Osborne v. Todd Farm Serv.
Appellant filed a personal injury suit after she was hurt in a hay bale accident. In this case, the trial court dismissed with prejudice the complaint for personal injuries during jury trial as a sanction for repeated violations of its orders excluding hearsay and opinion testimony. Appellant contends the trial court abused its discretion in granting the terminating sanction and erred when it granted respondents' motions in limine. Because the orders in limine did not have the effect of granting a nonsuit or judgment on the pleadings, the court determined that the abuse of discretion standard of review applies. In this case, the court concluded that the trial court did not abuse its discretion when it made orders excluding evidence that were tantamount to a nonsuit and when it granted the terminating sanction where appellant could not, and did not, demonstrate her opinions about the appearance of hay bales had any rational basis. The trial court also correctly granted respondents' Motion in Limine No. 4, to exclude hearsay regarding the source of the hay bales. The trial court also correctly excluded appellant's proffered testimony that she saw Todd's delivery person with a delivery "ticket" or receipt identifying Berrington as the source of the hay bale. The trial court also did not abuse its discretion in issuing the terminating sanction. Accordingly, the court affirmed the judgment. View "Osborne v. Todd Farm Serv." on Justia Law