Fox
Fox v. United States
Opinion
lead Opinion
Illston, J.
ORDER ON MOTIONS IN LIMINE
On February 2, 1996, the Court heard argument on two motions in limine, filed in tandem by plaintiffs Fox et al. and defendant Robert Anderson (hereinafter “movants”). One motion seeks to exclude evidence of negligence by the owners or crew of the S/V GRIFFIN in operation of the vessel prior to the rescue (“pre-rescue negligence”), and the second seeks to allow a Coast Guard Investigative Report concerning the accident to be admitted into evidence, subject to a FRE 803(8) showing. Having considered the arguments of counsel and the papers submitted, the Court rales that evidence of alleged pre-rescue negligence will not be admitted for purposes of assessing comparative fault among the parties, unless the evidence is relevant to the rescue itself; and that the Coast Guard Investigative Report may be admitted into evidence if it meets the trustworthiness standard of Beech Aircraft Corp. v. Rainey, 488 U.S. 153 , 109 S.Ct. 439 , 102 L.Ed.2d 445 (1988) and the requirements of FRE 803(8).
BACKGROUND
On November 14, 1993, on the high seas approximately 50 miles off the coast of Monterey, California, two naval vessels owned and operated by the United States…