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Date of Hearing: May 24, 2022

Ferree v. Yocom, et. al.

A-18-774286-C

Case Summary: This matter arises out of a motor vehicle collision that occurred on April 19, 2018, when Plaintiff Ethan Ferree was riding his motorcycle southbound on Las Vegas Boulevard toward the intersection of Clark Avenue in Las Vegas, Nevada. At the same time, Defendant Debbrah Yocom was operating a 2017 Ford Econoline Coach shuttle bus northbound on Las Vegas Boulevard in the course and scope of her employment with Defendant Howard Stark, LLC d/b/a Sin City Tours. As Ethan was approaching the intersection, Yocom initiated a left turn into the same intersection toward westbound Clark Avenue and directly into the path of Ethan’s oncoming motorcycle. Yocom’s left turn into the intersection caused a major collision and near-fatal injuries to Ethan.

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Motions: 

(1) Hearing on Plaintiff's Motion in Limine No. 13 to Prohibit Reference to Plaintiff’s Motorcycle as a “Crotch Rocket,” “Ninja Bike,” “GXSR,” “GIXXER,” “Race Bike” and Other Similar Type Names

Ethan respectfully requests that this Court prohibit reference to Ethan’s motorcycle with overtly prejudicial terms such as: “crotch rocket,” “ninja bike,” “GXSR,” “Gixxer,” “race bike,” and other similar type names.  Ethan also respectfully requests that the Court exclude any testimony that these types of motorcycles are fast and are designed for racing.  Aside from the obvious undue prejudicial impact these derogatory terms will have in this case, they also carry improper implications to the jury, such as Ethan was speeding at the time of the collision. Defendants have no evidence to support that careless inference, thus these terms must be prohibited from use at trial.

(2) Hearing on Plaintiff's Motion in Limine No. 14 to Exclude Any Reference to Collateral Sources of Payment of Medical Bills and All Other Expenses, Including Health Insurance, Liens, and Employment/Disability Benefits

Plaintiff seeks an order from the Court precluding Defendants from seeking admission of collateral source evidence of medical providers treating on a lien basis, the fact that those providers may have sold the rights to those liens to a third party, or any discount given in connection to any such sale. Plaintiff anticipates that Defendants will seek to admit collateral source evidence to establish that the write-down or discounted amount is the reasonable value of the medical services provided.

(3) Hearing on Plaintiff's Motion for Judicial Notice of the Nevada Driver’s Handbook

Courts may take judicial notice of “facts in issue or facts from which they may be inferred.” NRS 47.130. Ethan respectfully requests this Court to take judicial notice of the Nevada Driver’s Handbook so the parties may readily refer to the same during trial. Because the Nevada Driver’s Handbook sets the standard for drivers in the Nevada, the Court should take judicial notice of the same.

(4) Hearing on Plaintiff's Motion for Judicial Notice of the Life Expectancy Table

Ethan respectfully requests this Court to take judicial notice of the U.S. Census Bureau’s Life Expectancy Table so the parties may readily refer to the data therein at the time of trial. The data set forth in the U.S. Census Bureau tables are generally known in the country and capable of accurate and ready determination by simple reference to reliable federal governmental sources. Such data will in turn provide the jury with a frame of reference when calculating Ethan’s damages award for future medical expenses and future pain and suffering.

(5) Hearing on Plaintiff's Motion for Judicial Notice of NRS 484B.253

The Court may take judicial notice of matters of law found within the Nevada Revised Statutes. NRS 47.140(2). Pursuant to NRS 47.150, the Court must take judicial notice when requested by a party and supplied with the necessary information. Ethan specifically requests that this Court take judicial notice of NRS 484B.253, which prescribes the rights and duties of vehicles making left turns in intersections.

(6) Hearing on Plaintiff's Motion to Admit Plaintiff is a Novice Motorcyclist and Not An Expert

Ethan respectfully requests that the Court admit that Ethan is, and at all relevant times was, a novice motorcyclist and not an expert. Ethan’s lack of experience operating motorcycles demonstrates that he was not an expert motorcyclist prior to or at the time of the subject collision.  Thus, any argument that Ethan was anything other than a novice motorcyclist must be excluded.

(7) Hearing on Plaintiff's Motion for Judicial Notice of the Nevada Commercial Driver’s License Manual

Courts may take judicial notice of “facts in issue or facts from which they may be inferred.” NRS 47.130. Plaintiff respectfully requests that this Court take judicial notice of the Nevada Commercial Driver’s License Manual (Nevada CDL Manual). The Nevada CDL Manual is published by the Nevada Department of Motor Vehicles and the data set forth by the same is generally known in Nevada. The Nevada CDL Manual is universally used in Nevada as a standard for commercial drivers and both Defendants’ and Ethan’s experts cite to the Nevada CDL Manual in their corresponding expert reports. As such, this Court should take judicial notice of the same.

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