Case: 1:11-cv-00103-GHD-DAS Doc #: 255 Filed: 10/08/13 1 of 2 PageID #: 2554
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF MISSISSIPPI ABERDEEN DIVISION KMART CORPORATION, Plaintiff CIV. ACT. NO. 1:11-CV-103-GHD-DAS versus THE KROGER CO., et al. Defendants _____________________________________________________________________________________________
MOTION IN LIMINE TO EXCLUDE OR LIMIT THE ANTICIPATED TRIAL TESTIMONY OF ROBERT H. ALEXANDER Plaintiff, Kmart Corporation, files this Motion in Limine to Exclude or Limit the Anticipated Trial Testimony of Robert H. Alexander, a certified professional accountant. Kmart seeks to exclude or limit any anticipated trial testimony by Mr. Alexander as to the reasonableness of the period of restoration by Kmart in reopening its store following the flood damage caused by the acts or omissions of Defendants, The Kroger Co., Kansas City Southern Railway Co., E&A Southeast Partnership Limited, and Fulton Improvements, LLC.
The
reasonableness of the period of restoration is an impermissible legal conclusion that is to be made by the trier of fact, not Mr. Alexander. Additionally, Mr. Alexander, who is an accountant, is not qualified to testify regarding the reasonableness of the period of restoration because he is not a contractor or flood specialist, and has no direct training, knowledge or experience in opening or reopening a department store. Consequently, any testimony by Mr. Alexander as to the reasonableness of any period of restoration would not be reliable.