Opinion

Duran v. Hyundai Motor America, Inc.

  • 271 S.W.3d 178
  • 2008 Tenn. App. LEXIS 127
  • 2008 WL 425942
Court
Court of Appeals of Tennessee
Filed
Feb 27, 2008
Status
Published
On the bench
Koch, Clement, Cain
Cited by
86 cases

holding that an expert witness’s fee for reserving time in his schedule to testify at trial may be awarded as a discretionary cost under Rule 54.04(2)

How later courts described this case

  • holding that an expert witness’s fee for reserving time in his schedule to testify at trial may be awarded as a discretionary cost under Rule 54.04(2)
  • stating motion in limine should not be used to “‘choke off’ a party’s entire case or defense”
  • “[A]ppellate courts begin with a presumption that juries are honest and conscientious and they have followed the instructions given to them.”
  • noting that a court may provide limiting instructions on its own motion

Written by the judges who cited it.

The opinion

ORDER DENYING THE PETITION FOR REHEARING

Hyundai Motor America, Inc. and Hyundai Motor Company (“Hyundai Defen *217 dants”) have filed a timely petition for rehearing in accordance with Tenn. R. App. P. 39 requesting this court to reconsider portions of our February 13, 2008 opinion relating to the cross-examination of Dr. Thomas Bennett and to the introduction during Ms. Cook’s case-in-chief of evidence regarding her claim for punitive damages. The petition raises no new matter that was not considered and addressed in our original opinion. Accordingly, the petition is respectfully denied with all associated costs taxed to the Hyundai Defendants.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.