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.