# Duran v. Hyundai Motor America, Inc.

> Court of Appeals of Tennessee · February 27, 2008 · 271 S.W.3d 178

URL: https://www.frixlaw.com/law-library/cases/9679558

## Case

- **Full name:** Nickie DURAN v. HYUNDAI MOTOR AMERICA, INC. Et Al.
- **Court:** Court of Appeals of Tennessee
- **Decided:** February 27, 2008
- **Citations:** 271 S.W.3d 178; 2008 Tenn. App. LEXIS 127; 2008 WL 425942
- **Precedential status:** Published
- **Opinion:** On rehearing
- **Judges:** Koch, Clement, Cain
- **Cited by:** 86 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9679558

## How later opinions describe it (automated extraction)

- 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”
- noting that a court may provide limiting instructions on its own motion

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9679558. Public record. Not legal advice.