UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF MICHIGAN 

SOUTHERN DIVISION 

CHARLES HALL, 

 Plaintiff, 

 

 

v. Case No. 4:14-cv-12706 

Honorable Linda V. Parker 

 

IKEA PROPERTY, INC., a 

foreign profit corporation, 

 Defendant. 

__________________________/

 

OPINION AND ORDER GRANTING DEFENDANT’S MOTION IN 

LIMINE TO EXCLUDE THE TESTIMONY OF DEANDRE KINNEY [ECF 

NO. 76] 

 Plaintiff Charles Hall (“Plaintiff”) filed this lawsuit asserting claims of 

premises liability and negligence against Defendant Ikea Property, Inc. 

(“Defendant” or “Ikea”). The matter is currently scheduled for trial on November 

14, 2016. Both Plaintiff and Defendant have filed motions in limine in anticipation 

of trial, which presently remain pending before the Court. In those motions, 

Plaintiff seeks to: 

 Strike Defendant’s Expert Witness, Andrew J. Sievers (ECF No. 74); and 

 Strike Nonparty At Fault Claim (ECF No. 75). 

Defendant’s motions in limine seek to: 

 Exclude Testimony of DeAndre Kinney (ECF No. 76); and 

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 Preclude Evidence of Plaintiff’s Wage Loss Claim (ECF No. 77). 

Both parties have filed briefs in response to the opposing party’s motions. (ECF 

Nos. 78-84.) The Court now resolves the Motion to Exclude Testimony of 

DeAndre Kinney. (ECF No. 76.) 

I. Factual Background 

 Plaintiff filed this suit against Defendant for an injury he obtained through 

the course of his employment at J.W. Logistics (“JW”). (ECF No. 28, ¶¶ 3, 7.) 

Plaintiff alleges that while he was loading a long mirror onto the truck, “his left leg 

fell through the gap between the loading dock and truck, causing the leg to fracture 

immediately.” (Id. ¶ 9.) According to Plaintiff, his foot “slipped off the side of the 

plate.” (Hall Dep. 75:20, Feb. 13, 2015.) The dock plate did not move. (Id. at 

76:15-16.) Plaintiff argues the dock plate was too short. (ECF No. 79 at Pg ID 

1088.) 

 Plaintiff’s witness, DeAndre Kinney (“Kinney”) also was involved in 

accident related to a dock plate while employed by JW. (Id.) Kinney was not 

present when Plaintiff’s accident occurred. (ECF No. 76 at Pg ID 936.) Kinney’s 

accident occurred on June 16, 2014, approximately three weeks after Plaintiff’s 

accident. (Id.) Kinney’s accident occurred when the dock plate he used for 

loading moved. (Id. at Pg ID 938.) 

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 Defendant argues that the cause of the accident is different than the witness, 

and therefore Kinney’s testimony would confuse the issues and mislead the jury. 

(Id. at Pg ID 937.) Plaintiff disagrees, stating that Kinney’s testimony 

demonstrates that the Defendant’s loading dock was too short. (ECF No. 79 at Pg 

ID1088.) 

II. Legal Standard 

 Prior incidents are admissible if they are “substantially similar” to the 

incident at issue in a case. Rye v. Black & Decker Mfg. co., 889 F.2d 100, 102 (6th 

Cir. 1989). To be “substantially similar” the incidents must “occur[] under similar 

circumstances or share the same cause.” Surles ex rel. Johnson v. Greyhound 

Lines, 474 F.3d 288, 297 (6th Cir. 2007) (internal citation omitted). The 

proffering party is required to demonstrate proof of substantial similarity. Id. 

III. Analysis 

 Plaintiff fails to satisfy the burden of substantial similarity. Kinney’s 

accident did not occur under similar circumstances or share the same cause. While 

Kinney’s accident occurred when the dock plate moved (ECF No. 76 at Pg ID 

938), Plaintiff alleges the cause of his accident stems from the dock plate being too 

short. (ECF No. 79 at Pg ID 1088.) 

 Plaintiff speculates that Defendant wants to bar Kinney’s testimony because 

Kinney could testify that Defendant was on notice that the dock plates were too 

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small. (Id. at Pg ID 1091.) This Court has already determined that Defendant was 

on notice; therefore Kinney’s testimony would be relevant only to establish 

causation. (ECF No. 63 at Pg ID 851.) 

Accordingly, 

IT IS ORDERED that Defendant’s Motion to Exclude Testimony of 

DeAndre Kinney (ECF No. 76) is GRANTED.

 s/ Linda V. Parker 

 LINDA V. PARKER 

 U.S. DISTRICT JUDGE 

Dated: November 2, 2016 

I hereby certify that a copy of the foregoing document was mailed to counsel of 

record and/or pro se parties on this date, November 2, 2016, by electronic and/or 

U.S. First Class mail. 

 s/ Richard Loury 

 Case Manager 

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