Porche v. Zachry Holdings, Inc. et al

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
JABARI PORCHE
VERSUS
ZACHRY HOLDINGS, INC., ET AL.
CIVIL ACTION
NO. 24-639
SECTION L (5)
ORDER AND REASONS
Considering Defendants Zachry Industrial, Inc. and Coral Gonzalez’s Motion in Limine to
Preclude Plaintiff from Introducing Police Reports and Evidence of Traffic Citations, R. Doc. 93,
in light of Plaintiff Jabari Porche’s opposition thereto, R. Doc. 105, and Defendant’s reply
memorandum, R. Doc. 126;
IT IS ORDERED that the Motion is GRANTED IN PART as to Defendants’ request that
Plaintiff be precluded from introducing evidence of traffic citations against Defendant Coral
Gonzalez, given Plaintiff’s stipulation that he does not intend to introduce any such evidence at
trial.
IT IS FURTHER ORDERED that the Motion is GRANTED IN PART as to the Crash
Diagram, given Officer Palmisano’s testimony at deposition that the diagram is not based on his
personal knowledge and/or observations.
IT IS FURTHER ORDERED that the Motion is DENIED IN PART as to the remainder
of the Uniform Crash Report. The Report itself is admissible under Federal Rule of Evidence
803(8). The hearsay statements of Plaintiff contained within the narrative section of the report are
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admissible as either present sense impression or an excited utterance under Federal Rule of
Evidence 803(1) or (2). The statements of Defendant Coral Gonzalez contained within the
narrative section of the report are not hearsay and are thus admissible under Federal Rule of
Evidence 801(d)(2).
New Orleans, Louisiana, this 27th day of February, 2026.
United States District Judge
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