White Hawk et al v. Tribal EM et al, No. 5:2021cv05089 - Document 67 (D.S.D. 2023)

Court Description: MEMORANDUM OPINION AND ORDER DENYING FIRST MOTION IN LIMINE denying 55 Motion in Limine. Signed by U.S. District Judge Lawrence L. Piersol on 9/26/2023. (ARW)

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White Hawk et al v. Tribal EM et al Doc. 67 Case 5:21-cv-05089-LLP Document 67 Filed 09/26/23 Page 1 of 4 PageID #: 555 UNITED STATES DISTRICT COURT DISTRICT OF SOUTH DAKOTA WESTERN DIVISION ARDEGENE R. WHITE HAWK,Individually, 5:21-CV-5089-I:LP and as SPECIAL ADMINISTRATOR AND \ • PERSONAL REPRESENTATIVE of the ESTATE OF LYNETTE A. GOGGLES, Deceased, MEMORANDUM OPINION ^ND ORDER DENYING FIRST MOTION IN LIMINE • Y'- Plaintiff, vs. TRIBAL EM a/k/a TRIBAL EM,PLLC,DR. NELSON SANABRIA,THE UNITED STATES OF AMERICA,LACY J. CORTES,HEATHER A. JOHNSON,MEAGAN ULMER,DALE AVIATION,INC. d/b/a MEDICAL AIR RESCUE COMPANY(MARC), arid JOHN DOES ONE THROUGH SEVEN,individually, and jointly and severally, Defendants. Pending before the Court is Plaintiff's First Motion in Limine. (Doc. 55). For the following reasons. Plaintiff's Motion is denied. BACKGROUND On March 2, 2018, Lynette Goggles was being treated at the Pine Ridge Indian Health Service Hospital. Ms. Goggles was intubated with an endotracheal tube in preparation for her transportation to Rapid City Regional Hospital. The first two intubation attempts of Ms. Goggles by Dr. Nelson Sanabria, a contract employee of Tribal EM, were unsuccessful and Ms. Goggles was intubated a third time. Dr. Sanabria testified in his deposition that an x-ray was taken before he removed the endotracheal tube the second time and that a second x-ray was taken after the third intubation attempt. (Doc. 57-1, Sanabria Dep. 77:21-78:4). The parties agree that only one chest x-ray image documented as deposition Exhibit Number 17, and Exhibit Number 28, has been produced. Defendants provide that although at the time of his deposition, Dr. Sanabria remembered a second x-ray being taken, no other x-ray or CT Scan films exist of Ms. Goggles' Dockets.Justia.com Case 5:21-cv-05089-LLP Document 67 Filed 09/26/23 Page 2 of 4 PageID #: 556 Case 5:21-cv-05089-LLP Document 67 Filed 09/26/23 Page 3 of 4 PageID #: 557 Case 5:21-cv-05089-LLP Document 67 Filed 09/26/23 Page 4 of 4 PageID #: 558

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