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FORBIS v. McGINTY

No. CIV.02-135-P-H.

292 F.Supp.2d 160 (2003)

Sharon L. FORBIS, Plaintiff v. Wayne McGINTY, et al., Defendants

United States District Court, D. Maine.

November 4, 2003.

Attorney(s) appearing for the Case

Daniel G. Lilley, Esq., Christian C. Foster, Esq., Daniel G. Lilley Law Offices, P.A., Portland, ME, for Sharon L. Forbis, Plaintiff.

Michael A. Cunniff, Esq., McCloskey, Mina & Cunniff, LLC, Portland, ME, for Wayne McGinty, individually and as an employee of the Portland Police Department, Robin A. Gauvin, individually and as an employee of the Portland Police Department, Richard R. Vogel, individually and as an employee of the Portland Police Department, Defendants.

ORDER ON PLAINTIFF'S MOTION IN LIMINE

HORNBY, District Judge.

The plaintiff, Sharon Forbis, moves to exclude a particular note in her Emergency Physician Record ("T-sheet") from evidence. Although I agree with her argument that the note is not admissible under the medical records exception to the hearsay rule. Federal Rule of Evidence 803(4), it is admissible as a recorded recollection, Fed.R.Evid. 803(5),...

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