DISTRICT COURT OF THE VIRGIN ISLANDS
DIVISION OF ST. CROIX
MARINA RIVERA
 
:
CIVIL ACTION
:
v.
:
NO. 05-0076
:
KMART CORPORATION
:
O R D E R
AND NOW, this 10th day of November, 2009, upon consideration of the Motion in
Limine to Strike Witnesses (Document No. 109) and the plaintiff’s response, and after
argument, it is ORDERED that the motion is DENIED .  
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  s/Timothy J. Savage                                 
TIMOTHY J. SAVAGE,  J.
  The plaintiff is not precluded from calling Joanne Ruiz as a witness not only because she was
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disclosed in discovery, but she was also known to the defendant.  Her testimony, however, shall be limited
to those facts which could have put the defendant on notice of a dangerous condition resulting from the
leaking air conditioning unit two weeks prior to the plaintiff’s incident.
Case: 1:05-cv-00076-TJS   Document #: 190   Filed: 11/10/09   Page 1 of 1