PLAINTIFF S MOTIONS IN LIMINE

Transcription

1 MCDONALD V. STERN 15CVP-0021 PLAINTIFF S MOTIONS IN LIMINE NO. DESCRIPTION RULING 1 FOR AN ORDER EXCLUDING EVIDENCE THAT CONTRADICTS DEFENDANTS' ADMISSIONS MADE IN RESPONSES TO PLAINTIFF'S REQUESTS FOR ADMISSIONS AS TO PLAINTIFF'S INJURIES ( ) 2 FOR AN ORDER EXCLUDING EVIDENCE THAT CONTRADICTS DEFENDANT BRAD'S OVERHEAD DOORS, INC.'S ADMISSIONS REGARDING THE SERVICES IT PERFORMED IN RESPONSE TO PLAINTIFF'S REQUESTS FOR ADMISSION( ) 3 TO EXCLUDE ANY EVIDENCE IN SUPPORT OF DEFENDANTS' RESPECTIVE AFFIRMATIVE DEFENSES ( ) 4 TO EXCLUDE EXPERT TESTIMONY ULTIMATE CONCLUSIONS OF LAW( ) GRANTED, except as to Request for Admissions No. 2. No opposition. GRANTED, except for expert opinions obtained in depositions after Feb GRANTED, no expert shall testify to ultimate conclusion of law. 5 TO EXCLUDE EVIDENCE OF DEFENDANTS' LACK OF WEALTH ( ) GRANTED, foundational evidence is permitted. 6 TO EXCLUDE EXPERT TESTIMONY BY BRAD SPENCE ( ) (See Stern s #2) 7 TO EXCLUDE EVIDENCE OF LACK OF PRIOR ACCIDENTS OR COMPLAINTS REGARDING DEFENDANT, BRAD'S OVERHEAD DOORS, INC. ( ) 1

2 8 TO EXCLUDE ANY QUESTION OR COMMENT ON ANY PARTICULAR RELIGIOUS FAITH FOLLOWED BY PLAINTIFF'S LIABILITY EXPERT, KEN MARTIN 9 TO EXCLUDE EVIDENCE OF PLAINTIFF S COLLATERAL SOURCE PAYMENTS FROM WORKERS COMPENSATION AND REFERENCE TO WORKERS COMPENSATION EXAMS AND PROCEEDINGS 10 EXCLUDE TESTIMONY OF ANTHONY ROMERO, M.D. REGARDING OPINIONS NOT STATED IN DEPOSITION 11 TO EXCLUDE ANY EVIDENCE IN SUPPORT OF THE AFFIRMATIVE DEFENSE OF MISUSE OF A PRODUCT GRANTED, unless & until Mr. Martin opens the door through his testimony. DENIED, however Dr. Romero is to be produced for further deposition before he testifies at trial. 12 TO EXCLUDE ANY EXPERT TESTIMONY BY LEE PIATEK, M.D. ** PLAINTIFF FILED ON A SUPPLEMENTAL TRIAL BRIEF RE: PRECLUSION OF EVIDENCE OF INDUSTRY STANDARDS CUSTOM AND PRACTICE IN A STRICT PRODUCT LIABILITY CASE 2

3 DEFT STERN/CAL SUN MOTIONS IN LIMINE NO. DESCRIPTION RULING 1 FOR AN ORDER PRECLUDING EXPERT ACCIDENT RECONSTRUCTION OPINIONS; GRANTED 2 FOR AN ORDER EXCLUDING EXPERT OPINION TESTIMONY FROM LAY WITNESSES; GRANTED (See Plt s #6) 3 FOR AN ORDER PRECLUDING LAY WITNESSES ACCIDENT RECONSTRUCTION TESTIMONY OR, ALTERNATIVELY, REQUEST FOR EVIDENCE 402 HEARING; 4 FOR AN ORDER MANDATING ADVANCE NOTICE OF TESTIFYING WITNESSES; DENIED without prejudice GRANTED, to the extent consistent with the Court s trial policy (See Brad s #2). 5 AUTHORIZING USE OF PARTY DEPOSITIONS IN OPENING STATEMENT GRANTED, for use of adverse party depos only (subject to trial time limits) 6 FOR AN ORDER PRECLUDING PURPORTED IMPEACHMENT EXPERT WITNESSES SOLELY TO CONTRADICT EXPERT OPINIONS; 7 FOR AN ORDER PRECLUDING CROSS EXAMINATION OF EXPERT WITNESSES WITH DOCUMENTS NEITHER RELIED UPON BY THE EXPERTS NOR ADMITTED INTO EVIDENCE 8 FOR AN ORDER EXCLUDING NON-PARTY WITNESSES FROM THE COURTROOM UNLESS THEY ARE TESTIFYING DENIED, without prejudice. Use of impeachment expert will require specific offer of proof. GRANTED, subject to Court s discretion. GRANTED, at the Court s discretion. (See Brad s #3) 3

4 9 FOR AN ORDER EXCLUDING EVIDENCE OF SUITS AND/OR CLAIMS AGAINST DEFENDANTS' EXPERTS TO EXCLUDE CHARACTER EVIDENCE; 10 FOR AN ORDER PRECLUDING ADMISSION OF EVIDENCE OF FINANCIAL CONDITION OR PROFITS; DENIED as to evidence of suits against experts. DENIED, without prejudice as to character evidence. GRANTED (See Plt s #5) 11 LIMINE FOR AN ORDER EXCLUDING EVIDENCE OF LIABILITY INSURANCE GRANTED (unless triggered by issue raised in Plt s #5) (See Brad s #1) 12 FOR AN ORDER PREVENTING PREFERRED EMPLOYER INSURANCE COMPANY FROM CALLING ANY LIABILITY EXPERTS; MOOT. 13 FOR AN ORDER PRECLUDING ANY REFERENCE TO PHOTOGRAPHS, DOCUMENTS OR ANY OTHER DOCUMENTARY EVIDENCE WITHOUT ESTABLISHING FOUNDATION AND ADMISSIBILITY OF THE DOCUMENTS OR BY STIPULATION 14 FOR AN ORDER EXCLUDING EVIDENCE OF OFFERS OF SETTLEMENT OR SETTLEMENT NEGOTIATIONS GRANTED, at the Court s discretion. 15 FOR AN ORDER PRECLUDING ANY REFERENCE TO LIABILITY INSURANCE DURING VOIR DIRE; (See Brad s #1) 16 FOR AN ORDER EXCLUDING EVIDENCE OF UNRELATED CLAIMS OR SUITS GRANTED, if a party believes a claim or suit is related, Court order is needed before attempting to admit is made. 4

5 DEFENDANT BRAD S OVERHEAD DOOR MOTIONS IN LIMINE NO. DESCRIPTION RULING 1 DEFENDANT BRAD'S OVERHEAD DOORS, INC.'S MOTION IN LIMINE NO. 1 TO PRECLUDE ANY EVIDENCE OF OR REFERENCE TO INSURANCE AND/OR INSURANCE COVERAGE 2 DEFENDANT BRAD'S OVERHEAD DOORS, INC.'S MOTION IN LIMINE NO. 2 TO REQUIRE 24-HOUR COURT DAY NOTICE OF INTENTION TO CALL WITNESS TO TESTIFY 3 DEFENDANT BRAD'S OVERHEAD DOORS, INC.'S MOTION IN LIMINE NO. 3 TO EXCLUDE WITNESSES FROM THE COURTROOM UNTIL CALLED TO TESTIFY 4 DEFENDANT BRAD'S OVERHEAD DOORS, INC.'S MOTION IN LIMINE NO. 4 TO LIMIT THE TESTIMONY OF PLAINTIFF'S EXPERTS TO THOSE OPINIONS AND FACTS TESTIFIED TO AT THE TIME OF THEIR DEPOSITIONS 5 DEFENDANT BRAD'S OVERHEAD DOORS, INC.'S MOTION IN LIMINE NO. 5 TO EXCLUDE UNDISCLOSED WITNESSES 6 DEFENDANT BRAD'S OVERHEAD DOORS, INC.'S MOTION IN LIMINE NO. 6 TO LIMIT EVIDENCE OF PLAINTIFF'S PURPORTED MEDICAL SPECIAL DAMAGES TO THE AMOUNTS ACTUALLY PAID 7 DEFENDANT BRAD'S OVERHEAD DOORS, INC.'S MOTION IN LIMINE NO. 7 TO EXCLUDE TESTIMONY OF DEFENDANT STERN'S NON-QUALIFIED EXPERT WITNESS GEORGE WHITE 8 DEFENDANT BRAD'S OVERHEAD DOORS, INC.'S MOTION IN LIMINE NO. 8 TO PRECLUDE ANY REFERENCE TO CHAD STERN, D/B/A CAL SUN ELECTRIC & SOLAR SYSTEMS AS A "CROSS COMPLAINANT" 9 DEFENDANT BRAD'S OVERHEAD DOORS, INC.'S MOTION IN LIMINE NO. 9 TO EXCLUDE PUBLISHED ARTICLES 10 DEFENDANT BRAD'S OVERHEAD DOORS, INC.'S MOTION IN LIMINE NO. 10 TO PRECLUDE ANY EXPERT TESTIMONY AND/OR EVIDENCE BY PLAINTIFF PREFERRED EMPLOYERS INSURANCE COMPANY GRANTED (unless triggered by issue raised in Plt s #5) (See Stern s #11 & #15) GRANTED, to the extent consistent with the Court s trial policy. (See Stern s #4) GRANTED, at the Court s discretion. (See Stern s #8) GRANTED without prejudice. GRANTED, the incident witnesses other than those ID in 12.1 are excluded. DENIED as to impeachment witnesses or witnesses re: physical limitations & disabilities. DENIED. Brad s motion points out the likelihood that Mr. White will be vulnerable to X-exam. The Court intends to let the trier of fact determine the weight to be given to his testimony. MOOT. 5

6 11 DEFENDANT BRAD'S OVERHEAD DOORS, INC.'S MOTION IN LIMINE NO. 11 TO PRECLUDE PLAINTIFF FROM PRESENTING ANY EVIDENCE OF AMOUNTS OF PAST MEDICAL EXPENSES 12 DEFENDANT BRAD'S OVERHEAD DOORS, INC.'S MOTION IN LIMINE NO. 12 TO PRECLUDE PLAINTIFF'S EXPERT WITNESS KEN MARTIN FROM OFFERING OPINIONS AS TO PLAINTIFF'S "PRODUCTS LIABILITY" CAUSE OF ACTION DENIED. DENIED. 6