CHAPTER 10 Personal Injury Motions

• Jurisdiction: United States

CHAPTER 10 Personal Injury Motions

I. Motion Authorities

A. Motion to Exclude Evidence of Collateral Source Payments

1. Suggested Motion Text
2. Motion Summary
3. Supporting Authorities

a. Gratuitous Payments
b. Medical or Liability Policy Payments
c. Disability and Other Payments
d. Workers' Compensation Payments
e. Wage Payments
f. Other Grounds

4. Opposing Authorities

a. Not Wholly Independent Source
b. Relevant to Issues in Case
c. Impeachment

B. Motion to Exclude Evidence of Liability Insurance

1. Suggested Motion Text
2. Motion Summary
3. Supporting Authorities

a. Evidence of Defendant's Lack of Insurance
b. Irrelevant
c. Other Grounds

4. Opposing Authorities

a. Where Relevant to Issues or Otherwise Admissible
b. Incidental Reference to Insurance
c. Nonprejudicial References to Insurance
d. Admissions
e. To Prove Ownership or Employment

C. Motion to Exclude Settlement Evidence

1. Suggested Motion Text
2. Motion Summary
3. Supporting Authorities

a. Prior Settlements
b. Settlement Negotiations
c. Settlement With Codefendants
d. Where Offer Made Before Litigation
e. Other Grounds

4. Opposing Authorities

a. Bias or Prejudice
b. Impeachment
c. Settlement With Codefendant
d. State of Mind

D. Motion to Exclude Evidence of Other Accidents

1. Suggested Motion Text
2. Motion Summary
3. Supporting Authorities

a. Prior Accident Evidence Used to Show Negligence
b. Lack of Similarity—Dangerous Condition/Defective Products
c. Irrelevant
d. Exclusion of Subsequent Accident Evidence
e. Other Grounds

4. Opposing Authorities

a. Similarity: Dangerous Condition/Defective Products
b. Notice
c. Evidence of Subsequent Accidents

E. Motion to Exclude Evidence of Subsequent Repairs

1. Suggested Motion Text
2. Motion Summary
3. Supporting Authorities

a. Other Grounds

4. Opposing Authorities

a. Relevant to Issues
b. Strict Products Liability

F. Motion to Exclude Evidence of Statutory Violation

1. Suggested Motion Text
2. Motion Summary
3. Supporting Authorities

a. Not Proximate Cause
b. Not Negligence Per Se
c. Other Grounds

4. Opposing Authorities

a. Proximate Cause

i. Negligence Per Se

G. Motion to Exclude Evidence of Driver's License Suspension

1. Suggested Motion Text
2. Motion Summary
3. Supporting Authorities

a. Other Grounds

4. Opposing Authorities

H. Motion to Exclude Evidence of Failure to Wear Seatbelt

1. Suggested Motion Text
2. Motion Summary
3. Supporting Authorities

a. Other Grounds

4. Opposing Authorities

a. Where Use Would Have Reduced

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