Motion To Exclude Evidence Re Vehicle Damage To Correlate Injury

MOTION TO EXCLUDE EVIDENCE RE: VEHICLE DAMAGE TO CORRELATE INJURY

STATE OF ________________

IN THE _________ COURT FOR THE COUNTY OF ______________

PLAINTIFF Case No. _____________

Plaintiff,

v.

DEFENDANT and DEFENDANT

INSURANCE ASSOCIATION,

Defendants.

PLAINTIFF’S EMERGENCY MOTION TO EXCLUDE ARGUMENTS CORRELATING THE EXTENT OF VEHICLE DAMAGE TO THE CAUSE OF PLAINTIFF’S INJURIES

NOW COMES Plaintiff, by and through her attorneys, the Law Offices of Michael J. Morse, P.C., and for her Emergency Motion to Exclude Arguments Correlating the Extent of Vehicle Damage to the Cause of Plaintiff’s Injuries, states as follows:

Plaintiff has filed a third party claim in connection with injuries she suffered in a [date] motor vehicle collision.

Trial in this matter is currently scheduled for [date].

It is anticipated that Defendant plans to defend this case based on the damage Plaintiff’s vehicle sustained.

There has been no evidence produced, and no expert has testified that there is any correlation between the damage to a vehicle and injuries to a person in the vehicle.

Medical and engineering research clearly state that there is no correlation between vehicle damage and injuries to a person in the vehicle.

As such, any photographs of vehicle damage, evidence of vehicle damage or argument that injuries could not have been caused in the crash due to minor vehicle damage have no foundation.

Any photographs of damage or evidence of vehicle damage are irrelevant, as there is no expert to state that they have any bearing on the injuries Plaintiff suffered. See MRE 401 and MRE 402.

Any photographs of damage or evidence of vehicle damage is more prejudicial than probative, as there is no probative value because there is no expert to state that there is any relationship between vehicle damage and injuries caused in a crash. See MRE 403. The evidence can only be used for prejudicial purposes.

Other judges in the southeast Michigan area have ruled on this issue, and determined that there is no relevance of, or correlation between, extent of vehicle damage and the injuries sustained by the occupants.

WHEREFORE, Plaintiffs respectfully request that this Court preclude any evidence of vehicular damage, including photographs and damage estimates, and preclude any argument that Plaintiff’s injuries could not have been caused from the crash based on the extent of vehicle damage.

Respectfully...