Plaintiff's Motion in Limine to Exclude Evidence of Past Conduct as Irrelevant and Prejudicial

PLAINTIFF’S MOTION IN LIMINE TO EXCLUDE EVIDENCE OF PAST CONDUCT

AS IRRELEVANT AND PREJUDICIAL

STATE OF _____________________

IN THE _______________ COURT FOR THE COUNTY OF _____________

______________________________

______________________________

Plaintiffs

v.

AUTOMOBILE INSURANCE COMPANY,

Defendants

___________________________________________________/

___________________________________________________/

PLAINTIFF’S MOTION TO EXCLUDE PLAINTIFF'S PRIOR OUIL, PRIOR BANKRUPTCY, AND ANY MENTION OF MEDICAL TREATMENT FOR NONPARTIES

NOW COMES Plaintiff, by and through his attorneys, and in support of his Motion to Exclude Plaintiff’s Prior OUIL, Prior Bankruptcy, and Mention of Medical Treatment for Nonparties, hereby states as follows:

This case arises out of a motor vehicle accident occurring on or about [date].

As a result of the motor vehicle accident, Plaintiff sustained serious and permanent injuries, including ______________.

Plaintiff filed a claim for no-fault benefits against Defendant.

Pursuant to MRE 402, evidence is admissible only if relevant. Even if relevant, evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice. MRE 403.

Plaintiff’s prior arrest for Operating Under the Influence of Liquor is irrelevant to the issues at hand and is highly prejudicial to Plaintiff because it is over 10 years old.

Also, Plaintiff’s prior filing for bankruptcy is irrelevant to the issues at hand and is highly prejudicial to Plaintiff.

Further, any use of the Plaintiff’s filing for bankruptcy for impeachment purposes would be improper because the bankruptcy proceedings are a collateral matter to the issues at hand.

Finally, any mention of any nonparty medical treatment would be irrelevant and unduly prejudicial, and would violate the nonparties’ HIPAA rights.

WHEREFORE, Plaintiff respectfully requests that this Honorable Court preclude any remark, statement, question, answer, inference, innuendo, testimony, or document of any nature which might inform the jury of or infer to the jury Plaintiff’s arrest for Operating Under the Influence of Liquor, Plaintiff’s prior bankruptcy proceedings, and the medical treatment of nonparties.

Respectfully submitted,

Attorneys for Plaintiff

_________________________________________

Dated:

STATE OF _____________________

IN THE _______________ COURT FOR THE COUNTY OF _____________

______________________________

______________________________

Plaintiffs

v.

AUTOMOBILE INSURANCE COMPANY,

Defendants

___________________________________________________/

___________________________________________________/

BRIEF IN SUPPORT OF PLAINTIFF’S MOTION TO EXCLUDE PLAINTIFF'S PRIOR OUIL, PRIOR BANKRUPTCY, AND ANY MENTION OF MEDICAL TREATMENT FOR NONPARTIES

Statement of Facts

On [date], Plaintiff was a passenger in a van driven by his friend. Plaintiff was a front-seat passenger in the van. As they traveled westbound in the left lane of [street], Plaintiff’s friend moved into the right lane to pass a slower-moving vehicle ahead of him. As the vehicles drew even, the other driver suddenly and without warning pulled into the plaintiff’s lane of travel, striking the van on the front driver side. The collision pushed the van into a parking lot on the northwest corner of the intersection. At the time of the collision, Plaintiff’s face struck the passenger window and his body was twisted in the impact.

After the accident, the plaintiff is alleged to have received medical treatment that was similar to that of the driver of the vehicle, the plaintiff’s friend. During facilitation and case evaluation, Defendant has made specific mention of those...