Motion in Limine Evidentiary in Elizabeth Moreno VS. James Ryan| Trellis.Law

On January 29, 2018 a Motion,Ex Parte was filed involving a dispute between Moreno, Elizabeth, and Ryan, James, for Injury or Damage - Motor Vehicle (OCA) in the District Court of Hidalgo County.

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Electronically Submitted
2/15/2023 3:09 PM
Hidalgo County Clerk
Accepted by: Sarah Reyes

CAUSE NO. CL-18-0473-I

ELIZABETH MORENO § IN THE COUNTY COURT
Plaintiff §
§
VS. § AT LAW NO. 9
§
§
JAME RYAN §
Defendant § HIDALGO COUNTY, TEXAS

DEFENDANT’S MOTION IN LIMINE

TO THE HONORABLE JUDGE OF SAID COURT:

COMES NOW, JAMES RYAN (INCORRECTLY NAMED AS JAME RYAN), Defendant in the

above-styled and numbered cause, and before commencement of the Voir Dire examination of the

jury panel, respectfully moves that counsel for Plaintiff by and through their counsel, instruct any and

all witnesses for Plaintiff, by appropriate order of this Honorable Court, to refrain from making any

mention or interrogation, directly or indirectly in any manner whatsoever, concerning any of the

matters hereinafter set forth, without first approaching the bench and obtaining a ruling from the

Court outside the presence and outside the hearing of the prospective Juror or Jurors ultimately

selected in the case with regard to any alleged theory of admissibility of any such matters.

In this connection Defendant would show the Court that matters enumerated in the following

paragraphs are irrelevant, inadmissible, highly prejudicial, and inflammatory, and should not be

brought before the jury in any form. The injection of such matters in the trial of this cause by any

party, attorney, or witness would cause irreparable harm to the Defendant’s cause, which no

instruction by the Court to the jury would cure. Should any of the matters be brought to the attention

of the jury, directly or indirectly, Defendant will be compelled to file a Motion for Mistrial.

Defendant moves the Court to instruct Plaintiff’s attorney(s) in this cause, and order him or

her in turn to instruct all witnesses that he or she places upon the stand, not to question, mention,

Defendant’s Motion in Limine 1
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argue, or make any statements or references to any of the following matters of fact within the hearing

of the jury or the jury panel, without first obtaining the Court’s express permission outside the hearing

of the jury or jury panel to do so, and not to read any pleadings or other documents concerning such

matters without such prior permission of the Court:

Any reference, testimony, or documents regarding oral or written communications between

Plaintiff and Defendant regarding settlement negotiations or any statements made by Defendant’s

attorney in the course of attempting to negotiate a settlement of this lawsuit including payment of any

medical bills. Rule 408 of the Texas Rules of Evidence states in relevant part that "Evidence of

conduct or statements made in compromise negotiations is...not admissible." Texas case law is also

clear that any evidence, statements, or testimony regarding settlement negotiations are not admissible.

Rural Development, Inc. v. L.T. Stone, 700 S.W.2d 661 (Tex App. 1985).

GRANTED _______

DENIED ________

II.

The attempt to call any witness or witnesses with knowledge of relevant facts to this cause

who were not timely disclosed and fully identified by name and address in answers to interrogatories

heretofore filed herein and supplemented by Plaintiffs at least 30 days prior to trial unless good cause

is shown. Texas Rule of Civil Procedure 193.6); Clark v. Trailways, Inc., 774 S.W.2d 644 (Tex. 1989).

GRANTED _______

DENIED ________

III.

Any reference to any material, information, documents or other tangible evidence, including

experts’ opinions, that was not timely disclosed or sufficiently identified to the Defendant in answers

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to interrogatories, Request for Disclosure, or which have not been timely furnished to Defendant in

response to requests for production at least 30 days prior to trial. Rule 193.6 T.R.C.P.

GRANTED _______

DENIED ________

IV.

Defendant further moves the Court to instruct Plaintiff’s counsel not to make any mention or

reference in voir dire or opening and closing statements and throughout the trial to any causes or

claims for relief not specifically pled in Plaintiff’s Original Petition.

GRANTED _______

DENIED ________

Any medical bills or expenses which have not been proven by the Plaintiff to be related to

Plaintiff’s injuries as pled in her amended petition.

GRANTED _______

DENIED ________

VI.

That Defendant has received a defense by attorneys chosen by an insurance company, or that

payment to Plaintiff, in the event liability is found, could be made by an insurance group or an oil

company. That Defendant is or may be protected in any respect by liability insurance or some similar

contract or policy. Defendant further requests the Court to instruct the Plaintiff, their attorney(s) and

witnesses not to make mention of the fact that the investigation or preparation of this matter has been

conducted or performed by or on behalf of Defendant’s insurance carrier. Southern Pacific

Transportation Company v. Peralez, 546 S.W.2d 88 (Tex. Civ. App. -- Corpus Christi 1976, writ ref'd

n.r.e.).

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Accepted by: Sarah Reyes

GRANTED _______

DENIED ________

VII.

To state to the jury that Colvin, Saenz, Rodriguez & Kennamer, LLP is a defense law firm

and/or is routinely retained to represent and defend insurance companies.

GRANTED _______

DENIED ________

VIII.

Any questioning of the jury panel as a whole, or any member of the jury panel during voir dire

examination as to whether or not they, or any member of their family, friends or associates have any

connection with the insurance industry or are employed by any insurance company. Such questions

tend to emphasize or suggest to the jury panel that Defendant is covered by insurance. Brockett v.

Tice, 445 S.W.2d 20 (Tex. Civ. App. -- Houston, [1st Dist.] 1969, writ ref'd n.r.e.); Johnson v. Reed,

464 S.W.2d 689 (Tex. Civ. App. -- Dallas, 1971, writ ref'd n.r.e.).

GRANTED _______

DENIED ________

IX.

Any questioning of any member of the jury panel who may be employed by an insurance

company whether such employment would influence him/her or in any way affect his/her verdict as

a juror in the trial of this case. A.J. Miller Trucking Company v. Wood, 474 S.W.2d 763 (Tex. Civ.

App. -- Tyler 1971, writ ref'd n.r.e.).

GRANTED _______

DENIED ________

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That Plaintiff or their counsel make no reference in any manner that this Motion has been

presented to or filed upon by the Court. In this connection, Defendant requests that Plaintiff’s counsel

be instructed not to suggest by argument or otherwise that Defendant has sought to exclude from

evidence or proof, any matters bearing on the issues in this case or the rights of the parties to this suit.

Texas Employers Ins. Assoc. v. Phillips, 255 S.W.2d 364 (Tex. Civ. App. -- Eastland 1953, writ ref'd

n.r.e.); Burdick v. York Oil Co., 364 S.W.2d 766 (Tex. Civ. App. -- San Antonio 1963, writ ref'd n.r.e.).

GRANTED _______

DENIED ________

XI.

Any opinion by a lay witness as to the amount of medical, psychological or counseling

expenses incurred by the Plaintiff, and if said medical expenses were reasonable and necessary.

GRANTED _______

DENIED ________

XII.

That the Plaintiff and their attorney shall refrain from questioning the jury panel as to whether

they would answer an issue on damages in accordance with the evidence, regardless of who pays the

damages or when damages will be paid, or whether they will ever be paid, or any similar version of

such inquiry, for the reason that same improperly injects the implications of insurance into this suit,

and Defendant further moves the Court to instruct counsel not to make such references in jury

argument. Griffith v. Casteel, 313 S.W.2d 149 (Tex. Civ. App. -- Houston 1959, writ ref'd n.r.e.);

Hurley v. McMillan, 268 S.W.2d 229 (Tex. Civ. App. -- Galveston 1954, writ ref'd n.r.e.).

GRANTED _______

DENIED ________

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Hidalgo County Clerk
Accepted by: Sarah Reyes

XIII.

The Defendant further moves the Court that the attorney for Plaintiff be instructed that he or

she is not to mention during voir dire examination or at any time during the trial of this cause that the

trial judge or any appellate court can reduce the amount of any jury award, but cannot raise the amount

of such award; more importantly, in reviewing the verdict of the jury to such an extent that the jury

might assume that their verdict is only advisory in nature when the contrary is true.

GRANTED _______

DENIED ________

XIV.

That any document sought to be introduced into evidence in this matter have stricken from

any references to liability insurance, or insurance of any form in this matter as to Defendant.

GRANTED _______

DENIED ________

XV.

Any testimony by Plaintiff as to any medical opinions, diagnosis, and/or prognosis stated to

him/her by any medical doctor, chiropractor, psychiatrist, psychologist, or other health care provider,

unless same comes within an exception to the hearsay rule and such evidence is in admissible form,

was previously disclosed to Defendant. Furthermore, that any medical records and or statements or

narratives not be admitted unless such document satisfies the hearsay rules of the Texas Rules of Civil

Evidence, including any treating medical and chiropractic doctors’ narratives since they are not

admissible under the Texas Rules of Evidence.

GRANTED _______

DENIED ________

Defendant’s Motion in Limine 6
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Hidalgo County Clerk
Accepted by: Sarah Reyes

XVI.

Any testimony or evidence regarding doctor’s or health care provider’s bills or medical or

psychological expenses which have not been properly submitted by deposition or authenticated in a

manner authorized by the courts and laws of Texas.

GRANTED _______

DENIED ________

XVII.

Any evidence, testimony or reference by a lay witness regarding the cause and effect of

Plaintiff’s medical condition or the cause and effect of the Plaintiff’s medical condition. Reliable Life

Ins. Co. v. Steptoe (1971, CA Tyler) 471 S.W.2d 430.

GRANTED _______

DENIED ________

XVIII.

Any evidence, testimony or reference by a lay witness of the future results of an existing injury.

Standard Life and Accident Ins. Co. V. Roberts (1958, CA Amarillo) 318 S.W.2d 757 writ dism. w.o.j.

GRANTED _______

DENIED ________

XIX.

Any questioning, statements or evidence that Plaintiff was treated by any doctors, physicians,

hospitals or other medical/health providers that were not identified in her answers to Defendant’s

Interrogatories and/or responses to Request for Disclosure.

GRANTED _______

DENIED ________

Defendant’s Motion in Limine 7
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Hidalgo County Clerk
Accepted by: Sarah Reyes

XX.

Any evidence, testimony, or reference to any crimes (including arrests) allegedly committed by

Defendant which did not involve crimes of moral turpitude or a felony conviction.

GRANTED _______

DENIED ________

XXI.

That any evidence regarding the medical expenses claimed by Plaintiff to have been incurred

by Plaintiff as a result of her involvement in the incident be limited to the amounts of medical care or

health care expenses actually paid or incurred by or on behalf of Plaintiff, in accordance with Texas

Civil Practice and Remedies Code Section 41.0105.

GRANTED _______

DENIED ________

XXII.

Any evidence, testimony or reference to acts on the part of the Defendant that occurred post-

accident.

GRANTED _______

DENIED ________

XXIII.

That counsel for the Plaintiff be prohibited from making any references at any part in the trial

to Defendant’s absence. Any reference to Defendant’s absence is irrelevant and of no probable value.

GRANTED _______

DENIED ________

Defendant’s Motion in Limine 8
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Hidalgo County Clerk
Accepted by: Sarah Reyes

XXIV.

Any demands or requests made before the jury panel for documents contained in the files of

the Defendant’s attorneys, which includes statements, pleadings, reports, photographs, or other

documents. Tex. R. Civ. P. 192.

GRANTED ______

DENIED ______

XXV.

Counsel for the Plaintiff should be instructed not to elicit or offer any evidence from any

expert unless Plaintiff can establish that such evidence and/or opinions has an accurate and reliable

foundation. E.I. Dupont De Nemurs, Inc. v. Robinson, 923 S.W. 2d 549 (Tex. 1995).

GRANTED ________

DENIED ________

XXVI.

Counsel for the Plaintiff should be instructed not to elicit or offer any evidence of subsequent

remedial repairs or measures pursuant to TRE 407(a).

GRANTED _______

DENIED ________

XXVII.

Any opinion by an expert witness not based on a reasonable degree of medical probability.

GRANTED _______

DENIED ________

XXVIII.

Affidavits of reasonableness of costs and necessity of medical services unless proven by expert

testimony by offering party at trial pursuant to CPRC §18.001(a) and (b).

Defendant’s Motion in Limine 9
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Hidalgo County Clerk
Accepted by: Sarah Reyes

GRANTED _______

DENIED ________

XXIX.

Evidence of amount of property damages sustained to and/or paid for the vehicles of the

parties as there is no claim for property damages sought by the Plaintiff.

GRANTED _______

DENIED ________

XXX.

That any document sought to be introduced into evidence in this matter have stricken from

any references to causation or contributing cause of accident unless proven by expert testimony.

GRANTED _______

DENIED ________

XXXI.

Any evidence of any prior accidents involving the Defendant as being too remote in time

and not relevant to lead to the discovery of admissible evidence.

GRANTED _______

DENIED ________

XXXII.

Any testimony or evidence that Defendant’s actions were in violation of laws of the State of

Texas or negligence per se without expert testimony.

GRANTED _______

DENIED ________

Defendant’s Motion in Limine 10
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Hidalgo County Clerk
Accepted by: Sarah Reyes

XVIII.

Any testimony or evidence regarding provider’s bills from 911 Pain Management or medical

as they have not been properly submitted by deposition, affidavit or authenticated in a manner

authorized by the courts and laws of Texas and any such evidence lacks foundation and is heresay.

GRANTED _______

DENIED ________

WHEREFORE PREMISES CONSIDERED, Defendant James Ryan respectfully prays that

this his Motion in Limine be in all things granted, that opposing counsel, their witnesses, and parties

be ordered and instructed as herein requested, and for all other and further relief which might be

appropriate.

Respectfully submitted,

COLVIN, SAENZ, RODRIGUEZ & KENNAMER, LLP

By:____________________________________
CARLA SAENZ MARTINEZ
State Bar No.: 17514595
cm.saenzmartinez@rcclaw.com
ALISON W. COLVIN
State Bar No. 24042130
aw.colvin@rcclaw.com
1201 E. Van Buren Street
Brownsville, Texas 78522
(956) 542-7441
(956) 541-2170 (Fax)

Attorneys for Defendant

Defendant’s Motion in Limine 11
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Hidalgo County Clerk
Accepted by: Sarah Reyes

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing was served upon all counsel of
record, to-wit:
Juan R. Zamora
Law Office of Juan R. Zamora
1113 Nightingale Avenue
McAllen, Texas 78504
and
Stephen A. Gibson
Law Office of Stephen Gibson
946 West Nolana Loop, Suite D
Pharr, Texas 78577

by certified mail, return receipt requested, facsimile transmission, and/or hand delivery pursuant to
the Texas Rules of Civil Procedure on this the 15th day of February, 2023.

_______________________________________
Alison W. Colvin

Defendant’s Motion in Limine 12
24578
Automated Certificate of eService
This automated certificate of service was created by the efiling system.
The filer served this document via email generated by the efiling system
on the date and to the persons listed below. The rules governing
certificates of service have not changed. Filers must still provide a
certificate of service that complies with all applicable rules.

Barbara Camarillo on behalf of Alison Colvin
Bar No. 24042130
barbara.camarillo@rcclaw.com
Envelope ID: 72800010
Status as of 2/15/2023 3:15 PM CST

Associated Case Party: Elizabeth Moreno

Name BarNumber Email TimestampSubmitted Status

Juan RZamora sa@zamora-lawfirm.com 2/15/2023 3:09:21 PM SENT

ANA SAENZ ANAS.LOSG@GMAIL.COM 2/15/2023 3:09:21 PM SENT

STEPHEN GIBSON steve@gibson.law 2/15/2023 3:09:21 PM SENT

Associated Case Party: James Ryan

Name BarNumber Email TimestampSubmitted Status

Flora Galvan flora.galvan@rcclaw.com 2/15/2023 3:09:21 PM SENT

Carla SaenzMartinez cm.saenzmartinez@rcclaw.com 2/15/2023 3:09:21 PM SENT

Sugey Muniz sugey.muniz@rcclaw.com 2/15/2023 3:09:21 PM SENT

Barbara Camarillo barbara.camarillo@rcclaw.com 2/15/2023 3:09:21 PM SENT

Alison WColvin aw.colvin@rcclaw.com 2/15/2023 3:09:21 PM SENT

Case Info

Case No.

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Document Filed Date

February 15, 2023

Case Filing Date

January 29, 2018

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Motion,Ex Parte: Elizabeth Moreno VS. James Ryan

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