Preview
FILED
7/25/2023 4:32 PM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Debra Clark DEPUTY
CAUSE NO. DC-21-03224
SHANTE WATSON, § IN THE DISTRICT COURT
Plaintiff §
§
§
v. § 134TH JUDICIAL DISTRICT
§
JOSHUA BROWN and TOWN EAST §
HEATING & AIR CONDITIONING CO., §
LLC. §
Defendants § DALLAS COUNTY, TEXAS
DEFENDANT TOWN EAST HEATING & AIR CONDITIONING MOTION IN LIMINE
TO THE HONORABLE COURT:
COMES NOW TOWN EAST HEATING & AIR CONDITIONING C0,, LLC, and files
this Motion in Limine in the above-styled and numbered cause. Defendant moves the Court to rule
on the following numbered matters, which will order Plaintiff, counsel, and any Witnesses called
by Plaintiff or from Whom testimony is being elicited, to refrain from any mention or interrogation,
directly or indirectly, in any manner, including the offering of documentary evidence contrary to
the intent of this Court’s rulings. If Plaintiff’s attorneys wish to propose a theory of admissibility
concerning these matters, Defendant requests the Court order that opposing counsel first request a
ruling from the Court outside the presence and hearing of all prospective jurors and those jurors
ultimately selected.
DEFENDANT TOWN EAST HEATING & AIR CONDITIONING’S MOTION IN LIMINE l
SPECIFIC MATTERS
1. Insurance Coverage
The fact that this Defendant is covered by some form of liability insurance with respect to
the incident in question, for the reason that such fact is entirely immaterial to any issue in this
cause, and any mention or inference thereof, directly or indirectly, would be extremely harmful
and prejudicial to this Defendant. Page v. Thomas, 123 Tex. 368, 71 S.W.2d 234 (1934); Texas
C0. v. Betterton, 126 TeX. 359, 88 S.W.2d 1039 (1936); Rule 411, Tex. R. Civ. EVid. (2015)
AGREED GRANTED DENIED
AS MODIFIED
2. Connection to Insurance Industry
From inquiring of any member of the venire as to any connection with the insurance
industry, and in this connection would point out to the Court that if Plaintiff‘s counsel is sincerely
interested in determining whether or not there is any such connection for purposes of exercising
jury strikes, he can do so by asking each individual juror their occupation, past occupations and
that of those in their household, which will provide relevant information and at the same time,
avoid banning this Defendant by interjecting insurance into the case. Brockett v. Tice, 445 S.W.2d
20 (Tex. Civ. AppiHouston [1st Dist.] 1969, writ refd n.r.e.); A. J. Miller Tracking Co. v. Wood,
474 S.W.2d 763 (Tex. Civ. App—Tyler 1971, writ ref‘d n.r.e.); Green v. Ligon, 190 S.W.2d 742
(Tex. Civ. App—Fort Worth 1945, writ refd n.r.e.).
AGREED GRANTED DENIED
AS MODIFIED
3. Prior Claims or Lawsuits Against Defendants’ Exnerts or Witnesses
Any reference to prior lawsuits or claims filed against any expert witness or other witness
called by Defendant to testify at the trial of this case. TEX. R. CIV. EVID. 401-403 (2015); Irwin v.
Parc-Oil Well Servicing Co., 349 S.W.2d 277, 278 (Tex. Civ. App.~Texarkana 1961, writ refd
n.r.e.). See also French v. Brodsky, 521 S.W.2d 670 (Tex. Civ. App—Houston [1st Dist.] 1975,
writ refd n.r.e.), rev’d on other grounds, 551 S.W.2d 33 (Tex. 1977).
AGREED GRANTED DENIED
AS MODIFIED
DEFENDANT TOWN EAST HEATING & AIR CONDITIONING’S MOTION IN LIMINE 2
4. Prior Claims or Lawsuits Against Defendants
From making any reference whatsoever to whether the Defendant has been a defendant in
lawsuits or been involved in claims in the past, that any such incidents have settled or been tried,
or been the subject of any type of reprimand or corrective action, or that any other incidents, near
incidents or other events have occurred at the same or similar location, whether before or after the
filing of this lawsuit. Missouri Pac. R. C0. v. Cooper, 563 S.W.2d 233 (Tex. 1978); Dallas Ry. &
Terminal Co. v. Famsworth, 227 S.W.2d 1017, 148 Tex. 584 (1950); Nevauex v. Park Place
Hosp, Inc., 656 S.W.2d 923, 926 (Tex. App—Beaumont 1983, writ refd n.r.e.).
AGREED GRANTED DENIED
AS MODIFIED
5. Arguing “Regardless of Who Pays”
From interrogating any member of the venire as to whether they would answer an issue on
damages in accordance with the evidence, regardless of who pays the damages or when they will
be paid, or whether they will ever be paid, or any similar version of such inquiry, for the reason
that the same improperly injects the implication of insurance and wealth into the suit, and this
Defendant further moves the Court instruct all other counsel not to make any such reference in
jury argument of similar import. Griflitlz v. Castell, 313 S.W.2d 149 (Tex. Civ. App—Houston
1958, writ refd n.r.e.); Harley v. McMillan, 268 S.W.2d 229 (Tex. Civ. App—Galveston 1954,
writ ref‘d n.r.e.); Ulmer v. Mackey, 242 S.W.2d 679 (Tex. Civ. App—Fort Worth 1951, writ ref‘d
n.r.e.). This would include any statement or inference that Defendants would not be financially
responsible for any judgment entered.
AGREED GRANTED DENIED
AS MODIFIED
6. Financial, Accounting or Income Information from Experts
Any questions or references to the financial, accounting or income information, sources
and records, of any expert witness called to testify on behalf of Defendant at the trial of this case,
thfl any income received for expert consultation services in m or other litigation or claims.
TEX. R. CIV. EVID. 401-403 (2015); TEX. R. CIV. P. 195 (1999); Russell v. Young, 452 S.W.2d 434
(Tex. 1970).
AGREED GRANTED DENIED
AS MODIFIED
DEFENDANT TOWN EAST HEATING & AIR CONDITIONING’S MOTION IN LIMlNE 3
7. That any counsel, during voir dire or opening statement, make reference to
evidence that will be inadmissible.
AGREED GRANTED DENIED
AS MODIFIED
8. That any counsel during opening argument to the jury, do not mention or make any
reference to documents or any other tangible evidence that has not been either agreed between
counsel or approved by the Court that it can be shown.
AGREED GRANTED DENIED
AS MODIFIED
9. Not to tender, refer to, read from, offer, or exhibit any ex parte statements or reports
from any witness who is not then and there present in Court to testify or whose statement or report has
not been approved by the Court for reference or admission in evidence, including any statements and
reports by experts and healthcare providers. Such statements constitute hearsay and an attempt to avoid
disclosure and designation requirements. TEX. R. CIV. P. 194; TEX. R. EVID. 801, 802 and 805.
AGREED GRANTED DENIED
AS MODIFIED
10. Any negotiations, offers or demands with respect to any attempted settlement or
mediation.
AGREED GRANTED DENIED
AS MODIFIED
11. That no reference be made that this Motion has been presented to the Court for
ruling. Defendant moves that Plaintiffs counsel be instructed not to suggest to the jury, by
argument or otherwise, that Defendant has sought to exclude from proof any matter bearing on the
issues in this case or the rights of the parties to this suit.
AGREED GRANTED DENIED
AS MODIFIED
DEFENDANT TOWN EAST HEATING & AIR CONDITIONING’S MOTION IN LIMINE 4
12. Any reference, suggestion, statement that Plaintiff will personally incur the billing
or be liable to pay all or any of the medical billing or healthcare billing allegedly incurred by
Plaintiff, unless Plaintiff has disclosed in discovery proof that Plaintiff was uninsured for such
healthcare and billing, and/or there is no arrangement between the applicable healthcare
provider/biller and Plaintiff or counsel regarding the potential negotiation, payment from recovery
through settlement or judgment or reduction of the billing, including an LOP.
AGREED GRANTED DENIED
AS MODIFIED
13. Any statement or opinion by a law witness to the jury that Plaintiff’s injuries or
damages occurred from the incident made the basis for this lawsuit, without introducing expert
testimony establishing same. E.I. du Pant de Nemours and C0. v. Robinson, 923 S.W. 2d 549 (Tex.
1995). Allowing such statement or opinion would amount to a lay witness testifying as an expert
medical witness without satisfying the criteria established in Robinson for expert and/or scientific
evidence. This includes any reference in reports of experts through those experts or others referring to
them. TEX. R. CIV. P. 194; TEX. R. EVID. 801, 802 and 805. This does not seek to prohibit counsel for
either party arguing what they believe the evidence will or has been proven to the jury.
AGREED GRANTED DENIED
AS MODIFIED
14. Showing any document to the jury that has mention or can be interpreted by the
jury that Defendant has insurance coverage for the vehicles involved or this accident. This may
require, if the document would otherwise be admissible per the rules of evidence, that Plaintiff
redact such information that would Violate the purpose of this limine.
AGREED GRANTED DENIED
AS MODIFIED
15. Plaintiffs counsel referencing in argument or questioning Defendant’s
representative on whether Defendant complied with a particular government or industry standard,
Without first proving to the Court that such government or industry standard was applicable to the
vehicle driven and relevant to this accident, and that the accident was proximately caused by such
failure to comply, as it is misleading and confusing to the jury. TEX. R. CIV. EVID. 401-403 (2015).
AGREED GRANTED DENIED
AS MODIFIED
DEFENDANT TOWN EAST HEATING & AIR CONDITIONING’S MOTION IN LIMINE 5
16. Plaintiff’s counsel referencing in argument or questioning Defendant’s
representative on whether Defendant ran a criminal background check on its driver or drivers in
general, or words to that effect, Without first proving to the Court that such investigation was
required of Defendant, and further that the compliance produced, or failure to comply failed to
produce, evidence that not only would be admissible per TEX. R. CIV. EVID. 609, but that it is
relevant and causative of the accident. See Endeavor Energy Resources, L.P. v. Cuevas, 593
S.W.3d 307, 311 (Tex. 2019) (negligent hiring or entrustment must also be causative of accident
and injuries); IHS Cedars Treatment Center ofDeSoto, Texas, Inc. v. Mason, 143 S.W.3d 794, 799
(Tex. 2004) (negligence must be substantial factor in bringing about the plaintiff’s harm).
AGREED GRANTED DENIED
AS MODIFIED
17. Plaintiff s counsel referencing in argument or questioning Defendant’s
representative on whether Defendant ran a driving record check on its driver or drivers in general,
or words to that effect, without first proving to the Court that such investigation was required of
Defendant, and further that the compliance produced, or failure to comply failed to produce,
evidence that not only would be admissible, but that it is relevant and causative of the accident.
For instance, having driven before with no proof of liability insurance, would be irrelevant and
misleading to the jury that such could be negligence that proximately caused the accident. See
Endeavor Energy Resources, LP. v. Cuevas, 593 S.W.3d 307, 311 (Tex. 2019) (negligent hiring
or entrustment must also be causative of accident and injuries); IHS Cedars Treatment Center 0f
DeSoto, Texas, Inc. v. Mason, 143 S.W.3d 794, 799 (Tex. 2004) (negligence must be substantial
factor in bringing about the plaintiff’ s harm).
AGREED GRANTED DENIED
AS MODIFIED
18. Plaintiff s counsel referencing in argument or questioning Defendant’s
representative on whether the driver of its vehicle was properly trained or improperly given driving
privileges or words to that effect, without first proving to the Court that such training or the
improper giving of driving privileges proximately caused the accident. Merely permitting one to
drive a vehicle without more is not negligence that causes an accident, but is no more than a cause-
in-fact of permitting one to drive. See Endeavor Energy Resources, LP. v. Cuevas, 593 S.W.3d
307, 311 (Tex. 2019) (negligent hiring or entrustment must also be causative of accident and
injuries); IHS Cedars Treatment Center of DeSoto, Texas, Inc. v. Mason, 143 S.W.3d 794, 799
(Tex. 2004) (negligence must be substantial factor in bringing about the plaintiff’s harm).
AGREED GRANTED DENIED
AS MODIFIED
DEFENDANT TOWN EAST HEATING & AIR CONDITIONING’S MOTION IN LIMINE 6
19. The timing or circumstances of when counsel for Defendant retained the expert
who replaces Dr. Vaughan, as the same is neither relevant nor material, and is meant only to
mislead the jury on pretrial matters outside the control of Defendant. TEX. R. CIV. EVID. 401-403
(2015).
AGREED GRANTED DENIED
AS MODIFIED
20. Whether Defendant Brown or any other drivers in Defendant’s employ had
accidents before or after this accident, as it is neither relevant nor material, and it is meant to
confuse or mislead the jury into the conclusion that Defendant must have been negligent then and
now. TEX. R. CIV. EVID. 401 -403 (2015). Further, such evidence is not evidence of negligence that
proximately caused this accident or Plaintiff s injuries.
AGREED GRANTED DENIED
AS MODIFIED
Respectfully submitted,
/s/ David M Kennedy
David M. Kennedy
State Bar No. 11284400
E: david@saunderswalsh.com
SAUNDERS, WALSH & BEARD
Craig Ranch Professional Plaza
6850 TPC Drive, Ste 210
McKinney, Texas 75070
P: 214/919-3555
F: 214/945-4060
ATTORNEYS FOR DEFENDANT
TOWN EAST HEATING & AIR
CONDITIONING CO., LLC
CERTIFICATE OF SERVICE
This is to certify that a true and correct copy of the foregoing document was served upon
all counsel of record on this 25th day of July 2023, via e-file/e-serve pursuant to Texas Rules of
Civil Procedure 21 and 21a.
/s/ David M. Kennedy
David M. Kennedy
DEFENDANT TOWN EAST HEATING & AIR CONDITIONING’S MOTION IN LIMINE 7
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.
David Kennedy on behalf of David Kennedy
Bar No. 11284400
david@saunderswalsh.com
Envelope ID: 77875980
Filing Code Description: Motion - In Limine
Filing Description: DEFS
Status as of 7/26/2023 2:31 PM CST
Associated Case Party: JOSHUA BROWN
Name BarNumber Email TimestampSubmitted Status
Grant Liser gliser@namanhowell.com 7/25/2023 4:32:31 PM SENT
Sandra Liser sliser@namanhowell.com 7/25/2023 4:32:31 PM SENT
Associated Case Party: TOWN EAST HEATING & AIR CONDITION CO, LLC
Name BarNumber Email TimestampSubmitted Status
David Kennedy david@saunderswalsh.com 7/25/2023 4:32:31 PM SENT
Liz Jobes liz@saunderswalsh.com 7/25/2023 4:32:31 PM SENT
Case Contacts
Name BarNumber Email TimestampSubmitted Status
Adewale WaleOdetunde Adewale.Odetunde@witheritelaw.com 7/25/2023 4:32:31 PM SENT
Shelly Tomlin Greco 24008168 shelly@greco.net 7/25/2023 4:32:31 PM SENT
Francine Ly fly@dallascourts.org 7/25/2023 4:32:31 PM SENT
Preview
FILED 7/25/2023 4:32 PM FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS Debra Clark DEPUTY CAUSE NO. DC-21-03224 SHANTE WATSON, § IN THE DISTRICT COURT Plaintiff § § § v. § 134TH JUDICIAL DISTRICT § JOSHUA BROWN and TOWN EAST § HEATING & AIR CONDITIONING CO., § LLC. § Defendants § DALLAS COUNTY, TEXAS DEFENDANT TOWN EAST HEATING & AIR CONDITIONING MOTION IN LIMINE TO THE HONORABLE COURT: COMES NOW TOWN EAST HEATING & AIR CONDITIONING C0,, LLC, and files this Motion in Limine in the above-styled and numbered cause. Defendant moves the Court to rule on the following numbered matters, which will order Plaintiff, counsel, and any Witnesses called by Plaintiff or from Whom testimony is being elicited, to refrain from any mention or interrogation, directly or indirectly, in any manner, including the offering of documentary evidence contrary to the intent of this Court’s rulings. If Plaintiff’s attorneys wish to propose a theory of admissibility concerning these matters, Defendant requests the Court order that opposing counsel first request a ruling from the Court outside the presence and hearing of all prospective jurors and those jurors ultimately selected. DEFENDANT TOWN EAST HEATING & AIR CONDITIONING’S MOTION IN LIMINE l SPECIFIC MATTERS 1. Insurance Coverage The fact that this Defendant is covered by some form of liability insurance with respect to the incident in question, for the reason that such fact is entirely immaterial to any issue in this cause, and any mention or inference thereof, directly or indirectly, would be extremely harmful and prejudicial to this Defendant. Page v. Thomas, 123 Tex. 368, 71 S.W.2d 234 (1934); Texas C0. v. Betterton, 126 TeX. 359, 88 S.W.2d 1039 (1936); Rule 411, Tex. R. Civ. EVid. (2015) AGREED GRANTED DENIED AS MODIFIED 2. Connection to Insurance Industry From inquiring of any member of the venire as to any connection with the insurance industry, and in this connection would point out to the Court that if Plaintiff‘s counsel is sincerely interested in determining whether or not there is any such connection for purposes of exercising jury strikes, he can do so by asking each individual juror their occupation, past occupations and that of those in their household, which will provide relevant information and at the same time, avoid banning this Defendant by interjecting insurance into the case. Brockett v. Tice, 445 S.W.2d 20 (Tex. Civ. AppiHouston [1st Dist.] 1969, writ refd n.r.e.); A. J. Miller Tracking Co. v. Wood, 474 S.W.2d 763 (Tex. Civ. App—Tyler 1971, writ ref‘d n.r.e.); Green v. Ligon, 190 S.W.2d 742 (Tex. Civ. App—Fort Worth 1945, writ refd n.r.e.). AGREED GRANTED DENIED AS MODIFIED 3. Prior Claims or Lawsuits Against Defendants’ Exnerts or Witnesses Any reference to prior lawsuits or claims filed against any expert witness or other witness called by Defendant to testify at the trial of this case. TEX. R. CIV. EVID. 401-403 (2015); Irwin v. Parc-Oil Well Servicing Co., 349 S.W.2d 277, 278 (Tex. Civ. App.~Texarkana 1961, writ refd n.r.e.). See also French v. Brodsky, 521 S.W.2d 670 (Tex. Civ. App—Houston [1st Dist.] 1975, writ refd n.r.e.), rev’d on other grounds, 551 S.W.2d 33 (Tex. 1977). AGREED GRANTED DENIED AS MODIFIED DEFENDANT TOWN EAST HEATING & AIR CONDITIONING’S MOTION IN LIMINE 2 4. Prior Claims or Lawsuits Against Defendants From making any reference whatsoever to whether the Defendant has been a defendant in lawsuits or been involved in claims in the past, that any such incidents have settled or been tried, or been the subject of any type of reprimand or corrective action, or that any other incidents, near incidents or other events have occurred at the same or similar location, whether before or after the filing of this lawsuit. Missouri Pac. R. C0. v. Cooper, 563 S.W.2d 233 (Tex. 1978); Dallas Ry. & Terminal Co. v. Famsworth, 227 S.W.2d 1017, 148 Tex. 584 (1950); Nevauex v. Park Place Hosp, Inc., 656 S.W.2d 923, 926 (Tex. App—Beaumont 1983, writ refd n.r.e.). AGREED GRANTED DENIED AS MODIFIED 5. Arguing “Regardless of Who Pays” From interrogating any member of the venire as to whether they would answer an issue on damages in accordance with the evidence, regardless of who pays the damages or when they will be paid, or whether they will ever be paid, or any similar version of such inquiry, for the reason that the same improperly injects the implication of insurance and wealth into the suit, and this Defendant further moves the Court instruct all other counsel not to make any such reference in jury argument of similar import. Griflitlz v. Castell, 313 S.W.2d 149 (Tex. Civ. App—Houston 1958, writ refd n.r.e.); Harley v. McMillan, 268 S.W.2d 229 (Tex. Civ. App—Galveston 1954, writ ref‘d n.r.e.); Ulmer v. Mackey, 242 S.W.2d 679 (Tex. Civ. App—Fort Worth 1951, writ ref‘d n.r.e.). This would include any statement or inference that Defendants would not be financially responsible for any judgment entered. AGREED GRANTED DENIED AS MODIFIED 6. Financial, Accounting or Income Information from Experts Any questions or references to the financial, accounting or income information, sources and records, of any expert witness called to testify on behalf of Defendant at the trial of this case, thfl any income received for expert consultation services in m or other litigation or claims. TEX. R. CIV. EVID. 401-403 (2015); TEX. R. CIV. P. 195 (1999); Russell v. Young, 452 S.W.2d 434 (Tex. 1970). AGREED GRANTED DENIED AS MODIFIED DEFENDANT TOWN EAST HEATING & AIR CONDITIONING’S MOTION IN LIMlNE 3 7. That any counsel, during voir dire or opening statement, make reference to evidence that will be inadmissible. AGREED GRANTED DENIED AS MODIFIED 8. That any counsel during opening argument to the jury, do not mention or make any reference to documents or any other tangible evidence that has not been either agreed between counsel or approved by the Court that it can be shown. AGREED GRANTED DENIED AS MODIFIED 9. Not to tender, refer to, read from, offer, or exhibit any ex parte statements or reports from any witness who is not then and there present in Court to testify or whose statement or report has not been approved by the Court for reference or admission in evidence, including any statements and reports by experts and healthcare providers. Such statements constitute hearsay and an attempt to avoid disclosure and designation requirements. TEX. R. CIV. P. 194; TEX. R. EVID. 801, 802 and 805. AGREED GRANTED DENIED AS MODIFIED 10. Any negotiations, offers or demands with respect to any attempted settlement or mediation. AGREED GRANTED DENIED AS MODIFIED 11. That no reference be made that this Motion has been presented to the Court for ruling. Defendant moves that Plaintiffs counsel be instructed not to suggest to the jury, by argument or otherwise, that Defendant has sought to exclude from proof any matter bearing on the issues in this case or the rights of the parties to this suit. AGREED GRANTED DENIED AS MODIFIED DEFENDANT TOWN EAST HEATING & AIR CONDITIONING’S MOTION IN LIMINE 4 12. Any reference, suggestion, statement that Plaintiff will personally incur the billing or be liable to pay all or any of the medical billing or healthcare billing allegedly incurred by Plaintiff, unless Plaintiff has disclosed in discovery proof that Plaintiff was uninsured for such healthcare and billing, and/or there is no arrangement between the applicable healthcare provider/biller and Plaintiff or counsel regarding the potential negotiation, payment from recovery through settlement or judgment or reduction of the billing, including an LOP. AGREED GRANTED DENIED AS MODIFIED 13. Any statement or opinion by a law witness to the jury that Plaintiff’s injuries or damages occurred from the incident made the basis for this lawsuit, without introducing expert testimony establishing same. E.I. du Pant de Nemours and C0. v. Robinson, 923 S.W. 2d 549 (Tex. 1995). Allowing such statement or opinion would amount to a lay witness testifying as an expert medical witness without satisfying the criteria established in Robinson for expert and/or scientific evidence. This includes any reference in reports of experts through those experts or others referring to them. TEX. R. CIV. P. 194; TEX. R. EVID. 801, 802 and 805. This does not seek to prohibit counsel for either party arguing what they believe the evidence will or has been proven to the jury. AGREED GRANTED DENIED AS MODIFIED 14. Showing any document to the jury that has mention or can be interpreted by the jury that Defendant has insurance coverage for the vehicles involved or this accident. This may require, if the document would otherwise be admissible per the rules of evidence, that Plaintiff redact such information that would Violate the purpose of this limine. AGREED GRANTED DENIED AS MODIFIED 15. Plaintiffs counsel referencing in argument or questioning Defendant’s representative on whether Defendant complied with a particular government or industry standard, Without first proving to the Court that such government or industry standard was applicable to the vehicle driven and relevant to this accident, and that the accident was proximately caused by such failure to comply, as it is misleading and confusing to the jury. TEX. R. CIV. EVID. 401-403 (2015). AGREED GRANTED DENIED AS MODIFIED DEFENDANT TOWN EAST HEATING & AIR CONDITIONING’S MOTION IN LIMINE 5 16. Plaintiff’s counsel referencing in argument or questioning Defendant’s representative on whether Defendant ran a criminal background check on its driver or drivers in general, or words to that effect, Without first proving to the Court that such investigation was required of Defendant, and further that the compliance produced, or failure to comply failed to produce, evidence that not only would be admissible per TEX. R. CIV. EVID. 609, but that it is relevant and causative of the accident. See Endeavor Energy Resources, L.P. v. Cuevas, 593 S.W.3d 307, 311 (Tex. 2019) (negligent hiring or entrustment must also be causative of accident and injuries); IHS Cedars Treatment Center ofDeSoto, Texas, Inc. v. Mason, 143 S.W.3d 794, 799 (Tex. 2004) (negligence must be substantial factor in bringing about the plaintiff’s harm). AGREED GRANTED DENIED AS MODIFIED 17. Plaintiff s counsel referencing in argument or questioning Defendant’s representative on whether Defendant ran a driving record check on its driver or drivers in general, or words to that effect, without first proving to the Court that such investigation was required of Defendant, and further that the compliance produced, or failure to comply failed to produce, evidence that not only would be admissible, but that it is relevant and causative of the accident. For instance, having driven before with no proof of liability insurance, would be irrelevant and misleading to the jury that such could be negligence that proximately caused the accident. See Endeavor Energy Resources, LP. v. Cuevas, 593 S.W.3d 307, 311 (Tex. 2019) (negligent hiring or entrustment must also be causative of accident and injuries); IHS Cedars Treatment Center 0f DeSoto, Texas, Inc. v. Mason, 143 S.W.3d 794, 799 (Tex. 2004) (negligence must be substantial factor in bringing about the plaintiff’ s harm). AGREED GRANTED DENIED AS MODIFIED 18. Plaintiff s counsel referencing in argument or questioning Defendant’s representative on whether the driver of its vehicle was properly trained or improperly given driving privileges or words to that effect, without first proving to the Court that such training or the improper giving of driving privileges proximately caused the accident. Merely permitting one to drive a vehicle without more is not negligence that causes an accident, but is no more than a cause- in-fact of permitting one to drive. See Endeavor Energy Resources, LP. v. Cuevas, 593 S.W.3d 307, 311 (Tex. 2019) (negligent hiring or entrustment must also be causative of accident and injuries); IHS Cedars Treatment Center of DeSoto, Texas, Inc. v. Mason, 143 S.W.3d 794, 799 (Tex. 2004) (negligence must be substantial factor in bringing about the plaintiff’s harm). AGREED GRANTED DENIED AS MODIFIED DEFENDANT TOWN EAST HEATING & AIR CONDITIONING’S MOTION IN LIMINE 6 19. The timing or circumstances of when counsel for Defendant retained the expert who replaces Dr. Vaughan, as the same is neither relevant nor material, and is meant only to mislead the jury on pretrial matters outside the control of Defendant. TEX. R. CIV. EVID. 401-403 (2015). AGREED GRANTED DENIED AS MODIFIED 20. Whether Defendant Brown or any other drivers in Defendant’s employ had accidents before or after this accident, as it is neither relevant nor material, and it is meant to confuse or mislead the jury into the conclusion that Defendant must have been negligent then and now. TEX. R. CIV. EVID. 401 -403 (2015). Further, such evidence is not evidence of negligence that proximately caused this accident or Plaintiff s injuries. AGREED GRANTED DENIED AS MODIFIED Respectfully submitted, /s/ David M Kennedy David M. Kennedy State Bar No. 11284400 E: david@saunderswalsh.com SAUNDERS, WALSH & BEARD Craig Ranch Professional Plaza 6850 TPC Drive, Ste 210 McKinney, Texas 75070 P: 214/919-3555 F: 214/945-4060 ATTORNEYS FOR DEFENDANT TOWN EAST HEATING & AIR CONDITIONING CO., LLC CERTIFICATE OF SERVICE This is to certify that a true and correct copy of the foregoing document was served upon all counsel of record on this 25th day of July 2023, via e-file/e-serve pursuant to Texas Rules of Civil Procedure 21 and 21a. /s/ David M. Kennedy David M. Kennedy DEFENDANT TOWN EAST HEATING & AIR CONDITIONING’S MOTION IN LIMINE 7 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. David Kennedy on behalf of David Kennedy Bar No. 11284400 david@saunderswalsh.com Envelope ID: 77875980 Filing Code Description: Motion - In Limine Filing Description: DEFS Status as of 7/26/2023 2:31 PM CST Associated Case Party: JOSHUA BROWN Name BarNumber Email TimestampSubmitted Status Grant Liser gliser@namanhowell.com 7/25/2023 4:32:31 PM SENT Sandra Liser sliser@namanhowell.com 7/25/2023 4:32:31 PM SENT Associated Case Party: TOWN EAST HEATING & AIR CONDITION CO, LLC Name BarNumber Email TimestampSubmitted Status David Kennedy david@saunderswalsh.com 7/25/2023 4:32:31 PM SENT Liz Jobes liz@saunderswalsh.com 7/25/2023 4:32:31 PM SENT Case Contacts Name BarNumber Email TimestampSubmitted Status Adewale WaleOdetunde Adewale.Odetunde@witheritelaw.com 7/25/2023 4:32:31 PM SENT Shelly Tomlin Greco 24008168 shelly@greco.net 7/25/2023 4:32:31 PM SENT Francine Ly fly@dallascourts.org 7/25/2023 4:32:31 PM SENT