Preview
FILED
9/15/2022 8:19 PM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Jeremy Jones DEPUTY
CAUSE NO. DC-21-06282
JOSHUA GRAY § IN THE DISTRICT COURT OF
Plainttffi §
§
V. § DALLAS COUNTY, TEXAS
§
STEVENS TRANSPORT, INC., AND §
AUNDRAE GOODSON §
Defendants. § 14TH JUDICIAL DISTRICT
DEFENDANT STEVENS TRANSPORT, INC’S MOTIONS IN LIMINE
TO THE HONORABLE JUDGE OF SAID COURT:
COME NOW, Stevens Transport, Inc., Defendant who now moves the Court for an order
in limine, restricting Plaintiff, Plaintiff’s counsel, and witnesses called on behalf of the Plaintiff,
from introducing, mentioning, or in any way referring to certain matters more particularly
described in Exhibit “A” attached hereto.
I.
The matters described in Exhibit “A” are not admissible in evidence for any purpose and
have no bearing on the issues or the rights of the parties to this case. Even if it can be shown that
a matter described may be relevant to a fact of consequence in this case, any probative value is far
outweighed by the unfair prejudice, confilsion, and delay that would result from allowing its
admission into evidence.
II.
Permitting interrogation of witnesses, comments to jurors or prospective jurors, or offer of
evidence concerning any of these matters would unfairly prejudice the jury. Sustaining objections
to such questions, statements, or evidence will not prevent prejudice but will reinforce the
development of questionable and inadmissible evidence.
III.
DEFENDANT STEVENS TRANSPORT, INC’S MOTIONS IN LIMINE Page 1
2159558 / 202.142
Defendant further requests that if Plaintiff’ s counsel proposes a theory of admissibility
concerning any matter set out in Exhibit “A”, the Court order that Plaintiff’ s counsel first request
a ruling from the Court outside the presence and hearing of all prospective jurors and jurors
ultimately selected in this case.
PRAYER
WHEREFORE, Defendant Stevens Transport, Inc., requests that the Court order the
following:
(1) That each of the matters described in Exhibit “A” is not admissible evidence in this
case;
(2) That Plaintiff’s counsel refrain from offering any evidence relating to any matter
described in Exhibit “A” in the presence of the jury and refrain from making any
reference or comment regarding such matter, directly or indirectly, before the jury
panel on voir dire and before the trial jury through the examining or cross-
examining witnesses, offering documentary evidence, making closing argument, or
otherwise; and
(3) That Plaintiff’s counsel instructs any and all witnesses they intend to call to testify
at trial to refrain from any comment, mention, or reference to, directly or indirectly,
in any manner whatsoever, any of the matters set forth in this motion, and to inform
such witnesses of the consequences of violating the Court’s order, including the
consequence of punishment for contempt.
[Signature block on next page]
DEFENDANT STEVENS TRANSPORT, INC’S MOTIONS IN LIMINE Page 2
2159558 / 202.142
Respectfully submitted,
SARGENT LAW, P.C.
By: /s/ David L. Sargent
DAVID L. SARGENT
State Bar N0. 17648700
daVid.sargent@sargentlawtx.com
MITCHELL R. POURAHMADI
State Bar No. 24096578
mitch.pourahmadi@sargentlawtxeom
1717 Main Street, Suite 4750
Dallas, Texas 75201-7346
(214) 749-6516 (direct — David Sargent)
(214) 749-6316 (fax — David Sargent)
ATTORNEYS FOR DEFENDANT
STEVENS TRANSPORT, INC
CERTIFICATE OF SERVICE
The undersigned certifies that on the 15th day of September 2022, a true and correct copy
of the foregoing document was forwarded Via E-File to all counsel of record:
Kurt B. Arnold
J. Kyle Findley
Adam D. Lewis
ARNOLD & ITKIN, LLP
6009 Memorial Drive
Houston, Texas 77007
e-service@arnolditkin.com
Attorneys for Plaintifl
/s/ David L. Sargent
DAVID L. SARGENT
DEFENDANT STEVENS TRANSPORT, INC’S MOTIONS IN LIMINE Page 3
2159558 / 202.142
EXHIBIT “A”
1. Limitation to Complained of Conduct
Any question, comment or reference to any theories of negligence other than those specifically set
forth in Plaintiff s live pleadings.
Stipulated
Sustained
Denied
Modified
2. Authoritative Material
Referring to or seeking to introduce in any form or portion of any text, treatise, journal article or
other purposed authoritative treatise or writing through Plaintiff’s experts (if any) that have not
been disclosed to Defendant’s counsel prior to trial.
Stipulated
Sustained
Denied
Modified
3. Testimony of Undisclosed Witnesses
The testimony of any expert witness or other person purporting to have knowledge of any matter
involved in this case and whose identity was not timely disclosed during the discovery phase of
this litigation.
Stipulated
Sustained
Denied
Modified
DEFENDANT STEVENS TRANSPORT, INC’S MOTIONS IN LIMINE Page 4
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4. Liability Insurance
Whether Defendants are protected by liability insurance or self-insured coverage is not admissible
on the issue of the alleged breach of duty involved in this litigation. There is no other issue in the
case to which the matter of liability insurance could possibly be relevant.
Stipulated
Sustained
Denied
Modified
5. Connection with Insurance Industry
From inquiring from any member of the venire as to any connection with the insurance industry.
If Plaintiff‘s counsel is sincerely interested in determining whether or not there is any such
connection for purposes of exercising jury strikes, then they may do so by asking each individual
juror his/her occupation, past occupation(s), and that of those in his/her household, which will
provide relevant information and, at the same time, avoid harming Defendants by interjecting
insurance into the case. Counsel may inquire once during voir dire whether anyone has experience
with adjusting claims.
Stipulated
Sustained
Denied
Modified
6. Answer Damage Issue “Regardless Who Pays”
From inquiring from any member of the venire as to whether he/she would answer an issue on
damages in accordance with the evidence, regardless of who pays the damages, when payment
will be paid, whether payment will ever be made, or any similar version of such inquiry, for the
reason that the same improperly injects the implication of insurance and wealth into this case.
Defendants further move the Court to instruct Plaintiff‘s counsel to not make any such reference
in jury argument of similar import.
Stipulated
Sustained
Denied
Modified
DEFENDANT STEVENS TRANSPORT, INC’S MOTIONS IN LIMINE Page 5
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7. Insurance Layers
Any reference to the circumstances surrounding the employment of counsel for Defendants, any
reference to any one of counsel for Defendants as an insurance lawyer, or any other reference or
term or phrase which would suggest that counsel for Defendants or the law firm of Sargent Law,
P.C. regularly engages in such work or as counsel for Defendants.
Stipulated
Sustained
Denied
Modified
8. Financial Status
Any evidence of or reference to the financial status of Defendants, including but not limited to
either Defendants’ gross and net income, profit, and net worth, because such evidence is not
admissible in this litigation and Plaintiff has not made the requisite showing under Texas Civil
Practice & Remedies, Section 41.0115.
Stipulated
Sustained
Denied
Modified
9. Full Amount of Damages Awarded
Any reference to the fact that Plaintiff may not receive the full amount of damages awarded
because of attorney’s fees, expenses, taxes, etc. Such information is irrelevant and not necessary
to determine the existence or extent of liability, injury or damage in this case.
Stipulated
Sustained
Denied
Modified
DEFENDANT STEVENS TRANSPORT, INC’S MOTIONS IN LIMINE Page 6
2159558 / 202.142
10. Unrelated Suits or Settlements
Any evidence or suggestion that Defendants have been involved in any other 1awsuit(s) or have
made or settled any other claim(s), as these matters are not relevant to any issue on trial and are,
thus, not admissible in evidence.
Stipulated
Sustained
Denied
Modified
1 1. Criminal Conviction
Any evidence or suggestion that Defendants were convicted of any crime, because such evidence
is not relevant to any issue to be tried in this case and should be excluded. The unfair prejudice to
Defendants occasioned by any evidence of or other reference to the conviction so greatly
outweighs any probative value the evidence could possibly have as to warrant its exclusion from
the trial of this case.
Stipulated
Sustained
Denied
Modified
12. Other Accidents
Any evidence or suggestion that Defendants, or any employee or former employee of Defendants,
may have, at any time other than the occasion made the basis of this suit, been involved in a motor
vehicle accident, because that conduct is not relevant to any issue to be tried in this case.
Stipulated
Sustained
Denied
Modified
DEFENDANT STEVENS TRANSPORT, INC’S MOTIONS IN LIMINE Page 7
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13. Hearsay Statements
Defendants request the Court to order that Plaintiff’s counsel further be instructed to not tender,
read from, or refer to any ex parte statement or report not previously admitted into evidence by the
Court of any person not then and there present in court to testify and to be cross-examined by
counsel for Defendants, and that Plaintiff’s counsel be instructed to not suggest to the jury, by
argument or otherwise, as to what would have been the testimony of any witness not actually
called.
Stipulated
Sustained
Denied
Modified
14. Claim of Privilege
Any evidence or suggestion that any Defendant refused to disclose information based on the
attomey—client privilege, the work-product privilege and/or the witness-statement privilege, and
objected and/or sought a protective order in connection with the attempted discovery of such
information because such evidence is not admissible before the jury. The refusal to disclose was
based on a legitimate claim that the matter sought was privileged information. To prevent
inadmissible information from prejudicing the jury, the matter to be excluded by this request
includes any reference to the Court’s ruling on the claims of privilege and the imposition of any
sanctions for refusing discovery.
Stipulated
Sustained
Denied
Modified
DEFENDANT STEVENS TRANSPORT, INC’S MOTIONS IN LIMINE Page 8
2159558 / 202.142
15. Compromise and Offer to Compromise
Any evidence or suggestion that Defendants, Defendants’ counsel, or any other person acting on
behalf of the Defendants have made, considered, or promised to accept, or will make, consider, or
accept any offer to compromise or settle the claim involved in this action, because such evidence
is not admissible to prove liability for the claim or its amount. The matters to be excluded by this
paragraph include the fact that settlement discussions have or have not taken place as well as
statements or conduct of any party in connection with settlement discussions.
Stipulated
Sustained
Denied
Modified
1 6. Plaintiff s Medical Expenses
Any evidence or documentation of Plaintiff“ s medical expenses that have not been timely filed and
supplied in response to written discovery requests, or have not been Ordered stricken by the Court.
Stipulated
Sustained
Denied
Modified
17. Demand Items from Attomev’s Files
That Plaintiff’s counsel be instructed to not make demands or requests before the jury for matters
found or contained in the files of counsel for Defendants, which would include statements,
pleadings or photographs and other documents or tangible things. Such matters are privileged or
potentially privileged from disclosure to Plaintiffs and their respective counsel.
Stipulated
Sustained
Denied
Modified
DEFENDANT STEVENS TRANSPORT, INC’S MOTIONS IN LIMINE Page 9
2159558 / 202.142
18. Request for Stipulation in Jurv’s Presence
Requesting Defendants’ counsel to stipulate to either the admissibility of any evidence or to any
facts or matters in front of the jury.
Stipulated
Sustained
Denied
Modified
19. Unqualified Expert Testimony Regarding Causation
Any evidence or suggestion that any injury allegedly sustained by the Plaintiff was caused by the
accident in question by any purported “expert” Witness found not qualified by this Court to offer
competent testimony regarding the causation of Plaintiffs alleged injuries (including but not
limited to the testimony, reports, and opinions of Joshua Gray). Such evidence, Without proper
qualification, is not admissible and would only serve to confuse the issues. In addition, the
probative value of such testimony is far outweighed by the danger of unfair prejudice.
Stipulated
Sustained
Denied
Modified
DEFENDANT STEVENS TRANSPORT, INC’S MOTIONS IN LIMINE Page 10
2159558 / 202.142
20. Lav Testimonv Regarding Causation
Any evidence or suggestion that any injury allegedly sustained by the Plaintiff was caused by the
accident in question by any witness, other than the Plaintiff, not qualified as an expert witness by
this Court. Such evidence, Without proper qualification, is not admissible and would only serve to
confuse the issues. In addition, the probative value of such testimony is far outweighed by the
danger of unfair prejudice.
Stipulated
Sustained
Denied
Modified
21. Medical Opinions bv Non-Designated Testifving Experts
Defendants request that Plaintiff be prohibited from offering into evidence, discussing,
mentioning, or otherwise bringing before a jury, either during voir dire or at trial, any medical
opinions offered by any medical experts not designated as testifying medical experts.
Stipulated
Sustained
Denied
Modified
DEFENDANT STEVENS TRANSPORT, INC’S MOTIONS IN LIMINE Page 11
2159558 / 202.142
22. Introduction of Documents Not Produced in Discovcrv
Any attempt to introduce, allude to, discuss, argue, or otherwise reference any document that was
not produced in discovery and that was responsive to any request by the Defendants.
Stipulated
Sustained
Denied
Modified
23. Safety and Compliance Record of Defendants
Any evidence, testimony or reference to the safety record, company filings, administrative
compliance, or history of Defendants or any of its predecessors, affiliates, subsidiaries, or parent
companies, if any, and generally any comment or evidence that attempts to show or purports to
show that Defendants have an alleged negative safety history, negative administrative compliance
history, or record. Such evidence is not relevant to the issues presented in this litigation and would
be an attempt by opposing counsel to use specific instances of conduct to show conformity
therewith. Further, such evidence’s miniscule probative value would be substantially outweighed
by the danger of unfair prejudice to the Defendants.
Stipulated
Sustained
Denied
Modified
24. Standard of Care
Any argument, evidence or testimony that any activity of the Defendants was inherently dangerous
and that Defendants should be held to some standard other than “reasonable care” because of this
characterization. Such testimony or argument is not relevant and would impermissibly interfere
with the province of the Court to instruct the trier of fact as to the law.
Stipulated
Sustained
Denied
Modified
DEFENDANT STEVENS TRANSPORT, INC’S MOTIONS IN LIMINE Page 12
2159558 / 202.142
25. Damages not Specified in DiscoverV
Defendants request that Plaintiff be prohibited from offering into evidence, discussing,
mentioning, or otherwise bringing before a jury, either during voir dire or at trial, information
regarding any element of damages or amount of claimed damages if said elements and/or the
amount of those damages were not disclosed in response to Defendants’ Request for Disclosure or
in Plaintiff’ s most recent petition in accordance with Texas Rules of Civil Procedure 47 and 301.
Stipulated
Sustained
Denied
Modified
26. Discoveg Disputes
Defendants request that Plaintiff be prohibited from offering into evidence, discussing,
mentioning, or otherwise bringing before a jury, either during voir dire or at trial, any evidence or
testimony regarding written discovery or disputes related to written discovery prior to trial.
Stipulated
Sustained
Denied
Modified
27. Motion in Limine
Any evidence or suggestion that Defendants filed this Motion in Limine or that the Court ruled in
response thereto, because these matters are not of any concern to the jury in this litigation. Any
such reference is inherently prejudicial in that it could suggest or infer that Defendants have acted
improperly by seeking to prohibit proof. Moreover, referring to the Court’s exclusion of a certain
matter may be an indirect reference to the matter itself, violative of the Court’s order.
Stipulated
Sustained
Denied
Modified
DEFENDANT STEVENS TRANSPORT, INC’S MOTIONS IN LIMINE Page 13
2159558 / 202.142
28. Insurance Files or Record of Defendants
Any evidence, testimony or reference to the insurance file, administrative compliance, or
insurability history of Defendant Stevens Transport, Inc., or any of its predecessors, affiliates,
subsidiaries, or parent companies, if any, and generally any comment or evidence that attempts to
show or purports to show that Defendants have an alleged negative safety history, insurance
purchase history, or record. Any reference or inquiry directly or indirectly as to Stevens Transport,
Inc., information or data regarding their insurance file constitutes hearsay, has not been
authenticated, is unreliable and incomplete in its reporting, and constitutes impermissible expert
opinion. Any such inquiry would be improper and highly prejudicial, harmful and inflammatory,
as well as irrelevant and immaterial. TEX. R. EVID. 401—403, 701—702, 801—803, 901—902.
Stipulated
Sustained
Denied
Modified
29. Safetv Operation/Driving History
Any reference or inquiry directly or indirectly as to whether or not Aundrae Goodson and/or
Stevens Transport, Inc., its agents or employees have had any previous or subsequent automobile
accident, traffic violations, or license suspension of any kind, because such inquiry would be
improper and highly prejudicial, harmful and inflammatory, as well as irrelevant and immaterial.
TEX. R. EVID. 401-404, 701-703, 801-803.
Stipulated
Sustained
Denied
Modified
DEFENDANT STEVENS TRANSPORT, INC’S MOTIONS IN LIMINE Page 14
2159558 / 202.142
30. Violations of Federal Motor Carrier SafetV Regulations
Any reference or inquiry directly or indirectly as to Violations of the Federal Motor Carrier Safety
Regulation by Defendants, as this material has not been authenticated, constitutes hearsay, would
be improper, highly prejudicial and inflammatory, as well as irrelevant and immaterial. Further,
any such testimony would include expert opinion for which there is no evidence of the qualification
of the author, no evidence of a proper investigation or proper methodology used to develop the
expert opinions, and no evidence of a valid underlying factual basis for the expert opinions. TEX.
R. EVID. 401-403, 701-702, 801-803, 901-902.
Stipulated
Sustained
Denied
Modified
31. Plaintiff’ s Written Documentation of Damages
Any evidence or documentation of Plaintiff” s amount of damages which have not been timely filed
pursuant to the Texas Civil Practice & Remedies Code and supplied in response to written
discovery requests or evidence or documentation not properly proven up via affidavits or live
testimony.
Stipulated
Sustained
Denied
Modified
DEFENDANT STEVENS TRANSPORT, INC’S MOTIONS IN LIMINE Page 15
2159558 / 202.142
32. Photographs and Visual Aides
Showing any documents, photographs or Visual aids to the jury, or displaying same in such a
manner that the jury or any member thereof can see the same unless and until same has been
tendered to opposing counsel and has been admitted in evidence or approved for admission or use
before the jury, either by the Court or by all counsel.
Stipulated
Sustained
Denied
Modified
33 . Discrimination
Any argument or inference that a party or Witness should be treated more or less favorably, or that
the credibility of any witness should be weighed differently, because of such party’s or witness’
race, gender, national origin, nationality, religion (or non-religion), marital status, sexual
orientation, occupation, or financial status. This includes statements such as party or witness is
“God fearing,” “church going, wealthy,” or a “regular tithing individual.”
Stipulated
Sustained
Denied
Modified
34. Hardship or Deprivation
Any argument or suggestion that a failure to award damages will cause Plaintiff deprivation or
financial hardship. This must corollate to damages being sought.
Stipulated
Sustained
Denied
Modified
DEFENDANT STEVENS TRANSPORT, INC’S MOTIONS IN LIMINE Page 16
2159558 / 202.142
35. Place Yourself in the Shoes of the Plaintiff
Any argument or suggestion that the jurors should put themselves in the position of the Plaintiff.
Stipulated
Sustained
Denied
Modified
36. Testimony Relative Credibility of Witnesses
Any evidence or suggestion by Plaintiff, Plaintiff’s counsel, or Plaintiff’s experts (if any) that
attempt to instruct the jury as to which Witness is more credible than the other as such is an attempt
to encroach on the jury’s powers as an assignment of credibility is to be made by the jury, not an
expert or other Witnesses.
Stipulated
Sustained
Denied
Modified
37. Testimony of Absent Witness
Any reference, mention or statement to the jury of the probable testimony of a Witness who is
absent, unavailable or not called to testify in this cause. Texas Power & Light C0. v. Walker, 559
S.W.2d 403, 406 (Tex. Civ. App.—Texarkana 1977, no writ); Sanders v. St. Paul Fire & Marine
Ins. C0., 429 S.W.2d 516, 521 (Tex. Civ. App.—Texarkana 1968, writ ref‘d n.r.e.).
Stipulated
Sustained
Denied
Modified
DEFENDANT STEVENS TRANSPORT, INC’S MOTIONS IN LIMINE Page 17
2159558 / 202.142
38. Full Value of Medical Expenses
Defendants request that Plaintiff be prohibited from offering into evidence, discussing,
mentioning, or otherwise bringing before a jury, either during voir dire or at trial, evidence of the
“full value” of Plaintiff’ s medical expenses. The “full value” of Plaintiff s medical expenses is
inadmissible, irrelevant, misleads the jury, confuses the issues, and any relevance the court may
find would be substantially outweighed by the prejudice on Defendants. TEX. R. EVID. 402, 403;
TEX. CIV. PRAC. & REM. CODE § 41.0105; Haygood v. De Escabedo, 356 S.W.3d 390 (Tex. 2011).
Stipulated
Sustained
Denied
Modified
SO ORDERED on this day of , 2022.
JUDGE PRESIDING
DEFENDANT STEVENS TRANSPORT, INC’S MOTIONS IN LIMINE Page 18
2159558 / 202.142
Preview
FILED 9/15/2022 8:19 PM FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS Jeremy Jones DEPUTY CAUSE NO. DC-21-06282 JOSHUA GRAY § IN THE DISTRICT COURT OF Plainttffi § § V. § DALLAS COUNTY, TEXAS § STEVENS TRANSPORT, INC., AND § AUNDRAE GOODSON § Defendants. § 14TH JUDICIAL DISTRICT DEFENDANT STEVENS TRANSPORT, INC’S MOTIONS IN LIMINE TO THE HONORABLE JUDGE OF SAID COURT: COME NOW, Stevens Transport, Inc., Defendant who now moves the Court for an order in limine, restricting Plaintiff, Plaintiff’s counsel, and witnesses called on behalf of the Plaintiff, from introducing, mentioning, or in any way referring to certain matters more particularly described in Exhibit “A” attached hereto. I. The matters described in Exhibit “A” are not admissible in evidence for any purpose and have no bearing on the issues or the rights of the parties to this case. Even if it can be shown that a matter described may be relevant to a fact of consequence in this case, any probative value is far outweighed by the unfair prejudice, confilsion, and delay that would result from allowing its admission into evidence. II. Permitting interrogation of witnesses, comments to jurors or prospective jurors, or offer of evidence concerning any of these matters would unfairly prejudice the jury. Sustaining objections to such questions, statements, or evidence will not prevent prejudice but will reinforce the development of questionable and inadmissible evidence. III. DEFENDANT STEVENS TRANSPORT, INC’S MOTIONS IN LIMINE Page 1 2159558 / 202.142 Defendant further requests that if Plaintiff’ s counsel proposes a theory of admissibility concerning any matter set out in Exhibit “A”, the Court order that Plaintiff’ s counsel first request a ruling from the Court outside the presence and hearing of all prospective jurors and jurors ultimately selected in this case. PRAYER WHEREFORE, Defendant Stevens Transport, Inc., requests that the Court order the following: (1) That each of the matters described in Exhibit “A” is not admissible evidence in this case; (2) That Plaintiff’s counsel refrain from offering any evidence relating to any matter described in Exhibit “A” in the presence of the jury and refrain from making any reference or comment regarding such matter, directly or indirectly, before the jury panel on voir dire and before the trial jury through the examining or cross- examining witnesses, offering documentary evidence, making closing argument, or otherwise; and (3) That Plaintiff’s counsel instructs any and all witnesses they intend to call to testify at trial to refrain from any comment, mention, or reference to, directly or indirectly, in any manner whatsoever, any of the matters set forth in this motion, and to inform such witnesses of the consequences of violating the Court’s order, including the consequence of punishment for contempt. [Signature block on next page] DEFENDANT STEVENS TRANSPORT, INC’S MOTIONS IN LIMINE Page 2 2159558 / 202.142 Respectfully submitted, SARGENT LAW, P.C. By: /s/ David L. Sargent DAVID L. SARGENT State Bar N0. 17648700 daVid.sargent@sargentlawtx.com MITCHELL R. POURAHMADI State Bar No. 24096578 mitch.pourahmadi@sargentlawtxeom 1717 Main Street, Suite 4750 Dallas, Texas 75201-7346 (214) 749-6516 (direct — David Sargent) (214) 749-6316 (fax — David Sargent) ATTORNEYS FOR DEFENDANT STEVENS TRANSPORT, INC CERTIFICATE OF SERVICE The undersigned certifies that on the 15th day of September 2022, a true and correct copy of the foregoing document was forwarded Via E-File to all counsel of record: Kurt B. Arnold J. Kyle Findley Adam D. Lewis ARNOLD & ITKIN, LLP 6009 Memorial Drive Houston, Texas 77007 e-service@arnolditkin.com Attorneys for Plaintifl /s/ David L. Sargent DAVID L. SARGENT DEFENDANT STEVENS TRANSPORT, INC’S MOTIONS IN LIMINE Page 3 2159558 / 202.142 EXHIBIT “A” 1. Limitation to Complained of Conduct Any question, comment or reference to any theories of negligence other than those specifically set forth in Plaintiff s live pleadings. Stipulated Sustained Denied Modified 2. Authoritative Material Referring to or seeking to introduce in any form or portion of any text, treatise, journal article or other purposed authoritative treatise or writing through Plaintiff’s experts (if any) that have not been disclosed to Defendant’s counsel prior to trial. Stipulated Sustained Denied Modified 3. Testimony of Undisclosed Witnesses The testimony of any expert witness or other person purporting to have knowledge of any matter involved in this case and whose identity was not timely disclosed during the discovery phase of this litigation. Stipulated Sustained Denied Modified DEFENDANT STEVENS TRANSPORT, INC’S MOTIONS IN LIMINE Page 4 2159558 / 202.142 4. Liability Insurance Whether Defendants are protected by liability insurance or self-insured coverage is not admissible on the issue of the alleged breach of duty involved in this litigation. There is no other issue in the case to which the matter of liability insurance could possibly be relevant. Stipulated Sustained Denied Modified 5. Connection with Insurance Industry From inquiring from any member of the venire as to any connection with the insurance industry. If Plaintiff‘s counsel is sincerely interested in determining whether or not there is any such connection for purposes of exercising jury strikes, then they may do so by asking each individual juror his/her occupation, past occupation(s), and that of those in his/her household, which will provide relevant information and, at the same time, avoid harming Defendants by interjecting insurance into the case. Counsel may inquire once during voir dire whether anyone has experience with adjusting claims. Stipulated Sustained Denied Modified 6. Answer Damage Issue “Regardless Who Pays” From inquiring from any member of the venire as to whether he/she would answer an issue on damages in accordance with the evidence, regardless of who pays the damages, when payment will be paid, whether payment will ever be made, or any similar version of such inquiry, for the reason that the same improperly injects the implication of insurance and wealth into this case. Defendants further move the Court to instruct Plaintiff‘s counsel to not make any such reference in jury argument of similar import. Stipulated Sustained Denied Modified DEFENDANT STEVENS TRANSPORT, INC’S MOTIONS IN LIMINE Page 5 2159558 / 202.142 7. Insurance Layers Any reference to the circumstances surrounding the employment of counsel for Defendants, any reference to any one of counsel for Defendants as an insurance lawyer, or any other reference or term or phrase which would suggest that counsel for Defendants or the law firm of Sargent Law, P.C. regularly engages in such work or as counsel for Defendants. Stipulated Sustained Denied Modified 8. Financial Status Any evidence of or reference to the financial status of Defendants, including but not limited to either Defendants’ gross and net income, profit, and net worth, because such evidence is not admissible in this litigation and Plaintiff has not made the requisite showing under Texas Civil Practice & Remedies, Section 41.0115. Stipulated Sustained Denied Modified 9. Full Amount of Damages Awarded Any reference to the fact that Plaintiff may not receive the full amount of damages awarded because of attorney’s fees, expenses, taxes, etc. Such information is irrelevant and not necessary to determine the existence or extent of liability, injury or damage in this case. Stipulated Sustained Denied Modified DEFENDANT STEVENS TRANSPORT, INC’S MOTIONS IN LIMINE Page 6 2159558 / 202.142 10. Unrelated Suits or Settlements Any evidence or suggestion that Defendants have been involved in any other 1awsuit(s) or have made or settled any other claim(s), as these matters are not relevant to any issue on trial and are, thus, not admissible in evidence. Stipulated Sustained Denied Modified 1 1. Criminal Conviction Any evidence or suggestion that Defendants were convicted of any crime, because such evidence is not relevant to any issue to be tried in this case and should be excluded. The unfair prejudice to Defendants occasioned by any evidence of or other reference to the conviction so greatly outweighs any probative value the evidence could possibly have as to warrant its exclusion from the trial of this case. Stipulated Sustained Denied Modified 12. Other Accidents Any evidence or suggestion that Defendants, or any employee or former employee of Defendants, may have, at any time other than the occasion made the basis of this suit, been involved in a motor vehicle accident, because that conduct is not relevant to any issue to be tried in this case. Stipulated Sustained Denied Modified DEFENDANT STEVENS TRANSPORT, INC’S MOTIONS IN LIMINE Page 7 2159558 / 202.142 13. Hearsay Statements Defendants request the Court to order that Plaintiff’s counsel further be instructed to not tender, read from, or refer to any ex parte statement or report not previously admitted into evidence by the Court of any person not then and there present in court to testify and to be cross-examined by counsel for Defendants, and that Plaintiff’s counsel be instructed to not suggest to the jury, by argument or otherwise, as to what would have been the testimony of any witness not actually called. Stipulated Sustained Denied Modified 14. Claim of Privilege Any evidence or suggestion that any Defendant refused to disclose information based on the attomey—client privilege, the work-product privilege and/or the witness-statement privilege, and objected and/or sought a protective order in connection with the attempted discovery of such information because such evidence is not admissible before the jury. The refusal to disclose was based on a legitimate claim that the matter sought was privileged information. To prevent inadmissible information from prejudicing the jury, the matter to be excluded by this request includes any reference to the Court’s ruling on the claims of privilege and the imposition of any sanctions for refusing discovery. Stipulated Sustained Denied Modified DEFENDANT STEVENS TRANSPORT, INC’S MOTIONS IN LIMINE Page 8 2159558 / 202.142 15. Compromise and Offer to Compromise Any evidence or suggestion that Defendants, Defendants’ counsel, or any other person acting on behalf of the Defendants have made, considered, or promised to accept, or will make, consider, or accept any offer to compromise or settle the claim involved in this action, because such evidence is not admissible to prove liability for the claim or its amount. The matters to be excluded by this paragraph include the fact that settlement discussions have or have not taken place as well as statements or conduct of any party in connection with settlement discussions. Stipulated Sustained Denied Modified 1 6. Plaintiff s Medical Expenses Any evidence or documentation of Plaintiff“ s medical expenses that have not been timely filed and supplied in response to written discovery requests, or have not been Ordered stricken by the Court. Stipulated Sustained Denied Modified 17. Demand Items from Attomev’s Files That Plaintiff’s counsel be instructed to not make demands or requests before the jury for matters found or contained in the files of counsel for Defendants, which would include statements, pleadings or photographs and other documents or tangible things. Such matters are privileged or potentially privileged from disclosure to Plaintiffs and their respective counsel. Stipulated Sustained Denied Modified DEFENDANT STEVENS TRANSPORT, INC’S MOTIONS IN LIMINE Page 9 2159558 / 202.142 18. Request for Stipulation in Jurv’s Presence Requesting Defendants’ counsel to stipulate to either the admissibility of any evidence or to any facts or matters in front of the jury. Stipulated Sustained Denied Modified 19. Unqualified Expert Testimony Regarding Causation Any evidence or suggestion that any injury allegedly sustained by the Plaintiff was caused by the accident in question by any purported “expert” Witness found not qualified by this Court to offer competent testimony regarding the causation of Plaintiffs alleged injuries (including but not limited to the testimony, reports, and opinions of Joshua Gray). Such evidence, Without proper qualification, is not admissible and would only serve to confuse the issues. In addition, the probative value of such testimony is far outweighed by the danger of unfair prejudice. Stipulated Sustained Denied Modified DEFENDANT STEVENS TRANSPORT, INC’S MOTIONS IN LIMINE Page 10 2159558 / 202.142 20. Lav Testimonv Regarding Causation Any evidence or suggestion that any injury allegedly sustained by the Plaintiff was caused by the accident in question by any witness, other than the Plaintiff, not qualified as an expert witness by this Court. Such evidence, Without proper qualification, is not admissible and would only serve to confuse the issues. In addition, the probative value of such testimony is far outweighed by the danger of unfair prejudice. Stipulated Sustained Denied Modified 21. Medical Opinions bv Non-Designated Testifving Experts Defendants request that Plaintiff be prohibited from offering into evidence, discussing, mentioning, or otherwise bringing before a jury, either during voir dire or at trial, any medical opinions offered by any medical experts not designated as testifying medical experts. Stipulated Sustained Denied Modified DEFENDANT STEVENS TRANSPORT, INC’S MOTIONS IN LIMINE Page 11 2159558 / 202.142 22. Introduction of Documents Not Produced in Discovcrv Any attempt to introduce, allude to, discuss, argue, or otherwise reference any document that was not produced in discovery and that was responsive to any request by the Defendants. Stipulated Sustained Denied Modified 23. Safety and Compliance Record of Defendants Any evidence, testimony or reference to the safety record, company filings, administrative compliance, or history of Defendants or any of its predecessors, affiliates, subsidiaries, or parent companies, if any, and generally any comment or evidence that attempts to show or purports to show that Defendants have an alleged negative safety history, negative administrative compliance history, or record. Such evidence is not relevant to the issues presented in this litigation and would be an attempt by opposing counsel to use specific instances of conduct to show conformity therewith. Further, such evidence’s miniscule probative value would be substantially outweighed by the danger of unfair prejudice to the Defendants. Stipulated Sustained Denied Modified 24. Standard of Care Any argument, evidence or testimony that any activity of the Defendants was inherently dangerous and that Defendants should be held to some standard other than “reasonable care” because of this characterization. Such testimony or argument is not relevant and would impermissibly interfere with the province of the Court to instruct the trier of fact as to the law. Stipulated Sustained Denied Modified DEFENDANT STEVENS TRANSPORT, INC’S MOTIONS IN LIMINE Page 12 2159558 / 202.142 25. Damages not Specified in DiscoverV Defendants request that Plaintiff be prohibited from offering into evidence, discussing, mentioning, or otherwise bringing before a jury, either during voir dire or at trial, information regarding any element of damages or amount of claimed damages if said elements and/or the amount of those damages were not disclosed in response to Defendants’ Request for Disclosure or in Plaintiff’ s most recent petition in accordance with Texas Rules of Civil Procedure 47 and 301. Stipulated Sustained Denied Modified 26. Discoveg Disputes Defendants request that Plaintiff be prohibited from offering into evidence, discussing, mentioning, or otherwise bringing before a jury, either during voir dire or at trial, any evidence or testimony regarding written discovery or disputes related to written discovery prior to trial. Stipulated Sustained Denied Modified 27. Motion in Limine Any evidence or suggestion that Defendants filed this Motion in Limine or that the Court ruled in response thereto, because these matters are not of any concern to the jury in this litigation. Any such reference is inherently prejudicial in that it could suggest or infer that Defendants have acted improperly by seeking to prohibit proof. Moreover, referring to the Court’s exclusion of a certain matter may be an indirect reference to the matter itself, violative of the Court’s order. Stipulated Sustained Denied Modified DEFENDANT STEVENS TRANSPORT, INC’S MOTIONS IN LIMINE Page 13 2159558 / 202.142 28. Insurance Files or Record of Defendants Any evidence, testimony or reference to the insurance file, administrative compliance, or insurability history of Defendant Stevens Transport, Inc., or any of its predecessors, affiliates, subsidiaries, or parent companies, if any, and generally any comment or evidence that attempts to show or purports to show that Defendants have an alleged negative safety history, insurance purchase history, or record. Any reference or inquiry directly or indirectly as to Stevens Transport, Inc., information or data regarding their insurance file constitutes hearsay, has not been authenticated, is unreliable and incomplete in its reporting, and constitutes impermissible expert opinion. Any such inquiry would be improper and highly prejudicial, harmful and inflammatory, as well as irrelevant and immaterial. TEX. R. EVID. 401—403, 701—702, 801—803, 901—902. Stipulated Sustained Denied Modified 29. Safetv Operation/Driving History Any reference or inquiry directly or indirectly as to whether or not Aundrae Goodson and/or Stevens Transport, Inc., its agents or employees have had any previous or subsequent automobile accident, traffic violations, or license suspension of any kind, because such inquiry would be improper and highly prejudicial, harmful and inflammatory, as well as irrelevant and immaterial. TEX. R. EVID. 401-404, 701-703, 801-803. Stipulated Sustained Denied Modified DEFENDANT STEVENS TRANSPORT, INC’S MOTIONS IN LIMINE Page 14 2159558 / 202.142 30. Violations of Federal Motor Carrier SafetV Regulations Any reference or inquiry directly or indirectly as to Violations of the Federal Motor Carrier Safety Regulation by Defendants, as this material has not been authenticated, constitutes hearsay, would be improper, highly prejudicial and inflammatory, as well as irrelevant and immaterial. Further, any such testimony would include expert opinion for which there is no evidence of the qualification of the author, no evidence of a proper investigation or proper methodology used to develop the expert opinions, and no evidence of a valid underlying factual basis for the expert opinions. TEX. R. EVID. 401-403, 701-702, 801-803, 901-902. Stipulated Sustained Denied Modified 31. Plaintiff’ s Written Documentation of Damages Any evidence or documentation of Plaintiff” s amount of damages which have not been timely filed pursuant to the Texas Civil Practice & Remedies Code and supplied in response to written discovery requests or evidence or documentation not properly proven up via affidavits or live testimony. Stipulated Sustained Denied Modified DEFENDANT STEVENS TRANSPORT, INC’S MOTIONS IN LIMINE Page 15 2159558 / 202.142 32. Photographs and Visual Aides Showing any documents, photographs or Visual aids to the jury, or displaying same in such a manner that the jury or any member thereof can see the same unless and until same has been tendered to opposing counsel and has been admitted in evidence or approved for admission or use before the jury, either by the Court or by all counsel. Stipulated Sustained Denied Modified 33 . Discrimination Any argument or inference that a party or Witness should be treated more or less favorably, or that the credibility of any witness should be weighed differently, because of such party’s or witness’ race, gender, national origin, nationality, religion (or non-religion), marital status, sexual orientation, occupation, or financial status. This includes statements such as party or witness is “God fearing,” “church going, wealthy,” or a “regular tithing individual.” Stipulated Sustained Denied Modified 34. Hardship or Deprivation Any argument or suggestion that a failure to award damages will cause Plaintiff deprivation or financial hardship. This must corollate to damages being sought. Stipulated Sustained Denied Modified DEFENDANT STEVENS TRANSPORT, INC’S MOTIONS IN LIMINE Page 16 2159558 / 202.142 35. Place Yourself in the Shoes of the Plaintiff Any argument or suggestion that the jurors should put themselves in the position of the Plaintiff. Stipulated Sustained Denied Modified 36. Testimony Relative Credibility of Witnesses Any evidence or suggestion by Plaintiff, Plaintiff’s counsel, or Plaintiff’s experts (if any) that attempt to instruct the jury as to which Witness is more credible than the other as such is an attempt to encroach on the jury’s powers as an assignment of credibility is to be made by the jury, not an expert or other Witnesses. Stipulated Sustained Denied Modified 37. Testimony of Absent Witness Any reference, mention or statement to the jury of the probable testimony of a Witness who is absent, unavailable or not called to testify in this cause. Texas Power & Light C0. v. Walker, 559 S.W.2d 403, 406 (Tex. Civ. App.—Texarkana 1977, no writ); Sanders v. St. Paul Fire & Marine Ins. C0., 429 S.W.2d 516, 521 (Tex. Civ. App.—Texarkana 1968, writ ref‘d n.r.e.). Stipulated Sustained Denied Modified DEFENDANT STEVENS TRANSPORT, INC’S MOTIONS IN LIMINE Page 17 2159558 / 202.142 38. Full Value of Medical Expenses Defendants request that Plaintiff be prohibited from offering into evidence, discussing, mentioning, or otherwise bringing before a jury, either during voir dire or at trial, evidence of the “full value” of Plaintiff’ s medical expenses. The “full value” of Plaintiff s medical expenses is inadmissible, irrelevant, misleads the jury, confuses the issues, and any relevance the court may find would be substantially outweighed by the prejudice on Defendants. TEX. R. EVID. 402, 403; TEX. CIV. PRAC. & REM. CODE § 41.0105; Haygood v. De Escabedo, 356 S.W.3d 390 (Tex. 2011). Stipulated Sustained Denied Modified SO ORDERED on this day of , 2022. JUDGE PRESIDING DEFENDANT STEVENS TRANSPORT, INC’S MOTIONS IN LIMINE Page 18 2159558 / 202.142