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Electronically Submitted
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Hidalgo County Clerk
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CAUSE NO. CL-14-0028-D
ANSELMO HERNANDEZ, JR. § IN THE COUNTY COURT
§ 9
VS. § AT LAW NO. 4
§
§
MARYLS JEAN ROBERTSON § HIDALGO COUNTY, TEXAS
DEFENDANT’S MOTION IN LIMINE
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW Defendant, MARYLS JEAN ROBERTSON, in the above entitled and
numbered cause, and file this Motion in Limine, requesting exclusion of certain irrelevant,
inadmissible, or prejudicial matters, pursuant to Rules 401 and 403 of the Texas Rules of Evidence,
and as grounds for such motion would show unto the Court the following:
I.
The 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 would
be compelled to file a Motion for Mistrial. Therefore, in an effort to avoid probable prejudice and
a possible mistrial in this cause, Defendant moves the Court in limine as follows:
II.
Defendant moves the Court to instruct Plaintiff’s attorney in this cause, and order them in
turn to instruct all witnesses that they place upon the stand, not to question, mention, argue, or
make any statements or references to any of the following matters of fact within the hearing of the
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Electronically Submitted
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Hidalgo County Clerk
Accepted by: Carlos Guerra
jury or the jury panel, without first obtaining the Court's express permission outside of the hearing
of the jury or jury panel to do so, and not to read any pleadings or other papers concerning such
matters without such prior permission to the Court:
1. Any testimony by Plaintiff as to any medical opinions, diagnosis, and/or prognosis
stated to her by any medical doctor, chiropractor, psychiatrist, psychologist, or other health care
provider. T.R.E. 802, 701.
SUSTAINED ____________
OVERRULED_____________
2. Any evidence, statement, or inference of conduct or statements made in the course of
compromise and settlement negotiations or evidence of furnishing or offering or promising to pay
medical, hospital, or other similar expenses, or not seeking payment for medical services, pursuant
to Rules 408 and 409 of the Texas Rules of Evidence.
SUSTAINED ______________
OVERRULED _______________
3. Any comment or reference to the failure of this Defendant to call any witness or that
the Defendant has not proven anything that Defendant does not have the burden of proof at trial
until such time as counsel has first approached the bench and obtained a ruling from the Court that
the necessary legal prerequisite for such comment exists; to-wit, that such witnesses are within the
exclusive control of, or stood in some special relationship to these Defendant. Brazos Graphics,
Inc. v. Arvin Industries, Inc., 574 S.W.2d 240 (Tex.Civ.App.--Waco 1978, writ ref'd n.r.e.);
Sanders v. St. Paul Fire and Marine Insurance Company, 429 S.W.2d 516 (Tex. Civ. App.--
Texarkana, writ ref'd n.r.e.).
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Hidalgo County Clerk
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SUSTAINED _______________
OVERRULED _____________
4. 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 Petition.
SUSTAINED _____________
OVERRULED _______________
5. Any statement or remark or reference by counsel for Plaintiff concerning his
personal opinions regarding the case. Wallace v. Liberty Mutual Insurance Co., 413 S.W.2d 787
(Tex. Civ. App.--Houston, 1967) writ ref'd n.r.e.).
SUSTAINED_________________
OVERRULED_________________
6. Any statement or representation to the jury that the Law Offices of Roerig, Oliveira, &
Fisher, L.L.P. is a defense firm and/or is routinely retained to represent and defend corporations,
companies or insurance companies. T.R.E. 401, 402.
SUSTAINED _______________
OVERRULED_______________
7. 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. C.P.R.C. 18.001, 18.002.
SUSTAINED _______________
OVERRULED_______________
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8. 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 any party's medical condition. Reliable
Life Ins. Co. v. Steptoe, (1971, CA Tyler) 471 S.W.2d 430. T.R.E. 701, 802.
SUSTAINED _______________
OVERRULED_______________
9. 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. T.R.E. 701, 802.
SUSTAINED _______________
OVERRULED_______________
10. The testimony of any person not specifically identified by name and address in
response to interrogatories requesting the identity of persons with knowledge of relevant facts that
were served on Plaintiff’s counsel in the current cause. Rules 166(d) and 215(4), Tx.R.Civ.P.,
Morrow v. H.E.B., Inc., 714 S.W.2d 297 (Tex. 1986); Yeldell v. Holiday Hills Retirement and
Nursing Center, Inc., 701 S.W.2d 243 (Tex. 1985); Walsh v. Mullane, 725 S.W.2d 263
(Tx.Civ.App.-Houston [1st] 1986); Gutierrez v. Dallas Independent School District, 722 S.W.2d
530 (Tx.Civ.App.-Dallas 1986)
SUSTAINED _______________
OVERRULED_______________
11. That the attorney for the Plaintiff be prohibited from making any reference to the
relative wealth or income or difference in financial ability of the parties. Twin City File Ins. Co.
v. Gibson, 488 S.W.2d 565 (Civ.App.-Amarillo, 1972, writ ref'd, n.r.e.).
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SUSTAINED _______________
OVERRULED_______________
12. Any reference or statement to the jury that the Court can reduce the amount of any jury
award but cannot raise the amount of such award.
SUSTAINED _______________
OVERRULED_______________
13. That Plaintiff be prohibited from making any reference, comment or question as to
future medical services for Plaintiff until Plaintiff has proven the reasonableness and necessity for
such services by reasonable medical probability.
SUSTAINED _______________
OVERRULED_______________
14. Any questioning, statements or evidence that Plaintiff was treated by any doctors,
physicians, hospitals or other medical/health providers that were not identified by him in his
answers to Disclosures.
SUSTAINED _______________
OVERRULED_______________
15. Whether any claim, lawsuit, sanction, grievance or reprimand has ever been
brought against MARYLS JEAN ROBERTSON for any incident other than the one forming the
basis of this lawsuit.
SUSTAINED _______________
OVERRULED_______________
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16. That counsel for Plaintiff be prohibited from commenting or otherwise stating to
the jury panel in any way, that attorneys for Defendant MARYLS JEAN ROBERTSON has not
or will not stipulate to the reasonableness and/or necessity of the Plaintiff’s medical bills.
SUSTAINED_______________
OVERRULED_______________
17. Any argument or reference in front of the jury to the effect that this Motion in
Limine has been filed, or the Court’s ruling thereon, or any other testimony or argument to the fact
that Plaintiff would like to bring more evidence to the attention of the jury but the Court will not
allow them to do so or any suggestion or inference to the jury that this Defendant has moved to
prohibit proof.
SUSTAINED_________________
OVERRULED_________________
18. That Plaintiff’s injuries have caused suffering, pain, distress or any type of mental
anguish to any family members other than the Plaintiff, as none of these other family members are
parties to this cause of action.
SUSTAINED______________________
OVERRULED______________________
19. Any reference to expert or opinion testimony, evidence, substance, reports, records
or documents, which were not previously identified nor designated in answers to Interrogatories,
Disclosures or in response to Request for Production and which have not been timely
supplemented or furnished with reports within the deadlines established by court orders.
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SUSTAINED______________________
OVERRULED______________________
20. Any reference to documents or other tangible evidence including photographs
which has not been timely identified to the Defendant in answers to Interrogatories or which have
not been timely furnished to Defendant in responses to Requests for Production or Request for
Disclosure, including records of lost wages, property damage, estimates and medical records.
SUSTAINED_________________
OVERRULED_________________
21. Pursuant to Tex. Civ. Prac. & Rem. Code §41.005 Defendant requests that medical
expenses presented to the jury be limited to those paid or actually incurred.
SUSTAINED ________________
OVERRULED________________
WHEREFORE, PREMISES CONSIDERED, Defendant prays that the Court grant this Motion in
Limine in its entirety, that it grant the protection and relief herein sought by appropriate order
binding on all counsel, parties, witnesses, and persons appearing herein, and that it grant such other
and further relief to which these Defendant may be entitled.
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Electronically Submitted
9/18/2023 7:50 AM
Hidalgo County Clerk
Accepted by: Carlos Guerra
Respectfully submitted,
ROERIG, OLIVEIRA & FISHER, L.L.P.
10225 N. 10th Street
McAllen, Texas 78504
Telephone: (956) 393-6300
Telecopier: (956) 386-1625
/s/Liza Vasquez Garza
By:______________________________
Liza Vasquez Garza
Texas State Bar #00797595
ATTORNEY FOR DEFENDANT
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Electronically Submitted
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Hidalgo County Clerk
Accepted by: Carlos Guerra
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the above and foregoing Motion In Limine
has been delivered to the attorneys of record as follows:
Via E-Service
Mr. Ruben R. Ramirez
Loncar Lyon Jenkins
321 S. 12th Street
McAllen, Texas 78501
on this the September day of 18 , 2023.
/s/Liza Vasquez Garza
____________________________________
Liza Vasquez Garza
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Preview
Electronically Submitted 9/18/2023 7:50 AM Hidalgo County Clerk Accepted by: Carlos Guerra CAUSE NO. CL-14-0028-D ANSELMO HERNANDEZ, JR. § IN THE COUNTY COURT § 9 VS. § AT LAW NO. 4 § § MARYLS JEAN ROBERTSON § HIDALGO COUNTY, TEXAS DEFENDANT’S MOTION IN LIMINE TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW Defendant, MARYLS JEAN ROBERTSON, in the above entitled and numbered cause, and file this Motion in Limine, requesting exclusion of certain irrelevant, inadmissible, or prejudicial matters, pursuant to Rules 401 and 403 of the Texas Rules of Evidence, and as grounds for such motion would show unto the Court the following: I. The 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 would be compelled to file a Motion for Mistrial. Therefore, in an effort to avoid probable prejudice and a possible mistrial in this cause, Defendant moves the Court in limine as follows: II. Defendant moves the Court to instruct Plaintiff’s attorney in this cause, and order them in turn to instruct all witnesses that they place upon the stand, not to question, mention, argue, or make any statements or references to any of the following matters of fact within the hearing of the 1|Page Electronically Submitted 9/18/2023 7:50 AM Hidalgo County Clerk Accepted by: Carlos Guerra jury or the jury panel, without first obtaining the Court's express permission outside of the hearing of the jury or jury panel to do so, and not to read any pleadings or other papers concerning such matters without such prior permission to the Court: 1. Any testimony by Plaintiff as to any medical opinions, diagnosis, and/or prognosis stated to her by any medical doctor, chiropractor, psychiatrist, psychologist, or other health care provider. T.R.E. 802, 701. SUSTAINED ____________ OVERRULED_____________ 2. Any evidence, statement, or inference of conduct or statements made in the course of compromise and settlement negotiations or evidence of furnishing or offering or promising to pay medical, hospital, or other similar expenses, or not seeking payment for medical services, pursuant to Rules 408 and 409 of the Texas Rules of Evidence. SUSTAINED ______________ OVERRULED _______________ 3. Any comment or reference to the failure of this Defendant to call any witness or that the Defendant has not proven anything that Defendant does not have the burden of proof at trial until such time as counsel has first approached the bench and obtained a ruling from the Court that the necessary legal prerequisite for such comment exists; to-wit, that such witnesses are within the exclusive control of, or stood in some special relationship to these Defendant. Brazos Graphics, Inc. v. Arvin Industries, Inc., 574 S.W.2d 240 (Tex.Civ.App.--Waco 1978, writ ref'd n.r.e.); Sanders v. St. Paul Fire and Marine Insurance Company, 429 S.W.2d 516 (Tex. Civ. App.-- Texarkana, writ ref'd n.r.e.). 2|Page Electronically Submitted 9/18/2023 7:50 AM Hidalgo County Clerk Accepted by: Carlos Guerra SUSTAINED _______________ OVERRULED _____________ 4. 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 Petition. SUSTAINED _____________ OVERRULED _______________ 5. Any statement or remark or reference by counsel for Plaintiff concerning his personal opinions regarding the case. Wallace v. Liberty Mutual Insurance Co., 413 S.W.2d 787 (Tex. Civ. App.--Houston, 1967) writ ref'd n.r.e.). SUSTAINED_________________ OVERRULED_________________ 6. Any statement or representation to the jury that the Law Offices of Roerig, Oliveira, & Fisher, L.L.P. is a defense firm and/or is routinely retained to represent and defend corporations, companies or insurance companies. T.R.E. 401, 402. SUSTAINED _______________ OVERRULED_______________ 7. 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. C.P.R.C. 18.001, 18.002. SUSTAINED _______________ OVERRULED_______________ 3|Page Electronically Submitted 9/18/2023 7:50 AM Hidalgo County Clerk Accepted by: Carlos Guerra 8. 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 any party's medical condition. Reliable Life Ins. Co. v. Steptoe, (1971, CA Tyler) 471 S.W.2d 430. T.R.E. 701, 802. SUSTAINED _______________ OVERRULED_______________ 9. 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. T.R.E. 701, 802. SUSTAINED _______________ OVERRULED_______________ 10. The testimony of any person not specifically identified by name and address in response to interrogatories requesting the identity of persons with knowledge of relevant facts that were served on Plaintiff’s counsel in the current cause. Rules 166(d) and 215(4), Tx.R.Civ.P., Morrow v. H.E.B., Inc., 714 S.W.2d 297 (Tex. 1986); Yeldell v. Holiday Hills Retirement and Nursing Center, Inc., 701 S.W.2d 243 (Tex. 1985); Walsh v. Mullane, 725 S.W.2d 263 (Tx.Civ.App.-Houston [1st] 1986); Gutierrez v. Dallas Independent School District, 722 S.W.2d 530 (Tx.Civ.App.-Dallas 1986) SUSTAINED _______________ OVERRULED_______________ 11. That the attorney for the Plaintiff be prohibited from making any reference to the relative wealth or income or difference in financial ability of the parties. Twin City File Ins. Co. v. Gibson, 488 S.W.2d 565 (Civ.App.-Amarillo, 1972, writ ref'd, n.r.e.). 4|Page Electronically Submitted 9/18/2023 7:50 AM Hidalgo County Clerk Accepted by: Carlos Guerra SUSTAINED _______________ OVERRULED_______________ 12. Any reference or statement to the jury that the Court can reduce the amount of any jury award but cannot raise the amount of such award. SUSTAINED _______________ OVERRULED_______________ 13. That Plaintiff be prohibited from making any reference, comment or question as to future medical services for Plaintiff until Plaintiff has proven the reasonableness and necessity for such services by reasonable medical probability. SUSTAINED _______________ OVERRULED_______________ 14. Any questioning, statements or evidence that Plaintiff was treated by any doctors, physicians, hospitals or other medical/health providers that were not identified by him in his answers to Disclosures. SUSTAINED _______________ OVERRULED_______________ 15. Whether any claim, lawsuit, sanction, grievance or reprimand has ever been brought against MARYLS JEAN ROBERTSON for any incident other than the one forming the basis of this lawsuit. SUSTAINED _______________ OVERRULED_______________ 5|Page Electronically Submitted 9/18/2023 7:50 AM Hidalgo County Clerk Accepted by: Carlos Guerra 16. That counsel for Plaintiff be prohibited from commenting or otherwise stating to the jury panel in any way, that attorneys for Defendant MARYLS JEAN ROBERTSON has not or will not stipulate to the reasonableness and/or necessity of the Plaintiff’s medical bills. SUSTAINED_______________ OVERRULED_______________ 17. Any argument or reference in front of the jury to the effect that this Motion in Limine has been filed, or the Court’s ruling thereon, or any other testimony or argument to the fact that Plaintiff would like to bring more evidence to the attention of the jury but the Court will not allow them to do so or any suggestion or inference to the jury that this Defendant has moved to prohibit proof. SUSTAINED_________________ OVERRULED_________________ 18. That Plaintiff’s injuries have caused suffering, pain, distress or any type of mental anguish to any family members other than the Plaintiff, as none of these other family members are parties to this cause of action. SUSTAINED______________________ OVERRULED______________________ 19. Any reference to expert or opinion testimony, evidence, substance, reports, records or documents, which were not previously identified nor designated in answers to Interrogatories, Disclosures or in response to Request for Production and which have not been timely supplemented or furnished with reports within the deadlines established by court orders. 6|Page Electronically Submitted 9/18/2023 7:50 AM Hidalgo County Clerk Accepted by: Carlos Guerra SUSTAINED______________________ OVERRULED______________________ 20. Any reference to documents or other tangible evidence including photographs which has not been timely identified to the Defendant in answers to Interrogatories or which have not been timely furnished to Defendant in responses to Requests for Production or Request for Disclosure, including records of lost wages, property damage, estimates and medical records. SUSTAINED_________________ OVERRULED_________________ 21. Pursuant to Tex. Civ. Prac. & Rem. Code §41.005 Defendant requests that medical expenses presented to the jury be limited to those paid or actually incurred. SUSTAINED ________________ OVERRULED________________ WHEREFORE, PREMISES CONSIDERED, Defendant prays that the Court grant this Motion in Limine in its entirety, that it grant the protection and relief herein sought by appropriate order binding on all counsel, parties, witnesses, and persons appearing herein, and that it grant such other and further relief to which these Defendant may be entitled. 7|Page Electronically Submitted 9/18/2023 7:50 AM Hidalgo County Clerk Accepted by: Carlos Guerra Respectfully submitted, ROERIG, OLIVEIRA & FISHER, L.L.P. 10225 N. 10th Street McAllen, Texas 78504 Telephone: (956) 393-6300 Telecopier: (956) 386-1625 /s/Liza Vasquez Garza By:______________________________ Liza Vasquez Garza Texas State Bar #00797595 ATTORNEY FOR DEFENDANT 8|Page Electronically Submitted 9/18/2023 7:50 AM Hidalgo County Clerk Accepted by: Carlos Guerra CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the above and foregoing Motion In Limine has been delivered to the attorneys of record as follows: Via E-Service Mr. Ruben R. Ramirez Loncar Lyon Jenkins 321 S. 12th Street McAllen, Texas 78501 on this the September day of 18 , 2023. /s/Liza Vasquez Garza ____________________________________ Liza Vasquez Garza 9|Page