Motion,Ex Parte: Carla Schreiber Individually and as Next Friend of Gxxxxxx Sxxxxxxxx vs Mike Gill, Janice Gill and Guardian Pit Bull Rescue

• 
• 
• 
• 
• 
• 
• 
• 

						
                                
Preview
                                The    matters   enumerated   in   the   following   paragraphs   are

irrelevant, inadmissible, highly prejudicial and inflammatory, and



of such matters in the trial of this cause by any party, attorney,



instruction by the Court to the jury could cure.           Should any of



indirectly, Defendant     would be compelled to make a Motion for

Mistrial.    Therefore, in an effort to avoid probable prejudice and

a possible mistrial in this cause, Defendant                the Court in
                                      II.

      Defendants move the court to instruct all attorneys in this

cause, and orders 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 facts

within the hearing of the 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

permissions of the Court.

      A.     That Defendants made or did not make any settlement

offers in connection with Defendants’ claims.                This evidence is

expressly inadmissible pursuant to Rule 408 of the Texas Rules of

Evidence.

      B.     Any   evidence    regarding    the   relative    wealth       of   the

parties, the wealth of the Defendants, or any similar information.

Such evidence is clearly not relevant to the issues in this

lawsuit.

      C.     Any   evidence,    comments,     statements,      or   references

calculated    to   lead   to   the   inference    or   suggestion     that      the

Defendants were insured against liability for the conduct and

damages alleged by the Defendants.            Such evidence is expressly

inadmissible pursuant to Rule 411 of the Texas Rules of Evidence.
     D.     To interrogate perspective jurors on the panel during

voir dire examination as to any connection with the insurance

industry.     Counsel can determine such connection by asking the

jurors if they have any experience handling or investigating

claims.

     E.     Requesting material from Defendants’ file or from the

file of their attorney, or asking for the production of any

documents in open Court before the jury.

     F.     That this Motion addressed to the Court was filed by the

Defendants, or that it sought from the Court the protection or the

relief set forth herein.

     G.     Any evidence or mention of Plaintiff’s medical expenses

unless and until such expenses have been properly proven up as

reasonable and necessary by 18.001 affidavit or by competent expert

testimony.

     H.     Any evidence regarding any criminal conviction of any

person unless and until a finding has been made outside the

presence of the jury that said conviction is admissible under Rule

609 of the Rules of Evidence.

     I.   Any character evidence regarding person unless and until

a finding has been made outside the presence of the jury that said

evidence is admissible under Rule 608 of the Rules of Evidence.

     J.     Any evidence regarding any future economic damages not

timely and properly disclosed prior to trial.
     K.   Any evidence regarding any future economic damages that

is not presented in terms of the present value of said damages.

     L.   Any mention of or reference to any dog bite statistics

including but not limited to those set forth in the amicus brief

attached as an exhibit to Plaintiff’s Response to Defendant’s

Motion for Summary Judgment.

     M.   Any evidence regarding any post-remedial measures or

lack thereof taken by Defendants following the incident made the

basis of this suit.

     N.   Any discussion of any caselaw, statutes or ordinances

with prospective jurors during voir dire other than basic concepts

such as negligence, proximate cause and damages.

     O.   Any evidence or discussion of any caselaw, statutes or

ordinances unless and until the Court has taken judicial notice of

said matters.

     P.   Any statement or suggestion that defendant’s dog was or

is a “dangerous dog.”

     WHEREFORE, PREMISES CONSIDERED, Defendants pray that this

Motion be in all things sustained and have all such other and

further relief to which it may be justly entitled.

                         Respectfully submitted,

                         JACKSON, DREWS & BOANERGES,P.C.
                         /s/ Karl D. Drews_______________
                         KARL D. DREWS   TBA #06117470
                         9432 Katy Freeway, Suite 100
                         Houston, Texas 77055
                         Tel: 713/464-3383
                         Fax: 713/464-9467
                         kdd@cjblawfirm.com
                         ATTORNEY FOR DEFENDANTS


                     CERTIFICATE OF SERVICE

     I hereby certify that I have complied with the provisions of
Rule 21 on this _16th day of March, 2023.

                              /s/ Karl D. Drews_____
                              KARL D. DREWS