Preview
FILED
3/27/2023 10:27 AM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Brandon Keys DEPUTY
CAUSE NO. DC-23-00653
GERMAN GARCIA FUENTES IN THE DISTRICT COURT
§§§§§§§§§§
INDIVIDUALLY AND ON BEHALF
OF Y.G, a minor,
Plaintiffs,
v. 68TH JUDICIAL DISTRICT
ALLSTATE FIRE AND CASUALTY
INSURANCE COMPANY,
Defendant. DALLAS COUNTY, TEXAS
PLAINTIFF'S MOTION IN LIMINE
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW Gelman Garcia Fuentes individually and on behalf of Y.G a minor,
Plaintiffs in the above-styled and numbered cause, prior to announcing ready, and before any
proceedings were had before a jury, and files this Plaintiff’s Motion In Limine, and respectfiilly
moves the court as follows:
That Defendant and its attorney, be instructed not to mention or bring before the jury,
either directly or indirectly, upon voir dire, reading of pleadings, statement of the case,
interrogation of witnesses, argument, objections before the jury, or in any other means or manner
inform the jury, or bring to the jury's attention any of the matters set forth in the paragraphs
below, unless and until such matters have been first called to the Court's attention, out of the
presence and/or hearing of the jury, and a favorable ruling received as to the admissibility and
relevance of such matters.
Further, counsel for Defendant be specifically instructed to inform and counsel with all
witnesses called by Defendant, or parties in the Courtroom at the request of Defendant, not to
volunteer, inject, disclose, state or mention to the jury any of the below enumerated matters,
unless specifically questioned thereon after prior ruling by the Court.
The Violation of any and/or all of these instructions would constitute harm to Plaintiff‘s
cause, deprive Plaintiff of a fair and impartial trial, and the Court should instruct counsel for
Defendant that the failure to abide by such order of the Court may constitute contempt.
PLAINTIFF’S MOTION IN LIMINIE Page 1
1. Collateral Source. That any portion of the damages sought by Plaintiff have
been, or will be, paid any collateral source, including but not limited to:
a. health and accident disability insurance
b. any employee benefit plan, formal or informal, including payment of wages for
time not actually worked
c. social security or welfare
d. veterans or other benefits
e. provisions of medical services free of charge or for less than reasonable and
customary charges
AGREED GRANTED DENIED WITHDRAWN
2. Retention of Attorney. The time or circumstances under which either party
consulted or retained an attorney.
AGREED GRANTED DENIED WITHDRAWN
3. Criminal Offenses. That any party or witness has been suspected of, arrested
for, charged with or convicted of any criminal offense unless there is evidence of a specific
conviction the admissibility whereof in this case has been ruled upon by the court.
AGREED GRANTED DENIED WITHDRAWN
4. Alcohol or Drug Use. That any party or witness uses or abuses alcohol,
tobacco, or any controlled substance, unless and until such alleged use or abuse is shown to be
specifically relevant to the matters in controversy.
AGREED GRANTED DENIED WITHDRAWN
5. Settlement Negotiations. Any negotiations, offers or demands with respect to
any attempted settlement.
AGREED GRANTED DENIED WITHDRAWN
6. Discovery Disputes. Any reference to discovery controversies which arose
during the preparation of the case for trial, any position taken by any party with respect thereto,
or to the Court‘s ruling thereon.
AGREED GRANTED DENIED WITHDRAWN
7. Prior Suits or Claims. That any party has been a party to any prior lawsuit, or
has asserted any prior claim, or that any prior claim has been asserted against a party; provided
that this clause does not prohibit inquiry about a prior injury that may have been the subject of a
PLAINTIFF’S MOTION IN LIMINIE Page 2
claim, as distinguished from the claim, suit or settlement with reference thereto, if the nature of
injuries claimed in the present suit make the same relevant.
AGREED GRANTED DENIED WITHDRAWN
8. Ex Parte Statements of Witnesses. Any reference to any ex parte statement of
any witness or alleged witness, other than an adverse party or agent of an adverse party, unless
and until such witness has been called to testify and has given testimony conflicting with such ex
parte statement. A deposition or a statement in business or medical records which have been
proved up as required by the Rules of Evidence is not an ex parte statement.
AGREED GRANTED DENIED WITHDRAWN
9. Testimony of Absent Witness. Any statement or suggestion as to the probable
testimony of any witness or alleged witness who is unavailable to testify, or whom the party
suggesting such testimony does not in good faith, expect to testify in the trial. If the party is
expected to testify by deposition, this provision does not apply to testimony contained in the
deposition expected to be offered.
AGREED GRANTED DENIED WITHDRAWN
10. Photographs and Visual Aids. Showing any photographs or Visual aids to the
jury or displaying same in such manner that the jury or any member thereof can see the same,
unless and until the 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.
AGREED GRANTED DENIED WITHDRAWN
11. Reguests for Stipulations. Any request or demand in the presence of the jury
for a stipulation to any fact, or that counsel admit or deny any fact.
AGREED GRANTED DENIED WITHDRAWN
12. Reguests for Files. Any request or demand in the presence of the jury that
opposing counsel produce any document or thing, or that opposing counsel or any party or
witness exhibit, turnover or allow examination of the contents of any file or briefcase (except
that a party may demand to see a document used by a witness on the stand to refresh his/her
recollection, or which a witness testifies that he/she has used previously to refresh his/her
recollection.)
AGREED GRANTED DENIED WITHDRAWN
13. Discrimination. Any argument that a party should be treated more or less
favorably because of such party's race, gender, national origin, nationality, religion, marital
status, occupation, or financial status (except in the second phase of a bifurcated trial).
PLAINTIFF’S MOTION IN LIMINIE Page 3
AGREED GRANTED DENIED WITHDRAWN
14. Social Cost of Award. Any argument or suggestion that an award of damages
will affect insurance premiums, the price of any goods or services, or the level of taxation.
AGREED GRANTED DENIED WITHDRAWN
15. Golden Rule. Any argument or suggestion that the jurors should put themselves
in the position of a party.
AGREED GRANTED DENIED WITHDRAWN
16. Effect of Answers t0 Jug Questions. Any argument that any finding or failure
to find in response to a particular jury question will or will not result in a judgment favorable to
any party. This provision does not bar counsel arguing that a particular jury question should be
answered in a particular way.
AGREED GRANTED DENIED WITHDRAWN
17. Evidence not Produced in Discovery. Calling any witness, or offering any
document in evidence, if such witness or document has not been disclosed in discovery at least
30 days before trial. if a party has a good faith basis to urge that such witness or document
should be received either because (a) no discovery request properly called for its disclosure, or
(b) good cause existed for failure to timely disclose, such party shall first approach the bench and
secure a ruling thereon.
AGREED GRANTED DENIED WITHDRAWN
18. Obiections to Evidence not Produced in Discovery. Any objection based on
failure to disclose evidence in pre-trial discovery. Any party desiring to urge any such objection
shall request to approach the bench and urge such objection outside the hearing of the jury.
AGREED GRANTED DENIED WITHDRAWN
19. Attorney Letter of Protection/Attorney Referral: That no mention be made of
the manner in which Plaintiff was referred to any treating physician or that any treating physician
agreed to treat Plaintiff under an attorney letter of protection. As such information is irrelevant
to the facts herein and may be unfairly prejudicial and interfere with the rendering of a fair and
equitable verdict in this action. In this connection, Plaintiff claims the attorney-client privilege.
AGREED GRANTED DENIED WITHDRAWN
20. Motor Vehicle Accidents: That Plaintiff has been in motor vehicle accidents
prior to or subsequent to the motor vehicle accident at issue because such extrinsic evidence is
inadmissible under T.R.E. 401, 403, 404, 608 and 609.
PLAINTIFF’S MOTION IN LIMINIE Page 4
AGREED GRANTED DENIED WITHDRAWN
21. Tickets: That Plaintiff has been issued tickets prior to or subsequent to the motor
vehicle accident at issue because such extrinsic evidence is inadmissible under T.R.E. 401, 403,
404, 608 and 609.
AGREED GRANTED DENIED WITHDRAWN
22. Photographs of Motor Vehicles: Any photographs of the vehicles involved in the
motor vehicle accident, unless property damage is an issue in this case.
AGREED GRANTED DENIED WITHDRAWN
23. Immigration Status: That Defendant's counsel should be prohibited from making
any inquiry or reference to any of Plaintiff's immigration status. Such irrelevant to any issue in
the case and has no probative value and would not be admissible into evidence pursuant to Rule
401 and 402, Texas Rules of Evidence. Furthermore, any such testimony or other evidence
concerning any Plaintiffs immigration status would be substantially outweighed by the danger of
unfair prejudice or confusion of the issues in violation of Rule 403, Texas Rules of Evidence.
AGREED GRANTED DENIED WITHDRAWN
24. License Suspension: From any reference or inquiry directly or indirectly as to
whether or not any party has had any license suspension of any kind or was driving without a
license (Tex.R.Civ.Evid. 401-404); Medina vs. Salinas, 736 S.W.2d 224 (Tex.App. - Corpus
Christi 1987, writ denied) (trial court properly excluded driver's lack of driver's license because
there was not a claim for negligent entrustment and "lack of license does not, as a matter of law,
make a driver liable or constitute a proximate cause of a collision"); Miller vs. Jones, Civ App-
Dallas 270 S.W. 2d. 303 (Tex.Civ.App. - Dallas 1954, writ refd n.r.e.) (trial court's exclusion of
driver‘s failure to have driver's license not error where there was no issue regarding negligent
entrustment).
AGREED GRANTED DENIED WITHDRAWN
25. Drugs or alcohol: Any mention or suggestion that Plaintiff was under the
influence of drugs or alcohol at the time of the occurrence in question.
AGREED GRANTED DENIED WITHDRAWN
26. Traffic Offenses: Any mention that Plaintiff has been cited in the past (before the
accident in question, or since the accident in question) for traffic offenses or has been involved in
any other motor vehicle accidents. (Patterson v. East Texas Motor Freight Lines, 349 S.W. 2d,
634, Tex. Civ. App. - Beaumont, 1961, writ ref. n.r.e.).
AGREED GRANTED DENIED WITHDRAWN
PLAINTIFF’S MOTION IN LIMINIE Page 5
27. Disclosure Responses: From questioning Plaintiff with regard to Plaintiff‘s
Response to Defendant's Request for Disclosure and any supplements, thereto, for the reason that
the same is a legal document wherein the responses were prepared by counsel for Defendant
pursuant to T.R.C.P. 194.2, and not by Plaintiff.
AGREED GRANTED DENIED WITHDRAWN
28. Expert Witnesses: Questioning a Witness designated as an expert as to his or her
opinion regarding a matter requiring specialized knowledge, skill, and experience before
qualifying said witness as an expert with that field.
AGREED GRANTED DENIED WITHDRAWN
29. Exclude Expert Testimony of Persons who are not Experts: That no person or
witness be allowed to provide expert testimony if the person does not qualify as an expert on a
particular subject. Specifically, Plaintiffs' alleged injuries or alleged damages are not a matter of
common knowledge or within the experience of lay persons. Admission of such testimony
would be highly prejudicial and confusing under Tex.R.EVid. 403, 702, 703, and 705.
AGREED GRANTED DENIED WITHDRAWN
30. Expert Opinion Not Predicated on Correct Principal: That Defendant's counsel
not permitted to solicit any opinion or other testimony of any expert, through testimony, records,
or otherwise, whose opinions are not predicated upon the correct legal principal. Birchfield v.
Texarkana Mem. Hosp, 747 S.W.2d 361, 365 (Tex. 1987).
AGREED GRANTED DENIED WITHDRAWN
31. Any reference to, mention of, or questions of any expert witness that he/she,
police officer's opinions, knows, believes, or has concluded that any other witness is telling the
truth, or any other testimony by a witness regarding his/her opinion of the credibility or
truthfiilness of any other witness. Rule 702 of the Texas Rules of Evidence does not permit an
expert to give an opinion that the complainant or class of persons to which the complainant
belongs is truthful. Yount v. State, 872 S.W. 2d 706, 711-12 (Tex. Crim. App. 1993); Kirpatrick
v. State, 747 S.W. 2d 833, 836 (Tex. App. - Dallas 1987, pet. refd).
AGREED GRANTED DENIED WITHDRAWN
32. Any statement or reference that the jury use its verdict
as a mechanism through
which to effect social change or send a message to the other members of the community,
including Defendant. Tex. R. Civ. P. 269(e); Westbrook v. General Tire and Rubber Co., 754
F2d 1233 (5th Cir. 1985).
AGREED GRANTED DENIED WITHDRAWN
PLAINTIFF’S MOTION IN LIMINIE Page 6
Respectfully submitted,
RolIeEaton Law
2030 Main St, Ste. 200
Dallas, TX 75201
(214) 742—8897
(214) 637-6872 Fax
chade@rbrl.com
By
Chad W. Eaton
State Bar No. 24056666
CERTIFICATE OF SERVICE
In accordance with the Texas Rules of Civil Procedure. I certify that a true and correct
copy of the foregoing instrument has been provided by e-serVice to counsel of record for
Defendant on this the 27th day of March, 2023.
By:
CHAD W. EATON
PLAINTIFF’S MOTION IN LIMINIE Page 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.
Diana Salas on behalf of Chad Eaton
Bar No. 24056666
dianas@rbrl.com
Envelope ID: 74028250
Filing Code Description: Designation Of Expert Witness(es)
Filing Description: PLAINTIFF'S
Status as of 3/27/2023 11:52 AM CST
Case Contacts
Name BarNumber Email TimestampSubmitted Status
DIANA ABREGO dianas@rbrl.com 3/27/2023 10:27:48 AM SENT
Associated Case Party: ALLSTATE FIRE AND CSUALTY INSURANCE COMPANY
Name BarNumber Email TimestampSubmitted Status
Anthony M.DeGuerre DallasLegal@allstate.com 3/27/2023 10:27:48 AM SENT
Preview
FILED 3/27/2023 10:27 AM FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS Brandon Keys DEPUTY CAUSE NO. DC-23-00653 GERMAN GARCIA FUENTES IN THE DISTRICT COURT §§§§§§§§§§ INDIVIDUALLY AND ON BEHALF OF Y.G, a minor, Plaintiffs, v. 68TH JUDICIAL DISTRICT ALLSTATE FIRE AND CASUALTY INSURANCE COMPANY, Defendant. DALLAS COUNTY, TEXAS PLAINTIFF'S MOTION IN LIMINE TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW Gelman Garcia Fuentes individually and on behalf of Y.G a minor, Plaintiffs in the above-styled and numbered cause, prior to announcing ready, and before any proceedings were had before a jury, and files this Plaintiff’s Motion In Limine, and respectfiilly moves the court as follows: That Defendant and its attorney, be instructed not to mention or bring before the jury, either directly or indirectly, upon voir dire, reading of pleadings, statement of the case, interrogation of witnesses, argument, objections before the jury, or in any other means or manner inform the jury, or bring to the jury's attention any of the matters set forth in the paragraphs below, unless and until such matters have been first called to the Court's attention, out of the presence and/or hearing of the jury, and a favorable ruling received as to the admissibility and relevance of such matters. Further, counsel for Defendant be specifically instructed to inform and counsel with all witnesses called by Defendant, or parties in the Courtroom at the request of Defendant, not to volunteer, inject, disclose, state or mention to the jury any of the below enumerated matters, unless specifically questioned thereon after prior ruling by the Court. The Violation of any and/or all of these instructions would constitute harm to Plaintiff‘s cause, deprive Plaintiff of a fair and impartial trial, and the Court should instruct counsel for Defendant that the failure to abide by such order of the Court may constitute contempt. PLAINTIFF’S MOTION IN LIMINIE Page 1 1. Collateral Source. That any portion of the damages sought by Plaintiff have been, or will be, paid any collateral source, including but not limited to: a. health and accident disability insurance b. any employee benefit plan, formal or informal, including payment of wages for time not actually worked c. social security or welfare d. veterans or other benefits e. provisions of medical services free of charge or for less than reasonable and customary charges AGREED GRANTED DENIED WITHDRAWN 2. Retention of Attorney. The time or circumstances under which either party consulted or retained an attorney. AGREED GRANTED DENIED WITHDRAWN 3. Criminal Offenses. That any party or witness has been suspected of, arrested for, charged with or convicted of any criminal offense unless there is evidence of a specific conviction the admissibility whereof in this case has been ruled upon by the court. AGREED GRANTED DENIED WITHDRAWN 4. Alcohol or Drug Use. That any party or witness uses or abuses alcohol, tobacco, or any controlled substance, unless and until such alleged use or abuse is shown to be specifically relevant to the matters in controversy. AGREED GRANTED DENIED WITHDRAWN 5. Settlement Negotiations. Any negotiations, offers or demands with respect to any attempted settlement. AGREED GRANTED DENIED WITHDRAWN 6. Discovery Disputes. Any reference to discovery controversies which arose during the preparation of the case for trial, any position taken by any party with respect thereto, or to the Court‘s ruling thereon. AGREED GRANTED DENIED WITHDRAWN 7. Prior Suits or Claims. That any party has been a party to any prior lawsuit, or has asserted any prior claim, or that any prior claim has been asserted against a party; provided that this clause does not prohibit inquiry about a prior injury that may have been the subject of a PLAINTIFF’S MOTION IN LIMINIE Page 2 claim, as distinguished from the claim, suit or settlement with reference thereto, if the nature of injuries claimed in the present suit make the same relevant. AGREED GRANTED DENIED WITHDRAWN 8. Ex Parte Statements of Witnesses. Any reference to any ex parte statement of any witness or alleged witness, other than an adverse party or agent of an adverse party, unless and until such witness has been called to testify and has given testimony conflicting with such ex parte statement. A deposition or a statement in business or medical records which have been proved up as required by the Rules of Evidence is not an ex parte statement. AGREED GRANTED DENIED WITHDRAWN 9. Testimony of Absent Witness. Any statement or suggestion as to the probable testimony of any witness or alleged witness who is unavailable to testify, or whom the party suggesting such testimony does not in good faith, expect to testify in the trial. If the party is expected to testify by deposition, this provision does not apply to testimony contained in the deposition expected to be offered. AGREED GRANTED DENIED WITHDRAWN 10. Photographs and Visual Aids. Showing any photographs or Visual aids to the jury or displaying same in such manner that the jury or any member thereof can see the same, unless and until the 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. AGREED GRANTED DENIED WITHDRAWN 11. Reguests for Stipulations. Any request or demand in the presence of the jury for a stipulation to any fact, or that counsel admit or deny any fact. AGREED GRANTED DENIED WITHDRAWN 12. Reguests for Files. Any request or demand in the presence of the jury that opposing counsel produce any document or thing, or that opposing counsel or any party or witness exhibit, turnover or allow examination of the contents of any file or briefcase (except that a party may demand to see a document used by a witness on the stand to refresh his/her recollection, or which a witness testifies that he/she has used previously to refresh his/her recollection.) AGREED GRANTED DENIED WITHDRAWN 13. Discrimination. Any argument that a party should be treated more or less favorably because of such party's race, gender, national origin, nationality, religion, marital status, occupation, or financial status (except in the second phase of a bifurcated trial). PLAINTIFF’S MOTION IN LIMINIE Page 3 AGREED GRANTED DENIED WITHDRAWN 14. Social Cost of Award. Any argument or suggestion that an award of damages will affect insurance premiums, the price of any goods or services, or the level of taxation. AGREED GRANTED DENIED WITHDRAWN 15. Golden Rule. Any argument or suggestion that the jurors should put themselves in the position of a party. AGREED GRANTED DENIED WITHDRAWN 16. Effect of Answers t0 Jug Questions. Any argument that any finding or failure to find in response to a particular jury question will or will not result in a judgment favorable to any party. This provision does not bar counsel arguing that a particular jury question should be answered in a particular way. AGREED GRANTED DENIED WITHDRAWN 17. Evidence not Produced in Discovery. Calling any witness, or offering any document in evidence, if such witness or document has not been disclosed in discovery at least 30 days before trial. if a party has a good faith basis to urge that such witness or document should be received either because (a) no discovery request properly called for its disclosure, or (b) good cause existed for failure to timely disclose, such party shall first approach the bench and secure a ruling thereon. AGREED GRANTED DENIED WITHDRAWN 18. Obiections to Evidence not Produced in Discovery. Any objection based on failure to disclose evidence in pre-trial discovery. Any party desiring to urge any such objection shall request to approach the bench and urge such objection outside the hearing of the jury. AGREED GRANTED DENIED WITHDRAWN 19. Attorney Letter of Protection/Attorney Referral: That no mention be made of the manner in which Plaintiff was referred to any treating physician or that any treating physician agreed to treat Plaintiff under an attorney letter of protection. As such information is irrelevant to the facts herein and may be unfairly prejudicial and interfere with the rendering of a fair and equitable verdict in this action. In this connection, Plaintiff claims the attorney-client privilege. AGREED GRANTED DENIED WITHDRAWN 20. Motor Vehicle Accidents: That Plaintiff has been in motor vehicle accidents prior to or subsequent to the motor vehicle accident at issue because such extrinsic evidence is inadmissible under T.R.E. 401, 403, 404, 608 and 609. PLAINTIFF’S MOTION IN LIMINIE Page 4 AGREED GRANTED DENIED WITHDRAWN 21. Tickets: That Plaintiff has been issued tickets prior to or subsequent to the motor vehicle accident at issue because such extrinsic evidence is inadmissible under T.R.E. 401, 403, 404, 608 and 609. AGREED GRANTED DENIED WITHDRAWN 22. Photographs of Motor Vehicles: Any photographs of the vehicles involved in the motor vehicle accident, unless property damage is an issue in this case. AGREED GRANTED DENIED WITHDRAWN 23. Immigration Status: That Defendant's counsel should be prohibited from making any inquiry or reference to any of Plaintiff's immigration status. Such irrelevant to any issue in the case and has no probative value and would not be admissible into evidence pursuant to Rule 401 and 402, Texas Rules of Evidence. Furthermore, any such testimony or other evidence concerning any Plaintiffs immigration status would be substantially outweighed by the danger of unfair prejudice or confusion of the issues in violation of Rule 403, Texas Rules of Evidence. AGREED GRANTED DENIED WITHDRAWN 24. License Suspension: From any reference or inquiry directly or indirectly as to whether or not any party has had any license suspension of any kind or was driving without a license (Tex.R.Civ.Evid. 401-404); Medina vs. Salinas, 736 S.W.2d 224 (Tex.App. - Corpus Christi 1987, writ denied) (trial court properly excluded driver's lack of driver's license because there was not a claim for negligent entrustment and "lack of license does not, as a matter of law, make a driver liable or constitute a proximate cause of a collision"); Miller vs. Jones, Civ App- Dallas 270 S.W. 2d. 303 (Tex.Civ.App. - Dallas 1954, writ refd n.r.e.) (trial court's exclusion of driver‘s failure to have driver's license not error where there was no issue regarding negligent entrustment). AGREED GRANTED DENIED WITHDRAWN 25. Drugs or alcohol: Any mention or suggestion that Plaintiff was under the influence of drugs or alcohol at the time of the occurrence in question. AGREED GRANTED DENIED WITHDRAWN 26. Traffic Offenses: Any mention that Plaintiff has been cited in the past (before the accident in question, or since the accident in question) for traffic offenses or has been involved in any other motor vehicle accidents. (Patterson v. East Texas Motor Freight Lines, 349 S.W. 2d, 634, Tex. Civ. App. - Beaumont, 1961, writ ref. n.r.e.). AGREED GRANTED DENIED WITHDRAWN PLAINTIFF’S MOTION IN LIMINIE Page 5 27. Disclosure Responses: From questioning Plaintiff with regard to Plaintiff‘s Response to Defendant's Request for Disclosure and any supplements, thereto, for the reason that the same is a legal document wherein the responses were prepared by counsel for Defendant pursuant to T.R.C.P. 194.2, and not by Plaintiff. AGREED GRANTED DENIED WITHDRAWN 28. Expert Witnesses: Questioning a Witness designated as an expert as to his or her opinion regarding a matter requiring specialized knowledge, skill, and experience before qualifying said witness as an expert with that field. AGREED GRANTED DENIED WITHDRAWN 29. Exclude Expert Testimony of Persons who are not Experts: That no person or witness be allowed to provide expert testimony if the person does not qualify as an expert on a particular subject. Specifically, Plaintiffs' alleged injuries or alleged damages are not a matter of common knowledge or within the experience of lay persons. Admission of such testimony would be highly prejudicial and confusing under Tex.R.EVid. 403, 702, 703, and 705. AGREED GRANTED DENIED WITHDRAWN 30. Expert Opinion Not Predicated on Correct Principal: That Defendant's counsel not permitted to solicit any opinion or other testimony of any expert, through testimony, records, or otherwise, whose opinions are not predicated upon the correct legal principal. Birchfield v. Texarkana Mem. Hosp, 747 S.W.2d 361, 365 (Tex. 1987). AGREED GRANTED DENIED WITHDRAWN 31. Any reference to, mention of, or questions of any expert witness that he/she, police officer's opinions, knows, believes, or has concluded that any other witness is telling the truth, or any other testimony by a witness regarding his/her opinion of the credibility or truthfiilness of any other witness. Rule 702 of the Texas Rules of Evidence does not permit an expert to give an opinion that the complainant or class of persons to which the complainant belongs is truthful. Yount v. State, 872 S.W. 2d 706, 711-12 (Tex. Crim. App. 1993); Kirpatrick v. State, 747 S.W. 2d 833, 836 (Tex. App. - Dallas 1987, pet. refd). AGREED GRANTED DENIED WITHDRAWN 32. Any statement or reference that the jury use its verdict as a mechanism through which to effect social change or send a message to the other members of the community, including Defendant. Tex. R. Civ. P. 269(e); Westbrook v. General Tire and Rubber Co., 754 F2d 1233 (5th Cir. 1985). AGREED GRANTED DENIED WITHDRAWN PLAINTIFF’S MOTION IN LIMINIE Page 6 Respectfully submitted, RolIeEaton Law 2030 Main St, Ste. 200 Dallas, TX 75201 (214) 742—8897 (214) 637-6872 Fax chade@rbrl.com By Chad W. Eaton State Bar No. 24056666 CERTIFICATE OF SERVICE In accordance with the Texas Rules of Civil Procedure. I certify that a true and correct copy of the foregoing instrument has been provided by e-serVice to counsel of record for Defendant on this the 27th day of March, 2023. By: CHAD W. EATON PLAINTIFF’S MOTION IN LIMINIE Page 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. Diana Salas on behalf of Chad Eaton Bar No. 24056666 dianas@rbrl.com Envelope ID: 74028250 Filing Code Description: Designation Of Expert Witness(es) Filing Description: PLAINTIFF'S Status as of 3/27/2023 11:52 AM CST Case Contacts Name BarNumber Email TimestampSubmitted Status DIANA ABREGO dianas@rbrl.com 3/27/2023 10:27:48 AM SENT Associated Case Party: ALLSTATE FIRE AND CSUALTY INSURANCE COMPANY Name BarNumber Email TimestampSubmitted Status Anthony M.DeGuerre DallasLegal@allstate.com 3/27/2023 10:27:48 AM SENT