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FILED
3/14/2022 3:34 PM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Rosa Delacerda DEPUTY
CAUSE NO. DC—20-02088
JACQUELINE MOBLEY IN THE DISTRICT COURT
Plaintiff,
V. 14TH JUDICIAL DISTRICT
MARIA ORTIZ
Defendant. DALLAS COUNTY, TEXAS
DEFENDANT’S MOTION IN LIMINE
TO THE HONORABLE JUDGE OF SAID COURT:
NOW COMES MARIA ORTIZ, hereinafier referred to as "Defendant," and before any
proceedings before the jury, makes and files this MOTION IN LIMINE, and respectfully
moves the Court to instruct Plaintiff and Plaintiff’s counsel to refrain from either directly or
indirectly, upon voir dire examination, opening statement, interrogation of witnesses,
introduction of any evidence, argument, objections before the jury, reading of any portion of the
pleadings, or by any other means or in any other manner, informing the jury, or bringing to the
jury's attention, any of the matters set forth in the numbered paragraphs below, unless and until
such matters have been first called to the attention of the Court, out of the presence and/or
hearing of the jury, and a favorable ruling has been obtained from the Court as to the
admissibility and relevance of any such matters:
l. Insurance. Unless an insurance company is a named Defendant, that the Defendant is or
is not protected, in Whole or in part, by liability insurance, or that defense counsel was
retained by, or all or any part of the costs of defense, or of any resulting judgment, are or
will be paid by an insurance company, or any other matter suggesting an involvement of
any insurance company with the defense of the case.
GRANTED DENIED AGREED
2. J_urors' Connection with Insurance Industrv. Inquiring of potential jurors as to their
present or past employment or connection with the insurance industry, or present or past
connection of any family member with the insurance industry, except that:
Mobley vs. Ortiz PAGE 1
ORDER ON DEFENDANT, MARIA ORTIZ’S, MOTION 1N LIMINE
a) If a potential juror's juror infomation card discloses employment in the insurance
industry, such potential juror may be questioned concerning same.
b) Inquiry may be made of potential jurors concerning their experience (or that of
members of their family), if any, reviewing, adjusting or allowing/disallowing
claims, as long as no express reference is made to "insurance."
GRANTED DENIED AGREED
3. Liability 0r Non-Liability for Judgment. That the named Defendant may or may not
have to pay any resulting judgment.
GRANTED DENIED AGREED
4. Collateral Source. That any portion of the damages sought by Plaintiff have been, or
Will be, paid by any collateral source, including but not limited to:
a) health and accident or 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, provided that the foregoing does not prohibit reference to
unpaid charges of any health care provider who actually testifies for Plaintiff(s)
(or whose medical records are offered by P1aintiff(s)), or to any letter of
protection securing any such charges.
GRANTED DENIED AGREED
5. Retention of Attorney. The time or circumstances under which either party consulted or
retained an attorney provided that if any attorney referred a party to a health care provider
who testifies in the case (or whose medical records are introduced by such party), such
fact may be a subject of inquiry.
GRANTED DENIED AGREED
6. Attorneys' Fees. That any party will have to pay attorneys' fees, or any reference to the
amount or basis of any attorneys' fees, unless a claim for recovery of attorneys‘ fees in the
case will be submitted to the jury.
GRANTED DENIED AGREED
Mobley vs. Ortiz PAGE 2
ORDER ON DEFENDANT, MARIA ORTIZ’S, MOTION 1N LIMINE
Income Tax. That any recovery will or will not be subject to income taxes, in Whole or
in part.
GRANTED DENIED AGREED
Independent Medical Examination. That the Plaintiff offered to, or was or is willing
to, undergo an examination by an independent physician or psychologist.
GRANTED DENIED AGREED
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 that the Court has previously ruled is admissible in the case.
GRANTED DENIED AGREED
10. 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. Amoco Chemicals Corp. vs. Stafford,
663 S.W.2d 147 (Tex. App—Houston [1“ Dist.] 1983, no writ).; TRCE 801(d); TRCE
403.
GRANTED DENIED AGREED
11. Settlement Negotiations or Mediation. Any negotiations, offers or demands with
respect to any attempted settlement or mediation. TRCE 408; Beutel vs. Paul, 741
S.W.2d 510 (Tex. App—Houston [14th Dist] 1987, no writ).
GRANTED DENIED AGREED
12. Discovery Disputes. Any reference to discovery disputes that arose during the
preparation of the case for trial, any position taken by any party with respect thereto, or to
the Court's rulings thereon.
GRANTED DENIED AGREED
13. 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 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.
GRANTED DENIED AGREED
14. 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
Mobley vs. Ortiz PAGE 3
ORDER ON DEFENDANT, MARIA ORTIZ’S, MOTION IN LIMINE
medical records that have been proved up as required by the Rules of Evidence is not an
ex parte statement.
GRANTED DENIED AGREED
15. Testimonv 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. Sanders v. St. Paul Fire & Marine
Ins. Co., 429 S.W.2d 516 (Tex. Civ. App.—Texarkana 1968, writ re’d n.r.e.).
GRANTED DENIED AGREED
16. Failure to Call Witness. Any reference to the failure of an opposing party to call any
witness.
GRANTED DENIED AGREED
17. Hearsay Medical Opinions. Any hearsay statement offered for the truth of the
statement by an allegedly injured person concerning any diagnosis or medical opinions
communicated to such person by a physician or other health care provider. Such would
be an attempt to introduce before the jury expert testimony without a proper predicate
concerning the expert’s qualifications and abilities to give such testimony.
GRANTED DENIED AGREED
18. Photographs and Visual Aitfi Showing any documents, 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.
GRANTED DENIED AGREED
19. Requests 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.
GRANTED DENIED AGREED
20. Reguests for Files. Any request or demand in the presence of the jury that opposing
counsel produce any document or thing, or that opposing counselor any party or Witness
exhibit, turn over 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 that a witness testifies that he/she has used previously to refresh
his/her recollection).
GRANTED DENIED AGREED
Mobley vs. Ortiz PAGE 4
ORDER ON DEFENDANT, MARIA ORTIZ’S, MOTION IN LIMINE
21. 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).
GRANTED DENIED AGREED
22. 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.
GRANTED DENIED AGREED
23. Hardship or Privation. Any argument or suggestion that a failure to award damages
will cause a Plaintiff’s privation or financial hardship.
GRANTED DENIED AGREED
24. Golden Rule. Any argument or suggestion that the jurors should put themselves in the
position of a party. World Wide Tire C0. vs. Brown, 644 S.W.2d 144 (Tex. App.-
Houston [14th Dist.] 1982, writ ref’d n.r.e.).
GRANTED DENIED AGREED
25. Counsel’s Opinion of Credibility. Any expression of counsel's personal opinion
regarding the credibility of any witness. Wallace vs. Liberty Mutual Ins. C0., 413 S.W.2d
787, 790 (Tex. Civ. App—Houston 1967, writ ref’d n.r.e.).
GRANTED DENIED AGREED
26. Effect of Answers to Jurv 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 argument by counsel that a particular jury
question should be answered in a particular way. Cooper vs. Argonaut Insurance C0.,
430 S.W. 2d. 35 (Tex. Civ. App—Dallas 1968, writ ref’d n.r.e.). Such argument is
improper under the Texas special verdict system because it advises the jury of the effect
of its answers.
GRANTED DENIED AGREED
27. Evidence Not Produced in Discovery Response to a Proper Request. Calling any
witness, or offering any document in evidence, if the identity of such witness or the
document has not been disclosed in response to a proper discovery request. 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 timely to disclose, such party shall first approach the bench and secure
a ruling thereon. Counsel are advised that to the extent possible or predictable, such
matters should be addressed and a ruling sought at pretrial once the case is assigned for
Mobley vs. Ortiz PAGE 5
ORDER ON DEFENDANT, MARIA ORTIZ’S, MOTION 1N LIMINE
trial. City 0f San Antonio vs. Fulchern 749 S.W.2d 217, 220 (Tex. App—San Antonio
1988, writ den). TRCP 215.
GRANTED DENIED AGREED
28. Obiections to Evidence Not Produced in Discoverv. 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. To the extent possible or predictable, such matters should be addressed and a ruling
sought at pretrial once the case is assigned for trial, although the objection may be urged
for the record outside the hearing of the jury at the time such evidence is offered in the
event the Court has overruled the objection at pretrial.
GRANTED DENIED AGREED
29. Experts not Designated. Calling any expert to testify at trial, other than the experts
expressly identified in response to Defendant’s Request for Disclosure. TRCP 194 and
195; Trabell vs. Patton, 582 S.W. 2d 606 (Tex. Civ. App-Tyler 1979, no writ).
GRANTED DENIED AGREED
30. Qualifying Expert Witness. Calling any witness to testify as an expert without having
first been qualified as an expert for those matters which were disclosed in response to
Request for Disclosure. In addition, prior to the expert stating any opinion he must be
required to disclose the underlying facts or data which forms his “expert" opinion
pursuant to Rule 705 of the Texas Rules of Evidence.
GRANTED DENIED AGREED
31. Prior Automobile Accidents. Any inquiry into or disclosing that the Defendant has
been involved in any prior or subsequent automobile accident. Any testimony regarding
previous or subsequent accidents is irrelevant and far too prejudicial to discuss before the
jury.
GRANTED DENIED AGREED
32. Prior Speeding Tickets. Any inquiry into or disclosing that the Defendant has ever been
issued any speeding tickets prior to or subsequent to this accident. As the Texas Supreme
Court wrote in Missouri-Kansas—Texas Railroad C0. vs. May, 600 S.W.2d. 755 (Tex.
1980), “as a general rule, evidence of similar acts is inadmissible on the issue of whether
someone was a negligent in doing or not doing a particular act."
GRANTED DENIED AGREED
33. Available Assets. Any inquiry into or reference to the assets Defendant has available for
investigating, preparing and defending this cause. First Nat ’l Bank of Marshall vs.
Beavers, 619 S.W.2d 288 (Tex. Civ. App.—Texarkana 1981, writ refid n.r.e.); Wimoth
Mobley vs. Ortiz PAGE 6
ORDER ON DEFENDANT, MARIA ORTIZ’S, MOTION 1N LIMINE
vs. Limestone Prods. C0., 255 S.W.2d 532, 534 (Tex. App—Waco 1953, writ ref’d
n.r.e.).
GRANTED DENIED AGREED
34. Existence of Motion in Limine. Any reference to this Motion in Limine being filed or
that all or any portion of the relief requested herein has been granted or denied. Burdick
vs. York Oil Co., 364 S.W.2d 766 (Tex. CiV. App.—San Antonio 1963, writ ref’d n.r.e.).
GRANTED DENIED AGREED
35. Privileged Information. Any inquiry or discussion regarding matters protected by the
work product doctrine and the party communications privilege. Specifically, examination
regarding the preparation and review of documents or information generated or
accumulated after anticipation of litigation.
GRANTED DENIED AGREED
36. Investigative Officer’s Opinion. Any inquiry or reference to the fact that the
investigative officer has formed an opinion or determined a cause of the accident or that
one of the drivers was at fault until the qualifications of the officer has been established.
Pilgrim’s Pride Corp. vs. Smoak, 134 S.W. 3rd 880, (Tex. App.—Texarkana, 2004, pet.
denied) (investigating officer's testimony on accident causation was required to be given
by a qualified person in science of accident reconstruction.) See also DeLarue vs. State,
102 S.W.3d 388, Tex. App—Houston, [14th Dist.] 2003; and Ter-Vartanyan vs. R&R
Freight, Ina, 111 S.W. 3rd 779, Tex. App—Dallas, 2003, pet. denied).
GRANTED DENIED AGREED
37. Superseded Pleadings. The contents of any pleadings which have been superseded by
the current pleadings on file in this case. Zock vs. Bank of the Southwest National
Association, Houston, 464 S.W.2d 375 (Tex. Civ. App—Houston [14th Dist] 1971, no
writ).
GRANTED DENIED AGREED
38. Calculation of Economic Damages. Plaintiff be prohibited from introducing any
evidence, offering any testimony, or making any argument regarding economic damages.
Pursuant to TRCP 194.2, Plaintiff is required to disclose the amount and method of
calculating economic damages. Pursuant to TRCP 193.6, information and material not
disclosed through discovery may not be introduced into evidence.
GRANTED DENIED AGREED
39. Religious Practices/Beliefs. Any mention of a party or witness’s religious affiliation or
activities. Evidence of religious beliefs of a witness is not admissible to enhance or
repair credibility. TRCE 610.
Mobley vs. Ortiz PAGE 7
ORDER ON DEFENDANT, MARIA ORTIZ’S, MOTION 1N LIMINE
GRANTED DENIED AGREED
40. Statements of Law. Counsel be prohibited from making any statement of the law other
than that regarding the burden of proof and the basic legal definitions before the Charge
conference.
GRANTED DENIED AGREED
41. Any reference to any request, either made in the past or made either at trial or prior to
trial, for personal financial records or appointment books from an expert witness because
such documents are generally not discoverable to demonstrate bias of a nonparty Witness.
GRANTED DENIED AGREED
Respectfully submitted,
LISA CHASTAIN & ASSOCIATES
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LAUREN M. LAWRENCE
TBN: 24098594
P.O. Box 655441
Dallas, TX 75265
E-Service Only: DallasLegal@allstate.com
(214) 765-3890
(877) 678-4763 (fax)
ATTORNEY FOR DEFENDANT
MARIA ORTIZ
Mobley vs. Ortiz PAGE 8
ORDER ON DEFENDANT, MARIA ORTIZ’S, MOTION 1N LIMINE
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing has been served in
compliance with Rules 21 and 21a of the Texas Rules of Civil Procedure on the 14th day of
March, 2022, to:
ROLLE LAW
Heather V. Banahan Nease
State Bar No. 24090959
2030 Main Street, Suite 200
Dallas, Texas 75201
heathern@rbrl.com
Tel: (214) 742-8897
Fax: (214) 637-6872
ATTORNEY FOR PLAINTIFF
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LAUREN M. LAWRENCE
Mobley vs. Ortiz PAGE 9
ORDER ON DEFENDANT, MARIA ORTIZ’S, MOTION 1N LIMINE
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.
Lauren Lawrence on behalf of Lauren Lawrence
Bar No. 24098594
Lauren.Lawrence@allstate.com
Envelope ID: 62589160
Status as of 3/15/2022 8:16 AM CST
Case Contacts
Name BarNumber Email TimestampSubmitted Status
LARRY ROLLE Iarryr@rbrl.com 3/14/2022 3:34:15 PM SENT
Associated Case Party: JACQUELINE MOBLEY
Name BarNumber Email TimestampSubmitted Status
Heather V.Banahan Nease heathern@rbrl.com 3/14/2022 3:34:15 PM SENT