On March 06, 2019 a
Motion-Secondary
was filed
involving a dispute between
Hyle, John,
and
Aguilar, Elia M,
Rodriguez, Arianna Athena,
Rodriguez, Arianne Athena,
Rodriguez, David J,
for PI Motor Vehicle
in the District Court of San Bernardino County.
Preview
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ILED
SUPERIOR COURT OF CI‘LIFJR-‘a’A
COUNTY 0F SAN BERNARDINO
TRACY W. GOLDBERG, State Bar No. 128681 SAN BERMARDINO Dl'o‘TRicT
BRADLEY R. BLAMIRES, State Bar No. 146106
KEITH L. SHOJI & ASSOCIATES NOV 3 O 2022
ATTORNEYS AT LAW
Employees of the Law Department
State Farm Mutual Automobile Insurance BY ...........22§’.W "21"... - .-
Company ,.
1600 Iowa Avenue, Suite 200 2 5 DE? .H'Y
Riverside, California 92507-7425
(951)328-2000 Fax: (855)811-3889
Shoii@statefarm.com
Attorneys for Defendants, Arianne Athena Rodriguez, David J. Rodriguez
and Elia Aguilar
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SAN BERNARDINO
JOHN HYLE, No.: CIVDS 1907037
Plaintiff,
v. OPPOSITION TO MOTION IN
LIMINE NO. 2 TO EXCLUDE
ARIANNA ATHENA RODRIGUEZ, DOCUMENTS OBTAINED BY
DAVID J. RODRIGUEZ, ELIA M. THE DEFENSE RELATED TO
AGUILAR, PLAINTIFF FROM REDLANDS
POLICE DEPARTMENT;
Defendants. MEMORANDUM OF POINTS
AND AUTHORITIES;
DECLARATION OF BRADLEY
R. BLAMIRES
Complaint Filed: 03/06/19
Trial Date: 12/5/22
Defendants Arianne Athena Rodriguez, David J. Rodriguez, and
Elia Aguilar respectfully submit the following Memorandum of Points and
Authorities in opposition to plaintiff’s Motion in Limine No. 2 to exclude
documents obtained by defense related to plaintiff from Redlands Police
Department.
///
///
///
///
_ 1 _
OPPOSITION TO MOTION IN LIMINE NO. 2
_EMORANQUM OF POINTS ANLAUTHORIE
l.
FACTS CONTAIfiD WITHIN TRAFFIC COQSION RJEPORTS
CONSTITUTE RwANT AND ADMISSIBLE EVIDENCE
A. Pertinent Facts
This case involves a minor, low speed motor vehicle accident that
occurred on March 22, 2017. Police were summoned and a Traffic
Collision Report was prepared. On the day of the accident, plaintiff was
seen at the Redlands Community Hospital Emergency Department. He
reported that he had undergone complete right shoulder replacement
surgery 19 days earlier. He complained of “new" right shoulder and
upper arm pain. An x-ray of the right shoulder showed no fracture and no
change in the hardware with stable alignment. At that time, plaintiff
denied sustaining any head trauma, neck, or abdominal pain.
In addition to the purported aggravation of his pre-existing right
shoulder injury, plaintiff now claims that the subject accident caused a
cervical strain, thereby delaying his ability to perform physical therapy,
which in turn delayed his recovery from his prior right shoulder surgery.
By way of his motion in limine no. 2, plaintiff seeks to exclude
evidence contained within two traffic collision reports, which confirm that
he was involved in two other motor vehicle accidents, one occurring on
June 10, 2015 and the second occurring on April 26, 2019. Each report
details the place of the accidents, the surrounding circumstances, and
the injuries plaintiff claimed at the scene. The latter report, for example,
references plaintiff complaining of back pain at the time. It makes no
mention of plaintiff complaining of any ongoing pain or injury to his right
shoulder. It makes no mention of any ongoing cervical complaints.
Redacted copies of the relevant Traffic Collision Reports are attached as
_ _
2
OPPOSITION TO MOTION IN LIMINE NO. 2
Document Filed Date
November 30, 2022
Case Filing Date
March 06, 2019
Category
PI Motor Vehicle
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" "- ffi 33“}; U -~ ILED SUPERIOR COURT OF CI‘LIFJR-‘a’A COUNTY 0F SAN BERNARDINO TRACY W. GOLDBERG, State Bar No. 128681 SAN BERMARDINO Dl'o‘TRicT BRADLEY R. BLAMIRES, State Bar No. 146106 KEITH L. SHOJI & ASSOCIATES NOV 3 O 2022 ATTORNEYS AT LAW Employees of the Law Department State Farm Mutual Automobile Insurance BY ...........22§’.W "21"... - .- Company ,. 1600 Iowa Avenue, Suite 200 2 5 DE? .H'Y Riverside, California 92507-7425 (951)328-2000 Fax: (855)811-3889 Shoii@statefarm.com Attorneys for Defendants, Arianne Athena Rodriguez, David J. Rodriguez and Elia Aguilar SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN BERNARDINO JOHN HYLE, No.: CIVDS 1907037 Plaintiff, v. OPPOSITION TO MOTION IN LIMINE NO. 2 TO EXCLUDE ARIANNA ATHENA RODRIGUEZ, DOCUMENTS OBTAINED BY DAVID J. RODRIGUEZ, ELIA M. THE DEFENSE RELATED TO AGUILAR, PLAINTIFF FROM REDLANDS POLICE DEPARTMENT; Defendants. MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF BRADLEY R. BLAMIRES Complaint Filed: 03/06/19 Trial Date: 12/5/22 Defendants Arianne Athena Rodriguez, David J. Rodriguez, and Elia Aguilar respectfully submit the following Memorandum of Points and Authorities in opposition to plaintiff’s Motion in Limine No. 2 to exclude documents obtained by defense related to plaintiff from Redlands Police Department. /// /// /// /// _ 1 _ OPPOSITION TO MOTION IN LIMINE NO. 2 _EMORANQUM OF POINTS ANLAUTHORIE l. FACTS CONTAIfiD WITHIN TRAFFIC COQSION RJEPORTS CONSTITUTE RwANT AND ADMISSIBLE EVIDENCE A. Pertinent Facts This case involves a minor, low speed motor vehicle accident that occurred on March 22, 2017. Police were summoned and a Traffic Collision Report was prepared. On the day of the accident, plaintiff was seen at the Redlands Community Hospital Emergency Department. He reported that he had undergone complete right shoulder replacement surgery 19 days earlier. He complained of “new" right shoulder and upper arm pain. An x-ray of the right shoulder showed no fracture and no change in the hardware with stable alignment. At that time, plaintiff denied sustaining any head trauma, neck, or abdominal pain. In addition to the purported aggravation of his pre-existing right shoulder injury, plaintiff now claims that the subject accident caused a cervical strain, thereby delaying his ability to perform physical therapy, which in turn delayed his recovery from his prior right shoulder surgery. By way of his motion in limine no. 2, plaintiff seeks to exclude evidence contained within two traffic collision reports, which confirm that he was involved in two other motor vehicle accidents, one occurring on June 10, 2015 and the second occurring on April 26, 2019. Each report details the place of the accidents, the surrounding circumstances, and the injuries plaintiff claimed at the scene. The latter report, for example, references plaintiff complaining of back pain at the time. It makes no mention of plaintiff complaining of any ongoing pain or injury to his right shoulder. It makes no mention of any ongoing cervical complaints. Redacted copies of the relevant Traffic Collision Reports are attached as _ _ 2 OPPOSITION TO MOTION IN LIMINE NO. 2