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DOCKET NO.: NNH-CV-21-6117634-S : SUPERIOR COURT
CHERYL CHIARI-MCCARTHY : J.D. OF NEW HAVEN
V. : AT NEW HAVEN
EDGARDO HOYOS, ET AL. : OCTOBER 31, 2023
DEFENDANTS' MOTION IN LIMINE TO BAR PLAINTIFF FROM
PRESENTING EVIDENCE THAT INJURIES SUSTAINED IN THE ACCIDENT
IN ISSUE CAUSED THE PLAINTIFF TO UNDERGO KNEE REPLACEMENT
SURGERY
NOW COME the defendants, Edgardo Hoyos and Edahol Independent Distributor,
Inc. ("Edahol"), and respectfully request that this Court issue an order barring the plaintiff
from presenting evidence, and from arguing at trial, that injuries she sustained in the
accident in issue caused her to require a knee replacement surgery, which she underwent
on June 16, 2023. In support of their motion, the defendants state as follows:
1. The plaintiff alleges in her complaint that she was involved in a motor vehicle
accident on October 1, 2019, with a vehicle driven by Edahol’s employee,
Edgardo Hoyos.
2. She alleges that due to injuries to her right knee that she sustained in that accident
Michael P. Connair, M.D., performed a total right knee replacement surgery on
her on June 16, 2022.
3. The plaintiff disclosed records of Dr. Connair on July 19, 2023, July 20, 2023,
August 22, 2023, and August 31, 2023.
4. Dr. Connair’s records suggest that the surgery was performed to address severe
osteoarthritic pain which was not adequately responsive to conservative measures.
5. Dr. Connair’s records do not indicate that he performed the total knee replacement
to address injuries which the plaintiff sustained in the accident in issue.
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6. Trial is less than thirty (30 days out and the plaintiff has not disclosed any expert
who is expected to testify that the knee replacement surgery was a result of
injuries that the plaintiff sustained in the October 1, 2019, accident.
7. Connecticut Practice Book Section 13-4(b)(2) provides as follows:
If the witness to be disclosed hereunder is a healthcare provider who
rendered care or treatment to the plaintiff, and the opinions to be offered
hereunder are based upon the provider's care or treatment, then the
disclosure obligations under this section may be satisfied by disclosure to
the parties of the medical records and reports of such care and treatment. A
witness disclosed under this subsection shall be permitted to offer expert
opinion testimony at trial as to any opinion as to which fair notice is given
in the disclosed medical records or reports. Expert testimony regarding
such opinion as to which fair notice is not given in the disclosed medical
records or reports must be disclosed in accordance with subdivision (1) of
subsection (b) of this section. The parties shall not file the disclosed
medical records or disclosed medical reports with the Court."
8. Dr. Connair’s records which the plaintiff produced do not give fair notice of an
opinion that injuries that the plaintiff sustained in the accident in issue caused the
need for her knee replacement surgery.
WHEREFORE, the defendants respectfully request that this Court issue an order
barring the plaintiff from presenting evidence, and from arguing, at trial that injuries she
sustained in the accident in issue caused her to require knee replacement surgery.
THE DEFENDANTS,
EDGARDO HOYOS and
EDAHOL INDEPENDENT
DISTRIBUTOR, INC.,
By Their Attorney,
/s/ Patrick J. Markey
Patrick J. Markey, Esquire
Markey Barrett, PC
360 Bloomfield Avenue, Suite 301
Windsor, CT 06095
Telephone: (860) 607-3265
Facsimile: (413) 273-7361
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Juris No.: 435739
pmarkey@ markeybarrett.com
CERTIFICATE OF SERVICE
I, Patrick J. Markey, Esquire, hereby certify that a copy of the above was mailed
or electronically delivered on October 30, 2023, to all counsel and pro se parties of record
as follows:
RJWeber@Rjwlawyer.com
Svollero@Rjwlawyer.com
Weber & Rubano, LLC
RJ Weber III, Esq.
401 Center Street
Wallingford, CT 06492
/s/ Patrick J. Markey
Patrick J. Markey, Esquire
Juris No.: 435739
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DOCKET NO.: NNH-CV-21-6117634-S : SUPERIOR COURT CHERYL CHIARI-MCCARTHY : J.D. OF NEW HAVEN V. : AT NEW HAVEN EDGARDO HOYOS, ET AL. : OCTOBER 31, 2023 DEFENDANTS' MOTION IN LIMINE TO BAR PLAINTIFF FROM PRESENTING EVIDENCE THAT INJURIES SUSTAINED IN THE ACCIDENT IN ISSUE CAUSED THE PLAINTIFF TO UNDERGO KNEE REPLACEMENT SURGERY NOW COME the defendants, Edgardo Hoyos and Edahol Independent Distributor, Inc. ("Edahol"), and respectfully request that this Court issue an order barring the plaintiff from presenting evidence, and from arguing at trial, that injuries she sustained in the accident in issue caused her to require a knee replacement surgery, which she underwent on June 16, 2023. In support of their motion, the defendants state as follows: 1. The plaintiff alleges in her complaint that she was involved in a motor vehicle accident on October 1, 2019, with a vehicle driven by Edahol’s employee, Edgardo Hoyos. 2. She alleges that due to injuries to her right knee that she sustained in that accident Michael P. Connair, M.D., performed a total right knee replacement surgery on her on June 16, 2022. 3. The plaintiff disclosed records of Dr. Connair on July 19, 2023, July 20, 2023, August 22, 2023, and August 31, 2023. 4. Dr. Connair’s records suggest that the surgery was performed to address severe osteoarthritic pain which was not adequately responsive to conservative measures. 5. Dr. Connair’s records do not indicate that he performed the total knee replacement to address injuries which the plaintiff sustained in the accident in issue. Page 1 6. Trial is less than thirty (30 days out and the plaintiff has not disclosed any expert who is expected to testify that the knee replacement surgery was a result of injuries that the plaintiff sustained in the October 1, 2019, accident. 7. Connecticut Practice Book Section 13-4(b)(2) provides as follows: If the witness to be disclosed hereunder is a healthcare provider who rendered care or treatment to the plaintiff, and the opinions to be offered hereunder are based upon the provider's care or treatment, then the disclosure obligations under this section may be satisfied by disclosure to the parties of the medical records and reports of such care and treatment. A witness disclosed under this subsection shall be permitted to offer expert opinion testimony at trial as to any opinion as to which fair notice is given in the disclosed medical records or reports. Expert testimony regarding such opinion as to which fair notice is not given in the disclosed medical records or reports must be disclosed in accordance with subdivision (1) of subsection (b) of this section. The parties shall not file the disclosed medical records or disclosed medical reports with the Court." 8. Dr. Connair’s records which the plaintiff produced do not give fair notice of an opinion that injuries that the plaintiff sustained in the accident in issue caused the need for her knee replacement surgery. WHEREFORE, the defendants respectfully request that this Court issue an order barring the plaintiff from presenting evidence, and from arguing, at trial that injuries she sustained in the accident in issue caused her to require knee replacement surgery. THE DEFENDANTS, EDGARDO HOYOS and EDAHOL INDEPENDENT DISTRIBUTOR, INC., By Their Attorney, /s/ Patrick J. Markey Patrick J. Markey, Esquire Markey Barrett, PC 360 Bloomfield Avenue, Suite 301 Windsor, CT 06095 Telephone: (860) 607-3265 Facsimile: (413) 273-7361 Page 2 Juris No.: 435739 pmarkey@ markeybarrett.com CERTIFICATE OF SERVICE I, Patrick J. Markey, Esquire, hereby certify that a copy of the above was mailed or electronically delivered on October 30, 2023, to all counsel and pro se parties of record as follows: RJWeber@Rjwlawyer.com Svollero@Rjwlawyer.com Weber & Rubano, LLC RJ Weber III, Esq. 401 Center Street Wallingford, CT 06492 /s/ Patrick J. Markey Patrick J. Markey, Esquire Juris No.: 435739 Page 3