Preview
Electronically Submitted
11/8/2023 4:05 PM
Hidalgo County Clerk
Accepted by: Brianda Lynette Hernandez
CAUSE N0. CL—l 9-460 1 -A
RICARDO AGUILERA § 1N THE COUNTY COURT
Plaintiff §
§
vs § AT LAW NO. 1
§
OTTMAR CANO §
Defendant § HIDALGO COUNTY, TEXAS
PLAINTIFF’S MOTION IN LIMINE
TO THE HONORABLE JUDGE OF SAID COURT:
Before the voir dire examination has begun, before any opening statements are made, and
before the introduction of any evidence, Plaintiff request that the Court instruct all parties,
attorneys, and witnesses not to mention through interrogation, voir dire examination, opening
statement, argument to the jury or to the Court, either directly or indirectly, any of the matters
which are set forth in this motion, Without first approaching the bench, and obtaining a ruling
from the Court, outside the presence and hearing of all prospective jurors and the jurors
impaneled to hear the case, with regard to the matters listed in this motion. Plaintiff further
request that all attorneys be instructed to apprise their clients and witnesses of the contents of this
motion, to the end that it not be inadvertently violated.
1. That this motion has been filed and ruled upon by the Court.
2.
AGREED _______ SUSTAINED _ OVERRULED _________
That defense counsel pose no “commitment” questions in voir dire which ask potential
jurors t0 determine the weight to be given (or not to be given) a particular fact or set of
relevant facts, or questions which attempt to commit them to particular view based on
selected facts or evidence disclosed by counsel.
AGREED SUSTAINED OVERRULED
Electronically Submitted
11/8/2023 4:05 PM
Hidalgo County Clerk
Accepted by: Brianda Lynette Hernandez
Any suggestion by the defense that any person who pays The filing fee may file a lawsuit.
Such an assertion trivializes the legal process, and unfairly implies that Plaintiff’s claims
are frivolous.
AGREED w__ SUSTAINED ____ OVERRULED ____
The amount of any settlement demands or offers made by the parties.
AGREED _ SUSTAINED _ OVERRULED __
That defense counsel make n0 suggestion 0r insinuation that Plaintiff s case or her
damages are “attorney driven” (or otherwise insinuate that their counsel has orchestrated
or directed their medical treatment, or attempted to inflate or magnify their damages) for
the reason that such a claim is merely a misdirected, personal attack on Plaintiffs
counsel.
AGREED __ SUSTAINED __ OVERRULED __
That the defenses not argue, suggest, or infer that Plaintiff files this lawsuit “for the
money” or that they are playing the “lawsuit lottery” or otherwise seeking a windfall.
AGREED ____ SUSTAINED _ OVERRULED ___
That no Witness or counsel make reference to Plaintist fee agreement With counsel.
AGREED _m_ SUSTAINED ____ OVERRULED
when
_
Any questions of Plaintiff relating to Plaintiff first consulted with counsel and
Whether not 0r counsel referred them to a medical provider. Asking Plaintiff when she
first consulted With counsel (to discuss the accident and a cause of action for damages)
requires at least some disclosure of privileged communications between attorney and
client. Furthermore, asking them if counsel referred them to a doctor or chiropractor, or
Electronically Submitted
11/8/2023 4:05 PM
Hidalgo County Clerk
Accepted by: Brianda Lynette Hernandez
even asking them if they went to the attorney or doctor first, will require disclosure of
privileged cofilmunications between attorney and clients.
AGREED __ SUSTAINED ___ OVERRULED ____
That the defense not mention or suggest that any of Plaintiff s medical providers
fiJrnished medical services to them under a “letter of protection” or similar financial
arrangement, or infer that their counsei has a “deal” with any medical providers Who
treated them, for the reason that the prejudicial effect of any such inference or suggestion
far out-weighs its probative value.
AGREED ___ SUSTAINED F OVERRULED ____
10. That Plaintiff has received, has been entitled to receive, will receive, or will become
entitled to receive, benefits of any kind or character fiom a collateral source, including
but not limited to the following collateral source benefits:
a. health insurance;
b. disability payments;
c. a pension or other retirement benefits;
d. benefits from Medicare or Medicaid;
e. benefits from Social Security;
11.
AGREED _ SUSTAINED ___ OVERRULED ___
That the defense asks no lay witness, who was not present at the time of the accident,
to make speculative conclusions about the cause of the accident.
AGREED SUSTAINED OVERRULED
Electronically Submitted
11/8/2023 4:05 PM
Hidalgo County Clerk
Accepted by: Brianda Lynette Hernandez
12. That Plaintiff has been invoived in any other accidents, or have suffered any injury or
illness, which the defense cannot medically associate, and relate to their injuries made the
subj ect of this case.
AGREED ____ SUSTAINED __ OVERRULED ___
13. Defense counsel’s personal opinion of Plaintiffs’ credibility or the credibility of any of
their Witnesses.
AGREED ___ SUSTAINED __ OVERRULED __
14. Any attempt in the presence of the jury to ask counsel to produce documents, stipulate to
any fact, or make any agreement.
AGREED ___ SUSTAINED __ OVERRULED ___
15. That should the defense Wish to introduce any model or photographs or motion picture
film into evidence, that the same be tendered to Court and counsel, outside the presence
of the jury, to determine its relevance and suitability for introduction into evidence prior
to and before informing the jury as to its existence or its tender into evidence by the
defense.
AGREED ___ SUSTAINED ___ OVERRULED "—
16. The contents of any pleadings which have been superseded by the current pleadings on
file in this case.
17.
AGREED ___ SUSTAINED
That Plaintiff’s responses
m
to
OVERRULED ___
defendant’s discovery requests were amended,
supplemented, or changed.
AGREED SUSTAINED OVERRULED
Electronically Submitted
11/8/2023 4:05 PM
Hidalgo County Clerk
Accepted by: Brianda Lynette Hernandez
18. Any reference or suggestion implying that Plaintiff failed to fully comply with all
discovery requests made by the defense.
AGREED ___ SUSTAINED ____ OVERRULED ___
19. Any reference t0 discovery disputes that arose during preparation of the case for trial;
any position taken by any party with respect thereto 0r the Court’s rulings thereon.
AGREED ____ SUSTAINED ____ OVERRULED _
20. That Plaintiff did not call t0 testify any witness equally available to both parties.
AGREED __ SUSTAINED __ OVERRULED ___
21. Any mention of the probable testimony of a witness who is absent, unavailable, not called
to testify, or not allowed to testify in this case.
22.
AGREED __ SUSTAINED ____ OVERRULED _
That the defense has been prohibited from offering any testimony or evidence because
the Coun sustained Plaintiff’s obj ection. This would invite the jury to speculate 0n What
the exciuded testimony or evidence would have been or would incorrectly imply that
Plaintiffs inappropriately attempted to limit or bar proper proof in this case.
AGREED _ SUSTAINED ________ OVERRULED ___
23. Any statement of the law by defense counsel, other than that regarding the burden of
proof and basic legal definitions, before the Court rules on the law applicable to this case.
AGREED __ SUSTAINED ___ OVERRULED ___
24. Any argument by defense counsel that any finding or failure to find in response to a
particular jury questions Will or Will not result in a judgment favorable to any party.
25.
AGREED __ SUSTAINED _ OVERRULED _
That any verdict returned by the jury would be subj ect to prejudgment interest.
Electronically Submitted
11/8/2023 4:05 PM
Hidalgo County Clerk
Accepted by: Brianda Lynette Hernandez
AGREED ___ SUSTAINED ____ OVERRULED m
26. That n0 argument or suggestion be made that judgment in Plaintiff favor may result in an
increase in prices or the cost of doing business, 0r cause insurance premiums to increase,
or contribute to an insurance or litigation crisis.
AGREED __ SUSTAINED ____ OVERRULED ___
27. That the jury is the “conscious of the community” or other pleas intended to invoke a
sense of community loyalty, duty, and expectation on the part of the jury.
28.
AGREED _______ SUSTAINED _ OVERRULED _________
That no witness or counsel makes a reference to Plainfist immigration status in the
United States.
AGREED SUSTAINED OVERRULED
WHEREFORE, Plaintiffs asks the Court to instruct defendant and defense counsel not to
mention, refer to, interrogate about or attempt to convey to the jury in any manner either directly
or indirectly any of these matters without first obtaining the permission 0f the Court outside the
presence and hearing of the jury, and further instruct defendants and all counsel to warn and
caution each of their witnesses to follow the same instructions.
W
Respectfully submitted,
LAW OFFICES OF EZEQUIEL REYNA, JR., P.C.
9254.4“-
Graciela Orellana
State Bar No. 24085450
702 W. Expressway 83, Suite 100
Weslaco, Texas 78596
Telephone: (956) 968-9556
Facsimile: (956) 969-4171
Email: gaeie@zreynalaw.com
ATTORNEY FOR PLAINTIFF
Electronically Submitted
11/8/2023 4:05 PM
Hidalgo County Clerk
Accepted by: Brianda Lynette Hernandez
CERTIFICATE OF SERVICE
A and correct copy of the Plaintiffs Motion for Limine List has been
true s ed on
Defendant’s counsel of record pursuant t0 the Texas Rules of Civil Procedure on this y -
day of
November 2023, in the manner indicated below:
Via E-service
Roberto Colegio
Martinez, Dieterich & Zarcone Legal Group
11900 North 26th St, Suite 200
Edinburg, Texas 78539
Telephone: (956) 289-2199
Facsimile: (956) 393-2699
Email: colegio@mdzlegalgroup.law
Graciela Orellana
Attorney
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.
Linda San Miguel on behalf of Graciela Orellana
Bar No. 24085450
lsmiguel@zreynalaw.com
Envelope ID: 81449459
Filing Code Description: No Fee Documents
Filing Description: Plaintiff's Witness List
Status as of 11/8/2023 4:40 PM CST
Case Contacts
Name BarNumber Email TimestampSubmitted Status
GRACIE @ZREYNALAW.COM GRACIE@ZREYNALAW.COM 11/8/2023 4:05:28 PM SENT
Esmeralda RYbarra erybarra@zreynalaw.com 11/8/2023 4:05:28 PM SENT
Shayla NicoleRamos shayla21@zreynalaw.com 11/8/2023 4:05:28 PM ERROR
Rudy Limas rudy@zreynalaw.com 11/8/2023 4:05:28 PM ERROR
Associated Case Party: OTTMAR CANO
Name BarNumber Email TimestampSubmitted Status
yvonne rosa rosa@mdzlegalgroup.law 11/8/2023 4:05:28 PM SENT
Roberto Colegio colegio@mdzlegalgroup.law 11/8/2023 4:05:28 PM SENT
Preview
Electronically Submitted 11/8/2023 4:05 PM Hidalgo County Clerk Accepted by: Brianda Lynette Hernandez CAUSE N0. CL—l 9-460 1 -A RICARDO AGUILERA § 1N THE COUNTY COURT Plaintiff § § vs § AT LAW NO. 1 § OTTMAR CANO § Defendant § HIDALGO COUNTY, TEXAS PLAINTIFF’S MOTION IN LIMINE TO THE HONORABLE JUDGE OF SAID COURT: Before the voir dire examination has begun, before any opening statements are made, and before the introduction of any evidence, Plaintiff request that the Court instruct all parties, attorneys, and witnesses not to mention through interrogation, voir dire examination, opening statement, argument to the jury or to the Court, either directly or indirectly, any of the matters which are set forth in this motion, Without first approaching the bench, and obtaining a ruling from the Court, outside the presence and hearing of all prospective jurors and the jurors impaneled to hear the case, with regard to the matters listed in this motion. Plaintiff further request that all attorneys be instructed to apprise their clients and witnesses of the contents of this motion, to the end that it not be inadvertently violated. 1. That this motion has been filed and ruled upon by the Court. 2. AGREED _______ SUSTAINED _ OVERRULED _________ That defense counsel pose no “commitment” questions in voir dire which ask potential jurors t0 determine the weight to be given (or not to be given) a particular fact or set of relevant facts, or questions which attempt to commit them to particular view based on selected facts or evidence disclosed by counsel. AGREED SUSTAINED OVERRULED Electronically Submitted 11/8/2023 4:05 PM Hidalgo County Clerk Accepted by: Brianda Lynette Hernandez Any suggestion by the defense that any person who pays The filing fee may file a lawsuit. Such an assertion trivializes the legal process, and unfairly implies that Plaintiff’s claims are frivolous. AGREED w__ SUSTAINED ____ OVERRULED ____ The amount of any settlement demands or offers made by the parties. AGREED _ SUSTAINED _ OVERRULED __ That defense counsel make n0 suggestion 0r insinuation that Plaintiff s case or her damages are “attorney driven” (or otherwise insinuate that their counsel has orchestrated or directed their medical treatment, or attempted to inflate or magnify their damages) for the reason that such a claim is merely a misdirected, personal attack on Plaintiffs counsel. AGREED __ SUSTAINED __ OVERRULED __ That the defenses not argue, suggest, or infer that Plaintiff files this lawsuit “for the money” or that they are playing the “lawsuit lottery” or otherwise seeking a windfall. AGREED ____ SUSTAINED _ OVERRULED ___ That no Witness or counsel make reference to Plaintist fee agreement With counsel. AGREED _m_ SUSTAINED ____ OVERRULED when _ Any questions of Plaintiff relating to Plaintiff first consulted with counsel and Whether not 0r counsel referred them to a medical provider. Asking Plaintiff when she first consulted With counsel (to discuss the accident and a cause of action for damages) requires at least some disclosure of privileged communications between attorney and client. Furthermore, asking them if counsel referred them to a doctor or chiropractor, or Electronically Submitted 11/8/2023 4:05 PM Hidalgo County Clerk Accepted by: Brianda Lynette Hernandez even asking them if they went to the attorney or doctor first, will require disclosure of privileged cofilmunications between attorney and clients. AGREED __ SUSTAINED ___ OVERRULED ____ That the defense not mention or suggest that any of Plaintiff s medical providers fiJrnished medical services to them under a “letter of protection” or similar financial arrangement, or infer that their counsei has a “deal” with any medical providers Who treated them, for the reason that the prejudicial effect of any such inference or suggestion far out-weighs its probative value. AGREED ___ SUSTAINED F OVERRULED ____ 10. That Plaintiff has received, has been entitled to receive, will receive, or will become entitled to receive, benefits of any kind or character fiom a collateral source, including but not limited to the following collateral source benefits: a. health insurance; b. disability payments; c. a pension or other retirement benefits; d. benefits from Medicare or Medicaid; e. benefits from Social Security; 11. AGREED _ SUSTAINED ___ OVERRULED ___ That the defense asks no lay witness, who was not present at the time of the accident, to make speculative conclusions about the cause of the accident. AGREED SUSTAINED OVERRULED Electronically Submitted 11/8/2023 4:05 PM Hidalgo County Clerk Accepted by: Brianda Lynette Hernandez 12. That Plaintiff has been invoived in any other accidents, or have suffered any injury or illness, which the defense cannot medically associate, and relate to their injuries made the subj ect of this case. AGREED ____ SUSTAINED __ OVERRULED ___ 13. Defense counsel’s personal opinion of Plaintiffs’ credibility or the credibility of any of their Witnesses. AGREED ___ SUSTAINED __ OVERRULED __ 14. Any attempt in the presence of the jury to ask counsel to produce documents, stipulate to any fact, or make any agreement. AGREED ___ SUSTAINED __ OVERRULED ___ 15. That should the defense Wish to introduce any model or photographs or motion picture film into evidence, that the same be tendered to Court and counsel, outside the presence of the jury, to determine its relevance and suitability for introduction into evidence prior to and before informing the jury as to its existence or its tender into evidence by the defense. AGREED ___ SUSTAINED ___ OVERRULED "— 16. The contents of any pleadings which have been superseded by the current pleadings on file in this case. 17. AGREED ___ SUSTAINED That Plaintiff’s responses m to OVERRULED ___ defendant’s discovery requests were amended, supplemented, or changed. AGREED SUSTAINED OVERRULED Electronically Submitted 11/8/2023 4:05 PM Hidalgo County Clerk Accepted by: Brianda Lynette Hernandez 18. Any reference or suggestion implying that Plaintiff failed to fully comply with all discovery requests made by the defense. AGREED ___ SUSTAINED ____ OVERRULED ___ 19. Any reference t0 discovery disputes that arose during preparation of the case for trial; any position taken by any party with respect thereto 0r the Court’s rulings thereon. AGREED ____ SUSTAINED ____ OVERRULED _ 20. That Plaintiff did not call t0 testify any witness equally available to both parties. AGREED __ SUSTAINED __ OVERRULED ___ 21. Any mention of the probable testimony of a witness who is absent, unavailable, not called to testify, or not allowed to testify in this case. 22. AGREED __ SUSTAINED ____ OVERRULED _ That the defense has been prohibited from offering any testimony or evidence because the Coun sustained Plaintiff’s obj ection. This would invite the jury to speculate 0n What the exciuded testimony or evidence would have been or would incorrectly imply that Plaintiffs inappropriately attempted to limit or bar proper proof in this case. AGREED _ SUSTAINED ________ OVERRULED ___ 23. Any statement of the law by defense counsel, other than that regarding the burden of proof and basic legal definitions, before the Court rules on the law applicable to this case. AGREED __ SUSTAINED ___ OVERRULED ___ 24. Any argument by defense counsel that any finding or failure to find in response to a particular jury questions Will or Will not result in a judgment favorable to any party. 25. AGREED __ SUSTAINED _ OVERRULED _ That any verdict returned by the jury would be subj ect to prejudgment interest. Electronically Submitted 11/8/2023 4:05 PM Hidalgo County Clerk Accepted by: Brianda Lynette Hernandez AGREED ___ SUSTAINED ____ OVERRULED m 26. That n0 argument or suggestion be made that judgment in Plaintiff favor may result in an increase in prices or the cost of doing business, 0r cause insurance premiums to increase, or contribute to an insurance or litigation crisis. AGREED __ SUSTAINED ____ OVERRULED ___ 27. That the jury is the “conscious of the community” or other pleas intended to invoke a sense of community loyalty, duty, and expectation on the part of the jury. 28. AGREED _______ SUSTAINED _ OVERRULED _________ That no witness or counsel makes a reference to Plainfist immigration status in the United States. AGREED SUSTAINED OVERRULED WHEREFORE, Plaintiffs asks the Court to instruct defendant and defense counsel not to mention, refer to, interrogate about or attempt to convey to the jury in any manner either directly or indirectly any of these matters without first obtaining the permission 0f the Court outside the presence and hearing of the jury, and further instruct defendants and all counsel to warn and caution each of their witnesses to follow the same instructions. W Respectfully submitted, LAW OFFICES OF EZEQUIEL REYNA, JR., P.C. 9254.4“- Graciela Orellana State Bar No. 24085450 702 W. Expressway 83, Suite 100 Weslaco, Texas 78596 Telephone: (956) 968-9556 Facsimile: (956) 969-4171 Email: gaeie@zreynalaw.com ATTORNEY FOR PLAINTIFF Electronically Submitted 11/8/2023 4:05 PM Hidalgo County Clerk Accepted by: Brianda Lynette Hernandez CERTIFICATE OF SERVICE A and correct copy of the Plaintiffs Motion for Limine List has been true s ed on Defendant’s counsel of record pursuant t0 the Texas Rules of Civil Procedure on this y - day of November 2023, in the manner indicated below: Via E-service Roberto Colegio Martinez, Dieterich & Zarcone Legal Group 11900 North 26th St, Suite 200 Edinburg, Texas 78539 Telephone: (956) 289-2199 Facsimile: (956) 393-2699 Email: colegio@mdzlegalgroup.law Graciela Orellana Attorney 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. Linda San Miguel on behalf of Graciela Orellana Bar No. 24085450 lsmiguel@zreynalaw.com Envelope ID: 81449459 Filing Code Description: No Fee Documents Filing Description: Plaintiff's Witness List Status as of 11/8/2023 4:40 PM CST Case Contacts Name BarNumber Email TimestampSubmitted Status GRACIE @ZREYNALAW.COM GRACIE@ZREYNALAW.COM 11/8/2023 4:05:28 PM SENT Esmeralda RYbarra erybarra@zreynalaw.com 11/8/2023 4:05:28 PM SENT Shayla NicoleRamos shayla21@zreynalaw.com 11/8/2023 4:05:28 PM ERROR Rudy Limas rudy@zreynalaw.com 11/8/2023 4:05:28 PM ERROR Associated Case Party: OTTMAR CANO Name BarNumber Email TimestampSubmitted Status yvonne rosa rosa@mdzlegalgroup.law 11/8/2023 4:05:28 PM SENT Roberto Colegio colegio@mdzlegalgroup.law 11/8/2023 4:05:28 PM SENT