On January 24, 2020 a
Motion,Ex Parte
was filed
involving a dispute between
Williams, Barbara,
and
Maldonado, Mariclare,
Wilson, Troy,
for Personal Injury Motor Vehicle Unlimited
in the District Court of San Bernardino County.
Preview
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1 McClaugherty & Associates
Jay S. McClaugherty (State Bar No. 99063) ELECTRONICALLY FILED (Auto)
2 Email: jay.mcclaugherty(mcctrials.com SUPERIOR COURT OF CALIFORNIA
Hayden T. Traver (State Bar No. 317428) COUNTY OF SAN BERNARDINO
3 Email: hayden.traver@mcctrials.com 12/7/2023 3:37 PM
222 East Huntington Drive, Suite 230
4 Monrovia, California 91016
Telephone: (626) 821-1100
5 Fax: (626) 821-2626
6 Attorneys for Defendant
MARICLARE MALDONADO
7
8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 FOR THE COUNTY OF SAN BERNARDINO - CENTRAL DISTRICT
10
11 BARBARA WILLIAMS, an individual, Case No.: C1VDS2002655
[Unlimited Jurisdiction]
12 Plaintiff,
DEFENDANTS’ MOTION IN LIMINE NO.
13 v. FOUR TO EXCLUDE PLAINTIFF’S
DUPLICATIVE MEDICAL EXPERTS
14 TROY WILSON; MARICLARE
MALDONADO; and DOES 1 through 100, Trial:
15 Inclusive, Date: December 11, 2023
Time: 10:00a.m.
16 Defendants. Dept.: S37
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DEFENDANLS MOTION IN LIMINE NO.4
1 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
2 Defendants TROY WILSON (“Mr. Wilson”) and MARICLARE MALDONADO
3 (collectively, “Defendants”) hereby moves this court in Iiniine, and before selection of the jury,
4 for an order instructing Plaintiff BARBARA WILLIAMS (“Plaintiff’) not to present the
5 testimony of more than one of her designated medical experts at trial. Plaintiff intends to present
6 trial testimony from Babak Samimi, M.D. (“Dr. Samimi”). Simon Lavi, M.D. (“Dr. Lavi”),
7 Arvinder Gill, M.D. (“Dr. Gill”), Daniel Alves, M.D. (“Dr. Alves”). All four of these physicians
8 treated or examined Plaintiff for orthopedic injuries. Plaintiff also intends to present trial
9 testimony from sixteen medical facilities. It is unclear if Plaintiffs intend to call physicians from
10 any of these sixteen medical facilities. The Court has the power to exclude duplicative medical
11 experts pursuant to California Evidence Code Sections 723. Plaintiffs duplicative expert
12 witnesses will unduly consume time and are more prejudicial than probative pursuant to
13 California Evidence Code 352.
14 MEMORANDUM OF POINTS AND AUTHORITIES:
15 I.
16 STATEMENT OF FACTS
17 This case arises out of a motor-vehicle collision between Plaintiff and Mr. Wilson on
18 March 13, 2018. Plaintiff alleges that she sustained injuries to her right knee, left shoulder, right
19 hip, neck and back. (See Declaration of Hayden T. Traver, hereafter Traver Decl. ¶ 3). Plaintiff
20 received orthopedic treatment from Dr. Lavi. (Traver Deci. ¶ 2). Plaintiff received pain
21 management treatment for her orthopedic injuries from Dr. Gill and Dr. Alves. (Id.). Plaintiff
22 retained Dr. Samimi to conduct a medical evaluation. (Traver Dccl. ¶ 3). Dr. Samimi diagnosed
23 Plaintiff with cervical sprain/strain; left shoulder sprain and dislocation with internal
24 derangement; carpal tunnel syndrome; thoracolumbar sprain/strain; right hip sprain and bursitis;
25 and right knee osteoarthritis. (Id.).
26 On December 6, 2023, Plaintiffs counsel sent Defendants’ counsel a proposed witness list
27 which included Dr. Samimi, Dr. Lavi, Dr. Gill, Dr. Alves, and sixteen medical facilities. (Traver
28 DecI. ¶ 2).
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DEFENDANT’S MOTION IN LIMINE NO.4
Document Filed Date
December 07, 2023
Case Filing Date
January 24, 2020
Category
Personal Injury Motor Vehicle Unlimited
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