Motion,Ex Parte: Douglas A. Capak Personal Representative for the Estate of Dawn Marie Roberts vs. Shelton, M.D., Cloe F. et al

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                                COMMONWEALTH           OF MASSACHUSETTS

BARNSTABLE, ss.                                                        SUPERIOR COURT
                                                                       C.A. NO: 1872CV00606


DOUGLAS A. CAPAK, PERSONAL
REPRESENTATIVE OF THE
ESTATE OF DAWN MARIE ROBERTS,
           Plaintiff,

v.


CLOE F. SHELTON, M.D.,
ANTHONY CARAVELLO, M.D.,
SHARON MAHONEY, M.D.,
SUSAN ANDEREGG, M.D.,
CAPE COD HOSPITAL,
TRISTAN MEDICAL P.C.,
G. CURTIS BARRY, M.D., P.C., AND
CAPE OBSTETRICS & GYNECOLOGY
PC,
           Defendants.


     MOTION JN LIMINE OF DEFENDANTS, CLOE F. SHELTON, M.D, AND ANTHONY
      CARAVELLO, M.D. TO COMPEL DISCLOSURE OF THE MONETARY DAMAGE
              AMOUNT THE PLAINTIFF WILL PRESENT TO THE JURY

           NOW COME the Defendants, Cloe F. Shelton, M.D, and Anthony Caravello, M.D, in the

above-referenced matter, and, for the reasons set forth below, hereby move that this Honorable

Court enter an Order compelling Plaintiff's counsel to disclose the monetary damages amount

that will be presented to the Jury at trial, if any.    As grounds for this Motion, the Defendants

state:

       1        Pursuant to G.L. Chapter 231   § 13B as amended,     in civil actions in the Superior

               Court, parties, through their counsel, may suggest a specific monetary amount for

               damages at trial. See G.L. c. 231 §13B. To ensure that the Defendant is not prejudiced

               by any unfair surprise during the course of trial, the Defendants seek an order that
Plaintiff’s counsel be required to disclose the specific dollar amount.         if any. he

          intends to suggest to the jury on the issue of damages.

          The disclosure of the monetary value at the outset of trial is also a basic matter of

          fairness and full disclosure,   Just as the parties make a full disclosure of expected

          expert witnesses and their respective anticipated trial testimony, Plaintiffs counsel

          should be required to disclose any monetary value he intends to submit directly to the

          jury on the issue of damages.

          It has been long held that “[mJutual knowledge of all the relevant facts gathered by

          both parties is essential to proper litigation.”   Atlas Tack, 47 Mass. App. Ct. at 224,

          quoting Strom v. American Honda Motor Co.; 423 Mass. 330, 336 (1996).

          Tt would     be highly prejudicial   to the Defendants    if counsel   first learns of the

          suggested monetary value during the Plaintiff’s closing argument - at the same time

          the jury first learns of it - as this will result in an insufficient opportunity to address

          the same. Without prior disclosure, the Plaintiff may present the monetary amount to

          the jury during closing argument and the defendant will have no opportunity to

          address the amount offered by the plaintiff. Given that the jury will only hear about

          the amount from one side, the jury may conclude that the Defendants do not object to

          the amount being offered as damages by the Plaintiff.

          Knowledge of the monetary amount that the Plaintiff intends to offer to the jury is

          necessary in this matter to prevent the Defendants from being prejudiced from unfair

          surprise and to prevent juror confusion.

       WHEREFORE the Defendants, Cloe F. Shelton, M.D. and Anthony Caravello, M.D., by

and through counsel,    hereby request that this Honorable Court enter an Order compelling
Plaintiff's counsel to disclose the monetary damages amount that will be presented to the Jury at

trial, if any.


                                                 Respectfully submitted,
                                                 Defendants, Cloe F. Shelton, M.D. and
                                                 Anthony Caravello, M.D..
                                                 By counsel,


                                                  Blot              B-R-
                                                 Christopher Lavoie (BBO No. 638276)
                                                 Allyson Hammerstedt (BBO No. 678792)
                                                  Dunn & Dunn, P.C.
                                                  11 Beacon Street #1100
                                                  Boston, MA   02108
                                                 (617) 523-2950
                                                 clavoie@dunnanddunn.com
                                                 ahammerstedt/ @ bs edunnanddunn.com



DATED;       11/22/23