On March 16, 2017 a
Order
was filed
involving a dispute between
Urban, Justin,
and
Interstate Electrical Services Corp.,
Weston, Keith,
for Torts
in the District Court of Middlesex County.
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COMMONWEALTH OF MASSACHUSETTS
I
MIDDLESEX, ss. : SUPERIOR COURT
C.A. No. 1781CV00814-L2
JUSTIN URBAN,
Plaintiff
Vv.
KEITH WESTON and INTERSTATE
ELECTRICIAL SERVICES CORP.,
Defendants
2/19/2021
PLAINTIFF’S MOTION JN LIMINE SEEKING TO PRECLUDE
ANY LAY WITNESS OPINION TESTIMONY FROM FACT
WITNESS ANNMARIE RICHARDS
The Plaintiff, Justin Urban (“the Plaintiff’) hereby moves, in limine, for a pre-trial Order
precluding the Defendants from offering at trial any lay witness opinion testimony about the rate-
of speed of the plaintiff s motorcycle involved in the accident that is the subject of this civil
action. As reasons for this motion, the Plaintiff states that such lay opinion testimony has no
foundation in fact; is purely speculative; and is not based on sciéntific, technical, or other
specialized knowledge.
Lay witnesses in the Commonwealth are permitted to offer opinion testimony only when
it meets three criteria. The offered testimony must be (1) rationally based on the perception of
the witness; (2) helpful to a clear understanding of the witness’s testimony or the determination
of a fact in issue; and (3) not based on scientific, technical, or other specialized knowledge
within the scope of expert testimony. Mass. G. Evid. § 701.
Document Filed Date
February 23, 2021
Case Filing Date
March 16, 2017
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CHE WITOESL “99 Be" Cftost-Exdarury @ CUGte. 3. MU, x iy x x y Q R & S \ x X \\ x w gz g. x LEAINS FE wv? OF? a 2/23/22 -D ip 13 COMMONWEALTH OF MASSACHUSETTS I MIDDLESEX, ss. : SUPERIOR COURT C.A. No. 1781CV00814-L2 JUSTIN URBAN, Plaintiff Vv. KEITH WESTON and INTERSTATE ELECTRICIAL SERVICES CORP., Defendants 2/19/2021 PLAINTIFF’S MOTION JN LIMINE SEEKING TO PRECLUDE ANY LAY WITNESS OPINION TESTIMONY FROM FACT WITNESS ANNMARIE RICHARDS The Plaintiff, Justin Urban (“the Plaintiff’) hereby moves, in limine, for a pre-trial Order precluding the Defendants from offering at trial any lay witness opinion testimony about the rate- of speed of the plaintiff s motorcycle involved in the accident that is the subject of this civil action. As reasons for this motion, the Plaintiff states that such lay opinion testimony has no foundation in fact; is purely speculative; and is not based on sciéntific, technical, or other specialized knowledge. Lay witnesses in the Commonwealth are permitted to offer opinion testimony only when it meets three criteria. The offered testimony must be (1) rationally based on the perception of the witness; (2) helpful to a clear understanding of the witness’s testimony or the determination of a fact in issue; and (3) not based on scientific, technical, or other specialized knowledge within the scope of expert testimony. Mass. G. Evid. § 701.