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Filing # 88930742 E-Filed 05/03/2019 09:19:10 AM
IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT
IN AND FOR MANATEE COUNTY FLORIDA
CIVIL DIVISION
JOSHUA RAY CANTRILL,
Plaintiff,
v. Case No.: 2013-CA-4462
KRISTOPHER SCOTT FERRIS,
RACHEL M. WEBER,
Defendants.
LERAY CANTRILL,
Plaintiff,
v. Case No.: 2013CA5821
KRISTOPHER SCOTT FERRIS,
Defendant.
/
DEFENDANT KRISTOPHER SCOTT FERRIS’S FIRST MOTION IN LIMINE
COMES NOW, the Defendant, KRISTOPHER SCOTT FERRIS (“Defendant”), by and
through the undersigned counsel, and hereby files this Motion in Limine to prevent the Plaintiffs,
Plaintiffs’ counsel, and Plaintiffs’ witnesses and experts from introducing any evidence, testimony,
depositions, statements, documents, or comments regarding the following matters:
1. Counsel and/or witnesses shall not make any impermissible “golden rule” argument
by encouraging the jurors to place themselves in the shoes of the Plaintiff. National Car Rental
System, Inc. V. Bostic, 423 So.2d 915 (Fla. 34 DCA 1982).
2 Counsel shall not make any statement or argument to the jury to let their verdict be
E-Filed with MCCC - 2013CA004462AX- 5/3/2019 9:19 AM- PG 1 of 5a message to the community. Maercks v. Birchansky, 549 So.2d 199 (Fla. 3d DCA 1989).
3. Counsel shall not make any statement or argument that Defendant’s expert is
testifying “as he usually does.” Schubert v. Allstate Ins. Co., 603 So.2d 554 (Fla. 34 DCA 1992).
4. Counsel and/or witnesses shall not comment concerning their impressions of the
plaintiff's honesty or truthfulness. General Telephone Co. V. Wallace, 417 So.2d 1022 (Fla. 2nd
DCA 1982).
5. Counsel shall not make any references to injuries suffered by any other person besides
his client in the automobile accident. Any reference to the fact that anyone else was injured in the
accident is irrelevant evidence under Florida Statutes Section 90.401. Evidence of others being
injured does not tend to prove or disprove a material fact in the Plaintiff's case of whether the
Plaintiff suffered injuries in the subject accident.
6. There shall be no mention of insurance liability limits, or the existence of insurance
coverage in this case. Gold, Vann and White, P.A. v. DeBerry, 639 So. 2d 47 (Fla. 4th DCA 1994).
7. Experts shall be prohibited from testifying as to subject matter not contained within
their reports, or not previously disclosed during discovery. Suarez-Burgos v. Morhaim, 745 So. 2d
368 (Fla. 4th DCA 1999) (Granting of post-trial motion for mistrial was appropriate where the
defendant’s expert offered opinions not within his report) and see also Tetrault v. Fairchild, 799 So.
2d 226 (Fla. Sth DCA 2001) (Trial Court committed reversible error in allowing Defense’s
continuance when the Emergency Room radiologist testified as to causation when the subject of his
testimony was not disclosed in discovery and he authored no reports regarding subsequent MRI’s
reviewed).
8. Any testimony or evidence as to the Plaintiff's ability to pay for recommended or
future medical expenses. Absent the Defendant “opening the door,” such testimony unfairly
E-Filed with MCCC - 2013CA004462AX- 5/3/2019 9:19 AM- PG 2 of 5juxtaposes the wealth and poverty of the Plaintiff and Defendant. State Farm v. Revuelta, 901 So.
2d 377, 379 (Fla. 3rd DCA 2005); Velilla v. VIP Care Pavilion Ltd., 861 So. 2d 69, 72 (Fla. 4th
DCA 2003) Sossa By & Through Sossa v. Newman, 647 So. 2d 1018, 1019-20 (Fla. 4th DCA
1994),
9; There shall be no testimony of studies, articles, or learned treatises used by an
expert witness in reaching his opinions or conclusions in this case. Any such reference to learned
treatises, articles, or studies to support the experts conclusions would constitute inadmissible
hearsay, and improper bolstering. Fla. Stat.. § 90.706 (2013) and Morris v. Janoff, 901 So. 2d
141 (Fla. 3d DCA 2004).
10. Counsel shall not make argument comparing the amount the Defendant’s experts
have been paid in the past versus the Plaintiff's damages, or value of living a pain-free life. See
Carnival Corp. v. Pajares, 972 So.2d 973 (Fla. 3rd DCA 2007), and See also Wernick v, Worrall,
918 So.2d 383, 388 (Fla. 5th DCA 2006). Such arguments are highly inflammatory, implicitly
argue the economic disparity between the parties, and sends the message for the jury to punish
the defendant, rather than awarding damages actually incurred through the facts of the case.
11. Any comment or argument based on the personal opinion of counsel that suggests
an appropriate award for either future damages, or non-economic damages. Such comments
include, but are not limited to, the following: “I have to suggest a number [for pain and
suffering]...the number I’m going to suggest is my number, {not plaintiff’s];” “I haven’t told
plaintiff what my number is. It’s my number. I don’t want it to be their number. I’m suggesting
what a reasonable number is;” “If my number is too high, it’s my fault. If my number is too low,
feel free to award more.” Davis v. S Fla. Water Mgmt. Dist., 715 So. 2d 996, 999 (Fla. 4th DCA
1998); Cohen v. Pollack, 674 So.2d 805 (Fla. 3rd DCA 1996).
E-Filed with MCCC - 2013CA004462AX- 5/3/2019 9:19 AM- PG 3 of 512, Any comment or argument in which the Plaintiff seeks to impermissibly shift the
burden of proof to the Defendant. See Paul v. State, 980 So.2d 1282 (Fla. 4th DCA 2008).
13. Any comment or questioning during voir dire as to the Plaintiff attorneys
involvement in community organizations as they are irrelevant to the issues involved in the case.
“Such comments could have only been designed to ingratiate [the attorneys] to the potential
jurors and focus their attention on irrelevant matters.” Bocher v. Glass, 874 So.2d 701 (Fla. 1st
DCA 2004).
14. Any comment or argument by which Plaintiff that either defendant should be
punished for not taking responsibility, or for contesting this claim. Carvajal v. Penland, 120
So.3d 6 (Fla. 2d DCA 2013).
15. Counsel for Plaintiff shall only present to the jury (“board”) the amount of
medical payments accepted by medical providers for procedures billed under Medicare, as it
related to this case. As Medicare is not a collateral source in accordance with Fla. Stat.
§768.76(2)(a)4.(b), the Plaintiff is not entitled to present the total amount billed by the medical
providers, only the amount reimbursed, to avoid the potential for an unjust windfall to the
Plaintiff. See Cooperative Leasing, Inc., v. Johnson, 872 So.2d 956 (Fla. 2d DCA 2004),
Thyssenkrup Elevator v. Lasky, 868 So. 2d 457 (Fla. 4th DCA 2003), and Fla. Stat.
§768.76(2)(a)4.(b).
16. Any comment from Dr. Thomas Tolli, MD-Plaintiffs’ treating orthopedic surgeon
and expert/“*hybrid” witness-that “several [unnamed] radiologists” told him that there is “not
much of a difference” in cervical disc bulging as a result of MRI studies taken when the patient is
seated upright vs. lying down flat. Not only are such statements hearsay, they also lack the
required predicate to support those opinions.
E-Filed with MCCC - 2013CA004462AX- 5/3/2019 9:19 AM- PG 4 of 5WHEREFORE, the Defendant, WILLIAM LYNCH, respectfully requests this Court
enter an Order in Limine prohibiting the Plaintiffs, Plaintiff's counsel, and Plaintiffs witnesses
and experts from introducing any evidence, testimony, depositions, statements, documents or
comments regarding the above matters.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY a true and correct copy of the foregoing has been provided via
eservice to Counsel for Plaintiff, Joshua Cantrill, mailrob@salterhealy.com and
servicerob@salterhealy.com ROBERT J. HEALY, JR., ESQUIRE, SALTER, HEALY, LLC, PO
BOX 10807, ST. PETERSBURG, FL 33733-0807, and Counsel for Plaintiff Leray Cantrill Frank
Currie, Esquire, P.O. Box 2291, St. Petersburg, FL 33742, fjc@tampabay.rr.com on this 3 day
of May 2019.
DICKINSON & GIBBONS, P.A.
By:4/Andrew L. Douberly
JEFFREY D. PEAIRS
Florida Bar No. 0875260
ANDREW L. DOUBERLY
Florida Bar No. 0088193
Gateway Professional Center
401 North Cattlemen Road, Suite 300
Sarasota, FL 34232-6438
Phone: (941) 366-4680
Fax: (941) 365-2923
jpeairs@dglawyers.com
snoonan@dglawyers.com
adouberly@dglawyers.com
jhamill@dglawyers.com
Counsel for Defendant, FERRIS
E-Filed with MCCC - 2013CA004462AX- 5/3/2019 9:19 AM-PG5 of 5
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Filing # 88930742 E-Filed 05/03/2019 09:19:10 AM IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT IN AND FOR MANATEE COUNTY FLORIDA CIVIL DIVISION JOSHUA RAY CANTRILL, Plaintiff, v. Case No.: 2013-CA-4462 KRISTOPHER SCOTT FERRIS, RACHEL M. WEBER, Defendants. LERAY CANTRILL, Plaintiff, v. Case No.: 2013CA5821 KRISTOPHER SCOTT FERRIS, Defendant. / DEFENDANT KRISTOPHER SCOTT FERRIS’S FIRST MOTION IN LIMINE COMES NOW, the Defendant, KRISTOPHER SCOTT FERRIS (“Defendant”), by and through the undersigned counsel, and hereby files this Motion in Limine to prevent the Plaintiffs, Plaintiffs’ counsel, and Plaintiffs’ witnesses and experts from introducing any evidence, testimony, depositions, statements, documents, or comments regarding the following matters: 1. Counsel and/or witnesses shall not make any impermissible “golden rule” argument by encouraging the jurors to place themselves in the shoes of the Plaintiff. National Car Rental System, Inc. V. Bostic, 423 So.2d 915 (Fla. 34 DCA 1982). 2 Counsel shall not make any statement or argument to the jury to let their verdict be E-Filed with MCCC - 2013CA004462AX- 5/3/2019 9:19 AM- PG 1 of 5a message to the community. Maercks v. Birchansky, 549 So.2d 199 (Fla. 3d DCA 1989). 3. Counsel shall not make any statement or argument that Defendant’s expert is testifying “as he usually does.” Schubert v. Allstate Ins. Co., 603 So.2d 554 (Fla. 34 DCA 1992). 4. Counsel and/or witnesses shall not comment concerning their impressions of the plaintiff's honesty or truthfulness. General Telephone Co. V. Wallace, 417 So.2d 1022 (Fla. 2nd DCA 1982). 5. Counsel shall not make any references to injuries suffered by any other person besides his client in the automobile accident. Any reference to the fact that anyone else was injured in the accident is irrelevant evidence under Florida Statutes Section 90.401. Evidence of others being injured does not tend to prove or disprove a material fact in the Plaintiff's case of whether the Plaintiff suffered injuries in the subject accident. 6. There shall be no mention of insurance liability limits, or the existence of insurance coverage in this case. Gold, Vann and White, P.A. v. DeBerry, 639 So. 2d 47 (Fla. 4th DCA 1994). 7. Experts shall be prohibited from testifying as to subject matter not contained within their reports, or not previously disclosed during discovery. Suarez-Burgos v. Morhaim, 745 So. 2d 368 (Fla. 4th DCA 1999) (Granting of post-trial motion for mistrial was appropriate where the defendant’s expert offered opinions not within his report) and see also Tetrault v. Fairchild, 799 So. 2d 226 (Fla. Sth DCA 2001) (Trial Court committed reversible error in allowing Defense’s continuance when the Emergency Room radiologist testified as to causation when the subject of his testimony was not disclosed in discovery and he authored no reports regarding subsequent MRI’s reviewed). 8. Any testimony or evidence as to the Plaintiff's ability to pay for recommended or future medical expenses. Absent the Defendant “opening the door,” such testimony unfairly E-Filed with MCCC - 2013CA004462AX- 5/3/2019 9:19 AM- PG 2 of 5juxtaposes the wealth and poverty of the Plaintiff and Defendant. State Farm v. Revuelta, 901 So. 2d 377, 379 (Fla. 3rd DCA 2005); Velilla v. VIP Care Pavilion Ltd., 861 So. 2d 69, 72 (Fla. 4th DCA 2003) Sossa By & Through Sossa v. Newman, 647 So. 2d 1018, 1019-20 (Fla. 4th DCA 1994), 9; There shall be no testimony of studies, articles, or learned treatises used by an expert witness in reaching his opinions or conclusions in this case. Any such reference to learned treatises, articles, or studies to support the experts conclusions would constitute inadmissible hearsay, and improper bolstering. Fla. Stat.. § 90.706 (2013) and Morris v. Janoff, 901 So. 2d 141 (Fla. 3d DCA 2004). 10. Counsel shall not make argument comparing the amount the Defendant’s experts have been paid in the past versus the Plaintiff's damages, or value of living a pain-free life. See Carnival Corp. v. Pajares, 972 So.2d 973 (Fla. 3rd DCA 2007), and See also Wernick v, Worrall, 918 So.2d 383, 388 (Fla. 5th DCA 2006). Such arguments are highly inflammatory, implicitly argue the economic disparity between the parties, and sends the message for the jury to punish the defendant, rather than awarding damages actually incurred through the facts of the case. 11. Any comment or argument based on the personal opinion of counsel that suggests an appropriate award for either future damages, or non-economic damages. Such comments include, but are not limited to, the following: “I have to suggest a number [for pain and suffering]...the number I’m going to suggest is my number, {not plaintiff’s];” “I haven’t told plaintiff what my number is. It’s my number. I don’t want it to be their number. I’m suggesting what a reasonable number is;” “If my number is too high, it’s my fault. If my number is too low, feel free to award more.” Davis v. S Fla. Water Mgmt. Dist., 715 So. 2d 996, 999 (Fla. 4th DCA 1998); Cohen v. Pollack, 674 So.2d 805 (Fla. 3rd DCA 1996). E-Filed with MCCC - 2013CA004462AX- 5/3/2019 9:19 AM- PG 3 of 512, Any comment or argument in which the Plaintiff seeks to impermissibly shift the burden of proof to the Defendant. See Paul v. State, 980 So.2d 1282 (Fla. 4th DCA 2008). 13. Any comment or questioning during voir dire as to the Plaintiff attorneys involvement in community organizations as they are irrelevant to the issues involved in the case. “Such comments could have only been designed to ingratiate [the attorneys] to the potential jurors and focus their attention on irrelevant matters.” Bocher v. Glass, 874 So.2d 701 (Fla. 1st DCA 2004). 14. Any comment or argument by which Plaintiff that either defendant should be punished for not taking responsibility, or for contesting this claim. Carvajal v. Penland, 120 So.3d 6 (Fla. 2d DCA 2013). 15. Counsel for Plaintiff shall only present to the jury (“board”) the amount of medical payments accepted by medical providers for procedures billed under Medicare, as it related to this case. As Medicare is not a collateral source in accordance with Fla. Stat. §768.76(2)(a)4.(b), the Plaintiff is not entitled to present the total amount billed by the medical providers, only the amount reimbursed, to avoid the potential for an unjust windfall to the Plaintiff. See Cooperative Leasing, Inc., v. Johnson, 872 So.2d 956 (Fla. 2d DCA 2004), Thyssenkrup Elevator v. Lasky, 868 So. 2d 457 (Fla. 4th DCA 2003), and Fla. Stat. §768.76(2)(a)4.(b). 16. Any comment from Dr. Thomas Tolli, MD-Plaintiffs’ treating orthopedic surgeon and expert/“*hybrid” witness-that “several [unnamed] radiologists” told him that there is “not much of a difference” in cervical disc bulging as a result of MRI studies taken when the patient is seated upright vs. lying down flat. Not only are such statements hearsay, they also lack the required predicate to support those opinions. E-Filed with MCCC - 2013CA004462AX- 5/3/2019 9:19 AM- PG 4 of 5WHEREFORE, the Defendant, WILLIAM LYNCH, respectfully requests this Court enter an Order in Limine prohibiting the Plaintiffs, Plaintiff's counsel, and Plaintiffs witnesses and experts from introducing any evidence, testimony, depositions, statements, documents or comments regarding the above matters. CERTIFICATE OF SERVICE I HEREBY CERTIFY a true and correct copy of the foregoing has been provided via eservice to Counsel for Plaintiff, Joshua Cantrill, mailrob@salterhealy.com and servicerob@salterhealy.com ROBERT J. HEALY, JR., ESQUIRE, SALTER, HEALY, LLC, PO BOX 10807, ST. PETERSBURG, FL 33733-0807, and Counsel for Plaintiff Leray Cantrill Frank Currie, Esquire, P.O. Box 2291, St. Petersburg, FL 33742, fjc@tampabay.rr.com on this 3 day of May 2019. DICKINSON & GIBBONS, P.A. By:4/Andrew L. Douberly JEFFREY D. PEAIRS Florida Bar No. 0875260 ANDREW L. DOUBERLY Florida Bar No. 0088193 Gateway Professional Center 401 North Cattlemen Road, Suite 300 Sarasota, FL 34232-6438 Phone: (941) 366-4680 Fax: (941) 365-2923 jpeairs@dglawyers.com snoonan@dglawyers.com adouberly@dglawyers.com jhamill@dglawyers.com Counsel for Defendant, FERRIS E-Filed with MCCC - 2013CA004462AX- 5/3/2019 9:19 AM-PG5 of 5