Opinion
SUPERIOR COURT CIVIL ACTION Docket No. CV-13-181
07-22-2014
TIMOTHY VALERIAN, Plaintiff v. JOANN PREVOST, Defendant
STATE OF MAINE
CUMBERLAND, ss
ORDER ON MOTIONS IN LIMINE
After argument on the record on the parties' motions in limine, the following is ordered:
DEFENDANT'S MOTION TO EXCLUDE UNCORRECTED PORTIONS OF HER DEPOSITION TESTIMONY; PLAINTIFF'S MOTION TO EXCLUDE REFERENCE TO STIPULATION OF LIABILITY
The parties agree to stipulate to liability, which in this case means defendant's negligence proximately caused some injury to plaintiff. Defendant will not testify. Counsel are permitted to reference the fact of this stipulation in opening statements and closing arguments.
PLAINTIFF'S MOTION TO EXCLUDE REFERENCE TO DR. KAZILIONIS'S TWO REPRIMANDS
The motion is granted. DEFENDANT'S MOTION IN LIMINE TO EXCLUDE SUBSTANTIVE ADMISSION OF, OR ILLUSTRATIVE USE,OR REFERENCE TO, PLAINTIFF'S EXHIBIT 29
Plaintiff may testify with regard to the assertions in the Quantification of Lost Wages dated 10/16/13. Plaintiff's counsel will not use plaintiff's exhibit 29 during his opening statement. Depending on plaintiff's testimony, use of plaintiff's exhibit 29 may be permitted during plaintiff's testimony and/or plaintiff's closing argument. DEFENDANT'S MOTION TO EXCLUDE PHOTOGRAPHS OF DEFENDANT'S VEHICLE
The motion is denied. State v. Hurd does not address the issue of the relationship between force and resulting injury addressed in the cases cited by plaintiff. See State v. Hurd, 360 A.2d 525, 527-28, 527 n.5 (Me. 1976); see, Mason v. Lynch, 878 A.2d 588, 600-01 (Md. 2005); Brennan v. Demello, 921 A.2d 1110, 1118-19 (N.J. 2007).
DEFENDANT'S MOTION TO PRECLUDE DR. KAZILIONIS'S TESTIMONY ON THE SUBTECT OF BIOMECHANCS
The motion is granted.
DEFENDANT'S MOTION TO LIMIT NUMBER OF PAIN AND SUFFERING WITNESSES
The court defers ruling until trial.
The clerk is directed to incorporate this order into the docket by reference. Date: 7/22/14
/s/_________
Nancy Mills
Justice, Superior Court
DEBORAH BUCCINA ESQ
DOUGLAS DENHAM BUCCINA & ERNST
PO BOX 7108
PORTLAND ME 04112-7108
WILLIAM ROBITZEK ESQ
BERMAN & SIMMONS
PO BOX 961
LEWISTON ME 04243-0961