(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this brain injury/personal injury case and its proceedings.)
The following blog entry is written from a defendant’s position as trial approaches. Reviewing this kind of briefing should help potential plaintiffs and clients better understand how parties in a personal injury case present such issues to the court.
Defendant Radio Roseville’s Motion in Limine No. 3: to Exclude Evidence or Argument Regarding Whether the Volume of Water Consumed at the Radio Contest Could or Would be Expected to Cause Brain Damage
As the court is aware, the lawsuit brought by Sherrie Johnson’s family has been consolidated with a lawsuit brought by three other contestants, Paul Smith, Steven Davis, and Mike Jones (the Smith Plaintiffs). The Smith Plaintiffs seeks recovery for injuries they say were caused by the Hold Your Wee for a Wii contest, allegedly consisting of feeling nauseated after the contest in addition to feeling emotional distress.
In both 2007 and 2008 (long after the contest had concluded), each of the Smith Plaintiffs stated under oath that they sought recovery solely for emotional distress. The Smith Plaintiffs pursued these claims despite the fact that they sought no treatment for emotional distress between March of 2007 and the spring of 2009 (in fact, Steven Davis did not see a therapist at all in the months following the contest). In March of 2009, the Smith Plaintiffs changed counsel to be represented by Dewey, Cheatham and Howe, which also represents the Johnson family.
In April and May of 2009, Defendants filed motions for summary adjudication of the Smith Plaintiffs’ emotional distress and damages claims. Suddenly, in the spring of 2009 (more than two years after the contest), the Smith Plaintiffs found themselves in need of therapy.
In addition, on July 17, 2009 and in response to Defendants’ motion for summary judgment of punitive damages, the Smith Plaintiffs submitted a declaration from Dr. Ken X., a nephrologist (specializing in kidney function and dysfunction), speculating that the Smith Plaintiffs could possibly have suffered brain damage as a result of the January 12, 2007 contest. This was the first time that the Smith Plaintiffs ever made a claim for brain injury. Examples of Dr. X.’s testimony are as follows: (See Part 2 of 4.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.