It is worth noting that situations similar to those described in this medical malpractice case could just as easily occur at any of the healthcare facilities in the area, such as Kaiser Permanente, UC Davis Medical Center, Mercy, Methodist, or Sutter.
(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this personal injury lawsuit and its proceedings.)
MEMORANDUM OF POINTS AND AUTHORITIES
EVIDENCE OF PLAINTIFF’S DISPUTE WITH ANY EMPLOYEES. DOCTORS, MEMBERS, OR OFFICE STAFF OF NATIONAL CENTER FOR SPORTS EXCELLENCE IS INADMISSIBLE AND WOULD BE PREJUDICIAL UNDER EVIDENCE CODE SECTION 352
Evidence Code Section 352 provides:
The Court, in its discretion, may exclude evidence if its probative value is substantially outweighed by the probability that its admission will:
a. necessitate undue compensation of time, or,
b. create substantial danger of undue prejudice, of confusing the issues, or of misleading the jury.
In the instant case, the probative value of this evidence is non existent, as there is no relevant reason to admit any evidence of plaintiffs minor disputes with any employees, doctors, members, or office staff of Center for Orthopedic and Sports Excellence to the jury.
On the other hand, the prejudice inherent in the admission of such evidence is substantial to the plaintiff, as it would confuse the issues present in this case, and/or mislead the jury with respect to the material issues in this case.
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
Since any comments or attempts to introduce such evidence could result in a mistrial, this moving party respectfully requests the Court to grant the instant Motion in Limine.
CONCLUSION
Based on the foregoing points and authorities, it is respectfully requested that the Court grant the instant motion for an excluding any reference to and any evidence of plaintiff’s disputes with any employees, doctors, members, or office staff of National Center for Sports Excellence, and to direct all parties, their counsel, all witnesses and other persons participating in the trial, to not introduce or attempt to introduce such evidence in any form, and not to suggest, comment directly or indirectly on, or refer to the evidence in any way before the jury.
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.