(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this sexual harassment/personal injury case and its proceedings.)
Plaintiff’s Motion In Limine Exclude Testimony of Defendants’ Human Resources Expert Tina Hall
INTRODUCTION
Plaintiff Bobby White (hereinafter “Plaintiff” ) respectfully moves the Court for an order in limine to exclude any testimony from Defendants’ proposed human resources expert Tina Hall (hereinafter “Hall”). Plaintiff brings this motion on the grounds that Hall’s proposed testimony would improperly usurp the role of the jury by offering her own unnecessary and improper legal conclusions as to how this case should be decided. Hall will offer opinions, under the mantle of expert, that XYZ Security applied effective investigation procedures to the investigations done in this case. Hall’s proposed testimony should be excluded under Evidence Code section 801 because it is not related to a subject sufficiently beyond common experience that the opinion of an expert would assist the trier of fact. Further, allowing Hall to offer her improper legal conclusions would unduly prejudice Plaintiff, while wasting the time and resources of the Court, the parties and the jury. Hall’s testimony regarding plaintiff’s alleged sexual harassment, therefore, also should be excluded under Evidence Code section 352.
This motion is based on the supporting memorandum of points and authorities, the pleadings, records and papers on file in this action, herein, and upon such further oral and documentary evidence as may be presented at the time of the hearing. (See Part 2 of 2.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.