Personal Injury Lawyer Blog
The following blog entry is written to illustrate a common motion filed during civil litigation. Reviewing this kind of filing should help potential plaintiffs and clients better understand how parties in personal injury cases present such issues to the court.
(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this veterinary medical malpractice lawsuit and its proceedings.)
Defendants’ Motion in Limine to Preclude Plaintiff’s Expert Witness from Expressing Personal Opinions re Mode of Treatment
Defendants Donald Brown, DVM, and the Valley Equine Group, Inc. (hereinafter collectively referred to as Veterinary Defendants ) hereby move this court in limine for the following ruling and instructions:
That any and all testimony and any questions which would lead to or elicit a response thereto, call for plaintiff’s expert witness to express personal opinions or preferences relating to the care and treatment of horses or other animals, or from stating what that witness “would do in any particular medical circumstance” as opposed to stating what the operative “standard of care” for reputable veterinarians would be in that same circumstance, be excluded.
Said motion is made pursuant to and in accordance with Evidence Code Sections 350 and 351, on the grounds that such evidence is not relevant to any issue herein and that the probative value of the evidence is outweighed by the probability that such evidence will prejudice. confuse, or mislead the jury.
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
The manner in which plaintiff’s expert witness would or would not treat a particular condition or conduct a prepurchase examination is inadmissible as he is not the standard by which any other veterinarians conduct is to be measured.
This motion is made and based upon the attached memorandum of points and authorities, the papers, records, and pleadings on file herein, and upon such other and further evidence as may be submitted at the time of the hearing on this motion. (See Part 2 of 4.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.