Multi-Car Accident Injures Two People From Sacramento, Part 2 of 6

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 car accident lawsuit and its proceedings.)

Obviously, plaintiffs’ interest in including such evidence is to attempt to curry favor with and sympathy from the jury despite this evidence having no connection with this action. Accordingly, evidence of Mr. West’s service in the military and his status as a veteran of WWII must be excluded on the grounds that such evidence: (1) is irrelevant to this action pursuant to Evidence Code section 350; (2) is an improper attempt to prove good character pursuant to Evidence Code section 1001; and (3) will necessitate undue consumption of time, create substantial danger of undue prejudice, and confuse or mislead the jury pursuant to Evidence Code section 352.

This motion is made upon this notice, the following Memorandum of Points and Authorities, and upon all books and papers found within the Court’s file, and upon all such other evidence, oral or documentary, as may be presented at the hearing of this motion.

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

This is a personal injury case brought by Anna Brown and Alex West, arising out of a single vehicle accident that occurred on August 25, 2008, in the early afternoon. The accident occurred in a residential area in the city of Sacramento, California.

The vehicle involved in the accident was a 1998 Dodge van which was driven by its owner, plaintiff Anna Brown. At the time of the accident, Ms. Brown was 78 years old. In the vehicle with her at the time of the accident was plaintiff, Mr. West, who was 81 years old.

While the vehicle was traveling approximately 25 miles per hour, the tire that was mounted on the right rear of the vehicle experienced a partial tread separation. Thereafter, Ms. Brown drove her van into a telephone utility pole located off to the right on the sidewalk. The tire on the right rear was an All-Weather-Plus, which was manufactured by XYZ Tire, Inc. Ms. Brown does not know when or under what circumstances this tire was put on her vehicle. (See Part 3 of 6.)

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

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