Personal Injury Lawyer Blog
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.)
Motion in Limine of Defendant Ian Hall to Exclude Any Reference to or Mention of Ian Hall’s Personal Bankruptcy By Plaintiff Kenneth Lee
Defendant Ian Hall, before introduction of evidence, hereby moves this Court for an Order precluding plaintiff, plaintiff’s counsel, any other party or their respective counsel, or any other witness from introducing any evidence of or reference to defendant Ian Hall’s 2008 personal bankruptcy, which was filed on April 9, 2008 and discharged on August 11, 2008, in this Sacramento medical malpractice lawsuit.
This motion is made on the grounds that such references and evidence are irrelevant, prejudicial, and will prove to be confusing and misleading to the jury. Any reference to Ian Hall’s bankruptcy will lead to widespread speculation of the jury, as to nature and extent of that bankruptcy and who it covers. In order to avoid such confusion, and risk of mistrial if jurors make assumptions based on their bankruptcy speculation only, Defendant Ian Hall seeks an order from the Court to preclude any reference or evidence of his personal bankruptcy.
INTRODUCTION
On April 9, 2008, defendant Ian Hall filed for Chapter 7 bankruptcy. Plaintiffs and several co-defendants were listed as creditors in the bankruptcy.
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
Of the listed creditors, only Plaintiffs filed the appropriate Motion for Relief from the Automatic Stay, and had their recovery for the instant lawsuit limited to applicable insurance policies.
Mr. Hall’s bankruptcy was eventually discharged on August 11, 2008 (a copy of that Discharge of Debtor is referenced herein).
Defendant Ian Hall now seeks to preclude any party or their attorneys, or any of their witnesses, from referencing Mr. Hall’s discharged bankruptcy, as it is irrelevant to the matters being addressed in the instant trial and will cause great prejudice to two other parties. In addition to the noted irrelevance, reference to the discharged bankruptcy will also necessitate undue consumption o time required to properly educate the jury, and create a substantia danger of confusion and speculation as to the details of the bankruptcy. (See Part 2 of 3.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.