Sacramento Automobile Driver Struck And Injured By School Bus, Part 1 of 7

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.)

Plaintiff Robyn Anderson’s Motion in Limine to Preclude Defendants’ Expert Witness, Stanley Lee, M.D., from Expressing Opinions as to the Reasonableness of Plaintiff’s Medical Bills

Plaintiff Robyn Anderson respectfully request that this court hear and determine the question of the admissibility of the following evidence, out of the presence or hearing of the jury, pursuant to California Evidence Code § 402, and issue an order, in limine, prohibiting Defendants’ expert witness, Stanley Lee, M.D., from expressing opinions as to the reasonableness of Plaintiffs medical bills.

This motion is made on the grounds that any opinions and conclusions on this subject would lack foundation and be based on mere speculation, California Evidence Code § 803, any probative value is substantially outweighed by the probability that its admission will necessitate undue consumption of time and create substantial danger of undue prejudice, confusing the issues, and misleading the jury, per California Evidence Code §352.

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

And admission of this defense expert’s opinion would constitute an impermissible attempt to argue to the jury that collateral source payments by health care providers represent the reasonable value of the medical services provided in this case, Katiuzhinsky v. Perry (2007) 152 Cal App 4th 1288, Helfend v. Southern Cal. Rapid Transit Dist. (1970) 2 Cal.3d 1; Arambula v. Wells (1999) 72 C.A.4th 1006; McKenny v. California Portland Cement Co. (2002) 96 Cal App.. 4th 1214. (See Part 2 of 7.)

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

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