The following blog entry is written to illustrate a common motion filed during the pre-trial stage of civil litigation. Reviewing this kind of briefing 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 brain injury case and its proceedings.)
Plaintiff Wayne Smith’s Opposition to Defendants Motion in Limine to Exclude Expert Opinion Testimony of Paul Brown, M.D.; Memorandum of Points and Authorities
Plaintiff Wayne Smith hereby opposes defendants Universal Fellowship and Randall White’s motion in limine to exclude plaintiff from offering the expert medical opinion testimony of plaintiffs designated expert, Paul Brown, M.D., on the grounds that plaintiff’s supplemental designation of Dr. Brown was proper and timely because:
1) Dr. Brown was properly and timely designated to express an opinion on a subject to be covered by defendants designated experts, Mike Hall, M.D. and Rupert Jones, M.D., in compliance with Code of Civil Procedure S 2034.280. For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
2) Both Dr. Brown and defendants’ expert Mike Hall, M.D., are members of the American Board of Psychiatry and Neurology, and therefore have a common basis for the proffered opinions.
3) Defendants have taken the deposition of Dr. Brown so their claims of undue prejudice and surprise have absolutely no factual or legal merit.
4) Plaintiff has already appeared for two defense mental examinations by defendants designated experts, Mike Hall, M.D. and Dr. Robert Lee, PhD.
This opposition is based upon this notice, the memorandum of points and authorities and declarations filed and served concurrently herewith and on such further evidence and argument as may be submitted at the hearing of this matter. (See Part 2 of 5.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.