On July 8, 2008 at about 3:45 p.m., our client was the driver of a 2005 Dodge Ram pickup, driving eastbound in the right lane on E. Main Street – which has two lanes of travel in each direction – in Medford, Oregon. At the same time, the Defendant was driving a 2000 Audi A8 … Read More
No Argument of Windfall – Motion in Limine
Defense attorneys are often attempted to use popular and inflammatory anti-plaintiff rhetoric throughout their case – jury selection, opening, and closing, in particular. It has long been my view that this is improper for a variety of reasons. I felt so strongly about this that I drafted, and routinely file, the following motion in limine: … Read More
No Evidence of Prior Settlement Negotiations – Motion in Limine
Now, most attorneys are taught in law school that settlement negotiations are never admissible at trial, unless the issue at trial is whether or not a claim had settled. However, I had one younger attorney attempt to get the parties’ negotiations into evidence at trial. Thankfully, I caught wind of this early, so drafted the … Read More
No Evidence of Financial Condition – Motion in Limine
With rare exception, evidence of the defendant’s financial condition has no place in a personal injury trial. The only issues before the jury are 1) whether the defendant was negligent or otherwise at fault, 2) whether said liability caused the plaintiff injuries or damages, and 3) a determination of the plaintiff’s related injuries and value … Read More
No Evidence of Remorse – Motion in Limine
Evidence of remorse has no place in a personal injury trial. The only issues before the jury are 1) whether the defendant was negligent or otherwise at fault, 2) whether said liability caused the plaintiff injuries or damages, and 3) a determination of the plaintiff’s related injuries and value of their damages. Thus, I always … Read More
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