Valeriani v. Prevost

Opinion

Ell I ( RED AUG n 6 1014

STATE OF MAINE SUPERIOR COURT CUMBERLAND, ss CIVIL ACTION Docket No. CV-13-181

TIMOTHY VALERIANI, 1\Jb~- CM/ytl 0'7- ~ ~-1 L} C STAT£o

urnberJand F MAIN£

Plaintiff SUpE.Ri~sR, Clerk's ok,· ,, couRT "Ice

v. JUL 2 2 2014 ORDER ON MOTIONS IN LIMINE

JOANN PREVOST, RtcttVto

Defendant

After argument on the record on the parties' motions in limine, the following is ordered: DEFENDANT'S MOTION TO EXCLUDE UNCORRECTED PORTIONS OF HER DEPOSITION TESTIMONY; PLAINTIFF'S MOTION TO EXCLUDE REFERENCE TO STIPULATION OF LIABILITY The parties agree to stipulate to liability, which in this case means defendant's negligence proximately caused some injury to plaintiff. Defendant will not testify. Counsel are permitted to reference the fact of this stipulation in opening statements and closing arguments. PLAINTIFF'S MOTION TO EXCLUDE REFERENCE TO DR. KAZILIONIS'S TWO REPRIMANDS The motion is granted.

DEFENDANT'S MOTION IN LIMINE TO EXCLUDE SUBSTANTIVE ADMISSION OF, OR ILLUSTRATNE USE OR REFERENCE TO, PLAINTIFF'S EXHIBIT 29 Plaintiff may testify with regard to the assertions in the Quantification of Lost Wages dated 10/16/13. Plaintiff's counsel will not use plaintiff's exhibit 29 during his opening statement. Depending on plaintiff's testimony, use of plaintiff's exhibit 29 may

2

be permitted during plaintiff's testimony and/ or plaintiff's closing argument. DEFENDANT'S MOTION TO EXCLUDE PHOTOGRAPHS OF DEFENDANT'S VEHICLE The motion is denied. State v. Hurd does not address the issue of the relationship between force and resulting injury addressed in the cases cited by plaintiff. See State v. Hurd, 360 A.2d 525, 527-28, 527 n.S (Me. 1976); see, ~ Mason v. Lynch, 878 A.2d 588, 600-01 (Md. 2005); Brennan v. Demello, 921 A.2d 1110, 1118-19 (N.J. 2007). DEFENDANT'S MOTION TO PRECLUDE DR. KAZILIONIS'S TESTIMONY ON THE SUBJECT OF BIOMECHANCS The motion is granted.

DEFENDANT'S MOTION TO LIMIT NUMBER OF PAIN AND SUFFERING WITNESSES The court defers ruling until trial.

The clerk is directed to incorporate this order into the docket by reference.

Date: -J/z¢1-

DEBORAH BUCCINA ESQ DOUGLAS DENHAM BUCCINA & ERNST PO BOX 7108 PORTLAND ME 04112-7108

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WILLIAM ROBITZEK ESQ BERMAN & SIMMONS PO BOX 961 LEWISTON ME 04243-0961