Free Memorandum in Opposition to Motion - District Court of Connecticut - Connecticut

Case 3:00-cv-00052-RNC

Document 146

Filed 06/20/2005

Page 1 of 2

UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT MARGARET COWAN, as Administratrix of the Estate of Victoria Cooper, Plaintiff, V. MICHAEL BREEN, Defendant. : : CIVIL NO.: 3:00CV00052(RNC)

MARGARET COWAN, as Administratrix of the Estate of Victoria Cooper, Plaintiff, V. TOWN OF NORTH BRANFORD Defendant. : : CIVIL NO.: 301CV00229(RNC) JUNE 20, 2005

PLAINTIFF'S MEMORANDUM IN OPPOSITION TO DEFENDANTS' MOTION IN LIMINE RE EXHIBITS 49, 50, 51 AND 52 These motions concern four photographs of the hood of the Camaro. They also contain string along the line of the bullet mark and a protractor. Defendants argue that because their expert Charles Manning has "pointed out" that the angle indicated on the protractor is not the correct angle, the exhibits should be excluded. Assuming that Dr. Manning testifies to the same effect at trial, plaintiff will not offer photos 51 and 52 and will claim exhibit 49 only for the overall view of the hood and penetration mark, without claiming the angle shown on the protractor (the protractor and angle are barely visible in the photo anyway). Plaintiff has already withdrawn exhibit 50. 1

Case 3:00-cv-00052-RNC

Document 146

Filed 06/20/2005

Page 2 of 2

The motion should therefore be denied as moot.

THE PLAINTIFF

By /s/ David N. Rosen David N. Rosen 400 Orange Street New Haven, Connecticut 06511 (203) 787-3513 CT00196 E-mail: [email protected] CERTIFICATION I hereby certify that a copy of the foregoing Memorandum was sent first class mail, postage prepaid on June 20, 2005 to: Thomas R. Gerarde, Esquire Howd & Ludorf 65 Wethersfield Avenue Hartford, Connecticut 06114

/s/ David N. Rosen David N. Rosen

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