Free Motion in Limine - District Court of Connecticut - Connecticut

Case 3:00-cv-00052-RNC

Document 119

Filed 06/01/2005

Page 1 of 3

UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT MARGARET COWAN, ADMINISTRATRIX OF THE ESTATE OF VICTORIA COOPER v. MICHAEL BREEN : : : : : : :

NO.: 3:00 CV 0052 (RNC)

MARGARET COWAN, ADMINISTRATRIX OF THE ESTATE OF VICTORIA COOPER v. NORTH BRANFORD

: : : : : : :

NO.: 3:01 CV 0229 (RNC)

JUNE 1, 2005

DEFENDANTS' MOTION IN LIMINE RE TESTIMONY AND EVIDENCE REFERENCING VISION PROBLEMS The defendants, MICHAEL BREEN and TOWN OF NORTH BRANFORD, move in limine for an order prohibiting the introduction of evidence or testimony on the following subjects: 1. 2. Vicki Cooper's eyesight, corrected and uncorrected; Vicki Cooper's night vision and depth perception and lack of ability to perceive figures in conditions at the scene of the incident. In support of this motion, the defendants offer as follows: 1. any testimony or evidence regarding Ms. Cooper's eyesight is irrelevant;

Case 3:00-cv-00052-RNC

Document 119

Filed 06/01/2005

Page 2 of 3

2.

testimony or evidence concerning any visual difficulties of the decedent must be excluded because it's probative value, if any, is clearly outweighed by the danger of unfair prejudice;

3. 4.

Dr. Forkiotis testimony is speculative; and the report submitted to the plaintiff by Dr. Forkiotis is inadmissible hearsay.

The defendants have filed herewith a memorandum of law in support of this motion. WHEREFORE, the defendants, MICHAEL BREEN and TOWN OF NORTH BRANFORD, pray that their motion in limine is granted. THE DEFENDANTS, MICHAEL BREEN and TOWN OF NORTH BRANFORD /s/John J. Radshaw, III Thomas R. Gerarde, ct5640 John J. Radshaw, III, ct19882 Jeffery E. Potter, ct26356 HOWD & LUDORF 65 Wethersfield Avenue Hartford, CT 06114 (860) 249-1361 (860) 249-7665 (fax)

Case 3:00-cv-00052-RNC

Document 119

Filed 06/01/2005

Page 3 of 3

CERTIFICATION This is to certify that a copy of the foregoing has been sent, handling charges prepaid, via U.S. Mail to the following counsel of record this 1st day of June, 2005.

David N. Rosen, Esquire Rosen & Dolan, PC 400 Orange Street New Haven, CT 06511

/s/John J. Radshaw, III Thomas R. Gerarde John J. Radshaw, III Jeffery E. Potter