Free Motion in Limine - District Court of Connecticut - Connecticut

Case 3:01-cv-01979-WWE

Document 94

Filed 09/14/2005

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT

KARL HOGFELDT v. OLD SAYBROOK POLICE DEPARTMENT, ET AL

: : : : : :

NO.: 3:01CV1979 (WWE)

SEPTEMBER 13, 2005

DEFENDANTS' MOTION IN LIMINE RE TESTIMONY AND OPINION OF DR. IRA KANFER Pursuant to Fed.R.Civ.P. 33 and 34, the defendants, OLD SAYBROOK POLICE DEPARTMENT, SERGEANT DONALD HULL, PATROLMAN DAVID PERROTTI, PATROLMAN CHRIS DEMARCO, PATROLMAN JAY RANKIN and the TOWN OF OLD SAYBROOK, move in limine for an order prohibiting the plaintiff from introducing any evidence on the following subjects: 1. Testimony and opinions of Dr. Ira Kanfer that: a. b. c. Hogfeldt's injuries occurred at the police station; Hogfeldt was not injured before he came to the police station; Hogfeldt did not suffer his injuries after he departed the police station; d. Hogfeldt's rendition of event's makes much more sense and Hogfeldt's story comports with the facts and Hull's doesn't; e. f. Sgt. Hull assaulted Hogfeldt; A fall against the wall did not cause Hogfeldt's injuries because the natural response it to put one's hands up in front of the wall, which

Case 3:01-cv-01979-WWE

Document 94

Filed 09/14/2005

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is a reflexive action. In support of this motion, the defendants offer as follows: 1. 2. 3. 4. 5. Kanfer's opinions are unreliable; Kanfer's opinions are speculative; Kanfer's opinions are beyond the scope of his expertise; Kanfer's opinions are not based on sufficient facts or information; Kanfer's opinions do not assist the trier of fat because they are not beyond the knowledge of the average juror; 6. Kanfer's opinions are not the product of reliable principles and methods.

Consistent with D.Conn.L.Civ.R. 7(a), a memorandum of law in support of this motion is filed herewith. WHEREFORE, the defendants pray that their motion in limine is granted. THE DEFENDANTS, OLD SAYBROOK POLICE DEPARTMENT, SERGEANT DONALD HULL, PATROLMAN DAVID PERROTTI, PATROLMAN CHRIS DEMARCO, PATROLMAN JAY RANKIN AND THE TOWN OF OLD SAYBROOK

_____/s/ John J. Radshaw, III____ John J. Radshaw, III, ct 19882 HOWD & LUDORF, LLC 65 Wethersfield Avenue Hartford, CT 06114 (860) 249-1361 (860) 249-7665 (fax)

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Case 3:01-cv-01979-WWE

Document 94

Filed 09/14/2005

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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 13th day of September 2005. Bruce E. Newman, Esquire Newman, Creed & Associates 99 North Street, Route 6 P.O. Box 575 Bristol, CT 06011 A. Paul Spinella, Esquire Spinella & Associates One Lewis Street Hartford, CT 06103 _____/s/ John J. Radshaw, III____ John J. Radshaw, III

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