Free Motion in Limine - District Court of Colorado - Colorado

Case 1:04-cv-01070-PSF-PAC

Document 65

Filed 07/06/2005

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 04-F 1070 (PAC) DANNIE W. JOHNSON and MARTHA D. JOHNSON Plaintiffs, v. OVERRIGHT TRUCKING, INC., a New Mexico Corporation, and ROSS A. REED, Defendants. PLAINTIFFS' S MOTION IN LIMINE TO EXCLUDE FROM EVIDENCE THE MARKET VALUE OF PLAINTIFFS' HOME AND INSTEAD USE RESTORATION COSTS IN CALCULATING PLAINTIFFS' MEASURE OF DAMAGES INCURRED Plaintiffs, by and through their undersigned Counsel, for their Motion in Limine To Exclude Market Value of Plaintiffs' Home state: CERTIFICATE OF CONFERRAL OF COUNSEL Pursuant to D.C. Colo. L Civ R 7.1, the undersigned counsel hereby certify that they have conferred unsuccessfully with opposing counsel to resolve the dispute raised herein and the within Motion was filed thereafter. MOTION TO LIMIT EVIDENCE RE: MARKET VALUE OF PLAINTIFF'S HOME Pursuant to Fed. R. Evid. 401, evidence is admissible if it tends to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence. The "fundamental principle of damages is to restore the injured party, as nearly as possible, to the position he would have been in had it not been for the wrong of the other party."

Case 1:04-cv-01070-PSF-PAC

Document 65

Filed 07/06/2005

Page 2 of 3

United States v. Hatahley, 257 F.2d 920 (10th Cir. 1958), cert. denied. 358 U.S. 899, 79 S. Ct. 222, 3 L.Ed. 148. United States v. Denver and Rio Grande Western Railroad Company 547 F.2d 1101 (10th Cir. 1977) at page 1105 Plaintiffs request the Court prohibit introduction of evidence regarding the market value of the Plaintiffs' home in this action, stating as grounds therefore lack of relevancy to any issue herein, therefore pursuant to Fed. R. Evid. 401 such evidence must be excluded. Plaintiffs hereby hereby incorporate by this reference their entire Brief which is filed in support hereof, said Brief being contemporaneously filed in its entirety herewith. Respectfully submitted this 1st day of July, 2005 by: MCDANIEL BATY MILLER AGRO WALES & ROBBINS LLC \s\ original signature on file Michael W. Baty, Esq. #14804 (Colo.) 1040 Main Ave. P.O. Box 1157 Durango, CO 81301 (970) 247-1113 PHILLIPS & GRAHAM \s\original signature on file Randolph H. Phillips, Esq. #576575 (GA) 609 Pine Ave P.O. Box 2303 Albany, Georgia 31702 (229) 435-4452

CERTIFICATE OF SERVICE The undersigned certifies that on the 6th day of July, 2005, a true and correct copy of the foregoing Motion In Limine re:Market Value of the Home And Instead Use Restoration Costs in Calculating Plaintiffs' Measure of Damages Incurred was electronically filed with the Clerk of Court using the CM/ECF system which will send notification of such filing to the following email addresses and previously fax filed to opposing counsel on the 2nd day of July 2005 at approximately 2:30 A.M.. as follows: Mr. Brad Hardman, Esq. and Mr. Ted Bills, Esq. Wittman & McCord UMB Bank Building 719/590-9984 5825 Delmonico Drive, Suite 320 Colorado Springs, CO 80919 [email protected] \s\ original signature on file Michael W. Baty

Case 1:04-cv-01070-PSF-PAC

Document 65

Filed 07/06/2005

Page 3 of 3