Free Response to Motion - District Court of Arizona - Arizona

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Kathleen L. Wieneke, Bar #011139 Jennifer L. Holsman, Bar #022787 JONES, SKELTON & HOCHULI, P.L.C. 2901 North Central Avenue, Suite 800 Phoenix, Arizona 85012 Telephone: (602) 263-1700 Fax: (602) 200-7858 [email protected] [email protected] Attorneys for Defendants City of Phoenix, Griffin, Dunn, Lynde and Monson UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA Teresa August, et al, Plaintiff, v. The City of Phoenix, et al, Defendant. NO. CV03-1892-PHX-ROS DEFENDANTS' RESPONSE TO PLAINTIFF'S MOTION IN LIMINE NO. 5 RE: TERESA AUGUST'S UNRELATED PHYSICAL CONDITIONS

Defendants respond to Plaintiff's Motion in Limine No. 5 regarding Teresa August's "unrelated" physical conditions. Defendants incorporate by reference their

Response to Plaintiff's Motion in Limine No. 2 relating to Dr. Seligson. I. CARPAL TUNNEL Defendants do not intend to introduce evidence regarding Plaintiff's carpal tunnel syndrome as it was not related to this injury. If Plaintiff opens the door and tries to allege that her carpal tunnel syndrome was somehow caused by this incident, Defendants will impeach Plaintiff and her treating doctor with information that the carpal tunnel syndrome was preexisting and not caused and/or related in any way to this incident. II. 1999 LEFT SHOULDER INJURY While Defendants do not intend to seek introduction of evidence regarding

Case 2:03-cv-01892-ROS

Document 176

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Plaintiff's 1999 left shoulder injury to suggest that it was somehow related to Plaintiff's alleged injury in 2002, Plaintiff did provide emergency room personnel with historical information regarding past medical treatment and recurrent dislocations of her shoulder which Defendants believe Dr. Seligson relied upon in his treatment and/or diagnosis of Plaintiff. To that extent, Defendants believe this information is admissible. DATED this 29th day of November, 2006. JONES, SKELTON & HOCHULI, P.L.C.

By /s/Jennifer L. Holsman Kathleen L. Wieneke Jennifer L. Holsman 2901 North Central Avenue, Suite 800 Phoenix, Arizona 85012 Attorneys for Defendants City of Phoenix, Griffin, Dunn, Lynde and Monson

Electronically filed and served this 29th day of November, 2006, to: ALL PARTIES ON ELECTRONIC SERVICE LIST COPY mailed this same date to: The Hon Rosalyn O. Silver United States District Court Sandra Day O'Connor U.S. Courthouse, Suite 624 401 West Washington Street, SPC 59 Phoenix, Arizona 85003

BY
1715056.1

s/Peggy Sue Trakes

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Case 2:03-cv-01892-ROS

Document 176

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