Free Motion in Limine - District Court of Arizona - Arizona

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Daniel B. Treon ­ 014911 Kelly Jo - 021525 TREON & SHOOK, P.L.L.C. 2700 North Central Avenue, Suite 1000 Phoenix, Arizona 85004 Telephone: (602) 265-7100 Facsimile: (602) 265-7400 Attorney for Plaintiffs UNITED STATES DISTRICT COURT

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DISTRICT OF ARIZONA TERESA AUGUST, a single woman, MARK AUGUST and JANE DOE AUGUST, husband and wife, for themselves and as parents and guardians for their minor child, MARCUS DAKOTAH AUGUST Plaintiffs, vs. CITY OF PHOENIX, a body politic of the State of Arizona; OFFICER LYLE MONSON and JANE DOE MONSON, husband and wife; OFFICER NICHOLAS LYNDE and JANE DOE LYNDE, husband and wife; OFFICER TOBY DUNN and JANE DOE DUNN, husband and wife; OFFICER T. HEDGECOKE and JANE DOE HEDGECOKE, husband and wife; and R. GRIFFIN and JANE DOE GRIFFIN, husband and wife Defendants. ____________________________________ ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. CV03-1892 PHX ROS

PLAINTIFFS' MOTION IN LIMINE NO. 5 RE: TERESA AUGUST'S UNRELATED PHYSICAL CONDITIONS

Plaintiff Teresa August moves to exclude from evidence the fact that she suffered from bi-lateral carpal tunnel syndrome and had surgery on her left shoulder in 1999. Neither the carpal tunnel nor the prior surgery condition relate to her right elbow injury, treatment thereof, or her claims related to the pain and suffering she experienced. I. Carpal Tunnel Her treating physician, Beth A. Purdy, M.D., an orthopedic surgeon with a subspecialty in elbows, testified that Mrs. August did not receive treatment for her carpal tunnel Case 2:03-cv-01892-ROS

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symptoms. (EXHIBIT 1, Dr. Purdy's deposition, p. 42). Thus there is no evidence that played any role in the treatment and healing of the elbow injury. II. 1999 Left Shoulder Surgery Plaintiff also submits that there should be no reference at trial to surgery she underwent on her left shoulder in 1999 following an event where she tripped over her dog. At one point during his treatment of Teresa August on June 10, 2002, Emergency Room Physician Dr. Seligson off-handedly remarked in the medical record that she had suffered "recurrent dislocations," when referencing her left shoulder injury, Dr. Seligson mistakenly confused it with Mrs. August's right shoulder, and in fact, she had not suffered recurrent dislocations at all. Moreover, the medical records from Dr. Hartzler from 1999 indicate that that left shoulder injury had fully healed. Finally, a prior injury to the left shoulder is completely unrelated to an injury to Teresa August's right elbow, and totally irrelevant to the question of whether the officers used excessive force when they dislocated her right elbow. (EXHIBIT 2, copy of Dr. Seligson's Heart Emergency Center Report dated June 10, 2002 from Arizona Heart Hospital [AUGUST 0121 ­ 0123]; EXHIBIT 3, Douglas Hartzler, M.D. medical records dated November 2, 1999 [AUGUST 1298] and September 30, 1999 [AUGUST 1370]). DATED this 17th day of November, 2006. TREON & SHOOK, P.L.L.C. By: s/ Daniel B. Treon Daniel B. Treon Kelly Jo Attorney for Plaintiffs

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CERTIFICATE OF SERVICE
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I hereby certify that on November 17, 2006, I electronically transmitted the attached document to the Clerk's Office using the CM/ECF System for filing and transmittal of a Notice of Electronic to the following CM/ECF registrants: Daniel B. Treon: Kathleen Wieneke: [email protected]; [email protected] [email protected]; [email protected]; [email protected] [email protected]; [email protected] [email protected]; [email protected]

Jennifer L. Holsman: Randall H. Warner:

By:
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s/ Aly Shomar-Esparza

Case 2:03-cv-01892-ROS

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