Free Motion in Limine - District Court of Arizona - Arizona

I John C. Hendricks #19493
MEAGHER & GEER, P.L.L.P.
2 8800 N. Gainey Center Drive, Suite 261
Scottsdale, Arizona 85258
3 Telephone: (480) 607-9719
Facsimile: (480) 607-9780
4 Attorneys for Freightliner Custom Chassis Corporation
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6 UNITED STATES DISTRICT COURT
7 FOR THE DISTRICT OF ARIZONA
8
Charles De Shazer, )
9 ) NO. ClV03-869-PHX-FJM
Plaintiff, )
10 ) FREIGHTLINER’S MOTION IN
vs. ) LIMINE NO. 2 (REGARDING PROOF
11 ) or cAUsAT1oN)
National RV Holdings Inc., and F reightliner )
12 Custom Chassis Corporation, )
13 Defendants. )
14 g
15 Defendant F reightliner Custom Chassis Corporation ("Freightliner") requests the Court to
16 prohibit Mr. De Shazer, his attorneys, witnesses, experts, and other representatives to make
17 statements during jury selection, opening statements, or closing argument, or to present or elicit
18 testimony at trial to the effect that:
19 1. Because Mr. De Shazer had problems with other components of his motor home,
20 Freightliner must bear some responsibility for his damages, even in the absence of any proof that
21 chassis defects caused the damages claimed;
22 2. Mr. De Shazer has had problems with Freightliner chassis on other vehicles;
23 3. Mr. De Shazer has heard of, been told of, or is aware of the fact that other RV
24 owners have had problems with F reightliner chassis.
25 4. It is supposedly "we1l known" in the RV community that Freightliner chassis are
26 associated with certain kinds of problems; or
5. Any similar statements or claims not directly involving the motor home involved in
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1 this case and whether specific defects or problems are attributable to an identifiable defect in
2 Freightliner’s chassis.
3 Establishing that a product defect caused the damage claimed is part of a plaintiff` s prima
4 facie case. See Jiminez v. Sears, 183 Ariz. 399, 402, 904 P.2d 861, 864 (1995). Thus, in order to
5 hold Freightliner liable, Mr. De Shazer must trace a specific problem with his motor home — and
the damage associated with it — to the chassis in order to hold Freightliner liable for breach of
6 warranty. It is not enough for Mr. De Shazer to argue that his motor home had numerous problems
7 that were not or could not be repaired, so Freightliner must be liable for something or should bear
8 some responsibility for his loss. Nor is it sufficient for Mr. De Shazer to refer to problems that
9 were allegedly experienced by other people who are not parties to this lawsuit or that involve motor
10 homes not involved in this case. This issue in this case, as far as Freightliner is concerned, is
ll whether Mr. De Shazer’s motor home had any chassis problems, the damages caused by those
12 problems, and whether the damages claimed are c · d by Freightliner’s Limited Warranty..
13 DATED this &_ day of January, 2006
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17 B yam
Jo m i en ks
18 880 N. Gainey Center Drive, Suite 261
Sco sdale, Arizona 85258
19 Att rineys for Defendant, Freightliner, LLC
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1 I hereby certify that on this 27th of January, 2006, I electronically transmitted the attached
documents to the clerk’s office using the CM/ECF system for filing and transmittal of a notice
2 of electric filing to the following CM/ECF registrants:
3 Marshall S. Meyers
4 KROHN & MOSS LTD.
111 W. Monroe, Suite 711
5 Phoenix, Arizona 85003
6 Attorneys for Plaintiff, Charles DeShazer
7 William M. Shattuck
8 QUARLES & BRADY STREICH LANG LLP
One Renaissance Square
9 Two North Central Avenue
10 Phoenix, Arizona 85004-2391
Attorneys for Defendant National RV Holdings
1 1
I hereby certify that on this 27th day of January, 2006, I served the attached document by mail/hand-
12 delivery on the following who are not participants of the CM/ECF system:
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Hon. Frederick J. Martone
14 United States District Court
15 401 W. Washington
Phoenix, AZ 85003
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17 60090
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Case 2:03-cv-00869-FJM

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