IN THE CIRCUIT COURT FOR BALTIMORE
CITY, MARYLAND
ESTATE OF PATRICIA MARTIN,
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By her personal representative James Martin,
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And
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DEANNA MARIE MELTON,
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CASE NO. 24-C-02-004042
By her Father and Next Friend, Robert Melton
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Plaintiffs,
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v.
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MARYLAND MECHANICAL SYSTEM, INC., *
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Defendant.
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MOTION IN LIMINE TO EXCLUDE OPINION
TESTIMONY FROM RICHARD BAKER AS TO HOW THE ACCIDENT OCCURRED
Plaintiffs, Estate of Patricia Martin, by her Personal
Representative James Martin, and Deanna Marie Melton, by her
Father and Next Friend, Robert Melton, by and through their
undersigned counsel, request that this Court exclude opinion
testimony from Richard Baker.
In support, Plaintiffs state as follows:
It is expected that Mr. Baker will testify that:
(1) he does not hold any opinion to a reasonable degree
of certainty as to how the accident occurred; (2) he does not
feel qualified to offer an opinion as to how the accident occurred;
(3) other scenarios as to how the accident occurred are equally
likely; (4) neither he nor Domino investigated the accident
for the purpose of determining how it occurred; rather, he will
testify the investigation was to make sure a similar accident
did not occur again, and, accordingly, efforts were not made
that would have been made had that been Domino’s or Mr.
Baker’s purpose; (5) he did not know where Ms. Martin
was burned at the time of his deposition and that has altered
his views; and (6) he did not know at the time of his deposition
that there was medical evidence that exposure to three gallons
of this hot slurry could cause this injury.
Defendant should not try to solicit testimony from its
own expert that the expert does not wish to give or believe
that he is qualified to give nor should he be able to impeach
his own witness with his prior testimony.
Accordingly, Plaintiff requests that this Court order
Defendant not to suggest in opening or illicit through Mr. Baker
his opinions as to how this accident occurred.
Respectfully submitted,
___________________________
Ronald
V. Miller, Jr.
Laura
G. Zois
Empire
Towers, Suite 615
7310
Ritchie Highway
Glen Burnie, Maryland 21061
(410)553-6000
(410)760-8922
(fax)
Attorneys
for the Plaintiff
409 Washington Avenue, Suite 707
Towson, Maryland 21204
Co-Counsel for Minor Plaintiff
Certificate of Service
We hereby certify that a copy of the foregoing Motion
in Limine to Exclude Opinion Testimony of Richard Baker was
sent via U.S. Mail, first-class, postage prepaid, this 1st
day of June, 2004, to:
Douglas W. Biser, Esquire
Mudd, Harrison & Burch
Jefferson Building, Suite 300
105 West Chesapeake Avenue
Towson, Maryland
21204
Counsel for Defendant
Carmel J. Snow, Esquire
2701 W. Patapsco Avenue, Suite 109
Baltimore, Maryland
21230
Counsel for Minor Plaintiff
Ronald V. Miller, Jr.
IN THE CIRCUIT COURT FOR BALTIMORE
CITY, MARYLAND
ESTATE OF PATRICIA MARTIN, et al.,
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Plaintiffs,
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v.
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CASE NO.: 24-C-02-004042
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MARYLAND MECHANICAL SYSTEM, INC., *
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Defendant.
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O R D E R
Upon consideration of the Plaintiffs' Motion in Limine
to Exclude Opinion Testimony from Ricahrd Baker, it is this
_________ day of _________________________, 2005,
by the Circuit Court for Baltimore City, Maryland, hereby
ORDERED, that the Plaintiffs’ motion be
GRANTED; and it is further
ORDERED, that Richard Baker’s testimony
be excluded.
JUDGE
COPIES TO:
Ronald V. Miller, Jr., Esq.
Miller & Zois, LLC
7310 Ritchie Highway, Suite 615
Glen Burnie, Maryland
21061
J. Edward Martin, Esq.
409 Washington Avenue, Suite 707
Towson, Maryland
21204
Douglas W. Biser, Esq.
Mudd, Harrison & Burch
105 West Chesapeake Avenue, Suite 300
Towson, Maryland
21204
Carmel J. Snow, Esq.
2701 W. Patapsco Avenue, Suite 109
Baltimore, Maryland 21230
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