IN THE CIRCUIT
COURT FOR BALTIMORE CITY, MARYLAND
FREDERICK F.
BROGLIE, JR.,
*
Plaintiff,
*
v.
*
CASE NO.: 24-C-03-9077
ALLSTATE INSURANCE
CO., et al.,
*
Defendants.
*
*
*
*
*
*
*
*
MOTION IN LIMINE
TO PREVENT DEFENDANT
FROM PROFFERING
INCONSISTENT EVIDENCE AT TRIAL
Frederick F. Broglie, Jr., Plaintiff, by and through
his attorneys, Ronald V. Miller, Jr., Laura G. Zois, and Miller
& Zois, LLC, requests that this Honorable Court preclude
Defendant from
making any contentions or presenting any evidence that is directly
or indirectly inconsistent with its admissions in this case.
In further support, Plaintiff states as follows:
1. On
April 28, 2004, Plaintiff served upon Defendant Allstate discovery
requests, including Request for Admissions.
See Exhibit A. After numerous requests that Defendant
comply with its discovery obligations, Plaintiff filed on July
8, 2004 a Motion to Compel, seeking, among other relief, and
order deeming admitted Plaintiff’s Request for Admissions.
See Exhibit B.
On August 23, 2004, this Court granted Plaintiff’s
Motion deeming admitted Plaintiff’s Request for Admissions.
See Exhibit C. Defendant has not sought relief
from the Court with respect to these responses.
2. Defendant
has made a number of admissions conceding (1) liability; (2)
the permanency of Plaintiff’s injuries; (3) that medical
treatment and medical bills rendered were fair, reasonable,
medically necessary, and causally related to the car crash complained
of in the Plaintiff's Complaint; (4) that Plaintiff has injuries
to his right shoulder, left knee, neck and upper back, and right
shin; (5) that the injury to Plaintiff's left knee is such that
he cannot twist, squat, dance, or take a long walk without pain;
and (6) that the injury to Plaintiff's right shoulder is such
that he has pain even combing his hair or using a salt and pepper
shaker.
3. Plaintiff
expects that Defendant will attempt to ignore these admissions
and proffer through evidence and arguments facts that contradict
these admissions. Specifically,
Defendant has named Dr. Donald Saltzman as an expert. Plaintiff anticipates that Dr. Saltzman
will proffer testimony that contradicts Defendant’s admissions.
WHEREFORE, Plaintiff respectfully requests that this
Court issue an order precluding Defendant from proffering evidence
that contradicts its admissions.
Respectfully submitted,
MILLER & ZOIS, LLC
_____________________________
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
Certificate
of Service
I hereby certify
that a copy of the foregoing Motion in Limine and proposed Order
was sent via U.S. Mail, first-class, postage prepaid, this 10th
day of February, 2005, to:
Jacqueline M. Bunty, Esq.
Allstate Insurance Company
10 N. Calvert Street, Suite 444
Baltimore, Maryland 21202
___________________________
Ronald V. Miller, Jr.
IN THE CIRCUIT
COURT FOR BALTIMORE CITY, MARYLAND
FREDERICK F.
BROGLIE, JR.,
*
Plaintiff,
*
v.
*
CASE NO.: 24-C-03-9077
ALLSTATE INSURANCE
CO., et al.,
*
Defendants.
*
*
*
*
*
*
*
*
O R D E R
Upon consideration of the Plaintiff's Motion in Limine,
it is this _____ day of
, 2005, by the Circuit
Court for Baltimore City, Maryland, hereby
ORDERED, that the Plaintiff’s Motion is
hereby GRANTED; and it is further,
ORDERED, that the Defendant shall be precluded
from proferring evidence that contradicts its admission responses.
JUDGE
COPIES TO:
Ronald V. Miller,
Jr., Esquire
Laura G. Zois,
Esquire
Miller &
Zois, LLC
Empire Towers,
Suite 615
7310 Ritchie
Highway
Glen Burnie,
Maryland 21061
Jacqueline
M. Bunty, Esq.
Allstate Insurance
Company
10 N. Calvert
Street, Suite 444
Baltimore,
Maryland 21202
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