Filing # 88249658 E-Filed 04/19/2019 01:13:02 PM
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`IN THE COUNTY COURTIN AND FOR
`BROWARD COUNTY, FLORIDA
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`CASE NO: COCE-17-003815
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`WINDSOR IMAGING
`A/A/O TERRANCE PARRISH,
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`VS.
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`Plaintiff,
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`AUTO CLUB SOUTH INSURANCE COMPANY,
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`Defendant.
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`/
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`PLAINTIFF’S MOTION IN LIMINE
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`COMES NOWPlaintiff, WINDSOR IMAGING A/A/O TERRANCE PARRISH,by and
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`through its undersigned counsel, and pursuant to Fla. R. Civ. P. 1.200(a)(9), the Florida Evidence
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`Code, and all cases cited herein, moves that Defense counsel and any and all Defense witnesses
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`be instructed by appropriate order of the Court to refrain from any of the matters set forth herein
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`without first approaching the bench and obtaining a ruling of the Court outside the presence and
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`hearing of all prospective jurors and jurors ultimately selected in the cause with regard to any
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`alleged theory of admissibility of such matters, and in support states:
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`1.
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`The Plaintiff seeks to demonstrate to the Court that the matters set here forth would
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`be inadmissible for any purpose on proper and timely objection in that they have no bearing on the
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`issues in the cause or the rights of the parties to this suit.
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`2.
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`For
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`the Court
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`to permitting interrogation of witnesses;
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`comments
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`to
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`jurors/prospectivejurors; or, offers of evidence ofproffers concerning these matters, would unduly
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`prejudice the Plaintiff and sustaining objections to such questions or comments would not cure
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`1
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`Law Offices of Anidjar & Levine PIP Litigation
`300 SE 17% Street, First Floor, Fort Lauderdale, Florida 33316
`T: (954) 525-0050 F: (954) 332-1485
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`*** FTLED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 04/19/2019 01:13:01 PM.****
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`such prejudice, but rather would reinforce the impact of such prejudicial matters on the jurors
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`creating unnecessary confusionas to the issues in this matter.
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`3.
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`Florida law is resolute in its prevention to trial by ambush, through “surprise,
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`trickery, bluff and legal gymnastics.” Northup v. Acken, 865 So. 2d 1267, 1271 (Fla. 2004) [29
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`Fla. L. Weekly S$37a]; See Jd. at 1270 (holding that when a party reasonably expects or intends to
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`utilize an item before the court at trial, for impeachment or otherwise, the evidence is fully
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`discoverable and in not privileged work product). Moreover, “The primary purpose of discovery
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`under the rules of civil procedure is to prevent the use of surprise, trickery, bluff and legal
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`gymnastics.” See Grinnell Corp. v. Palms 2100 Ocean Blvd., LTD., 924 So.2d 887, 893 (Fla. 4th
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`DCA 2006) [31 Fla. L. Weekly D726a].
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`4.
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`Fla. Stat. § 90.403 — Exclusion on Groundsof Prejudice or Confusion:
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`inadmissible if its probative value is substantially
`Relevant evidence is
`outweighed by the danger of unfair prejudice, confusion of issues, misleading the
`jury, or needless presentation of cumulative evidence. This section shall not be
`construed to mean that evidence of the existence of available third-party benefits
`is inadmissible.
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`5.
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`Plaintiff specifically seeks to exclude the following statements/evidence/matters
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`from Trial: any mention that the Claimant, Terrance Parrish, did not possess insuranceat the time
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`of the accident; any mention of the pending Bodily Injury Circuit Civil Lawsuit between the
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`Claimant, Terrance Parrish, and the NamedInsured, Robert McCann c/o Estate of Robert McCann;
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`and any mention of why the Claimant, Terrance Parrish, sought treatment from Care Medical
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`Centers as mentioned in his Deposition Transcript on Page 40, Line7.
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`6.
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`First, exclusion of any mention, comment, reference, suggestion or question
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`concerningthat Mr. Parrish did not have insuranceat the time of accident would not produce injury
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`to the Defendant. Florida Evidence Code §90.403.
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`2
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`Law Offices of Anidjar & Levine PIP Litigation
`300 SE 17% Street, First Floor, Fort Lauderdale, Florida 33316
`T: (954) 525-0050 F: (954) 332-1485
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`7.
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`Mr. Parrish’s lack of insurance was lawful as he did not own a vehicle andit is not
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`a question as to what Personal Injury Protection (“PIP”) source would cover Mr. Parrish should
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`the Jury find that the accident occurred; additionally,
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`introducing such evidence would stir
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`unnecessary questions and create confusion in the jury for an issue that has no relevancy in the
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`issues at hand.
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`8.
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`Introduction and discussion of this issue in the presence of any jury/prospective
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`jury has a prejudicial effect that far outweighs any probative value that cannot be cured by any
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`objection or direction from the Court.
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`9.
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`Second, there is currently a pending Bodily Injury (“BI”) lawsuit in the Circuit
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`Court of Broward County between the Claimant, Terrance Parrish, and the NamedInsured, Robert
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`McCann,or rather his estate as he has passed awayrecently.
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`10.
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`The pending BIsuit has no bearing on the jury or outcomeofthe suit before this
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`Court, and any mention would confuse the jury and produces only prejudice to the Plaintiff in
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`absenceof any probative value.
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`11.
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`Lastly, during the deposition of Mr. Parrish taken in this case on March 19, 2018,
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`Mr. Parrish states on Line 7 of Page 40 the following, “A. I went to CMC,that’s where my lawyer
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`sent me.” (Emphasis Added).
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`12.
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`Plaintiff anticipates Defendantto assert this statement in an effort to discredit the
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`Claimantand/or Treating Physician’s testimony; however, the method in which a person seeks out
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`credible, fully licensed treatment has no effect on the individualized treatment provided, medical
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`necessity, and/or does not affect demonstrate any credible refute to the character of the Treating
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`Physician.
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`3
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`Law Offices of Anidjar & Levine PIP Litigation
`300 SE 17% Street, First Floor, Fort Lauderdale, Florida 33316
`T: (954) 525-0050 F: (954) 332-1485
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`13.—Disclosure of this statement would again confuse the jury and create irrelevant
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`questions/tangents delaying and inhibiting the fact finders from making the appropriate, justiciable
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`decision in this matter and the Prejudiceto the Plaintiff is substantially outweighed by the proposed
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`probative value.
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`14.‘
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`This remainsa case about medically necessary treatment related to a motor vehicle
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`accident, and the main factual issue before the Court remains whether the accident occurredornot,
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`and this treatment occurred subsequent to the questioned accident and has no relevancyto the
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`issue.
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`WHEREFORE Plaintiff, WINDSOR IMAGING A/A/O TERRANCE PARRISH,
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`respectfully prays that this Honorable Court enter its order Granting Plaintiff's Motion in Limine,
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`excluding the aforementioned evidence/statements/facts and any otherrelief this Court deemsis just
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`and necessary.
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`CERTIFICATE OF SERVICE
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`I HEREBY I HEREBY CERTIFY that a true and correct copy of the foregoing has been
`served by email to Scott Danner, Esq., pleadings@kirwanspellacy.com on this this 19" day of
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`April, 2019.
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`LAW OFFICES OF ANIDJAR & LEVINE,P.A.
`Attorneys for Plaintiff
`300 SE 17" Street
`Fort Lauderdale, Florida 33316
`P: (954) 525-0050/F: (954) 332-1485
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`pippleadings@anl-law.com
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`By:___/s/ Travis Greene
`TRAVIS GREENE,ESQ.
`FBN: 0651648
`JEREMY DOVER,ESQ.
`FBN: 110737
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`4
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`Law Offices of Anidjar & Levine PIP Litigation
`300 SE 17% Street, First Floor, Fort Lauderdale, Florida 33316
`T: (954) 525-0050 F: (954) 332-1485
`
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