`
`IN THE CIRCUIT COURT OF THE17!
`JUDICIAL CIRCUIT IN AND FOR
`BROWARD COUNTY, FLORIDA
`
`CIRCUIT CIVIL DIVISION 12
`
`JUDGE KEATHANB. FRINK
`
`IN RE: ENGLE PROGENY CASES
`TOBACCO LITIGATION
`
`Pertains to: Heather Irimi as Personal
`Representative Of the Estate ofDale Moyer
`
`Case No.: 08-026337
`/
`
`PLAINTIFF’S MOTION IN LIMINE TO PRECLUDE ANY EVIDENCE OR
`ARGUMENT REGARDING WHEN DECEDENT DECIDED TO FILE
`A LAWSUIT OR INSINUATION THAT HE DELAYEDIN FILING LAWSUIT AND
`PRECLUDE REFERENCES TO HOW PLAINTIFF FOUND COUNSEL
`
`COMES NOW,Plaintiff, HEATHER IRIMI, as Personal Representative of the Estate of
`
`DALE MOYER,byandthrough undersigned counsel, and herebyfiles the following motion, and
`
`in support states as follows:
`
`Plaintiff fears Defendant will attempt to argue orelicit testimony that Mr. Moyer delayed
`
`in filing the instant lawsuit. Procedurally, the original Angle Class Action wasfiled in 1994, and
`
`the Engle class wascertified in 1996.
`
`In the instant action, Plaintiff has alleged that Mr. Moyer
`
`was a memberofthe Eng/e class and therefore, was includedin the class certified in 1996. Further,
`
`he would have been precluded from filing an individual lawsuit, unless he opted out of the Engle
`
`Class Action. Decedent wasnoteligible to file an individual claim until the Florida Supreme Court
`
`issued its decision in Lngle in December 2006.
`
`*#* FTLED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 02/19/2020 12:49:36 PM.****
`
`
`
`Any insinuation, argument, or testimony that the delay in filing this lawsuit wasthe fault
`
`of the Plaintiff or Decedent would be improper and would mislead the jury as to the actual events
`
`that transpired regarding the Engle Class Action.
`
`Further, Plaintiff moves to preclude references to how Decedent found his counsel and his
`
`decision to pursuelitigation. Such references are not relevant to any issue the jury will decide.
`
`First, when and how Mr. Moyerdecidedto file suit is wholly irrelevant to any issue.
`
`It
`
`bears no relevance to whether he was a memberofthe Eng/e class or to any of the remaining issues
`
`of Defendant’s liability for compensatory and punitive damages.
`
`Likewise, Plaintiff's decision regarding which counsel to retain, and the reasons for
`
`selecting particular counsel, is wholly irrelevant to any issue under Fla. Stat. 90.401. Moreover,
`
`evidence regarding contact with counsel is inadmissible as highly prejudicial, without probative
`
`value on any issue. See Watson v. Builder's Square. Inc., 563 So. 2d 721,722 (Fla. 4th DCA 1990)
`
`(evidence regarding contact with counsel inadmissible because it goes to wholly irrelevant
`
`"character evidence" of litigiousness, which would be highly prejudicial); Zabner v. Howard
`
`Johnson's. Inc., 227 So. 2d 543, 546 (4th DCA 1969) (cross examination regarding litigiousness
`
`would violate the Florida Constitution).
`
`WHEREFORE,Plaintiff respectfully requests that this Court enter an Order prohibiting
`
`Defendant from insinuating that Plaintiff delayed in filing this lawsuit or from introducing any
`
`evidence or argument regarding Decedent’s decisionto file a lawsuit and how he chose counsel.
`
`
`
`CERTIFICATE OF SERVICE
`
`WE HEREBYCERTIFYthat on the 19" day of February 2020, the foregoing document
`
`wasservedon all counsel of record through the Florida E-filing portal.
`
`SCHLESINGER LAW OFFICES,P.A.
`Attorneys for Plaintiff
`1212 Southeast Third Avenue
`Fort Lauderdale, FL 33316
`PH: (954) 320-9507
`Fax: (954) 320-9509
`
`By: s/Jonathan R. Gdanski
`Jonathan R. Gdanski
`Florida Bar No. 0032097
`Brittany C. Barron
`Florida Bar 91361
`jonathan@schlesingerlawoffices.com
`
`bbarron@schlesingerlaw.com
`Mdoss@schlesingerlaw.com
`
`
`
`SERVICELIST
`Moyer-Irimi v. RJ Reynolds Tobacco Co., et al.
`
`Attorney For: R.J. Reynolds Tobacco Company,
`ind. And as successor by merger to Lorillard Tobacco Company:
`Eric L. Lundt, Esq.
`GRAY ROBINSON
`401 East Las Olas Blvd.
`Suite 1000
`Fort Lauderdale, Florida 33301
`eric.lundt@gray-robinson.com
`David. Saltares@ gray-robinson.com
`Phone: (954) 761-8111
`Fax: (954) 761-8112
`
`Paul Reichert
`JONES DAY
`51 Louisiana Avenue, N.W.
`Washington, D.C. 20001
`Telephone: (202) 879-5444
`Facsimile: (202) 626-1700
`preichert@jonesday.com
`
`Stephanie E. Parker
`John M. Walker
`Jennifer L. Weizenecker
`Frank Bayuk
`JONES DAY
`1420 Peachtree Street, N.E. Ste 800
`Atlanta, GA 30309
`separker@jonesday.com
`
`jmwalker@jonesday.com
`jweizenecker@jonesday.com
`fbayuk@jonesday.com
`
`Kenneth Grosse
`JONES DAY
`325 John M. McConnell Blvd.
`Suite 600
`Columbus, OH 43215
`kmgrose@jonesday.com
`
`
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