`
`
`
`CIVIL DIVISION ASBESTOS
`
`G.D. 15-017928
`
`Code: 012
`
`JURY TRIAL DEMANDED
`
`MOTION IN LIMINE TO EXCLUDE
`ALL ATI DOCUMENTS, ALL IHF
`DOCUMENTS AND RELATED
`DEPOSITIONS
`
`Filed On Behalf Of Defendant:
`FOSECO, INC.
`
`Counsel of Record for this party:
`
`TERRY A. SCHROCK, ESQUIRE
`PA I.D. No. 87336
`
`MARON MARVEL BRADLEY
`ANDERSON & TARDY LLC
`The Landmarks Building
`Suite 250
`100 West Station Square Drive
`Pittsburgh, PA 15219
`(412) 281-5560
`
`
`))))))))))))))))))))))))))))
`
`
`)
`
`
`PATRICIA JACOBS, Executrix of the
`Estate of GEORGE R. JACOBS,
`deceased, and PATRICIA JACOBS, in
`her own right,
`
`
`Plaintiff,
`
`
` vs.
`
`FOSECO INC., et. al.,
`
`
` Defendants.
`
`
`
`IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA
`
`
`PATRICIA JACOBS, Executrix of the
`Estate of GEORGE R. JACOBS,
`deceased, and PATRICIA JACOBS, in
`her own right,
`
`
`CIVIL DIVISION ASBESTOS
`
`G.D. 15-017928
`
`Code: 012
`
`
`)))))))))
`
`
`)
`)
`
`Plaintiff,
`
`
` vs.
`
`FOSECO INC., et. al.,
`
`
` Defendants.
`
`
`MOTION IN LIMINE TO EXCLUDE ALL ATI DOCUMENTS, ALL IHF DOCUMENTS
`AND RELATED DEPOSITIONS
`
`AND NOW, comes Defendant FOSECO, INC., by its attorneys, Maron Marvel Bradley
`
`Anderson & Tardy LLC, and moves this Court in Limine for an order excluding all Asbestos
`Textile Institute (“ATI”) documents, all Industrial Health Foundation (“IHF”) documents and
`related deposition testimony from being introduced into evidence against Defendant Foseco, Inc. for
`the following reasons:
`Plaintiff claims that Plaintiff-Decedent contracted an asbestos-related disease as a
`1.
`result of exposure to Defendant’s asbestos-containing products.
`Plaintiff has included in the exhibit list documents pertaining to activities of IHF and
`2.
`
`ATI.
`
`Foseco, Inc. has never belonged to ATI, nor did it ever belong to IHF.
`3.
`Because Foseco, Inc. was never a member of ATI or IHF, these documents are
`4.
`inadmissible to show purported knowledge on Defendant’s part of the hazards, if any, associated
`with asbestos-containing product.
`Unless Plaintiff can show that Foseco, Inc. received or had actual knowledge of the
`5.
`contents of any these documents, these documents should be inadmissible to show notice of the
`alleged dangers of asbestos with respect to the Defendant in the above-captioned lawsuit.
`6. The ATI documents and the IHF documents, even if relevant to Plaintiff’s claims
`against Defendant, nevertheless would result in unfair prejudice to Defendant and must be
`
`
`
`excluded, as the danger of unfair prejudice, confusion of the issues, or misleading the jury
`substantially outweighs any potential probative value.
` Introducing the ATI documents or the IHF documents against Defendant would
`7.
`cause the jury to assume that Defendant possessed knowledge of the information contained
`therein. Unless Plaintiff can show in their lawsuit that Foseco, Inc. received or had actual
`knowledge of the documents, Defendant would be prejudiced by the admission of the documents
`and denied its right to a fair trial in each such case.
`
`WHEREFORE, Defendant Foseco, Inc. moves that this Honorable Court exclude any and all
`evidence of punitive damages against Foseco, Inc. and dismiss the punitive damages claim against
`it.
`
`Respectfully submitted,
`
`MARON MARVEL BRADLEY
`ANDERSON & TARDY LLC
`
`
`
`
`
`By:
`
`
`
`
`/s/ Terry A. Schrock
`
`(electronically filed)
`Terry A. Schrock, Esquire
`Pa. I.D. 87336
`
`Attorneys for Defendant Foseco Inc.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that a true and correct copy of the foregoing
`
`MOTION IN LIMINE TO EXLUDE ALL ATI DOCUMENTS, ALL IHF DOCUMENTS
`AND RELATED DEPOSITIONS was served upon Plaintiff’s counsel, addressed as follows via
`first class mail, and all other counsel of record were notified of filing of the same, via electronic
`mail, this 7th day of November, 2016.
`
`
`
`
`
`
`Cori J. Kapusta, Esquire
`Goldberg, Persky & White, PC
`11 Stanwix Street, Suite 1800
`Pittsburgh, PA 15222
`
`By: /s/ (electronically filed)
` Terry A. Schrock, Esquire
`
`
`
`IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA
`
`CIVIL DIVISION ASBESTOS
`
`
`G.D. 10-016022
`
`
`Code: 012
`
`
`JURY TRIAL DEMANDED
`
`
`)))))))))))
`
`
`
`KAREN S. KITTLE, Executrix of the
`Estate of TERRY M. KITTLE, deceased,
`
` Plaintiff,
`
` vs.
`
`FOSECO INC., et. al.,
`
`
` Defendants.
`
`ORDER OF COURT
`
`AND NOW, to-wit, this
`
` day of ________________ 20____, upon consideration of
`
`
`
`
`
`
`
`this MOTION IN LIMINE TO EXCLUDE ALL ATI DOCUMENTS, ALL IHF
`
`DOCUMENTS AND RELATED DEPOSITIONS, it is hereby ORDERED and DECREED that
`
`said Motion which has been filed on behalf of the Defendant, FOSECO, INC., is hereby
`
`__________________________.
`
`
`
`
`
`
`
`BY THE COURT:
`
`
`
`
`
`
`
`
`
`
`
`
`
`
` J.
`
`
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