IN THE CIRCUIT COURT OF
COUNTY DEPARTMENT, LAW
DIVISION
JOHN RUSSO, )
)
Plaintiff, )
)
v. )
) No. 00 L 003518
DAVID M. RUSSO and DAVID M. RUSSO )
d/b/a D.J. TOWING, INC. n/k/a
D.J.’S )
TOWING, INC., )
)
Defendants. )
MOTIONS IN LIMINE WITH ORDER
NOW COME the Defendants, DAVID M.
RUSSO and D.J. TOWING, INC.,
by and through their attorney, LAW OFFICES LOWELL D. SNORF, III,
and for purposes of trial request the Plaintiff, JOHN RUSSO, be barred from
testifying or referencing to the following:
1. No reference to any
right hand, wrist, or right forearm injury; no reference to any hospital or
medical expense related to any treatment related to any right forearm injury,
as same has been withdrawn by stipulation. (See attached stipulation)
Granted Denied Reserved Withdrawn
2. No reference that Plaintiff’s
pre-existing spondylolysis or spondylolisthesis
made Plaintiff more susceptible to injuries on
Granted Denied Reserved Withdrawn
3. No reference
that Plaintiff was in a weakened condition as a result of the March 29, 1998
accident and was more susceptible to future injury on February 20, 2001, as no
treatment opinion or S.C.R. 213 disclosure has been offered to establish same.
Granted Denied Reserved Withdrawn
4. Relative
to the February 20, 2001 occurrence, no discussion, reference or evidence that
David Russo is responsible for the increased risk of future injuries to John
Russo resulting from the March 29, 1998 accident. Dillon v.
Granted Denied Reserved Withdrawn
5. No
discussion, reference or evidence that David Russo is responsible for the
increased risk of future injuries to John Russo resulting from the
Granted Denied Reserved Withdrawn
6. No reference to the injuries of David Russo, Diane Amaro or Roth DeSanto. No reference they were removed from the scene
by ambulance. No reference an ambulance
arrived to remove them from the scene.
Granted Denied Reserved Withdrawn
7. Pursuant
to DiCosola v. Bowman, 342 Ill.App.3d 530,
794 N.E.2d 875 (2003), no reference to property damage estimates or repairs on
Defendant’s tow truck; no reference to the truck’s condition after the
accident; no use of photographs or estimates of repair for purposes of
establishing the nature and extent of Plaintiff’s injuries. No expert opinion or 213 disclosure
has been offered to establish same. No
lay witness opinion by anyone the truck was “totaled”.
Granted Denied Reserved Withdrawn
8. No
reference that Defendant has insurance; no reference to Defendant’s insurance
adjusters, Defendant’s insurance claim handling, or any matter referencing
Defendant’s insurance or insurance investigators; further that all counsel
advise all witnesses of this prohibition
Granted Denied Reserved Withdrawn
9. No
reference to any prior settlement, compromise, or offer.
Granted Denied Reserved Withdrawn
10. That all counsel refrain from vouching
for the credibility of any witness.
Granted Denied Reserved Withdrawn
11. That
all counsel refrain
from asking jurors to put themselves in the
position of Plaintiff or Defendant.
Granted Denied Reserved Withdrawn
12. Bar Police Officer Mari Ellen Balcar
from offering opinions as to fault of any involved driver, as no such opinions have been
disclosed in any S.C.R. 213 interrogatory answers.
REASON: The testimony of Police Officer Mari Ellen Balcar
should be confined to the matters contained within the police report and no
other opinions should be allowed. There
has been no disclosure of any opinions, conclusions, or qualifications of
Police Officer Mari Ellen Balcar other than what is
contained in report.
Granted Denied Reserved Withdrawn
13. Bar Police Officer Mari Ellen Balcar from discussing any tickets issued to DAVID RUSSO.
Granted Denied Reserved Withdrawn
14. Bar
Police Officer Mari Ellen Balcar from offering
accident reconstruction testimony, as such opinions have not been disclosed
under S.C.R. 213. There are also witnesses
to the accident.
Granted Denied Reserved Withdrawn
15. Bar any
reference or implication by Police Officer Mari Ellen Balcar
as to the fault of any driver in this case; further bar her from describing the
amount of property damage.
Granted Denied Reserved Withdrawn
16. Bar
Plaintiff from claiming damages or treatment expenses from David Russo for any
treatments from William Sarrantos, M.D., as the
evidence deposition and discovery deposition of William Sarrantos,
M.D. attributes all post
Granted Denied Reserved Withdrawn
17. Bar
Michael Haak, M.D. from rendering any opinions that
John Russo will incur any future medical expense relating to the
Granted Denied Reserved Withdrawn
18. Bar
Michael Haak, M.D. from rendering any opinions that
John Russo will incur any future medical expense relating to the
Granted Denied Reserved Withdrawn
19. Bar
Plaintiff from claiming from David Russo any future medical expenses from the
Granted Denied Reserved Withdrawn
20. Bar
Plaintiff from claiming from David Russo any future medical expenses from the
Granted Denied Reserved Withdrawn
21. Bar
Plaintiff from claiming from David Russo any future medical expenses from the
Granted Denied Reserved Withdrawn
22. Bar
Plaintiff from requesting or arguing Plaintiff is entitled to aggravation of
any pre-existing ailment from David Russo resulting from the
Granted Denied Reserved Withdrawn
23. Bar
Plaintiff from requesting or arguing Plaintiff is entitled to aggravation of
any pre-existing ailment from David Russo resulting from the
Granted Denied Reserved Withdrawn
24. No lay
witness medical testimony.
Granted Denied Reserved Withdrawn
25. Bar plaintiff from seeking damages from David Russo after the
REASON: Under 735 ILCS 5/2-614 damages
arising from separate occurrences against separate defendants cannot be
combined unless there is an indivisible injury.
Distinct causes of action exist when the grounds for recovery derive
from different statutes or common law doctrines, Kruitskie v. Cramlett,
301 Ill App 3d 705, 704 N.E.2d 957 (2d, Dis. 1998). Plaintiff cannot seek damages from David
Russo for a separate incident giving rise to John Russo’s F.E.L.A. claim.
Further, on
Granted Denied Reserved Withdrawn
Atty. No. 71148
Name Lowell
D. Snorf, III , 20
Attorney for Defendants
Address
77 West
City
Telephone (312) 726-8961
Judge Judge’s No.