Wilson v. The Birmingham Public Library Foundation et al

Filing 57

MOTION in Limine by Barbara Ann Wilson. (Morel, Adam)

FILED
2012 Apr-09 PM 07:36
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
BARBARA ANN WILSON,

Plaintiff,
v.
THE CITY OF BIRMINGHAM;
et al.,

Defendants.

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2:10-cv-02386-KOB

PLAINTIFF’S MOTION IN LIMINE
The Plaintiff requests this Court to enter an Order in Limine, to prevent any
mention in opening statement, questioning of witnesses, closing argument or in
any other way before the jury, any of the following matters:
1.

Any reference to the receipt by Plaintiff, or her entitlement to receive,
benefits of any kind from a collateral source, including the following:
health or life insurance coverage; unemployment benefits;
government benefits such as disability pension benefits, Social
Security, Medicaid, Medicare, other benefits; workers’ compensation
benefits; free medical services; “comp time”; or any other benefits.

FRE 402, 403; Brown v. A.J. Gerrard Manufacturing Co., 715 F.2d
1549, 1550 (11th Cir.1983) (en banc)(unemployment compensation
benefits should not be deducted from Title VII back pay awards); See
also Maxfield v. Sinclair Int'l, 766 F.2d 788, 795 (3d Cir.1985), cert.
denied, 474 U.S. 1057, 106 S.Ct. 796, 88 L.Ed.2d 773 (1986)(“...there
are no significant, relevant differences between Social Security
benefits and unemployment benefits insofar as back pay awards are
concerned.)
2.

Any reference to the fact that a portion of Plaintiff’s cause of action
may be a subrogation claim owned by a medical care provider and/or
insurance company. FRE 402, 403.

3.

Any reference that a recovery from this action may or may not be
subject to federal income tax or any other tax. FRE 402, 403.

4.

Any reference to the fact that taxpayers will have to pay or will suffer
from, directly or indirectly, or the effect on the Defendants or
taxpayers of any judgment entered in this case against the Defendants.
FRE 402, 403.

5.

Any reference or suggestion that Defendant is uninsured as to
Plaintiff's claims, including, but not limited to, any reference as to

Defendant as a of limited means, or struggling financially, or any
other such reference which would tend to convey to the jury the
impression that Defendant is a party who cannot afford to pay a
substantial judgment. FRE 402, 403.
6.

Any reference that a motive, purpose or re sult of this lawsuit is or
will be to compensate the Plaintiff’s lawyer. FRE 402, 403.

7.

Any reference that members of the Birmingham Library Board are
volunteers and/or unpaid. FRE 402, 403.

8.

Any reference or indication of any kind that members of the Board or
any individual will personally have to pay any judgment entered in
the case. FRE 402, 403.

9.

Any reference or suggestion that Plaintiff has not called to testify any
witness equally available to both parties in this case. FRE 402, 403;
United States v. Chapman, 435 F.2d 1245, 1247 (5th Cir. 1971).
(An inference from a party’s failure to call a witness equally available
to both parties is impermissible).

Respectfully submitted,
s/Adam P. Morel
Adam P. Morel
ATTORNEY FOR PLAINTIFF

OF COUNSEL:
LAW OFFICES OF ADAM MOREL, P.C.
517 Beacon Parkway West
Birmingham, AL 35209
Telephone: [phone]
Facsimile: [phone]
CERTIFICATE OF SERVICE

I hereby certify that a copy of the above has been served on all counsel of
record via electronic filing.

This the 9th day of April, 2012.

s/Adam P. Morel
OF COUNSEL