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Nursing Home Motion 12 - Plaintiff's Motion in Limine Barring Mention of Plaintiff's Finances or Relationships

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Plaintiff's Motion in Limine

NOW COMES the Plaintiff, DEBORAH SWOOPE, as Special Administrator of the Estate of FLORA JOHNSON, deceased, and respectfully moves this Court for the entry of an Order in Limine, prior to trial and selection of the jury, and to instruct the Defendant, their respective counsel, and all witnesses or representatives not to mention any of the following in the presence of the jury, directly or indirectly, through the presentation of evidence, by argument, testimony, or by innuendo, and to:

1. Prohibit testimony with regard to the poverty, wealth, financial status, pecuniary position, or any alleged inability to pay a judgment , of the Defendant including that he may only earn $22.00 for each visit with nursing home patients. Hedge vs. Midwest Contractors Equipment, 53 Ill.App.2d 365, 202 N.E.2d 869 (1st Dist.1964).

2. Prohibit any testimony regarding the financial impact a judgment may have on the Defendant, or the impact a potential verdict has on insurance rates, tax rates, property taxes, the general business climate, or the like. Schultz vs. Sidens, 191 Ill.App.3d 622, 548 N.E.2d 87 (5th Dist.1989).

3. Prohibit testimony with regard to any collateral source payments, insurance recoveries, governmental assistance, benefits and/or payments, including the amount of the settlement with the Belhaven nursing home, received by the Plaintiff. Wilson vs. Hoffman, 135 Ill.2d 308, 546 N.E.2d 524 (1989)

4. Prohibit testimony with regard to the employment relationship of Plaintiff's attorney any prior attorneys, and fee arrangements.

5. Prohibit any testimony regarding the nontaxable status of recoveries of personal injury claims, settlements, or verdicts. Klawonn vs. Mitchell, 105 Ill.2d 450, 475 N.E.2d 857 (1985).

6. Prohibit any testimony or argument that the Plaintiff could or should invest the money requested, that the money requested could earn interest, that Plaintiff could buy an annuity, that the Plaintiff is asking for many times the lifetime earnings of the average worker or the like, as said argument is improper. Schaffner v. Chicago & Northwestern Transportation Co., 129 Ill.2d 1, 541 N.E.2d 643 (1989).

7. Prohibit the Defendant and their witnesses from discussing, referring to or relying on any medical literature or statistics as a basis for their opinions as there has been no disclosure that Defendants are relying on any articles or statistics in support of their opinions. Illinois Supreme Court Rule 213.

8. Prohibit testimony with regard to the possible use of alcoholic beverages or tobacco products on the part of the Plaintiff's Decedent.

9. Prohibit testimony that Diane Kirk, or any other family member, had previously field a lawsuit as it is irrelevant to any issue in this case.

10. Prohibit any testimony that Dr. Williams, a double board certified physician, was not accepted into any medical school within the United States. O'Brien vs. Meyer, 196 Ill.App.3d 457, 554 N.E.2d 257 (1st Dist.1990).

11. Prohibit any testimony that the Belhaven Nursing Home was previously a Defendant in this action, and that it entered into a settlement and was dismissed.

12. That Flora Johnson was receiving, or her medical bills were paid by public aid, medicare and/or medicaid.

13. That Debra Swoope complained of the care and treatment Flora Johnson received at Rush Presbyterian St. Lukes Medical Center.

14. That Flora Johnson was receiving money from social security and a railroad pension.

15. That Flora Johnson was placed on a “DNR” status at another facility prior to being admitted to Belhaven Nursing Home.

16. That Flora Johnson was placed on a “DNR” status at Little Company of Mary Hospital.

17. That Flora Johnson's family decided against the use of a gastric feeding tube.

18. Prohibit any testimony by Dr. Levine, or any other witness other than Defendant's retained expert, Dr. Homa, that Flora Johnson died from a brain tumor.

WHEREFORE, Plaintiff respectfully requests this Court to instruct the Defendant their counsel, and all witnesses or representatives not to mention, question, refer to, inquire, suggest, volunteer or otherwise attempt to convey before the jury, at any time during these proceedings, in any manner, directly or indirectly, the subject matters as stated above without first informing the Court and obtaining a ruling by the Court outside the presence and hearing of the jury and, further, to instruct the defendant, through its counsel, not to make reference to or imply the fact that this motion has been filed, argued, or ruled on by this Court.

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