IN THE CIRCUIT COURT FOR BALTIMORE CITY, MARYLAND

           

ESTATE OF PATRICIA MARTIN,

By her personal representative James Martin,

* *
And

* *
DEANNA MARIE MELTON, * CASE NO. 24-C-02-004042
By her Father and Next Friend, Robert Melton

* *
Plaintiffs,

* *

v.

* *
MARYLAND MECHANICAL SYSTEM, INC.,

* *
Defendant.

* * * * * * * * * * *

 

MOTION IN LIMINE TO EXCLUDE OPINION TESTIMONY FROM RICHARD BAKER AS TO HOW THE ACCIDENT OCCURRED

Plaintiffs, Estate of Patricia Martin, by her Personal Representative James Martin, and Deanna Marie Melton, by her Father and Next Friend, Robert Melton, by and through their undersigned counsel, request that this Court exclude opinion testimony from Richard Baker.  In support, Plaintiffs state as follows:

Defendant is expected to reference in its opening statement and seek its expert Mr. Richard Baker's opinion on how the accident in question occurred.  Specifically, Defendant is expected to seek testimony from Mr. Baker that he believes that the accident was caused by an improper technique used by one of the decedent’s co-workers in cleaning a strainer.

It is expected that Mr. Baker will testify that:   (1) he does not hold any opinion to a reasonable degree of certainty as to how the accident occurred; (2) he does not feel qualified to offer an opinion as to how the accident occurred; (3) other scenarios as to how the accident occurred are equally likely; (4) neither he nor Domino investigated the accident for the purpose of determining how it occurred; rather, he will testify the investigation was to make sure a similar accident did not occur again, and, accordingly, efforts were not made that would have been made had that been Domino’s or Mr. Baker’s purpose; (5) he did not know where Ms. Martin was burned at the time of his deposition and that has altered his views; and (6) he did not know at the time of his deposition that there was medical evidence that exposure to three gallons of this hot slurry could cause this injury.

Defendant should not try to solicit testimony from its own expert that the expert does not wish to give or believe that he is qualified to give nor should he be able to impeach his own witness with his prior testimony.

Accordingly, Plaintiff requests that this Court order Defendant not to suggest in opening or elicit through Mr. Baker his opinions as to how this accident occurred.

Respectfully submitted,

                                                                          ___________________________

 

Ronald V. Miller, Jr.
Laura G. Zois
Empire Towers, Suite 615
7310 Ritchie Highway
Glen Burnie, Maryland 21061
(410)553-6000
(410)760-8922 (fax)
Attorneys for the Plaintiff

                                                                 

J. Edward Martin
409 Washington Avenue, Suite 707
Towson, Maryland 21204
Co-Counsel for Minor Plaintiff

 

Certificate of Service

We hereby certify that a copy of the foregoing Motion in Limine to Exclude Opinion Testimony of Richard Baker was sent via U.S. Mail, first-class, postage prepaid, this 1st day of June, 2004, to:

 

Douglas W. Biser, Esquire

Mudd, Harrison & Burch

Jefferson Building, Suite 300

105 West Chesapeake Avenue

Towson, Maryland, 21204

Counsel for Defendant

 

Carmel J. Snow, Esquire

2701 W. Patapsco Avenue, Suite 109

Baltimore, Maryland   21230

Counsel for Minor Plaintiff

 

 

                                                               

Ronald V. Miller, Jr.



 

IN THE CIRCUIT COURT FOR BALTIMORE CITY, MARYLAND

           

ESTATE OF PATRICIA MARTIN, et al.,

* *
Plaintiffs,

* *
v.

CASE NO.: 24-C-02-004042
MARYLAND MECHANICAL SYSTEM, INC.,

* *
Defendant.

* * * * * * * * * *

 

O R D E R

Upon consideration of the Plaintiffs' Motion in Limine to Exclude Opinion Testimony from Ricahrd Baker, it is this _________ day of ________________________, 2005, by the Circuit Court for Baltimore City, Maryland, hereby ORDERED, that the Plaintiffs’ motion be GRANTED; and it is further ORDERED, that Richard Baker’s testimony be excluded.

 

 

                                                                                

JUDGE

 

COPIES TO:

 Ronald V. Miller, Jr., Esq.

Miller & Zois, LLC

7310 Ritchie Highway, Suite 615

Glen Burnie, Maryland   21061

 

J. Edward Martin, Esq.

409 Washington Avenue, Suite 707

Towson, Maryland   21204

 

Douglas W. Biser, Esq.

Mudd, Harrison & Burch

105 West Chesapeake Avenue, Suite 300

Towson, Maryland   21204

 

Carmel J. Snow, Esq.

2701 W. Patapsco Avenue, Suite 109

Baltimore, Maryland   21230

 

 

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