Motion in Limine Regarding Cocaine Use
IN THE CIRCUIT COURT FOR PRINCE GEORGE’S COUNTY
DAVID KENDRICK, M.D., et al.
Case No. CAL-12-13546Plaintiff’s Motion in Limine to Exclude Evidence of Substance Abuse
Plaintiff moves in limine to exclude evidence of substance abuse by the late Laura Raleigh, and in support thereof states as follows:
Plaintiffs' decedent, Laura Raleigh, presented to Washington Adventist Hosptial for surgery. Defendant David Kendrick, M.D. performed the surgery. Decedent went into cardiac arrest when Dr. Kendrick inserted a blood-clot filter into her superior vena cava.
Contained within Laura Raleigh’s medical chart is a notation that she used cocaine in the past. Both Laura Raleigh’s sister Anna Monroe and her daughter Kimberly Dodden were questioned during their depositions regarding Laura Raleigh’s cocaine use in the past. Ms. Giddings testified that “I never saw her use cocaine…” and she only became aware of her sister’s alleged use of cocaine by “Rumors, people you know.” Exhibit 1, pages 89-93. Kimberly Dodden testified that “I never observed her using, it….” When asked how often did she see Mrs. Raleigh under the influence of drugs she answered “Never”. When asked how she found out that her mother had a cocaine problem she said “Conversations that I heard as a child with –from my grandmother….” See Exhibit 2, pages 113, 114. Neither Ms. Giddings nor Ms. Dodden can provide any direct testimony on this issue.
Additionally, Defendant’s expert witness John V. Davis, Jr. was asked if the late Laura Raleigh’s cocaine use in the past had any bearing on the medical issues in this case and he said he would have a hard time imagining that it would. See Exhibit 14B, page 176.
In conclusion, whether the late Laura Raleigh used cocaine sometime in her life is irrelevant to any issues for the jury’s consideration. As such, the Defendants should not be permitted to interject this irrelevant evidence into the trial.
Accoprdingly, Plaintiff respectfully requests that the Defendants be precluded from mention at trial or introducing any evidence at trial that the late Laura Raleigh abused cocaine at trial.