Motion in Limine to Prevent Allstate From Taking Inconsistent Positions

IN THE CIRCUIT COURT FOR BALTIMORE CITY, MARYLAND

FREDERICK F. BROGLIE, JR.,
- Plaintiff,

v.

ALLSTATE INSURANCE CO., et al.,
- Defendants.

CASE NO.: 24-C-11-9077

Motion in Limine to Prevent Defendant from Proffering Inconsistent Evidence at Trial

Frederick F. Broglie, Jr., Plaintiff, by and through his attorneys, Ronald V. Miller, Jr., Laura G. Zois, and Miller & Zois, LLC, requests that this Honorable Court preclude Defendant from making any contentions or presenting any evidence that is directly or indirectly inconsistent with its admissions in this case. In further support, Plaintiff states as follows:

  1. On April 28, 2013, Plaintiff served upon Defendant Allstate discovery requests, including Request for Admissions. See Exhibit A. After numerous requests that Defendant comply with its discovery obligations, Plaintiff filed on July 8, 2013 a Motion to Compel, seeking, among other relief, and order deeming admitted Plaintiff’s Request for Admissions. See Exhibit B. On August 23, 2013, this Court granted Plaintiff’s Motion deeming admitted Plaintiff’s Request for Admissions. See Exhibit C. Defendant has not sought relief from the Court with respect to these responses.

  2. Defendant has made a number of admissions conceding (1) liability; (2) the permanency of Plaintiff’s injuries; (3) that medical treatment and medical bills rendered were fair, reasonable, medically necessary, and causally related to the car crash complained of in the Plaintiff's Complaint; (4) that Plaintiff has injuries to his right shoulder, left knee, neck and upper back, and right shin; (5) that the injury to Plaintiff's left knee is such that he cannot twist, squat, dance, or take a long walk without pain; and (6) that the injury to Plaintiff's right shoulder is such that he has pain even combing his hair or using a salt and pepper shaker.

  3. Plaintiff expects that Defendant will attempt to ignore these admissions and proffer through evidence and arguments facts that contradict these admissions. Specifically, Defendant has named Dr. Donald Saltzman as an expert. Plaintiff anticipates that Dr. Saltzman will proffer testimony that contradicts Defendant’s admissions.

WHEREFORE, Plaintiff respectfully requests that this Court issue an order precluding Defendant from proffering evidence that contradicts its admissions.

Respectfully submitted,
MILLER & ZOIS, LLC

Ronald V. Miller, Jr.
Laura G. Zois
1 South St, #2450
Baltimore, MD 21202
(410)779-4600
(410)760-8922 (fax)
Attorneys for the Plaintiff

Certificate of Service

I hereby certify that a copy of the foregoing Motion in Limine and proposed Order was sent via U.S. Mail, first-class, postage prepaid, this 10th day of October, 2013, to:

Jacqueline M. Bunty, Esq.
Allstate Insurance Company
10 N. Calvert Street, Suite 444
Baltimore, Maryland 21202

Ronald V. Miller, Jr.

IN THE CIRCUIT COURT FOR BALTIMORE CITY, MARYLAND

FREDERICK F. BROGLIE, JR.,
- Plaintiff,

v.

ALLSTATE INSURANCE CO., et al.,
- Defendants.

CASE NO.: 24-C-03-9077

ORDER

Upon consideration of the Plaintiff's Motion in Limine, it is this _____ day of , 2013, by the Circuit Court for Baltimore City, Maryland, hereby ORDERED, that the Plaintiff’s Motion is hereby GRANTED; and it is further, ORDERED, that the Defendant shall be precluded from proffering evidence that contradicts its admission responses.

JUDGE

COPIES TO:

Ronald V. Miller, Jr., Esquire
Laura G. Zois, Esquire
Miller & Zois, LLC
1 South St, #2450
Baltimore, MD 21202

Jacqueline M. Bunty, Esq.
Allstate Insurance Company
10 N. Calvert Street, Suite 444
Baltimore, Maryland 21202

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