9 Fla. L. Weekly Supp. 721a
Insurance — Personal injury protection — Motion in limine is partially granted, prohibiting insurer from making any mention or question regarding fault related to the accident, whether type of impact would produce injury claimed, anything suspicious about the accident, any comment made by anyone at accident scene during accident investigation, whether insured is dishonest and committing insurance fraud, motivation for insured seeking treatment, insured’s financial status, other claims insured has made, effect of suit on insurance rates, opinion as to validity of claim, observations of insured after the accident suggesting a lack of injury, suggestion that physician hired by insurer is “court-appointed” or independent, possibility of insured obtaining settlements against others, whether this type of case is cause for court backlog, or attorney’s fees and statutory entitlement to fees
JODY KLINE LEVINSON, Plaintiff, vs. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant. County Court, 17th Judicial Circuit in and for Broward County. Case No: COCE 99-012244 (50). August 14, 2002. Peter Skolnik, Judge. Counsel: Andrew J. Weinstein, Weinstein & Associates, P.A., Coral Springs, for Plaintiff. James T. Sparkman.
ORDER ON PLAINTIFF’S MOTION IN LIMINE
THIS CAUSE having come before the undersigned, on the Motion in Limine filed by the Plaintiff, JODY LEVINSON, in this matter and the Court having heard argument from counsel and being otherwise fully advised in the premises, it is hereupon:
ORDERED AND ADJUDGED that Counsel and any and all witnesses called on behalf of Defendant are hereby instructed to refrain from any mention or interrogation, directly or indirectly, in any manner whatsoever, including offering of documentary evidence, concerning any matters hereafter set out without first requesting or obtaining a ruling from the Court outside the presence and hearing of all prospective jurors and jurors ultimately selected in this cause in regard to any alleged theory of admissibility of such matters, to wit:
1. Defendant shall be prohibited from making any mention, comment, reference, suggestion or question regarding fault or the reasonableness of the conduct of any person in relation to the auto accident.
2. Defendant shall be prohibited from making any mention, comment, reference, suggestion or question regarding anything suspicious about the accident.
3. Defendant shall be prohibited from making any mention, comment, reference, suggestion or question that the type of impact involved in this case would not produce injury.
4. Defendant shall be prohibited from making any mention, comment, reference, suggestion or question that the Plaintiff is dishonest or is committing insurance fraud or that her claim is suspect.
5. Defendant shall be prohibited from making any mention, comment, reference, suggestion or question to anything that was said by anyone at the scene of the accident during the accident investigation.
6. Defendant shall be prohibited from making any mention, comment, reference, suggestion or question to the date Plaintiff may have hired her lawyer and any suggestion that the timing of Plaintiff’s decision to hire a lawyer proves any issue in this case.
7. Defendant shall be prohibited from making any mention, comment, reference, suggestion or question to the Plaintiff’s desire for treatment being motivated by her attorneys, claim building or establishment of the tort threshold in a personal injury case.
8. Defendant shall be prohibited from making any mention, comment, reference, suggestion or question to the financial status of the Plaintiff.
9. Defendant shall be prohibited from making any mention, comment, reference, suggestion or question to any claims that the Plaintiff has ever made including unemployment, workers compensation, or jury claims whatsoever.
10. Defendant shall be prohibited from making any mention, comment, reference, suggestion or question of this suit or judgment in this suit would have any effect upon the insurance rates, premium or charges, either generally or as particularly applied to the Defendant as a result of this matter.
11. Defendant shall be prohibited from making any mention, comment, reference, suggestion or question of the opinion of any adjuster of Defendant or the opinion any witness appearing on behalf of Defendant as to the validity or the lack of validity of the Plaintiff’s claim.
12. Defendant shall be prohibited from making any mention, comment, reference, suggestion or question concerning what the Plaintiff was seen doing after the accident by any witness that allegedly shows there was no injury nor the opinion of any witness that the Plaintiff was not injured as a result of observing what they were doing.
13. Defendant shall be prohibited from making any mention, comment, reference, suggestion or question that the physician hired by the defense is “independent” or “court-appointed”.
14. Defendant shall be prohibited from making any mention, comment, reference, suggestion or question that the Plaintiff obtained or may obtain a settlement against other parties.
15. Defendant shall be prohibited from making any mention, comment, reference, suggestion or question that this type of case is the cause of delays or backlogs in the court system.
16. Defendant shall be prohibited from making any mention, comment, reference, suggestion or question of other patients of the treating physicians of Plaintiff.
17. Defendant shall be prohibited from making any mention, comment, reference, suggestion or question regarding anything to do with attorney fees in this or any other personal injury protection claim or that Plaintiff’s counsel is statutorily entitled to attorney’s fees pursuant to Florida Statute if Plaintiff is the prevailing party in this case.
22. The remaining matters contained within the Plaintiff’s Motion in Limine are DENIED, with the exception of those items contained within A thru O of the Plaintiff’s Memorandum of Law, which have not been heard by the Court, and may therefore be addressed at the time of trial.
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