WEST PALM BEACH CAR ACCIDENT DEFENDANT Motion in Limine
In the __________ Court of ___________ County, ____________

)
_______________, Plaintiff )
)
vs. ) Case No. __________
)
_______________, West Palm Beach car accident defendant )
WEST PALM BEACH CAR ACCIDENT DEFENDANT ’S MOTION IN LIMINE
COMES NOW West Palm Beach car accident defendant , by and through his attorneys of record, and moves the court for its Order in Limine prohibiting plaintiff, plaintiff’s counsel, or any witness for plaintiff from mentioning, directly or indirectly, before the jury or within the hearing of the jury, without the prior approval of this court, the following matters:
1. Except with respect to one properly framed and worded question, at an appropriate time during voir dire, any reference to the fact that there was, or may have been, liability insurance to indemnify West Palm Beach car accident defendant for the occurrence alleged in plaintiff’s petition. The existence of any such matter is incompetent, irrelevant, and immaterial to any of the issues in this case, and is so highly prejudicial that the mere mention thereof within the hearing of the jury will deny West Palm Beach car accident defendant a fair trial despite any subsequent instruction or warning by the court for the jury to disregard the same. This motion does not prohibit the plaintiff from asking a pre-approved and appropriately framed single voir dire question as permitted by this court.
2. The fact that when _________ was injured while operating a John Deere Model 55 combine owned by West Palm Beach car accident defendant ___________ on or about July 6, 1997, at which time said __________ stood in the combine’s grain bin for the purpose of attempting to unplug the auger located at the bottom of the grain bin, and while attempting to unplug the auger at that time and date, said ______________’s foot slid under the auger’s guard and into the rotating auger itself causing significant laceration to his first and second toes to his left foot or the fact that West Palm Beach car accident defendant ______________ was sued with respect to said incident in the Circuit Court of __________ County, ___________ on or about April 15, 1998, which said lawsuit was subsequently dismissed with prejudice on or about July 1, 1999, for the reason that the occurrence of said incident is incompetent, irrelevant or immaterial to any issue in this case, and is not probative of whether or not West Palm Beach car accident defendant was negligent in the instant case or whether or not West Palm Beach car accident defendant possessed any prior knowledge in the instant case as a result of said incident that would be relevant to this case. The mere mention of this incident and the fact that West Palm Beach car accident defendant was sued regarding that incident within the hearing of the jury will deny West Palm Beach car accident defendant a fair trial despite any subsequent instruction or warning by the court for the jury to disregard the same.

_____________________
Attorneys for West Palm Beach car accident defendant