West Palm Beach car accident Plaintiff’s Motion in Limine—Closing Argument—Wrongful Death
In the _________ Court of ________ County, ________
________________________, and )
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West Palm Beach car accident Plaintiffs, )
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vs. ) Case No. ____________
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________________________________, )
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Defendant. )
WEST PALM BEACH CAR ACCIDENT PLAINTIFF’S MOTION IN LIMINE REGARDING CLOSING ARGUMENT
Come now West Palm Beach car accident Plaintiffs, by and through their counsel of record, and request the Court enter its order in limine regarding Closing Argument as follows:
1. Prohibiting defendant’s counsel from arguing, either directly or indirectly, before the jury or within the hearing of the jury, the fact that there was, or may have been insurance, of whatever nature, or Medicare or Medicaid benefits, to pay or indemnify West Palm Beach car accident Plaintiffs, or West Palm Beach car accident Plaintiffs’ decedent, for any of the occurrences alleged in West Palm Beach car accident Plaintiffs’ Petition, or the fact that there was, or may have been, any policy of life, health, major medical, hospitalization or disability insurance, or Medicaid, through or by which West Palm Beach car accident Plaintiffs received any payment or indemnification from in regard to any matter or occurrence alleged in West Palm Beach car accident Plaintiffs’ Petition. The mention of any such matter is incompetent, irrelevant, or immaterial to any issue 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 Plaintiffs a fair trial despite any subsequent instruction or warning by the court for the jury to disregard same.
2. Prohibiting defendant’s counsel from arguing, either directly or indirectly, before the jury or within the hearing of the jury, that decedent may have been a smoker or may have drunk any type of alcoholic beverage, as any such statement, whether made orally or as part of a written document, is remote in time, does not constitute a part of the history or diagnosis necessary for the treatment by any doctor for the particular ailment decedent presented to any such doctor, or any such statement, has no bearing on and did not cause or contribute to the cause of death giving rise to this cause of action as pled in West Palm Beach car accident Plaintiffs’ Petition. As such, any mention of same is incompetent, irrelevant, and immaterial to any issue 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 Plaintiffs a fair trial despite any subsequent instruction or warning by the Court for the jury to disregard same.
3. Prohibiting defendant’s counsel from arguing, directly or indirectly, before the jury or within the hearing of the jury, any portion of any medical record or other document indicating that decedent may have had a number of problems to worry about with respect to his marriage or the company that he owned in that any said statement does not constitute a part of the history or diagnosis necessary for any doctor’s treatment of the particular ailment for which decedent presented to said doctor, or any such statement, is too remote in time to be relevant or any such statement has no bearing on and did not cause or contribute to cause the death of decedent as alleged in West Palm Beach car accident Plaintiffs’ Petition in this action. As such, any mention of same is incompetent, irrelevant, and immaterial to any issue 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 Plaintiffs a fair trial despite any subsequent instruction or warning by the Court for the jury to disregard same.
4. Prohibiting defendant’s counsel from arguing, either directly or indirectly, before the jury or within the hearing of the jury, any reference to decedent not following the advice or prescriptions of any doctor or other medical care provider, with the exception of any such evidence regarding any such advice or prescription given by defendants to decedent. Any such evidence is so remote in time as to be irrelevant, or has no bearing on and did not cause or contribute to cause any of the injuries or the cause of death as alleged in West Palm Beach car accident Plaintiffs’ Petition in this action and, as such, is incompetent, irrelevant, and immaterial to any issue 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 Plaintiffs a fair trial despite any subsequent instruction or warning by the Court for the jury to disregard same.
5. Prohibiting defendant’s counsel from arguing, either directly or indirectly, before the jury or within the hearing of the jury, the fact that any award the jury may provide to West Palm Beach car accident Plaintiffs in this action is not subject to income tax as any mention of same is incompetent, irrelevant, and immaterial to any issue 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 Plaintiffs a fair trial despite any subsequent instruction or warning given by the Court for the jury to disregard same.
6. Prohibiting defendant’s counsel from arguing, either directly or indirectly, before the jury or within the hearing of the jury, the effect or existence of any income tax on decedent’s past earnings or on future projections of earnings, as any such mention of the effect of any income tax on said earnings is incompetent, irrelevant, and immaterial to any issue 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 Plaintiffs a fair trial despite any subsequent instruction or warning given by the Court for the jury to disregard same.
7. Prohibiting defendant’s counsel from arguing, before the jury or within the hearing of the jury, the probability or possibility of the remarriage of Myrna West Palm Beach car accident Plaintiff or the probability or possibility of the marriage of Tammy Jo West Palm Beach car accident Plaintiff, or the fact of, probability or possibility that either West Palm Beach car accident Plaintiff may have, since decedent’s death, or may in the future, date or have any type of romantic relationship or arrangement with any individual, as any mention of same is incompetent, irrelevant, and immaterial to any issue 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 Plaintiffs a fair trial despite any subsequent instruction or warning given by the Court for the jury to disregard same.
8. Prohibiting defendant’s counsel from arguing, either directly or indirectly, before the jury or within the hearing of the jury, the fact that West Palm Beach car accident Plaintiffs did not call one or more particular treating physicians to testify on behalf of West Palm Beach car accident Plaintiffs in this medical malpractice action, as the testimony of any such treating physician would be cumulative in nature, or in a medical malpractice action, any such treating physician is equally available to both West Palm Beach car accident Plaintiffs and defendants, or the records of any such treating physician adequately reflects all evidence necessary for his testimony. Any mention of West Palm Beach car accident Plaintiffs’ failure to call such a treating physician under these circumstances is incompetent, irrelevant, and immaterial to any issue in this case and the mere mention thereof within the hearing of the jury constitutes reversible error despite any subsequent warning or instruction by the Court for the jury to disregard same.
9. Prohibiting defendant’s counsel from arguing, either directly or indirectly, before the jury or within the hearing of the jury, the fact that either West Palm Beach car accident Plaintiff has either worked in any employment or has not engaged in employment since the date of decedent’s death as any such mention of same is incompetent, irrelevant, and immaterial to any issue 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 Plaintiffs a fair trial despite any subsequent instruction or warning by the Court for the jury to disregard same.
10. Prohibiting defendant’s counsel from arguing, either directly or indirectly, before the jury or within the hearing of the jury, the effect, or possible effect, the judgment against the defendant may have on defendant’s future if defendant is found liable in the present action as such matter is incompetent, irrelevant, and immaterial to any issues of the case and are so highly prejudicial that their mere mention thereof will deny West Palm Beach car accident Plaintiffs a fair trial despite any subsequent instruction or warning by the Court for the jury to disregard same.

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Attorneys for West Palm Beach car accident Plaintiffs