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ORDER RE: ELLIS’ MOTIONS IN LIMINE - 1

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JACKSON & WALLACE LLP 

Washington Mutual Tower 

1201 Third Avenue, Suite 3080 

Seattle, WA 98101 

(206) 386-0214

 HON. J. KELLEY ARNOLD 

UNITED STATES DISTRICT COURT FOR THE 

WESTERN DISTRICT OF WASHINGTON, AT TACOMA 

JAMES Q. WILKINSON, 

Plaintiff, 

v. 

ELDON VAIL; SANDRA CARTER; TINA 

ADAMS; EARL RICHARDSON; 

GREGORY OLEKAS; SAUL 

MAZARIEGO; JOHN IDES; MICHAEL 

CHRISTENSEN; DAVID O’NEEL; 

PHYLLIS ELLIS; and ROBERT SIGNOR, 

Defendant. 

NO. C05-5656JKA 

ORDER RE: DEFENDANT PHYLLIS 

ELLIS’ MOTIONS IN LIMINE 

THIS MATTER having come on for hearing on Defendant Phyllis Ellis’ Motions in 

Limine, by and through her counsel of record, and the Court having considered the files and 

records herein and being fully advised, now, therefore, 

IT IS HEREBY ORDERED, that Plaintiff is precluded from introducing any evidence or 

testimony, comments, argument, statements or questions by counsel, any witnesses, parties, 

directly, indirectly or by inference on the following matters: 

 / / 

 / / 

 / / 

 / / 

 / / 

Case 3:05-cv-05656-JKA Document 183 Filed 04/27/07 Page 1 of 3
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ORDER RE: ELLIS’ MOTIONS IN LIMINE - 2

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JACKSON & WALLACE LLP 

Washington Mutual Tower 

1201 Third Avenue, Suite 3080 

Seattle, WA 98101 

(206) 386-0214

No. Description Granted Denied Reserved 

1 The fact that this motion has been filed. Granted 

2 Witnesses’ probable testimony. Granted 

3 Testimony by non-experts as to medical or 

psychological damage or diagnosis. 

Granted, except as 

to physical 

condition and 

attitude 

 

4 Any testimony purporting to state what the law is. Granted 

5 Testimony as to the value of hedonic damages. Granted 

6 Expenses of litigation. Granted 

7 Prohibiting any reference to the financial 

situation of the parties and Plaintiff’s inability to 

pay for medical services. 

Granted, except as 

to mitigation issues 

 

8 Undisclosed theories of law. Granted 

9 Any Witnesses, Evidence or Theories Not 

Identified in Discovery. 

Granted 

10 All parties should be required to give notice of 

witnesses to be called in trial. 

Granted 

11 Testimony by unqualified persons as to future 

wage loss and future medical expenses. 

Granted 

12 Medical Records and Bills Unsupported by 

Proper Testimony. 

Granted 

13 Arguments that jurors should place themselves in 

the position of Plaintiff are inappropriate. 

Granted 

14 Evidence regarding symptoms, medical 

conditions and medical costs which have not 

been related to this accident by an expert on a 

more-probable-than-not basis. 

Granted 

15 Any statement or testimony without proper 

foundation that the Plaintiff suffered an 

“emotional” or “psychological” injury should be 

excluded. 

Granted 

16 Any evidence or argument concerning insurance 

available to Defendants are inadmissible. 

Granted 

17 Reference to settlement or settlement negotiations 

is inadmissible. 

Granted 

18 Any proffered opinion testimony by Plaintiffs’ 

experts outside of their field of expertise should 

be excluded, including any testimony relating to 

causation and damages. 

 Reserved 

Case 3:05-cv-05656-JKA Document 183 Filed 04/27/07 Page 2 of 3
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ORDER RE: ELLIS’ MOTIONS IN LIMINE - 3

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JACKSON & WALLACE LLP 

Washington Mutual Tower 

1201 Third Avenue, Suite 3080 

Seattle, WA 98101 

(206) 386-0214

IT IS FURTHER ORDERED that Plaintiff’s counsel and Plaintiff shall inform all 

witnesses called by Plaintiff of the prohibition against testimony on these subjects. To the extent 

a particular motion in limine is denied or reserved, Defendant Phyllis Ellis shall have a continuing 

objection as to any evidence or testimony, comments, argument, statements or questions by 

counsel, any witnesses, parties, directly, indirectly or by inference on the matters set forth therein. 

DONE IN OPEN COURT this 27th day of April, 2007. 

/s/ J. Kelley Arnold

 U.S. MAGISTRATE JUDGE 

Presented by: 

JACKSON & WALLACE LLP 

By /s/Matthew R. Wojcik 

Matthew R. Wojcik, WSBA No. 27918 

1201 Third Avenue 

Seattle, WA 98101 

Telephone: (206) 386-0214 

Fax: (206) 386-0216 

Email: mwojcik@jacksonwallace.com 

Attorneys for Defendant Phyllis Ellis 

Case 3:05-cv-05656-JKA Document 183 Filed 04/27/07 Page 3 of 3