IN THE UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF ILLINOIS, EASTERN DIVISION 

EDWARD HOLMES, ) 

 ) 

 Plaintiff, ) 

 ) 02 C 7266 

 v. ) 

 ) Judge Brown 

DR. KUL SOOD, ) 

 ) 

 Defendant. ) 

DEFENDANT’S RESPONSE TO PLAINTIFF’S FOURTH MOTION IN LIMINE

TO BAR REFERENCE TO CERTAIN HEALTH CONDITIONS

 Defendant, Dr. Kul Sood, by his attorneys Charysh & Schroeder, Ltd., and for his 

response to plaintiff’s fourth motion in limine to bar reference to certain medical 

conditions of plaintiff states: 

 Plaintiff claims that his medical history outside of his gastrointestinal issues is not 

relevant and should be barred. While putting his medical condition at issue, he 

essentially seeks to preclude any and all other relevant evidence relating to this topic. 

Included in the items plaintiff wishes to bar is reference to plaintiff’s orthopedic 

treatment and his arthritis. These are clearly relevant. Plaintiff’s expert, Dr. Himmelman 

testified that he found the continued administration of certain narcotic medication 

“incongruent.” (See Himmelman dep. p. 84-85, attached as Exhibit A) Dr. Franklin, 

plaintiff’s other expert, testified that one of the first things he would have done had he 

examined Mr. Holmes was to reduce his narcotic medications to a minimum. (Franklin 

Dep. p. 126-127, attached as Exhibit B) It would be important and clearly relevant that 

when plaintiff was booked into the WCADF he was on prescription narcotics for his 

Case: 1:02-cv-07266 Document #: 110 Filed: 05/01/06 Page 1 of 4 PageID #:787
orthopedic pain, namely his hips. Such testimony is relevant and clearly not barred by 

FRE 403. 

 Plaintiff also seeks to prohibit any mention of any other medical issues including 

his asthma, hemorrhoids, and erectile dysfunction all of which relate to his current 

medical situation. Plaintiff is seeking compensatory damages in this case for physical 

and mental suffering. (See p. 8, Final Pretrial Order) As the plaintiff is seeking recovery 

for physical and mental suffering, a jury should be allowed to know of the other serious 

chronic medical conditions plaintiff was suffering from at the same time as the injuries he 

is alleging in this case. Defendant does not wish to go into these issues for the purpose of 

embarrassing Mr. Holmes. Defendant previously stipulated not to make reference to 

issues which are embarrassing, yet not probative of the matters at issue in this case. 

These issues include, the fact that Mr. Holmes’ son was born prior to his marriage to Mrs. 

Holmes, Mr. and Mrs. Holmes were separated for approximately one year, that plaintiff 

has 20 siblings, that Mr. Holmes was a shooting victim and that plaintiff has a seventh 

grade education. (See Final Pretrial Order, p. 10) 

 This is plaintiff’s medical history, including chronic conditions that plaintiff 

continues to suffer from. It would be unduly restrictive and prejudicial to the defendant 

to prohibit any reference to these conditions when the plaintiff is seeking compensation 

for pain and suffering allegedly caused by only one of a litany of ailments. If plaintiff’s 

motion is granted, the jury will be asked to weigh plaintiff’s allegations of physical and 

mental suffering as related to this claimed injury or condition in a vacuum, without 

knowledge of his other chronic health problems which also cause him physical and 

mental pain. While plaintiff assures the court he will not claim that “he can no longer sky 

Case: 1:02-cv-07266 Document #: 110 Filed: 05/01/06 Page 2 of 4 PageID #:788
dive,” it will be impossible for the jury to accurately and reasonably determine any 

possible award for any physical and mental suffering without knowing the full extent of 

his other medical problems. 

 WHEREFORE, defendant, Dr. Kul Sood respectfully requests this Honorable 

Court deny plaintiff’s Fourth Motion in Limine, and grant such other further relief as the 

court deems just and proper. 

 CHARYSH & SCHROEDER, LTD. 

 

 _/s/ Michael J. Charysh___________

Michael J. Charysh (ARDC 6187455) 

CHARYSH & SCHROEDER, LTD. 

33 North Dearborn Street, Suite 1300 

Chicago, Illinois 60602 

(312) 372-8338 

Case: 1:02-cv-07266 Document #: 110 Filed: 05/01/06 Page 3 of 4 PageID #:789
CERTIFICATE OF SERVICE

 The undersigned attorney certifies that he served a copy of the foregoing documents 

on all attorneys of record via electronic notification to EFC participants, and by U.S. Mail to 

non-EFC participants at their respective addresses by depositing copies of same with proper 

postage prepaid in the U.S. Mail at 33 North Dearborn Street, Chicago, Illinois at or before 

5:00 p.m. on May 1, 2006. 

 

 By: /s/ Michael J. Charysh__

 Attorney for Defendant 

SERVICE LIST: 

Case: 1:02-cv-07266 Document #: 110 Filed: 05/01/06 Page 4 of 4 PageID #:790