GD 22-003808
`
`IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA
`
`BARBARA FERRER, ADMINISTRATRIX
`OF THE ESTATE OF EDGAR FERRER,
`DECEASED, AND BARBARA FERRER,
`IN HER OWN RIGHT,
`
`Plaintiffs,
`
`vs.
`
`A.O. SMITH CORPORATION, et al.,
`
`CIVIL DIVISION – ASBESTOS
`
`GD 22-003808
`
`MOTION IN LIMINE TO PRECLUDE
`EVIDENCE OF OTHER ASBESTOS-
`RELATED DISEASE CASES RELATED
`TO PLAINTIFF’S WORKSITES
`
`Defendants.
`
`Filed on behalf of Defendant, Reunion
`Industries, Inc.
`
`Counsel of Record for this party:
`
`Edward A. Smallwood, Esquire
`PA ID No. 80919
`esmallwood@postschell.com
`
`Post & Schell, P.C.
`One Oxford Centre
`301 Grant Street
`Suite 3010
`Pittsburgh, PA 15219
`
`412-506-6380 (Phone)
`412-660-3032 (Cell)
`412-227-9065 (Fax)
`
`JURY TRIAL DEMANDED
`
`
`
`IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA
`
`GD 22-003808
`
`CIVIL DIVISION – ASBESTOS
`
`GD 22-003808
`
`)))))))))
`
`
`)
`
`BARBARA FERRER,
`ADMINISTRATRIX OF THE ESTATE
`OF EDGAR FERRER, DECEASED,
`AND BARBARA FERRER, IN HER
`OWN RIGHT,
`
`Plaintiffs,
`
`vs.
`
`A.O. SMITH CORPORATION, et al.,
`Defendants.
`
`MOTION IN LIMINE TO PRECLUDE EVIDENCE OF OTHER ASBESTOS-RELATED
`DISEASE CASES RELATED TO PLAINTIFF’S WORKSITES
`
`AND NOW comes the Defendant, Reunion Industries (hereinafter “Alliance”), by and
`
`through its counsel, Post & Schell, P.C., and files the within Motion in Limine to Preclude
`
`Evidence of Other Asbestos-Related Disease Cases at Plaintiff’s Worksites, and in support thereof,
`
`states as follows:
`
`1.
`
`Plaintiff filed the above-captioned action in this Court alleging that Plaintiff
`
`developed an asbestos related disease as a result of occupational exposure to asbestos.
`
`2.
`
`Other workers who worked at the same worksites, and members of their families,
`
`may have filed lawsuits in the past claiming damages for asbestos-related diseases.
`
`3.
`
`Based on the expert reports filed by Plaintiffs in this action, Alliance anticipates
`
`that Plaintiffs may seek to offer evidence, through their expert witnesses or otherwise, of other
`
`asbestos-related disease cases arising from work at these sites.
`
`4.
`
`The claims of those plaintiffs or other workers at these sites and their families are
`
`not at issue in this case, and any references to the physical condition, illness, or death of any of
`
`these workers are, therefore, irrelevant. See Pa.R.E. 401, 402.
`
`1
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`
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`GD 22-003808
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`5.
`
`Allowing any references to the physical condition, illness, or death of any such
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`worker would arouse jurors’ sympathy and emotions on a matter unrelated to the issues at trial and
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`would result in unfair prejudice to Alliance. See Pa.R.E. 402, 403, 404(b).
`
`6.
`
`Moreover, if Plaintiffs were allowed to make such references at the trial of this case,
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`Alliance would be entitled to dispute the assertion that any other named worker suffered or suffers
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`from an asbestos-related disease. Furthermore, Alliance would be entitled to present contrary
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`evidence of the hundreds - if not thousands - of other former employees of these worksites who
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`never contracted any kind of asbestos-related disease. This would inject into the trial of this cause
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`collateral matters wholly irrelevant to the issues at bar. See Pa.R.E. 403.
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`7.
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`As such, all evidence of the claims of any other asbestos-related disease plaintiffs
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`arising from work at these sites should be precluded in their entirety.
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`WHEREFORE, Alliance respectfully requests that this Honorable Court bar Plaintiffs and
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`their witnesses from introducing any evidence regarding any other cases of asbestos-related
`
`disease at these sites, or, in the alternative, give a cautionary limiting instruction to the jury that
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`said testimony should not be considered as against Alliance.
`
`Respectfully submitted,
`
`POST & SCHELL, P.C.
`
`By /s/ Edward A. Smallwood
`Edward A. Smallwood, Esquire
`PA ID No. 80919
`esmallwood@postschell.com
`
`One Oxford Centre
`301 Grant Street, Suite 3010
`Pittsburgh, PA 15219
`
`Attorneys for Defendant,
`Reunion Industries, Inc.
`
`2
`
`
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`GD 22-003808
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`CERTIFICATE OF COMPLIANCE
`
`I certify that this filing complies with the provisions of the Case Records Public Access
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`Policy of the Unified Judicial System of Pennsylvania that require filing confidential information
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`and documents differently than non-confidential information and documents.
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`Submitted by: Edward A. Smallwood, Esquire
`
`Signature:
`
`/s/ Edward A. Smallwood, Esquire
`
`
`
`PA I.D. No.: 80919
`
`3
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`
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`GD 22-003808
`
`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that a true and correct copy of the MOTION IN LIMINE
`TO PRECLUDE EVIDENCE OF OTHER ASBESTOS-RELATED DISEASE CASES
`RELATED TO PLAINTIFF’S WORKSITES was served upon Plaintiff’s counsel, via email, this
`March 1, 2023, as follows:
`
`Leif J. Ocheltree, Esquire
`Goldberg Persky & White, PC
`11 Stanwix Street, Suite 1800
`Pittsburgh, PA 15222
`pghgroup@gpwlaw.com
`Counsel for Plaintiff
`
`and
`
`All Defense Counsel of Record (letter only, via email)
`
`Respectfully submitted,
`
`POST & SCHELL, P.C.
`
`By /s/ Edward A. Smallwood
`Edward A. Smallwood, Esquire
`PA ID No. 80919
`esmallwood@postschell.com
`
`One Oxford Centre
`301 Grant Street, Suite 3010
`Pittsburgh, PA 15219
`
`Attorneys for Defendant,
`Reunion Industries, Inc.
`
`
`
`IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA
`
`GD 22-003808
`
`CIVIL DIVISION – ASBESTOS
`
`GD 22-003808
`
`)))))))))
`
`
`)
`
`BARBARA FERRER,
`ADMINISTRATRIX OF THE ESTATE
`OF EDGAR FERRER, DECEASED,
`AND BARBARA FERRER, IN HER
`OWN RIGHT,
`
`Plaintiffs,
`
`vs.
`
`A.O. SMITH CORPORATION, et al.,
`Defendants.
`
`ORDER OF COURT
`
`AND NOW, this _____ day of _________________________ , 2023, upon consideration
`
`of the Motion in Limine to Preclude Testimony of Other Asbestos-Related Disease Cases at
`
`Plaintiff’s Worksites filed on behalf of Defendant, Reunion Industries, it is hereby ORDERED,
`
`ADJUDGED and DECREED that said Motion is GRANTED.
`
`BY THE COURT:
`
`____________________________J.
`
`