Ferrer vs A.O. Smith Corporation, GD-22-003808, None (Pennsylvania State, Court of Common Pleas, Allegheny County, Civil Division Mar. 1, 2023) (2024)

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`IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA
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`GD 22-003808
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`CIVIL DIVISION – ASBESTOS
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`GD 22-003808
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`)))))))))
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`)
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`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
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`AND NOW comes the Defendant, Reunion Industries (hereinafter “Alliance”), by and
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`through its counsel, Post & Schell, P.C., and files the within Motion in Limine to Preclude
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`Evidence of Other Asbestos-Related Disease Cases at Plaintiff’s Worksites, and in support thereof,
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`states as follows:
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`1.
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`Plaintiff filed the above-captioned action in this Court alleging that Plaintiff
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`developed an asbestos related disease as a result of occupational exposure to asbestos.
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`2.
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`Other workers who worked at the same worksites, and members of their families,
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`may have filed lawsuits in the past claiming damages for asbestos-related diseases.
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`3.
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`Based on the expert reports filed by Plaintiffs in this action, Alliance anticipates
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`that Plaintiffs may seek to offer evidence, through their expert witnesses or otherwise, of other
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`asbestos-related disease cases arising from work at these sites.
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`4.
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`The claims of those plaintiffs or other workers at these sites and their families are
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`not at issue in this case, and any references to the physical condition, illness, or death of any of
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`these workers are, therefore, irrelevant. See Pa.R.E. 401, 402.
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`1
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`GD 22-003808
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`5.
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`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).
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`6.
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`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
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`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.
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`Respectfully submitted,
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`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.
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`2
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`GD 22-003808
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`CERTIFICATE OF COMPLIANCE
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`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
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`Signature:
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`/s/ Edward A. Smallwood, Esquire
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`
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`PA I.D. No.: 80919
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`3
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`GD 22-003808
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`CERTIFICATE OF SERVICE
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`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
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`and
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`All Defense Counsel of Record (letter only, via email)
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`Respectfully submitted,
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`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.
`
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`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
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`AND NOW, this _____ day of _________________________ , 2023, upon consideration
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`of the Motion in Limine to Preclude Testimony of Other Asbestos-Related Disease Cases at
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`Plaintiff’s Worksites filed on behalf of Defendant, Reunion Industries, it is hereby ORDERED,
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`ADJUDGED and DECREED that said Motion is GRANTED.
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`BY THE COURT:
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`____________________________J.
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