Monaco, on direct examination of both the plaintiff and her husband, elicited from both that they did not think the defendant’s technician did anything wrong. Motion to preclude the language “upsell” and corporate greed.Motion to preclude allegations of consent, as it was not alleged in the plaintiff’s Complaint or Bill of Particulars.Motion to preclude any testimony regarding the allegations in the Amended Bill of Particulars.Motion in Limine to ensure all parties use proper pronouns.Motion in Limine to preclude plaintiff from alleging the new claims alleged in an Amended Bill of Particulars regarding safety issues, served only 30 days before trial.Motion in Limine to preclude plaintiff from offering or eliciting any testimony regarding industry standards, safety standards, corporate greed or policy arguments (preclude the use of the reptile theory).Motion to preclude the plaintiff’s expert, based on the grounds that the expert was unnecessary and irrelevant, the proposed testimony intruded on the province of the jury, the issue for the jury to decide did not involve any policy, industry, or community safety concerns, the expert’s expertise was in IT, not satellite service, and the plaintiff’s expert disclosure, along with the new claims from the Bill of Particulars, were prejudicially served on defendants with improper notice prior to trial.When she walked into the bedroom, she tripped over the technician’s canvas bag, fell to the floor, and injured herself.īefore and during trial, MCLC attorney Mackenzie Kesterke was successful in submitting and arguing the following motions to the court, all of which were granted: The laundry almost entirely obscured her ability to see in front of her. The technician exited the house to inspect the actual satellite and the plaintiff thereafter entered the bedroom carrying a two-foot stack of laundry in her hands.
The plaintiff knew the technician was in the house but was doing laundry in another room. The technician entered the bedroom with a toolbelt and a large canvas bag that they sat on the floor and pushed flush against a dresser. On the day of the incident, the plaintiff’s husband let the defendant’s satellite technician into their house and into the bedroom where the satellite receiver was located. The case involves plaintiff, an 83-year-old married woman, who requested a service call from the defendant to repair a satellite receiver in her home.
#Reptile theory motion in limine trial#
In a four-day trial in Onondaga County, Monaco Cooper Lamme & Carr, PLLC partner, Mackenzie Monaco, was successful in defending her client, a Fortune 250 satellite and streaming company, who was sued for negligence related to a trip and fall incident which occurred at a customer’s home.
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