Posted On: November 7, 2010 by

Deceased Veteran's Family Seeks Relief After Medical Negligence, Part 1 of 3

It is worth noting that situations similar to those described in this case could just as easily occur at any of the healthcare facilities in the area, such as Kaiser Permanente, UC Davis Medical Center, Mercy, or Sutter.

(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this and its proceedings.)

OPPOSITION TO PLAINTIFF'S MOTION IN LIMINE NO. 4 REGARDING LINE OF DUTY REFERENCES

Introduction

Plaintiff seeks to exclude at trial all reference to a Line of Duty Determination as well as any documentation pertaining to a Line of Duty Report. Plaintiff claims that any reference to this term would constitute a "trial within a trial" as to the stresses of combat and whether their residual effects existed in Sacramento. (Plaintiffs Motion in Limine No. 4)

It is anticipated that Plaintiff will put on evidence regarding Mr. Hill's military service to this county in an effort to evoke sympathy and compassion from the jury. It is also anticipated that Plaintiff will attempt to portray the decedent as a hero who "fell in the line of duty." The fact that a Line of Duty Investigation regarding the circumstances of Mr. Hill's death was initiated and conducted by the military is, by itself, quite salient and should properly be allowed as admissible evidence. For more information you are welcome to contact , Moseley Collins.

To the extent the line of Duty Report spells out collateral source benefits admissible under Civil Code Section 333.1, Defendants incorporate by reference all arguments contained in their Oppositions to Plaintiff's Motions in Limine 2 and 21.

Facts

David Hill had served in the U.S. military armed services (Army) from 1989 to 1991 and again from 1999 through 2008.

Mr. Hill's death did not take place on the battlefield or while he was actively deployed during combat in the military. Instead, after attempting to commit suicide by means of a drug overdose nearly a month earlier, Mr. Hill was killed by a large semi-truck while running across a multi-lane highway following his unexpected elopement from the hospital. These highly unusual circumstances and events precipitated the subsequent line of duty investigation.

A particularly critical portion of the Line of Duty Investigation are statements by Mrs. Hill regarding her husband's mental state immediately prior to the incident and the months preceding the incident. (See Part 2 of 3.)

For more information you are welcome to contact , Moseley Collins.