Behr

Madison County Circuit Judge Dennis Ruth has set a Sept. 4 trial date in a case against Gateway Regional Medical Center, which is being sued over alleged injuries suffered by a delivery driver.

Plaintiff Douglas Luksza Jr. filed in 2010 claiming he was attempting to deliver a package for Delivery Logistics Jan. 14, 2010, when he sustained injuries to his neck, head and back after a level collapsed while he was standing on it.

In addition to his injuries, Luksza claims he suffered pain and mental anguish, lost income and has been unable to return to his normal life duties.

His wife, Brenda Luksza, claims she lost her husband's love, society, companionship, affection, consortium, support and services.

On Aug. 9, Gateway Regional, which has denied the allegations, filed 10 motions in limine, asking that certain evidence be inadmissible or offered at trial.

The motions include:

-A request for Ruth to bar the plaintiff from testifying to hearsay conversations with medical providers or others.

-A request for an order preventing the plaintiffs from referring to any insurance the plaintiff paid for, possible bankruptcy filings or creditors.

-A request for an order barring the plaintiff's counsel from eliciting testimony or presenting evidence suggesting the defendant destroyed or did not produce available evidence.

-A request for an order barring the plaintiff from introducing any surprise witnesses who had not been identified as witnesses prior to the pre-trial conference.

-A request for an order barring the plaintiff's counsel from arguing or suggesting a per diem amount for non-economic damages.

-A request for an order barring the plaintiff's counsel from eliciting testimony from any witness or presenting evidence or any offer of compromise from the defendant.

-A request for an order barring the plaintiff's lawyer from presenting evidence of any medical bills without proper foundation.

-A reqeust to bar the plaintiff's wife from testifying to hearsay conversation with medical providers or others.

-A request to bar the plaintiff's counsel from presenting testimony or evidence regarding any other lawsuits or claims asserted against the defendant or incidents of personal injury.

Keith Short and Noel L. Smith Jr. of Hazlett and Short in Shiloh represent Luksza Jr.

Richard Behr of Behr, McCarter & Potter represents the defendant.

Madison County Circuit Court case number: 10-L-598.

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