On May 09, 2018 a
Motion-Secondary
was filed
involving a dispute between
Martin-Brown, Lawanna,
and
California Schools Risk Management Jpa,
Donahue, Stephen,
San Bernardino City Unified School District,
for PI Motor Vehicle
in the District Court of San Bernardino County.
Preview
F i L D
Daniel D. Geouna, Esq. (SBN: 255800) 3%??35 gggigégfikgfiifigm
Michael B. Geoola, Esq. (SBN: 235365) SAN BERNARDINO 013mm
Marine Khachoyan, Esq. (SBN: 285495) .
B & D LAW GROUP, APLC. MAY 9 4 2023
10700 Santa Monica Blvd., Suite 200
Los Angeles, California 90025
Telephone: (3 1 0) 424-5252
u é: F“
GREG TRIHAHI
__‘
Dépm
Facsimile: (310) 492-5855
Attorneys for Plaintiff,
LaWanna Martin-Brown
FHed
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SAN BERNARDINO
Fax
SAN BERNARDINO DISTRICT CIVIL DIVISION
10
11
LAWANNA MARTlN-BROWN, CASE N0. CIVD81811454
200
12
SUITE
Plaintiff, PLAINTIFF’S OPPOSITION TO
APLC
90025 13 DEFENDANTS’ MOTION IN LIMINE
vs. N0. 2 TO EXCLUDE EVIDENCE OF OR
BOULEVARD,
14 REFERENCE TO PLAINTIFF’S LOSS
GROUP,
CALIFORNIA
424-5252
15
STEPHEN DONAHUE, et. a1. OF EARNINGS CLAIM
LAW MONICA
10)
16 Defendants.
ANGELES,
(3 [Declaration Of Marine Khachoyan, Esq.
D 17 Filed Concurrently Herein]
81,
SANTA
B Los
18
10700
19 T0 THE COURT AND TO ALL PARTIES AND THEIR ATTORNEYS 0F RECORD:
20 Plaintiff LAWANNA MARTIN-BROWN hereby opposes Defendants’ Motion in
21 Limine Number 2 to exclude evidence of or reference to Plaintiff’s loss of earnings claim as
22 follows:
23 ///
24 ///
25 ///
26 ///
27 ///
28 ///
PLAINTIFF’S OPPOSITION MOTION IN LIMINE NO. 2 w PAGE 1
MEMORANDUM OF POINTS & AUTHORITIES
I. INTRODUCTION
The matter at hand involves a rear-end motor vehicle collision that occurred 0n October
19, 2017 on the 1-215 freeway near Iowa Ave. in Colton, California. Defendant Stephen
Donahue (“Defendant Donahue”), employed by Defendant San Bemardino City Unified School
District (“Defenant SBCUSD”), was driving a vehicle owned by Defendant SBCUSD in the
course and scope 0f his employment when he rear-ended Plaintiff Lawanna Martin-Brown’s
(“Plaintiff”) vehicle. Plaintiff only had a few seconds to brace for the impact and had no time 0r
avenue t0 avoid the collision. The impact of the collision caused Plaintiff t0 be thrown about in
10 the vehicle and resulted in debilitating and permanent injuries.
11 The incident was caused as a result of Defendants’ negligence and Plaintiff sustained
200
12 serious injuries as a result. Defendants dispute the extent 0f injuries and damages sustained by
SUITE
APLC.
90025 l3 Plaintiff. Defendants have retained medical doctors to dispute the nature and extent of
BOULEVARD,
14 Plaintiff’s injuries and damages.
GROUP,
CALIFORNIA
424-5252
15 Due to the incident Plaintiff underwent three knee surgeries and was unable to work
LAW MONICA
(310)
16 between the surgeries for months each time. In addition, Plaintiff had to make a career change
ANGELES,
D 17 giving up her beloved marketing and sales career due t0 her inability t0 stand for prolonged
& SANTA
B Los
18 periods.
10700
l9 Defendant in its motion in limine is trying t0 exclude Plaintiff from seeking damages for
20 lost earning capacity that she is entitled to. Defendant’s sole basis for bringing this motion is
21 that the Plaintiff has not produced documents t0 support any past earning history or lost job
22 opportunities. Moreover, Defendants failed t0 distinguish between Loss of Earnings and Lost
23 Earning Capacity, which are two separate damages that Plaintiff seeks recovery for. As
24 explained in greater detail below, Plaintiff can establish the Lost Earning Capacity claim from
25 the injuries she suffered, and the Loss 0f Earnings Claim from her testimony.
26 ///
27 ///
28 ///
PLAINTIFF’S OPPOSITION MOTION IN LIMINE NO. 2 — PAGE 2
Document Filed Date
May 04, 2023
Case Filing Date
May 09, 2018
Category
PI Motor Vehicle
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F i L D Daniel D. Geouna, Esq. (SBN: 255800) 3%??35 gggigégfikgfiifigm Michael B. Geoola, Esq. (SBN: 235365) SAN BERNARDINO 013mm Marine Khachoyan, Esq. (SBN: 285495) . B & D LAW GROUP, APLC. MAY 9 4 2023 10700 Santa Monica Blvd., Suite 200 Los Angeles, California 90025 Telephone: (3 1 0) 424-5252 u é: F“ GREG TRIHAHI __‘ Dépm Facsimile: (310) 492-5855 Attorneys for Plaintiff, LaWanna Martin-Brown FHed SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN BERNARDINO Fax SAN BERNARDINO DISTRICT CIVIL DIVISION 10 11 LAWANNA MARTlN-BROWN, CASE N0. CIVD81811454 200 12 SUITE Plaintiff, PLAINTIFF’S OPPOSITION TO APLC 90025 13 DEFENDANTS’ MOTION IN LIMINE vs. N0. 2 TO EXCLUDE EVIDENCE OF OR BOULEVARD, 14 REFERENCE TO PLAINTIFF’S LOSS GROUP, CALIFORNIA 424-5252 15 STEPHEN DONAHUE, et. a1. OF EARNINGS CLAIM LAW MONICA 10) 16 Defendants. ANGELES, (3 [Declaration Of Marine Khachoyan, Esq. D 17 Filed Concurrently Herein] 81, SANTA B Los 18 10700 19 T0 THE COURT AND TO ALL PARTIES AND THEIR ATTORNEYS 0F RECORD: 20 Plaintiff LAWANNA MARTIN-BROWN hereby opposes Defendants’ Motion in 21 Limine Number 2 to exclude evidence of or reference to Plaintiff’s loss of earnings claim as 22 follows: 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// PLAINTIFF’S OPPOSITION MOTION IN LIMINE NO. 2 w PAGE 1 MEMORANDUM OF POINTS & AUTHORITIES I. INTRODUCTION The matter at hand involves a rear-end motor vehicle collision that occurred 0n October 19, 2017 on the 1-215 freeway near Iowa Ave. in Colton, California. Defendant Stephen Donahue (“Defendant Donahue”), employed by Defendant San Bemardino City Unified School District (“Defenant SBCUSD”), was driving a vehicle owned by Defendant SBCUSD in the course and scope 0f his employment when he rear-ended Plaintiff Lawanna Martin-Brown’s (“Plaintiff”) vehicle. Plaintiff only had a few seconds to brace for the impact and had no time 0r avenue t0 avoid the collision. The impact of the collision caused Plaintiff t0 be thrown about in 10 the vehicle and resulted in debilitating and permanent injuries. 11 The incident was caused as a result of Defendants’ negligence and Plaintiff sustained 200 12 serious injuries as a result. Defendants dispute the extent 0f injuries and damages sustained by SUITE APLC. 90025 l3 Plaintiff. Defendants have retained medical doctors to dispute the nature and extent of BOULEVARD, 14 Plaintiff’s injuries and damages. GROUP, CALIFORNIA 424-5252 15 Due to the incident Plaintiff underwent three knee surgeries and was unable to work LAW MONICA (310) 16 between the surgeries for months each time. In addition, Plaintiff had to make a career change ANGELES, D 17 giving up her beloved marketing and sales career due t0 her inability t0 stand for prolonged & SANTA B Los 18 periods. 10700 l9 Defendant in its motion in limine is trying t0 exclude Plaintiff from seeking damages for 20 lost earning capacity that she is entitled to. Defendant’s sole basis for bringing this motion is 21 that the Plaintiff has not produced documents t0 support any past earning history or lost job 22 opportunities. Moreover, Defendants failed t0 distinguish between Loss of Earnings and Lost 23 Earning Capacity, which are two separate damages that Plaintiff seeks recovery for. As 24 explained in greater detail below, Plaintiff can establish the Lost Earning Capacity claim from 25 the injuries she suffered, and the Loss 0f Earnings Claim from her testimony. 26 /// 27 /// 28 /// PLAINTIFF’S OPPOSITION MOTION IN LIMINE NO. 2 — PAGE 2