Wolf v. A+ Loving Care, Inc., 2006 Va. Cir. LEXIS 272 (Va. Cir. Ct. 2006)

In this wrongful death case, the parties filed motions in limine and the following were before the court: “(1) Defendant A+’s Motion to Exclude Evidence Unrelated to the Proximate Cause of Edna Heiden’s Death; (2) Defendant A+’s Motion to Limit the Number of Plaintiff’s Expert Witnesses; and (3) Plaintiff’s Motion to Exclude from Evidence (i) two Do Not Resuscitate Orders, (ii) a Surrogate Directive Statement, (iii) Edna Heiden’s Living Will, and (iv) Edna Heiden’s Death Certificate.” The court denied Defendants’ motion to exclude evidence of pressure ulcers, dehydration and use of a Foley catheter even though it was uncontroverted that patient died of malnutrition because the evidence might be relevant for other purposes. The court denied Defendants’ motion to limit the number of Plaintiffs’ experts, but required Plaintiff to identify the experts it intends to call by 5pm on January 17, 2007. The court denied Plaintiffs’ motion to exclude DNRs, surrogate directives and a living will where Defendant argued it might be relevant to show that death was anticipated rather than caused by Defendants’ negligence and directed Plaintiffs to make their objections at trial. The court denied Plaintiffs’ motion to exclude the death certificate because it was prepared by her attending physician with personal knowledge of her condition, making it probative evidence as to cause of death. Decided: December 28, 2006.

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