Free Motion for New Trial - District Court of Delaware - Delaware

Case 1 :04-cv—0091 1—GI\/IS Document 128 Filed 02/16/2006 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
JAN KOPACZ and CATHY KOPACZ, : C.A. No. 04-911 GMS
Plaintiffs, Jury Trial Demanded
DELAWARE RIVER AND BAY
AUTHORITY, and CRAIG SWETT,:
Defendants.
JAN KOPACZ, C.A. No. 04-1281 GMS
Plaintiff,
DELAWARE RIVER AND BAY
AUTHORITY, :
Defendant.
PLAINTIFF’S CONDITIONAL MOTION
FOR A NEW TRIAL
Ii] and only if, this Court grants Post-Trial relief to Delaware River and Bay Authority,
then and only then does plaintiff move the Com to set aside the jury’s verdict in favor of Craig
Swett and Delaware River and Bay Authority on the liability issue and award plaintiff a new
trial because the Court erred in the following respects:
1. By denying the production of various critical documents in DRBA’s file as part of
plaintiffs discovery;
52507 v1

Case 1 :04-cv—0091 1—GI\/IS Document 128 Filed 02/16/2006 Page 2 of 4
2. By dismissing plaintiffs claim for punitive damages;
3. By denying plaintiff the right to read the admissions of Craig Swett and Bomiie
Miller and requiring plaintiff to cross-examine them;
4. By denying plaintiff s Motion to preclude defendant Swett from introducing the
depositions of Carol Swett and Jessica Swett;
5. By excluding the Affidavit of plaintiff;
6. By excluding plaintiffs notes concerning his symptoms following the accident;
7. By deciding that the maritime jurisdiction did not attach to plaintiffs claim against
Swett;
8. By excluding the letters between plaintiff s counsel and Bonnie Miller and Lamorte
Burns & Co., Inc.;
9. By excluding testimony conceming the opinions rendered by John Schaffer and
Karen Hildebrandt to Bonnie Miller concerning plaintiffs entitlement to maintenance;
l0. By excluding evidence concerning the allegation of Insurance Fraud against
plaintiff, the resolution of that charge and plaintiffs legal bills in connection therewith;
1 1. By limiting the cross—examination of Michael Willey intended to show his bias
toward plaintiff and instructing the jury to disregard the evidence of Willey’s bias; and
12. Such other reasons as are disclosed upon a reading of the transcript when prepared.
52507 vl

Case 1 :04-cv-00911-GIVIS Document 128 Filed 02/16/2006 Page 3 of 4
WHEREFORE, plaintiff requests the Court to grant the relief being sought if the Court
is required to decide this Motion.
S Z VANOG *5 P&GREEN,P.A
/
r · · S S. •= REE , ESQ. (DE0481)
[email protected]
222 Delaware Avenue, Suite 1500
P. O. Box 68
Wilmington, DE 19899
(302) 888-0600
Attomeys for Plaintiffs
OF COUNSEL:
E. Alfred Smith, Esquire
E. Alfred Smith & Associates
1333 Race Street, Second Floor
Philadelphia, PA 19107
Date: February 16, 2006
52507 vl

Case 1 :04-cv-00911-GIVIS Document 128 Filed 02/16/2006 Page 4 of 4
CERTIFICATE OF SERVICE
I, JAMES S. GREEN, hereby certify that on this 16th day of February, 2006, I
electronically filed the following document with the Clerk of the Court using CM/ECF
which will send notification of such filing to counsel of record.
PLAINTIFF'S CONDITIONAL MOTION FOR A NEW TRIAL
/s/ es ee
J . EN( No. 0481)
j [email protected]
37091 vl