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COPY FILED. ................-O..'.C..L.O..C. .K M AURORA DE LA GARZA DIST. CLERK JAN 1 8 2001 CAUSE NO. 2000-05-1962-C DISTRICT G^EQ^NTY, TEXAS ROBERT HENRY VILLARREAL, DEPUTY IN THE DISTRICT COURT.QE^ \ Individually and as Personal Representative of the Heirs and Estate of JOHN HENRY VILLARREAL Plaintiffs, vs. GAF CORPORATION HOLDINGS, INC.), ET AL. CAMERON COUNTY, TEXAS Defendants. 197TM JUDICIAL DISTRICT MOTION IN LIMINE OF DEFENDANT UNITED STATES GYPSUM COMPANY TO EXCLUDE ALL POST-SALE EVIDENCE AND ALL EVIDENCE RELATING TO PRODUCTS NOT AT ISSUE Defendant United States Gypsum Company ("U.S. Gypsum") moves as follows to exclude all post-sale evidence and all evidence relating to products not at issue: 1. At the trial of this matter, plaintiff may attempt to introduce evidence concerning U.S. Gypsum's post-sale conduct or knowledge and evidence relating to products not at issue in this litigation. 2. Plaintiff may attempt to offer this evidence to show that the products at issue were defective, or that U.S. Gypsum was negligent. 3. All post-sale evidence and all evidence relating to products not at issue is inadmissible because this evidence is irrelevant. 4. Any probative value of post-sale '>r other-product evidence is substantially outweighed by the prejudicial effect of such evidence, and by the potential for delay and confusion of the issues and the jury. 5. Further support for this motion is contained within the accompanying memorandum of law, which is incorporated by reference herein. WHEREFORE. U.S. Gypsum respectfully requests that the Court enter an order excluding any post-sale or other-product evidence. Respectfully submitted, POWERS & FROST, L.L.P. Cj- (Wr- James H. Powers Texas State Bar No. 16217400 Sharia J. Frost Texas State Bar No. 07491100 Gwendolyn S. Frost Texas State Bar No. 07488750 2600 Two Houston Center 909 Fannin Houston, Texas 77010 Telephone: (713) 767-1555 Facsimile: (713)767-1799 ATTORNEYS FOR DEFENDANT UNITED STATES GYPSUM COMPANY CERTIFICATE OF SERVICE I hereby certify that a true and correct of Defendant United States Gypsum Company's Motion in Limine has been forwarded to Plaintiffs' counsel of record either by first class mail, return receipt requested, delivery' or facsimile on this the (7T?. day of . ]fy>A*'vvi, 2001. F:\CCR\Cameron\VillajTeal. John\L'SG-MlL-Post Sale Evidence.doc