Document evadJvy0rrJE7Rr6XNK7GMkk9

ci.pnM.oO ~ .O'CLOCK --SJm' AURORA DE LA GARZA DIST, CLERK CAUSE NO. 2000-05-1962-C JAN 1 8 2001 ROBERT HENRY VILLARREAL, DISTRICT COURT OF CAMERON COUNTY, TEXAS in the DiiiTitter^-Sufir^ ~~~^TY Individually and as Personal Representative of the Heirs and Estate of JOHN HENRY VILLARREAL Plaintiffs, vs. CAMERON COUNTY. TEXAS GAF CORPORATION HOLDINGS, INC.), ET AL. Defendants. 197TM JUDICIAL DISTRICT MOTION IN LIMINE OF DEFENDANT UNITED STATES GYPSUM COMPANY TO EXCLUDE EVIDENCE REGARDING JERSEY CITY PLANT AND BOOKKEEPER Defendant United States Gypsum Company ("U.S. Gypsum") hereby moves as follows to exclude all evidence and argument relating to a U.S. Gypsum facility in Jersey City. New Jersey and purported claims regarding a bookkeeper employed by a prior owner of the facility: 1. At the trial of this matter, plaintiff may seek to introduce documents and testimony relating to conditions existing in 1936 at a Jersey City, New Jersey manufacturing facility purchased by U.S. Gypsum from another company earlier that year. 2. Plaintiff may also seek to introduce documents relating to claims that a bookkeeper employed by the former owner of the facility developed asbestosis. 3. An extensive report on conditions at the Jersey City facility prepared by a noted expen retained by U.S. Gypsum demonstrates that conditions at the facility bear no resemblance to those in which plaintiff allegedly was exposed to U.S. Gypsum products. 4. No U.S. Gypsum products of the type1 to which plaintiff allegedly was exposed were manufactured at the Jersey City plant. 5. The evidence regarding the Jersey City plant and the bookkeeper threatens confusion, delay and unfair prejudice to U.S. Gypsum. 6. The allegations regarding the purported medical condition of the bookkeeper, and its cause, constitute inadmissible hearsay. 7. Additional support for this motion is contained in 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 evidence or argument relating to the Jersey City plant, conditions there, or the bookkeeper, his claims or condition. Respectfully submitted, POWERS & FROST, L.L.P. Jamts H. Powers TBN: 16217400 Sharia J. Frost TBN: 07491100 Gwendolyn S. Frost TBN: 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 This is to certify that a true and correct copy of the foregoing document has been sent to counsel for Plaintiffs, by certified mail, retum-receipt-requested, on this the lv day of __________, 2001 1 F-\CCR\CameronvViJlarreal. John\USG-MIL-Jersey Bookkeeper.doc