Document vBVVdapKwbvQYZB5MaaaEzr4Y

SOPV CAUSE NO. 2000-05-1962-C FILED-4'...i?^ I--O'CLOCkC!___~ AURORA DE LA GARZA DIS1CLERK JAN 1 8 2001 ROBERT HENRY VILLARREAL, Individually and as Personal Representative of the Heirs and Estate of JOHN HENRY VILLARREAL Plaintiffs, vs. GAF CORPORATION HOLDINGS, INC.), ET AL. Defendants. IN THE CAMERON COUNTY. TEXAS 197TM JUDICIAL DISTRICT MOTION IN LIMINE OF DEFENDANT UNITED STATES GYPSUM COMPANY TO EXCLUDE EVIDENCE AND ARGUMENT RELATING TO MIRIELLO ISSUE Defendant United States Gypsum Company ("U.S. Gypsum") hereby moves as follows to exclude all evidence and argument relating to Ben Miriello, a letter written by him, and the matters discussed in that letter: 1. At the trial of this matter, plaintiff may seek to introduce a copy of a letter written by a Ben Miriello to U.S. Gypsum, dated June 8, 1950. 2. In that letter, Mr. Miriello asserts that his father worked in a U.S. Gypsum facility, was occupationally exposed to raw asbestos fibers, and died as a result of his exposure. 3. Plaintiff presumably offers this letter to demonstrate U.S. Gypsum's knowledge in 1950 of the alleged danger of exposure to asbestos. 4. This evidence is inadmissable for at least four reasons. (a) Mr. Miriello is not competent to testify to the matters in this letter. (b) The letter contains multiple layers of hearsay. . (c) The letter is irrelevant. (d) Even if deemed minimally relevant, the letter's probative value is far outweighed by its prejudicial effect. 5. Plaintiff also has listed as exhibits additional documents relating to the subject matter of the Miriello letter, and may also seek to read deposition testimony of Mr. Miriello. 6. 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 Mr. Miriello, his letter, or the matters contained in that letter. Respectfully submitted, POWERS & FROST, L.L.P. Cj-~ $***> /Dr-- 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 F \CCR\CameronWillarreal. iohmt'SC-MIL-Minello doc 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 iZ41 day of ________ . 2001. fO (W, /IK FACCRVCameronWiliancol. Jnhn\USG-MlL-Mindio.doc 3- -