Legal Opinion · Dissent

Reiser Ex Rel. Reiser v. Lohner

Utah Supreme Court

Decided January 4, 1982No. 16444Published

1DissentStewart, Justice

I respectfully dissent.

I think the conclusion is inescapable that the plaintiffs have been denied a full and fair day in court. The heart of the issue is whether the trial judge’s exclusion of evidence pursuant to a motion in limine was error. A motion in limine, in plain English, is a pretrial motion to exclude certain evidence. The defense contended that what apparently was strong evidence of negligence in the defendants’ treatment of Mrs. Reiser’s pregnancy prior to the date the amniocentesis was performed, could not have been the proximate cause of the injury and, therefore, should have…

2Cases cited16 opinions

  1. Weirum v. RKO General, Inc.California Supreme Court · 1975
  2. Foil v. BallingerUtah Supreme Court · 1979
  3. Harris v. GrizzleWyoming Supreme Court · 1981
  4. Dupler v. YatesUtah Supreme Court · 1960
  5. Christiansen v. ReesUtah Supreme Court · 1968

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