Heyl Royster

Perkins and Rooney's Successful Motion Results in Voluntary Dismissal with Prejudice Two Weeks Before Trial

Posted on September 12, 2023 at 9:00 AM by David Perkins, James Rooney

Successful motion practice at the final pre-trial caused the Plaintiffs to voluntarily dismiss their Tazewell County case with prejudice two weeks before trial. Dave Perkins and James Rooney filed a motion in limine to bar any evidence of the defendant's intoxication and the defendant's subsequent guilty plea to the offense of DUI. The court agreed that plaintiffs could not produce any evidence that the defendant caused or contributed to the rollover automobile accident. The absence of any evidence to prove that the defendant was negligent would have impermissibly allowed the jury to speculate that the defendant somehow caused the accident. The court further agreed that evidence of the defendant's intoxication was more prejudicial than probative in this instance.

As a Shareholder and Partner working out of the Peoria office, Dave Perkins concentrates his practice on first-party property cases, insurance fraud, and personal injury defense. With 35+ years of litigation experience, he continues to welcome and enjoy the unique challenges of each new case. 

An Associate out of the Peoria office, Jim Rooney focuses his practice on defending clients in civil litigation across various practice areas. Jim sharpens his legal instincts through his practice in various areas of litigation and transactional law. While there are numerous enjoyable aspects to practicing law, Jim most enjoys being in the courtroom, arguing on behalf of his clients. 

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