# Aaron Browning v. David Hickman

> West Virginia Supreme Court · June 10, 2015 · 235 W. Va. 640

URL: https://www.frixlaw.com/law-library/cases/9808088

## Case

- **Full name:** Aaron BROWNING, Plaintiff Below, Petitioner v. David HICKMAN, Defendant Below, Respondent
- **Court:** West Virginia Supreme Court
- **Decided:** June 10, 2015
- **Citations:** 235 W. Va. 640; 776 S.E.2d 142; 2015 W. Va. LEXIS 730
- **Precedential status:** Published
- **Opinion:** Concurrence by Ketchum
- **Judges:** Loughry, Ketchum, Davis, Benjamin
- **Nature of suit:** Tort, Contract, and Real Property
- **Cited by:** 3 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9808088

## How later opinions describe it (automated extraction)

- observing that “[t]he three factors . . . are joined with the conjunctive ‘and,’ meaning they all must be present . . . .” (quotations and citation omitted)

## Opinion text

Justice KETCHUM,
concurring:
I totally agree with the excellent majority opinion. I write to emphasize that our recently amended Rules of Evidence not only discourage the use of motions in limine, but recognize that many of the motions that are filed are frivolous and a waste of judicial resources. The comment to Rule 103 of the new Rules of Evidence [2014] states:
Motions in limine on legal issues presented in a vacuum are often frivolous. Boilerplate, generalized objections in motions in limine are inadequate and tantamount to not making any objection at all and will not preserve errqr. For example, a motion that simply asks the trial court to prohibit the adverse party from presenting, hearsay evidence or mentioning insurance at trial is a waste of judicial resources. Generally, a motion in limine should not be filed (or granted) until the trial court has been given adequate context, and the evidence is sufficient to permit the trial court to make an informed ruling.
DAVIS, Justice, joined by BENJAMIN, Justice, dissenting:

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9808088. Public record. Not legal advice.