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FILED
4/6/2020 2:13PM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO.,TEXAS
Cassandra Walker DEPUTY
CAUSE NO. DC— 19— 1 3370
NADER ANSARI § IN THE DISTRICT COURT
§
Plaintifi‘, §
§
V. § 162ND JUDICIAL DISTRICT
§
ADAM NEUMARK §
§
Defendant. § DALLAS COUNTY, TEXAS
DEFENDANT’S MOTION TO STRIKE PLAINTIFF’S AFFIDAVIT OF COST
AND NECESSITY OF SERVICES OF PRIME DIAGNOSTIC IMAGING
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW, DEFENDANT, Adam Neumark M. Fuller (hereinafter “Defendant”), in
the above-entitled and numbered cause, and files this his Motion T0 Strike Plaintiff’s Affidavit 0f
Cost And Necessity 0f Services 0f Prime Diagnostic Imaging, and asks the Court t0 strike the
Plaintiff’s Affidavit of Cost And Necessity 0f Services of Prime Diagnostic Imaging.
I. INTRODUCTION & BACKGROUND
1. Plaintiff sued Defendant for negligence with regard t0 a m0t0r—vehicle accident which
occurred 0n 0r about December 28, 2018.
2. On March 4, 2020, Plaintiff filed medical and billing affidavits With regard t0 his alleged
injuries and medical treatment for the subject accident.
3. Included in Plaintiff’s Affidavit filing was an Affidavit 0f Cost And Necessity 0f Services
0f Prime Diagnostic Imaging Which alleges the total amount billed for the services provided t0
Plaintiff is $7,760.00 and the amount currently unpaid is $752.00. (Please see Exhibit “A”).
However, the Plaintiff’s itemized statement of services produced by Plaintiff in discovery from
DEFENDANT’S MOTION TO STRIKE PLAINTIFF’S AFFIDAVIT OF COSTS AND
NECESSITY OF SERVICES OF PRIME DIAGNOSTIC IMAGING PAGE 1
(277.0027P.MTSPRIME DIAGNOSTIC)
Prime Diagnostic Imaging only indicates charges totaling the amount of $752.00. (Please see
Exhibit “B”).
II. ARGUMENT AND AUTHORITIES
4. Pursuant t0 §41.0105 of Texas Civil Practices and Remedies Code, Plaintiff’s recovery of
medical 0r health care expenses is limited t0 the amount actually paid 0r incurred by the Plaintiff.
Tex. Civ. P. Rem. Code §41.0105.
5. Plaintiff’s Affidavit 0f Cost And Necessity 0f Services 0f Prime Diagnostic Imaging states
that the total amount billed for the services provided to Plaintiff is $7,760.00 and the amount
currently due is $752.00. (Exhibit “A ”) However, Plaintiff’s itemized statement of services
produced in discovery from Prime Diagnostic Imaging only indicates charges totaling the amount
of $752.00. (Exhibit “B”). Therefore, the amount 0f Plaintiff’s medical services from Prime
Diagnostic Imaging actually paid or incurred by the Plaintiff total $752.00 not $7,760.00 as averred
in the subj ect Affidavit.
III.CONCLUSION
6. As stated Plaintiff’s recovery 0f medical 0r health care expenses is limited t0 the amount
actually paid or incurred by the Plaintiff. Therefore, the Court should strike Plaintiff’s Affidavit
of Cost And Necessity of Services of Prime Diagnostic Imaging as the itemized statement 0f
services produced by Plaintiff in discovery only indicates the amount actually incurred by the
Plaintiff to be $752.00, and not $7,760.00, as averted in the subject Affidavit.
IV. PRAYER
WHEREFORE, PREMISES CONSIDERED, Defendant Adam Neumark respectfully
requests that the Court strike Plaintiff’ s Affidavit of Cost of Services And Necessity of Services
DEFENDANT’S MOTION TO STRIKE PLAINTIFF’S AFFIDAVIT OF COSTS AND
NECESSITY OF SERVICES OF PRIME DIAGNOSTIC IMAGING PAGE 2
(277.0027P.MTSPRIME DIAGNOSTIC)
of Prime Diagnostic Imaging and that Defendant recover all other and further relief, at law or in
equity, to which he may be justly entitled.
Respectfully submitted,
VAUGHAN & RAMSEY
M. flsfl/Zfl
M. Nathan Barbera
State Bar. No. 24006794
nbarbera@vrlaw.net
Corrine Queenan Alley
State Bar No. 24097120
cqueenan@vrlaw.net
2000 E. Lamar Blvd.
Suite 430
Arlington, TX 76006
(972) 262—0800
(972) 642-0073 -facsimile
ATTORNEYS FOR DEFENDANT
CERTIFICATE OF CONFERENCE
I certify that a reasonable effort was made t0 resolve the dispute without the necessity of
court intervention, and that effort failed.
M. /7%/L.——
M. Nathan Barbera
DEFENDANT’S MOTION TO STRIKE PLAINTIFF’S AFFIDAVIT OF COSTS AND
NECESSITY OF SERVICES OF PRIME DIAGNOSTIC IMAGING PAGE 3
(277.0027P.MTSPRIME DIAGNOSTIC)
CERTIFICATE OF SERVICE
I certify that a true and correct copy of this pleading has been served Via e—service upon
counsel listed below 0n April 6, 2020:
Joel M. Vecchio
Abraham C. Bloomenstiel
Law Office 0f Joel M. Vecchio, P.C.
P.O. Box 860826
Plano, Texas 75086-0826
M. /72¢/.é,_—
M. Nathan Barbera
DEFENDANT’S MOTION TO STRIKE PLAINTIFF’S AFFIDAVIT OF COSTS AND
NECESSITY OF SERVICES OF PRIME DIAGNOSTIC IMAGING PAGE 4
(277.0027P.MTSPRIME DIAGNOSTIC)
EXHIBIT “A”
5
CAUSE NO. DC-l9-l3370
NADER ANSARI § 1N THE DISTRICT COURT
Plaintiff, g
v. g 162”” JUDICIAL DISTRICT
ADAM NEUMARK g
Defendant. g DALLAS COUNTY, TEXAS
AFFIDAVIT 0F COST AND NECESSITY OF SERVICES
E E, the undersigned authority, personally appeared
u , w o being by me duly sworn, deposed as follows:
fofi.
“
VIy name is _\ ,I am of sound mind, capable of making this
affidavit, and personall—y acquainted with the facts herein stated.
I am the custodian of the records Attached to this
afl'ldavit are records that provide.an itemized statement f the servic s d the charge for the
services ml, provided to Nader Ansari (patient) on
0‘ “HM ”1‘0
J
M . The attache records are a part of this Affidavit. The total
amount billed for the provide services is $ kfl‘mg LS 2i 2 . The total amount paid for the
provided services is $ mum IE Q , and the current amount due is
*KDOD
$
and it
The
was
attached
the
records
regular
are
course
kept by
of business of
dm 1
‘
m ular course
[fir an
of business,
employee or
representative ofmmmmfflmm
diagnosis, recorded to make the recor o
knowYedge of e act, event, condition, opinion, or
to transmit information thereof to be included in such
record; and the record was made at or near the time or reasonably soon thereafter. The records
attached hereto are the original or exact duplicates of the original.
The medical provider has represented that the services provided were necessary and the
amount charged for the services was reasonable at the time and. place the service was provided.”
lant
SWORN To AND SUBSCRIBED before me on the
/@/2024—
A day of
Wow.
My Commission Expires
Ngg Printed
N%c a
i
.r—‘JZ
1&2,
a. 03,; REBECCA K. DYER
.3: MyNotaryID#130499833
'
Expires January18.2024
EXHIBIT “B”
7
OF 7
‘
Ol/14/2019
01/14/2019 9:10:13 AM P~E
PRAE DIAGNOSTIC IMAGING APAGE
~PAGE 22 0F 7
Patient Receipt
Receipt
m-M
Remit
Remit payment
payment to: to: ‘
Patient
Prime
Prime Imaging
Imaging Partners
Partners Monday,
Monday, January
January 14,
14, 2019
P.O
P.o Box
BOX 821868
Dallas,
Dallas, TX
Tx
821 863
75382-1868
75332-1 sea
r":·lnl•i::::~.;,;.4:;J1a:::,
Amount Due Amount Paid
(214)
(214) 442-8903
442-8903
Joel
Joel Vecchio
Vecchio Atty
Atty
Po
Po Box
Box 860826
860826
Plano,
Plano, TX 75086
75086 Employer
Employer ID
ID 912166400
912166400
Provider
Provider ID
ID
Date Description
Description Check#
Check?!Fee
Fee Units
Units Insurance
Insurance Patient
Patient
Nader AnsariesFahani(369834)/Prime
AnsariesFahani(368834)IPrime Diagnostic
Diagnostic lmaging/530568
lmagingl530568
Referring
Referring Physician:
Physician: Shereffa
Clarke DC
Shereffa Clarke
Low back
back pain
pain (M54.5)
(M545)
Chest
Chest pain,
pain. unspecified
unspecified (R07.9)
(R079)
Pain
Pain in
In right
right shoulder
shoulder (M25.511)
(M2551 1)
Pain
Paln in
in right
fight wrist
wrist (M25.531)
(M25531)
Pain
Pain in
in right
right foot
foot (M79.671)
(M79571)
01/11/2019
01/1 10019 X-RAY
X—RAY LUMBAR SPINE '1/3
26 VIEWS (72100
(72100 59)
59) $169.00
$169.00 1.0
1.0 $0.00
$0.00 $169.00
$169.00
01/11/2019
01/1 10019 XRAY- RIBS-2V
RIBS - 2V (71100
(71100 RT)
RT) $162.00
$162.00 1.0
1.0 $0.00
$0.00 $162.00
$162.00
01/11/2019
01/1 12019 X-RAY SHOULDER, TWO VIEWS (73030
(73030 RT)
RT) $148.00
$148.00 1.0
1.0 $0.00
$0.00 $148.00
$148.00
01/11/2019
0111 12019 X-RAY WRIST, THREEVIEWS(73110
THREE VIEWS (731 10 RT)
RT) $139.00
$139.00 1.0
1.0 $0.00
$0.00 $139.00
$139.00
01/1112019
01/1 1/2019 X-RAY FOOT COMPLETE (73630
(73630 RT)
RT) $134.00
$134.00 1.0
1.0 $0.00
$0.00 $134.00
$134.00
Balance:
Balance: $0.00
$0.00 $752.00
$752.00
Total Balance Ins.Balance Pat.Balance
$752.00 $0.00 $752.00
Prime
Prime Imaging
Imaging Partners,
Partners, LLC ** 12840
12840 Hillcrest
Hillcrest Plaza,
Plaza, STE E00 ** Dallas,
Dalla‘s, TX 528 ** (21
75230-1528
75230-1 (214)
4) 442-8903
!
8
Preview
FILED 4/6/2020 2:13PM FELICIA PITRE DISTRICT CLERK DALLAS CO.,TEXAS Cassandra Walker DEPUTY CAUSE NO. DC— 19— 1 3370 NADER ANSARI § IN THE DISTRICT COURT § Plaintifi‘, § § V. § 162ND JUDICIAL DISTRICT § ADAM NEUMARK § § Defendant. § DALLAS COUNTY, TEXAS DEFENDANT’S MOTION TO STRIKE PLAINTIFF’S AFFIDAVIT OF COST AND NECESSITY OF SERVICES OF PRIME DIAGNOSTIC IMAGING TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW, DEFENDANT, Adam Neumark M. Fuller (hereinafter “Defendant”), in the above-entitled and numbered cause, and files this his Motion T0 Strike Plaintiff’s Affidavit 0f Cost And Necessity 0f Services 0f Prime Diagnostic Imaging, and asks the Court t0 strike the Plaintiff’s Affidavit of Cost And Necessity 0f Services of Prime Diagnostic Imaging. I. INTRODUCTION & BACKGROUND 1. Plaintiff sued Defendant for negligence with regard t0 a m0t0r—vehicle accident which occurred 0n 0r about December 28, 2018. 2. On March 4, 2020, Plaintiff filed medical and billing affidavits With regard t0 his alleged injuries and medical treatment for the subject accident. 3. Included in Plaintiff’s Affidavit filing was an Affidavit 0f Cost And Necessity 0f Services 0f Prime Diagnostic Imaging Which alleges the total amount billed for the services provided t0 Plaintiff is $7,760.00 and the amount currently unpaid is $752.00. (Please see Exhibit “A”). However, the Plaintiff’s itemized statement of services produced by Plaintiff in discovery from DEFENDANT’S MOTION TO STRIKE PLAINTIFF’S AFFIDAVIT OF COSTS AND NECESSITY OF SERVICES OF PRIME DIAGNOSTIC IMAGING PAGE 1 (277.0027P.MTSPRIME DIAGNOSTIC) Prime Diagnostic Imaging only indicates charges totaling the amount of $752.00. (Please see Exhibit “B”). II. ARGUMENT AND AUTHORITIES 4. Pursuant t0 §41.0105 of Texas Civil Practices and Remedies Code, Plaintiff’s recovery of medical 0r health care expenses is limited t0 the amount actually paid 0r incurred by the Plaintiff. Tex. Civ. P. Rem. Code §41.0105. 5. Plaintiff’s Affidavit 0f Cost And Necessity 0f Services 0f Prime Diagnostic Imaging states that the total amount billed for the services provided to Plaintiff is $7,760.00 and the amount currently due is $752.00. (Exhibit “A ”) However, Plaintiff’s itemized statement of services produced in discovery from Prime Diagnostic Imaging only indicates charges totaling the amount of $752.00. (Exhibit “B”). Therefore, the amount 0f Plaintiff’s medical services from Prime Diagnostic Imaging actually paid or incurred by the Plaintiff total $752.00 not $7,760.00 as averred in the subj ect Affidavit. III.CONCLUSION 6. As stated Plaintiff’s recovery 0f medical 0r health care expenses is limited t0 the amount actually paid or incurred by the Plaintiff. Therefore, the Court should strike Plaintiff’s Affidavit of Cost And Necessity of Services of Prime Diagnostic Imaging as the itemized statement 0f services produced by Plaintiff in discovery only indicates the amount actually incurred by the Plaintiff to be $752.00, and not $7,760.00, as averted in the subject Affidavit. IV. PRAYER WHEREFORE, PREMISES CONSIDERED, Defendant Adam Neumark respectfully requests that the Court strike Plaintiff’ s Affidavit of Cost of Services And Necessity of Services DEFENDANT’S MOTION TO STRIKE PLAINTIFF’S AFFIDAVIT OF COSTS AND NECESSITY OF SERVICES OF PRIME DIAGNOSTIC IMAGING PAGE 2 (277.0027P.MTSPRIME DIAGNOSTIC) of Prime Diagnostic Imaging and that Defendant recover all other and further relief, at law or in equity, to which he may be justly entitled. Respectfully submitted, VAUGHAN & RAMSEY M. flsfl/Zfl M. Nathan Barbera State Bar. No. 24006794 nbarbera@vrlaw.net Corrine Queenan Alley State Bar No. 24097120 cqueenan@vrlaw.net 2000 E. Lamar Blvd. Suite 430 Arlington, TX 76006 (972) 262—0800 (972) 642-0073 -facsimile ATTORNEYS FOR DEFENDANT CERTIFICATE OF CONFERENCE I certify that a reasonable effort was made t0 resolve the dispute without the necessity of court intervention, and that effort failed. M. /7%/L.—— M. Nathan Barbera DEFENDANT’S MOTION TO STRIKE PLAINTIFF’S AFFIDAVIT OF COSTS AND NECESSITY OF SERVICES OF PRIME DIAGNOSTIC IMAGING PAGE 3 (277.0027P.MTSPRIME DIAGNOSTIC) CERTIFICATE OF SERVICE I certify that a true and correct copy of this pleading has been served Via e—service upon counsel listed below 0n April 6, 2020: Joel M. Vecchio Abraham C. Bloomenstiel Law Office 0f Joel M. Vecchio, P.C. P.O. Box 860826 Plano, Texas 75086-0826 M. /72¢/.é,_— M. Nathan Barbera DEFENDANT’S MOTION TO STRIKE PLAINTIFF’S AFFIDAVIT OF COSTS AND NECESSITY OF SERVICES OF PRIME DIAGNOSTIC IMAGING PAGE 4 (277.0027P.MTSPRIME DIAGNOSTIC) EXHIBIT “A” 5 CAUSE NO. DC-l9-l3370 NADER ANSARI § 1N THE DISTRICT COURT Plaintiff, g v. g 162”” JUDICIAL DISTRICT ADAM NEUMARK g Defendant. g DALLAS COUNTY, TEXAS AFFIDAVIT 0F COST AND NECESSITY OF SERVICES E E, the undersigned authority, personally appeared u , w o being by me duly sworn, deposed as follows: fofi. “ VIy name is _\ ,I am of sound mind, capable of making this affidavit, and personall—y acquainted with the facts herein stated. I am the custodian of the records Attached to this afl'ldavit are records that provide.an itemized statement f the servic s d the charge for the services ml, provided to Nader Ansari (patient) on 0‘ “HM ”1‘0 J M . The attache records are a part of this Affidavit. The total amount billed for the provide services is $ kfl‘mg LS 2i 2 . The total amount paid for the provided services is $ mum IE Q , and the current amount due is *KDOD $ and it The was attached the records regular are course kept by of business of dm 1 ‘ m ular course [fir an of business, employee or representative ofmmmmfflmm diagnosis, recorded to make the recor o knowYedge of e act, event, condition, opinion, or to transmit information thereof to be included in such record; and the record was made at or near the time or reasonably soon thereafter. The records attached hereto are the original or exact duplicates of the original. The medical provider has represented that the services provided were necessary and the amount charged for the services was reasonable at the time and. place the service was provided.” lant SWORN To AND SUBSCRIBED before me on the /@/2024— A day of Wow. My Commission Expires Ngg Printed N%c a i .r—‘JZ 1&2, a. 03,; REBECCA K. DYER .3: MyNotaryID#130499833 ' Expires January18.2024 EXHIBIT “B” 7 OF 7 ‘ Ol/14/2019 01/14/2019 9:10:13 AM P~E PRAE DIAGNOSTIC IMAGING APAGE ~PAGE 22 0F 7 Patient Receipt Receipt m-M Remit Remit payment payment to: to: ‘ Patient Prime Prime Imaging Imaging Partners Partners Monday, Monday, January January 14, 14, 2019 P.O P.o Box BOX 821868 Dallas, Dallas, TX Tx 821 863 75382-1868 75332-1 sea r":·lnl•i::::~.;,;.4:;J1a:::, Amount Due Amount Paid (214) (214) 442-8903 442-8903 Joel Joel Vecchio Vecchio Atty Atty Po Po Box Box 860826 860826 Plano, Plano, TX 75086 75086 Employer Employer ID ID 912166400 912166400 Provider Provider ID ID Date Description Description Check# Check?!Fee Fee Units Units Insurance Insurance Patient Patient Nader AnsariesFahani(369834)/Prime AnsariesFahani(368834)IPrime Diagnostic Diagnostic lmaging/530568 lmagingl530568 Referring Referring Physician: Physician: Shereffa Clarke DC Shereffa Clarke Low back back pain pain (M54.5) (M545) Chest Chest pain, pain. unspecified unspecified (R07.9) (R079) Pain Pain in In right right shoulder shoulder (M25.511) (M2551 1) Pain Paln in in right fight wrist wrist (M25.531) (M25531) Pain Pain in in right right foot foot (M79.671) (M79571) 01/11/2019 01/1 10019 X-RAY X—RAY LUMBAR SPINE '1/3 26 VIEWS (72100 (72100 59) 59) $169.00 $169.00 1.0 1.0 $0.00 $0.00 $169.00 $169.00 01/11/2019 01/1 10019 XRAY- RIBS-2V RIBS - 2V (71100 (71100 RT) RT) $162.00 $162.00 1.0 1.0 $0.00 $0.00 $162.00 $162.00 01/11/2019 01/1 12019 X-RAY SHOULDER, TWO VIEWS (73030 (73030 RT) RT) $148.00 $148.00 1.0 1.0 $0.00 $0.00 $148.00 $148.00 01/11/2019 0111 12019 X-RAY WRIST, THREEVIEWS(73110 THREE VIEWS (731 10 RT) RT) $139.00 $139.00 1.0 1.0 $0.00 $0.00 $139.00 $139.00 01/1112019 01/1 1/2019 X-RAY FOOT COMPLETE (73630 (73630 RT) RT) $134.00 $134.00 1.0 1.0 $0.00 $0.00 $134.00 $134.00 Balance: Balance: $0.00 $0.00 $752.00 $752.00 Total Balance Ins.Balance Pat.Balance $752.00 $0.00 $752.00 Prime Prime Imaging Imaging Partners, Partners, LLC ** 12840 12840 Hillcrest Hillcrest Plaza, Plaza, STE E00 ** Dallas, Dalla‘s, TX 528 ** (21 75230-1528 75230-1 (214) 4) 442-8903 ! 8