Preview
11/4/2019 12:07 PM
Marilyn Burgess - District Clerk Harris County
Envelope No. 38194604
By: CAROL WILLIAMS
Filed: 11/4/2019 12:07 PM
CAUSE NO. 2018-44161
OLIVER HENRIQUEZ GONZALEZ § IN THE DISTRICT COURT
§
VS. § HARRIS COUNTY, TEXAS
§
ELVIN GALDAMEZ § 127TH JUDICIAL DISTRICT
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PLAINTIFF’S SUPPLEMENTAL DESIGNATION OF EXPERT WITNESSES
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AND SUPPLEMENT DISCLOSURES
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Plaintiff, Oliver Henriquez Gonzalez, in accordance with the Court’s Docket Control Or-
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der, serves this, his Supplemental Designation of Expert Witnesses and supplements his responses
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to Disclosures as follows:
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194.2(f) For any testifying expert:
1) the expert’s name, address and telephone number;
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the subject matter on which the expert will testify;
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3) the general substance of the expert’s mental impressions and opin-
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ions and a brief summary of the basis for them, or if the expert is
not retained by, employed by, or otherwise subject to the control of
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the responding party, documents reflecting such information;
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4) if the expert is retained by, employed by, or otherwise subject to
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the control of the responding party:
A. all documents, tangible things, reports, models, or data com-
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pilations that have been provided to, reviewed by, or pre-
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pared by or for the expert in anticipation of the expert’s tes-
timony; and
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B. the expert’s current resume and bibliography.
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RESPONSE:
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Plaintiff incorporates herein by reference Plaintiff’s Response to Defendant’s Request for
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Disclosures (and all amendments and supplements thereto), together with all other discovery re-
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sponses previously served on Defendant, and designates expert witnesses as follows:
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Plaintiff’s Treating Physicians
and Other Persons with Knowledge of Relevant Facts
Who May Qualify as Experts but Have Not
Been Specially Retained
(Fact Experts - Tex. R. Civ. P. 194.2(f))
Supplemental Designation of Expert Witnesses Page 1 of 12
The following person(s), or their custodian(s) of records, have not been retained by and are
not employed by, or are otherwise subject to the control of Plaintiff (hereinafter referred to as
“non-retained” experts), but are hereby designated as testifying experts by Plaintiff and the fol-
lowing information is provided in accordance with Texas Rule of Civil Procedure 194.2.
Although these witnesses have not been specifically retained as expert witnesses by Plain-
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tiff, and while Plaintiff cannot vouch for the expertise or credibility of such witnesses at this time,
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it is believed that they may have knowledge, training or expertise which may qualify them as
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experts. Accordingly, Plaintiff will designate these witnesses as persons who may be called upon
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to give testimony that would be considered expert testimony.
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I. NON-RETAINED MEDICAL EXPERTS. The following healthcare providers,
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and/or the custodian(s) of their records, may testify regarding the injuries sustained by Plaintiff
as a result of the incident made the subject of this suit, their medical diagnosis, prognosis and the
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reasonable and necessary cost of hospital, doctor and medical bills for treatment of Plaintiff’s in-
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juries in the past and in the future. Please refer to the healthcare providers’ records for their
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mental impressions, opinions, conclusions, and the factual basis for each opinion.
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I.1. Identity of Non-Retained Medical Experts. The names of Plaintiff’s non-retained,
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non-controlled medical experts and their addresses and telephone numbers are as follows:
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THE FOLLOWING INDIVIDUALS AND ENTITIES AND THEIR CURRENT AND FOR-
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MER OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SERVANTS, PHYSICIANS,
NURSES, PARAMEDICS, EMTs, ATTENDANTS, STAFF, HEALTHCARE PROVID-
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ERS, AND CUSTODIANS OF RECORDS:
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Africa Trent, D.C.
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Soyoung Yun, D.C.
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Houston Pain & Wellness Clinic
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c/o 1st Choice Accident & Injury
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8138 S. Kirkwood, Suite C
Houston, Texas 77072
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Omar D. Vidal, M.D.
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Diagnostic & Pain Consultants, LLC
13514 Broadmeadow Lane
Houston, Texas 77077
713-461-7272
Supplemental Designation of Expert Witnesses Page 2 of 12
Gerald B. Cobb, M.D.
Phillip N. Parmet, M.D.
First Choice Emergency Room
13338 Tomball Parkway
Houston, Texas 77086
346-907-5550
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Lorenzo Farolan, M.D.
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Memorial MRI & Diagnostic
1241 Campbell Road
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Houston, Texas 77055
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713-461-3399
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Omar D. Vidal, M.D.
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Dr. Pinksky
M. .Kelly, CRNA
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S. Malveaux, Radiology Technologist
OSD Surgery Center
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2121 Williams Trace Blvd., Suite 200
Sugar Land, Texas 77478 Bu
281-404-3280
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Scott H. Hung, M.D.
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ProHealth Medicine
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4800 Sugar Grove Blvd., Suite 275
Stafford, Texas 77477
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832-804-6666
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RaKerry Rahman, M.D.
Spine & Orthopedic Surgical Institute
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2656 S. Loop W.
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Houston, Texas 77054
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346-980-8700
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P.O. Box 27409
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Houston, Texas 77227
713-553-3983
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Bryan Yuncker, D.C.
We Got Your Back Chiropractic
110 Vintage Park Blvd., Suite D, Bldg. J
Houston, Texas 77070
Supplemental Designation of Expert Witnesses Page 3 of 12
Phillip N. Parmet, M.D.
Synergy Radiology
7026 Old Katy Road, Suite 276
Houston, Texas 77024-2137
713-621-7436
I.2. Subject Matters of Non-Retained Medical Experts. The subject matters on which said
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non-retained, non-controlled medical experts will testify are as follows:
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a. the existence, nature and/or extent of, and pain associated with the injuries sus-
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tained by Plaintiffs;
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b. the examination and treatment of the injuries sustained by Plaintiff;
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c. pre-existing injuries to and/or pre-existing medical conditions of Plaintiff;
d. the type, purpose, extent, results, evaluations and/or interpretations of exami-
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nations, treatments, x-rays and MRI’s tests regarding Plaintiff;
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e.
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recommendations, diagnosis and prognosis regarding the Plaintiff’s injuries;
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f. the existence, nature and/or extent of the disabilities and/or incapacities of
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Plaintiff in the past, and the reasonable probability and extent of the disabilities
and/or incapacities which Plaintiff may suffer from in the future;
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g. the cause(s) of Plaintiff’s condition(s), injuries, disabilities and/or capacities;
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h. medical care and treatment and medications that have been required by Plain-
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tiff in the past for the treatment of the injuries allegedly sustained by Plaintiff
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in the subject collision and for rehabilitation from such injuries;
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i. medical care and treatment and medications that will be required by Plaintiff in
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the future, if any, for the treatment of the injuries allegedly sustained by Plain-
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tiff in the subject collision and for rehabilitation from such injuries;
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j. the reasonableness of the costs, and the necessity of the medical services and
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medical care and medications rendered to Plaintiff in the past, and that they
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will in reasonable probability receive in the future, for the injuries sustained by
Plaintiff in the subject collision;
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k. all those subject matters contained, discussed or disclosed in:
(1) the medical records of Plaintiff which have been and which may here-
after be produced in this cause;
(2) all medical records affidavits and/or medical billing affidavits which
have been served and which may hereafter be served in this cause, and
all exhibits thereto;
Supplemental Designation of Expert Witnesses Page 4 of 12
(3) the depositions on written questions of Plaintiff’s health care providers
which have been taken and which may hereafter be taken in this cause,
and all exhibits thereto; and
(4) all written reports of healthcare providers produced during the course
of discovery in this cause.
All of said documents are incorporated herein by reference as though set out at length
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for all purposes.
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I.3. Impressions and Opinions of Non-Retained Medical Experts. The general sub-
stance of said non-retained, non-controlled medical experts’ mental impressions and opinions
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are expected to be, and a brief summary of the basis for them are, as follows:
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a. the nature, extent, and severity of Plaintiff’s alleged injuries, incapacities, and
disabilities;
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b. Plaintiff’s injuries, incapacities, and/or disabilities are the result in whole or in
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part of the injuries received by Plaintiff and made the subject of this suit;
c.
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the medical care and treatment rendered to Plaintiff was reasonable and/or nec-
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essary;
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d. the subject accident did, based on reasonable medical probability, cause all of
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the complaints, disabilities, injuries, and/or incapacities of Plaintiff;
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e. that any surgical intervention for treatment of Plaintiff’s symptoms was neces-
sitated and proximately caused by the incident made the subject of this lawsuit;
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f. that the medical expenses of Plaintiff were necessitated by the incident which
is the subject of this lawsuit;
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g. all other impressions and/or opinions that are contained, discussed, and/or dis-
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closed in the following:
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(1) the medical records of Plaintiff which have been and which may here-
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after be produced in this cause;
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(2) the medical records affidavits and medical billing affidavits which have
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been served and which may hereafter be served in this cause and all ex-
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hibits thereto;
(3) the depositions on written questions of Plaintiff’s health care providers
which have been taken and which may hereafter be taken in this cause,
and all exhibits thereto; and
(4) all written reports of healthcare providers produced during the course
of discovery in this cause.
Supplemental Designation of Expert Witnesses Page 5 of 12
All of said documents are incorporated herein by reference as though set out at length
for all purposes.
I.4. Brief Summary of Basis for Impressions and Opinions. The basis for the forego-
ing impressions and opinions of the above named and/or designated expert witnesses are the
experts' education, training and experience and all of the facts shown by and/or contained in:
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a. All of the medical records of Plaintiff produced in this cause;
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b. All depositions taken and hereafter taken in this cause, either by written ques-
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tions or orally, and all exhibits thereto;
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c. The expert reports herein above expressly referred to;
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d. All witness statements which may be produced in this cause;
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e. All of the photographs and videotape recordings produced in this cause;
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f. The Responses to Requests for Disclosure, Responses to Requests for Produc-
tion, Answers to Interrogatories, and the Amendments and Supplements
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thereto which have been served by each of the parties in this action;
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g. The pleadings on file in this action; and
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h. All documents and tangible things produced in this cause.
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All of which records, reports, documents, depositions, photographs and videotape re-
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cordings are incorporated herein by reference and made a part hereof for all purposes as if set
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out at length herein.
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II. NON-RETAINED PEACE OFFICER EXPERT. The following peace officers, and/or
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the custodian of their records, may testify regarding the facts of the wreck made the subject matter
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of this case, the causation of the wreck, and statements made by the persons involved in the wreck,
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or witnesses thereto. Please refer to the Texas Peace Officer’s Crash Report for their mental im-
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pressions, opinions, conclusions, and the factual basis for each opinion.
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II.1. Identity of Non-Retained Experts. The name of the non-retained/non-controlled Peace Of-
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ficer expert and his address is as follows:
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Deputy Jeffrey S. Brown
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ID No. SO0254
Harris County Sheriff’s Office
Its custodian of records, officers, agents, and employees
1200 Baker Street
Houston, Texas 77002
713-221-6000
Supplemental Designation of Expert Witnesses Page 6 of 12
II.2. Subject Matters of Non-Retained Experts. The subject matters on which said non-retained
non-controlled peace officer will testify are as follows:
a. the facts surrounding the wreck;
b. the cause of the wreck;
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c. the results of his accident investigation/recreation of the wreck;
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d. the facts obtained during his investigation of this wreck;
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e. any observations made by him at the scene of the wreck or during the course of his
investigation;
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f. the substance of any witness statements taken during the course of his investigation;
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g. any analysis of the vehicles involved in this collision; and
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h. all those subject matters contained, discussed or disclosed in:
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(1) the Texas Peace Officer’s Report of the wreck made the subject of this suit;
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(2) all depositions taken in this cause, whether taken orally or on written ques-
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tions;
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(3) all written reports produced during the course of discovery in this cause;
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(4) all accident reports created by any governmental agency and all attachments
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thereto;
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(5) all pictures taken of the wreck, the vehicles involved in the wreck, or the
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injuries received d in the wreck, including all photographs produced during
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the course of discovery in this cause;
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(6) all statements produced during the course of discovery in this cause; and
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(7) all deposition testimony given in this cause by any of the above designated
individuals or any individual who also investigated this wreck but who is
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not specifically identified above.
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All of which documents are incorporated herein by reference as though set out at length
for all purposes.
II.3. Impressions and Opinions of Non-Retained Experts. The general substance of said non-
retained / non-controlled Peace Officer’s expert mental impressions and opinions are expected to
be, and a brief summary of the basis for them are, as follows:
Supplemental Designation of Expert Witnesses Page 7 of 12
a. the facts of the wreck made the subject of this suit;
b. that Defendant was traveling the wrong direction on the street;
c. Defendant was at fault for the collision;
d. the identity of the drivers involved in the wreck made the subject of this suit;
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e. the causative factors regarding the wreck made the subject of this suit;
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f. the extent of the damage to the vehicles involved in the wreck made the subject of
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this suit;
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g. the traffic conditions, terrain, and weather conditions at the time of the wreck made
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the subject of this suit;
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h. all other impressions and opinions that are contained, discussed or disclosed in:
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(1) the Texas Peace Officer’s Report of the wreck made the subject of this suit;
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(2) all depositions taken in this cause, whether taken orally or on written ques-
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tions;
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(3) all written reports produced during the course of discovery in this cause;
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(4) all accident reports created by any governmental agency and all attachments
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thereto;
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(5) all pictures taken of the wreck, the vehicles involved in the wreck, or the
injuries received in the wreck, including all photographs produced during
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the course of discovery in this cause;
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(6) all statements produced during the course of discovery in this cause; and
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(7) all deposition testimony given in this cause by any of the above designated
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individuals or any individual who also investigated this wreck but who is
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not specifically identified above.
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All of which documents are incorporated herein by reference as though set out at length
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for all purposes.
II.4. Brief Summary of Basis for Impressions and Opinions. The basis for the foregoing im-
pressions and opinions of the above named and/or designated expert witness are all of the facts
shown by and/or contained in:
Supplemental Designation of Expert Witnesses Page 8 of 12
a. the Peace Officer’s investigation of the wreck including the scene of the wreck, the
vehicles involved, the statements of the drivers and passengers in the vehicles,
statements of witnesses to the wreck, and emergency medical care rendered to the
parties;
b. the Peace Officer’s report and notes pertaining to the wreck made the subject of
this suit;
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c. all depositions taken and hereafter taken in this cause, either by written questions
or orally, and all exhibits thereto;
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d. the expert reports herein above expressly referred to;
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e. all witness statements which may be produced in this cause;
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f. all of the photographs and videotape recordings produced in this cause or obtained
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by the designated individuals during the course of their investigation;
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g. the Responses to Requests for Disclosure, Responses to Requests for Production,
Answers to Interrogatories, and the Bu
Amendments and Supplements thereto that
have been served by each of the parties to this cause;
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h. the Pleadings on file in this cause;
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i. all documents and tangible things produced in this cause;
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j. all accident reports created by any governmental agency and all attachments
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thereto;
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k. the education, knowledge and experience of the investigating officer along with any
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specialized training received by him and his observations, deductions and calcula-
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tions performed during his investigation of this wreck; and
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l. All of which records, reports, documents, depositions, photographs and videotape
recordings are incorporated herein by reference and made a part hereof for all pur-
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poses as if set out at length herein.
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III. ADDITIONAL DESIGNATIONS. Plaintiff also incorporates herein by reference all dep-
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ositions; depositions on written questions; documents and exhibits attached to or referenced in all
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depositions; and all documents produced by any party hereto in disclosures and/or discovery. Any
opinions and bases for opinions discussed in deposition(s) are likewise incorporated herein.
Plaintiff further reserves the right through cross-examination or deposition, to call any ex-
pert witness identified herein by Defendant.
Supplemental Designation of Expert Witnesses Page 9 of 12
Plaintiff reserves the right to withdraw the designation of any expert witness and to aver
positively that such previously designated expert will not be called as an expert witness at trial and
to redesignate same as a consulting expert, who cannot be called by opposing counsel.
Plaintiff reserves the right to elicit any expert testimony and/or lay opinion testimony that
would assist the jury in determining material issues of fact and that would not violate the Texas
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Rules of Civil Procedure.
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Plaintiff reserves all additional rights that Plaintiffs may have regarding expert witnesses
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and testimony under the Texas Rules of Civil Procedure, the Texas Rules of Evidence, case law,
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and the rulings of this Honorable Court.
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Plaintiff reserves the right to elicit expert opinion from any of the designated fact witnesses
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within any area as to which such person has expertise.
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To the extent necessary, this expert designation should be considered a supplement to any
outstanding or future discovery requests served on Plaintiff.
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This designation shall serve to supplement Plaintiff’s Responses to Defendants’ Request
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for Disclosures, Answers to Interrogatories, and Responses to Requests for Production propounded
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to Plaintiff by a party inquiring as to expert witnesses.
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Discovery in this matter is still ongoing and Plaintiff reserves the right to supplement this
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designation if further discovery reveals the need for additional testimony.
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Supplemental Designation of Expert Witnesses Page 10 of 12
Respectfully submitted,
____________________
M. RAYMOND HATCHER
State Bar No. 24002243
rhatcher@sloanfirm.com
JOSEPH K. JONES
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State Bar No. 24076466
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jjones@sloanfirm.com
SEAN A. KOCH
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State Bar No. 24104502
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skoch@sloanfirm.com
SLOAN HATCHER PERRY RUNGE
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ROBERTSON & SMITH
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11/4/2019 12:07 PM Marilyn Burgess - District Clerk Harris County Envelope No. 38194604 By: CAROL WILLIAMS Filed: 11/4/2019 12:07 PM CAUSE NO. 2018-44161 OLIVER HENRIQUEZ GONZALEZ § IN THE DISTRICT COURT § VS. § HARRIS COUNTY, TEXAS § ELVIN GALDAMEZ § 127TH JUDICIAL DISTRICT k ler PLAINTIFF’S SUPPLEMENTAL DESIGNATION OF EXPERT WITNESSES tC AND SUPPLEMENT DISCLOSURES ric Plaintiff, Oliver Henriquez Gonzalez, in accordance with the Court’s Docket Control Or- ist der, serves this, his Supplemental Designation of Expert Witnesses and supplements his responses sD to Disclosures as follows: es rg 194.2(f) For any testifying expert: 1) the expert’s name, address and telephone number; 2) Bu the subject matter on which the expert will testify; n 3) the general substance of the expert’s mental impressions and opin- ily ions and a brief summary of the basis for them, or if the expert is not retained by, employed by, or otherwise subject to the control of ar the responding party, documents reflecting such information; M 4) if the expert is retained by, employed by, or otherwise subject to of the control of the responding party: A. all documents, tangible things, reports, models, or data com- e pilations that have been provided to, reviewed by, or pre- ffic pared by or for the expert in anticipation of the expert’s tes- timony; and O B. the expert’s current resume and bibliography. y op RESPONSE: C Plaintiff incorporates herein by reference Plaintiff’s Response to Defendant’s Request for ial Disclosures (and all amendments and supplements thereto), together with all other discovery re- fic sponses previously served on Defendant, and designates expert witnesses as follows: of Un Plaintiff’s Treating Physicians and Other Persons with Knowledge of Relevant Facts Who May Qualify as Experts but Have Not Been Specially Retained (Fact Experts - Tex. R. Civ. P. 194.2(f)) Supplemental Designation of Expert Witnesses Page 1 of 12 The following person(s), or their custodian(s) of records, have not been retained by and are not employed by, or are otherwise subject to the control of Plaintiff (hereinafter referred to as “non-retained” experts), but are hereby designated as testifying experts by Plaintiff and the fol- lowing information is provided in accordance with Texas Rule of Civil Procedure 194.2. Although these witnesses have not been specifically retained as expert witnesses by Plain- k tiff, and while Plaintiff cannot vouch for the expertise or credibility of such witnesses at this time, ler it is believed that they may have knowledge, training or expertise which may qualify them as tC experts. Accordingly, Plaintiff will designate these witnesses as persons who may be called upon ric to give testimony that would be considered expert testimony. ist I. NON-RETAINED MEDICAL EXPERTS. The following healthcare providers, sD and/or the custodian(s) of their records, may testify regarding the injuries sustained by Plaintiff as a result of the incident made the subject of this suit, their medical diagnosis, prognosis and the es reasonable and necessary cost of hospital, doctor and medical bills for treatment of Plaintiff’s in- rg juries in the past and in the future. Please refer to the healthcare providers’ records for their Bu mental impressions, opinions, conclusions, and the factual basis for each opinion. n ily I.1. Identity of Non-Retained Medical Experts. The names of Plaintiff’s non-retained, ar non-controlled medical experts and their addresses and telephone numbers are as follows: M of THE FOLLOWING INDIVIDUALS AND ENTITIES AND THEIR CURRENT AND FOR- e MER OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SERVANTS, PHYSICIANS, NURSES, PARAMEDICS, EMTs, ATTENDANTS, STAFF, HEALTHCARE PROVID- ffic ERS, AND CUSTODIANS OF RECORDS: O Africa Trent, D.C. y Soyoung Yun, D.C. op Houston Pain & Wellness Clinic C c/o 1st Choice Accident & Injury ial 8138 S. Kirkwood, Suite C Houston, Texas 77072 fic of Omar D. Vidal, M.D. Un Diagnostic & Pain Consultants, LLC 13514 Broadmeadow Lane Houston, Texas 77077 713-461-7272 Supplemental Designation of Expert Witnesses Page 2 of 12 Gerald B. Cobb, M.D. Phillip N. Parmet, M.D. First Choice Emergency Room 13338 Tomball Parkway Houston, Texas 77086 346-907-5550 k Lorenzo Farolan, M.D. ler Memorial MRI & Diagnostic 1241 Campbell Road tC Houston, Texas 77055 ric 713-461-3399 ist Omar D. Vidal, M.D. sD Dr. Pinksky M. .Kelly, CRNA es S. Malveaux, Radiology Technologist OSD Surgery Center rg 2121 Williams Trace Blvd., Suite 200 Sugar Land, Texas 77478 Bu 281-404-3280 n ily Scott H. Hung, M.D. ar ProHealth Medicine M 4800 Sugar Grove Blvd., Suite 275 Stafford, Texas 77477 of 832-804-6666 e ffic RaKerry Rahman, M.D. Spine & Orthopedic Surgical Institute O 2656 S. Loop W. y Houston, Texas 77054 op 346-980-8700 C TL Billing & Practice Management ial P.O. Box 27409 fic Houston, Texas 77227 713-553-3983 of Un Bryan Yuncker, D.C. We Got Your Back Chiropractic 110 Vintage Park Blvd., Suite D, Bldg. J Houston, Texas 77070 Supplemental Designation of Expert Witnesses Page 3 of 12 Phillip N. Parmet, M.D. Synergy Radiology 7026 Old Katy Road, Suite 276 Houston, Texas 77024-2137 713-621-7436 I.2. Subject Matters of Non-Retained Medical Experts. The subject matters on which said k non-retained, non-controlled medical experts will testify are as follows: ler a. the existence, nature and/or extent of, and pain associated with the injuries sus- tC tained by Plaintiffs; ric b. the examination and treatment of the injuries sustained by Plaintiff; ist sD c. pre-existing injuries to and/or pre-existing medical conditions of Plaintiff; d. the type, purpose, extent, results, evaluations and/or interpretations of exami- es nations, treatments, x-rays and MRI’s tests regarding Plaintiff; rg e. Bu recommendations, diagnosis and prognosis regarding the Plaintiff’s injuries; n f. the existence, nature and/or extent of the disabilities and/or incapacities of ily Plaintiff in the past, and the reasonable probability and extent of the disabilities and/or incapacities which Plaintiff may suffer from in the future; ar M g. the cause(s) of Plaintiff’s condition(s), injuries, disabilities and/or capacities; of h. medical care and treatment and medications that have been required by Plain- e tiff in the past for the treatment of the injuries allegedly sustained by Plaintiff ffic in the subject collision and for rehabilitation from such injuries; O i. medical care and treatment and medications that will be required by Plaintiff in y the future, if any, for the treatment of the injuries allegedly sustained by Plain- op tiff in the subject collision and for rehabilitation from such injuries; C j. the reasonableness of the costs, and the necessity of the medical services and ial medical care and medications rendered to Plaintiff in the past, and that they fic will in reasonable probability receive in the future, for the injuries sustained by Plaintiff in the subject collision; of Un k. all those subject matters contained, discussed or disclosed in: (1) the medical records of Plaintiff which have been and which may here- after be produced in this cause; (2) all medical records affidavits and/or medical billing affidavits which have been served and which may hereafter be served in this cause, and all exhibits thereto; Supplemental Designation of Expert Witnesses Page 4 of 12 (3) the depositions on written questions of Plaintiff’s health care providers which have been taken and which may hereafter be taken in this cause, and all exhibits thereto; and (4) all written reports of healthcare providers produced during the course of discovery in this cause. All of said documents are incorporated herein by reference as though set out at length k ler for all purposes. tC I.3. Impressions and Opinions of Non-Retained Medical Experts. The general sub- stance of said non-retained, non-controlled medical experts’ mental impressions and opinions ric are expected to be, and a brief summary of the basis for them are, as follows: ist sD a. the nature, extent, and severity of Plaintiff’s alleged injuries, incapacities, and disabilities; es b. Plaintiff’s injuries, incapacities, and/or disabilities are the result in whole or in rg part of the injuries received by Plaintiff and made the subject of this suit; c. Bu the medical care and treatment rendered to Plaintiff was reasonable and/or nec- n essary; ily d. the subject accident did, based on reasonable medical probability, cause all of ar the complaints, disabilities, injuries, and/or incapacities of Plaintiff; M of e. that any surgical intervention for treatment of Plaintiff’s symptoms was neces- sitated and proximately caused by the incident made the subject of this lawsuit; e ffic f. that the medical expenses of Plaintiff were necessitated by the incident which is the subject of this lawsuit; yO g. all other impressions and/or opinions that are contained, discussed, and/or dis- op closed in the following: C (1) the medical records of Plaintiff which have been and which may here- ial after be produced in this cause; fic (2) the medical records affidavits and medical billing affidavits which have of been served and which may hereafter be served in this cause and all ex- Un hibits thereto; (3) the depositions on written questions of Plaintiff’s health care providers which have been taken and which may hereafter be taken in this cause, and all exhibits thereto; and (4) all written reports of healthcare providers produced during the course of discovery in this cause. Supplemental Designation of Expert Witnesses Page 5 of 12 All of said documents are incorporated herein by reference as though set out at length for all purposes. I.4. Brief Summary of Basis for Impressions and Opinions. The basis for the forego- ing impressions and opinions of the above named and/or designated expert witnesses are the experts' education, training and experience and all of the facts shown by and/or contained in: k a. All of the medical records of Plaintiff produced in this cause; ler b. All depositions taken and hereafter taken in this cause, either by written ques- tC tions or orally, and all exhibits thereto; ric c. The expert reports herein above expressly referred to; ist d. All witness statements which may be produced in this cause; sD e. All of the photographs and videotape recordings produced in this cause; es rg f. The Responses to Requests for Disclosure, Responses to Requests for Produc- tion, Answers to Interrogatories, and the Amendments and Supplements Bu thereto which have been served by each of the parties in this action; n ily g. The pleadings on file in this action; and ar h. All documents and tangible things produced in this cause. M All of which records, reports, documents, depositions, photographs and videotape re- of cordings are incorporated herein by reference and made a part hereof for all purposes as if set e out at length herein. ffic II. NON-RETAINED PEACE OFFICER EXPERT. The following peace officers, and/or O the custodian of their records, may testify regarding the facts of the wreck made the subject matter y of this case, the causation of the wreck, and statements made by the persons involved in the wreck, op or witnesses thereto. Please refer to the Texas Peace Officer’s Crash Report for their mental im- C pressions, opinions, conclusions, and the factual basis for each opinion. ial II.1. Identity of Non-Retained Experts. The name of the non-retained/non-controlled Peace Of- fic ficer expert and his address is as follows: of Deputy Jeffrey S. Brown Un ID No. SO0254 Harris County Sheriff’s Office Its custodian of records, officers, agents, and employees 1200 Baker Street Houston, Texas 77002 713-221-6000 Supplemental Designation of Expert Witnesses Page 6 of 12 II.2. Subject Matters of Non-Retained Experts. The subject matters on which said non-retained non-controlled peace officer will testify are as follows: a. the facts surrounding the wreck; b. the cause of the wreck; k c. the results of his accident investigation/recreation of the wreck; ler d. the facts obtained during his investigation of this wreck; tC ric e. any observations made by him at the scene of the wreck or during the course of his investigation; ist sD f. the substance of any witness statements taken during the course of his investigation; es g. any analysis of the vehicles involved in this collision; and rg h. all those subject matters contained, discussed or disclosed in: Bu (1) the Texas Peace Officer’s Report of the wreck made the subject of this suit; n ily (2) all depositions taken in this cause, whether taken orally or on written ques- ar tions; M (3) all written reports produced during the course of discovery in this cause; of e (4) all accident reports created by any governmental agency and all attachments ffic thereto; O (5) all pictures taken of the wreck, the vehicles involved in the wreck, or the y injuries received d in the wreck, including all photographs produced during op the course of discovery in this cause; C (6) all statements produced during the course of discovery in this cause; and ial fic (7) all deposition testimony given in this cause by any of the above designated individuals or any individual who also investigated this wreck but who is of not specifically identified above. Un All of which documents are incorporated herein by reference as though set out at length for all purposes. II.3. Impressions and Opinions of Non-Retained Experts. The general substance of said non- retained / non-controlled Peace Officer’s expert mental impressions and opinions are expected to be, and a brief summary of the basis for them are, as follows: Supplemental Designation of Expert Witnesses Page 7 of 12 a. the facts of the wreck made the subject of this suit; b. that Defendant was traveling the wrong direction on the street; c. Defendant was at fault for the collision; d. the identity of the drivers involved in the wreck made the subject of this suit; k ler e. the causative factors regarding the wreck made the subject of this suit; tC f. the extent of the damage to the vehicles involved in the wreck made the subject of ric this suit; ist g. the traffic conditions, terrain, and weather conditions at the time of the wreck made sD the subject of this suit; es h. all other impressions and opinions that are contained, discussed or disclosed in: rg (1) the Texas Peace Officer’s Report of the wreck made the subject of this suit; Bu (2) all depositions taken in this cause, whether taken orally or on written ques- n tions; ily ar (3) all written reports produced during the course of discovery in this cause; M (4) all accident reports created by any governmental agency and all attachments of thereto; e ffic (5) all pictures taken of the wreck, the vehicles involved in the wreck, or the injuries received in the wreck, including all photographs produced during O the course of discovery in this cause; y op (6) all statements produced during the course of discovery in this cause; and C (7) all deposition testimony given in this cause by any of the above designated ial individuals or any individual who also investigated this wreck but who is fic not specifically identified above. of All of which documents are incorporated herein by reference as though set out at length Un for all purposes. II.4. Brief Summary of Basis for Impressions and Opinions. The basis for the foregoing im- pressions and opinions of the above named and/or designated expert witness are all of the facts shown by and/or contained in: Supplemental Designation of Expert Witnesses Page 8 of 12 a. the Peace Officer’s investigation of the wreck including the scene of the wreck, the vehicles involved, the statements of the drivers and passengers in the vehicles, statements of witnesses to the wreck, and emergency medical care rendered to the parties; b. the Peace Officer’s report and notes pertaining to the wreck made the subject of this suit; k ler c. all depositions taken and hereafter taken in this cause, either by written questions or orally, and all exhibits thereto; tC ric d. the expert reports herein above expressly referred to; ist e. all witness statements which may be produced in this cause; sD f. all of the photographs and videotape recordings produced in this cause or obtained es by the designated individuals during the course of their investigation; rg g. the Responses to Requests for Disclosure, Responses to Requests for Production, Answers to Interrogatories, and the Bu Amendments and Supplements thereto that have been served by each of the parties to this cause; n ily h. the Pleadings on file in this cause; ar M i. all documents and tangible things produced in this cause; of j. all accident reports created by any governmental agency and all attachments e thereto; ffic k. the education, knowledge and experience of the investigating officer along with any O specialized training received by him and his observations, deductions and calcula- y tions performed during his investigation of this wreck; and op C l. All of which records, reports, documents, depositions, photographs and videotape recordings are incorporated herein by reference and made a part hereof for all pur- ial poses as if set out at length herein. fic III. ADDITIONAL DESIGNATIONS. Plaintiff also incorporates herein by reference all dep- of ositions; depositions on written questions; documents and exhibits attached to or referenced in all Un depositions; and all documents produced by any party hereto in disclosures and/or discovery. Any opinions and bases for opinions discussed in deposition(s) are likewise incorporated herein. Plaintiff further reserves the right through cross-examination or deposition, to call any ex- pert witness identified herein by Defendant. Supplemental Designation of Expert Witnesses Page 9 of 12 Plaintiff reserves the right to withdraw the designation of any expert witness and to aver positively that such previously designated expert will not be called as an expert witness at trial and to redesignate same as a consulting expert, who cannot be called by opposing counsel. Plaintiff reserves the right to elicit any expert testimony and/or lay opinion testimony that would assist the jury in determining material issues of fact and that would not violate the Texas k Rules of Civil Procedure. ler tC Plaintiff reserves all additional rights that Plaintiffs may have regarding expert witnesses ric and testimony under the Texas Rules of Civil Procedure, the Texas Rules of Evidence, case law, ist and the rulings of this Honorable Court. sD Plaintiff reserves the right to elicit expert opinion from any of the designated fact witnesses es within any area as to which such person has expertise. rg Bu To the extent necessary, this expert designation should be considered a supplement to any outstanding or future discovery requests served on Plaintiff. n ily This designation shall serve to supplement Plaintiff’s Responses to Defendants’ Request ar for Disclosures, Answers to Interrogatories, and Responses to Requests for Production propounded M to Plaintiff by a party inquiring as to expert witnesses. of e Discovery in this matter is still ongoing and Plaintiff reserves the right to supplement this ffic designation if further discovery reveals the need for additional testimony. yO op C ial fic of Un Supplemental Designation of Expert Witnesses Page 10 of 12 Respectfully submitted, ____________________ M. RAYMOND HATCHER State Bar No. 24002243 rhatcher@sloanfirm.com JOSEPH K. JONES k State Bar No. 24076466 ler jjones@sloanfirm.com SEAN A. KOCH tC State Bar No. 24104502 ric skoch@sloanfirm.com SLOAN HATCHER PERRY RUNGE ist ROBERTSON & SMITH