Motion for New Trial in Gannon Vs Breitinger Et Al| Trellis.Law

On May 22, 2017 a Motion,Ex Parte was filed involving a dispute between Sherry Gannon, and Abc Parterships, John Does, Mary Does, New Jersey Manufacturers Insur, Paul Breitinger, Xyz Corporations, for Auto Negligence-Personal Injury (Non-Verbal Threshold) in the District Court of Cape May County.

Preview
CPM-L-000223-17 06/25/2019 2:51:23 PM Pg 1 of 2 Trans ID: LCV20191112889

Julio Navarro, Esq. (ID# 22322012)
HOAGLAND, LONGO, MORAN, DUNST & DOUKAS, LLP
701 Wiltsey's Mill Road, Bldg. B, Suite 202
Hammonton, NJ 08037
(609) 561-2426
Attorneys for Defendant, New Jersey Manufacturers Insurance Company

Plaintiff, SUPERIOR COURT OF NEW JERSEY
CAPE MAY COUNTY
SHERRY GANNON LAW DIVISION

VS. DOCKET NO, CPM-L-000223-17

Defendant, CIVIL ACTION

NEW JERSEY MANUFACTURERS NOTICE OF MOTION TO EDIT DE
INSURANCE COMPANY, PAUL BENE ESSE TESTIMONY OF DR.
BREITINGER, ET AL. GLASS

TO:
Richard J. Albuquerque, Esq.
D'Arcy Johnson Day, P.C.
3120 Fire Road, Suite 100
Egg Harbor Township, NJ 08234

James Meissler, Esq.
Law Offices of Pamela D. Hargrove
Moorestown Corporate Center, 3rd Floor
224 Strawbridge Drive, Suite 350
Moorestown, NJ 08057

COUNSEL:

PLEASE TAKE NOTICE that the undersigned will apply to the above-named Court at the

Cape May County Courthouse, Cape May, New Jersey, on July 12, 2019, at 9:00 a.m., or as soon

HOAGLAND, LONGO,
thereafter as counsel may be heard, for an Order to edit the de bene esse testimony of Dr. Glass in
MORAN, DUNST &
DOUKAS, LLP
40 PATERSON STREET
the within cause of action. Please be advised that we shall rely upon the attached Brief of]
NEW BRUNSWICK, NJ

701 WILTSEY'S MILL ROAD counsel.
BLDG. st
HAMMONTON, NJ 08037
169 MAPLE AVENUE
PROOF OF MAILING
RED BANK, NJ 07701
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In compliance with Rule 1:6, et seq., the original of the within Notice of Motion has been

E-filed with the Motion's Clerk of Cape May County and copies have been served upon the

following via the E-Filing system, regular mail, or facsimile, if counsel or party does not

participate in E-Filing.

Richard J. Albuquerque, Esq. James Meissler, Esq.
D'Arcy Johnson Day, P.C. Law Offices of Pamela D. Hargrove
3120 Fire Road, Suite 100 Moorestown Corporate Center, 3rd Floor
Egg Harbor Township, NJ 08234 224 Strawbridge Drive, Suite 350
Attormney(s) for Plaintiff Moorestown, NJ 08057
Ms. Sherry Gannon Attorney(s) for Defendant
Mr. Paul Breitinger

| hereby certify that the foregoing statements made by me are true. | am aware that if any

of the foregoing statements made by me are willfully false, I am subject to punishment.

Pursuant to R. 1:6-2(e), the undersigned:

(_) waives oral argument and consents to disposition on the papers;

(xx) does not request oral argument unless opposition is filed;

( } requests oral argument.

There is presently a July 29, 2019 trial set for this matter.

A proposed form of Order is annexed.

HOAGLAND, LONGO, MORAN, DUNST & DOUKAS,
LLP

mo yeLL
HOAGLAND, LONGO,
MORAN, DUNST & Attorneys for Defendant, New Jersey Manufacturers
BOUKAS, LLP
Insurance Company
40 PATERSON STREET
NEW BRUNEINICK, Nd

701 WILTSEY’S MILL ROAD
BLDG. B, SUITE 202
HAMMONTON, NJ 08037
169 MAPLE AVENUE,
JULI [(AVARRO La
RED BANK, NU 07701 Dated: June 24, 2019
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Plaintiff, SUPERIOR COURT OF NEW JERSEY
CAPE MAY COUNTY
SHERRY GANNON LAW DIVISION

vs. DOCKET NO. CPM-L-000223-17

Defendant, CIVIL ACTION

NEW JERSEY MANUFACTURERS ORDER
INSURANCE COMPANY, PAUL
BREITINGER, ET AL.

THIS MATTER having been brought before the Court on Motion of Hoagland, Longo,

Moran, Dunst & Doukas, LLP, attorneys for Defendant, New Jersey Manufacturers Insurance

Company, for an Order to edit the de bene esse testimony of Dr. Glass in the within cause of

action, and the Court having reviewed the moving papers and for good cause shown;

IT IS ON THIS day of , 2019,
ORDERED that the following sections shall be removed from the video record of Dr.

Andrew Glass' trial testimony:

e All references to disc bulges in the lumbar spine;

All references to treatment related to disc bulges in the lumbar spine;

HOAGLAND, LONGO, All reference to treatment and injuries related to the cervical spine
MORAN, DUNST &
DOUKAS, LLP
40 PATERSON STREET 35:15-40:2,
NEW BRUNSWICK, NJ
08901
701 WILTSEY'S MILL ROAD 44:24-45:1,
BLDG. B, SUITE 202
HAMMONTON, NJ 08037
169 MAPLE AVENUE 46:19-21
RED BANK, NJ07701
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e 50:15 (after the word AND)-19

e 52:11 (after the word HOWEVER) -53:6

e 61:8 (after the word AND)-11

IT IS FURTHER ORDERED that a copy of the within Order shall be served upon all

counsel of record within seven (7) days of the date of service hereof.

JS.C.
Papers filed with the Court:
(_) Answering Papers
( ) Reply Papers

The within Notice of Motion was
( ) Opposed
(_) Unopposed

HOAGLAND, LONGO,
MORAN, DUNST &
DOUKAS, LLP
40 PATERSON STREET
NEW BRUNSWICK, NJ
08901
701 WILTSEY'S MILL ROAD
BLDG. B, SUITE 202
HAMMONTON, NJ 08037
169 MAPLE AVENUE
RED BANK, NJ07701
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SUPERIOR COURT OF NEW JERSEY
CAPE MAY COUNTY
LAW DIVISION
DOCKET NO. CPM-L-000223-17

Plaintiff,

SHERRY GANNON

VS.

Defendant,

NEW JERSEY | MANUFACTURERS
INSURANCE COMPANY, PAUL
BREITINGER, ET AL.

BRIEF IN SUPPORT OF DEFENDANT,
NEW JERSEY MANUFACTURERS INSURANCE COMPANY'S
MOTION FOR TO EDIT DE BENE ESSE TESTIMONY OF DR. GLASS

HOAGLAND, LONGO, MORAN,
DUNST & DOUKAS, LLP
Attorneys for Defendant,
New Jersey Manufacturers Insurance
Company
701 Wiltsey's Mill Road, Bldg. B, Suite 202
Hammonton, NJ 08037
(609) 561-2426
JULIO NAVARRO, ESQ
HOAGLAND, LONGO, On the Brief
MORAN, DUNST &
DOUKAS, LLP
SOPATERSON STREET
8901
701 WILTSEY'S MILL ROAD
BLDG. 202
HAMMONTON, NJ 06037
169 MAPLE AVENUE,
RED BANK, NJ 07704
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STATEMENT OF FACTS

This matter arises out of a motor vehicle accident that took place on April 25,

2015.

The de bene esse deposition of Dr. Glass was taken on May 21, 2019, See Exhibit

Dr. Glass issued a report dated January 17, 2018. See copy of report from Dr.

Glass attached as Exhibit B.

Dr. Glass treated plaintiff on 5 occasions - 8/3/16, 10/4/16, 11/29/16, 1/27/17,

5/17/17. See copy of treatment notes attached as Exhibit C.

HOAGLAND, LONGO,
MORAN, DUNST &
DOUKAS, LLP
40 PATERSON STREET
NEW BRUNSWICK, Nd

701 WILTSEY'S MILL ROAD
BLDG. B, SUITE 202
HAMMONTON, NJ 08037
169 MAPLE AVENUE
RED BANK, NJ07701
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LEGAL ARGUMENT

POINT I

DR. GLASS’ TESTIMONY REGARDING DISC OSTEOPHYTES IN THE CERVICAL
SPINE AND BULGE IN THE LUMBAR SPINE MUST BE BARRED WHERE HIS
OPINION REGARDING THE CAUSE OF SAME WAS NOT OFFERED WITHIN A
REASONABLE DEGREE OF MEDICAL PROBABILITY,

As Dr. Glass can only speculate that the disc osteophytes and bulges were caused by the

subject accident, the court must bar and edited out all mentions to injuries and treatment to the

neck and bulges to the lower back.

New Jersey Court have routinely emphasized that legal causation is a bedrock principle in
tort law:

One of the underlying principles of tort law is that “an actor's conduct must not only be
tortious in character but it must also be a legal cause of the invasion of another's interest."
It follows from that principle that the issue of a defendant's liability cannot be presented to
the jury simply because there is some evidence of negligence. "There must be evidence or
reasonable inferences therefrom showing a proximate causal relation between defendant's
negligence, if found by the jury," and the resulting injury.

Similarly, Prosser and Keeton on the Law of Torts states that

[t]he plaintiff must introduce evidence which affords a reasonable basis for the conclusion
that it is more likely than not that the conduct of the defendant was a cause in fact of the
result. A mere possibility of such causation is not enough; and when the matter remains
one of pure speculation or conjecture, or the probabilities are at best evenly balanced, it
becomes the duty of the court to direct a verdict for the defendant.

Davidson v. Slater, 189 N.J. 166, 185, 914 A.2d 282, 293 (2007) (Internal citations
HOAGLAND, LONGO, omitted)
MORAN, DUNST a

40 PATERSON STREET
NEW BRUNSWICK,NU
98901
701 WILTSEY'S MILL ROAD In the unpublished case of Karpuzi the Appellate court found that Dr. Glass’ “testimony
BLDG. 202
HAMMONTON, NJ 08037
169 MAPLE AVENUE that the injury ‘was either caused or rendered symptomatic by the accident” was “at best,
RED BANK, NJ 07701
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speculation.” Karpuzi v. Gallo, No, A-4281-14T3, 2017 N.J. Super. Unpub. LEXIS 590, at *23-

24 (Super. Ct. App. Div. Mar. 8, 2017).

Dr. Glass has provided the same speculative opinion in this matter as it refers to the disc

osteophytes and bulges.

During his direct Dr. Glass found that plaintiff suffered the following injuries as a result of

the subject accident: disc osteophytes at C3-4, C4-5, C5-6 and C6-7, along with herniations and

bulges at L3-4, L4-5 and L5-S1. See Exhibit A at 30:17-22 AND 47:3-48:18.

On cross-examination, the following exchange took place between Dr. Glass and the

undersigned:

Q: So can you say within a reasonable degree of medical probability that those
disk osteophyte complexes were caused as a result of this accident
A: They were either caused by or rendered symptomatic by the result of the
trauma

Later on he also provided the following testimony:

Q: Now, you indicated that there were bulges at L3-4 — that there were some
bulges on the films, correct
A: True
Q: --Lower back. Can you say within a reasonable degree of medical
probability that those bulges were caused by the accident.
A: They were either caused by or rendered symptomatic by the accident

ExhibitA, at 57:12-17 AND 59:7-15

As is clear from the passage above, Dr. Glass could not offer any testimony within a

reasonable degree of medical probability that Plaintiff sustained disc bulges and/or disc

osteophytes as a result of the subject accident. Instead, he testified that they were “either caused
HOAGLAND, LONGO,
MORAN, DUNST &
DOUKAS, LLP
by or rendered symptomatic by” the subject accident. As noted above:
40 PATERSON STREET
NEY BRUNSWICK, NI
[t]he plaintiff must introduce evidence which affords a reasonable basis for the
701 WILTSEY'S MILL ROAD
BLDG. B, SUITE 202 conclusion that it is more likely than not that the conduct of the defendant was a
NJ 08037
cause in fact of the result. A mere possibility of such causation is not enough;
169 MAPLE AVENUE
RED BANK, NJ07701 and when the matter remains one of pure speculation or conjecture, or the
CPM-L-000223-17 06/25/2019 2:51:23 PM Pg 5 of 8 Trans ID: LCV20191112889

probabilities are at best evenly balanced, it becomes the duty of the court to
direct a verdict for the defendant.

[W. Page Keeton et. al., Prosser & Keeton on the Law of Torts, § 41, at 269 (Sth

ed. 1984) (Prosser & Keeton)(emphasis added)]

[id. at 284, 798 A.2d 67.]”

Davidson vy. Slater, 189 N.J. 166, 185 (2007)

Dr. Glass’ opinion indicates an “either or” theory of causation which cannot satisfy the

basic element of proximate cause under New Jersey Tort Law. As such, all testimony referencing

Plaintiff's disc bulges in the lower back and all testimony relating to the treatment of same must

be stricken. Similarly, all testimony relating to the injuries or treatment of the cervical spine must

be barred and edited out as disc osteophytes are the only injury in the cervical spine for which Dr.

Glass conducted an objective test.

To allow such speculative testimony from Dr. Glass would severely prejudice Defendant

and would constitute reversible error according to the case law above.

Relevant testimony: 15:15-24, 20:2-23:25, 25:19-30:24, 35:18, 38:10-11, 40:11-13, 41:8-20,
45:7-11, 47:4-17, 48:2-3, 56:21-57:22, 59:4-17, 60:5-10

HOAGLAND, LONGO,
MORAN, DUNST &
DOUKAS, LLP
40 PATERSON STREET
NEW BRUNSWICK, NJ
8901
701 WILTSEY’S MILL ROAD.
BLDG. 8, SUITE 202
HAMMONTON, NJ 08037
169 MAPLE AVENUE
RED BANK, NJ 07701
CPM-L-000223-17 06/25/2019 2:51:23 PM Pg 6 of 8 Trans ID: LCV20191112889

POINT I

THE DE BENE ESSE OF DR. GLASS SHOULD BE EDITED AS FOLLOWS:

Relevant testimony: 35:15-40:2, 44:24-45:1, 46:19-21

Expert medical testimony with respect to future probable treatment is admissible if the

expert's answers are within a reasonable degree of medical probability or certainty. Coll v.

Sherry, 29 N.I. 166, 174-175 (N.J. 1959). It is also well settled that an expert's testimony at trial

may be limited to opinions expressed within the expert's report provided as part of discovery.

Conrad v. Robbi, 341 N.J. Super. 424, 440-41, 775 A.2d 562 (App. Div.), certif. denied, 170 N.J

210, 785 A.2d 438 (2001). In the matter at bar, Dr. Glass has indicated that Plaintiff was

counseled on the possible need for future spinal intervention. Dr. Glass’ reports and treatment

notes are attached hereto as Exhibit “B” and “C”, Importantly, nowhere in Dr. Glass’ reports or

notes does he indicate within a reasonable degree of medical probability that surgery will be

performed to the Plaintiff's neck or low back. Further, nowhere in his reports or notes does Dr.

Glass provide any specificity with regard to what form the possible surgery might take. In the

absence of testimony or opinion by Dr. Glass that Plaintiff will undergo surgery to the neck or

low back within a reasonable degree of medical probability, it is respectfully submitted that this

testimony must be stricken.

HOAGLAND, LONGO,
MORAN, DUNST &
Relevant testimony: 50:15 (after the word AND)-19
40 PATERSON STREET
NEW BRUNSWICK, NJ
‘98801
The doctor was asked a simple yes or no question. He answered the question first by
701 WILTSEY'S MILL ROAD
BLDG. B, SUITE 202
HAMMONTON, NJ 08037
giving a YES. Then he proceeded to provide non-responsive information. If plaintiff's counsel
169 MAPLE AVENUE
RED BANK, NJ07701
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wanted to get this information out they could have asked it on re-direct. The doctor is attempting

to add additional information by providing unresponsive answers to a simple yes or no question.

A proper objection was placed on the record to provide plaintiff's counsel an opportunity to ask

whatever questions they wanted on re-direct.

Accordingly, the non-responsive portion of the doctor’s response should be edited out.

Relevant testimony: 52:11 (after the word HOWEVER) -53:6

Again, the doctor was asked a simple question about the records from his office. He tries

to provide unresponsive information to the question that was asked.

Accordingly, the non-responsive portion of the doctor’s response should be edited out.

Relevant testimony: 61:8 (after the word AND)-11

The doctor has sought to inject the issue that his fees are not in the high end for testifying

experts. He has not laid a foundation to indicate that he has expertise in this area. There was no

foundation on the record regarding how he arrived at this conclusion. Same should be barred.

HOAGLAND, LONGO,
MORAN, DUNST &
DOUKAS, LLP
40 PATERSON STREET
NEW BRUNSWICK, No

701 WILTSEY'S MILL ROAD
BLDG. B, SUITE 202
HAMMONTON, NJ 08037
169 MAPLE AVENUE
RED BANK, NJ 07701
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CONCLUSION
For all of the foregoing reasons, it is respectfully requested that Defendant, New Jersey

Manufacturers Insurance Company's Motion for an order to edit the de bene esse of Dr. Glass be

granted.

Respectfully submitted,

HOAGLAND, LONGO, MORAN,
DUNST & DOUKAS, LLP
Attorneys for Defendant, New Jersey Manufacturers
Insurance Company

B
J iO NAVARRO nN
Dated: June 24, 2019

HOAGLAND, LONGO,
MORAN, DUNST&
BOUKAS, LLP
49 PATERSON STREET
NEW BRUNSWICK, NJ
988
701 WILTSEY'S MILL ROAD
BLDG. B, SUITE 2
HAMMONTON, NU 08037
169 MAPLE AVENUE
RED BANK, NJO7701
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EXHIBIT A
CPM-L-000223-17 06/25/2019 2:51:23 PM Pg 2 of 64 Trans ID: LCV20191112889

ANDREW S. GLASS, M.D.

Page 1 T: Page 3
SUPERIOR COURT OF NEW JERSEY
LAW DIVISION - CAPE MAY COUNTY INDEX
WITNES: PAGE
ANDREW S. GLASS, M.D.
SHERRY GANNON : DOCKET NO, CPML-223-17
By Ms. Prinz 35, 60
Plaintiff By Mr, Navarro 49

PAUL BRED’ EXHIBITS
‘NEW JERSEY MANUFACTURERS NO. PAGE
INSURANCE COMPANY,
JOHN DOES, MARY 10 (NONE MARKED AT THIS TIME)
ABC PARTNERSHIPS, and
XYZ CORPORATIONS, juintiy,: a1
severally
and inthe 12
13
Defendants 14
15
Videotaped deposition of ANDREW 8. 16
GLASS, MD., tmken pursuant to notice, at the Offices 17
18
of Coastal Physicians, 110 Harbor Lane, Somers Point, 19
20
New Jersey, om Tuesday, May 21, 2019, commeneing at 21
or abont $:42 p.n., before Patricia A. Lipski, RPR, 22
23
CCR, New Jersey, Notary Public. 24
25

Page 2 Page 4
1
DARCY JOHNSON DAY DEPOSITION SUPPORT INDEX
BY: KELLI A. PRINZ, ESQUIRE
ALBUQUERQUE, ESQUIRE
3120 Fire Road Direction to the Witness Not to Answer
‘Suite 100 PAGE
Egg Harbor Township,
Now Jersey
NONE
(c09)641.6200
Counsel
for Plainsitt
HOAGLAND LONGO Request for Production of Documents
BY: JULIO NAVARRO, ESQUIRE PAGE LINE
1 Wiltsey’sMill Re
‘BuildingB, NONE
New Jersey 08037 10
(09) 581-2424
10 lenge.com 11 Request for Question or Answer Marked
(Counselfor Defendant, 12 PAGE LINE
a ‘New Jersey Manufacturers insurance
13 NONE
12 14
LAW OFFICES of PAMELA D. HARGROVE
413 28: JOHNA, DINGLE, ESQUIRE 45
a4 ‘Moorestown, New jersey OB057 16
(B56) 642-2911 17
15 18
Conmet for
16 ‘Paul Breitinger 19

A
VW 20
18
19 21
20 22
21
22 CX-AGREE~-22
23 24
2a
25 25

1 (Pages 1 to 4)
ZANARAS REPORTING & VIDEO
1.877.G0.DEPOS
CPM-L-000223-17 06/25/2019 2:51:23 PM Pg 3 of 64 Trans ID: LCV20191112889

ANDREW S. GLASS, M.D.
Page 5 Page 7
VIDEO TECHNICIAN: Today is May 21, Medicine in New York.
2019. This is the videotape deposition of Dr. Andrew I graduated Alpha Omega Alpha which
Glass. Going on the record, the time is 5:42 p.m, is the honor society to the top ten percent
Appearance of counsel will be noted graduating medical school class,
on the transcript. Jn 1987 1 completed a general
‘Would the court reporter please surgical internship, also at Mt. Sinai Medical
swear
in the doctor? Cente and then
r, from 1987 through 1992 I completed 2
COURT REPORTER: Doctor, raise your neurosurgery residency training program at Mount
right hand, please? Sinai Medical Center.
10 Do you swear the testimony you're 10 Q. Doctor, are you licensed to practice
11 about to give in this matter will be the truth, the 11 medicine in the State of New Jersey?
12 whole truth, and nothing but the truth? 12 A. Of course, yes.
13 THE WITNESS; Yes. 13
14 Q And how long have you been licensed?
14 A Since 1991.
15 ANDREW GLASS, M.D., having been duly 15 Q. Are you board certified?
16 Sworn, was examined and testified as follows: 16 A. Yes.
17 17 a Can you tell our jury what it means
18 VIDEO TECHNICIAN: Thank you. You 18 to be board certified?
13 may proceed. 19 A. So after you complete an accredited
20 BY MS. PRINZ: 20 residency training program and are licensed in a
2i Q. Good afternoon, Doctor. 21
22 particular state, you can practice in that state,
A Hi. 22
23 There is, however, a voluntary honor
Q. Wouid you please introduce yourself 23 that you can choose to pursue called board
24 to the ladies and gentlemen of the jury?
25
24 certification,
A. Myname is Dr. Andrew
Soott Glass. 25 And there's an organization
called

Page 6 Page 8
Q. And what kind of a doctor are you? the American Board of Neurological Surgeons. It
A, Tim a neurosurgeon or neurological consists of professors and chairmans and they
surgeon. evaluate doctors in practice.
Q , Now, for those members of the jury ‘That evaiuationhas evolved over the
that may not be familiar with what type of doctor years, My evaluation was very lengthy, and it took
that is and what you do on a regular basis, could you multiple years to complete. It involved extensive
share with the jury what it means to he a written examinations. I then had to fly across the
neurosurgeon? country to do oral examinations, | then had to
A. So neurosurgery or neurological submit an entire year's worth of surgical care and
10 surgery is a type of surgical subspecialty. We deal 10 surgical outcomes, and ] completed that process in
11 with disorders of the nervous system, which includes 11 1994, and since that time have been a diplomat of the
12 the brain, the spine, and the nerves of the body, and 12 American Board of Neurological Surgeons or board
13 in particular we deal with those types of disorders 13 certified,
14 that can at one time or another require surgery as 14 Q = Are you affiliated with or do you
15 Part of their care, 15 have any privileges with any hospitals?
16 My area of subspecialization is the 16 A. Yes, I'm currently an attending
17 spine itself. 17 physician
at Shore Medical Center,
18 Q. = Thank you. 18 Q. Tell us what your typical day is
19 And could you share with usa little 19 like?
20 Dit about your educational and professional 20 A Tm a practicing treating
21 background? 21 neurosurgeon. That means I spend my time taking care
22 A. Certainly. I completed my bachelor 22 of patients.
23 of science at City College of New York in 1984, 23 I work anywhere from four and a half
24 graduating magna cum laude. 1 jeted my medical 24 to seven days a week. I take call every other night
25 degree or M.D, in 1986 at Mount Sinai School of j 25 and every other weekend for my practice.

2 (Pages 5 to 8)
ZANARAS REPORTING & VIDEO
1.877.GO.DEPOS
CPM-L-000223-17 06/25/2019 2:51:23 PM Pg 4 of 64 Trans ID: LCV20191112889

ANDREW S. GLASS, M.D.

mae 9 | Page 11
have -- we have offices here in 1
| 9, 2016 car crash,
Somers Point at Coastal Physicians and Surgeons, I'm MR. NAVARRO: No objection,
an attending physician at Shore Medical Center where | BY MS. PRINZ:
1 do consultations, see patients in the hospital or
the emergency room, admit patients, perform | Q. Doctor, are you familiar with the
Jegal standard a reasonable degree of medical
surgeries. certainty?
Talso perform some of my surgeries A, Tam, yes.
at our local surgery center as well. In a typical Q. As we go through the questions today
week Til see anywhere between seventy-five and and you offer your opinion, any opinions you share
10 ninety patients in the office over two or three 10 with the jury, could you please keep them to that
1 office days, and in # typical week I'll perform 11 standard, Doctor?
12 anywhere between two and eight spinal surgeries. 12 A. Of course, absolutely.
13 Q. Doctor, do you only see patients who 13 Q. Thank you.
have suffered trauma, such as patients who have been 14 Now, I see you have your office file
in a car accident? 15 with you here today. Please fee! freeto use thatto
16 A. No, absolutely not. 16 tefresh your memory.
17 Q. So what percentage of your patients 17 A. Ofcourse.
18 are those that have suffered a trauma, like something 18 Q. Now, when did Sherry first come
19 irom a car accident versus some other cause? 19 under your care?
20 A. I think about fifty percent are from 20 A. Her initial evaluation wes August 3,
21 injuries and fifty percent are not. 21 2016.
22 Q. Now, as a board certified 22 Q. Can you tell us what her complaints
23 neurosurgeon can you tell the jury how you would go 23 ‘were at that time?
24 about diagnosing a patient's problems? 24 A. At the time of that evaluation
she
25 A. Well, the process involves first 25 was 41-yoars old. She reported being involved ina

Page 10 Page 12
taking « history of their cuttent problem, a past motor vehicle accident February 9, 2016. She was a
history of all their other medical issues, a review driver. She was wearing her seatbelt, and the
of any type of radiology studies that are available, vehicle was struck on the driver's side near the
a review of any medical records that are available, a door,
physical examination and a neurological examination, She was brought in by emergency
‘We then form an opinion about what medical services, meaning by ambulance to Shore
the patient's problems are, make recommendations for Medical Center. She was evaluated in the emergency
additional testing or treatment, and discuss the room there, She was also seen by Dr. Stephen
options with the patients and come up with a plan, Zabinski for orthopedic evaluation.
10 Q. And once you've identifieda 10 Following the accident she
11 particular problem with a patient, what types of 12 complained of neck pain radiating down her trapezius,
12 options can you offer to treat that patient? 12 scapular, and left upper extremity to her elbow.
13 A. Well, typically they fall into two 13 So basically the trapezius is this
14 categories, nonsurgical and surgical, and obviously 14a ‘triangular or diamond-shaped muscle on the side of
15 there are multiple options within each category. 15 the neck, The scapular is the medical term for the
16 Q. Now, Doctor, we're here today to 16 shoulder blade area, and then the pain was radiating
17 ‘because your patient Sherry Gannon was injured in a 17 down her arm to her elbow region,
18 car crash on February 9, 2016, 18 She reported numbness and
19 Did you treat Sherry for the 19 paresthesias in her left arm. Numbness refers to
20 injuries she sustained in the crash? 20 Joss of sensation. Paresthesias is the medical term
21 A. I did, yes, 21 for that pins and needles type of nerve sensation
22 MS. PRINZ: At this point I would 22 that I believe most people have experienced at one
23 offer Dr. Andrew Glass as an expert witness in 23 time or anather.
24 neurasurgery relative
to his treatment of Sherry 24 She also described having left-sided
25 Gannon for the injuries she sustained in the February 25 Jow back pain radiating down to her left buttock, and

3 (Pages 9 to 12)
ZANARAS REPORTING & VIDEO
1.877.GO.DEPOS
CPM-L-000223-17 06/25/2019 2:51:23 PM Pg 5 of 64 Trans ID: LCV20191112889

ANDREW S. GLASS, M.D.
Page 13 Page 15
she reported experiencing weakness, numbness, and There are some other minor objective
again paresthesias
in her left leg. findings beyond that, but those are the three major
She was taking Naproxen, which is an
antiinflammatory analgesic pain medicine
pain, and she was taking Flex
for her So the first partis the physical
foreril
her muscle exam where you're actually evaluating
on an
Spasms. examination basis both
the neck and the lower back,
Q. Now, we discussed your process for So first ] examined the patient's
diagnosing a patient's problems. cervical spine or neck, and J probably should
At this time did you take Sherry’s interject at this point in time because I'll do it
10 history? 10 quite often, any time I use the word cervical, that's
ll A. I did. So she reported that she did ii referring to the spine in the neck specifically. And
12 have a spinal

Case Info

Judge

James H Pickering Jr Track Judge’s New Case

Case No.

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Document Filed Date

June 25, 2019

Case Filing Date

May 22, 2017

County

Parties

Abc Parterships Defendant
Abc Parterships Defendant
James Patrick Meissler Attorney for the Defendant
John Does Defendant
Julio Navarro Attorney for the Defendant
Mary Does Defendant
New Jersey Manufacturers Insur Defendant
Paul Breitinger Defendant
Richard John Albuquerque Attorney for the Plaintiff
Sherry Gannon Plaintiff
Xyz Corporations Defendant
Xyz Corporations Defendant
MELISSA BISHOP Attorney
JAMES BIRCHMEIER Attorney
RACHEL VICARI Attorney

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Motion,Ex Parte: Gannon Vs Breitinger Et Al

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