Motion for Expert Witness List in MARKEETHA JOHNSON, et al vs. LOGAN ROBINSON| Trellis.Law

On February 15, 2021 a PLTF/DESIGNATION OF EXPERT WITNESS - DESIGNATION OF EXPERT WITNESS(ES) was filed involving a dispute between Johnson, Markeetha, Ocampo, Anthonio, and Robinson, Logan, for MOTOR VEHICLE ACCIDENT in the District Court of Dallas County.

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FILED
3/7/2022 4:31 PM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Kellie Juricek DEPUTY

CAUSE NO. DC-21-02006

MARKEETHA JOHNSON and § IN THE DISTRICT COURT
ANTHONIO OCAMPO §
§
V. § OF DALLAS COUNTY, TEXAS
§
LOGAN ROBINSON § DISTRICT COURT
PLAINTIFF’S EXPERT WITNESS DESIGNATION
TO: Defendant, Logan Robinson, through his attorney of record, Stacy Thompson, Perry Law,
PC, 10440 North Central Expressway, Suite 600, Dallas, Texas 75231.

Pursuant to Texas Rule of Civil Procedure 195.5(a), Plaintiff provides the following Expert

Witness Designation.

Respectfully submitted,

Mc ay Law, PLLC

1ndsey ay
State Bar No. 24064154
lindsey@mckaylawtx.com
430 Church Street
Sulphur Springs, Texas 75482
Telephone: (214) 440—3930
Facsimile: (214) 272-2162

ATTORNEY FOR PLAINTIFF
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing document has been
forwarded on March 7, 2022 Via the method indicated to all counsel of record, as set forth below:

Certiﬁed Mail Hand Delivery

U.S. Mail Express Mail

Electronic Mail Fax

X E-File/ E-Serve

Lindsey Mcléy/

Stacy Thompson
Perry Law, PC
10440 North Central Expressway, Suite 600
Dallas, Texas 75231
EXPERT WITNESS DESIGNATION

a) Disclosures. Without awaiting a discovery request, a party must provide the following for
any testifying expert:

1. The expert’s name, address, and telephone number;
2. The subject matter on which the expert will testify;
3. The general substance of the expert’s mental impressions and opinions 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 the responding party, documents reﬂecting such
information;
4. If the expert is retained by, employed by, or otherwise subject to the control of the
responding party:
A. All documents, tangible things, reports, models, or data compilations that
have been provided to, reviewed by, or prepared by or for the expert in
anticipation of the expert’s testimony
B. The expert’s current resume and bibliography;
C. The expert’s qualiﬁcations, including a list of all publications authored in
the previous 10 years;
D. Except when the expert is the responding party’s attorney and is testifying
to attorney fees, a list of all other cases in which, during the previous four
years, the expert testiﬁes as an expert at trial or by deposition; and
E. A statement of the compensation to be paid for the expert’s study and
testimony in the case.

RESPONSE:

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(1))
The following person(s), or the 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
following information is provided in accordance with Texas Rule of Civil Procedure 195.5(a).

Although these witnesses have not been speciﬁcally retained as expert witnesses by
Plaintiff, and while Plaintiff cannot vouch for the expertise or credibility of such witnesses at this
time, it is believed that they may have knowledge, training or expertise which may qualify them
as experts. Accordingly, Plaintiff will designate these witnesses as persons who may be called
upon to give testimony that would be considered expert testimony.

I. NON-RETAINED MEDICAL EXPERTS.
The following healthcare providers, and/or the custodian of their records, may testify
regarding the injuries sustained by Plaintiff in the incident made the subject of this suit, her medical
diagnosis, prognosis and the reasonable and necessary cost of hospital, doctor and medical bills
for treatment of her injuries in the past and in the future.

Please refer to the healthcare providers’ records for their mental impressions, opinions,
conclusions, and the factual basis for each opinion.

I.1. Identity of Non-Retained Medical Experts.

The names of the non-retained, non-controlled medical experts and their addresses and
telephone numbers are as follows:

THE FOLLOWING INDIVIDUALS AND ENTITIES AND THEIR CURRENT AND
FORMER OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SERVANTS,
PHYSICIANS, NURSES, PARAMEDICS, EMTs, ATTENDANTS, STAFF,
HEALTHCARE PROVIDERS, AND CUSTODIANS OF RECORDS:
City Hospital Emergency Care Center
9440 Poppy Drive
Dallas, Texas 7521 8
Plaintiﬂ’s medical provider

Memorial MRI
1360 W Campbell Road, Suite 122
Richardson, Texas 75080
Plaintiﬂ’s medical provider

Dr. Sumit Katyal
12201 Merit Drive, Suite 300
Dallas, Texas 75251
Plaintiﬁ’is medical provider

Oaklawn Pharmacy
4003 Lemmon Avenue
Dallas, Texas 75219-73 89
Plaintiff’s medical provider
1.2. Subject Matters of Non-Retained Medical Experts.

The subject matters on which said non-retained, non-controlled medical experts will testify
are as follows:

a. the existence, nature and/or extent of the injuries sustained by Plaintiff;

b. the examination and treatment of the injuries sustained by Plaintiff;

c. pre-existing injuries to and/or pre-existing medical conditions of Plaintiff;

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d. the type, purpose, extent, results, evaluations and/or interpretations of examinations,
treatments, X-rays and tests regarding Plaintiff;

e. recommendations, diagnosis and prognosis with regard to the injuries of Plaintiff;

f. the existence, nature and/ or extent of the disabilities and/or incapacities of Plaintiff in the
past, and the reasonable probability and extent of the disabilities and/or incapacities which
Plaintiff may suffer from in the future;

g. the cause and/or causes of Plaintiffs condition(s), injuries, disabilities and/or capacities;

h. medical care and treatment and medications that have been required by Plaintiff in the past
for the treatment of the injuries allegedly sustained by her in the subject incident and for
rehabilitation from such injuries;

i. medical care and treatment and medications that Will be required by Plaintiff in the future,
if any, for the treatment of the injuries allegedly sustained by her in the subject incident
and for rehabilitation from such injuries;

j. the reasonableness and the necessity of the medical services and medical care and
medications rendered to Plaintiff in the past, and that she will in reasonable probability
receive in the future, for the injuries sustained by her in the subject incident; and

k. all those subject matters contained, discussed or disclosed in:

i. the medical records of Plaintiff which have been and which may hereafter be
produced in this cause;

ii. 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;

iii. 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

iv. 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 for
all purposes.

1.3. Impressions and Opinions of Non-Retained Medical Experts.

The general substance of said non-retained/non-controlled medical experts’ mental
impressions and opinions are expected to be, and a brief summary of the basis for them are, as
follows:

a. the nature, extent and severity of Plaintiff’s alleged injuries, incapacities, and disabilities;
b. Plaintiff’s injuries, incapacities, and/or disabilities are the result in Whole or in part of the
injuries received by Plaintiff and made the subject of this suit;

c. the medical care and treatment rendered to Plaintiff was reasonable and/or necessary;

d. the subject incident did, based on reasonable medical probability, cause all of the
complaints, disabilities, injuries, and/or incapacities of Plaintiff;

e. that any surgical intervention for treatment of Plaintiff’s symptoms was necessitated and
proximately caused by the incident made the subject of this lawsuit;

f. that the medical expenses of Plaintiff were necessitated by the incident which is the subject
of this lawsuit; and

g. all other impressions and/or opinions that are contained, discussed, and/or disclosed in the
following:

i. the medical records of Plaintiff which have been and which may hereafter be
produced in this cause;

ii. the medical records afﬁdavits and medical billing afﬁdavits which have been served
and which may hereafter be served in this cause and all exhibits thereto;

iii. 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

iv. 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 for
all purposes.

I.4. Brief Summary of Basis for Impressions and Opinions.

The basis for the foregoing impressions and opinions of the above named and/or designated
expert witnesses are all of the facts shown by and/or contained in:

a. All of the medical records of Plaintiff produced in this cause;
b. All depositions taken and hereafter taken in this cause, either by written questions or orally,
and all exhibits thereto;

c. The expert reports, if any, herein above expressly referred to;
d. All witness statements which may be produced in this cause;
e. All of the photographs and Videotape recordings produced in this cause;
f. The Responses to Requests For Disclosure, Responses to Requests For Production,
Answers to Interrogatories, and the Amendments and Supplements thereto which have
been served by each of the parties in this cause of action;

g. The Pleadings on ﬁle in this cause of action; and

h. All documents and tangible things produced in this cause.
All of which records, reports, documents, depositions, photographs and Videotape
recordings are incorporated herein by reference and made a part hereof for all purposes as if set
out at length herein.

II. NON-RETAINED PEACE OFFICER EXPERT(S).
The following peace ofﬁcer, and/or the custodian of his/ her records, may testify regarding
the facts of the wreck made the subject matter of this case, the causation of the wreck, and
statements made by the persons involved in the wreck, or Witnesses thereto. Please refer to the
Texas Peace Ofﬁcer’s Crash Report and his/ her oral deposition for her mental impressions,
opinions, conclusions, and the factual basis for each opinion.

II.1. Identity of Non-Retained Peace Ofﬁcer(s).
The names of the non-retained/non-controlled Peace Ofﬁcer experts and their addresses
and telephone numbers are as follows:

Ofﬁcer G. Garcia #1085
Dallas County Sheriff’s Ofﬁce
Its current and former executive director, ofﬁcers, troopers, Rangers, investigators, detectives,
employees, and custodian(s) of records
133 N. Riverfront Boulevard, Suite 31
Dallas, Texas 75207
Investigating Oﬂicer

11.2. Subject Matters of Non-Retained Peace Ofﬁcer.

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;

c. the results of his/ her accident investigation/recreation of the wreck;

d. the facts obtained during his/ her investigation of this wreck;

e. any observations made by him/ her at the scene of the wreck or during the course of his/
her investigation;
f. the substance of any witness statements taken during the course of his/ her investigation;

g. any analysis of the vehicles involved in this collision; and

h. all those subject matters contained, discussed or disclosed in:

i. the Texas Peace Ofﬁcer’s Report of the wreck made the subject of this suit;

ii. the depositions taken in this cause, orally and on written questions;

iii. all written reports produced during the course of discovery in this cause;

iv. all accident reports created by any governmental agency and all attachments
thereto;

all pictures taken of the wreck, the vehicles involved in the wreck, or the injuries
received in the wreck, including all photographs produced during the course of
discovery in this cause;

vi. all statements produced during the course of discovery in this cause;

vii. any deposition testimony given in this cause by any of the above designated
individuals or any individual who also investigated this wreck but who is not
speciﬁcally identiﬁed above.

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 Peace Ofﬁcer.

The general substance of said non-retained / non-controlled Peace Ofﬁcer expert mental
impressions and opinions are expected to be, and a brief summary of the basis for them are, as
follows:

a. the facts of the wreck made the subject of this suit;

b. the identity of the drivers involved in the wreck made the subject of this suit;

the causative factors regarding the wreck made the subject of this suit;

the extent of the damage to the vehicles involved in the wreck made the subject of this suit;

the trafﬁc conditions, terrain, and weather conditions at the time of the wreck made the
subject of this suit; and

all other impressions and opinions that are contained, discussed or disclosed in:

i. the Texas Peace Ofﬁcer’s Crash Report of the wreck made the subject of this suit;
ii. the depositions taken in this cause, orally and on written questions;

iii. all written reports produced during the course of discovery in this cause;

iV. all accident reports created by any governmental agency and all attachments
thereto;

V. any and all pictures taken of the wreck, the vehicles involved in the wreck, or the
injuries received in the wreck, including all photographs produced during the
course of discovery in this cause;

vi. all statements produced during the course of discovery in this cause; and

vii. any deposition testimony given in this cause by any of the above designated
individuals or any individual who also investigated this wreck but who is not
speciﬁcally identiﬁed above.

All of which documents are incorporated herein by reference as though set out at length
for all purposes.

II.4. Brief Summary of Basis for Impressions and Opinions.

The basis for the foregoing impressions and opinions of the above named and/or designated
expert witness are all of the facts shown by and/or contained in:

a. the Peace Ofﬁcer’s investigation of the wreck including the scene of the wreck;

b. the vehicles involved;

c. the statements of the drivers and passengers in the vehicles;

d. statements of witnesses to the wreck;

e. emergency medical care rendered to the parties;

f. the Peace Ofﬁcer’s report and notes pertaining to the wreck made the subject of this suit;

g. all depositions taken and hereafter taken in this cause, either by written questions or orally,
and all exhibits thereto;

h. the expert reports herein above expressly referred to;

i. all witness statements which may be produced in this cause;

j. all of the photographs and videotape recordings produced in this cause or obtained by the
designated individuals during the course of their investigation;

k. the Responses to Requests for Disclosure, Responses to Requests for Production, Answers
to Interrogatories, and the Amendments and Supplements thereto which have been served

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by each of the panics to this cause;

1. the Pleadings on ﬁle in this cause;

m. all documents and tangible things produced in this cause;

n. all depositions taken and hereafter taken in this cause, either by written questions or orally,
and all exhibits thereto;

o. all accident reports created by any governmental agency and all attachments thereto; and

p. the knowledge and experience of the investigating ofﬁcer along with any specialized
training received by him/her and his/ her observations, deductions and calculations
performed during his/ her investigation of this wreck.

All of which
records, reports, documents, depositions, photographs and videotape
recordings are incorporated herein by reference and made a part hereof for all purposes as if set
out at length herein.

III. ADDITIONAL DISCLOSURES.
Plaintiff also incorporates herein by reference all depositions; depositions on written
questions; documents and exhibits attached to or referenced in all 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 incorporated herein.

Plaintiff further refers the Defendant to Plaintiff” s retained and non-retained experts’ ﬁles,
reports and supplemental reports; written discovery responses of all parties; pleadings of all
parties; depositions and exhibits thereto; medical and billing records; rebuttal opinions; factual
observations and opinions.

Plaintiff further reserves the right through cross-examination or deposition, to call any
expert witness identiﬁed herein by the Defendant.

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
Rules of Civil Procedure.

Plaintiff reserves all additional rights that Plaintiff may have regarding expert witnesses
and testimony under the Texas Rules of Civil Procedure, case law and rulings of this Honorable
Court.

Plaintiff reserves the right to elicit expert opinion from any of the designated fact witnesses
within any area as to which such person has expertise.

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Automated Certificate of eService
This automated certificate of service was created by the efiling system.
The filer served this document via email generated by the efiling system
on the date and to the persons listed below. The rules governing
certificates of service have not changed. Filers must still provide a
certificate of service that complies with all applicable rules.

Phillip Foster on behalf of Lindsey Mckay
Bar No. 24064154
phillip@mckaylawtx.com
Envelope ID: 62374215
Status as of 3/8/2022 10:16 AM CST
Associated Case Party: MARKEETHA JOHNSON

Name BarN um ber Email TimestampSubmitted Status

Phillip Foster phillip@mckaylawtx.com 3/7/2022 4:31 :01 PM SENT
Lindsey McKay lindsey@mckaylawtx.com 3/7/2022 4:31:01 PM SENT
Chris Norris chris@mckaylawtx.com 3/7/2022 4:31:01 PM SENT
Christopher Norris 24044962 Chris@CBNFamilyLaw.com 3/7/2022 4:31:01 PM SENT

Associated Case Party: LOGAN ROBINSON

Name BarNumber Email TimestampSubmitted Status
Michelle Smith msmith@mperrylaw.com 3/7/2022 4:31:01 PM SENT
Meloney Perry mperry@mperrylaw.com 3/7/2022 4:31:01 PM SENT
Brooke Bailey bbailey@mperrylaw.com 3/7/2022 4:31:01 PM SENT

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PURDY, MONICA Track Judge’s New Case

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Document Filed Date

March 07, 2022

Case Filing Date

February 15, 2021

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