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CAUSE NO. DCV-280964
LYNNETTE J. POPE IN THE DISTRICT COURT
Plaintiff,
JUDICIAL DISTRICT
GATOR TRANSPORTATION &
LOGISTICS, LLC
Defendant FORT BENDCOUNTY, TEXAS
DEFENDANT GATOR TRANSPORTATION & LOGISTICS, LLC ’S
EXPERT DESIGNATION AND DISCLOSURE
TO: Plaintiff, LYNNETTE J. POPE, by and through her counsel of record Thomas Brown with
THE BROWN LAW FIRM, LLLP, Three Riverway, Suite 1775 Houston, Texas 77056.
Pursuant to Tex. R. Civ. P. 194.3 and 195.5, Defendant, GATOR TRANSPORTATION &
LOGISTICS, LLC, serves the following Expert Designation and Disclosure.
Respectfully submitted,
OYEN EBESTA OELMA
By: /s/ Scot G. Doyen
Scot G. Doyen
State Bar No. 00792982
sdoyen@ds-lawyers.com
James R. Dickey
State Bar No. 24120135
jdickey@ds-lawyers.com
4 CityNorth
16945 Northchase Drive, Suite 1400
Houston, Texas 77060
(713) 580-8900
(713) 580-8910 (Facsimile)
ATTORNEY FOR DEFENDANT
GATOR TRANSPORTATION &
LOGISTICS, LLC
CERTIFICATE OF SERVICE
This is to certify that a true and correct copy of the foregoing has been forwarded to all
counsel of record via electronic service and/or facsimile on this the th day of June
Thomas K. Brown
tom@brownfirm.net
Dustin T. Sullivan
dustin@brownfirm.net
Three Riverway, Suite 1775
Houston, TX 77056
(713)
Facsimile)
ATTORNEYS FOR PLAINTIFF
LYNNETTE J. POPE
/s/ Scot G. Doyen
Scot G. Doyen
Defendant Gator Transportation & Logistics, LLC’s
Expert Designation and Disclosures Pope, Lynnette Page of
DEFENDANT GATOR TRANSPORTATION & LOGISTICS, LLC’S
EXPERT DESIGNATION AND DISCLOSURE
195.5(a) Expert Disclosure:
(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, 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; and
(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
testified 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.
Orthopedics expert:
(1) Brian T. Hardy, MD, MBA
Texas Orthopedics
4700 Seton Center Parkway, Suite 200
Austin, Texas 78759
Phone:
(2) & (3)If necessary, Hardy will provide opinions as to Plaintiff’s medical condition
before and after the accident made the basis of this lawsuit, Plaintiff’s complaints before
and after the accident made the basis of this lawsuit, the extent of Plaintiff’s medical
treatment following this accident, the reasonableness and necessity of medical treatment
received by the Plaintiff, Plaintiff’s prognosis, interpretation of diagnostic tests and/or
studies, Plaintiff’s failure to mitigate her damages, if any. Dr. Hardy is expected to testify
in a manner consistent with those opinions that will be detailed in his report Dr. Hardy’s
specific methodologies, opinions, qualifications, and documents reviewed and relied upon
will be more fully outlined in h deposition.
(4)(A) Hardy has been provided Plaintiff’s medical records received from
Plaintiff’s counsel for CHI St. Luke’s Health, Hand & Wrist Center of Houston, Ben
Taub General Hospital, Pin Oak Medical Clinic of Katy, River Oaks Physical Therapy,
Defendant Gator Transportation & Logistics, LLC’s
Expert Designation and Disclosures Pope, Lynnette Page of
Total Health Solutions and Orthopedic Group e will review any additional medical
records related to the accident or testimony provided by Plaintiff and base pinions
on all provided data as well as knowledge, skill, experience and expertise in
orthopedics to give h opinion on Plaintiff’s Diagnosis, Prognosis and future Treatment
see Dr. Hardy’s report attached at Exhibit A
(B) Please see CV produced herein with , Exhibit A.
(C) Please see Dr. Hardy’s CV produced herein.
(D) Will supplement, if any.
(E) Hardy compensation for this case is $ and after that $
per hour.
Medicalexpert:
(1) Cody D. Mead, DO, FAAFP, CLCP
Post Office Box 162370
Austin, Texas 78716
Phone:
(2) & (3)If necessary, Dr. Mead will provide opinions as to Plaintiff’s medical condition
after the accident made the basis of this lawsuit, Plaintiff’s complaints after the accident
made the basis of this lawsuit, the extent of Plaintiff’s medical treatment following this
accident, the reasonableness and necessity of medical treatment received by the Plaintiff,
Plaintiff’s prognosis, interpretation of diagnostic tests and/or studies, Plaintiff’s failure
to mitigate her damages, if any. Dr. Mead is expected to testify in a manner consistent
with those opinions that will be detailed in hisreport Dr. Mead ’s specific methodologies,
opinions, qualifications, and documents reviewed and relied upon will be more fully
outlined in h deposition.
(4)(A) Dr. Mead has been provided Plaintiff’s medical records received from Plaintiff’s
counsel for CHI St. Luke’s Health, Hand & Wrist Center of Houston, Ben Taub General
Hospital, Pin Oak Medical Clinic of Katy, River Oaks Physical Therapy, Total Health
Solutions and Orthopedic Group e will review any additional medical records relate
to the accident or testimony provided by Plaintiff and base h opinions on all provided
data as well as h knowledge, skill, experience and expertise in Medicine to give h
opinion on Plaintiff’s Diagnosis, Prognosis and future Treatment, see Dr. Mead’s report
attached at Exhibit B
(B) Please see CV produced herein with , Exhibit
(C) Will supplement, if any.
(D) Will supplement, if any.
Defendant Gator Transportation & Logistics, LLC’s
Expert Designation and Disclosures Pope, Lynnette Page of
(E) Dr. Mead compensation for this case is $ .00 and after that $1,500
per hour.
CROSSDESIGNATION
Defendant cross designates and states that Defendant may call any expert identified or
designated by Plaintiff to elicit expert opinions subject to any objections Defendant makes
concerning the designation of such experts and the admissibility of their opinions. Defendant does
not vouch for the credentials or credibility of any other party’s expert witness, nor by this
designation does Defendant intend to adopt the opinions set forth in the reports, if any, generated
by any other party’sexpert witness.
In the event that a present or future party designates an expert but then is dismissed for any
reason from this suit or fails to call any designated expert, Defendant reserves the right to designate
and/or call any such expert designated by any party. Although Defendant may or may not agree
with their opinions and may or may not agree with the qualifications as an expert witness,
Defendant retains the right to call as an expert witness, any and all experts as may hereinafter be
designated by Plaintiff.
ADDITIONAL RESERVATIONS
Defendant further reserves the right to call any of the following witnesses or experts who
may have knowledge of relevant facts:
a) Any witness or expert which has been or will be named by any other party in any
answer to an Interrogatory, even if the party which designated the witness or expert
is no longer a party to the lawsuit at the time of trial;
b) Any witness or expert whose name appears on any documents which has been or will
be produced by any party in anyresponse to Requests for Production;
Defendant Gator Transportation & Logistics, LLC’s
Expert Designation and Disclosures Pope, Lynnette Page of
c) Any witness or expert whose name is reflected in any documents which has been or
will be obtained through the use of medical authorizations;
d) Any witness or expert whose name is reflected in any document which has been or
will be submitted to the Court by Affidavit;
e) Any witness or expert whose name is reflected in any document which has been or
will be subpoenaed by any party;
Any witness or expert whose name appears in the transcripts of any deposition taken
in this matter; and
g) Any witness or expert whose name is reflected in any document which has been or
will be attached to the transcript of any deposition.
Descriptions provided below the expert’s name above are not intended to be an exhaustive
list of the areas to be addressed by the expert. Rather, this information is being furnished to provide
opposing counsel with an indication of the general areas that the expert will address and to provide
guidance on the types of information or materials that the expert has or will review in connection
with his work.
Defendant reserves the right to withdraw the designation of any expert and to aver
positively that any such previously designated expert will not be called as a witness at trial, and to
redesignate same as consulting expert, who cannot be called by opposing counsel.
Defendant reserves the right to call rebuttal witnesses who are not designated and whose
testimony cannot be reasonably foreseen until the presentation of the evidence against Defendant.
Please consider this designation a supplementation of all discovery requests seeking
information regarding Defendant’s expert witnesses or persons with knowledge of relevant facts
Defendant Gator Transportation & Logistics, LLC’s
Expert Designation and Disclosures Pope, Lynnette Page of
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CAUSE NO. DCV-280964 LYNNETTE J. POPE IN THE DISTRICT COURT Plaintiff, JUDICIAL DISTRICT GATOR TRANSPORTATION & LOGISTICS, LLC Defendant FORT BENDCOUNTY, TEXAS DEFENDANT GATOR TRANSPORTATION & LOGISTICS, LLC ’S EXPERT DESIGNATION AND DISCLOSURE TO: Plaintiff, LYNNETTE J. POPE, by and through her counsel of record Thomas Brown with THE BROWN LAW FIRM, LLLP, Three Riverway, Suite 1775 Houston, Texas 77056. Pursuant to Tex. R. Civ. P. 194.3 and 195.5, Defendant, GATOR TRANSPORTATION & LOGISTICS, LLC, serves the following Expert Designation and Disclosure. Respectfully submitted, OYEN EBESTA OELMA By: /s/ Scot G. Doyen Scot G. Doyen State Bar No. 00792982 sdoyen@ds-lawyers.com James R. Dickey State Bar No. 24120135 jdickey@ds-lawyers.com 4 CityNorth 16945 Northchase Drive, Suite 1400 Houston, Texas 77060 (713) 580-8900 (713) 580-8910 (Facsimile) ATTORNEY FOR DEFENDANT GATOR TRANSPORTATION & LOGISTICS, LLC CERTIFICATE OF SERVICE This is to certify that a true and correct copy of the foregoing has been forwarded to all counsel of record via electronic service and/or facsimile on this the th day of June Thomas K. Brown tom@brownfirm.net Dustin T. Sullivan dustin@brownfirm.net Three Riverway, Suite 1775 Houston, TX 77056 (713) Facsimile) ATTORNEYS FOR PLAINTIFF LYNNETTE J. POPE /s/ Scot G. Doyen Scot G. Doyen Defendant Gator Transportation & Logistics, LLC’s Expert Designation and Disclosures Pope, Lynnette Page of DEFENDANT GATOR TRANSPORTATION & LOGISTICS, LLC’S EXPERT DESIGNATION AND DISCLOSURE 195.5(a) Expert Disclosure: (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, 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; and (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 testified 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. Orthopedics expert: (1) Brian T. Hardy, MD, MBA Texas Orthopedics 4700 Seton Center Parkway, Suite 200 Austin, Texas 78759 Phone: (2) & (3)If necessary, Hardy will provide opinions as to Plaintiff’s medical condition before and after the accident made the basis of this lawsuit, Plaintiff’s complaints before and after the accident made the basis of this lawsuit, the extent of Plaintiff’s medical treatment following this accident, the reasonableness and necessity of medical treatment received by the Plaintiff, Plaintiff’s prognosis, interpretation of diagnostic tests and/or studies, Plaintiff’s failure to mitigate her damages, if any. Dr. Hardy is expected to testify in a manner consistent with those opinions that will be detailed in his report Dr. Hardy’s specific methodologies, opinions, qualifications, and documents reviewed and relied upon will be more fully outlined in h deposition. (4)(A) Hardy has been provided Plaintiff’s medical records received from Plaintiff’s counsel for CHI St. Luke’s Health, Hand & Wrist Center of Houston, Ben Taub General Hospital, Pin Oak Medical Clinic of Katy, River Oaks Physical Therapy, Defendant Gator Transportation & Logistics, LLC’s Expert Designation and Disclosures Pope, Lynnette Page of Total Health Solutions and Orthopedic Group e will review any additional medical records related to the accident or testimony provided by Plaintiff and base pinions on all provided data as well as knowledge, skill, experience and expertise in orthopedics to give h opinion on Plaintiff’s Diagnosis, Prognosis and future Treatment see Dr. Hardy’s report attached at Exhibit A (B) Please see CV produced herein with , Exhibit A. (C) Please see Dr. Hardy’s CV produced herein. (D) Will supplement, if any. (E) Hardy compensation for this case is $ and after that $ per hour. Medicalexpert: (1) Cody D. Mead, DO, FAAFP, CLCP Post Office Box 162370 Austin, Texas 78716 Phone: (2) & (3)If necessary, Dr. Mead will provide opinions as to Plaintiff’s medical condition after the accident made the basis of this lawsuit, Plaintiff’s complaints after the accident made the basis of this lawsuit, the extent of Plaintiff’s medical treatment following this accident, the reasonableness and necessity of medical treatment received by the Plaintiff, Plaintiff’s prognosis, interpretation of diagnostic tests and/or studies, Plaintiff’s failure to mitigate her damages, if any. Dr. Mead is expected to testify in a manner consistent with those opinions that will be detailed in hisreport Dr. Mead ’s specific methodologies, opinions, qualifications, and documents reviewed and relied upon will be more fully outlined in h deposition. (4)(A) Dr. Mead has been provided Plaintiff’s medical records received from Plaintiff’s counsel for CHI St. Luke’s Health, Hand & Wrist Center of Houston, Ben Taub General Hospital, Pin Oak Medical Clinic of Katy, River Oaks Physical Therapy, Total Health Solutions and Orthopedic Group e will review any additional medical records relate to the accident or testimony provided by Plaintiff and base h opinions on all provided data as well as h knowledge, skill, experience and expertise in Medicine to give h opinion on Plaintiff’s Diagnosis, Prognosis and future Treatment, see Dr. Mead’s report attached at Exhibit B (B) Please see CV produced herein with , Exhibit (C) Will supplement, if any. (D) Will supplement, if any. Defendant Gator Transportation & Logistics, LLC’s Expert Designation and Disclosures Pope, Lynnette Page of (E) Dr. Mead compensation for this case is $ .00 and after that $1,500 per hour. CROSSDESIGNATION Defendant cross designates and states that Defendant may call any expert identified or designated by Plaintiff to elicit expert opinions subject to any objections Defendant makes concerning the designation of such experts and the admissibility of their opinions. Defendant does not vouch for the credentials or credibility of any other party’s expert witness, nor by this designation does Defendant intend to adopt the opinions set forth in the reports, if any, generated by any other party’sexpert witness. In the event that a present or future party designates an expert but then is dismissed for any reason from this suit or fails to call any designated expert, Defendant reserves the right to designate and/or call any such expert designated by any party. Although Defendant may or may not agree with their opinions and may or may not agree with the qualifications as an expert witness, Defendant retains the right to call as an expert witness, any and all experts as may hereinafter be designated by Plaintiff. ADDITIONAL RESERVATIONS Defendant further reserves the right to call any of the following witnesses or experts who may have knowledge of relevant facts: a) Any witness or expert which has been or will be named by any other party in any answer to an Interrogatory, even if the party which designated the witness or expert is no longer a party to the lawsuit at the time of trial; b) Any witness or expert whose name appears on any documents which has been or will be produced by any party in anyresponse to Requests for Production; Defendant Gator Transportation & Logistics, LLC’s Expert Designation and Disclosures Pope, Lynnette Page of c) Any witness or expert whose name is reflected in any documents which has been or will be obtained through the use of medical authorizations; d) Any witness or expert whose name is reflected in any document which has been or will be submitted to the Court by Affidavit; e) Any witness or expert whose name is reflected in any document which has been or will be subpoenaed by any party; Any witness or expert whose name appears in the transcripts of any deposition taken in this matter; and g) Any witness or expert whose name is reflected in any document which has been or will be attached to the transcript of any deposition. Descriptions provided below the expert’s name above are not intended to be an exhaustive list of the areas to be addressed by the expert. Rather, this information is being furnished to provide opposing counsel with an indication of the general areas that the expert will address and to provide guidance on the types of information or materials that the expert has or will review in connection with his work. Defendant reserves the right to withdraw the designation of any expert and to aver positively that any such previously designated expert will not be called as a witness at trial, and to redesignate same as consulting expert, who cannot be called by opposing counsel. Defendant reserves the right to call rebuttal witnesses who are not designated and whose testimony cannot be reasonably foreseen until the presentation of the evidence against Defendant. Please consider this designation a supplementation of all discovery requests seeking information regarding Defendant’s expert witnesses or persons with knowledge of relevant facts Defendant Gator Transportation & Logistics, LLC’s Expert Designation and Disclosures Pope, Lynnette Page of