On July 31, 2015 a
Stipulation,Agreement
was filed
involving a dispute between
Yunk, Jonah Allen,
and
Team Industrial Services, Inc.,
Wickstead, Steven William,
for Injury/Damage - Motor Vehicle
in the District Court of Galveston County.
Preview
—
15—CV-0790
DCAGOR
Agreed Onder
1242481
ll | MM
NO. 15-CV-0790
JONAH ALLEN YUNK IN THE DISTRICT corn
ast
—
vs. GALVESTON COUNTY, tEKAS
is £
we
STEVEN WILLIAM WICKSTEAD § 4057 JUDICIAL DISTRI
ORDER ON AGREED MOTION FOR
INDEPENDENT MEDICAL EXAMINATION BY DARRYL CUDA, M.D.
BE IT REMEMBERED that on this day came on to be considered the Agreed
Motion for Independent Orthopedic Examination by Defendants of the Plaintiff,
JONAH ALLEN YUNK (“Plaintiff”), by DARRYL CUDA, M.D., (“Dr. Cuda”), in the
above entitled and numbered cause, and the Court being informed that this Motion for
Independent Examination by Dr. Cuda was agreed upon by Defendants, and further,
that Plaintiff's counsel does not oppose Defendants’ STEVEN WILLIAM WICKSTEAD
and TEAM INDUSTRIAL SERVICES, INC., right for an Independent Medical
Examination, the Court is therefore of the opinion that said Motion should be granted.
It is, therefore,
ORDERED, ADJUDGED and DECREED that the Independent Orthopedic
Examination shall be performed by Dr. Cuda, at the Bay Oaks Orthopaedics & Sports
Medicine, 1051 Pineloch Drive, Suite 100, Houston, TX 77062, on Friday July 8, 2016,
to
at 11:00 a.m., a date agreed upon by the parties herein, and he shall not refer Plaintiff
any other doctor for evaluation during this examination. The opinions expressed by Dr.
ORDER -PAGE1
or
Cuda shall be based upon his examination alone and not that of any other doctor
physician.
ORDERED, ADJUDGED and DECREED that Dr. Cuda shall, within twenty-one
(21) days of his respective examination, provide a detailed, written narrative report
reflecting all of his opinions, conclusions and findings. If Dr. Cuda shall fail to produce
as
a written report within such time-frame then Dr. Cuda shall not be allowed to testify
an expert witness in this matter. It is further;
ORDERED, ADJUDGED AND DECREED that the Defendants shall provide to
Dr. Cuda all prior medical records which have been obtained through discovery to
avoid the necessity of Dr. Cuda taking a detailed past history concerning the event
made the basis of this suit as this may be taken from the history provided in the medical
records. However, the doctor shall be allowed to take a history concerning what the
Plaintiff's symptomatology has been since the date of the accident. It is further;
ORDERED, ADJUDGED and DECREED that the cost for this examination and.
for providing reports is to be paid by the Defendants. It is further;
ORDERED, ADJUDGED and DECREED that this Independent Medical
Examination is being performed on behalf of the Defendants and shall be considered an
Independent Medical Examination of the Plaintiff. It is further
ORDERED, ADJUDGED and DECREED that a copy of this order will be
provided to Dr. Cuda prior to the examination.
ORDER - PAGE 2
IT ISSO ORDERED.
SIGNED this > day of June 2016.
JUDGE PRESIDING
AGREED:
/s/Alton C. Todd (by permission - L. Subar)
Alton C. Todd
TBA 20092000
The Law Firm of Alton C. Todd
312 S. Friendswood Drive
Friendswood, Texas 77546
281.992.8633
281.648.8633 Facsimile No.
alton@actlaw.com
ATTORNEY FOR PLAINTIFF
/s/Lorin M. Subar
Lorin M. Subar
ATTORNEY FOR DEFENDANTS
ORDER — PAGE3
Document Filed Date
June 21, 2016
Case Filing Date
July 31, 2015
Category
Injury/Damage - Motor Vehicle
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— 15—CV-0790 DCAGOR Agreed Onder 1242481 ll | MM NO. 15-CV-0790 JONAH ALLEN YUNK IN THE DISTRICT corn ast — vs. GALVESTON COUNTY, tEKAS is £ we STEVEN WILLIAM WICKSTEAD § 4057 JUDICIAL DISTRI ORDER ON AGREED MOTION FOR INDEPENDENT MEDICAL EXAMINATION BY DARRYL CUDA, M.D. BE IT REMEMBERED that on this day came on to be considered the Agreed Motion for Independent Orthopedic Examination by Defendants of the Plaintiff, JONAH ALLEN YUNK (“Plaintiff”), by DARRYL CUDA, M.D., (“Dr. Cuda”), in the above entitled and numbered cause, and the Court being informed that this Motion for Independent Examination by Dr. Cuda was agreed upon by Defendants, and further, that Plaintiff's counsel does not oppose Defendants’ STEVEN WILLIAM WICKSTEAD and TEAM INDUSTRIAL SERVICES, INC., right for an Independent Medical Examination, the Court is therefore of the opinion that said Motion should be granted. It is, therefore, ORDERED, ADJUDGED and DECREED that the Independent Orthopedic Examination shall be performed by Dr. Cuda, at the Bay Oaks Orthopaedics & Sports Medicine, 1051 Pineloch Drive, Suite 100, Houston, TX 77062, on Friday July 8, 2016, to at 11:00 a.m., a date agreed upon by the parties herein, and he shall not refer Plaintiff any other doctor for evaluation during this examination. The opinions expressed by Dr. ORDER -PAGE1 or Cuda shall be based upon his examination alone and not that of any other doctor physician. ORDERED, ADJUDGED and DECREED that Dr. Cuda shall, within twenty-one (21) days of his respective examination, provide a detailed, written narrative report reflecting all of his opinions, conclusions and findings. If Dr. Cuda shall fail to produce as a written report within such time-frame then Dr. Cuda shall not be allowed to testify an expert witness in this matter. It is further; ORDERED, ADJUDGED AND DECREED that the Defendants shall provide to Dr. Cuda all prior medical records which have been obtained through discovery to avoid the necessity of Dr. Cuda taking a detailed past history concerning the event made the basis of this suit as this may be taken from the history provided in the medical records. However, the doctor shall be allowed to take a history concerning what the Plaintiff's symptomatology has been since the date of the accident. It is further; ORDERED, ADJUDGED and DECREED that the cost for this examination and. for providing reports is to be paid by the Defendants. It is further; ORDERED, ADJUDGED and DECREED that this Independent Medical Examination is being performed on behalf of the Defendants and shall be considered an Independent Medical Examination of the Plaintiff. It is further ORDERED, ADJUDGED and DECREED that a copy of this order will be provided to Dr. Cuda prior to the examination. ORDER - PAGE 2 IT ISSO ORDERED. SIGNED this > day of June 2016. JUDGE PRESIDING AGREED: /s/Alton C. Todd (by permission - L. Subar) Alton C. Todd TBA 20092000 The Law Firm of Alton C. Todd 312 S. Friendswood Drive Friendswood, Texas 77546 281.992.8633 281.648.8633 Facsimile No. alton@actlaw.com ATTORNEY FOR PLAINTIFF /s/Lorin M. Subar Lorin M. Subar ATTORNEY FOR DEFENDANTS ORDER — PAGE3