Motion for Expert Witness List in Chanette Violet Diaz vs. Progressive County Mutual Insurance Company| Trellis.Law

On October 19, 2022 a Plaintiff's Supp Disclosures and Expert Witness Designation - Designation of Witness was filed involving a dispute between Diaz, Chanette Violet, and Progressive County Mutual Insurance Company, for Injury/Damage - Motor Vehicle in the District Court of Galveston County.

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Filed: 8/4/2023 11:21 AM
JOHN D. KINARD - District Clerk
Galveston County, Texas
Envelope No. 78211778
By: Lisa Kelly
8/4/2023 11:28 AM
CAUSE NO. 22-CV-2049

CHANETTE DIAZ s IN THE DISTRICT COURT OF
$
VS $ GALVESTON COUNTY, TEXAS
s
PROGRESSIVE COUNTY MUTUAL $
INSURANCE COMPANY $ 56TH JUDICIAL DISTRICT

PLAINTIFF'S SUPPLEMENTAL DISCLOSURES
AND EXPERT DE,SIGNATION

COMES NOW Plaintiff Chanette Diaz and files this, her Supplemental Disclosures and

Expert Witness Designation and designates the following persons as expert witnesses who might

be called by Plaintiff to testify at the time of trial in this case:

Plaintiff incorporates herein by reference Plaintiffs Responses to Required Initial

Disclosures (and all amendments and supplements thereto) together with all other discovery

responses previously served on Defendant and designates her expert witnesses as follows:

RETAINED EXPERTS

I. RETAINED ATTORNEY'S FEES EXPERTS. The following expert may testiff
regarding the reasonable and necessary attorney's fees incurred in this litigation against
Defendant Progressive County Mutual Insurance Company.

Carson R. Runge
SLoAN, HATCHER, PERRY,
RLTNGE, RossRrsoN & Stutrn
101 E. Whaley St.
Longview, TX 75601
Telephone: (903) 757-7000

I.1 Subject Matters of Retained Attorney's Fees Expert. The subject matters on which
said retained, controlled experts will testiff are as follows:

a. the time and labor required, the novelty and difficulty of the questions
involved, and the skills required to perform the legal services properly;
b. the likelihood that acceptance of the particular employment precluded
other employment by said experts;

Plaintiff s Supp. Disclosures and Designation of Expert Witnesses Page 1 of10
c. the fee customarily charged in the locality for similar legal services;
d. the amounts involved and the expected results obtained;
e. the nature and length of the professional relationship with the client;
f. the experience, reputation, and ability of the lawyers performing the
services;
(} whether the fee is fixed or contingent on results obtained or uncertainty of
collection before the legal services have been rendered;
h. the nature and character of the services provided, concerning the particular
claims and parties for which the fees are recoverable;
i. whether the professional services were reasonably necessary; and
j. the nature andlor extent of the reasonable value of the services rendered.

I.2 Impressions and Opinions of Retained Attorney's Fees Expert. The general substance
of said retained attorney's fees' mental impressions and opinions are expected to be, and a brief
summary of the basis for them are, as follows:

a. Mr. Runge and Associate Attorney Savannah Rand have litigated this case
on behalf of Plaintiff as lead counsel for over ten months at the time of this
filing, and they expect that they will have spent over 200 hours on this
case by the conclusion of trial. This does not include time spent litigating
issues against the third party, who has akeady settled their claims. Because
the third-party defendant settled their claims with Plaintiff so quickly,
almost all of the litigation expenses and attorney's fees in this case will be
attributable to litigation exclusively against Defendant Progressive. The
issues in this case are moderately complex because there are various
theories of liability and multiple areas of the law involved. Litigating a
case of this nature requires significant litigation experience and an
advanced understanding of personal injury law.
b Acceptance of this case certainly precluded other emplo5rment by Mr.
Runge and Ms. Rand. Time spent working on this case has significantly
precluded their ability to accept employment on other cases that they likely
would have taken.
c. The amount charged by said experts for their services, 5500.00 per hour by
Partner Carson Runge and $300.00 per hour by Associate Attomey
Savannah Rand, is customary for experts with similar experience, training,
education, competency, and skill as Mr. Runge and Ms. Rand.
d. Mr. Runge and Ms. Rand have known Plaintiff since the initiation of this
litigation and have developed a sustaining professional relationship with
them.
e. The CV of said expert is attached bearing Bates stamp DIAZ 282. lt is
hereby incorporated by reference as if stated fully herein.
f. Said expert provided and/or will provide Plaintiff with professional legal
services to include filing their claim, conducting extensive discovery,
litigating various motions, preparing for trial, prosecuting their claims in
trial, collecting proceeds from settlements andlor a judgment, and
appellate services (if necessary).

Plaintiff s Supp. Disclosures and Designation of Expert Witnesses Page 2 of10
(' The legal services provided were all reasonable and necessary.
b'
h. The reasonable value of the services rendered in this litigation.

I.3 Brief Summary of Basis for Impressions and Opinions. The basis for the foregoing
impressions and opinions of the above named andlor designated expert witnesses are their skills,
knowledge, experience, training, education, familiarity with the customary standards, and all of
the facts shown by and/or contained in:

a. All depositions taken and hereafter taken in this cause, either by written
questions or orally, and all exhibits thereto;
b. The expert reports, if any, herein above expressly referred to;
c. All witness statements that may be produced in this cause;
d. All of the photographs and videotape recordings produced in this cause;
e. The Responses to Plaintiffs Required Initial Disclosures, 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;
f. The pleadings on file in this cause of action; and
o
E. All documents and tangible things produced in this cause.

Plaintiff will periodically supplement in accordance with the Texas Rules.

NON. D EXPERTS:

Plaintiffs Physicians and Other Persons with Knowledge of Relevant
Facts That May Qualify as Experts but Have Not Been Specially Retained
(Fact Experts - Tnx. R. Ctv. P.194.2(f))

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 testifuing experts by Plaintiff and the
following 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
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 qualiSr 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.

II. NON.RETAINED MEDICAL EXPERTS

The following healthcare providers, and/or the custodian of their records, may testif,i
regarding the injuries sustained by Plaintiff in the incident made the subject of this suit, their
medical diagnosis, prognosis and the reasonable and necessary cost of hospital, doctor and
medical bills for treatment of Plaintifls injuries in the past and in the future.

Plaintiff s Supp. Discloswes and Designation of Expert Witnesses Page 3 of10
Please refer to the healthcare providers' records for their mental impressions, opinions,
conclusions, and the factual basis for each opinion.

il.l. 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:

Walker CountyEMS
Brandy Lynch, Custodian of Records
1619 State Highway 30 E
Huntsville, TX77320
Plaintiff Chanette Violet Diaz' healthcare provider,

Huntsville Memorial Hospital
Sheila Dagenhart, Custodian of Records
P. O. Box 4001
Huntsville, Texas 77342-400I
P laintiff Chanette Viol et Diaz' healthcar e pr ovider,

Houston Methodist Clear Lake Hospital
AmyE. Anguia, Custodian of Records
18300 St. Houston Methodist Dr.
Houston, TX 77058
Plaifiiff Chanette trliolet Diaz' healthcare provider

Houston Radiology Associated
Rachel Gutierrez, Custodian of Records
P.O. Box 4613
Houston, TX772I0 4613 -
Plaintiff Chanette Violet Diaz' healthcare provider.

Kirby Emergency Physicians
Margaret Smith, Custodian of Records
P.O. Box 650998
Dallas, T){75265-0998
Plaintiff Chanette Violet Diaz' healthcare provider,

Hughes Chiropractic & Wellness Center
Dr. Tim Hughes, D.C., Custodian of Records
1501 N. Amburn Rd., Suite 2
Texas City, TX 77591
Plaintiff Chanette Violet Diaz' healthcare provider

HEB Pharmacy#697
Nathalie Cabrera, Custodian of Records

Plaintiff s Supp. Disclosures and Designation of Expert Witnesses Page 4 of 10
2755E. League City Pkwy
League City, TX 77573
Plaintiff Chanette Violet Diaz' pharmacy

One Step Diagnostic - Bay Colony
TyaraHarris, Custodian of Records
FM 646 W, Ste. B
Dickinson, T){77539
P lainti.ff Chanette Viol et Diaz' he althc ar e provider.

11.2. Subject Matters of Non-Retained Medical Experts.

The subject matters on which said non-retained, non-controlled medical experts will
testi$r 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 andlor pre-existing medical conditions of Plaintiff;

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 andlor extent of the disabilities andlor incapacities of
Plaintiff in the past, and the reasonable probability and extent of the disabilities
andlor incapacities which Plaintiff may suffer from in the future;

(}
b. the cause andlor 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 Plaintiff in the
subject incident and for rehabilitation from such injuries;

medical care and treatment and medications that will be required by Plaintiff tn
the future, if any, for the treatment of the injuries allegedly sustained by Plaintiff
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 Plaintiff will in reasonable
probability receive in the future, for the injuries sustained by Plaintiff in the
subject incident; and

Plaintiff s Supp. Disclosures and Designation of Expert Witnesses Page 5 of10
k. all those subject matters contained, discussed or disclosed in

(1) the medical records of Plaintiff which have been and which may hereafter
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;

(3) the depositions on written questions of Plaintiffs 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 for
all purposes.

II.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 Plaintiffs alleged injuries, incapacities, and
disabilities;

b. Plaintiffs injuries, incapacities, and/or disabilities, including, but not limited to,
head injury and pain, neck injury and pain, and back injury and pain, are the
result in whole or in part of the injuries received by Plaintiff and made the subject
of this suit;

c. the medical carc 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, di sabilities, injuri es, and/or incapacities of Plaintiff;

that any surgical intervention for treatment of Plaintiffs symptoms were
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

Plaintiff s Supp. Discloswes and Designation of Expert Witnesses Page 6 of 10
(}
b. all other impressions and/or opinions that are contained, discussed, and/or
disclosed in the following:

(l) the medical records of Plaintiff which have been and which may hereafter
be produced in this cause;

(2) the medical records affidavits and medical billing affrdavits which have
been served and which may hereafter be served in this cause and all
exhibits thereto;

(3) the depositions on written questions of Plaintiffs 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.

Al1 of said documents are incorporated herein by reference as though set out at length for
all purposes.

1I.4. Brief Summary of Basis for Impressions and Opinions.

The basis for the foregoing impressions and opinions of the above named andlor
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;

(} 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 apart hereof for all purposes as if set

Plaintiff s Supp. Disclosures and Designation of Expert Witnesses Page 7 of 10
out at length herein.

NON.RETAINED EXPERTS. OTHER THAN MEDICAL EXPERTS:

Officer Jared Bryant #147 04
Department of Public Safety, State of Texas
Its current/former chief, officers, investigators, detectives, employees, and custodian(s) of records
125 East I lth Street
Austin, T){7870l-2483
Investigating Officer

The officers are expected to testiff regarding their investigation of the subject incident,
the cause of the subject incident (including contributing factors) and the statements made by the
parties to the lawsuit.

III. ADDITIONAL DISCI,OSI]RES
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 andlor discovery. Any opinions and bases for
opinions discussed in deposition(s) are incorporated herein.

Plaintiff further refers Defendant to her retained and non-retained experts' files, reports
and supplemental reports; initial and supplemental disclosures; pleadings of all parties; discovery
of all parties; depositions and exhibits thereto; medical and billing records; rebuttal opinions,
factual observations, opinions, deposition testimony and/or trial testimony and deposition
exhibits of non-retained experts.

Plaintiff fuither 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 she may have with regard to 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.

Plaintiff s Supp. Discloswes and Designation of Expert Witnesses Page 8 of 10
To the extent necessary, this expert designation should be considered a supplement to any
outstanding or future discovery requests served on Plaintiff.

This designation shall serve to supplement Plaintiff s disclosures, including fact witness
designations, answers to interrogatories, pretrial disclosures, expert witness designations, and
responses to requests for production propounded to Plaintiff by any parfy inquiring as to expert
witnesses.

Discovery in this matter is still ongoing and Plaintiff reserves the right to supplement this
designation if further discovery reveals the need for additional testimony.

This designation shall serve to supplement Plaintiffs Responses to Required Initial
Disclosures, including the identification of individuals likely to have discoverable information
regarding Plaintiffs claims or defenses, Answers to Interrogatories, and Responses to Requests
for Production propounded to Plaintiff by any party inquiring as to expert witnesses.

DATED this l$day of Augu st 2022

Respectfully submitted,
SroRN H,A.rcHeR PBRRy
Rm,rcpRognRrsoN

R. RUNGE
State Bar No.24059262
crunge@sloanfirm.com
SAVANNAH M. RAND
State Bar No.24121694
srand@sloanfirm.com
101 East Whaley Street
Post Office Drawer 2909
Longview, Texas 75606
Telephone: (903) 7 57 -7 000
Facsimile: (903) 7 57 -7 57 4
ATTORNEYS FOR PLAINTIFF

Plaintiff s Supp. Disclosures and Designation of Expert Witnesses Page 9 of10
CERTIFICATE OF SERVICE

I
hereby certiff that a true and correct copy of the foregoing document has been
forwarded via efile in accordance with the Texas Rules of Civil Procedure on this jg day of
August 2023, to the following attorneys of record:

Kimberly N. Blum
Meynier, Liber, Matte, Hofland, & Del Valle
2707 North Loop West, Suite 100
Houston, TX 77008
HoustonHC @pro gressive. com

ArroRNsv Fon DSFpIIDANT PnocnsssrvE CoUNTY
Muruer INsunaNce CoNapANv

AH RAND

Plaintiff s Supp. Disclosures and Designation of Expert Witnesses Page 10 of 10
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.

Donna Rountree on behalf of Carson Runge
Bar No. 24059262
drountree@sloanfirm.com
Envelope ID: 78211778
Filing Code Description: Designation of Witness
Filing Description: Plaintiff's Supp Disclosures and Expert Witness
Designation
Status as of 8/4/2023 11:28 AM CST

Associated Case Party: ChanetteVioletDiaz

Name BarNumber Email TimestampSubmitted Status

Carson R.Runge crunge@sloanfirm.com 8/4/2023 11:21:16 AM SENT

Milton Raymond Hatcher 24002243 rhatcher@sloanfirm.com 8/4/2023 11:21:16 AM SENT

Savannah M.Rand srand@sloanfirm.com 8/4/2023 11:21:16 AM SENT

Sloan Firm houstonservice@sloanfirm.com 8/4/2023 11:21:16 AM SENT

Ana Rangel arangel@sloanfirm.com 8/4/2023 11:21:16 AM SENT

Holly E.Dyer hdyer@sloanfirm.com 8/4/2023 11:21:16 AM SENT

Associated Case Party: Progressive County Mutual Insurance Company

Name BarNumber Email TimestampSubmitted Status

Kimberly Blum HoustonHC@progressive.com 8/4/2023 11:21:16 AM SENT

Case Info

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Cox, Lonnie Track Judge’s New Case

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Document Filed Date

August 04, 2023

Case Filing Date

October 19, 2022

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