On March 21, 2019 a
Hearing
was filed
involving a dispute between
Mahaffey, Ashley,
Mahaffey, Brian,
and
Colorama Wholesale Nursery,
Medina, Jose,
Wilson, Richard,
for Personal Injury Motor Vehicle Unlimited
in the District Court of San Bernardino County.
Preview
Robert Weinstein [Bar No. 140412]
ROBERT S. WEINSTEIN & ASSOC.
12401 Wilshire Boulevard, Suite 200
Los Angeles, California 90025
F 1
T: (310) 277-7762 Stégfimiegfimfi‘lgg CDALIFORMA
1039 S. Palm Canyon Drive SAN
BERNARD!N§§%¢%%’¥O
Palm Springs, California 92264
OOOONONUI#UJNH
T: (760) 797-5502 JAN 06 2022
Weinsteinlawl 00@aol.com
Ian Herzog [Bar No. 41396]
Depmy
HERZOG, YUHAS, EHRLICH & ARDELL
A Professional Corporation
1 1400 West Olympic Boulevard, Suite 1150
Los Angeles, California 90064
Telephone: (310) 458-6660
Facsimile (3 10) 458-9065
:
herzog@ix.netcom.com
Attorneys for Plaintiffs
BRIAN MAHAFFEY & ASHLEY MAHAFFEY
IN THE SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN BERNARDINO — CENTRAL
BRIAN MAHAFFEY and ASHLEY
AWCASE NO. CIVDSl908657
‘
“‘19
NNNNNNNNNHHr—Au—AHH—Hn—A—n
MAHAFFEY, , [Assigned t0 Hon. Brian S. McCarville, Dept. S30]
Plaintiffs,
PLAINTIFFS’ EX PARTE APPLICATION
IVA" .fi TO AUGMENT EXPERTS OR SHORTEN
A
OONQM-bWNflooooflam-PWNH
vs.
,
t/ ‘ 0%” TIME TO HEAR A MOTION TO AUGMENT
9L ER
RICHARD WILSON; JOSE MEDINA; DATE : Tuesday, January 11, 2022
COLORAMA WHOLESALE NURSERY dba TIME ‘ 9‘00 a-m'
COLORAMA; and DOES 1 through 100, PLACE: Dept S30
Inclusive.
DATE FILED : March 21, 2019
Defendants. TRIAL DATE : NONE
TO ALL PARTIES AND TO THEIR ATTORNEYS OF RECORD:
PLEASE TAKE NOTICE that Plaintiffs hereby move ex parte for the following Orders:
_ 1 _
PLAINTIFFS’ EX PARTE APPLICATION TO AUGMENT EXPERTS OR SHORTEN TIME
TO HEAR A MOTION TO AUGMENT
1. Augment Plaintiff Brian Mahaffey’s list of expert witnesses to include Diffusion Tensor
Imaging (DTI) expert Aaron G. Filler, M.D., Ph.D., FRCS, JD, or, in the alternative,
2. Shorten time to hear a Motion to Augment Plaintiff Brian Mahaffey’s list of experts to
include DTI expert Dr. Aaron G. Filler.
\OOOflQUl-RUJNp—n
3. For such other and further relief as the court deems just.
THIS EX PARTE APPLICATION IS MADE on the grounds that:
1. The court on December 7, 2021 granted (Exhibit 1) defendants’ Motion to Augment
(Exhibit 2) its list of experts to include neuroradiologist Dr. Michael Brant-Zawadzki. Previously,
Plaintiff had designated neuroradiologist Sean Mahan as his expert witness and, specifically, in that
regard, the application administering DTI technology regarding the diagnosis of traumatic brain injury
as a sequelae 0f the head injury Brian Mahaffey sustained in this accident.
2. The depositions of Dr. Mahan were taken on October 8, 2021 and October 16, 2021.
3. Thereafter, the defense made a Motion t0 Augment (Exhibit 2) its list of experts to
include Dr. Brant-Zawadzki as its expert witness on DTI.
4. Dr. Brant-Zawadzki’s deposition was taken on December 20, 2021 and produced his
reports concurrently with his deposition. (Exhibit 3)
NNNNNNNNN—‘H—‘v—‘t—‘v—th—I—An—n
5. The “Clift Note” version of Dr. Brant-Zawadzki’s testimony is that DTI is not used
clinically to aid in the diagnosis of mild traumatic brain injury citing a 2014 article of a Stanford
University radiologist, Dr. Max Wintermark as the basis for his opinions in that regard.
OONONUl-PWNt—‘OOOONQUI-PUJNHO
6. Whereupon it became clear that Plaintiff needed to impeach/contradict Dr. Brant-
Zawadzki’s testimony in that regard as the medical literature shows DTI is widely used to help diagnose
mild TBI from trauma.
7. Because of the intervening Christmas/New Year holidays, we were not able t0
successfully get a hold 0f those who would qualify as eminently conversant With DTI, its uses in
medical centers and major medical institutions and by those who treat mild traumatic brain injuries from
concussions, sports injuries, accidents and the like until the first of the year.
8. On January 4, 2022, Plaintiffs were able t0 contact Dr. Aaron G. Filler. His CV is
attached as Exhibit 4. Dr. Filler is very much in the know with regard to the clinical uses 0f DTI in
_2H
PLAINTIFFS’ EX PARTE APPLICATION TO AUGMENT EXPERTS OR SHORTEN TIME
TO HEAR A MOTION TO AUGMENT
Document Filed Date
January 06, 2022
Case Filing Date
March 21, 2019
Category
Personal Injury Motor Vehicle Unlimited
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Robert Weinstein [Bar No. 140412] ROBERT S. WEINSTEIN & ASSOC. 12401 Wilshire Boulevard, Suite 200 Los Angeles, California 90025 F 1 T: (310) 277-7762 Stégfimiegfimfi‘lgg CDALIFORMA 1039 S. Palm Canyon Drive SAN BERNARD!N§§%¢%%’¥O Palm Springs, California 92264 OOOONONUI#UJNH T: (760) 797-5502 JAN 06 2022 Weinsteinlawl 00@aol.com Ian Herzog [Bar No. 41396] Depmy HERZOG, YUHAS, EHRLICH & ARDELL A Professional Corporation 1 1400 West Olympic Boulevard, Suite 1150 Los Angeles, California 90064 Telephone: (310) 458-6660 Facsimile (3 10) 458-9065 : herzog@ix.netcom.com Attorneys for Plaintiffs BRIAN MAHAFFEY & ASHLEY MAHAFFEY IN THE SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN BERNARDINO — CENTRAL BRIAN MAHAFFEY and ASHLEY AWCASE NO. CIVDSl908657 ‘ “‘19 NNNNNNNNNHHr—Au—AHH—Hn—A—n MAHAFFEY, , [Assigned t0 Hon. Brian S. McCarville, Dept. S30] Plaintiffs, PLAINTIFFS’ EX PARTE APPLICATION IVA" .fi TO AUGMENT EXPERTS OR SHORTEN A OONQM-bWNflooooflam-PWNH vs. , t/ ‘ 0%” TIME TO HEAR A MOTION TO AUGMENT 9L ER RICHARD WILSON; JOSE MEDINA; DATE : Tuesday, January 11, 2022 COLORAMA WHOLESALE NURSERY dba TIME ‘ 9‘00 a-m' COLORAMA; and DOES 1 through 100, PLACE: Dept S30 Inclusive. DATE FILED : March 21, 2019 Defendants. TRIAL DATE : NONE TO ALL PARTIES AND TO THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE that Plaintiffs hereby move ex parte for the following Orders: _ 1 _ PLAINTIFFS’ EX PARTE APPLICATION TO AUGMENT EXPERTS OR SHORTEN TIME TO HEAR A MOTION TO AUGMENT 1. Augment Plaintiff Brian Mahaffey’s list of expert witnesses to include Diffusion Tensor Imaging (DTI) expert Aaron G. Filler, M.D., Ph.D., FRCS, JD, or, in the alternative, 2. Shorten time to hear a Motion to Augment Plaintiff Brian Mahaffey’s list of experts to include DTI expert Dr. Aaron G. Filler. \OOOflQUl-RUJNp—n 3. For such other and further relief as the court deems just. THIS EX PARTE APPLICATION IS MADE on the grounds that: 1. The court on December 7, 2021 granted (Exhibit 1) defendants’ Motion to Augment (Exhibit 2) its list of experts to include neuroradiologist Dr. Michael Brant-Zawadzki. Previously, Plaintiff had designated neuroradiologist Sean Mahan as his expert witness and, specifically, in that regard, the application administering DTI technology regarding the diagnosis of traumatic brain injury as a sequelae 0f the head injury Brian Mahaffey sustained in this accident. 2. The depositions of Dr. Mahan were taken on October 8, 2021 and October 16, 2021. 3. Thereafter, the defense made a Motion t0 Augment (Exhibit 2) its list of experts to include Dr. Brant-Zawadzki as its expert witness on DTI. 4. Dr. Brant-Zawadzki’s deposition was taken on December 20, 2021 and produced his reports concurrently with his deposition. (Exhibit 3) NNNNNNNNN—‘H—‘v—‘t—‘v—th—I—An—n 5. The “Clift Note” version of Dr. Brant-Zawadzki’s testimony is that DTI is not used clinically to aid in the diagnosis of mild traumatic brain injury citing a 2014 article of a Stanford University radiologist, Dr. Max Wintermark as the basis for his opinions in that regard. OONONUl-PWNt—‘OOOONQUI-PUJNHO 6. Whereupon it became clear that Plaintiff needed to impeach/contradict Dr. Brant- Zawadzki’s testimony in that regard as the medical literature shows DTI is widely used to help diagnose mild TBI from trauma. 7. Because of the intervening Christmas/New Year holidays, we were not able t0 successfully get a hold 0f those who would qualify as eminently conversant With DTI, its uses in medical centers and major medical institutions and by those who treat mild traumatic brain injuries from concussions, sports injuries, accidents and the like until the first of the year. 8. On January 4, 2022, Plaintiffs were able t0 contact Dr. Aaron G. Filler. His CV is attached as Exhibit 4. Dr. Filler is very much in the know with regard to the clinical uses 0f DTI in _2H PLAINTIFFS’ EX PARTE APPLICATION TO AUGMENT EXPERTS OR SHORTEN TIME TO HEAR A MOTION TO AUGMENT