On March 21, 2019 a
Party Discovery
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
ORIQINAL
Kimberly S. Oberrecht [C.S.B. No. 190794]
Cherie A. Enge [C.S.B. No. 134998] , ‘
Cheyenne J. Page [C.S.B. No. 323354] a sir
HORTON, OBERRECHT & KIRKPATRICK
101 W. Broadway, Suite 600 V
1
z»
,
1“
San Diego, California 92101 .4;.:.».‘:...V._glf.- .4.._ ,k WM‘M,
WY
.
A
(619)232—1183 * (619) 696—5719 “‘7
'
A [facsimile]
Attorneys for Defendants RICHARD WILSON; JOSE MEDINA; and COLORAMA
WHOLESALE NURSERY dba COLORAMA
\OOOQO\LII
SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY 0F SAN BERNARDINO
10 CENTRAL JUDICIAL DISTRICT
11 BRIAN MAHAFFEY & ASHLEY MAHAFFEY, ) CASE NO. CIVDSl908657
)
12 Plaintiff, ) SUPPLEMENTAL MEMORANDUM
) OF POINTS AND AUTHORITIES IN
13 vs. ) SUPPORT OF DEFENDANTS’
) MOTION FOR ORDER
14 RICHARD WILSON; JOSE MEDINA; ) COMPELLING PLAINTIFF BRIAN
COLORAMA WHOLESALE NURSERY dba ) MAHAFFEY TO ATTEND A
15 COLORAMA, and DOES 1 through 100, ) NEUROPSYCHOLOGY
Inclusive, ) EXAMINATION WITH VINCENT
16 ) FILOTEO, PhD. PURSUANT TO
Defendants .
) C.C.P. §2032.310
17 )
[Declaration of Cherie A. Enge Filed
18 Concurrently with this Supplemental
Memorandum of Points and
19 Authorities] w
-<.
20 Date: March 2, 2021
.rl
Time: 9:00 a.m.
21 Dept: S30
22 Action Filed: March 21, 2019
Trial Date: July 19, 2021
23 Dept. $30
24 Defendants RICHARD WILSON; JOSE MEDINA; and COLORAMA WHOLESALE
25 NURSERY dba COLORAMA (hereinafter collectively “Defendants”) hereby submit this
26 Supplemental Memorandum of Points and Authorities in support oftheir Motion for a Court Order
27 Compelling PlaintiffBRIAN MAHAFFEY to undergo a mental Independent Medical Examination
28 with neuropsychologist Dr. J. Vincent Filo'teo, PhD.
SUPPLEMENTAL MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF DEFENDANTS’
MOTION TO COMPEL MENTAL IME
G:\CLIENTS\5845\Plcadings\MTC Psych IME\Supp P&A—MTC Psych M(f—sr).wpd
I.
INTRODUCTION AND PROCEDURAL BACKGROUND
AWN The instant case arises out of a motor vehicle accident that occurred on April 11, 2018.
(Declaration of Cherie A. Enge, 114). Plaintiffs BRIAN MAHAFFEY and ASHLEY MAHAFFEY
(hereinafter collectively “Plaintiffs”) allegedly sustained significant orthopedic injuries as a result
ofthe accident. (Enge Decl., 114). Plaintiff BRIAN MAHAFFEY also claims that the accident has
\DOOQONUI
caused him to suffer a traumatic brain injury. (Enge Decl.,fl4).
Plaintiff BRIAN MAHAFFEY was referred to David Franklin, PsyD., MHA for an
evaluation ofhis psychological, cognitive, and emotional symptoms. Dr. Franklin has substantially
10 similar training and experience as Defendants’ Expert, J. Vincent Filoteo. (Enge Decl.,flS). Dr.
11 Franklin performed a Clinical Interview and MMPI-RF on Plaintiff BRIAN MAHAFFEY on June
_12 26, 201 8. Dr. Franklin then administered thirteen (1 3) neuropsychological tests on PlaintiffBRMN
13 MAHAFFEY on July 13, 2018. After completing the interview and interpreting the tests, Dr.
14 Franklin diagnosed Plaintiff BRIAN MAHAFFEY with (1) Mild Neurocognitive Disorder due to
15 Mild Traumatic Brain Injury; (2) Traumatic Brain Injury with no loss of consciousness; and (3)
16 Post-concussion Syndrome. Dr. Franklin rendered opinions that the subject accident was the cause
17 and then recommended treatment for the stated injuries. (Enge Decl.,fl6).
18 Defendants have a right to conduct necessary discovery to address each of Plaintiff BRIAN
19 MAHAFFEYs’ claims. Defendants’ neuropsychological examination is a crucial element of the
20 defense of said claims. As set forth more clearly in Dr. J. Vincent Filoteo’s declaration filed in
21 support of this ex parte application and motion, neuropsychologists rely on batteries of tests to
22 provide information relevant to brain and behavioral functioning. The neuropsychological exam
23 is used to evaluate whether an individual complaints of cognitive difficulties and emotional
24 problems are secondary to possible brain injury or disease and/or to other factors. Dr. Filoteo
25 explains why it is important for a psychologists to conduct his or her own exam rather than rely only
26 on the tests ofanother psychologist. Another important part ofthe neuropsychological examination
27 is the assessment of emotional and behavioral problems in a patient. Therefore, it is important for
28 the psychologist to directly observe the patient during the clinical interview and to administer a
>
SUPPLEMENTAL MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF DEFENDANTS’
MOTION TO COMPEL MENTAL IME
G:\CLENTS\5 845\Plcadings\MTC Psych IME\Supp P&A-MTC PsychM(f—sr).wpd
Document Filed Date
February 05, 2021
Case Filing Date
March 21, 2019
Category
Personal Injury Motor Vehicle Unlimited
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ORIQINAL Kimberly S. Oberrecht [C.S.B. No. 190794] Cherie A. Enge [C.S.B. No. 134998] , ‘ Cheyenne J. Page [C.S.B. No. 323354] a sir HORTON, OBERRECHT & KIRKPATRICK 101 W. Broadway, Suite 600 V 1 z» , 1“ San Diego, California 92101 .4;.:.».‘:...V._glf.- .4.._ ,k WM‘M, WY . A (619)232—1183 * (619) 696—5719 “‘7 ' A [facsimile] Attorneys for Defendants RICHARD WILSON; JOSE MEDINA; and COLORAMA WHOLESALE NURSERY dba COLORAMA \OOOQO\LII SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY 0F SAN BERNARDINO 10 CENTRAL JUDICIAL DISTRICT 11 BRIAN MAHAFFEY & ASHLEY MAHAFFEY, ) CASE NO. CIVDSl908657 ) 12 Plaintiff, ) SUPPLEMENTAL MEMORANDUM ) OF POINTS AND AUTHORITIES IN 13 vs. ) SUPPORT OF DEFENDANTS’ ) MOTION FOR ORDER 14 RICHARD WILSON; JOSE MEDINA; ) COMPELLING PLAINTIFF BRIAN COLORAMA WHOLESALE NURSERY dba ) MAHAFFEY TO ATTEND A 15 COLORAMA, and DOES 1 through 100, ) NEUROPSYCHOLOGY Inclusive, ) EXAMINATION WITH VINCENT 16 ) FILOTEO, PhD. PURSUANT TO Defendants . ) C.C.P. §2032.310 17 ) [Declaration of Cherie A. Enge Filed 18 Concurrently with this Supplemental Memorandum of Points and 19 Authorities] w -<. 20 Date: March 2, 2021 .rl Time: 9:00 a.m. 21 Dept: S30 22 Action Filed: March 21, 2019 Trial Date: July 19, 2021 23 Dept. $30 24 Defendants RICHARD WILSON; JOSE MEDINA; and COLORAMA WHOLESALE 25 NURSERY dba COLORAMA (hereinafter collectively “Defendants”) hereby submit this 26 Supplemental Memorandum of Points and Authorities in support oftheir Motion for a Court Order 27 Compelling PlaintiffBRIAN MAHAFFEY to undergo a mental Independent Medical Examination 28 with neuropsychologist Dr. J. Vincent Filo'teo, PhD. SUPPLEMENTAL MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF DEFENDANTS’ MOTION TO COMPEL MENTAL IME G:\CLIENTS\5845\Plcadings\MTC Psych IME\Supp P&A—MTC Psych M(f—sr).wpd I. INTRODUCTION AND PROCEDURAL BACKGROUND AWN The instant case arises out of a motor vehicle accident that occurred on April 11, 2018. (Declaration of Cherie A. Enge, 114). Plaintiffs BRIAN MAHAFFEY and ASHLEY MAHAFFEY (hereinafter collectively “Plaintiffs”) allegedly sustained significant orthopedic injuries as a result ofthe accident. (Enge Decl., 114). Plaintiff BRIAN MAHAFFEY also claims that the accident has \DOOQONUI caused him to suffer a traumatic brain injury. (Enge Decl.,fl4). Plaintiff BRIAN MAHAFFEY was referred to David Franklin, PsyD., MHA for an evaluation ofhis psychological, cognitive, and emotional symptoms. Dr. Franklin has substantially 10 similar training and experience as Defendants’ Expert, J. Vincent Filoteo. (Enge Decl.,flS). Dr. 11 Franklin performed a Clinical Interview and MMPI-RF on Plaintiff BRIAN MAHAFFEY on June _12 26, 201 8. Dr. Franklin then administered thirteen (1 3) neuropsychological tests on PlaintiffBRMN 13 MAHAFFEY on July 13, 2018. After completing the interview and interpreting the tests, Dr. 14 Franklin diagnosed Plaintiff BRIAN MAHAFFEY with (1) Mild Neurocognitive Disorder due to 15 Mild Traumatic Brain Injury; (2) Traumatic Brain Injury with no loss of consciousness; and (3) 16 Post-concussion Syndrome. Dr. Franklin rendered opinions that the subject accident was the cause 17 and then recommended treatment for the stated injuries. (Enge Decl.,fl6). 18 Defendants have a right to conduct necessary discovery to address each of Plaintiff BRIAN 19 MAHAFFEYs’ claims. Defendants’ neuropsychological examination is a crucial element of the 20 defense of said claims. As set forth more clearly in Dr. J. Vincent Filoteo’s declaration filed in 21 support of this ex parte application and motion, neuropsychologists rely on batteries of tests to 22 provide information relevant to brain and behavioral functioning. The neuropsychological exam 23 is used to evaluate whether an individual complaints of cognitive difficulties and emotional 24 problems are secondary to possible brain injury or disease and/or to other factors. Dr. Filoteo 25 explains why it is important for a psychologists to conduct his or her own exam rather than rely only 26 on the tests ofanother psychologist. Another important part ofthe neuropsychological examination 27 is the assessment of emotional and behavioral problems in a patient. Therefore, it is important for 28 the psychologist to directly observe the patient during the clinical interview and to administer a > SUPPLEMENTAL MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF DEFENDANTS’ MOTION TO COMPEL MENTAL IME G:\CLENTS\5 845\Plcadings\MTC Psych IME\Supp P&A-MTC PsychM(f—sr).wpd