Preview
FILED
10/28/2021 10:44 AM
FELICIA PITRE
DISTRICT CLERK
CAUSE NO. DC-20-18921 DALLAS co” TEXAS
Debra Clark DEPUTY
IN THE DISTRICT COURT
§§§§§
TINA DOUGLAS
V 191“ JUDICIAL DISTRICT
GOLDMARK HOSPITALITY, LLC DALLAS COUNTY, TEXAS
DEFENDANT’S EXPERT DESIGNATION &
2ND SUPPLEMENTAL RESPONSES TO PLAINTIFF’S REQUEST FOR DISCLOSURES
TO: Plaintiff, TINA DOUGLAS, by and through her attorney of record James BauguSS III; Ben
Abbott & Associates, PLLC; 1934 Pendleton Dr. ; Garland, TX 75041.
Pursuant to the Texas Rules of Civil Procedure Defendant GOLDMARK HOSPITALITY, LLC
makes the following:
1) Expert Designation; and
2) 2nd Supplemental Response to Plaintiff s Request for Disclosure.
Respectfully submitted,
EUGEN M
SBN: 24046210
LAW OFFICE OF JAMES A. LAWRENCE
105 Decker Crt., Ste. 150
Irving, TX 75062-2211
972-650-8048
972-536-1480: Direct
855-717-5349: Fax
kimel l@nationwide.com
ATTORNEY FOR DEFENDANT
GOLDMARK HOSPITALITY, LLC
DEFENDANT’S EXPERT DESIGNATION &
2ND SUPPLEMENTAL RESPONSES TO PLAINTIFF’S REQUEST FOR DISCLOSURES - Page l
CERTIFICATE OF SERVICE
On October 28, 2021, a true and correct copy of this document was served in accordance
with Texas Rules of Civil Procedure to:
James Bauguss III
Ben Abbott & Associates, PLLC
1934 Pendleton Dr.
Garland, TX 75041
972-263-5555
972—682-7586: Fax
eSerVice@benabbott.com
ATTORNEY FOR PLAINTIFF
EUGENE
DEFENDANT’S EXPERT DESIGNATION &
2ND SUPPLEMENTAL RESPONSES TO PLAINTIFF’S REQUEST FOR DISCLOSURES - Page 2
DEFENDANT’S EXPERT DESIGNATION &
2ND SUPPLEMENTAL RESPONSES To PLAINTIFF’S REQUEST FOR DISCLOSURES
E. PERSONS WITH KNOWLEDGE OF RELEVANT FACTS:
RESPONSE:
Douglas, Tina La Vonne Red Nose
1213 Pioneer Ln.
Plano, TX 75023
469-605-0406
and/or
c/o James Bauguss III
Ben Abbott & Associates, PLLC
1934 Pendleton Dr.
Garland, TX 75041
972-263-5555
Plaintiff and counsel.
Goldmark Hospitality, LLC
13639 Goldmark Dr.
Dallas, TX 75240
Ashley Mines
Joanna Silvasan Robert, Property Manager
Frank Guzman, Maintenance
and/or
c/o EugeneKim
Law Office of James A. Lawrence
105 Decker Court, Ste. 150
Irving, TX 75062
972-650-8048
Defendant and counsel.
Samuel La, MD
3535 Bluffs Ln., Ste. 1328
Grapevine, TX 76051
682-219-8817
Defendant’s retained expert.
The Plaintiff’ s medical providers include the doctors, nurses, physical therapists, chiropractors,
employees, representatives and/or custodians of records:
Accident & Injury Chiropractor — North Dallas
8102 Spring Valley Rd.
Dallas, TX 75240
972-247-7246
Custodian of Records
Mohammad Diab, DC
Lou Saucedo Jr., DC
DEFENDANT’S EXPERT DESIGNATION &
2ND SUPPLEMENTAL RESPONSES TO PLAINTIFF’S REQUEST FOR DISCLOSURES - Page 3
Cole Wellness Center
4222 Trinity Mills, Ste. 114
Dallas, TX 75287
972-851-0111
Custodian of Records
George Cole, DO
DFW Prescriptions
2701 Osler Dr., Ste. 1
Grand Prairie, TX 75051
972-647-2721
Custodian of Records
Lone Star Radiology
200 Wynnewood Village
Dallas, TX 75224
214-946-7246
Custodian of Records
Kenneth Lustik, DC
White Rock Open Air MRI
200 Wynnewood Village
Dallas, TX 75224
214-378-4499
Custodian of Records
Kenneth Lustik, DC
Persons identified in documents attached and persons identified by Plaintiff and any Defendant in
their discovery responses and/or in documents produced by Plaintiff and Defendant in response to
any Request for Disclosure or other discovery requests propounded in this lawsuit.
Any medical care providers or expert witnesses designated by Plaintiff or any Defendant in their
discovery responses, supplemental discovery responses and depositions.
F. TESTIFYING EXPERTS:
RESPONSE:
l) Defendant may call to testify at trial, either live, by deposition, or by reading their records,
any of Plaintiffs past, present, or future health care providers.
2) Defendant may also call to testify, either live or by deposition, any law enforcement officer
who investigated the accident made the basis of this lawsuit.
3) The medical providers known to Defendant at this time are identified in Plaintiffs
discovery responses and/ or Plaintiffs deposition testimony.
4) The other information requested here is contained in their records, Plaintiffs counsel
provided medical records and bills to Defendant’s carrier prior to litigation, as such, they
are not being re-produced as Plaintiff has custody.
5) If Defendant obtains copies of records by Deposition on Written Questions and/or
authorization, same will be made available to each party’s respective counsel at a mutually
agreeable time for inspection and copying at their expense in accordance with the Texas
Rules of Civil Procedure.
DEFENDANT’S EXPERT DESIGNATION &
2ND SUPPLEMENTAL RESPONSES TO PLAINTIFF’S REQUEST FOR DISCLOSURES - Page 4
RETAINED EXPERT:
Samuel La, MD
3535 Bluffs Ln., Ste. 1328
Grapevine, TX 76051
682-219-8817
Dr. La is an expert retained to assess Plaintiff’s extent of injury, if any, medical causation of any
of Plaintiffs injuries or complaints of pain and to address the reasonableness and necessity of
medical services provided to Plaintiff in connection with his injuries. He may also critique and
comment on other parties’ expert testimony. His opinions are based upon review of file materials
and his education, training, knowledge and experience. If deposed, his deposition testimony is
incorporated by reference as if fully set forth herein. He reserves the right to change, add or amend
any expert opinion upon the receipt of additional information. See previously produced Dr. La’s
Controverting Affidavit, medical report, and CV.
NON-RETAINED EXPERTS:
Defendant may call as expert witnesses Plaintiff” s treating physicians, listed below, to the extent
they qualify as experts, who have not been retained by Defendant for the purpose of providing
expert testimony. However, the testimony they provide may be expert in nature. Defendant is not
aware of all mental impressions and opinions of such witnesses. The only factual observations
and opinions of which they are aware at this time are contained in their medical reports and records
as have been discovered, produced or provided, or which may hereafter be discovered, produced
or provided in this case.
Accident & Injury Chiropractor — North Dallas
8102 Spring Valley Rd.
Dallas, TX 75240
972-247-7246
Custodian of Records
Mohammad Diab, DC
Lou Saucedo Jr., DC
Cole Wellness Center
4222 Trinity Mills, Ste. 114
Dallas, TX 75287
972-851-0111
Custodian of Records
George Cole, DO
DFW Prescriptions
2701 Osler Dr., Ste. 1
Grand Prairie, TX 75051
972-647-2721
Custodian of Records
Lone Star Radiology
200 Wynnewood Village
Dallas, TX 75224
214-946-7246
DEFENDANT’S EXPERT DESIGNATION &
2ND SUPPLEMENTAL RESPONSES TO PLAlNTIFF’S REQUEST FOR DISCLOSURES - Page 5
Custodian of Records
Kenneth Lustik, DC
White Rock Open Air MRI
200 Wynnewood Village
Dallas, TX 75224
214-378-4499
Custodian of Records
Kenneth Lustik, DC
Although not retained or employed by Defendant and without adopting or approving the mental
impressions or opinions of such healthcare providers, Plaintiff’s treating healthcare providers may
testify as to their care, examination and treatment of Plaintiff and their opinions with respect to
diagnosis, prognosis, causation, and disability, if any, and ability to work in gainful employment.
Also, please see the medical records/reports already in Plaintiff’ s counsel’s possession and those
which have been or may be secured through discovery or secured by Defendant in this case.
Defendant cross-designates all of the medical and/or treating expert witnesses and, without
adopting or approving the mental impressions or opinions of them, reserve the right to rely upon
and introduce into evidence at time of trial the testimony, records and/or reports of said Witnesses.
Additionally, Defendant reserves the right to supplement pursuant to the Texas Rules of Civil
Procedure.
Lastly, Defendant reserves the right to call the following individuals who may offer expert
testimony:
1. Any individual who has or will be named by any party in any answer to any discovery,
disclosure response or in designations of experts;
2. Any individual whose name appears on any documents which has been or will be produced
by any party in any response to request for production or any discovery;
3. Any individual whose name is reflected in any document which has been or will be
obtained through the use of a medical authorization;
4. Any individual whose name is reflected in any documents which has been or will be
submitted to the Court by affidavit;
5. Any individual whose name is reflected in any document which has been or will be
subpoenaed by any party;
6. Any individual whose name appears in any transcript of any deposition taken in this matter;
and
7. Any individual whose name is reflected in any document which has been or will be attached
to the transcript of any deposition.
DEFENDANT’S EXPERT DESIGNATION &
2ND SUPPLEMENTAL RESPONSES T0 PLAINTIFF’S REQUEST FOR DISCLOSURES - Page 6
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.
Miriam Bernitz on behalf of Eugene Kim
Bar No. 24046210
bernim1@nationwide.com
Envelope ID: 58621395
Status as of 10/28/2021 11:36 AM CST
Associated Case Party: GOLDMARK HOSPITALITY, LLC
Name BarNumber Email TimestampSubmitted Status
Miriam Bernitz Bernim1@nationwide.com 10/28/2021 10:44:35 AM SENT
Eugene Y.Kim kime11@nationwide.com 10/28/2021 10:44:35 AM SENT
Case Contacts
Name BarNumber Email TimestampSubmitted Status
JAMES L BAUGUSS, |||
eService@benabbott.com 10/28/2021 10:44:35 AM SENT
Preview
FILED 10/28/2021 10:44 AM FELICIA PITRE DISTRICT CLERK CAUSE NO. DC-20-18921 DALLAS co” TEXAS Debra Clark DEPUTY IN THE DISTRICT COURT §§§§§ TINA DOUGLAS V 191“ JUDICIAL DISTRICT GOLDMARK HOSPITALITY, LLC DALLAS COUNTY, TEXAS DEFENDANT’S EXPERT DESIGNATION & 2ND SUPPLEMENTAL RESPONSES TO PLAINTIFF’S REQUEST FOR DISCLOSURES TO: Plaintiff, TINA DOUGLAS, by and through her attorney of record James BauguSS III; Ben Abbott & Associates, PLLC; 1934 Pendleton Dr. ; Garland, TX 75041. Pursuant to the Texas Rules of Civil Procedure Defendant GOLDMARK HOSPITALITY, LLC makes the following: 1) Expert Designation; and 2) 2nd Supplemental Response to Plaintiff s Request for Disclosure. Respectfully submitted, EUGEN M SBN: 24046210 LAW OFFICE OF JAMES A. LAWRENCE 105 Decker Crt., Ste. 150 Irving, TX 75062-2211 972-650-8048 972-536-1480: Direct 855-717-5349: Fax kimel l@nationwide.com ATTORNEY FOR DEFENDANT GOLDMARK HOSPITALITY, LLC DEFENDANT’S EXPERT DESIGNATION & 2ND SUPPLEMENTAL RESPONSES TO PLAINTIFF’S REQUEST FOR DISCLOSURES - Page l CERTIFICATE OF SERVICE On October 28, 2021, a true and correct copy of this document was served in accordance with Texas Rules of Civil Procedure to: James Bauguss III Ben Abbott & Associates, PLLC 1934 Pendleton Dr. Garland, TX 75041 972-263-5555 972—682-7586: Fax eSerVice@benabbott.com ATTORNEY FOR PLAINTIFF EUGENE DEFENDANT’S EXPERT DESIGNATION & 2ND SUPPLEMENTAL RESPONSES TO PLAINTIFF’S REQUEST FOR DISCLOSURES - Page 2 DEFENDANT’S EXPERT DESIGNATION & 2ND SUPPLEMENTAL RESPONSES To PLAINTIFF’S REQUEST FOR DISCLOSURES E. PERSONS WITH KNOWLEDGE OF RELEVANT FACTS: RESPONSE: Douglas, Tina La Vonne Red Nose 1213 Pioneer Ln. Plano, TX 75023 469-605-0406 and/or c/o James Bauguss III Ben Abbott & Associates, PLLC 1934 Pendleton Dr. Garland, TX 75041 972-263-5555 Plaintiff and counsel. Goldmark Hospitality, LLC 13639 Goldmark Dr. Dallas, TX 75240 Ashley Mines Joanna Silvasan Robert, Property Manager Frank Guzman, Maintenance and/or c/o EugeneKim Law Office of James A. Lawrence 105 Decker Court, Ste. 150 Irving, TX 75062 972-650-8048 Defendant and counsel. Samuel La, MD 3535 Bluffs Ln., Ste. 1328 Grapevine, TX 76051 682-219-8817 Defendant’s retained expert. The Plaintiff’ s medical providers include the doctors, nurses, physical therapists, chiropractors, employees, representatives and/or custodians of records: Accident & Injury Chiropractor — North Dallas 8102 Spring Valley Rd. Dallas, TX 75240 972-247-7246 Custodian of Records Mohammad Diab, DC Lou Saucedo Jr., DC DEFENDANT’S EXPERT DESIGNATION & 2ND SUPPLEMENTAL RESPONSES TO PLAINTIFF’S REQUEST FOR DISCLOSURES - Page 3 Cole Wellness Center 4222 Trinity Mills, Ste. 114 Dallas, TX 75287 972-851-0111 Custodian of Records George Cole, DO DFW Prescriptions 2701 Osler Dr., Ste. 1 Grand Prairie, TX 75051 972-647-2721 Custodian of Records Lone Star Radiology 200 Wynnewood Village Dallas, TX 75224 214-946-7246 Custodian of Records Kenneth Lustik, DC White Rock Open Air MRI 200 Wynnewood Village Dallas, TX 75224 214-378-4499 Custodian of Records Kenneth Lustik, DC Persons identified in documents attached and persons identified by Plaintiff and any Defendant in their discovery responses and/or in documents produced by Plaintiff and Defendant in response to any Request for Disclosure or other discovery requests propounded in this lawsuit. Any medical care providers or expert witnesses designated by Plaintiff or any Defendant in their discovery responses, supplemental discovery responses and depositions. F. TESTIFYING EXPERTS: RESPONSE: l) Defendant may call to testify at trial, either live, by deposition, or by reading their records, any of Plaintiffs past, present, or future health care providers. 2) Defendant may also call to testify, either live or by deposition, any law enforcement officer who investigated the accident made the basis of this lawsuit. 3) The medical providers known to Defendant at this time are identified in Plaintiffs discovery responses and/ or Plaintiffs deposition testimony. 4) The other information requested here is contained in their records, Plaintiffs counsel provided medical records and bills to Defendant’s carrier prior to litigation, as such, they are not being re-produced as Plaintiff has custody. 5) If Defendant obtains copies of records by Deposition on Written Questions and/or authorization, same will be made available to each party’s respective counsel at a mutually agreeable time for inspection and copying at their expense in accordance with the Texas Rules of Civil Procedure. DEFENDANT’S EXPERT DESIGNATION & 2ND SUPPLEMENTAL RESPONSES TO PLAINTIFF’S REQUEST FOR DISCLOSURES - Page 4 RETAINED EXPERT: Samuel La, MD 3535 Bluffs Ln., Ste. 1328 Grapevine, TX 76051 682-219-8817 Dr. La is an expert retained to assess Plaintiff’s extent of injury, if any, medical causation of any of Plaintiffs injuries or complaints of pain and to address the reasonableness and necessity of medical services provided to Plaintiff in connection with his injuries. He may also critique and comment on other parties’ expert testimony. His opinions are based upon review of file materials and his education, training, knowledge and experience. If deposed, his deposition testimony is incorporated by reference as if fully set forth herein. He reserves the right to change, add or amend any expert opinion upon the receipt of additional information. See previously produced Dr. La’s Controverting Affidavit, medical report, and CV. NON-RETAINED EXPERTS: Defendant may call as expert witnesses Plaintiff” s treating physicians, listed below, to the extent they qualify as experts, who have not been retained by Defendant for the purpose of providing expert testimony. However, the testimony they provide may be expert in nature. Defendant is not aware of all mental impressions and opinions of such witnesses. The only factual observations and opinions of which they are aware at this time are contained in their medical reports and records as have been discovered, produced or provided, or which may hereafter be discovered, produced or provided in this case. Accident & Injury Chiropractor — North Dallas 8102 Spring Valley Rd. Dallas, TX 75240 972-247-7246 Custodian of Records Mohammad Diab, DC Lou Saucedo Jr., DC Cole Wellness Center 4222 Trinity Mills, Ste. 114 Dallas, TX 75287 972-851-0111 Custodian of Records George Cole, DO DFW Prescriptions 2701 Osler Dr., Ste. 1 Grand Prairie, TX 75051 972-647-2721 Custodian of Records Lone Star Radiology 200 Wynnewood Village Dallas, TX 75224 214-946-7246 DEFENDANT’S EXPERT DESIGNATION & 2ND SUPPLEMENTAL RESPONSES TO PLAlNTIFF’S REQUEST FOR DISCLOSURES - Page 5 Custodian of Records Kenneth Lustik, DC White Rock Open Air MRI 200 Wynnewood Village Dallas, TX 75224 214-378-4499 Custodian of Records Kenneth Lustik, DC Although not retained or employed by Defendant and without adopting or approving the mental impressions or opinions of such healthcare providers, Plaintiff’s treating healthcare providers may testify as to their care, examination and treatment of Plaintiff and their opinions with respect to diagnosis, prognosis, causation, and disability, if any, and ability to work in gainful employment. Also, please see the medical records/reports already in Plaintiff’ s counsel’s possession and those which have been or may be secured through discovery or secured by Defendant in this case. Defendant cross-designates all of the medical and/or treating expert witnesses and, without adopting or approving the mental impressions or opinions of them, reserve the right to rely upon and introduce into evidence at time of trial the testimony, records and/or reports of said Witnesses. Additionally, Defendant reserves the right to supplement pursuant to the Texas Rules of Civil Procedure. Lastly, Defendant reserves the right to call the following individuals who may offer expert testimony: 1. Any individual who has or will be named by any party in any answer to any discovery, disclosure response or in designations of experts; 2. Any individual whose name appears on any documents which has been or will be produced by any party in any response to request for production or any discovery; 3. Any individual whose name is reflected in any document which has been or will be obtained through the use of a medical authorization; 4. Any individual whose name is reflected in any documents which has been or will be submitted to the Court by affidavit; 5. Any individual whose name is reflected in any document which has been or will be subpoenaed by any party; 6. Any individual whose name appears in any transcript of any deposition taken in this matter; and 7. Any individual whose name is reflected in any document which has been or will be attached to the transcript of any deposition. DEFENDANT’S EXPERT DESIGNATION & 2ND SUPPLEMENTAL RESPONSES T0 PLAINTIFF’S REQUEST FOR DISCLOSURES - Page 6 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. Miriam Bernitz on behalf of Eugene Kim Bar No. 24046210 bernim1@nationwide.com Envelope ID: 58621395 Status as of 10/28/2021 11:36 AM CST Associated Case Party: GOLDMARK HOSPITALITY, LLC Name BarNumber Email TimestampSubmitted Status Miriam Bernitz Bernim1@nationwide.com 10/28/2021 10:44:35 AM SENT Eugene Y.Kim kime11@nationwide.com 10/28/2021 10:44:35 AM SENT Case Contacts Name BarNumber Email TimestampSubmitted Status JAMES L BAUGUSS, ||| eService@benabbott.com 10/28/2021 10:44:35 AM SENT