On June 02, 2021 a
Party Discovery
was filed
involving a dispute between
Lowney, George,
and
Does 1-50,
Does 2-50,
Meza, Lawrence,
Walmart Claims Services, Inc.,
Walmart, Inc.,
Walmart Neighborhood Market,
for Other PI/PD/WD Unlimited
in the District Court of San Bernardino County.
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ELECTRONICALLY FILED
SUPERIOR COURT OF CALIFORNIA
Andrew N. Kohn, Esq» SBN 166385 COUNTY 0F SAN BERNARDINO
Nicole F. Davidov, Esq., SBN 334714 SAN BERNARDINO DISTRICT
PETTIT KOHN INGRASSIA LUTZ & DOLIN PC
11622‘E1 Camino Real, suite 300 3/28/2024 1156 PM
San Dlego: CA 92130 DEPUTY
By: Gloria Portillo,
Telephone: (858) 755-8500
Facsimile: (858) 755-8504
QONUI-bUJN
E-mail: akohn@pettitkohn.com
ndavidov@pettitkohn.com
Attorneys for Defendants
WALMART INC., WALMART
NEIGHBORHOOD MARKET and LAWRENCE
MEZA
SUPERIOR COURT OF THE STATE OF CALIFORNIA
10 FOR THE COUNTY 0F SAN BERNARDINO
11
12 GEORGE LOWNEY, CASE NO.: CIVSB21 15740
13 Plaintiff, MEMORANDUM 0F POINTS AND
AUTHORITIES IN SUPPORT OF
14 V. DEFENDANT WALMART INC.’S
MOTION TO COMPEL SECOND
15 WALMART, INC., WALMART DEPOSITION OF PLAINTIFF GEORGE
NEIGHBORHOOD MARKET, LOWNEY (VOL. 2)
16 LAWRENCE MEZA, DOES t0 50, 1
DATE: June 25, 2024
17 Defendants. TIME: 8:30 a.m.
Dept: $28
18
Dept: $28
19 Judge: Hon. Michael A. Sachs
Filed: June 2, 2021
20 Trial: May 20, 2024
21 Defendant WALMART, INC. (“Defendant”) moves this court for an order compelling the
22 second deposition session 0f Plaintiff GEORGE LOWNEY (“Plaintiff”).
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1
2354—3282 MEMORANDUM OF POINTS AND AUTHORITIES ISO DEFENDANT WALMART INC.’S MOTION TO
COMPEL SECOND DEPOSITION OF GEORGE LOWNEY (VOL. 2)
I.
FACTUAL BACKGROUND
Plaintiff filed this instant lawsuit against Walmart 0n June 8, 2021, claiming damages for
personal injuries he allegedly sustained from a slip and fall incident that occurred 0n October 27,
2020 in a Rialto Walmart Neighborhood Market (the “Walmart Incident”). Plaintiff s initial
responses t0 Walmart’s written discovery articulated allegations of injury to Plaintiff s right
shoulder, right hip, neck, and upper/lower back as a result of the Incident. (EX. “A” at N0. 6.3
[see Declaration ofNicole F. DaVidOV (“Davidov Decl.”) at fl 3].) Plaintiff further represented
having short-lived 10w back pain prior t0 the Incident from 2007-2010. (Id. at No. 10. 1 .) During
10 his deposition on November 22, 2022, Plaintiff testified that he sustained injury to his right
11 shoulder, back and neck as a result 0f the Walmart Incident. (Ex. “B” at 119:2-121 :5 [see
12 Davidov Decl. at 1] 4].) Plaintiff did not attribute any injury and/or condition in his legs to the
13 Incident. (Id.)
14 A. Plaintiff’s Workers Compensation Claims Prior t0 the Incident
15 Throughout his deposition testimony, Plaintiff routinely provided nonresponsive and
16 vague answers that required defense counsel to ask numerous follow up questions over Plaintiff’ s
17 counsel’s persistent and lengthy obj ections in order to obtain any substantive information relating
18 to Plaintiff s pre-incident treatment history. Specifically, Plaintiff was reluctant to disclose
19 relevant information regarding his “short-lived” back pain and his prior workers” compensation
20 claim, and he downplayed the scope and extent 0f his prior spine condition(s) and treatment. (See
21 e.g. EX. “B” at 20:10-27:25; 125222-126: 16; 13724-138: 1 1: 199: 14-2053.)
22 T0 illustrate, Plaintiff testified that this previous workers’ compensation claim related to
23 his leg and “possibly” his back. (EX. “B” at 121 14-12226.) Plaintiff alleged that he did not recall
:
24 the scope and severity of his back pain because it “wasn’t continuous, ,9 ‘6 very isolated” and
25 because he did not “act 0n any of my ailments for many, many years because they weren’t so
26 severe.” (EX. “B” at 19924-20523.) Overall Plaintiff completely downplayed the scope and extent
27 of his prior back injury arising out of his workers compensation incident, claiming he “never”
28 treated for his 10W back pain because it was “intermittent”:
2
2354—3282 MEMORANDUM OF POINTS AND AUTHORITIES ISO DEFENDANT WALMART INC.’S MOTION TO
COMPEL SECOND DEPOSITION OF GEORGE LOWNEY (VOL. 2)
Document Filed Date
March 28, 2024
Case Filing Date
June 02, 2021
Category
Other PI/PD/WD Unlimited
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ELECTRONICALLY FILED SUPERIOR COURT OF CALIFORNIA Andrew N. Kohn, Esq» SBN 166385 COUNTY 0F SAN BERNARDINO Nicole F. Davidov, Esq., SBN 334714 SAN BERNARDINO DISTRICT PETTIT KOHN INGRASSIA LUTZ & DOLIN PC 11622‘E1 Camino Real, suite 300 3/28/2024 1156 PM San Dlego: CA 92130 DEPUTY By: Gloria Portillo, Telephone: (858) 755-8500 Facsimile: (858) 755-8504 QONUI-bUJN E-mail: akohn@pettitkohn.com ndavidov@pettitkohn.com Attorneys for Defendants WALMART INC., WALMART NEIGHBORHOOD MARKET and LAWRENCE MEZA SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 FOR THE COUNTY 0F SAN BERNARDINO 11 12 GEORGE LOWNEY, CASE NO.: CIVSB21 15740 13 Plaintiff, MEMORANDUM 0F POINTS AND AUTHORITIES IN SUPPORT OF 14 V. DEFENDANT WALMART INC.’S MOTION TO COMPEL SECOND 15 WALMART, INC., WALMART DEPOSITION OF PLAINTIFF GEORGE NEIGHBORHOOD MARKET, LOWNEY (VOL. 2) 16 LAWRENCE MEZA, DOES t0 50, 1 DATE: June 25, 2024 17 Defendants. TIME: 8:30 a.m. Dept: $28 18 Dept: $28 19 Judge: Hon. Michael A. Sachs Filed: June 2, 2021 20 Trial: May 20, 2024 21 Defendant WALMART, INC. (“Defendant”) moves this court for an order compelling the 22 second deposition session 0f Plaintiff GEORGE LOWNEY (“Plaintiff”). 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// 1 2354—3282 MEMORANDUM OF POINTS AND AUTHORITIES ISO DEFENDANT WALMART INC.’S MOTION TO COMPEL SECOND DEPOSITION OF GEORGE LOWNEY (VOL. 2) I. FACTUAL BACKGROUND Plaintiff filed this instant lawsuit against Walmart 0n June 8, 2021, claiming damages for personal injuries he allegedly sustained from a slip and fall incident that occurred 0n October 27, 2020 in a Rialto Walmart Neighborhood Market (the “Walmart Incident”). Plaintiff s initial responses t0 Walmart’s written discovery articulated allegations of injury to Plaintiff s right shoulder, right hip, neck, and upper/lower back as a result of the Incident. (EX. “A” at N0. 6.3 [see Declaration ofNicole F. DaVidOV (“Davidov Decl.”) at fl 3].) Plaintiff further represented having short-lived 10w back pain prior t0 the Incident from 2007-2010. (Id. at No. 10. 1 .) During 10 his deposition on November 22, 2022, Plaintiff testified that he sustained injury to his right 11 shoulder, back and neck as a result 0f the Walmart Incident. (Ex. “B” at 119:2-121 :5 [see 12 Davidov Decl. at 1] 4].) Plaintiff did not attribute any injury and/or condition in his legs to the 13 Incident. (Id.) 14 A. Plaintiff’s Workers Compensation Claims Prior t0 the Incident 15 Throughout his deposition testimony, Plaintiff routinely provided nonresponsive and 16 vague answers that required defense counsel to ask numerous follow up questions over Plaintiff’ s 17 counsel’s persistent and lengthy obj ections in order to obtain any substantive information relating 18 to Plaintiff s pre-incident treatment history. Specifically, Plaintiff was reluctant to disclose 19 relevant information regarding his “short-lived” back pain and his prior workers” compensation 20 claim, and he downplayed the scope and extent 0f his prior spine condition(s) and treatment. (See 21 e.g. EX. “B” at 20:10-27:25; 125222-126: 16; 13724-138: 1 1: 199: 14-2053.) 22 T0 illustrate, Plaintiff testified that this previous workers’ compensation claim related to 23 his leg and “possibly” his back. (EX. “B” at 121 14-12226.) Plaintiff alleged that he did not recall : 24 the scope and severity of his back pain because it “wasn’t continuous, ,9 ‘6 very isolated” and 25 because he did not “act 0n any of my ailments for many, many years because they weren’t so 26 severe.” (EX. “B” at 19924-20523.) Overall Plaintiff completely downplayed the scope and extent 27 of his prior back injury arising out of his workers compensation incident, claiming he “never” 28 treated for his 10W back pain because it was “intermittent”: 2 2354—3282 MEMORANDUM OF POINTS AND AUTHORITIES ISO DEFENDANT WALMART INC.’S MOTION TO COMPEL SECOND DEPOSITION OF GEORGE LOWNEY (VOL. 2)