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DOCKET NO. HHD-CV22-6162137-S SUPERIOR COURT
JANE EZZELL J.D. OF HARTFORD
v AT HARTFORD
WAL-MART STORES EAST,
LIMITED PARTNERSHIP, ET AL APRIL 22, 2024
DEFENDANTS’ MOTION IN LIMINE AS TO ALL PLAINTIFF’S
POST-INCIDENT MEDICAL TREATMENT AND BILLING
The defendants, Wal-Mart Stores East, Limited Partnership, Wal-Mart Stores, Inc., Walmart
Inc. and William Fenlon (“Defendants”), move this Court to preclude the plaintiff from presenting
evidence of her post-incident medical treatment and billing.' The plaintiff alleges that the plaintiff
suffered “serious and painful injuries”: injuries to her hip and lower back; aggravation/exacerbation
of pe-existing degenerative condition of her lumbar spine; numbness and tingling down the legs; pain
radiating down the lower extremity.” Complaint, First-Fourth Counts §] 8. The plaintiff, however, has
not disclosed any expert opinion that the plaintiff sustained any of her alleged injuries as a result of
the alleged September 1, 2021 incident, and no such medical records have been disclosed or listed as
required by Connecticut Practice Book § 13-4(d)(1). Indeed, plaintiffs medical records are bereft of
any reference to September 1, 2021 incident and plaintiff testified that she did not recall telling any
of her treating physicians about her slip and fall.? The plaintiff must provide supporting expert
testimony because the cause and medical effect of the infliction of injuries is generally not within the
sphere of knowledge of a lay person. See Sherman v. Bristol Hospital, Inc., 79 Conn. App. 78, 88
(2003). Moreover, and based upon the foregoing, the probative value of such evidence, if any, is
' Plaintiff produced post-incident medical bills totaling $4,997.50.
? A copy of the relevant excerpt from plaintiff's deposition is attached hereto.
-l-
ROGIN NASSAU LLC + ATTORNEYS AT LAW
CITYPLACE| + HARTFORD, CONNECTICUT 06103-3460 + (860) 256-6300 + JURIS NO. 050793
plainly outweighed by the danger of unfair prejudice, confusion of the issues and misleading the jury.
Connecticut Code of Evidence § 4-3. Accordingly, preclusion is warranted.
THE DEFENDANTS
By: _/s/ 309371
George C. Springer, Jr.
Rogin Nassau LLC [050793]
CityPlace I, 22™ Floor
185 Asylum Street
Hartford, CT 06103-3460
T: (860) 256-6300
F: (860) 278-2179
gspringer@roginlaw.com
-2-
ROGIN NASSAU LLC + ATTORNEYS AT LAW
CITYPLACE| +» HARTFORD, CONNECTICUT 06103-3460 + (860) 256-6300 + JURIS NO. 050793
CERTIFICATION OF SERVICE
I hereby certify that a copy of the foregoing was sent via electronic mail, this 22nd day of
April 2024 to all counsel of record as follows:
James J. Walker, Esq.
Walker Injury Law
77 Hazard Avenue
Enfield, CT 06082
jwalker@walkerinjurylaw.com
Counsel for Plaintiff
/s/ 309371
George C. Springer, Jr.
-3-
ROGIN NASSAU LLC ATTORNEYS AT LAW
CITYPLACE| » HARTFORD, CONNECTICUT 06103-3460 + (860) 256-6300 + JURIS NO, 050793
Jane Ezzell v. Wal-mart Stores East Limited Partnership, et al
Jane Ezzell Job Date: 11/8/2023
SUPERIOR COURT
JUDICIAL DISTRICT OF HARTFORD
AT HARTFORD
DOCKET NO: HHD-CV-6162137-S
JANE EZZELL,
Plaintiff,
Vs.
WAL-MART STORES EAST LIMITED
10 PARTNERSHIP, AND WAL-MART
11 STORES, INC., AND WALMART INC.,
12 AND WILLIAM FENLON,
13 Defendants.
14
15
16 DEPOSITION OF: JANE MARIE EZZELL
17 DATE: WEDNESDAY, NOVEMBER 8TH, 2023
18 TIME: 1:04 P.M. TO 4:09 P.M.
19 HELD AT: WEB-BASED VIDEO CONNECTION
20 Reporter: CHRISTINE FOX, CSR
21
22
23
24
25
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Jane Ezzell v. Wal-mart Stores East Limited Partership, et al
Jane Ezzell Job Date:! 812025
—
APPEARANCES:
APPEARING ON BEHALF OF PLAINTIFFS:
JAMES J. WALKER, ESQUIRE
Walker Injury Law
77 Hazard Avenue
Enfield, Connecticut 06082
Jwalker@walkerinjurylaw.com
10 APPEARING ON BEHALF OF DEFENDANTS:
11 AUSTIN MORAN, ESQUIRE
12 Rogin Nassau LLC
13 CityPlace I, 22nd Floor
14 185 Asylum Street
15 Hartford, Connecticut 06103-3460
16 (860) 256.6300 (tel)
17
18
19
20
21
22
23
24
25
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Jane Ezzell v. Wal-mart Stores East Limited Partnership, et al
Jane Ezzell Job Date: 11/8/2023
(Deposition commenced at 1:04 P.M.)
Kk
Kk Kk kK Ok
COURT REPORTER: All counsel
participating in this deposition proceeding
acknowledge that I am not in the deposition room,
and further acknowledge that in lieu of an
in-person administration of the oath, it will be
administered remotely. The parties and all
10 counsel consent to this arrangement and waive any
11 objections to this method of reporting.
12 Counsel, kindly voice your agreement,
13 stating your name and agreement on the record.
14 Additionally, if ordering a transcript,
15 please state your order on the record now.
16 Thank you.
17 MR. WALKER: Jim Walker, I agree. And I
18 will order a condensed copy.
19 MS. MORAN: Austin Moran, I agree. And
20 we will take a PDF.
21 k O*
22 JANE MARIE EZZELL
23 Called for examination, having been
24 first duly sworn by notary public, was
25 examined and testified as follows:
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Jane Ezzell v. Wal-mart Stores East Limited Partnership, et al
Jane Ezzell Job Date: 11/8/2023
kk
EXAMINATION
BY MS. MORAN:
Q. Ms. Ezzell, my name is Austin Moran.
Can you hear me okay?
A Yes.
Q. I represent Walmart in this lawsuit.
Can you please state your name for the
record?
10 Jane Marie Ezzell.
11 And have you had your deposition taken
12 before?
13 No.
14 Ever testify in court before?
15 No.
16 Okay. So, I'll just go over some ground
17 rules.
18 A deposition is a question and answer
19 session. And you've taken an oath so you're
20 obligated to answer truthfully.
21 I'm going to ask you a series of
22 questions. And if you can't hear anything, feel
23 free to let me know. I'll repeat my question or
24 give me a lead if you can't hear me.
25 And if there are any questions you don't
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Jane Ezzell v. Wal-mart Stores East Limited Partnership, et al
Jane Ezzell Job Date: 11/8/2023
1
Q Go ahead.
A He did tell me, he sent me to go get an
MRI from that appointment.
Q Um-hmm. Do you know why he wanted you
to get an MRI?
A I don't remember. I think I was
complaining of my left leg.
Q Was the M MRI supposed to be of your leg
or your back?
10 A Oh, I don't remember.
11
Q And do you know what your particular
12 complaints were with regard to your leg?
13 A I don't remember.
14
Q When you went to get the MRI, did you
15 tell anyone there about your fall at Walmart?
16 A I don't remember.
17
Q Did you tell Dr. Spiro about your fall
18 at Walmart?
19 A I don't remember.
20
Q Have you told any medical professional
21 about your fall at Walmart?
22 A I don't remember.
23
Q Has any doctor told you that your back
24 pain was caused by your fall at Walmart?
25 A I don't remember.
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Jane Ezzell v. Wal-mart Stores East Limited Partnership. ct al
Jane Ezzell fob Date: 11/8/2023
——. —__ —
CERTIFICATE
I, Christine Fox, a Notary Public duly
commissioned and qualified in and for the State
of Connecticut, do hereby certify that pursuant
to the notice there came before me on the 8th day
of November 2023, the following-named person to
wit: JANE EZZELL, who was by me duly sworn to
testify to the truth; that she was thereupon
carefully examined upon her oath and her
10 examination reduced to writing by me; that this
11 deposition is a true record of the testimony
12 given by the witness.
13 I further certify that I am neither attorney
14 nor counsel for, nor related to, nor employed by
is any of the parties to the action in which this
16 deposition is taken, and further that I am not a
17 relative or employee of any attorney or counsel
18 employed by he parties hereto, or financially
19 interested in this action.
20 IN WITNESS THEREOF, I have hereunto set my
21
22
23 Christine Fox, CSR and Notary Public
24 My Commission Expires:
25 January 31, 2026
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860-528-2244 Brandon Legal Tech, LLC Page: 110
Preview
DOCKET NO. HHD-CV22-6162137-S SUPERIOR COURT JANE EZZELL J.D. OF HARTFORD v AT HARTFORD WAL-MART STORES EAST, LIMITED PARTNERSHIP, ET AL APRIL 22, 2024 DEFENDANTS’ MOTION IN LIMINE AS TO ALL PLAINTIFF’S POST-INCIDENT MEDICAL TREATMENT AND BILLING The defendants, Wal-Mart Stores East, Limited Partnership, Wal-Mart Stores, Inc., Walmart Inc. and William Fenlon (“Defendants”), move this Court to preclude the plaintiff from presenting evidence of her post-incident medical treatment and billing.' The plaintiff alleges that the plaintiff suffered “serious and painful injuries”: injuries to her hip and lower back; aggravation/exacerbation of pe-existing degenerative condition of her lumbar spine; numbness and tingling down the legs; pain radiating down the lower extremity.” Complaint, First-Fourth Counts §] 8. The plaintiff, however, has not disclosed any expert opinion that the plaintiff sustained any of her alleged injuries as a result of the alleged September 1, 2021 incident, and no such medical records have been disclosed or listed as required by Connecticut Practice Book § 13-4(d)(1). Indeed, plaintiffs medical records are bereft of any reference to September 1, 2021 incident and plaintiff testified that she did not recall telling any of her treating physicians about her slip and fall.? The plaintiff must provide supporting expert testimony because the cause and medical effect of the infliction of injuries is generally not within the sphere of knowledge of a lay person. See Sherman v. Bristol Hospital, Inc., 79 Conn. App. 78, 88 (2003). Moreover, and based upon the foregoing, the probative value of such evidence, if any, is ' Plaintiff produced post-incident medical bills totaling $4,997.50. ? A copy of the relevant excerpt from plaintiff's deposition is attached hereto. -l- ROGIN NASSAU LLC + ATTORNEYS AT LAW CITYPLACE| + HARTFORD, CONNECTICUT 06103-3460 + (860) 256-6300 + JURIS NO. 050793 plainly outweighed by the danger of unfair prejudice, confusion of the issues and misleading the jury. Connecticut Code of Evidence § 4-3. Accordingly, preclusion is warranted. THE DEFENDANTS By: _/s/ 309371 George C. Springer, Jr. Rogin Nassau LLC [050793] CityPlace I, 22™ Floor 185 Asylum Street Hartford, CT 06103-3460 T: (860) 256-6300 F: (860) 278-2179 gspringer@roginlaw.com -2- ROGIN NASSAU LLC + ATTORNEYS AT LAW CITYPLACE| +» HARTFORD, CONNECTICUT 06103-3460 + (860) 256-6300 + JURIS NO. 050793 CERTIFICATION OF SERVICE I hereby certify that a copy of the foregoing was sent via electronic mail, this 22nd day of April 2024 to all counsel of record as follows: James J. Walker, Esq. Walker Injury Law 77 Hazard Avenue Enfield, CT 06082 jwalker@walkerinjurylaw.com Counsel for Plaintiff /s/ 309371 George C. Springer, Jr. -3- ROGIN NASSAU LLC ATTORNEYS AT LAW CITYPLACE| » HARTFORD, CONNECTICUT 06103-3460 + (860) 256-6300 + JURIS NO, 050793 Jane Ezzell v. Wal-mart Stores East Limited Partnership, et al Jane Ezzell Job Date: 11/8/2023 SUPERIOR COURT JUDICIAL DISTRICT OF HARTFORD AT HARTFORD DOCKET NO: HHD-CV-6162137-S JANE EZZELL, Plaintiff, Vs. WAL-MART STORES EAST LIMITED 10 PARTNERSHIP, AND WAL-MART 11 STORES, INC., AND WALMART INC., 12 AND WILLIAM FENLON, 13 Defendants. 14 15 16 DEPOSITION OF: JANE MARIE EZZELL 17 DATE: WEDNESDAY, NOVEMBER 8TH, 2023 18 TIME: 1:04 P.M. TO 4:09 P.M. 19 HELD AT: WEB-BASED VIDEO CONNECTION 20 Reporter: CHRISTINE FOX, CSR 21 22 23 24 25 www.brandonLT.com 860-528-2244 Brandon Legal Tech, LLC Page:1 Jane Ezzell v. Wal-mart Stores East Limited Partership, et al Jane Ezzell Job Date:! 812025 — APPEARANCES: APPEARING ON BEHALF OF PLAINTIFFS: JAMES J. WALKER, ESQUIRE Walker Injury Law 77 Hazard Avenue Enfield, Connecticut 06082 Jwalker@walkerinjurylaw.com 10 APPEARING ON BEHALF OF DEFENDANTS: 11 AUSTIN MORAN, ESQUIRE 12 Rogin Nassau LLC 13 CityPlace I, 22nd Floor 14 185 Asylum Street 15 Hartford, Connecticut 06103-3460 16 (860) 256.6300 (tel) 17 18 19 20 21 22 23 24 25 www.brandonLT.com 860-528-2244 Brandon Legal Tech, LLC Page:2 Jane Ezzell v. Wal-mart Stores East Limited Partnership, et al Jane Ezzell Job Date: 11/8/2023 (Deposition commenced at 1:04 P.M.) Kk Kk Kk kK Ok COURT REPORTER: All counsel participating in this deposition proceeding acknowledge that I am not in the deposition room, and further acknowledge that in lieu of an in-person administration of the oath, it will be administered remotely. The parties and all 10 counsel consent to this arrangement and waive any 11 objections to this method of reporting. 12 Counsel, kindly voice your agreement, 13 stating your name and agreement on the record. 14 Additionally, if ordering a transcript, 15 please state your order on the record now. 16 Thank you. 17 MR. WALKER: Jim Walker, I agree. And I 18 will order a condensed copy. 19 MS. MORAN: Austin Moran, I agree. And 20 we will take a PDF. 21 k O* 22 JANE MARIE EZZELL 23 Called for examination, having been 24 first duly sworn by notary public, was 25 examined and testified as follows: www.brandonLT.com 860-528-2244 Brandon Legal Tech, LLC Page: 5 Jane Ezzell v. Wal-mart Stores East Limited Partnership, et al Jane Ezzell Job Date: 11/8/2023 kk EXAMINATION BY MS. MORAN: Q. Ms. Ezzell, my name is Austin Moran. Can you hear me okay? A Yes. Q. I represent Walmart in this lawsuit. Can you please state your name for the record? 10 Jane Marie Ezzell. 11 And have you had your deposition taken 12 before? 13 No. 14 Ever testify in court before? 15 No. 16 Okay. So, I'll just go over some ground 17 rules. 18 A deposition is a question and answer 19 session. And you've taken an oath so you're 20 obligated to answer truthfully. 21 I'm going to ask you a series of 22 questions. And if you can't hear anything, feel 23 free to let me know. I'll repeat my question or 24 give me a lead if you can't hear me. 25 And if there are any questions you don't www.brandonLT.com 860-528-2244 Brandon Legal Tech, LLC Page:6 Jane Ezzell v. Wal-mart Stores East Limited Partnership, et al Jane Ezzell Job Date: 11/8/2023 1 Q Go ahead. A He did tell me, he sent me to go get an MRI from that appointment. Q Um-hmm. Do you know why he wanted you to get an MRI? A I don't remember. I think I was complaining of my left leg. Q Was the M MRI supposed to be of your leg or your back? 10 A Oh, I don't remember. 11 Q And do you know what your particular 12 complaints were with regard to your leg? 13 A I don't remember. 14 Q When you went to get the MRI, did you 15 tell anyone there about your fall at Walmart? 16 A I don't remember. 17 Q Did you tell Dr. Spiro about your fall 18 at Walmart? 19 A I don't remember. 20 Q Have you told any medical professional 21 about your fall at Walmart? 22 A I don't remember. 23 Q Has any doctor told you that your back 24 pain was caused by your fall at Walmart? 25 A I don't remember. www.brandonLT.com 860-528-2244 Brandon Legal Tech, LLC Page: 89 Jane Ezzell v. Wal-mart Stores East Limited Partnership. ct al Jane Ezzell fob Date: 11/8/2023 ——. —__ — CERTIFICATE I, Christine Fox, a Notary Public duly commissioned and qualified in and for the State of Connecticut, do hereby certify that pursuant to the notice there came before me on the 8th day of November 2023, the following-named person to wit: JANE EZZELL, who was by me duly sworn to testify to the truth; that she was thereupon carefully examined upon her oath and her 10 examination reduced to writing by me; that this 11 deposition is a true record of the testimony 12 given by the witness. 13 I further certify that I am neither attorney 14 nor counsel for, nor related to, nor employed by is any of the parties to the action in which this 16 deposition is taken, and further that I am not a 17 relative or employee of any attorney or counsel 18 employed by he parties hereto, or financially 19 interested in this action. 20 IN WITNESS THEREOF, I have hereunto set my 21 22 23 Christine Fox, CSR and Notary Public 24 My Commission Expires: 25 January 31, 2026 www.brandonLT.com 860-528-2244 Brandon Legal Tech, LLC Page: 110