Motion to Strike in Allen Soape, Et Al vs. DSW Homes, LLC, Et Al| Trellis.Law

On December 15, 2017 a Motion,Ex Parte was filed involving a dispute between Dsw Homes, Llc, Soape, Allen, Soape, Joy, and Barfield Home Inspections, Dsw Homes, Llc, for Injury/Damage - Other in the District Court of Galveston County.

Preview
Filed: 8/14/2019 11:54 AM
JOHN D. KINARD - District Clerk
Galveston County, Texas
Envelope No. 35955776
By: Lisa Kelly
8/14/2019 2:02 PM

CAUSE NO. 17-CV-1506

ALLEN AND JOY SOAPE § IN THE DISTRICT COURT OF
§
v. § GALVESTON COUNTY, TEXAS
§
DSW HOMES, LLC, AAK ELECTRIC, §
LLC, and DALE’S WATER WELLS, LLC § 405th JUDICIAL DISTRICT

DEFENDANT DSW HOMES, LLC’S MOTION TO STRIKE
PLAINTIFFS’ EXPERT MICHAEL S. MORSE, PH.D.

COMES NOW Defendant, DSW Homes, LLC (hereinafter DSW) and files this Motion to

Strike Plaintiffs Allen and Joy Soape’s Expert, seeking to exclude the expert opinions, reports,

and testimony of Michael S. Morse, Ph.D.

I.
INTRODUCTION

This is a construction defect case arising from injuries Plaintiff Allen Soape allegedly

sustained on or about, September 21, 2016, when he was digging in flower beds near his newly-

constructed home. Plaintiffs allege that Mr. Soape’s post-hole digger struck an underground

electrical cable running from the water well pump to his home, precipitating a 220-volt shock

that rendered Mr. Soape unconscious and caused him to suffer significant and permanent

injuries. Plaintiffs filed this lawsuit on March 9, 2018, asserting various negligence claims

against DSW and others. Plaintiffs contend that DSW, as the general contractor for the

construction of their home, failed to use proper care in installing the electrical line that caused

Plaintiffs’ injuries.

On March 18, 2019, Plaintiffs submitted their First Amended Designation of Expert

Witnesses, naming Michael S. Morse, Ph.D. (“Dr. Morse”) among their retained experts in this
case. 1 Dr. Morse is expected to testify on the issue of causation—namely, that Mr. Soape

“sustained an electrical shock that caused significant injuries[.]” 2 Dr. Morse, however, is not

qualified to opine on the issue of medical causation. Accordingly, his opinions should be struck

from the record, and he should be excluded from testifying as expert witnesses in this case.

Alternatively, his testimony should be limited to fit his qualifications.

II.
RESERVATION OF ADDITIONAL OBJECTIONS

As a preliminary matter, DSW notes that it has not yet had the opportunity to depose Dr.

Morse concerning his opinions, qualifications, methodology, and/or underlying data. However,

the Plaintiffs have agreed to produce Dr. Morse for deposition on August 28, 2019.

Unfortunately, the current Docket Control Order sets an August 15, 2019, deadline for “all

motions, except motions in limine.” Accordingly, out of an abundance of caution, DSW files the

instant motion to ensure compliance with the DCO. However, by filing this motion, DSW does

not waive, and hereby expressly reserves, any additional objections to Dr. Morse’s opinion

testimony that may be discovered through his deposition.

III.
ARGUMENT AND AUTHORITIES

Texas Rule of Evidence 702 governs the admissibility of expert testimony and provides:

If scientific, technical, or other specialized knowledge will assist the trier of fact
to understand the evidence or to determine a fact in issue, a witness qualified as
an expert by knowledge, skill, experience, training or education may testify
thereto in the form of an opinion or otherwise.

If an objection to expert testimony is lodged, the proponent of the testimony bears the burden to

demonstrate admissibility. Id.; Kmart Corp. v. Honeycutt, 24 S.W.3d 357, 360 (Tex. 2000). The

1
See Plaintiffs’’ First Amended Designation of Expert Witnesses, attached hereto as “Exhibit A,” at pg. 3-4.
2
Id. at pg. 3.

2
trial court’s determination that an expert’s testimony is admissible is reviewed for abuse of

discretion. Helena Chem. Co. v. Wilkins, 47 S.W.3d 486, 499 (Tex. 2001). “Admission of

expert testimony that does not meet the [Rule 702] requirement is an abuse of discretion.”

Cooper Tire & Rubber Co. v. Mendez, 204 S.W.3d 797, 800 (Tex. 2006).

One of Rule 702’s requirements is that the expert be qualified by “knowledge, skill,

experience, training or education” to form an opinion. TEX. R. EVID. 702. The party offering

expert testimony bears the burden to show the expert possesses “special knowledge as to the very

matter on which he proposes to give an opinion.” Gammill v. Jack Williams Chevrolet, Inc., 972

S.W.2d 713, 718 (Tex. 1998) (internal quotations omitted). General experience in a specialized

field does not qualify a witness as an expert. Houghton v. Port Terminal R.R. Ass’n, 999 S.W.2d

39, 47-48 (Tex. App.—Houston [14th Dist.] 1999, no pet.). Rather, “[w]hat is required is that

the offering party establish that the expert has ‘knowledge, skill, experience, training, or

education’ regarding the specific issue before the court which would qualify the expert to give an

opinion on that particular subject.” Broders v. Heise, 924 S.W.2d 148, 153-54 (Tex. 1996).

Dr. Morse does not possess the requisite qualifications to offer the opinions set forth in

Plaintiffs expert designations. Specifically, the crux of Dr. Morse’s opinion is that Mr. Soape

suffered various short-term and long-term physical injuries as a result of his alleged electrical

shock, including respiratory arrest, organ and/or neurological damage, and neuropsychological

and cognitive loss. 3 Dr. Morse, however, is not a medical doctor; rather, he is an engineer,

purportedly specializing in biomedical engineering. 4 As a general rule, opinion testimony of non-

physician biomedical engineers is limited to “the scientific measurements and calculations of the

forces involved” in an alleged injury-producing event, and such experts may only state “whether

3
Id. at pg. 3-4.
4
See CV of Dr. Morse, attached hereto as “Exhibit B.”

3
or not injuries generally would or would not be expected from such forces.” Layssard v. United

States, CIV.A. 06-0352, 2007 WL 4144936, at *3 (W.D. La. Nov. 20, 2007) (emphasis added);

accord Olivarez v. Get Cargo, Inc., SA13CA391OLGHJB, 2014 WL 12873157, at *4–5 (W.D.

Tex. Oct. 30, 2014); see also Laski v. Bellwood, 215 F.3d 1326 (6th Cir. 2000). Biomedical

engineers, however, “are not qualified to render medical opinions regarding the precise cause of

a specific injury.” Laski, 215 F.3d at 1326; Olivarez, 2014 WL 12873157, at *4-5; Layssard,

2007 WL 4144936, at *3.

According to Plaintiffs’ designation, Dr. Morse is not expected merely to testify

concerning the abstract physical properties of the forces involved in electric shock underlying

this lawsuit. Instead, Dr. Morse intends to testify concerning the specific injuries Mr. Soape

purportedly suffered as a direct result of the alleged shock. 5 Indeed, the expert designation

indicates Dr. Morse reviewed Mr. Soape’s medical records and Mr. Soape’s description of the

accident and his subsequent complaints in an attempt to form an opinion concerning the “long-

term” and “short-term” injuries Mr. Soape purportedly sustained. 6 In other words, Dr. Morse

inappropriately attempts to step into the shoes of a physician to make a specific diagnosis and/or

prognosis of Mr. Soape’s complaints.

Such testimony exceeds the bounds of Dr. Morse’s qualifications as a biomedical

engineer. Accordingly, because Dr. Morse is not qualified to offer the opinions set forth in

Plaintiffs’ expert designation, the Court should exclude his testimony as a whole. Alternatively,

the Court should issue an order limiting the scope of Dr. Morse’s testimony to the “scientific

measurements and calculations of the forces involved” in the underlying accident. Layssard,

2007 WL 4144936, at *3; Olivarez, 2014 WL 12873157, at *4-5.

5
See Ex. A at pg. 3-4.
6
Id.

4
IV.
CONCLUSION

Michael S. Morse, Ph.D., is not qualified to offer the type of medical causation testimony

set forth in Plaintiffs’ latest expert designations. Accordingly, Defendant, DSW Homes, LLC

respectfully requests that the Court grant this Motion to Strike and preclude all expert testimony

offered by Dr. Morse or, alternatively, limit his testimony as set forth above.

Respectfully submitted,

SHEEHY, WARE & PAPPAS, P.C.

By:
GEORGE P. PAPPAS
SBN 15454800
gpappas@sheehyware.com
JENNIFER D. CULLY
SBN 24030026
jcully@sheehyware.com
TRAVIS CADE ARMSTRONG
SBN 24069312
tarmstrong@sheehyware.com
909 Fannin Street, Suite 2500
Houston, Texas 77010-1003
Telephone: (713) 951-1000
Facsimile: (713) 951-1199

ATTORNEYS FOR DEFENDANT
DSW HOMES, LLC

5
CERTIFICATE OF SERVICE

This is to certify that a true and correct copy of the above and foregoing instrument has
been forwarded to all counsel of record in accordance with the Texas Rules of Civil Procedure
on August 14, 2019.

Clifford Walston
Joshua N. Bowlin
Nathaniel J. Alford, III
WALSTON BOWLIN, LLP
4299 San Felipe Street, Suite 300
Houston, TX 77027
-AND-
Kurt Arnold
J. Kyle Findley
ARNOLD & ITKIN, LLP
6009 Memorial Drive
Houston, TX 77007

Linda Johnson White
ALLEN, KILLGORE & WHITE, P.C.
2323 South Voss Road, Suite 230
Houston, Texas 77057
-AND-
Robbie A. Moehlmann
Mike Prather
Natasha Bahri
WALKER WILCOX MATOUSEK LLP
1001 McKinney Street, Suite 2000
Houston, Texas 77002

Marshall G. Rosenberg
Kevin B. Tompkins
Hartline, Dacus, Barger, Dreyer LLP
1980 Post Oak Blvd, Suite 1800
Houston, Texas 77056

_____________________________
George P. Pappas
3549049_1

6
CAUSE NO. 17-CV-1506

ALLEN and JOY SOAPE § IN THE DISTRICT COURT OF
Plaintiffs §
§
vs. §
§ GALVESTON COUNTY, TEXAS
DSW HOMES, LLC, §
AAK ELECTRIC, LLC, and §
DALE’S WATER WELLS, LLC §
Defendants. § 405th JUDICIAL DISTRICT

PLAINTIFFS’ FIRST AMENDED DESIGNATION OF EXPERT WITNESSES

TO: Defendant DSW Homes, LLC, by and through their attorneys of record, George P.
Pappas, P.C., Jennifer D. Cully, SHEEHY, WARE, & PAPPAS, P.C.; 2500 Two Houston
Center, 909 Fannin Street, Houston, Texas 77010-1001.

Defendant AAK Electric, LLC, by and through their attorneys of record, Robbie A.
Moehlmann, Mike Prather, and Natasha Bahri, WALKER WILCOX MATOUSEK, LLP, 1001
McKinney Street, Suite 2000, Houston, Texas 77002.

Defendant Dale’s Water Wells, LLC, by and through their attorneys of record, Marshall
Rosenberg and Kevin Tompkins, HARTLINE DACUS BARGER, LLP, 1980 Post Oak Blvd.,
Suite 1800, Houston, Texas 77056.

COMES NOW, Allen and Joy Soape, Plaintiffs in the above-styled and numbered cause,

and files this First Amended Designation of Expert Witnesses who they may call on their behalf

in the trial of this matter, in compliance with the Court’s Docket Control Order and Texas Rule of

Civil Procedure 195.2:

RETAINED EXPERTS

• Jeffrey J. Peterson, Jeff Peterson & Associates, LLC; 667 Post Oak Road, Sulphur,
LA 70663. See Curriculum Vitae and expert report previously produced.

Mr. Peterson is a nationally certified life care planner of 20 years of experience in the field
of life care planning. As basis for his opinions, Mr. Peterson will rely on his training, education,
and expertise as a life care planner to analyze and review the relevant materials produced in this
case, including the deposition of Al Soape, various interviews of Al and Joy Soape,
interviews/correspondence with Mr. Soape’s physicians, including Dr. Manda, and Al Soape’s
medical records.

EXHIBIT A
1
Mr. Peterson is expected to testify regarding the long-term care that will be necessary as
Plaintiff lives with his injuries. Specifically, he is expected to testify that Plaintiff sustained
significant injuries that will negatively impact his vocations and avocational abilities and require
long term care including, but not limited to physician services, diagnostic testing, medications,
laboratory studies, rehabilitation services, equipment and supplies, environmental modifications
and essential services, nursing and attendant care, and acute care services. Mr. Peterson is further
expected to opine as to the cost of this future treatment and care.

All documents, tangible things, reports, models, or data compilations that have been
provided to, reviewed by, or prepared by or for Mr. Peterson in anticipation of his testimony have
been previously provided, are equally accessible to other parties, and are incorporated as if fully
set forth herein. Documents to be reviewed by Mr. Peterson include: Plaintiffs’ Original Petition,
all depositions taken in the case including exhibits, Plaintiffs’ discovery responses and production
including all of Mr. Soape’s medical records, and Defendants’ discovery responses and production
including all of Mr. Soape’s medical records. As discovery remains ongoing, Mr. Peterson has
and continues to review the materials produced in this matter as well as continuing to monitor Mr.
Soape’s medical condition. Mr. Peterson has previously provided an expert report, which will
continue to be supplemented based upon his ongoing review of all the relevant materials.

• Judd W. Clayton, Jr.1; Clayton & Assoc. Consultants, 1724 Oleander Dr # A,
Dickinson, TX 77539; (281) 337-0337; See Curriculum Vitae attached to his report,
which is attached hereto as Exhibit “A” and

• Daryl Wayne Turner; 4335 Kirby Oaks, Seabrook, TX 77586; (713) 253-7253;
Texas Master Electrician License #34334; See Curriculum Vitae attached to the
Clayton report, which is attached hereto as Exhibit “A” and

Mr. Clayton is a licensed electrical engineer, and he will rely on his extensive background
as a professional engineer in addition to his training and education to provide opinions in this
matter. Mr. Clayton’s observations and opinions in this matter, along with his qualifications and
experience, are set forth in the attached report, attached as Exhibit A. Mr. Clayton’s curriculum
vitae is attached to the report. Additionally, Mr. Clayton consulted with Mr. Daryl Turner, a
master electrician, whose curriculum vitae is also attached to report.

The subject matter upon which Mr. Clayton will testify concerns the following: 1) visual
observations of the manner in which the 220-volt UF electrical cable (“UF cable”) buried at
Plaintiffs’ residence that provides power to a water well was installed; 2) specific standards and
codes violated by how the UF cable was installed at the Soapes residence; 3) the manner in which
Mr. Soape was electrocuted; 3) whether installation of the 220-volt UF cable was installed in a
good and workmanlike manner and whether such installation was defective; 4) observations made
at two other homes constructed by DSW Homes and specifically the electrical cable powering the
water wells at those homes; 5) whether DSW Homes’ installation of the UF cable was a
proximate/producing cause of Mr. Soape’s electrocution.

1 Plaintiffs previously designated Mr. Gerald Roy Spencer to provide testimony regarding the installation of the
electrical UF cable in question in this lawsuit; however, in late 2018, Plaintiffs’ counsel learned that Mr. Spencer was
diagnosed with stage IV pancreatic cancer and would no longer be able to provide expert testimony. Mr. Spencer is
hereby being de-designated as Plaintiff’s expert due to his serious health condition.

2
Mr. Clayton has prepared an expert report, attached as Exhibit A and the report is fully
incorporated by reference as it sets forth his current opinions. The substance of Mr. Clayton’s
opinions generally stated are that the UF cable at the Soape’s residence was buried 4-5 inches
below finished grade, and a portion of the UF Cable itself was exposed at grade level. Mr. Clayton
will provide testimony that installation of the UF Cable as such was done in violation of the
National Electric Code, Article 300.5 (A) and (D), in addition to Article 340.12.

Mr. Clayton will testify that installation of the UF cable was defective and not performed
in a good and workmanlike manner as the contract between DSW Homes and the Soapes required.
Mr. Clayton is expected to testify on aspects of liability as it pertains to the installation of the UF
cable and that the manner in which the cable was buried was a proximate/producing cause of Mr.
Soape’s electrocution. Mr. Clayton will opine that DSW Homes failed to plan, prepare, complete,
oversee, and/or supervise the construction of Plaintiffs’ home and specifically the installation of
the UF cable.

Mr. Clayton will provide testimony that the lack of compliance with the standards and
regulation and in the defective manner in which the UF cable was installed created an extreme
hazard to the health and well-being of the Soapes and/or anyone who could have come into contact
with the UF cable in question.

Additionally, Mr. Clayton will provide opinions regarding observations made at two other
homes constructed by DSW Homes located at: 1) 8947 FM 1416, Bon Wier, TX 75928; and 2)
6030 Glen Lee Dr., Humble, TX 77396. Specifically, Mr. Clayton will testify that both electrical
cables running to the respective water wells were not installed to meet the National Electric Code.

All documents, tangible things, reports, models, or data compilations that have been
provided to, reviewed by, or prepared by or for Mr. Clayton are listed in the expert report and
attached in the appendix. See Exhibit A. Additionally, photographs taken at the inspections of
the Soapes’ residence, and the Humble, TX and Bon Wier, TX homes are being produced.

• Michael S. Morse, Ph.D., 215 Loma Hall, Department of Electrical Engineering,
University of San Diego, 5998 Alcala Park, San Diego, CA 92110; See Curriculum
Vitae attached hereto as Exhibit “B”.

Dr. Morse is an expert in the fields of biomedical and electrical engineering with a specific
expertise in the areas of electric shock injury, the effects of electricity on the human body, and
electrical safety. His qualifications are set out in the attached curriculum vitae.

As basis for his opinions, Dr. Morse will rely on his training, education, and expertise as
an expert in the fields of biomedical and electrical engineering, electric shock injury, the effects
of electricity on the human body, and electrical safety to analyze and review the relevant materials
produced in this case, including the deposition of Al Soape, various interviews of Al and Joy
Soape, the depositions of the Defendants in this matter, and Al Soape’s medical records.

Dr. Morse is expected to testify that Mr. Soape sustained an electrical shock that caused
significant injuries to Mr. Soape. Specifically, he is expected to testify that Mr. Soape’s
description of the shock and his initial response is highly consistent with a significant and
potentially injurious electrical contact, and that as such, it is more likely than not that the shock

3
received by Mr. Soape was large enough to be debilitating and capable of causing long-term
physical injury. Moreover, Dr. Morse will offer testimony that the presence of water will tend to
create a good conductive pathway for electricity and can increase the shock magnitude (current).

Dr. Morse will also testify that humans are highly variable in terms of their susceptibility
to electrical injury and that there is no recognized minimum safe voltage for human exposure. Dr.
Morse will offer testimony that standards generally treat 50 volts as the point above which there
is a cardiac risk. Dr. Morse will testify that there are many documented cases wherein individuals
have received shocks at household voltage (120 volts) and suffered debilitating injuries as a result.
Dr. Morse will testify that the electrical shock sustained by Mr. Soape more likely than not resulted
in Mr. Soape being in a state of respiratory arrest, which led to Mr. Soape being in anoxic state for
an unknown length of time.

Dr. Morse will testify that any tissue or organ system along the pathway of the current is
subject to risk of damage by the current. Dr. Morse is expected to testify that the most common
path-related injuries would manifest as neurological loss, including loss of sensation, paresthesia,
path-related weakness, pain, and/or numbness. Dr. Morse will also testify that it is well-
recognized that the neural tissue is susceptible to damage by the electric current and is not given
to a quick recovery or healing process.

Dr. Morse will also offer testimony that non-path symptomology can and does occur after
some electrical contacts, and that non-path symptoms are also widely reported including
generalized weakness, body pain, and fatigue. Neuropsychological and cognitive loss are also
well documented as symptoms of electrical contact, including personality changes and short-term
memory loss.

Dr. Morse is expected to testify that an electrical shock such as that suffered by Mr. Soape
will stimulate the pain sensors in the body and result in muscle contracture, which would have
prevented Mr. Soape from being able to release the source of the electrical shock, which in this
case was the metal rod. Dr. Morse is expected to testify that in a non-head involved shock, the
person is very much aware of the significant pain and the inability to escape the shock. Dr. Morse
is expected to testify that a person who suffers an electrical shock resulting in a state of respiratory
arrest and anoxia experiences the sensation of being suffocated. Dr. Morse is also expected to
testify that the experience of suffering an electrical shock such as that sustained by Mr. Soape is
horrific and can often result in retrograde amnesia.

Dr. Morse is also expected to testify that the experience described by Mr. Soape and that
the injuries sustained and complained of are consistent with the above described, well-
documented, and known results of suffering an electrical shock.

All documents, tangible things, reports, models, or data compilations that have been
provided to or reviewed by Dr. Morse in anticipation of his testimony have been previously
produced, are equally accessible to other parties, and are incorporated as if fully set forth herein.
Documents to be reviewed by Dr. Morse include: Plaintiffs’ Original Petition, all depositions taken
in the case including exhibits, Plaintiffs’ discovery responses and production including all of Mr.
Soape’s medical records, and Defendants’ discovery responses and production including all of Mr.
Soape’s medical records. As discovery remains ongoing, Dr. Morse has and continues to review
the materials produced and continues to monitor Mr. Soape’s medical condition.

4
NON-RETAINED EXPERTS

The following persons, or the custodians of their records, have not been retained by and
are not employed by, or are otherwise subject to the control of Plaintiff (hereinafter referred to as
“non-retained” experts), but are hereby designated as testifying experts by Plaintiff and the
following information is provided in accordance with Rule 194.2, Tex. R. Civ. P.

Although these witnesses have not been specifically retained as expert witnesses by
Plaintiff, itis believed that they may have knowledge, training or expertise which may qualify
them as experts in their respective fields. Accordingly, Plaintiff designates these witnesses as
persons who may be called upon to give testimony that would be considered expert testimony.

Non-Retained Electrical Experts

• Texas Department of Licensing and Regulation, Jerry Daniel, Chief Electrical
Inspector and Gabriella Berger, Investigator, P.O. Box 12157, Austin, TX 78711

Mr. Daniel and Ms. Berger conducted an investigation of the installation of the underground
electrical feeder cable run from the well to the house on behalf of the Texas Department of
Licensing and Regulation. Their investigation determined that the underground electrical feeder
cable was installed in violation of the Texas Electrical Code in that it was not buried a minimum
of twenty-four inches below the surface of the ground. In addition, their inspection of the home
revealed various other violations of the Texas Electrical Code. The results of TDLR’s
investigation as outlined in their report have been previously produced in this matter.

Non-Retained Medical Experts
The following healthcare providers have knowledge of Plaintiff’s injuries and medical
treatment and may be called upon to give expert testimony. Each of the below non-retained
medical experts have provided treatment to Plaintiff, and some continue to provide treatment to
Plaintiff. As such, they possess expertise and knowledge in their respective areas. They may
testify regarding the injuries sustained by the Plaintiff, Allen Soape in the incident made the subject
of this suit, their medical diagnosis, prognosis and the reasonable and necessary cost of hospital,
doctor and medical bills for treatment of their injuries in the past and in the future. Please refer
to the healthcare providers’ records for their mental impressions, opinions, conclusions, and the
factual basis for each opinion. Their mental impressions and opinions may be found in Plaintiff’s
medical and billing records and their deposition testimony, if any. For each individual
provider/facility below, in addition to the individuals listed, Plaintiff also designates, and
incorporates by reference, any other persons not specifically named herein, but who are identified
within that provider’s medical records as individuals who rendered care to Allen Soape. Further,
the Custodians of Records for each of these medical providers will provide testimony necessary to
prove up the medical and billing records.

The Custodian of Records for each of the non-retained medical experts may also testify to
the following: that he or she is the custodian of records; that all records are kept in the normal
course of business; that official procedures or regulations require that entries in the various reports,
forms, etc., contained in the records are made at the time of or shortly after the time of the
transaction recorded in the entries; that the records are kept under the Custodian’s supervision and
control; and that the information to be entered into the records is either made by a person with

5
knowledge of the information or transmitted by a person with knowledge of the information to be
entered into the records.

Amanda Burns - EMT
William McLawhorn - EMT
Erick Russell – EMT Contact information unknown at this time.
Custodian of Records
Allegiance Ambulance East
Dr. Savan Patel
Dr. Bao Bui
David Reyna, PT
Perlita Tarongoy, PT 1201 West Frank Avenue
Angela Marquardt, RN Lufkin, Texas 75904
Meliza Gumapac, RN (936) 634-8111
Custodian of Records
Other nurses and hospital staff
MMC of East Texas
Dr. Yugandhar Reddy Manda
Dr. Rohit Kedia
Chelsea Clegg
310 Gaslight Boulevard
Chelsea Thacker
Lufkin, Texas 75904
Mariam Mendoza
(936) 632-8787
Custodian of Records
Other Medical Staff
The Heart Institute of East Texas, P.A.
Dr. Meriyam Cherry, MD
10 Medical Center Boulevard
Custodian of Records
Lufkin, Texas 75904
Other Medical Staff
Dr. Marco A. Benitez, MD
Juanna Acevedo 1318 John Redditt Drive, Suite C
Custodian of Records Lufkin, Texas 75904
Other Medical Staff
Dr. Dhami Teji
505 S. John Redditt
Custodian of Records
Lufkin, Texas 75904
Other Medical Staff
(936) 634-8311
Woodland Heights Medical Center
Dr. Abdi Rasekh
Abey Varghese
1201 West Frank Avenue
Custodian of Records
Lufkin, Texas 75904
Other Medical Staff
Chi St. Luke’s Health Memorial
Custodian of Records
Other Medical Staff (936) 422-4440
Loper’s Family Pharmacy

In addition, Plaintiff Allen Soape may have been treated by other healthcare providers,
whose names are not known or recalled at this time and may be treated by other healthcare

6
providers in the future, during the pendency of this case. Thus, Plaintiffs reserve the right to
amend and/or supplement, as necessary.

RESERVATIONS

1. Plaintiffs reserve the right to revise or supplement this designation as discovery progresses.

2. Without waiving their right to challenge the competency, qualifications, and methodology,
Plaintiffs reserve the right to cross-designate any experts now or later designated by Defendants
and to elicit testimony from those experts through direct or cross examination.

3. Plaintiffs reserve the right to offer testimony or deposition excerpts in whole or in part on
any relevant issue of this lawsuit from any expert witness who is retained or designated by
Defendants.

4. Plaintiffs reserve the right to withdraw the designation of any expert witness and to aver
positively that such previously designated expert will not be called as an expert at trial and/or re-
designate same as a consulting expert, who cannot be called by Defendants.

5. Plaintiffs reserve the right to designate rebuttal expert witnesses, in the event the
designation of such expert witnesses becomes necessary.

6. Plaintiffs reserve the right to amend or supplement this designation to name such additional
experts as may be necessary to protect their rights and interests.

Respectfully Submitted,

WALSTON BOWLIN, LLP

____________________________
Joshua N. Bowlin
josh@walstonbowlin.com
State Bar No. 24037666
Nathaniel J. Alford, III
nate@walstonbowlin.com
State Bar No. 24084871
4299 San Felipe
Suite 300
Houston, TX 77027
(713) 300-8700
ATTORNEYS FOR PLAINTIFFS

CERTIFICATE OF SERVICE

7
I certify that on this 18th day of March, 2019, a true and correct copy of the above and
foregoing instrument was served by Certified Mail, Return Receipt Requested, e-mail, facsimile,
and/or hand delivered to all counsel of record.

WALSTON BOWLIN, LLP

___________________________
Nathaniel J. Alford, III

8
Page 1 of 8

EXHIBIT B
about:blank 3/19/2019
Page 2 of 8

about:blank 3/19/2019
Page 3 of 8

about:blank 3/19/2019
Page 4 of 8

about:blank 3/19/2019
Page 5 of 8

about:blank 3/19/2019
Page 6 of 8

about:blank 3/19/2019
Page 7 of 8

about:blank 3/19/2019
Page 8 of 8

about:blank 3/19/2019

Case Info

Judge

Robinson, Jared Track Judge’s New Case

Case No.

(Subscribe to View)

Document Filed Date

August 14, 2019

Case Filing Date

December 15, 2017

County

Parties

Alford, Nathaniel J., III Attorney for the Plaintiff
Arnold, Kurt B. Attorney for the Plaintiff
Barfield Home Inspections Third Party Defendant
DSW Homes, LLC Defendant
DSW Homes, LLC Third Party Plaintiff
Findley, J. Kyle Attorney for the Plaintiff
Fostel, M. Clay Attorney for the Plaintiff
Pappas, George P. Attorneys for Defendants
Pappas, George P. Attorney for the Defendant
Soape, Allen Plaintiff
Soape, Joy Plaintiff
Walston, Clifford H. Attorney for the Plaintiff
Joshua Bowlin Attorneys for Plaintiffs
Jennifer Cully Attorneys for Defendants
Michael Fostel Attorney
Marshall Rosenberg Attorneys for Defendants
Kevin Tompkins Attorney
Linda White Attorneys for Plaintiffs
Robbie Moehlmann Attorney
Michael Prather Attorney
Natasha Bahri Attorney
Jonathan Findley Attorneys for Plaintiffs
Travis Armstrong Attorneys for Defendants
Ashley Menage Attorneys for Defendants
Lara Price Attorney

For full print and download access, please subscribe at https://www.trellis.law/.

Motion,Ex Parte: Allen Soape, Et Al vs. DSW Homes, LLC, Et Al

Preview

Case Info

Parties