On July 31, 2015 a
Trial Materials
was filed
involving a dispute between
Yunk, Jonah Allen,
and
Team Industrial Services, Inc.,
Wickstead, Steven William,
for Injury/Damage - Motor Vehicle
in the District Court of Galveston County.
Preview
Filed: 1/18/2017 6:10:36 PM
JOHN D. KINARD - District Clerk
Galveston County, Texas
Envelope No. 14815316
By: Lisa Kelly
1/19/2017 2:48:31 PM
CAUSE NO. 15-CV-0790
IONAH ALLEN YUNK § IN THE DISTRICT COURT OF
§
VS. § GALVESTON COUNTY, TEXAS
§
STEVEN WILLIAM WICKSTEAD E’: 405T“ JUDICIAL DISTRICT
PLAINTIFF’S OBJECTIONS T0 DEFENDANTS’ AMENDED EXHIBIT LIST
Plaintiff, JONAH YUNK, files this his Objections to Defendants’ Amended Exhibit List
as follows:
Exhibit
No. Description Objection
General Objection Plaintiff objects to any exhibit that makes
reference to marijuana or drug abuse as
there is no question Plaintiff was in
significant pain requiring prescription pain
medication and it has now been confirmed
that the reason he was running out of pain
medication was his then girlfriend was
stealing it. This evidence is not relevant to
any issue and the prejudicial effect
outweighs the probative value. TRE 401 and
403-
Deposition Ex. 1 for Chris Mantell Employment records from Coastal Maintenance
deposition are irrelevant and immaterial and the prejudicial
effect outweighs the probative value.
4 Written report for Dr. David Written report for this case of defense
Rosenfield dated 05/12/16 medical expert Dr. David Rosenfield is
hearsay, self-serving and irrelevant.
5 IME report for Dr. David Rosenfield Written report for this case of defense medical
dated 6/27/16 expert Dr. David Rosenfield is hearsay, self-
serving and irrelevant.
10 CV for Dr. David Rosenfield CV of Dr. David Rosenfield is duplicative of
Defendants’ Exhibit No. 3.
12 Written report for Dr. Francisco Written report for this case of defense expert
Perez, dated 05/l 1/16 witness Dr. Francisco Perez is hearsay, self-
serving and irrelevant.
13 IME report for Dr. Francisco Perez, Written report for this case of defense expert
dated 06/26/16 witness Dr. Francisco Perez is hearsay, self-
serving and irrelevant
16 Written report for Dr. Darryl Cuda Written report for this case of defense expert
dated 05/11/16 witness Dr. Darryl Cuda is hearsay, self—serving
and irrelevant
17 IME report for Dr. Darryl Cuda Written report for this case of defense expert
dated 07/08/16, supplemented witness Dr. Darryl Cuda is hearsay, self-serving
within Dr. Cuda’s original report and irrelevant
dated 05/11/16
18 Supplemental IME report for Dr. Written report for this case of defense expert
Darryl Cuda dated 07/29/16, this witness Dr. Darryl Cuda is hearsay, self-serving
would be page 6 of his original and irrelevant
report.
20 Written report of Tom King dated Written report for this case of defense expert
05/13/16 witness Dr. Tom King is hearsay, self-serving
and irrelevant.
23 Records from North Houston Pole Until records can be reviewed cannot determine
if any objection is made as record not produced
for inspection.
24 Employment records from Coastal Employment records from Coastal Maintenance
Maintenance, Inc. are irrelevant and immaterial and the prejudicial
effect outweighs the probative value. Also
duplicative of Exhibit No. 2.
28 Surveillance Videos made by Adam The surveillance of Plaintiff taken by Adam
Soules (CD previously produced.) Soules is the subject of Motion to Strike as he is
not a licensed investigator and was taking video
in locations where it was strictly prohibited.
29 Medical Records from Pearland Medical records from Pearland Pediatrics are
Pediatrics too remote in time to be relevant or material.
30 Medical Records from Memorial Medical records from Memorial Hermarm
Hermann Southeast Hospital Southeast Hospital are too remote in time to be
(awaiting records) relevant or material.
31 Medical Records from Innova Pain Object to Innova Pain records to the extent they
Center reference marijuana or drug abuse as it has not
been confirmed that Plaintiff was not abusing
drugs.
37. Exhibit 1-8, Pollock deposition Plaintiff objects to the global offer of entire file.
notice and entire expert witness file.
(no exhibit 9)
39. Exhibit 11, Pollock deposition, TRE 403. Irrelevant and immaterial
invoice for services to Alton Todd
40. Exhibit 12, Pollock deposition, Irrelevant. TRE 401.
company brochure regarding
consultation and assessment
services.
41. Exhibit 13, Pollock deposition, Irrelevant. TRE 401.
Project ReEntry brochure for brain
injury rehabilitation programs.
42. Exhibit 14, Pollock deposition, Irrelevant. TRE 401.
general diagnostic battery and
neuropsychological evaluation for
5/4/16
43. Medical Records from Kelsey Object to Kelsey-Seybold records to the extent
Seybold Clinic they reference marijuana or drug abuse as it has
now been confirmed that Plaintiff was not
abusing drugs.
Respectfully submitted,
THE LAW FIRM OF ALTON C. TODD
By:
/s/ Alton C. Todd
Alton C. Todd
State Bar No. 20092000
312 South Friendswood Drive
Friendswood, Texas 77546
Phone: (281) 992-8633
Facsimile: (281) 648-8633
alton@actlaw.com
ATTORNEY FOR PLAINTIFF
CERTIFICATE OF SERVICE
I do hereby certify that on the 18"‘ day oflanuary, 2017, a true and correct copy of the
above and foregoing pleading was served upon the following persons pursuant to TRCP via
e—fi1ing or in the manner specified.
William J. Clay Email Transmittal
The Willis Law Group, PLLC
10440 N. Central Expressway, Ste. 520
Dallas, Texas 75231
/s/ Alton C. Todd
Alton C. Todd
Document Filed Date
January 18, 2017
Case Filing Date
July 31, 2015
Category
Injury/Damage - Motor Vehicle
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
Filed: 1/18/2017 6:10:36 PM JOHN D. KINARD - District Clerk Galveston County, Texas Envelope No. 14815316 By: Lisa Kelly 1/19/2017 2:48:31 PM CAUSE NO. 15-CV-0790 IONAH ALLEN YUNK § IN THE DISTRICT COURT OF § VS. § GALVESTON COUNTY, TEXAS § STEVEN WILLIAM WICKSTEAD E’: 405T“ JUDICIAL DISTRICT PLAINTIFF’S OBJECTIONS T0 DEFENDANTS’ AMENDED EXHIBIT LIST Plaintiff, JONAH YUNK, files this his Objections to Defendants’ Amended Exhibit List as follows: Exhibit No. Description Objection General Objection Plaintiff objects to any exhibit that makes reference to marijuana or drug abuse as there is no question Plaintiff was in significant pain requiring prescription pain medication and it has now been confirmed that the reason he was running out of pain medication was his then girlfriend was stealing it. This evidence is not relevant to any issue and the prejudicial effect outweighs the probative value. TRE 401 and 403- Deposition Ex. 1 for Chris Mantell Employment records from Coastal Maintenance deposition are irrelevant and immaterial and the prejudicial effect outweighs the probative value. 4 Written report for Dr. David Written report for this case of defense Rosenfield dated 05/12/16 medical expert Dr. David Rosenfield is hearsay, self-serving and irrelevant. 5 IME report for Dr. David Rosenfield Written report for this case of defense medical dated 6/27/16 expert Dr. David Rosenfield is hearsay, self- serving and irrelevant. 10 CV for Dr. David Rosenfield CV of Dr. David Rosenfield is duplicative of Defendants’ Exhibit No. 3. 12 Written report for Dr. Francisco Written report for this case of defense expert Perez, dated 05/l 1/16 witness Dr. Francisco Perez is hearsay, self- serving and irrelevant. 13 IME report for Dr. Francisco Perez, Written report for this case of defense expert dated 06/26/16 witness Dr. Francisco Perez is hearsay, self- serving and irrelevant 16 Written report for Dr. Darryl Cuda Written report for this case of defense expert dated 05/11/16 witness Dr. Darryl Cuda is hearsay, self—serving and irrelevant 17 IME report for Dr. Darryl Cuda Written report for this case of defense expert dated 07/08/16, supplemented witness Dr. Darryl Cuda is hearsay, self-serving within Dr. Cuda’s original report and irrelevant dated 05/11/16 18 Supplemental IME report for Dr. Written report for this case of defense expert Darryl Cuda dated 07/29/16, this witness Dr. Darryl Cuda is hearsay, self-serving would be page 6 of his original and irrelevant report. 20 Written report of Tom King dated Written report for this case of defense expert 05/13/16 witness Dr. Tom King is hearsay, self-serving and irrelevant. 23 Records from North Houston Pole Until records can be reviewed cannot determine if any objection is made as record not produced for inspection. 24 Employment records from Coastal Employment records from Coastal Maintenance Maintenance, Inc. are irrelevant and immaterial and the prejudicial effect outweighs the probative value. Also duplicative of Exhibit No. 2. 28 Surveillance Videos made by Adam The surveillance of Plaintiff taken by Adam Soules (CD previously produced.) Soules is the subject of Motion to Strike as he is not a licensed investigator and was taking video in locations where it was strictly prohibited. 29 Medical Records from Pearland Medical records from Pearland Pediatrics are Pediatrics too remote in time to be relevant or material. 30 Medical Records from Memorial Medical records from Memorial Hermarm Hermann Southeast Hospital Southeast Hospital are too remote in time to be (awaiting records) relevant or material. 31 Medical Records from Innova Pain Object to Innova Pain records to the extent they Center reference marijuana or drug abuse as it has not been confirmed that Plaintiff was not abusing drugs. 37. Exhibit 1-8, Pollock deposition Plaintiff objects to the global offer of entire file. notice and entire expert witness file. (no exhibit 9) 39. Exhibit 11, Pollock deposition, TRE 403. Irrelevant and immaterial invoice for services to Alton Todd 40. Exhibit 12, Pollock deposition, Irrelevant. TRE 401. company brochure regarding consultation and assessment services. 41. Exhibit 13, Pollock deposition, Irrelevant. TRE 401. Project ReEntry brochure for brain injury rehabilitation programs. 42. Exhibit 14, Pollock deposition, Irrelevant. TRE 401. general diagnostic battery and neuropsychological evaluation for 5/4/16 43. Medical Records from Kelsey Object to Kelsey-Seybold records to the extent Seybold Clinic they reference marijuana or drug abuse as it has now been confirmed that Plaintiff was not abusing drugs. Respectfully submitted, THE LAW FIRM OF ALTON C. TODD By: /s/ Alton C. Todd Alton C. Todd State Bar No. 20092000 312 South Friendswood Drive Friendswood, Texas 77546 Phone: (281) 992-8633 Facsimile: (281) 648-8633 alton@actlaw.com ATTORNEY FOR PLAINTIFF CERTIFICATE OF SERVICE I do hereby certify that on the 18"‘ day oflanuary, 2017, a true and correct copy of the above and foregoing pleading was served upon the following persons pursuant to TRCP via e—fi1ing or in the manner specified. William J. Clay Email Transmittal The Willis Law Group, PLLC 10440 N. Central Expressway, Ste. 520 Dallas, Texas 75231 /s/ Alton C. Todd Alton C. Todd