Preview
Electronically Filed
10/29/2019 12:09 PM
Penny Clarkston, Smith County District Clerk
Reviewed By: Terry Morrow
CAUSE NO. 18-1770-B
TERRY L. WILSON, § IN THE 114TH DISTRICT COURT
Plaintiff, §
§
V. § IN AND FOR
§
T&D SOLUTIONS, LLC, GOVERNMENT §
EMPLOYEES INSURANCE COMPANY, §
AND GLEN S. SLAUGHTER, §
Defendants. § SMITH COUNTY, TEXAS
PLAINTIFF’S FIRST SUPPLEMENTAL RESPONSES TO DEFENDANT
VOLT POWER, LLC’S REQUEST FOR DISCLOSURE TO PLAINTIFF AND
DESIGNATION OF EXPERT WITNESSES AND
SECOND SUPPLEMENTAL RESPONSES TO DEFENDANT GLEN S. SLAUGHTER’S
REQUEST FOR DISCLOSURE TO PLAINTIFF AND
DESIGNATION OF EXPERT WITNESSES
TO: Defendant, Volt Power, LLC, by and through its attorneys of record, Branch M.
Sheppard and Sara A. Morton, Galloway, Johnson, Tompkins, Burr & Smith,
1301 McKinney Street, Suite 1400, Houston, Texas 77010, and Defendant, Glen
S. Slaughter, by and through her attorney of record, Mr. Adam B. Allen, White
Shaver PC, 205 W. Locust, Tyler, Texas 75702.
The following First Supplemental Responses to Defendant Volt Power, LLC’s Request
for Disclosures to Plaintiff and Designation of Expert Witnesses and Second Supplemental
Responses to Defendant Glen S. Slaughter’s Request for Disclosure to Plaintiff and Designation
of Expert Witnesses, in the above-styled case are provided in accordance with Rule 194, Tex. R.
Civ. P.
GENERAL DISCLOSURE
1. All depositions taken or to be taken in this case, together with all exhibits and
attachments thereto. This includes both oral and written depositions and depositions on
written questions.
2. All affidavits (business records and billing records) filed with the Court by any party,
together with all exhibits and attachments thereto.
3. All documents (including photographs, video tapes, and graphic material) produced by
the Plaintiff to any Defendant in this case.
4. All interrogatory responses filed by the Plaintiff in this case, regardless of the party
serving the interrogatories.
5. All medical illustrations produced by Plaintiff in this case.
6. The Plaintiff’s designations of expert witness, including supplemental designations,
together with all exhibits.
Page 1 of 8
7. All materials equally available to the Defendant through the use of any signed
authorization, to include Medical Records, Income Tax, Social Security, Texas Workers’
Compensation Commission, Employment and/or Educational Records Authorizations.
Page 2 of 8
PLAINTIFF’S FIRST SUPPLEMENTAL RESPONSES TO DEFENDANT VOLT
POWER, LLC’S REQUEST FOR DISCLOSURE TO PLAINTIFF AND DESIGNATION
OF EXPERT WITNESSES AND SECOND SUPPLEMENTAL RESPONSES TO
DEFENDANT GLEN S. SLAUGHTER’S REQUEST FOR DISCLOSURE TO
PLAINTIFF AND DESIGNATION OF EXPERT WITNESSES
Rule 194.2(f): For each testifying expert:
1. the expert’s name, address and telephone number;
2. the subject matter on which the expert will testify;
3. the general substance of the expert’s mental impression and opinions and a brief
summary of the basis for them, or if the expert is not retained by, employed by, or
otherwise subject to the control of the responding party, documents reflecting such
information;
4. if the expert is retained by, employed by, or otherwise subject to your control:
a. all documents, tangible things, reports, models, or data compilations that have
been provided to, reviewed by, or prepared by, or for the expert in anticipation of
the expert’s testimony; and
b. the expert’s current resume and bibliography.
RESPONSE:
The following individuals and entities, their officers, directors, employees, former
employees, agents, servants, physicians, nurses, attendants, healthcare providers and custodians
of business, medical and/or billing records:
Officer Alvin Gordon, ID Number 128
Lindale Police Department
105 Ballard Drive
Lindale, Texas 75771
Telephone: (903) 882-3313
Facsimile: (903) 882-1054
Responded to and investigated the collision on 11-6-17.
Officer Doug Stevens, ID Number 121
Officer Dan Somes
Officer Ramsey
Officer Parker, Dispatcher
Lindale Police Department
105 Ballard Drive
Lindale, Texas 75771
Telephone: (903) 882-3313
Facsimile: (903) 882-1054
Officer Doug Stevens responded to and investigated the collision on 5-25-18.
Page 3 of 8
East Texas Spine Institute, PA and its
Doctors, nurses and employees
Ritesh Prasad, M.D.
3110 Park Center Drive
Tyler, Texas 75701
Telephone: (903) 593-9999
Facsimile: (903) 526-2679
Plaintiff’s healthcare provider. Provided care as a result of injuries sustained in the collisions.
Will provide opinions as to the nature and causation of the injuries and appropriateness of
treatment provided and the reasonableness and necessity of medical services and associated
medical bills.
Tyler Open MRI / Touchstone Medical Imaging and its
Doctors, nurses and employees
1904 ESE Loop 323
Tyler, Texas 75701
Telephone: (903) 526-6736
Facsimile: (903) 526-7911
Plaintiff’s healthcare provider. Provided imaging services as a result of injuries sustained in the
collisions.
Christus Mother Frances Hospital Tyler ECC and its
Doctors, nurses and employees
Jessica Atkinson, PA-C
Dr. Joshua R. Diviney
Dr. Marina Flaskas
800 E. Dawson
Tyler, Texas 75701
Telephone: (903) 531-4262
Plaintiff’s healthcare provider. Provided care as a result of injuries sustained in the collision on
May 25, 2018.
Christus Trinity Mother Frances HealthPark – Lindale and its
Doctors, nurses and employees
Dr. Hayden Head
Dr. Holly Duplechain
3203 S. Main
Lindale, Texas 75771
Telephone: (903) 266-4000
Plaintiff’s healthcare provider. Provided care as a result of injuries sustained in the collision on
May 25, 2018.
Page 4 of 8
Brookshire Pharmacy #002 and its
Pharmacists and employees
P. O. Box 1219
706 W. Main
Van, Texas 75790
Telephone: (903) 963-3834
Plaintiff’s healthcare provider. Provided prescriptions as a result of injuries sustained in the
collision on May 25, 2018.
Lindale Chiropractic Clinic and its
Doctors, nurses and employees
George Craig Pitts, D.C.
P. O. Box 2407
1437 South Main
Lindale, Texas 75771
Telephone: (903) 882-1828
Facsimile: (903) 882-0804
Plaintiff’s healthcare provider. Provided care as a result of injuries sustained in the collisions.
UT Health – East Texas EMS and its
Paramedics, Emergency Medical Technicians and employees
1520 W. Front Street
Tyler, Texas 75702-7821
Telephone: (800) 622-4749
Plaintiff’s healthcare provider. Provided care as a result of injuries sustained in the collision on
May 25, 2018.
Tyler Radiology Associates and its
Doctors, nurses and employees
Eric Weismann, M.D.
Robert C. Weissmann, III, M.D.
Thomas K. Hayes, M.D.
John P. Andrews, M.D.
Charles D. Crum, M.D.
Blake A. Watson, M.D.
Timothy J. Leihgeber, M.D.
627 Turtle Creek Drive
Tyler, Texas 75701-1832
Telephone: (888) 434-0217
Plaintiff’s healthcare provider. Provided imaging services as a result of injuries sustained in the
collisions.
Page 5 of 8
RETAINED EXPERTS
Plaintiff is not designating retained experts at this time. Plaintiff reserves the right to
designate experts (including any employee of Volt Power, LLC produced for deposition) against
Defendant, Volt Power, LLC, within 45 days following the completion of Volt Power, LLC’s
corporate representative(s) depositions. This reservation is due to the need to obtain discovery
responses and the depositions of Volt Power, LLC’s corporate representatives.
The medical care and service providers identified above will testify regarding Plaintiff’s
injuries, their cause, their diagnosis and prognosis, treatment rendered in the past, the necessity
of treatment and medical expenses, and other matters regarding Plaintiff’s physical conditions.
The custodians will testify regarding the authenticity of the medical records and billing records
and reasonableness and necessity of the medical expenses incurred by Plaintiff.
Plaintiff refers you to the medical records, medical bills, and any and all other documents
reflecting the opinions of Terry Wilson’s treating physicians.
The medical care and service providers identified above will testify regarding their
understanding of the factual background of the case, their expertise and education, the materials
they have reviewed, their curriculum vitae, their professional background, case specific
expertise, their examination of Terry Wilson, their review of Plaintiff’s medical history, their
findings and recommendations regarding the cause and extent of Plaintiff’s injuries or Plaintiff’s
need for future medical treatment. Their opinions are more fully stated in their records
previously provided and will be addressed through their deposition testimony.
Plaintiff also reserves the right to call as witnesses all persons identified as testifying
experts by Defendants. In the event that between now and the time of trial,Plaintiff receives
medical care from any new or additional healthcare provider, Plaintiff reserves the right to call
such person to testify or to offer into evidence deposition testimony of that witness. Plaintiff
reserves the right to withdraw the designation of any expert witness and to aver positively that
Page 6 of 8
such previously designated expert will not be called as an expert witness at trial and to
redesignate same as a consulting expert, who cannot be called by opposing counsel. Plaintiff
reserves the right to call undesignated expert witnesses in rebuttal, whose identities and
testimony cannot reasonably be foreseen until Defendants have presented their evidence at trial.
Plaintiff reserves the right to elicit any expert testimony and/or lay opinion testimony that would
assist the jury in determining material issues of fact and that would not violate the Texas Rules
of Civil Procedure, the Texas Rules of Evidence, case law, and the rulings of this Honorable
Court. Plaintiff reserves the right to elicit expert opinion from any of the designated fact
witnesses within any area as to which such person has expertise. Discovery in this matter is still
ongoing and Plaintiff reserves the right to supplement this designation if further discovery
reveals the need for additional testimony.
Page 7 of 8
Respectfully submitted,
By: /s/ N. Eric Cooper
G.R. (RANDY) AKIN
Attorney-Mediator
G.R. (Randy) Akin, P.C.
3400 W. Marshall Ave., Suite 300
Longview, Texas 75604
Telephone: (903) 297-8929
Facsimile: (903) 297-9046
Email: gra@randyakin.com
N. ERIC COOPER
State Bar No. 24036399
The Cooper Law Firm
P. O. Box 2222
501 N. Third Street (75601)
Longview, Texas 75606-2222
Telephone: (903) 297-0037
Facsimile: (903) 236-0035
E-mail: eric@cooper-law-firm.com
ATTORNEYS FOR PLAINTIFF
TERRY L. WILSON
CERTIFICATE OF SERVICE
I do hereby certify that a true and correct copy of the foregoing instrument has been
served on all counsel of record in accordance with the Texas Rules of Civil Procedure on this the
29th day of October, 2019.
Adam B. Allen
White Shaver
205 W. Locust Avenue
Tyler, Texas 75702
Branch M. Sheppard
Sara A. Morton
Galloway, Johnson, Tompkins, Burr & Smith
1301 McKinney Street, Suite 1400
Houston, Texas 77010
/s/ N. Eric Cooper
N. Eric Cooper
Page 8 of 8
Preview
Electronically Filed 10/29/2019 12:09 PM Penny Clarkston, Smith County District Clerk Reviewed By: Terry Morrow CAUSE NO. 18-1770-B TERRY L. WILSON, § IN THE 114TH DISTRICT COURT Plaintiff, § § V. § IN AND FOR § T&D SOLUTIONS, LLC, GOVERNMENT § EMPLOYEES INSURANCE COMPANY, § AND GLEN S. SLAUGHTER, § Defendants. § SMITH COUNTY, TEXAS PLAINTIFF’S FIRST SUPPLEMENTAL RESPONSES TO DEFENDANT VOLT POWER, LLC’S REQUEST FOR DISCLOSURE TO PLAINTIFF AND DESIGNATION OF EXPERT WITNESSES AND SECOND SUPPLEMENTAL RESPONSES TO DEFENDANT GLEN S. SLAUGHTER’S REQUEST FOR DISCLOSURE TO PLAINTIFF AND DESIGNATION OF EXPERT WITNESSES TO: Defendant, Volt Power, LLC, by and through its attorneys of record, Branch M. Sheppard and Sara A. Morton, Galloway, Johnson, Tompkins, Burr & Smith, 1301 McKinney Street, Suite 1400, Houston, Texas 77010, and Defendant, Glen S. Slaughter, by and through her attorney of record, Mr. Adam B. Allen, White Shaver PC, 205 W. Locust, Tyler, Texas 75702. The following First Supplemental Responses to Defendant Volt Power, LLC’s Request for Disclosures to Plaintiff and Designation of Expert Witnesses and Second Supplemental Responses to Defendant Glen S. Slaughter’s Request for Disclosure to Plaintiff and Designation of Expert Witnesses, in the above-styled case are provided in accordance with Rule 194, Tex. R. Civ. P. GENERAL DISCLOSURE 1. All depositions taken or to be taken in this case, together with all exhibits and attachments thereto. This includes both oral and written depositions and depositions on written questions. 2. All affidavits (business records and billing records) filed with the Court by any party, together with all exhibits and attachments thereto. 3. All documents (including photographs, video tapes, and graphic material) produced by the Plaintiff to any Defendant in this case. 4. All interrogatory responses filed by the Plaintiff in this case, regardless of the party serving the interrogatories. 5. All medical illustrations produced by Plaintiff in this case. 6. The Plaintiff’s designations of expert witness, including supplemental designations, together with all exhibits. Page 1 of 8 7. All materials equally available to the Defendant through the use of any signed authorization, to include Medical Records, Income Tax, Social Security, Texas Workers’ Compensation Commission, Employment and/or Educational Records Authorizations. Page 2 of 8 PLAINTIFF’S FIRST SUPPLEMENTAL RESPONSES TO DEFENDANT VOLT POWER, LLC’S REQUEST FOR DISCLOSURE TO PLAINTIFF AND DESIGNATION OF EXPERT WITNESSES AND SECOND SUPPLEMENTAL RESPONSES TO DEFENDANT GLEN S. SLAUGHTER’S REQUEST FOR DISCLOSURE TO PLAINTIFF AND DESIGNATION OF EXPERT WITNESSES Rule 194.2(f): For each testifying expert: 1. the expert’s name, address and telephone number; 2. the subject matter on which the expert will testify; 3. the general substance of the expert’s mental impression and opinions and a brief summary of the basis for them, or if the expert is not retained by, employed by, or otherwise subject to the control of the responding party, documents reflecting such information; 4. if the expert is retained by, employed by, or otherwise subject to your control: a. all documents, tangible things, reports, models, or data compilations that have been provided to, reviewed by, or prepared by, or for the expert in anticipation of the expert’s testimony; and b. the expert’s current resume and bibliography. RESPONSE: The following individuals and entities, their officers, directors, employees, former employees, agents, servants, physicians, nurses, attendants, healthcare providers and custodians of business, medical and/or billing records: Officer Alvin Gordon, ID Number 128 Lindale Police Department 105 Ballard Drive Lindale, Texas 75771 Telephone: (903) 882-3313 Facsimile: (903) 882-1054 Responded to and investigated the collision on 11-6-17. Officer Doug Stevens, ID Number 121 Officer Dan Somes Officer Ramsey Officer Parker, Dispatcher Lindale Police Department 105 Ballard Drive Lindale, Texas 75771 Telephone: (903) 882-3313 Facsimile: (903) 882-1054 Officer Doug Stevens responded to and investigated the collision on 5-25-18. Page 3 of 8 East Texas Spine Institute, PA and its Doctors, nurses and employees Ritesh Prasad, M.D. 3110 Park Center Drive Tyler, Texas 75701 Telephone: (903) 593-9999 Facsimile: (903) 526-2679 Plaintiff’s healthcare provider. Provided care as a result of injuries sustained in the collisions. Will provide opinions as to the nature and causation of the injuries and appropriateness of treatment provided and the reasonableness and necessity of medical services and associated medical bills. Tyler Open MRI / Touchstone Medical Imaging and its Doctors, nurses and employees 1904 ESE Loop 323 Tyler, Texas 75701 Telephone: (903) 526-6736 Facsimile: (903) 526-7911 Plaintiff’s healthcare provider. Provided imaging services as a result of injuries sustained in the collisions. Christus Mother Frances Hospital Tyler ECC and its Doctors, nurses and employees Jessica Atkinson, PA-C Dr. Joshua R. Diviney Dr. Marina Flaskas 800 E. Dawson Tyler, Texas 75701 Telephone: (903) 531-4262 Plaintiff’s healthcare provider. Provided care as a result of injuries sustained in the collision on May 25, 2018. Christus Trinity Mother Frances HealthPark – Lindale and its Doctors, nurses and employees Dr. Hayden Head Dr. Holly Duplechain 3203 S. Main Lindale, Texas 75771 Telephone: (903) 266-4000 Plaintiff’s healthcare provider. Provided care as a result of injuries sustained in the collision on May 25, 2018. Page 4 of 8 Brookshire Pharmacy #002 and its Pharmacists and employees P. O. Box 1219 706 W. Main Van, Texas 75790 Telephone: (903) 963-3834 Plaintiff’s healthcare provider. Provided prescriptions as a result of injuries sustained in the collision on May 25, 2018. Lindale Chiropractic Clinic and its Doctors, nurses and employees George Craig Pitts, D.C. P. O. Box 2407 1437 South Main Lindale, Texas 75771 Telephone: (903) 882-1828 Facsimile: (903) 882-0804 Plaintiff’s healthcare provider. Provided care as a result of injuries sustained in the collisions. UT Health – East Texas EMS and its Paramedics, Emergency Medical Technicians and employees 1520 W. Front Street Tyler, Texas 75702-7821 Telephone: (800) 622-4749 Plaintiff’s healthcare provider. Provided care as a result of injuries sustained in the collision on May 25, 2018. Tyler Radiology Associates and its Doctors, nurses and employees Eric Weismann, M.D. Robert C. Weissmann, III, M.D. Thomas K. Hayes, M.D. John P. Andrews, M.D. Charles D. Crum, M.D. Blake A. Watson, M.D. Timothy J. Leihgeber, M.D. 627 Turtle Creek Drive Tyler, Texas 75701-1832 Telephone: (888) 434-0217 Plaintiff’s healthcare provider. Provided imaging services as a result of injuries sustained in the collisions. Page 5 of 8 RETAINED EXPERTS Plaintiff is not designating retained experts at this time. Plaintiff reserves the right to designate experts (including any employee of Volt Power, LLC produced for deposition) against Defendant, Volt Power, LLC, within 45 days following the completion of Volt Power, LLC’s corporate representative(s) depositions. This reservation is due to the need to obtain discovery responses and the depositions of Volt Power, LLC’s corporate representatives. The medical care and service providers identified above will testify regarding Plaintiff’s injuries, their cause, their diagnosis and prognosis, treatment rendered in the past, the necessity of treatment and medical expenses, and other matters regarding Plaintiff’s physical conditions. The custodians will testify regarding the authenticity of the medical records and billing records and reasonableness and necessity of the medical expenses incurred by Plaintiff. Plaintiff refers you to the medical records, medical bills, and any and all other documents reflecting the opinions of Terry Wilson’s treating physicians. The medical care and service providers identified above will testify regarding their understanding of the factual background of the case, their expertise and education, the materials they have reviewed, their curriculum vitae, their professional background, case specific expertise, their examination of Terry Wilson, their review of Plaintiff’s medical history, their findings and recommendations regarding the cause and extent of Plaintiff’s injuries or Plaintiff’s need for future medical treatment. Their opinions are more fully stated in their records previously provided and will be addressed through their deposition testimony. Plaintiff also reserves the right to call as witnesses all persons identified as testifying experts by Defendants. In the event that between now and the time of trial,Plaintiff receives medical care from any new or additional healthcare provider, Plaintiff reserves the right to call such person to testify or to offer into evidence deposition testimony of that witness. Plaintiff reserves the right to withdraw the designation of any expert witness and to aver positively that Page 6 of 8 such previously designated expert will not be called as an expert witness at trial and to redesignate same as a consulting expert, who cannot be called by opposing counsel. Plaintiff reserves the right to call undesignated expert witnesses in rebuttal, whose identities and testimony cannot reasonably be foreseen until Defendants have presented their evidence at trial. Plaintiff reserves the right to elicit any expert testimony and/or lay opinion testimony that would assist the jury in determining material issues of fact and that would not violate the Texas Rules of Civil Procedure, the Texas Rules of Evidence, case law, and the rulings of this Honorable Court. Plaintiff reserves the right to elicit expert opinion from any of the designated fact witnesses within any area as to which such person has expertise. Discovery in this matter is still ongoing and Plaintiff reserves the right to supplement this designation if further discovery reveals the need for additional testimony. Page 7 of 8 Respectfully submitted, By: /s/ N. Eric Cooper G.R. (RANDY) AKIN Attorney-Mediator G.R. (Randy) Akin, P.C. 3400 W. Marshall Ave., Suite 300 Longview, Texas 75604 Telephone: (903) 297-8929 Facsimile: (903) 297-9046 Email: gra@randyakin.com N. ERIC COOPER State Bar No. 24036399 The Cooper Law Firm P. O. Box 2222 501 N. Third Street (75601) Longview, Texas 75606-2222 Telephone: (903) 297-0037 Facsimile: (903) 236-0035 E-mail: eric@cooper-law-firm.com ATTORNEYS FOR PLAINTIFF TERRY L. WILSON CERTIFICATE OF SERVICE I do hereby certify that a true and correct copy of the foregoing instrument has been served on all counsel of record in accordance with the Texas Rules of Civil Procedure on this the 29th day of October, 2019. Adam B. Allen White Shaver 205 W. Locust Avenue Tyler, Texas 75702 Branch M. Sheppard Sara A. Morton Galloway, Johnson, Tompkins, Burr & Smith 1301 McKinney Street, Suite 1400 Houston, Texas 77010 /s/ N. Eric Cooper N. Eric Cooper Page 8 of 8