Preview
Filed 13 April 23 A8:30
Chris Daniel - District Clerk
Harris Coun!
ED101) 017445101
By: anita perez
CAUSE NO. 30259
BRENDA SIEBERT IN THE DISTRICT COURT OF
KINGWOOD ATHLETIC CLUB, HARRIS COUNTY, TEXAS
KELLY ACQUISITION, INC.,
DAVID KELLY,
THE FITNESS CONTRACTORS, SPEED
INCORPORATED AND
SPEED DODSON 165THJUDICIAL DISTRICT
DEFENDANTS KELLY ACQUISITION, INC. AND DAVID KELLY’S
DESIGNATIONOF EXPERT WITNESSES
Defendants Kelly Acquisition, Inc. and David Kelly (collectivdy “Defendants”)
respectfully file and submit Defendants’ Designation of Expert Witnesses as follows, and with
this response Defendants also supplement all prior responses to Requests for Disclosures or other
discovery requests seeking information about expert witnesses who are expected to testify
PRELIMINARY MATTERS
a preliminary statement to all of the following designations, Defendants note that
Plaintiff has not provided all or part of the information or documents required
to be disclosed
by
Texas Rule of Civil Procedure 194.2(f) for some of her experts. Plaintiff's failure to comply
with the rules and provide the identity or substance of her expert’s opinions makes it impossible
for Defendants’ experts to provide detailed opinions. Defendants expressly reserve the right to
supplement this designation of experts with reports additional information, and additional
experts should Plaintiff be permitted by the Court to untimely designate experts and/or disclose
information forDefendants’ experts to review and analyze.
RETAINED EXPERTS
Defendant hereby designate the following individual a retained testifying expert in
this case
W. Owen Cramer, M.D.
1315 S. Joseph Pkwy
Houston, Texas 77002
(713) 652
Dr. Cramer is a board certifiedsurgeon. Dr. Cramer received his medical degree from
the University of Texas Houston in 1976, and intemed at St. Joseph’s Hospital in Houston,
Texas from 1976 to 1977. He was a resident in general surgery at St Joseph’s Hospital in
Houston, Texas from 1977 to 1981. In addition, Dr. Cramer has served as an associate clinical
professor at Baylor College of Medicine and the University of Texas Medical Branch. A copy of
Dr. Cramer's curriculum vitae is attached hereto as Exhibit 1.
Dr. Cramer is expected to offer testimony ing
Plaintiff's condition, care, and
treatment, as well as her medical history, including but not limited to, her diagnosis, treatment
and prognosis. Dr. Cramer is expected to offer opinions regarding the nature and extent of the
alleged injuries sustained by Plaintiff, the reasonableness and necessity of medical treatment
rendered to Plaintiff and the charges therefor, the causation of the ongoing complaints of pain
and disability made by Plaintiff, the prospects for Plaintiff's recovery from her alleged injuries,
the nature and effect of any pre existing injuries Plaintiff sustained before the incident in
question, the need for future medical treatment for Plaintiff’s alleged injuries, and related issues.
He may also controvert the testimony and opinions of Plaintiff's experts who have been
designated to testify regarding such issues, or any other matters that may be supplemented as
discovery in this case continues and in accordance with the Texas Rules of Civil Procedure. Dr.
Cramer may also testify regarding any opinion or fact or issue raised by Plaintiffs witnesses or
experts within his area of expertise. It is expected that Dr. Cramer will review
the depositions of
Plaintiff and other designated
experts, if and when taken in this matter.
Dr. Cramer's opinions are based upon his review of the medical and hilling records,
documents, tangible things, reports, models or data compilations produced in this lawsuit, as well
as his education, training and experience.
NON RETAINED EXPERTS
The following witnesses were originally identified by Plaintiff and Defendants have little
knowledge of the nature of the testimony that will be provided by these witnesses. Defendants
reserve the right to seek lay or expert opinion testimony from any witnesses designated by
Plaintiff. Defendants do not concede that Plaintiff’s designated expert witnesses are qualified or
that their testimony is reliable or reasonably calculated to aid the jury in its evaluation of relevant
issues. Witnesses identified by Plaintiff who have been or may be designated for expert
testimony include the following:
Dr. Scott Stanislaw, MD
Fondren Orthopedic Group
Custodian of records
601 Rockmead.
Kingwood, Texas 77339
(281) 359
Gregg Stock, M.D.
Fondren Orthopedic Group
Custodian of records
7401 Main
Houston, Texas 77030
(713) 799
Jeff
M. Arthur M.D.
Custodian of records
18955 Memorial North, Suite 550
Humble, Texas 77338
(281) 943
Musculetecal Radiology
Custodian of records
Lab Corp
Theraworks
Custodian of records
605 Rockmead, Suite 200
Kingwood, Texas 77339
(281) 348
Prashanth
R. Palwai, M.D.
Custodian of records
(281) 319
Christopher Loar, M.D.
Custodian of records
22999 US 59, #4180
Kingwood, Texas 77339
(281) 359
Kroger Pharmacy
Custodian of records
3410 North Park
Kingwood, Texas 77339
(281) 361
Defendants reserve the right to supplement this designation with additional designations
of experts within the time limits imposed by the Court or any alterations made by subsequent
Court order, agreement of the parties, and/or identification of witnesses during depositions.
Defendants reserve the right to designate additional experts upon the designation of
supplemental witnesses by Plaintiffs.
Defendant also reserve the right to call undesignated
rebuttal expert
or fact witnesses,
whose testimony cannot be foreseen until the presentation of evidence requiring such additional
witnesses.
Defendant further reserve the right to elicit, by way of cross examination, opinion
testimony from experts designated and/or called by Plaintiff or any other party. Defendant may
call as witnesses
any of Plaintiff experts.
This designation is incorporated by reference into all prior discovery responses
requesting the identification of experts and their opinions, including but not limited to
Defendants’ esponses to Request for Disclosure, Requests for Production and Interrogatories.
Defendants further reserve the right to withdraw the designation of any expert and to aver
positively that any such previously designated expert will not be called
as a witness
at trial, and
to re designate same as a consulting expert, who cannot be called by opposing counsel, in
ccordance with the Texas Rules of Civil Procedure.
espectfully submitted,
ARTIN ISIERE EFFERSON ISsDOM L.L.P.
By: /s/ Andrew M. Scott
R. Andrew Schulz
State Bar No. 24033048
mail:Schulz__ mdjwlaw.com
Andrew M. Scott
State Bar No. 24075042
Email: scott}@mdjwlaw.com
Las Cimas IV
900 S. Capital of Texas Highway, Suite 425
Austin, Texas 78746
(512) 610
(512) 610
ATTORNEYS FOR DEFENDANT
KELLY ACQUISITION, INC. AND
DAVID KELLY
CERTIFICATE OF SERVICE
This is to certify that on the 23rd day of April, 2013, a true and conect copy of the
foregoing instrument was sent via electronic filing, facsimile and/or certified mail, retum receipt
requested to the following counsel of record:
James Martin
4429 Town Center Place
Kingwood, TX 77339
Attorney for Plaintiff
Craig Shivers
Patrick Smith
AMSEY URRAY
800 Gessner Road, Suite 250
Houston, Texas 77024
ttorney for Defendants
The Fitness Contractors,
Speed Incorporated and SpeedDodson
/s/ Andrew
M. Scott
Andrew M. Scott
Preview
Filed 13 April 23 A8:30 Chris Daniel - District Clerk Harris Coun! ED101) 017445101 By: anita perez CAUSE NO. 30259 BRENDA SIEBERT IN THE DISTRICT COURT OF KINGWOOD ATHLETIC CLUB, HARRIS COUNTY, TEXAS KELLY ACQUISITION, INC., DAVID KELLY, THE FITNESS CONTRACTORS, SPEED INCORPORATED AND SPEED DODSON 165THJUDICIAL DISTRICT DEFENDANTS KELLY ACQUISITION, INC. AND DAVID KELLY’S DESIGNATIONOF EXPERT WITNESSES Defendants Kelly Acquisition, Inc. and David Kelly (collectivdy “Defendants”) respectfully file and submit Defendants’ Designation of Expert Witnesses as follows, and with this response Defendants also supplement all prior responses to Requests for Disclosures or other discovery requests seeking information about expert witnesses who are expected to testify PRELIMINARY MATTERS a preliminary statement to all of the following designations, Defendants note that Plaintiff has not provided all or part of the information or documents required to be disclosed by Texas Rule of Civil Procedure 194.2(f) for some of her experts. Plaintiff's failure to comply with the rules and provide the identity or substance of her expert’s opinions makes it impossible for Defendants’ experts to provide detailed opinions. Defendants expressly reserve the right to supplement this designation of experts with reports additional information, and additional experts should Plaintiff be permitted by the Court to untimely designate experts and/or disclose information forDefendants’ experts to review and analyze. RETAINED EXPERTS Defendant hereby designate the following individual a retained testifying expert in this case W. Owen Cramer, M.D. 1315 S. Joseph Pkwy Houston, Texas 77002 (713) 652 Dr. Cramer is a board certifiedsurgeon. Dr. Cramer received his medical degree from the University of Texas Houston in 1976, and intemed at St. Joseph’s Hospital in Houston, Texas from 1976 to 1977. He was a resident in general surgery at St Joseph’s Hospital in Houston, Texas from 1977 to 1981. In addition, Dr. Cramer has served as an associate clinical professor at Baylor College of Medicine and the University of Texas Medical Branch. A copy of Dr. Cramer's curriculum vitae is attached hereto as Exhibit 1. Dr. Cramer is expected to offer testimony ing Plaintiff's condition, care, and treatment, as well as her medical history, including but not limited to, her diagnosis, treatment and prognosis. Dr. Cramer is expected to offer opinions regarding the nature and extent of the alleged injuries sustained by Plaintiff, the reasonableness and necessity of medical treatment rendered to Plaintiff and the charges therefor, the causation of the ongoing complaints of pain and disability made by Plaintiff, the prospects for Plaintiff's recovery from her alleged injuries, the nature and effect of any pre existing injuries Plaintiff sustained before the incident in question, the need for future medical treatment for Plaintiff’s alleged injuries, and related issues. He may also controvert the testimony and opinions of Plaintiff's experts who have been designated to testify regarding such issues, or any other matters that may be supplemented as discovery in this case continues and in accordance with the Texas Rules of Civil Procedure. Dr. Cramer may also testify regarding any opinion or fact or issue raised by Plaintiffs witnesses or experts within his area of expertise. It is expected that Dr. Cramer will review the depositions of Plaintiff and other designated experts, if and when taken in this matter. Dr. Cramer's opinions are based upon his review of the medical and hilling records, documents, tangible things, reports, models or data compilations produced in this lawsuit, as well as his education, training and experience. NON RETAINED EXPERTS The following witnesses were originally identified by Plaintiff and Defendants have little knowledge of the nature of the testimony that will be provided by these witnesses. Defendants reserve the right to seek lay or expert opinion testimony from any witnesses designated by Plaintiff. Defendants do not concede that Plaintiff’s designated expert witnesses are qualified or that their testimony is reliable or reasonably calculated to aid the jury in its evaluation of relevant issues. Witnesses identified by Plaintiff who have been or may be designated for expert testimony include the following: Dr. Scott Stanislaw, MD Fondren Orthopedic Group Custodian of records 601 Rockmead. Kingwood, Texas 77339 (281) 359 Gregg Stock, M.D. Fondren Orthopedic Group Custodian of records 7401 Main Houston, Texas 77030 (713) 799 Jeff M. Arthur M.D. Custodian of records 18955 Memorial North, Suite 550 Humble, Texas 77338 (281) 943 Musculetecal Radiology Custodian of records Lab Corp Theraworks Custodian of records 605 Rockmead, Suite 200 Kingwood, Texas 77339 (281) 348 Prashanth R. Palwai, M.D. Custodian of records (281) 319 Christopher Loar, M.D. Custodian of records 22999 US 59, #4180 Kingwood, Texas 77339 (281) 359 Kroger Pharmacy Custodian of records 3410 North Park Kingwood, Texas 77339 (281) 361 Defendants reserve the right to supplement this designation with additional designations of experts within the time limits imposed by the Court or any alterations made by subsequent Court order, agreement of the parties, and/or identification of witnesses during depositions. Defendants reserve the right to designate additional experts upon the designation of supplemental witnesses by Plaintiffs. Defendant also reserve the right to call undesignated rebuttal expert or fact witnesses, whose testimony cannot be foreseen until the presentation of evidence requiring such additional witnesses. Defendant further reserve the right to elicit, by way of cross examination, opinion testimony from experts designated and/or called by Plaintiff or any other party. Defendant may call as witnesses any of Plaintiff experts. This designation is incorporated by reference into all prior discovery responses requesting the identification of experts and their opinions, including but not limited to Defendants’ esponses to Request for Disclosure, Requests for Production and Interrogatories. Defendants further reserve the right to withdraw the designation of any expert and to aver positively that any such previously designated expert will not be called as a witness at trial, and to re designate same as a consulting expert, who cannot be called by opposing counsel, in ccordance with the Texas Rules of Civil Procedure. espectfully submitted, ARTIN ISIERE EFFERSON ISsDOM L.L.P. By: /s/ Andrew M. Scott R. Andrew Schulz State Bar No. 24033048 mail:Schulz__ mdjwlaw.com Andrew M. Scott State Bar No. 24075042 Email: scott}@mdjwlaw.com Las Cimas IV 900 S. Capital of Texas Highway, Suite 425 Austin, Texas 78746 (512) 610 (512) 610 ATTORNEYS FOR DEFENDANT KELLY ACQUISITION, INC. AND DAVID KELLY CERTIFICATE OF SERVICE This is to certify that on the 23rd day of April, 2013, a true and conect copy of the foregoing instrument was sent via electronic filing, facsimile and/or certified mail, retum receipt requested to the following counsel of record: James Martin 4429 Town Center Place Kingwood, TX 77339 Attorney for Plaintiff Craig Shivers Patrick Smith AMSEY URRAY 800 Gessner Road, Suite 250 Houston, Texas 77024 ttorney for Defendants The Fitness Contractors, Speed Incorporated and SpeedDodson /s/ Andrew M. Scott Andrew M. Scott