Preview
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CAUSE NO. 2008-64753 4;"2tiyy
la
ies
BARRY OLSEN IN THE DISTRICT cou es,
Plaintiff
* Ane
Vv HARRIS COUNTY? 20g :iy
IDM EQUIPMENT, LLC
Defendant 28157 JUDICIAL DISTRICT
DEFENDANT'S DESIGNATION OF EXPERT WITNESSES
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW, IDM EQUIPMENT, LLC ("IDM" or “Defendant"), Defendant
herein, who hereby designates the following experts or opinion witnesses whom they may
call to testify at the trial of this cause:
I
NON-RETAINED EXPERTS:
The following witnesses have not been specifically retained as expert witnesses in
this case, but may be called upon to give testimony in the form of opinions within their
respective areas of knowledge and expertise and may be called upon to testify concerning
any one or more of the following matters:
Chris C. Pappas
Ronald G. Bankston
Kane Russell Coleman & Logan PC
1010 Lamar Street, Suite 1800
Houston, Texas 77002
713-425-7400
425-425-7700 (fax)
The witnesses identified above are expected to testify on issues related to
attorneys’ fees incurred by the parties in this matter. They may testify on various factors,
including but not limited to, the number of hours worked, the type of work performed, the
816480 v1 (65280.00002.000)
@ @
nature of the work, the reasonable hourly rates in Houston, Harris County, Texas, a
review of the fee bills, and offer rebuttal testimony on the subject of attorneys’ fees.
I.
RESERVATION OF RIGHT TO SUPPLEMENT DESIGNATION
Defendant reserves the right to supplement this designation with additional
designations of experts within any time limits imposed by the Court or any alterations of
same by subsequent court order or agreement of the parties or pursuant to the Texas
Rules of Civil Procedure and/or the Texas Rules of Civil Evidence.
Til.
CROSS-EXAMINATION
Defendant reserves the right to elicit, by way of cross-examination, opinion
testimony from experts designated and called by other parties to the suit. Defendant may
also call, as witness associated with other parties, any expert witness of any party who
may be added to this lawsuit.
Iv.
RIGHT TO WITHDRAW DESIGNATION OF ANY EXPERT
Defendant reserves 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 to
trial and to redesignate same as a consulting expert, who cannot be called by opposing
counsel.
Vv.
RIGHT TO ELICIT ANY EXPERT OPINION OR LAY OPINION TESTIMONY
Defendant reserves the right to elicit any expert opinion or lay opinion testimony
at the time of trial which would be truthful, which would be of benefit to the jury to
816480 v1 (65280.00002.000)
'
@ e
determine material issues of fact, which would not be violative of any existing court
order or the Texas Rules of Civil Procedure.
VI
DESIGNATION OF ADVERSE PARTIES
Defendant hereby designates as expert witnesses adverse parties, potentially
adverse parties, and/or as adverse witnesses associated parties, all parties to this suit and
all experts designated by any party to this suit, even if the designating party is not a party
to the suit at the time of trial. In the event that present or future parties designated an
expert, but are subsequently dismissed for any reason from the suit or fail to call any
designated expert, Defendant reserves the right to designate and/or call any such party or
any such experts previously designated by any party. Defendant designates as adverse
experts all other experts designated by any other party, the name, address and telephone
number of which is not known a this time.
VII.
GENERAL CROSS-DESIGNATION
In addition to the foregoing, Defendant hereby reserves the right to call any one or
more of the expert or opinion witnesses properly designated by any other party or litigant
in this lawsuit in accordance with the Texas rules of Civil Procedure.
VILL.
RESERVATION OF RIGHT TO CALL DEPONENTS
Defendant further reserves the right to call any witness that has or will testify by
way of deposition in this case for the purpose of offering opinion or expert testimony at
the trial of this cause.
816480 v1 (65280.00002.000)
e
Respectfully submitted,
KANE RUSSELL COLEMAN & LOGAN PC
wy Chas Cbdpe
Curis C. PAPPAS
STATE BaR No. 15454300
1010 Lama, SuiTe 1800
Houston, TEXAS 77002
713.425.7400 -TELEPHONE
713.425.7550— FACSIMILE
ATTORNEYS FOR DEFENDANT
IDM EQuiPpMENT, LLC
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the above and foregoing document
has been sent to all known counsel by first class mail, telecopy, hand delivery and/or
certified mail, return receipt requested on this the 15th day of October, 2009:
David A. Bryant, Jr.
The Bryant Law Firm
18 Augusta Pines Dr., Suite 200E
Spring, Texas 77389
Ch CI.
Chris Pappas/David J. Mullican, Jr.
816480 v1 (65280.00002.000)
e
Christopher C. Pappas
Director
7ee ot v
bid she oe
Practice Area(s): au
Litigation
Personal Injury Defense Group
Professional Defense Group
Education: University of Texas at Austin, B.A.
Law School: University of Houston, Bates College of Law, J.D.
Admitted to the State Bar of Texas: 1977
Mr. Pappas, a director of the Firm, practices in the Litigation Practice Area. He is well known in
legal circles, particularly when the discussions involve personal injury trial litigation, construction
litigation and insurance defense matters. He has extensive courtroom experience and has
successfully defended thousands of personal injury claims, construction claims, product liability
claims, premises liability claims and insurance disputes. Additionally, he has successfully
defended and tried numerous high exposure employment discrimination and wrongful termination
lawsuits. Chris serves as Regional Counsel, Specialty Counsel and/or Panel Counsel for various
corporations and Insurers, including Atlas Copco Corp., Rental Service Corporation, Beazer
Homes, Tumer Construction, Liberty Mutual Insurance and American Safety. His practice also
involves assisting with the implementation and designing of litigation management
protocols/systems for corporations and insurers.
Scope of Practice: Personal injury trial law, construction, insurance, product liability,
commercial litigation, mass tort litigation.
Publications & Presentations: /nsurance Coverage Law in Texas, CLE Seminar/NBI, Houston,
Texas August 31, 2004; Paralegals Guide to Admissibility of Evidence and Expert Testimony,
presented at NBI Seminar, Houston, Texas, February 24, 2004; Handling the Automobile Injury
Claim in Texes, presented at a legal seminar in Houston, Texas, January 28, 2004; Strategizing
for Minimizing Damages in Civil Cases, presented to HBA/HLAA, Houston, Texas, August, 2003:
Construction Law Developments and Update, presented to the Texas Association of Defense
Counsel Seminar, Cancun, Mexico, July 2003; Damages in Texas Civil Trial Practice, presented
at legal seminar in Houston, Texas, June 2003; Trying the Automobile Injury Case in Texas,
presented at a legal seminar in Houston, Texas, March 2003; Trial Advocacy in Texas, presented
to NBI CLE Seminar, Houston, Texas, July 2001.
Professional Affiliations: American Bar Association (Litigation Section); American Board of
Trial Advocates; Associations of Trial Lawyers of America (Civil Sections); Bar Association of the
Fifth Federal Circuit; College of the State Bar of Texas; Defense Research Institute; Houston Bar
Association; Institute for Responsible Dispute Resolution, Charter Member; International
Association of Defense Counsel; State Bar of Texas (Construction Law Section); Texas
Association of Defense Counsel; Texas Center for Legal Ethics and Professionalism.
Community Activities: Scenic Houston Board of Directors, Vice-Chairman 2008; Appointed
Member of Mayor Lee Brown's Houston Challenge 2000 Committee; Community National Bank,
Board Member, 2007 Jewish Community Center Scholarship Gala, Honorary Chair; Nominee,
American Biographical Institute's Man of the Year Award, 1993; Scenic Houston, Board Member,
South Texas College of Law - Frank Evans Center for Conflict Resolution, Advisory Director:
Super Chef Manufacturing Company, Board Member and President; Team Captain and
Participant - YMCA's Partners of Youth Campaign; TEX-PIRG Board of Directors, Travis County,
Member/Director, 1972.
68280-2
1DM
e @
Recent Honors: Selected as one of Houston's “Top Lawyers for the People" by H Texas
magazine, 2008; named in Texas Super Lawyers® and Texas Monthly magazines as one of the
top business litigation attorneys in Texas selected by Law & Politics, 2005 - 2008; selected as
one of "Houston's Top Lawyers” by H Texas magazine, 2005-2007; Special Counsel-Prosecutor
for the State Bar of Texas; Special Participant in the Houston Bar Association Mentor Program;
Marquis Who's Who in American Law; Who's Who Among Practicing Attorneys; Chairman,
Selection Committee of the Texas Bar Foundation Fellows re: Outstanding Review Article Award;
Who's Who Among Rising Young American in American Society, 1992; Who's Who in Houston,
1980; Sustaining Life Fellow, Texas Bar Foundation, 1988; Fellow, Houston Bar Foundation,
1982; Reciplent of President's Award from the Houston Bar Association - 1981-1982, 1982-1983
and 1983-1984; Editor, Co-Editor and Associate Editor of The Houston Lawyer magazine from
1981 through 1984.
Admissions & Certifications: State Courts of Texas; U.S. Court of Appeals, Fifth and Seventh
Circults; U.S. District Court for the Eastern District of Wisconsin; U.S. District Courts for the
Northern, Eastern, Southern and Western Districts of Texas; Martindale Hubbell, AV Rated.
Education: University of Houston, Bates College of Law (J.D., 1977); University of Texas at
Austin (B.A., 1974).
082802
10M
65.
@
Ronald G. Bankston
Director
eo os
Practice Area(s):
Litigation
Medical Peer Review
Personal Injury Defense Group
Education: University of Houston, B.A. re
Law School: University of Houston School of Law, J.D.
Admitted to the State Bar of Texas: 1977
Mr. Bankston, a director of the Firm, practices in the Litigation Practice Area. He is a veteran of
more than 100 jury trials who has been recognized in the national Martindale Hubbell Bar
Register of Preeminent Lawyers and the 2008-2007 Marquis Who's Who In American Law. He
has spent his adult life counseling and representing corporations, professionals, smali
businesses, individuals, families, and governmental entities. He belleves the legal profession is a
helping profession and that there is nothing more gratifying than helping others solve problems
and resolve disputes. His career is dedicated to ensuring that his clients not only receive high
quality legal services, but also that each one is treated as an individual, with compassion,
respect, integrity and faimess. Ron is also an experienced mediator who has provided mediation
services to a wide variety of parties and attorneys. His experienced ‘voice of reason’ and patient
persistence have facilitated the resolution of many difficult, complex disputes.
Scope of Practice: Personal injury trial law and commercial litigation.
Publications & Presentations: Guest Lecturer and Instructor, Trial Advocacy, University of
Houston Law Center; Lecturer, Mediation, Product Liability, Construction and Premises Liability,
Water Park and Aquatic Safety Liability and Rental Equipment Liability, Author, Personal Injury
Forms: Discovery & Settlement, (James Publishing, 2006).
Professlonal Affillations: Association of Attorney-Mediators, Member, American Association for
Justice, Member, Attorney-Mediators Institute, Member; Houston Bar Foundation, Life Fellow;
American Board of Trial Advocates, Member; Houston Trial Lawyers’ Association, Member and
Past Director, Society of Professionals in Dispute Resolution, Member, Texas Association of Civil
Trial and Appellate Specialists, Member, Texas Bar Foundation, Life Fellow; Texas Trial Lawyers’
Association, Member.
Community Activities: Houston Zoo, Member and supporter, Museum of Fine Arts, Member
and supporter; Rice University Paralegal Certificate Program, Lead Instructor and Academic
Advisor.
Recent Honors: Named in Texas Super Lawyers® and Texas Monthly magazines as one of the
top business litigation attorneys in Texas selected by Law & Politics, 2007 & 2008; Bar Register
of Preeminent Lawyers; American Board of Trial Advocates (ABOTA); Distinguished Faculty,
Continuing Legal Education Programs, Houston Bar Association; Who's Who in American Law
2008-2007; Special Counsel-Prosecutor and Expert Witness for the Commission For Lawyer
Discipline and State Bar of Texas.
Admissions & Certifications: State Bar of Texas; Texas Supreme Court; U.S. Court of
Appeals, Fifth Circuit; U.S. Court of Claims; U.S. District Courts for the Southern and Eastern
Districts of Texas; Board Certified, Personal Injury Trial Law, Texas Board of Legal
Specializations; Martindale Hubbeil, AV Rated.
Education: University of Houston, Bates College of Law (J.D., 1977); University of Houston
(BA, 1974).
65280-2
IDM.
66.
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Se re, ¥;, ” CAUSE NO. 2008-64753 4;"2tiyy la ies BARRY OLSEN IN THE DISTRICT cou es, Plaintiff * Ane Vv HARRIS COUNTY? 20g :iy IDM EQUIPMENT, LLC Defendant 28157 JUDICIAL DISTRICT DEFENDANT'S DESIGNATION OF EXPERT WITNESSES TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW, IDM EQUIPMENT, LLC ("IDM" or “Defendant"), Defendant herein, who hereby designates the following experts or opinion witnesses whom they may call to testify at the trial of this cause: I NON-RETAINED EXPERTS: The following witnesses have not been specifically retained as expert witnesses in this case, but may be called upon to give testimony in the form of opinions within their respective areas of knowledge and expertise and may be called upon to testify concerning any one or more of the following matters: Chris C. Pappas Ronald G. Bankston Kane Russell Coleman & Logan PC 1010 Lamar Street, Suite 1800 Houston, Texas 77002 713-425-7400 425-425-7700 (fax) The witnesses identified above are expected to testify on issues related to attorneys’ fees incurred by the parties in this matter. They may testify on various factors, including but not limited to, the number of hours worked, the type of work performed, the 816480 v1 (65280.00002.000) @ @ nature of the work, the reasonable hourly rates in Houston, Harris County, Texas, a review of the fee bills, and offer rebuttal testimony on the subject of attorneys’ fees. I. RESERVATION OF RIGHT TO SUPPLEMENT DESIGNATION Defendant reserves the right to supplement this designation with additional designations of experts within any time limits imposed by the Court or any alterations of same by subsequent court order or agreement of the parties or pursuant to the Texas Rules of Civil Procedure and/or the Texas Rules of Civil Evidence. Til. CROSS-EXAMINATION Defendant reserves the right to elicit, by way of cross-examination, opinion testimony from experts designated and called by other parties to the suit. Defendant may also call, as witness associated with other parties, any expert witness of any party who may be added to this lawsuit. Iv. RIGHT TO WITHDRAW DESIGNATION OF ANY EXPERT Defendant reserves 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 to trial and to redesignate same as a consulting expert, who cannot be called by opposing counsel. Vv. RIGHT TO ELICIT ANY EXPERT OPINION OR LAY OPINION TESTIMONY Defendant reserves the right to elicit any expert opinion or lay opinion testimony at the time of trial which would be truthful, which would be of benefit to the jury to 816480 v1 (65280.00002.000) ' @ e determine material issues of fact, which would not be violative of any existing court order or the Texas Rules of Civil Procedure. VI DESIGNATION OF ADVERSE PARTIES Defendant hereby designates as expert witnesses adverse parties, potentially adverse parties, and/or as adverse witnesses associated parties, all parties to this suit and all experts designated by any party to this suit, even if the designating party is not a party to the suit at the time of trial. In the event that present or future parties designated an expert, but are subsequently dismissed for any reason from the suit or fail to call any designated expert, Defendant reserves the right to designate and/or call any such party or any such experts previously designated by any party. Defendant designates as adverse experts all other experts designated by any other party, the name, address and telephone number of which is not known a this time. VII. GENERAL CROSS-DESIGNATION In addition to the foregoing, Defendant hereby reserves the right to call any one or more of the expert or opinion witnesses properly designated by any other party or litigant in this lawsuit in accordance with the Texas rules of Civil Procedure. VILL. RESERVATION OF RIGHT TO CALL DEPONENTS Defendant further reserves the right to call any witness that has or will testify by way of deposition in this case for the purpose of offering opinion or expert testimony at the trial of this cause. 816480 v1 (65280.00002.000) e Respectfully submitted, KANE RUSSELL COLEMAN & LOGAN PC wy Chas Cbdpe Curis C. PAPPAS STATE BaR No. 15454300 1010 Lama, SuiTe 1800 Houston, TEXAS 77002 713.425.7400 -TELEPHONE 713.425.7550— FACSIMILE ATTORNEYS FOR DEFENDANT IDM EQuiPpMENT, LLC CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the above and foregoing document has been sent to all known counsel by first class mail, telecopy, hand delivery and/or certified mail, return receipt requested on this the 15th day of October, 2009: David A. Bryant, Jr. The Bryant Law Firm 18 Augusta Pines Dr., Suite 200E Spring, Texas 77389 Ch CI. Chris Pappas/David J. Mullican, Jr. 816480 v1 (65280.00002.000) e Christopher C. Pappas Director 7ee ot v bid she oe Practice Area(s): au Litigation Personal Injury Defense Group Professional Defense Group Education: University of Texas at Austin, B.A. Law School: University of Houston, Bates College of Law, J.D. Admitted to the State Bar of Texas: 1977 Mr. Pappas, a director of the Firm, practices in the Litigation Practice Area. He is well known in legal circles, particularly when the discussions involve personal injury trial litigation, construction litigation and insurance defense matters. He has extensive courtroom experience and has successfully defended thousands of personal injury claims, construction claims, product liability claims, premises liability claims and insurance disputes. Additionally, he has successfully defended and tried numerous high exposure employment discrimination and wrongful termination lawsuits. Chris serves as Regional Counsel, Specialty Counsel and/or Panel Counsel for various corporations and Insurers, including Atlas Copco Corp., Rental Service Corporation, Beazer Homes, Tumer Construction, Liberty Mutual Insurance and American Safety. His practice also involves assisting with the implementation and designing of litigation management protocols/systems for corporations and insurers. Scope of Practice: Personal injury trial law, construction, insurance, product liability, commercial litigation, mass tort litigation. Publications & Presentations: /nsurance Coverage Law in Texas, CLE Seminar/NBI, Houston, Texas August 31, 2004; Paralegals Guide to Admissibility of Evidence and Expert Testimony, presented at NBI Seminar, Houston, Texas, February 24, 2004; Handling the Automobile Injury Claim in Texes, presented at a legal seminar in Houston, Texas, January 28, 2004; Strategizing for Minimizing Damages in Civil Cases, presented to HBA/HLAA, Houston, Texas, August, 2003: Construction Law Developments and Update, presented to the Texas Association of Defense Counsel Seminar, Cancun, Mexico, July 2003; Damages in Texas Civil Trial Practice, presented at legal seminar in Houston, Texas, June 2003; Trying the Automobile Injury Case in Texas, presented at a legal seminar in Houston, Texas, March 2003; Trial Advocacy in Texas, presented to NBI CLE Seminar, Houston, Texas, July 2001. Professional Affiliations: American Bar Association (Litigation Section); American Board of Trial Advocates; Associations of Trial Lawyers of America (Civil Sections); Bar Association of the Fifth Federal Circuit; College of the State Bar of Texas; Defense Research Institute; Houston Bar Association; Institute for Responsible Dispute Resolution, Charter Member; International Association of Defense Counsel; State Bar of Texas (Construction Law Section); Texas Association of Defense Counsel; Texas Center for Legal Ethics and Professionalism. Community Activities: Scenic Houston Board of Directors, Vice-Chairman 2008; Appointed Member of Mayor Lee Brown's Houston Challenge 2000 Committee; Community National Bank, Board Member, 2007 Jewish Community Center Scholarship Gala, Honorary Chair; Nominee, American Biographical Institute's Man of the Year Award, 1993; Scenic Houston, Board Member, South Texas College of Law - Frank Evans Center for Conflict Resolution, Advisory Director: Super Chef Manufacturing Company, Board Member and President; Team Captain and Participant - YMCA's Partners of Youth Campaign; TEX-PIRG Board of Directors, Travis County, Member/Director, 1972. 68280-2 1DM e @ Recent Honors: Selected as one of Houston's “Top Lawyers for the People" by H Texas magazine, 2008; named in Texas Super Lawyers® and Texas Monthly magazines as one of the top business litigation attorneys in Texas selected by Law & Politics, 2005 - 2008; selected as one of "Houston's Top Lawyers” by H Texas magazine, 2005-2007; Special Counsel-Prosecutor for the State Bar of Texas; Special Participant in the Houston Bar Association Mentor Program; Marquis Who's Who in American Law; Who's Who Among Practicing Attorneys; Chairman, Selection Committee of the Texas Bar Foundation Fellows re: Outstanding Review Article Award; Who's Who Among Rising Young American in American Society, 1992; Who's Who in Houston, 1980; Sustaining Life Fellow, Texas Bar Foundation, 1988; Fellow, Houston Bar Foundation, 1982; Reciplent of President's Award from the Houston Bar Association - 1981-1982, 1982-1983 and 1983-1984; Editor, Co-Editor and Associate Editor of The Houston Lawyer magazine from 1981 through 1984. Admissions & Certifications: State Courts of Texas; U.S. Court of Appeals, Fifth and Seventh Circults; U.S. District Court for the Eastern District of Wisconsin; U.S. District Courts for the Northern, Eastern, Southern and Western Districts of Texas; Martindale Hubbell, AV Rated. Education: University of Houston, Bates College of Law (J.D., 1977); University of Texas at Austin (B.A., 1974). 082802 10M 65. @ Ronald G. Bankston Director eo os Practice Area(s): Litigation Medical Peer Review Personal Injury Defense Group Education: University of Houston, B.A. re Law School: University of Houston School of Law, J.D. Admitted to the State Bar of Texas: 1977 Mr. Bankston, a director of the Firm, practices in the Litigation Practice Area. He is a veteran of more than 100 jury trials who has been recognized in the national Martindale Hubbell Bar Register of Preeminent Lawyers and the 2008-2007 Marquis Who's Who In American Law. He has spent his adult life counseling and representing corporations, professionals, smali businesses, individuals, families, and governmental entities. He belleves the legal profession is a helping profession and that there is nothing more gratifying than helping others solve problems and resolve disputes. His career is dedicated to ensuring that his clients not only receive high quality legal services, but also that each one is treated as an individual, with compassion, respect, integrity and faimess. Ron is also an experienced mediator who has provided mediation services to a wide variety of parties and attorneys. His experienced ‘voice of reason’ and patient persistence have facilitated the resolution of many difficult, complex disputes. Scope of Practice: Personal injury trial law and commercial litigation. Publications & Presentations: Guest Lecturer and Instructor, Trial Advocacy, University of Houston Law Center; Lecturer, Mediation, Product Liability, Construction and Premises Liability, Water Park and Aquatic Safety Liability and Rental Equipment Liability, Author, Personal Injury Forms: Discovery & Settlement, (James Publishing, 2006). Professlonal Affillations: Association of Attorney-Mediators, Member, American Association for Justice, Member, Attorney-Mediators Institute, Member; Houston Bar Foundation, Life Fellow; American Board of Trial Advocates, Member; Houston Trial Lawyers’ Association, Member and Past Director, Society of Professionals in Dispute Resolution, Member, Texas Association of Civil Trial and Appellate Specialists, Member, Texas Bar Foundation, Life Fellow; Texas Trial Lawyers’ Association, Member. Community Activities: Houston Zoo, Member and supporter, Museum of Fine Arts, Member and supporter; Rice University Paralegal Certificate Program, Lead Instructor and Academic Advisor. Recent Honors: Named in Texas Super Lawyers® and Texas Monthly magazines as one of the top business litigation attorneys in Texas selected by Law & Politics, 2007 & 2008; Bar Register of Preeminent Lawyers; American Board of Trial Advocates (ABOTA); Distinguished Faculty, Continuing Legal Education Programs, Houston Bar Association; Who's Who in American Law 2008-2007; Special Counsel-Prosecutor and Expert Witness for the Commission For Lawyer Discipline and State Bar of Texas. Admissions & Certifications: State Bar of Texas; Texas Supreme Court; U.S. Court of Appeals, Fifth Circuit; U.S. Court of Claims; U.S. District Courts for the Southern and Eastern Districts of Texas; Board Certified, Personal Injury Trial Law, Texas Board of Legal Specializations; Martindale Hubbeil, AV Rated. Education: University of Houston, Bates College of Law (J.D., 1977); University of Houston (BA, 1974). 65280-2 IDM. 66.