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CAUSE NO. 2019 05237
BRY’ANA CROOKS, IN THE DISTRICT COURT OF
Plaintiff,
VS. HARRIS COUNTY, TEXAS
ERICK LIMON AND CME
TRUCKING INC.,
Defendants. 61ST JUDICIAL DISTRICT
DEFENDANTS’ SECOND SUPPLEMENTAL RESPONSES TO
PLAINTIFF’S REQUEST FOR DISCLOSURES AND
DESIGNATION OF EXPERT WITNESSES
TO: BRY’ANA CROOKS, Plaintiff, by and through her attorneys of record, Eric D.
Nielsen and Nicholas A. Phol, HE IELSON AW IRM 9800 Northwest Frwy., Suite
314, Houston, Texas 77092
COMES NOW, ERICK LIMON and CME TRUCKING INC., Defendants in the
above styled and numbered cause and serve their Second Supplemental Responses to
Plaintiff's Request for Disclosures and Designation of Expert Witnesses.
Respectfully submitted,
LANZA LAW FIRM, P.C.
NICK LANZA
Texas Bar No. 11941225
VIRGINIA O. PEDERSON
Texas Bar No. 24060401
2502 Algerian Way
Houston, Texas 77098
eservice@lanzalawfirm.com
vpederson@lanzalawfirm.com
(713) 432 9090 Telephone
(713) 668 6417 Facsimile
ATTORNEYS FOR DEFENDANT
CERTIFICATE OF SERVICE
I certify that a true and correct copy of this document was sent to all known counsel
of record on the 21sday of May,May, seo
2020 , as indicated:
Eric D. Nielsen Via Electronic Service
Nicholas A. Phol
HE IELSON AW IRM
9800 Northwest Frwy., Suite 314
Houston, Texas 77092
eric@nielsentriallaw.com
nick@nielsentriallaw.com
Counsel for Plaintiff
/s/ Virginia O. Pederson
VIRGINIA O. PEDERSON,
ECOND SUPPLEMENTAL RESPONSES TO REQUEST FOR DISCLOSURE
@) The correct names of the parties to the lawsuit.
RESPONSE:
Defendants are named correctly and assume Plaintiff is named correctly.
(b) The name, address, and telephone number of any potential parties.
RESPONSE:
Marco Ramos
Appliance Cowboys LLC
© The legal theories and, in general, the factual basis of the responding party’s claims or
defenses (the responding party need not marshal all evidence that may be offered at
trial).
RESPONSE:
Subject to such stipulations and admissions as may hereafter be made,
Defendant asserts a general denial as authorized by Rule 92 of the Texas Rules
of Civil Procedure and respectfully requests that Plaintiff be required to prove
the charges and allegations made against Defendant by a preponderance of the
evidence as required by the Constitution and the laws of the State of Texas.
The incident complained of in Plaintiff's First Amended Petition was caused by
the negligence and carelessness on the part of Plaintiff, and this was the sole
cause or at least a proximate cause of the incident made the basis of this lawsuit.
Defendant would further show that the accident and/or incident made the basis
of this suit was caused solely by the acts and/or omissions of thitdparties or
instrumentalities that are in no way connected with this Defendant, or
alternatively, that the acts and/or omissions of third parties or instrumentalities
other than this Defendant contributed to proximately cause the incidents in
question
For further answer, Defendant's liability, if any, for Plaintiff's medical expenses
is limited to the amount actually paid or incurred by or on behalf of Plaintiff in
accordance with Section 41.0105 of the Texas Civil Practice and Remedies Code.
Plaintiff's claims are barred, in whole or in part, by Plaintiffs failure to mitigate
damages.
Further, Defendant states that pursuant to §18.091 of the Texas Civil Practice
and Remedies Code, if Plaintiff is seeking recovery for loss of earnings, loss of
earning capacity, or loss of contributions of a pecuniary value, any evidence to
prove the alleged loss must be presented in the form ofa net loss after reduction
for income tax payments or unpaid tax liability pursuant to any federal income
tax law.
(d) The amount and any method of calculating economic damages.
RESPONSE:
Defendant is not asserting any claim for economic damages at this time.
Defendant reserves the right to contest Plaintiff's damage calculations.
© The name, address, and telephone number of persons having knowledge of relevant
facts, and a brief statement of each identified person’s connection with the case.
RESPONSE:
Bry’ana Crook
By and through her attorney of record
Eric D. Nielsen
The Nielsen Law Firm, P.C.
9800 Northwest Freeway, Suite 314
Houston, Texas 77092
T: 713524 4800
Connection to case: Plaintiff
Erick Limon
By and through his attorney of record
Virginia O. Pederson
Lanza Law Firm, P.C.
2502 Algerian Way
Houston, Texas 77098
T: 713432 9090
Connection to case: Defendant
CME Trucking, Inc. and any corporate representative who attends the trial on
behalf of this Defendant
By and through his attorney of record
Virginia O. Pederson
Lanza Law Firm, P.C.
2502 Algerian Way
Houston, Texas 77098
T: 713432 9090
Connection to case: Defendant
LaTisha Crooks
Address Unknown
T: 346308 0542
Connection to case:
Rebecca Paulus
Address Unknown
T: 832314 6824
Connection to case: : Plaintiff's Aunt
ArceneauzFields
Address Unknown
T: 832567 8360
Connection to case: : Plaintiff's Cousin
Danielle White
Address Unknown
T: 713492 302
Connection to case: : Plaintiff's ExCoworker
Tiffany Galvin
Address Unkown
T: 832942 4766
Connection to case: : Plaintiff's ExCoworker
Kisha Black
Address Unknown
T: 832530 5971
Connection to case: : Plaintiff's Cousin
Ronesha Hagan
Address Unknown
T: 832834 2484
Connection to case: : Plaintiff's Cousin
Officer I. Velezdeya
Badge No. 8783
1200 Travis Street
Houston, Texas 77002
T: 713884 3131
Investigating Officer
Houston Methodist Hospital and Custodian(s) of Medical and Billing Records
Stephen Shields, MD
Susan Ryder, RN
Jocelyn Generoso, RN
6565 Fannin
Houston, Texas 77030
T: 832667 5694
Medical Provide
Emergigroup Physicians Association and Custodian(s) of Medical and Billing
Records
P.O. Box 24125
Forth Worth, Texas
T: 817451 4208
Medical Provider
Memorial MRI & Diagnostic and Custodian(s) of Medical and Billing
Records
Dr. Matthew Dang
Dr. Chad Porter
1241 Campbell Road
Houston, Texas 77055
T: 713461 3399
Medical Provider
Spine & Orthopedic Surgical Institute and Custodian(s) of Medical and
Billing Records
Andrew Lee, MD
David Nguyen, MD
Sam LI, MD
2656 South Loop West, Suite 595
Houston, Texas 77054
T: 346980 8700
Medical Provider
United Rehabilitation and Chiropractor Clinic and Custodian(s) of Medical
and Billing Records
Jeffery Potter, DC
4828 East Mount Houston Toad
Houston, Texas 77072
T: 832243 5975
Medical Provider
Houston Radiology Associated and Custodian(s) of Medical and Billing
Records
2190 N. Loop West, Suite 250
Houston, Texas 77018
T: 855833 9516
Medical Provider
Keystone Surgery Center and Custodian(s) of Medical and Billing Records
Andrew Lee, MD
10005 S. Main St.
Houston, Texas 77025
T: 346701 8000
Medical Provider
Premium Interventional Pain Management Ctr. and Custodian(s) of Medical
and Billing Records
Nicole Mirra, NP
2405 Jackson St.
Houston, Texas 77003
T: 713371 8141
Medical Provider
Memorial Hermann Greater Heights Hospital and Custodian(s) of Medical
and Billing Records
1635 N. Loop West
Houston, Texas 77008
T: 713867 2000
Medical Provider
Marco Ramos
Appliance Cowboys LLC
Contact information unknown
Involved in car accident with Plaintiff, for which she claimed injuries, two
months prior to the accident at issue
For any testifying expert:
(1) the expert’s name, address, and telephone number;
2) the subject matter on which the expert will testify;
GB) the general substance of the expert’s mental impressions 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 the control of
the responding party:
(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
anticipationof the expert’s testimony; and
B) the expert’s current resume and bibliography.
RESPONSE:
Retained Experts and/or Experts Under the Control of Defendant
Dr. Andrew P. Kant
KSF Orthopaedic Center, P.A.
17270 Red Oak Drive, Suite 200
Houston, Texas 77090
(281) 4406980
Dr. Kant is a boardcertified orthopedic surgeon. It is anticipated that he will
offer testimony regarding Plaintiff's medical condition before the accident and
after the accident and the effect of the accident, or lack thereof, on her medical
condition. Dr. Kant will also likely evaluate Plaintiff through an independent
medical examination. His opinions are based upon his review of records
ptoduced by the patties, as well as his experience, education, and training, and
are set forth, in part, through his initial report, previously produced as Exhibit
His experience, education, and training ate generally delineated in his
curriculum vitae, previously produced as Exhibit “B.” His supplemental report
is attached hereto as Exhibit “C.”
Dr. Kant has been provided the following documents:
All Medical records
Plaintiff's Responses to Defendant’s Request for Disclosure
Plaintiff's Objections and Responses to Defendant’s Requests for Production
Plaintiff's Objections and Responses to Defendant’s First Set of
Interrogatories
Plaintiff's Supplemental Responses to Defendant’s Request for Disclosure
Plaintiff's First Amended Responses to Defendant’s Request for Disclosure
Defendant Erick Limon’s Responses to Plaintiff's Request for Disclosures
Defendant Erick Limon’s Objections and Responses to Plaintiff's First
Request for Production
Defendant Erick Limon’s Objections and Responses to Plaintiff's First Set of
Interrogatories
CME Trucking, Inc.’s Response to Plaintiffs First Request for Production
CME Trucking, Inc.’s Response to Plaintiffs First Request for Admissions
CME Trucking, Inc.’s Answers to Plaintiff's First Set of Interrogatories
Plaintiff's Expert Designation
Plaintiff's Original Petition
Defendant’s Answer to Original Petition
Police report
Depositions
John C. Laughlin, M.Eng., P.E.
840 Threadneedle Street #185
Houston, Texas 77079
(281) 6302281
Mr. Laughlin is a professional engineer. He will offer testimony including, but
not limited to, the cause of the accident at issue, the force of the impact, and
related issues. His opinions are based upon his review of records produced by
the parties, as well as his experience, education, and training. His experience,
education, and training are generally delineated in his curriculum vitae which
was previously produced as Exhibit “C.”
Mr. Laughlin has been provided the following documents:
Plaintiff's Responses to Defendant’s Request for Disclosure
Plaintiff's Objections and Responses to Defendant’s Requests for Production
Plaintiff's Objections and Responses to Defendant’s First Set of Interrogatories
Plaintiff's Supplemental Responses to Defendant’s Request for Disclosure
Plaintiff's First Amended Responses to Defendant’s Request for Disclosure
Defendant Erick Limon’s Responses to Plaintiff's Request for Disclosures
Defendant Erick Limon’s Objections and Responses to Plaintiff's First Request
for Production
Defendant Erick Limon’s Objections and Responses to Plaintiff's First Set of
Interrogatories
CME Trucking, Inc.’s Response to Plaintiffs First Request for Production
CME Trucking, Inc.’s Response to Plaintiffs First Request for Admissions
CME Trucking, Inc.’s Answers to Plaintiff's First Set of Interrogatories
Plaintiffs Original Petition
Defendant’s Answer to Original Petition
Police report
Depositions
Photos of car
Nicholas J. Lanza
Virginia O. Pederson
Lanza Law Firm
2502 Algerian Way
Houston, Texas 77098
(713) 4329090
Although Defendant disputes that Plaintiff has made any claims that entitle her
to recover attorneys’ fees, out of an abundance of caution, Defendant identifies
Mr. Lanza and/or Ms. Pederson to testify regarding the reasonableness and
necessity of attorneys’ fees and the usual and customaty fees by attorneys in the
State of Texas pertaining to litigation and/or arbitration similar to the case at
bar. Their resumes may be obtained and/or viewed at www.lanzalawfirm.com
Medical Providers and Non Retained Expert Witnesses
Each of the physicians listed below are treating physicians and/or medical
providers in the above entitled and numbered cause. Defendant hereby also
designates the Custodian of Medical and/or Patient Account Records for each
physician and/or medical provider as a fact witness. Each of these people may
be called upon to give testimony regarding Plaintiffs condition before, after or
during the incident made the basis of this suit. Each of these people may be called
upon to give testimony regarding the reasonableness of the medical bills incurred
and the nature and necessity of the medical services rendered. Defendant hereby
designates all of the treating physicians as fact and expert witnesses. Each of the
listed physicians may be called upon to give opinions regarding the diagnosis,
prognosis, cause and treatment of any medical condition of Plaintiff. Some of the
opinions that will be expressed by these witnesses will be found in the medical
records. Defendant hereby incorporates all of such medical records and medical
bills stating what the testimony of the stated health care providers will be. Some
of the physicians listed below will be deposed and Defendant hereby incorporates
the deposition transcripts by reference in stating what the testimony of the stated
health care providers will be.
10
All doctors, physicians, therapists, nurses, technicians, agents, representatives,
employees, and custodians of records for all medical providers of Plaintiff,
whether identified herein or otherwise, specifically including those listed below:
Houston Methodist Hospital and Custodian(s) of Medical and Billing Records
Stephen Shields, MD
Susan Ryder, RN
Jocelyn Generoso, RN
6565 Fannin
Houston, Texas 77030
T: 832667 5694
Medical Provider
Emergigroup Physicians Associationand Custodian(s) of Medical and Billing
Records
P.O. Box 24125
Forth Worth, Texas
T: 817451 4208
Medical Provider
Memorial MRI & Diagnostic and Custodian(s) of Medical and Billing
Records
Dr. Matthew Dang
Dr. Chad Porter
1241 Campbell Road
Houston, Texas 77055
T: 713461 3399
Medical Provider
Spine & Orthopedic Surgical Institute and Custodian(s) of Medical and
Billing Records
Andrew Lee, MD
David Nguyen, MD
Sam LI, MD
2656 South Loop West, Suite 595
Houston, Texas 77054
T: 346980 8700
Medical Provider
United Rehabilitation and Chiropractor Clinic and Custodian(s) of Medical
and Billing Records
Jeffery Potter, DC
4828 East Mount Houston Toad
11
Houston, Texas 77072
T: 832243 5975
Medical Provider
Houston Radiology Associated and Custodian(s) of Medical and Billing
Records
2190 N. Loop West, Suite 250
Houston, Texas 77018
T: 855833 9516
Medical Provider
Keystone Surgery Center and Custodian(s) of Medical and Billing Records
Andrew Lee, MD
10005 S. Main St.
Houston,Texas 77025
T: 346701 8000
Medical Provider
Premium Interventional Pain Management Ctr. and Custodian(s) of Medical
and Billing Records
Nicole Mirra, NP
2405 Jackson St.
Houston, Texas 77003
T: 713371 8141
Medical Provider
Memorial Hermann Greater Heights Hospital and Custodian(s) of Medical
and Billing Records
1635 N. Loop West
Houston, Texas 77008
T: 713867 2000
Medical Provider
Fact Witnesses
The following are persons with knowledge of relevant facts. They have not been
specifically retained by and are not subject to the control of these Defendant
with the obvious exception of the parties to this lawsuit. They may be called
upon to give testimony regarding knowledge of relevant facts.
Bry’ana Crook
By and through her attorney of record
12
Eric D. Nielsen
The Nielsen Law Firm, P.C.
9800 Northwest Freeway, Suite 314
Houston, Texas 77092
T: 713524 4800
Connection to case: Plaintiff
Erick Limon
By and through his attorney of record
Virginia O. Pederson
Lanza Law Firm, P.C.
2502 Algerian Way
Houston, Texas 77098
T: 713432 9090
Connection to case: Defendant
CME Trucking, Inc. and any corporate representative who attends the trial on
behalf of this Defendant
By and through his attorney of record
Virginia O. Pederson
Lanza Law Firm, P.C.
2502 Algerian Way
Houston, Texas 77098
T: 713432 9090
Connection to case: : Defendant
LaTisha Crooks
Address Unknown
T: 346308 0542
Connection to case:
Rebecca Paulus
Address Unknown
T: 832314 6824
Connection to case: : Plaintiff's Aunt
ArceneauzFields
Address Unknown
T: 832567 8360
Connection to case: : Plaintiff's Cousin
Danielle White
Address Unknown
T: 713492 302
13
Connection to case: : Plaintiff's ExCoworker
Tiffany Galvin
Address Unkown
T: 832942 4766
Connection to case: : Plaintiff's ExCoworker
Kisha Black
Address Unknown
T: 832530 5971
Connection to case: : Plaintiff's Cousin
Ronesha Hagan
Address Unknown
T: 832834 2484
Connection to case: : Plaintiff's Cousin
Officer I. Velezdeya
Badge No. 8783
1200 Travis Street
Houston, Texas 77002
T: 713884 3131
Investigating Officer
Houston Methodist Hospital and Custodian(s) of Medical and Billing Records
Stephen Shields, MD
Susan Ryder, RN
Jocelyn Generoso, RN
6565 Fannin
Houston, Texas 77030
T: 832667 5694
Medical Provider
Emergigroup Physicians Association and Custodian(s) of Medical and Billing
Records
P.O. Box 24125
Forth Worth, Texas
T: 817451 4208
Medical Provider
Memorial MRI & Diagnostic and Custodian(s) of Medical and Billing
Records
Dr. Matthew Dang
Dr. Chad Porter
14
1241 Campbell Road
Houston, Texas 77055
T: 713461 3399
Medical Provider
Spine & Orthopedic Surgical Institute and Custodian(s) of Medical and
Billing Records
Andrew Lee, MD
David Nguyen, MD
Sam LI, MD
2656 South Loop West, Suite 595
Houston, Texas 77054
T: 346980 8700
Medical Provider
United Rehabilitation and Chiropractor Clinic and Custodian(s) of Medical
and Billing Records
Jeffery Potter, DC
4828 East Mount Houston Toad
Houston, Texas 77072
T: 832243 5975
Medical Provider
Houston Radiology Associated and Custodian(s) of Medical and Billing
Records
2190 N. Loop West, Suite 250
Houston, Texas 77018
T: 855833 9516
Medical Provider
Keystone Surgery Center and Custodian(s) of Medical and Billing Records
Andrew Lee, MD
10005 S. Main St.
Houston, Texas 77025
T: 346701 8000
Medical Provider
Premium Interventional Pain Management Ctr. and Custodian(s) of Medical
and Billing Records
Nicole Mirra, NP
2405 Jackson St.
Houston, Texas 77003
T: 713371 8141
Medical Provider
15
Memorial Hermann Greater Heights Hospital and Custodian(s) of Medical
and Billing Records
1635 N. Loop West
Houston, Texas 77008
T: 713867 2000
Medical Provider
IV.
Expert Witnesses Retained by Other Partie:
To preserve the right to use their testimony during the trial of this cause,
Defendants designate expert witnesses retained by other parties, if any. These
witnesses have not been retained by this party, nor are they under the control of
this party. These witnesses are either independent of any party to this suit, or
they have been previously designated and/or identified by other parties to this
suit. If reports and documents exist which contain or describe the opinions of
these witnesses, these documents have been generated by and received from
other parties to this suit. Defendant has no ability to obtain originals of such
documents or have the opinions of these witnesses reduced to writing.
Reservation of Rights
Defendants reserve the right to call undesignated rebuttal expert witnesses
whose testimony cannot be reasonably foreseen until the presentation of the
evidence against the Defendants.
Defendants reserve the right to withdraw the designation of any expert to aver
positively that any such previously designated expert will not be called as a
witness at trial, and to redesignate same as a consulting expert, who cannot be
called by opposing counsel.
In the event a present or future party designates an expert but then is dismissed
ft any reason from this suit or fails to call any designated expert, Defendants
reserve the right to designate and/or call any such patty or any such expert
previously designated by any party.
Defendants offer this designation in supplementation of all interrogatories,
requests for production, deposition questions, and other discovery devices
seeking information regarding Defendants’ expert witnesses and persons with
knowledge of relevant facts.
16
Defendants reserve the right to name and call as a witness any of Plaintiffs
treating physicians whom Plaintiff has not yet identified.
@) Any indemnity and insuring agreements described in Rule 192.3(f).
RESPONSE:
See documents previously produced.
() Any settlement agreements described in Rule 192.3(g).
RESPONSE:
None.
@ Any witness statements described in Rule 192.3(h).
RESPONSE:
None in Defendants’ possession at this time.
0) In a suit alleging physical or mental injury and damages from the occurrence that is the
subject of the case, all medical records and bills that are reasonably related to the
injuries or damages asserted or, in lieu thereof, an authorization permitting the
disclosure of such medical records and bills.
RESPONSE:
N/Aas to this party.
() In a suit alleging physical or mental injury and damages from the occurrence that is the
subject of the case, all medical records and bills obtained by the responding party by
virtue of an authorization furnished by the requesting party.
RESPONSE:
Defendant has no responsive documents at this time, other than those provided
by Plaintiff. Defendant will supplement should such documents be obtained.
0 The name, address, and telephone number of any person who may be designated as a
responsible third party.
17
RESPONS
Marco Ramos
Appliance Cowboys LLC
18
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CAUSE NO. 2019 05237 BRY’ANA CROOKS, IN THE DISTRICT COURT OF Plaintiff, VS. HARRIS COUNTY, TEXAS ERICK LIMON AND CME TRUCKING INC., Defendants. 61ST JUDICIAL DISTRICT DEFENDANTS’ SECOND SUPPLEMENTAL RESPONSES TO PLAINTIFF’S REQUEST FOR DISCLOSURES AND DESIGNATION OF EXPERT WITNESSES TO: BRY’ANA CROOKS, Plaintiff, by and through her attorneys of record, Eric D. Nielsen and Nicholas A. Phol, HE IELSON AW IRM 9800 Northwest Frwy., Suite 314, Houston, Texas 77092 COMES NOW, ERICK LIMON and CME TRUCKING INC., Defendants in the above styled and numbered cause and serve their Second Supplemental Responses to Plaintiff's Request for Disclosures and Designation of Expert Witnesses. Respectfully submitted, LANZA LAW FIRM, P.C. NICK LANZA Texas Bar No. 11941225 VIRGINIA O. PEDERSON Texas Bar No. 24060401 2502 Algerian Way Houston, Texas 77098 eservice@lanzalawfirm.com vpederson@lanzalawfirm.com (713) 432 9090 Telephone (713) 668 6417 Facsimile ATTORNEYS FOR DEFENDANT CERTIFICATE OF SERVICE I certify that a true and correct copy of this document was sent to all known counsel of record on the 21sday of May,May, seo 2020 , as indicated: Eric D. Nielsen Via Electronic Service Nicholas A. Phol HE IELSON AW IRM 9800 Northwest Frwy., Suite 314 Houston, Texas 77092 eric@nielsentriallaw.com nick@nielsentriallaw.com Counsel for Plaintiff /s/ Virginia O. Pederson VIRGINIA O. PEDERSON, ECOND SUPPLEMENTAL RESPONSES TO REQUEST FOR DISCLOSURE @) The correct names of the parties to the lawsuit. RESPONSE: Defendants are named correctly and assume Plaintiff is named correctly. (b) The name, address, and telephone number of any potential parties. RESPONSE: Marco Ramos Appliance Cowboys LLC © The legal theories and, in general, the factual basis of the responding party’s claims or defenses (the responding party need not marshal all evidence that may be offered at trial). RESPONSE: Subject to such stipulations and admissions as may hereafter be made, Defendant asserts a general denial as authorized by Rule 92 of the Texas Rules of Civil Procedure and respectfully requests that Plaintiff be required to prove the charges and allegations made against Defendant by a preponderance of the evidence as required by the Constitution and the laws of the State of Texas. The incident complained of in Plaintiff's First Amended Petition was caused by the negligence and carelessness on the part of Plaintiff, and this was the sole cause or at least a proximate cause of the incident made the basis of this lawsuit. Defendant would further show that the accident and/or incident made the basis of this suit was caused solely by the acts and/or omissions of thitdparties or instrumentalities that are in no way connected with this Defendant, or alternatively, that the acts and/or omissions of third parties or instrumentalities other than this Defendant contributed to proximately cause the incidents in question For further answer, Defendant's liability, if any, for Plaintiff's medical expenses is limited to the amount actually paid or incurred by or on behalf of Plaintiff in accordance with Section 41.0105 of the Texas Civil Practice and Remedies Code. Plaintiff's claims are barred, in whole or in part, by Plaintiffs failure to mitigate damages. Further, Defendant states that pursuant to §18.091 of the Texas Civil Practice and Remedies Code, if Plaintiff is seeking recovery for loss of earnings, loss of earning capacity, or loss of contributions of a pecuniary value, any evidence to prove the alleged loss must be presented in the form ofa net loss after reduction for income tax payments or unpaid tax liability pursuant to any federal income tax law. (d) The amount and any method of calculating economic damages. RESPONSE: Defendant is not asserting any claim for economic damages at this time. Defendant reserves the right to contest Plaintiff's damage calculations. © The name, address, and telephone number of persons having knowledge of relevant facts, and a brief statement of each identified person’s connection with the case. RESPONSE: Bry’ana Crook By and through her attorney of record Eric D. Nielsen The Nielsen Law Firm, P.C. 9800 Northwest Freeway, Suite 314 Houston, Texas 77092 T: 713524 4800 Connection to case: Plaintiff Erick Limon By and through his attorney of record Virginia O. Pederson Lanza Law Firm, P.C. 2502 Algerian Way Houston, Texas 77098 T: 713432 9090 Connection to case: Defendant CME Trucking, Inc. and any corporate representative who attends the trial on behalf of this Defendant By and through his attorney of record Virginia O. Pederson Lanza Law Firm, P.C. 2502 Algerian Way Houston, Texas 77098 T: 713432 9090 Connection to case: Defendant LaTisha Crooks Address Unknown T: 346308 0542 Connection to case: Rebecca Paulus Address Unknown T: 832314 6824 Connection to case: : Plaintiff's Aunt ArceneauzFields Address Unknown T: 832567 8360 Connection to case: : Plaintiff's Cousin Danielle White Address Unknown T: 713492 302 Connection to case: : Plaintiff's ExCoworker Tiffany Galvin Address Unkown T: 832942 4766 Connection to case: : Plaintiff's ExCoworker Kisha Black Address Unknown T: 832530 5971 Connection to case: : Plaintiff's Cousin Ronesha Hagan Address Unknown T: 832834 2484 Connection to case: : Plaintiff's Cousin Officer I. Velezdeya Badge No. 8783 1200 Travis Street Houston, Texas 77002 T: 713884 3131 Investigating Officer Houston Methodist Hospital and Custodian(s) of Medical and Billing Records Stephen Shields, MD Susan Ryder, RN Jocelyn Generoso, RN 6565 Fannin Houston, Texas 77030 T: 832667 5694 Medical Provide Emergigroup Physicians Association and Custodian(s) of Medical and Billing Records P.O. Box 24125 Forth Worth, Texas T: 817451 4208 Medical Provider Memorial MRI & Diagnostic and Custodian(s) of Medical and Billing Records Dr. Matthew Dang Dr. Chad Porter 1241 Campbell Road Houston, Texas 77055 T: 713461 3399 Medical Provider Spine & Orthopedic Surgical Institute and Custodian(s) of Medical and Billing Records Andrew Lee, MD David Nguyen, MD Sam LI, MD 2656 South Loop West, Suite 595 Houston, Texas 77054 T: 346980 8700 Medical Provider United Rehabilitation and Chiropractor Clinic and Custodian(s) of Medical and Billing Records Jeffery Potter, DC 4828 East Mount Houston Toad Houston, Texas 77072 T: 832243 5975 Medical Provider Houston Radiology Associated and Custodian(s) of Medical and Billing Records 2190 N. Loop West, Suite 250 Houston, Texas 77018 T: 855833 9516 Medical Provider Keystone Surgery Center and Custodian(s) of Medical and Billing Records Andrew Lee, MD 10005 S. Main St. Houston, Texas 77025 T: 346701 8000 Medical Provider Premium Interventional Pain Management Ctr. and Custodian(s) of Medical and Billing Records Nicole Mirra, NP 2405 Jackson St. Houston, Texas 77003 T: 713371 8141 Medical Provider Memorial Hermann Greater Heights Hospital and Custodian(s) of Medical and Billing Records 1635 N. Loop West Houston, Texas 77008 T: 713867 2000 Medical Provider Marco Ramos Appliance Cowboys LLC Contact information unknown Involved in car accident with Plaintiff, for which she claimed injuries, two months prior to the accident at issue For any testifying expert: (1) the expert’s name, address, and telephone number; 2) the subject matter on which the expert will testify; GB) the general substance of the expert’s mental impressions 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 the control of the responding party: (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 anticipationof the expert’s testimony; and B) the expert’s current resume and bibliography. RESPONSE: Retained Experts and/or Experts Under the Control of Defendant Dr. Andrew P. Kant KSF Orthopaedic Center, P.A. 17270 Red Oak Drive, Suite 200 Houston, Texas 77090 (281) 4406980 Dr. Kant is a boardcertified orthopedic surgeon. It is anticipated that he will offer testimony regarding Plaintiff's medical condition before the accident and after the accident and the effect of the accident, or lack thereof, on her medical condition. Dr. Kant will also likely evaluate Plaintiff through an independent medical examination. His opinions are based upon his review of records ptoduced by the patties, as well as his experience, education, and training, and are set forth, in part, through his initial report, previously produced as Exhibit His experience, education, and training ate generally delineated in his curriculum vitae, previously produced as Exhibit “B.” His supplemental report is attached hereto as Exhibit “C.” Dr. Kant has been provided the following documents: All Medical records Plaintiff's Responses to Defendant’s Request for Disclosure Plaintiff's Objections and Responses to Defendant’s Requests for Production Plaintiff's Objections and Responses to Defendant’s First Set of Interrogatories Plaintiff's Supplemental Responses to Defendant’s Request for Disclosure Plaintiff's First Amended Responses to Defendant’s Request for Disclosure Defendant Erick Limon’s Responses to Plaintiff's Request for Disclosures Defendant Erick Limon’s Objections and Responses to Plaintiff's First Request for Production Defendant Erick Limon’s Objections and Responses to Plaintiff's First Set of Interrogatories CME Trucking, Inc.’s Response to Plaintiffs First Request for Production CME Trucking, Inc.’s Response to Plaintiffs First Request for Admissions CME Trucking, Inc.’s Answers to Plaintiff's First Set of Interrogatories Plaintiff's Expert Designation Plaintiff's Original Petition Defendant’s Answer to Original Petition Police report Depositions John C. Laughlin, M.Eng., P.E. 840 Threadneedle Street #185 Houston, Texas 77079 (281) 6302281 Mr. Laughlin is a professional engineer. He will offer testimony including, but not limited to, the cause of the accident at issue, the force of the impact, and related issues. His opinions are based upon his review of records produced by the parties, as well as his experience, education, and training. His experience, education, and training are generally delineated in his curriculum vitae which was previously produced as Exhibit “C.” Mr. Laughlin has been provided the following documents: Plaintiff's Responses to Defendant’s Request for Disclosure Plaintiff's Objections and Responses to Defendant’s Requests for Production Plaintiff's Objections and Responses to Defendant’s First Set of Interrogatories Plaintiff's Supplemental Responses to Defendant’s Request for Disclosure Plaintiff's First Amended Responses to Defendant’s Request for Disclosure Defendant Erick Limon’s Responses to Plaintiff's Request for Disclosures Defendant Erick Limon’s Objections and Responses to Plaintiff's First Request for Production Defendant Erick Limon’s Objections and Responses to Plaintiff's First Set of Interrogatories CME Trucking, Inc.’s Response to Plaintiffs First Request for Production CME Trucking, Inc.’s Response to Plaintiffs First Request for Admissions CME Trucking, Inc.’s Answers to Plaintiff's First Set of Interrogatories Plaintiffs Original Petition Defendant’s Answer to Original Petition Police report Depositions Photos of car Nicholas J. Lanza Virginia O. Pederson Lanza Law Firm 2502 Algerian Way Houston, Texas 77098 (713) 4329090 Although Defendant disputes that Plaintiff has made any claims that entitle her to recover attorneys’ fees, out of an abundance of caution, Defendant identifies Mr. Lanza and/or Ms. Pederson to testify regarding the reasonableness and necessity of attorneys’ fees and the usual and customaty fees by attorneys in the State of Texas pertaining to litigation and/or arbitration similar to the case at bar. Their resumes may be obtained and/or viewed at www.lanzalawfirm.com Medical Providers and Non Retained Expert Witnesses Each of the physicians listed below are treating physicians and/or medical providers in the above entitled and numbered cause. Defendant hereby also designates the Custodian of Medical and/or Patient Account Records for each physician and/or medical provider as a fact witness. Each of these people may be called upon to give testimony regarding Plaintiffs condition before, after or during the incident made the basis of this suit. Each of these people may be called upon to give testimony regarding the reasonableness of the medical bills incurred and the nature and necessity of the medical services rendered. Defendant hereby designates all of the treating physicians as fact and expert witnesses. Each of the listed physicians may be called upon to give opinions regarding the diagnosis, prognosis, cause and treatment of any medical condition of Plaintiff. Some of the opinions that will be expressed by these witnesses will be found in the medical records. Defendant hereby incorporates all of such medical records and medical bills stating what the testimony of the stated health care providers will be. Some of the physicians listed below will be deposed and Defendant hereby incorporates the deposition transcripts by reference in stating what the testimony of the stated health care providers will be. 10 All doctors, physicians, therapists, nurses, technicians, agents, representatives, employees, and custodians of records for all medical providers of Plaintiff, whether identified herein or otherwise, specifically including those listed below: Houston Methodist Hospital and Custodian(s) of Medical and Billing Records Stephen Shields, MD Susan Ryder, RN Jocelyn Generoso, RN 6565 Fannin Houston, Texas 77030 T: 832667 5694 Medical Provider Emergigroup Physicians Associationand Custodian(s) of Medical and Billing Records P.O. Box 24125 Forth Worth, Texas T: 817451 4208 Medical Provider Memorial MRI & Diagnostic and Custodian(s) of Medical and Billing Records Dr. Matthew Dang Dr. Chad Porter 1241 Campbell Road Houston, Texas 77055 T: 713461 3399 Medical Provider Spine & Orthopedic Surgical Institute and Custodian(s) of Medical and Billing Records Andrew Lee, MD David Nguyen, MD Sam LI, MD 2656 South Loop West, Suite 595 Houston, Texas 77054 T: 346980 8700 Medical Provider United Rehabilitation and Chiropractor Clinic and Custodian(s) of Medical and Billing Records Jeffery Potter, DC 4828 East Mount Houston Toad 11 Houston, Texas 77072 T: 832243 5975 Medical Provider Houston Radiology Associated and Custodian(s) of Medical and Billing Records 2190 N. Loop West, Suite 250 Houston, Texas 77018 T: 855833 9516 Medical Provider Keystone Surgery Center and Custodian(s) of Medical and Billing Records Andrew Lee, MD 10005 S. Main St. Houston,Texas 77025 T: 346701 8000 Medical Provider Premium Interventional Pain Management Ctr. and Custodian(s) of Medical and Billing Records Nicole Mirra, NP 2405 Jackson St. Houston, Texas 77003 T: 713371 8141 Medical Provider Memorial Hermann Greater Heights Hospital and Custodian(s) of Medical and Billing Records 1635 N. Loop West Houston, Texas 77008 T: 713867 2000 Medical Provider Fact Witnesses The following are persons with knowledge of relevant facts. They have not been specifically retained by and are not subject to the control of these Defendant with the obvious exception of the parties to this lawsuit. They may be called upon to give testimony regarding knowledge of relevant facts. Bry’ana Crook By and through her attorney of record 12 Eric D. Nielsen The Nielsen Law Firm, P.C. 9800 Northwest Freeway, Suite 314 Houston, Texas 77092 T: 713524 4800 Connection to case: Plaintiff Erick Limon By and through his attorney of record Virginia O. Pederson Lanza Law Firm, P.C. 2502 Algerian Way Houston, Texas 77098 T: 713432 9090 Connection to case: Defendant CME Trucking, Inc. and any corporate representative who attends the trial on behalf of this Defendant By and through his attorney of record Virginia O. Pederson Lanza Law Firm, P.C. 2502 Algerian Way Houston, Texas 77098 T: 713432 9090 Connection to case: : Defendant LaTisha Crooks Address Unknown T: 346308 0542 Connection to case: Rebecca Paulus Address Unknown T: 832314 6824 Connection to case: : Plaintiff's Aunt ArceneauzFields Address Unknown T: 832567 8360 Connection to case: : Plaintiff's Cousin Danielle White Address Unknown T: 713492 302 13 Connection to case: : Plaintiff's ExCoworker Tiffany Galvin Address Unkown T: 832942 4766 Connection to case: : Plaintiff's ExCoworker Kisha Black Address Unknown T: 832530 5971 Connection to case: : Plaintiff's Cousin Ronesha Hagan Address Unknown T: 832834 2484 Connection to case: : Plaintiff's Cousin Officer I. Velezdeya Badge No. 8783 1200 Travis Street Houston, Texas 77002 T: 713884 3131 Investigating Officer Houston Methodist Hospital and Custodian(s) of Medical and Billing Records Stephen Shields, MD Susan Ryder, RN Jocelyn Generoso, RN 6565 Fannin Houston, Texas 77030 T: 832667 5694 Medical Provider Emergigroup Physicians Association and Custodian(s) of Medical and Billing Records P.O. Box 24125 Forth Worth, Texas T: 817451 4208 Medical Provider Memorial MRI & Diagnostic and Custodian(s) of Medical and Billing Records Dr. Matthew Dang Dr. Chad Porter 14 1241 Campbell Road Houston, Texas 77055 T: 713461 3399 Medical Provider Spine & Orthopedic Surgical Institute and Custodian(s) of Medical and Billing Records Andrew Lee, MD David Nguyen, MD Sam LI, MD 2656 South Loop West, Suite 595 Houston, Texas 77054 T: 346980 8700 Medical Provider United Rehabilitation and Chiropractor Clinic and Custodian(s) of Medical and Billing Records Jeffery Potter, DC 4828 East Mount Houston Toad Houston, Texas 77072 T: 832243 5975 Medical Provider Houston Radiology Associated and Custodian(s) of Medical and Billing Records 2190 N. Loop West, Suite 250 Houston, Texas 77018 T: 855833 9516 Medical Provider Keystone Surgery Center and Custodian(s) of Medical and Billing Records Andrew Lee, MD 10005 S. Main St. Houston, Texas 77025 T: 346701 8000 Medical Provider Premium Interventional Pain Management Ctr. and Custodian(s) of Medical and Billing Records Nicole Mirra, NP 2405 Jackson St. Houston, Texas 77003 T: 713371 8141 Medical Provider 15 Memorial Hermann Greater Heights Hospital and Custodian(s) of Medical and Billing Records 1635 N. Loop West Houston, Texas 77008 T: 713867 2000 Medical Provider IV. Expert Witnesses Retained by Other Partie: To preserve the right to use their testimony during the trial of this cause, Defendants designate expert witnesses retained by other parties, if any. These witnesses have not been retained by this party, nor are they under the control of this party. These witnesses are either independent of any party to this suit, or they have been previously designated and/or identified by other parties to this suit. If reports and documents exist which contain or describe the opinions of these witnesses, these documents have been generated by and received from other parties to this suit. Defendant has no ability to obtain originals of such documents or have the opinions of these witnesses reduced to writing. Reservation of Rights Defendants reserve the right to call undesignated rebuttal expert witnesses whose testimony cannot be reasonably foreseen until the presentation of the evidence against the Defendants. Defendants reserve the right to withdraw the designation of any expert to aver positively that any such previously designated expert will not be called as a witness at trial, and to redesignate same as a consulting expert, who cannot be called by opposing counsel. In the event a present or future party designates an expert but then is dismissed ft any reason from this suit or fails to call any designated expert, Defendants reserve the right to designate and/or call any such patty or any such expert previously designated by any party. Defendants offer this designation in supplementation of all interrogatories, requests for production, deposition questions, and other discovery devices seeking information regarding Defendants’ expert witnesses and persons with knowledge of relevant facts. 16 Defendants reserve the right to name and call as a witness any of Plaintiffs treating physicians whom Plaintiff has not yet identified. @) Any indemnity and insuring agreements described in Rule 192.3(f). RESPONSE: See documents previously produced. () Any settlement agreements described in Rule 192.3(g). RESPONSE: None. @ Any witness statements described in Rule 192.3(h). RESPONSE: None in Defendants’ possession at this time. 0) In a suit alleging physical or mental injury and damages from the occurrence that is the subject of the case, all medical records and bills that are reasonably related to the injuries or damages asserted or, in lieu thereof, an authorization permitting the disclosure of such medical records and bills. RESPONSE: N/Aas to this party. () In a suit alleging physical or mental injury and damages from the occurrence that is the subject of the case, all medical records and bills obtained by the responding party by virtue of an authorization furnished by the requesting party. RESPONSE: Defendant has no responsive documents at this time, other than those provided by Plaintiff. Defendant will supplement should such documents be obtained. 0 The name, address, and telephone number of any person who may be designated as a responsible third party. 17 RESPONS Marco Ramos Appliance Cowboys LLC 18