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COMMONWEALTH OF MASSACHUSETTTS
BRISTOL, SS SUPERIOR COURT
BRISTOL. SS SUPERIOR COURT CIVIL ACTION
FILED NO. BRCV 1673CV00614
APR 16 2019
LINDA PAUL
MARC J. SANTOS. ESO.:
CLERK/MAGISTRATE
vs.
FERN REALTY COMPANY, LLC;
FAXON HEIGHTS REALTY COMPANY, LLC;
BELRIDGE REALTY COMPANY, LLC;
IANTOSCA REALTY COMPANY, LLC;
and D.A.I. PROPERTY MANAGEMENT
COMPANY, INC.
PLAINTIFF’S MEMORANDUM IN OPPOSITION TO DEFENDANTS’
‘OBJECTIONS TO DR. PASQUARELLO’S TESTIMONY REGARDING PROGNOSIS
Defendants’ objections to Dr. Pasquarello’s testimony regarding prognosis and causation
should be overruled because plaintiff complied with the disclosure requirements under the Rules
of Civil Procedure, and made defendants aware of the substance of the treating physicians’
testimony.
Contrary to defendants’ assertions, plaintiff did make timely expert disclosures in
compliance with the rules. As early as March 9, 2017, plaintiff identified her treating physicians,
Doctors Updegrove and Pasquarello, in her initial answers to interrogatories. Plaintiff answered:
Answer to interrogatory No. 12:
«Kathleen O’Heelan, D.O., Coastal Medical, 6 Blackstone Valley Place, Bldg. 7,
Ste. 701, Lincoln, RI 02865; (10/2/13 — 11/4/16)
Randall Updegrove, M.D., University Orthopedics, Inc., 1405 South County
Trail, Ste. 510, East Greenwich, RI 02818 (8/14/14 — 12/22/14)
George Pasquarello, D.L., East Greenwich Spine & Sport, 1351 South County
Trail, Bldg. 1, Ste. 100, East Greenwich, RI 02818 (1/21/15 — 6/7/16)
Answer to interrogatory No. 6:
My attomey advises me that the physicians who treated me for the injuries sustained
may be called to testify on my behalf as to their diagnosis, prognosis and
treatment consistent with their medical records. To date, these doctors are
identified in my answer to interrogatory 12. However, I am advised that my
attorneys have not yet made a decision as to who will testify nor have they engaged
the services of any other expert. At such time that an expert or experts are retained
these answers will be supplemented.(emphasis added)
In her interrogatory answer, plaintiff stated that her treating doctors would testify as to
“their diagnosis, prognosis and treatment consistent with their medical records,” and provided all
medical records containing the doctors’ statements and opinions regarding these subjects — the
very same subjects covered in their audiovisual deposition testimony. Defendant never, informally
or through motions, requested more responsive answers nor did defendant ever depose the treating
physicians.
On August 17, 2018, plaintiff noticed the doctor’s audiovisual deposition, she again
provided medical records, along with the doctor’s CV, and his summary report, along with a letter
stating, “He is expected to testify that her injury is permanent and that it was caused from her fall
of September 26, 2013.” (Ex. 1). Thus, defendants can make no valid claim of unfair surprise, or
inadequate disclosure.
Dr. Pasquarello’s testimony regarding prognosis includes his opinion that her condition is
permanent; that “it’s likely she may from time to time need to be treated with either medication or
physical therapy or further injections,” or radiofrequency ablation, and he explains the nature of
the steroid injections. All of this is contained in his medical records, and implicit with respect to
describing the nature of his care and treatment of plaintiff. Other testimony merely describes how
the plaintiffs diagnosed degenerative changes and how the condition causes pain. None of this
testimony is surprising or inconsistent with the disclosures and medical records.
For all of the above reasons, defendants’ objections should be overruled.
Plaintiff, Linda Paul
By her Attorneys,
Peter J. Cerilli sq. (B.B.O. 079770)
FOLEY LI, P.C.
56 Pine ef, Suite 200
Providend 02903
Tel: (401) 272-7800
Fax: (401) 274-2780
E-mail: peter@foleycerilli.com
CERTIFICATE OF SERVICE
Thereby certify that on the day of April, 2019, a true and accurate copy of the
following document: Plaintiff's Memorandum in Opposition to Defendants’ Objections to Dr.
Pasquarello’s Testimony Regarding Prognosis was sent to the following counsel-of-record:
Martin S. Cosgrove, Esq.
Cosgrove, Eisenberg and Kiley, PC
803 Hancock Street
Odel)
PO Box 189
Quincy, MA 02170-0997
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COMMONWEALTH OF MASSACHUSETTTS BRISTOL, SS SUPERIOR COURT BRISTOL. SS SUPERIOR COURT CIVIL ACTION FILED NO. BRCV 1673CV00614 APR 16 2019 LINDA PAUL MARC J. SANTOS. ESO.: CLERK/MAGISTRATE vs. FERN REALTY COMPANY, LLC; FAXON HEIGHTS REALTY COMPANY, LLC; BELRIDGE REALTY COMPANY, LLC; IANTOSCA REALTY COMPANY, LLC; and D.A.I. PROPERTY MANAGEMENT COMPANY, INC. PLAINTIFF’S MEMORANDUM IN OPPOSITION TO DEFENDANTS’ ‘OBJECTIONS TO DR. PASQUARELLO’S TESTIMONY REGARDING PROGNOSIS Defendants’ objections to Dr. Pasquarello’s testimony regarding prognosis and causation should be overruled because plaintiff complied with the disclosure requirements under the Rules of Civil Procedure, and made defendants aware of the substance of the treating physicians’ testimony. Contrary to defendants’ assertions, plaintiff did make timely expert disclosures in compliance with the rules. As early as March 9, 2017, plaintiff identified her treating physicians, Doctors Updegrove and Pasquarello, in her initial answers to interrogatories. Plaintiff answered: Answer to interrogatory No. 12: «Kathleen O’Heelan, D.O., Coastal Medical, 6 Blackstone Valley Place, Bldg. 7, Ste. 701, Lincoln, RI 02865; (10/2/13 — 11/4/16) Randall Updegrove, M.D., University Orthopedics, Inc., 1405 South County Trail, Ste. 510, East Greenwich, RI 02818 (8/14/14 — 12/22/14) George Pasquarello, D.L., East Greenwich Spine & Sport, 1351 South County Trail, Bldg. 1, Ste. 100, East Greenwich, RI 02818 (1/21/15 — 6/7/16) Answer to interrogatory No. 6: My attomey advises me that the physicians who treated me for the injuries sustained may be called to testify on my behalf as to their diagnosis, prognosis and treatment consistent with their medical records. To date, these doctors are identified in my answer to interrogatory 12. However, I am advised that my attorneys have not yet made a decision as to who will testify nor have they engaged the services of any other expert. At such time that an expert or experts are retained these answers will be supplemented.(emphasis added) In her interrogatory answer, plaintiff stated that her treating doctors would testify as to “their diagnosis, prognosis and treatment consistent with their medical records,” and provided all medical records containing the doctors’ statements and opinions regarding these subjects — the very same subjects covered in their audiovisual deposition testimony. Defendant never, informally or through motions, requested more responsive answers nor did defendant ever depose the treating physicians. On August 17, 2018, plaintiff noticed the doctor’s audiovisual deposition, she again provided medical records, along with the doctor’s CV, and his summary report, along with a letter stating, “He is expected to testify that her injury is permanent and that it was caused from her fall of September 26, 2013.” (Ex. 1). Thus, defendants can make no valid claim of unfair surprise, or inadequate disclosure. Dr. Pasquarello’s testimony regarding prognosis includes his opinion that her condition is permanent; that “it’s likely she may from time to time need to be treated with either medication or physical therapy or further injections,” or radiofrequency ablation, and he explains the nature of the steroid injections. All of this is contained in his medical records, and implicit with respect to describing the nature of his care and treatment of plaintiff. Other testimony merely describes how the plaintiffs diagnosed degenerative changes and how the condition causes pain. None of this testimony is surprising or inconsistent with the disclosures and medical records. For all of the above reasons, defendants’ objections should be overruled. Plaintiff, Linda Paul By her Attorneys, Peter J. Cerilli sq. (B.B.O. 079770) FOLEY LI, P.C. 56 Pine ef, Suite 200 Providend 02903 Tel: (401) 272-7800 Fax: (401) 274-2780 E-mail: peter@foleycerilli.com CERTIFICATE OF SERVICE Thereby certify that on the day of April, 2019, a true and accurate copy of the following document: Plaintiff's Memorandum in Opposition to Defendants’ Objections to Dr. Pasquarello’s Testimony Regarding Prognosis was sent to the following counsel-of-record: Martin S. Cosgrove, Esq. Cosgrove, Eisenberg and Kiley, PC 803 Hancock Street Odel) PO Box 189 Quincy, MA 02170-0997