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CAUSE NO. 2021-08492
ROLANDO REYES, THE DISTRICT COURT
Plaintiff,
HARRIS COUNTY, TEXAS
HARRIS COUNTY
Defendant. JUDICIAL DISTRICT
PLAINTIFF’S SUPPLEMENTAL INITIAL DISLCOSURES PURSUANT
RULE 194.2 & EXPERTDISCLOSURE PURSUANT TO RULE 194.3
TO: Defendant, Harris County, by and through its attorney record, Pam Rea, Harris County
Attorney’s Office, 1019 Congress, 15 Floor, Houston, Texas 77002.
Pursuant Texas Rule Civil Procedure 194.2 and 194.3, Plaintiff provides the
following SUPPLEMENTAL Initial Disclosures & Expert Disclosures.
Respectfully submitted,
/s/ Kelli M. McDonald
JOSEPH JONES
State Bar No. 24076466
KELLI McDONALD
State Bar No. 13551250
LOAN ATCHER ERRY UNGE
OBERTSON MITH ONES
FM 529
Houston, Texas 77095
Telephone: (713) 520-8833
Facsimile: (713) 520-9933
Eservice: houstonservice@sloanfirm.com
and-
Elisa Contreras Salazar
Paola Muraura Velazquez
SALAZAR ELAZQUEZ, P.C.
P.O. Box 70027
Houston, Texas 77270
Email: salazar@salazarvelazquez.com
P’s Supp Initial Disclosures 5.27.21
velazquez@salazarvelazquez.com
TORNEYS FOR PLAINTIFF
DESIGNATED E-SERVICE E-
AIL ADDRESS
The following is the undersigned
attorney’s designated e Service e mail
address for all e- served documents and
notices, filed and unfiled, pursuant to
Texas Rule of Civil Procedures 21(f)(2)
and 21a: houstonservice@sloanfirm.com.
This the undersigned’s only e-Service e-
mail address, and service through any
other e mail address will be considered
invalid.
CERTIFICATE SERVICE
I hereby certify that a true and correct copy the foregoing document has been
forwarded via efile and facsimile in accordance with the Texas Rules of Civil Procedure on this
27th day May 2021, the following attorney record:
Pam Rea
Texas State Bar No. 00792790
HARRIS COUNTY ATTORNEY’S OFFICE
1019 Congress, 15 Floor
Houston, Texas 77002
Telephone: (713) 274-5134
Facsimile: (713) 755-8924
Pam.rea@cao.hctx.net
ATTORNEY FOR DEFENDANT HARRIS COUNTY
JOE JONES
KELLI McDONALD
P’s Supp Initial Disclosures 5.27.21
GENERAL DISCLOSURE
The following materials are incorporated reference herein:
All depositions taken or to be taken in this case, together with all exhibits and
attachments thereto. This includes both oral depositions and depositions
written questions.
All affidavits (business records and billing records) served by any party, together
with all exhibits and attachments thereto.
All documents (including photographs, videotapes, and graphic material)
produced the Plaintiff any defendant this case.
All written discovery responses served by the Plaintiff in this cause, regardless of
the party serving the request.
All medical illustrations produced Plaintiff this case.
The Plaintiff’s designations expert witnesses, including supplemental
designations, together with exhibits.
All materials equally available to the Defendant through the use of any signed
authorization to include Medical Records, Income Tax, Social Security, Texas
Department of Insurance Division of Worker’s Compensation, Employment
and/or Educational Records Authorizations.
P’s Supp Initial Disclosures 5.27.21
PLAINTIFF’S SUPPLEMENTAL INITIAL DISLCOSURES PURSUANT TO RULE 194.2
EXPERT DISCLOSURE PURSUANT RULE 194.3
INITIAL DISCLOSURES PURSUANT RULE 194.2
The correct names of the parties to the lawsuit;
RESPONSE:
Plaintiff believes the parties are named correctly.
The name, address and telephone number any potential parties;
RESPONSE:
None known Plaintiff this time.
The legal theories, and in general, the factual basis of the responding party’s
claims defenses;
RESPONSE:
Please see Plaintiff’s Original Complaint and any supplement amendment thereto.
Computation of each category of damages claimed by the responding party,
including non privileged documents and evidentiary material on which each
computation is based, including materials bearing on the nature and extent
injuries suffered;
RESPONSE:
PAST MEDICAL EXPENSES
Plaintiff’s past medical expenses Based upon the billing records presently in Plaintiff’s
possession, the medical expenses that have been paid or incurred by or on behalf Plaintiff
and as a proximate cause of the occurrence in question, total $85,775.98. Plaintiff’s
medical and billing records are produced in response to Tex. R. Civ. P. 194.2(10), below,
and any supplement amendment thereto. (Billing records will proven
custodial affidavit, depositions written questions, oral depositions, and/or live
testimony at the time of trial, and will be furnished to Defendant in accordance with the
Texas Rules of Civil Procedure):
Provider Paid/Incurred
OSD Surgery $46,496.00
STAT Diagnostic $3,950.00
Sterling Pharmacy $106.98
Houston Pain Spine $13,578.00
Billing and Practice Management $15,000.00
P’s Supp Initial Disclosures 5.27.21
Citywide Injury Accident $2,795.00
CORE Health $350.00
One Step Diagnostic $3,500.00
Total $85,775.98
FUTURE MEDICAL EXPENSES
Future medical expenses in an amount to be determined by a jury on the basis of expert
testimony based upon the nature the injury, the medical care rendered prior trial,
and the condition of the Plaintiff at the time of trial. Ibrahim v. Young, 253 S.W.3d 790,
(Tex. App.Eastland 2008).
PHYSICAL PAIN AND SUFFERING THE PAST
The amount of this element of damage is peculiarly within the province and discretion of
the trier fact.
FUTURE PHYSICAL PAIN AND SUFFERING
The amount of this element of damage is peculiarly within the province and discretion of
the trier fact.
MENTAL ANGUISH THE PAST
The amount of this element of damage is peculiarly within the province and discretion of
the trier fact.
FUTURE MENTAL ANGUISH
The amount of this element of damage is peculiarly within the province and discretion of
the trier fact.
PAST PHYSICAL IMPAIRMENT
The amount this element damage peculiarly within the province and discretion
the trier fact.
FUTURE PHYSICAL IMPAIRMENT
The amount this element damage peculiarly within the province and discretion
the trier fact.
LOST WAGES
Plaintiff will supplement this response.
LOSS EARNING CAPACITY
The amount this element damage peculiarly within the province and discretion
the trier fact
P’s Supp Initial Disclosures 5.27.21
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:
OLANDO EYES
LOAN ATCHER ERRY UNGE OBERTSON MITH ONES
101 East Whaley Street
Longview, Texas75601
Plaintiff
Harris County Police Department
Congress, Floor
Houston, Texas
Defendant
Ben Troyer, #S15472
Harris County Sheriff’s Office, Its current and former officers, employees, agents, staff
and custodian(s) records
Baker Street
Houston, Texas
(713)
Investigating Officer
James Allen
(832)
Witness to incident
Thomas Waddell
(713)
Witness to incident
Hasannah McGhee
(832)
Witness to incident
THE FOLLOWING INDIVIDUALS ENTITIES THEIR CURRENT
FORMER OFFICERS, DIRECTORS, EMPLOYEES, AGENTS,
SERVANTS, PHYSICIANS, NURSES, PARAMEDICS, EMTs, ATTENDANTS,
STAFF, HEALTHCARE PROVIDERS, CUSTODIANS OF RECORDS:
OSD Surgery Center, its Physicians or Health Care Providers whose names appear in the
medical records, employees, agents and custodians medical billing records
including but not limited to:
Asif Chaudry, MD
Williams Trace Blvd
P’s Supp Initial Disclosures 5.27.21
Sugar Land, TX 77478
(281)
Plaintiff’s health care provider.
Stat Diagnostics, its Physicians or Health Care Providers whose names appear in the
medical records, employees, agents and custodians medical and billing records
including but not limited to:
Matthew Vaclavik, DC
Katy Freeway
Houston, TX 77007
(832)
Plaintiff’s health care provider.
Sterling Pharmacy, its Physicians or Health Care Providers whose names appear in the
medical records, employees, agents and custodians medical and billing records
including but not limited to:
Clinton Corales, ACNP
6609 W Sam Houston Pkwy S, Ste 98B
Houston,
(713)
Plaintiff’s health care provider.
Houston Pain & Spine, itsPhysicians or Health Care Providers whose names appear
the medical records, employees, agents and custodians of medical and billing records
including but not limited to:
Asif Chaudhry,
West Loop South, Ste
Bellaire,
(832)
Plaintiff’s health care provider.
Billing and Practice Management LLC, its Physicians or Health Care Providers
whose names appear in the medical records, employees, agents and custodians of medical
and billing records including but not limited to:
Asif Chaudhry,
Box
Houston, TX 77227
(713)
Plaintiff’s health care provider.
Citywide Injury & Accident, its Physicians or Health Care Providers whose names appear
in the medical records, employees, agents and custodians of medical and billing records
including but not limited to:
Matthew Vaclavik, DC
Hillcroft, Suite
Houston, TX 77081
(713)
P’s Supp Initial Disclosures 5.27.21
Plaintiff’s health care provider.
Core Health, its Physicians or Health Care Providers whose names appear in the medical
records, employees, agents and custodians of medical and billing records including but
not limited to:
Clinton Corales, ACNP
Southwest Freeway, Suite
Sugarland, Texas
(281)
Plaintiff’s health care provider.
One Step Diagnostic, its Physicians or Health Care Providers whose names appear in the
medical records, employees, agents and custodians medical and billing records
including but not limited to:
Asif Chaudhry,
Katy Freeway
Houston, Texas
(713)
Plaintiff’s health care provider.
copy description category and location all documents,
electronically stored information, and tangible things that the responding
party has in its possession, custody, or control, and may use to support its
claims defenses, unless the use would be solely for impeachment;
RESPONSE:
Description Documents Category Location:
Plaintiff’s medical records with business record affidavits; (REYES0004
REYES0360)
Plaintiff’s medical billing records with Tex. Civ. Prac. Rem. Code
18.001 affidavits; (REYES0004 REYES0360)
Crash Report; (REYES0361 REYES0363)
Photographs (REYES0001 REYES0003)
Client’s injuries;
Client’s vehicle;
Scene collision;
Defendant’s vehicle;
Law enforcement vehicle mounted and/or body worn camera video
footage;
Any and all witness statements;
Repair Estimates for Plaintiff’s vehicle;
Repair Estimates for Defendant’s vehicle;
Plaintiff reasonably believes that Defendant(s) have possession, custody or control of
P’s Supp Initial Disclosures 5.27.21
documents that Plaintiff will use to support its claims and/or defenses. Discovery is in its
infancy.
Plaintiff incorporates herein by reference any documents produced in this matter by any
party in response to discovery, and any documents obtained from any third party in
conjunction with any oral deposition, or any deposition on written questions, whether in
response to any subpoena duces tecum request for production.
Any indemnity and insuring agreements described in Rule 192.3(f);
RESPONSE:
Not applicable Plaintiff.
Any settlement agreements described in Rule 192.3(g);
RESPONSE:
None.
Any witness statements described Rule 192.3(h);
RESPONSE:
None, other than as may be contained in the Texas Peace Officer’s Crash Report attached
hereto and Bates stamped REYES0361 REYES0363.
In a suit alleging physical or mental injury and damages from the occurrence
that the subject the case, all medical records and bills that are
reasonably related the injuries damages asserted or, lieu thereof,
authorization permitting the disclosure such medical records and bills.
RESPONSE:
See Plaintiff’s medical records and medical billing records attached hereto Bates stamped
REYES0004 REYES0360.
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:
Not applicable.
the name, address, and telephone number any person who may
P’s Supp Initial Disclosures 5.27.21
designated as a responsible third party.
RESPONSE:
None known Plaintiff this time.
EXPERT DISCLOSURES PURSUANT RULE 194.3
For any testifying expert;
(1) the expert’s name, address and telephone number;
(2) the subject matter which the expert will testify;
(3) the general substance the expert’s mental impressions and
opinions and a brief summary of the basis for them, of if the expert
is not retained by, employed by, or otherwise subject to the control
the responding party, documents reflecting such information;
(4) if the expert is retained by, employed by, or otherwise subject to
the control the responding party:
(A) all documents, tangible things, reports, models, data
compilations that have been provided to, reviewed by, or
prepared by or for the expert in anticipation of the expert’s
testimony; and
(B) the expert’s current resume and bibliography;
(C) the expert’s qualifications, including list all
publications authored the previous years;
(D) a list of all other cases in which, during the previous four
years, the expert testified expert trial
deposition;
(E) a statement of the compensation to be paid for the expert’s
study and testimony the case.
SUPPLEMENTAL RESPONSE (5.27.21)
(1) RETAINED ATTORNEY’S FEES EXPERTS. The following experts may testify
regarding the reasonable and necessary expenses, including attorney’s fees incurred in this litigation
against defendant Harris County
P’s Supp Initial Disclosures 5.27.21
JOSEPH K. JONES
KELLI M. McDONALD
LOAN ATCHER ERRY UNGE
OBERTSON MITH ONES
15010 FM 529
Houston, Texas 77095
Telephone: (713) 520
(2) Subject Matters of Retained Attorney’s Fees Expert. The subject matters on which said
retained, controlled experts will testify are as follows:
the time and labor required, the novelty and difficulty of the questions involved,
and the skills required to perform the legal services properly;
the likelihood that acceptance of the particular employment precluded other
employment by said experts;
the fee customarily charged in the locality for similar legal services;
the amounts involved and the expected results obtained;
the nature and length of the professional relationship with the client;
the experience, reputation, and ability of the lawyers performing the services;
whether the fee is fixed or contingent on results obtained or uncertainty of
collection before the legal services have been rendered;
the nature and character of the services provided, concerning the particular
claims and parties for which the fees are recoverable;
whether the professional services were reasonably necessary; and
the nature and/or extent of the reasonable value of the services rendered.
expenses incurred in responding to Defendant’s spurious motions.
(3) Impressions and Opinions of Retained Attorney’s Fees Expert. The general substance of
said retained attorney’s fees’ mental impressions and opinions are expected to be, and a brief
summary of the basis for them are, as follows:
Mr. Jones and/or Ms. McDonald have litigated this case as lead counsel for over
3 months at this time, and, given their experience so far, they expect that they
will have spent over hours responding to Defendant’s spurious discovery
motions by the conclusion of trial. This does not include time spent litigating the
main action. Harris County has sought to litigate frivolous discovery issues
requiring Plaintiff’s counsel to respond thereby increasing the expense of
litigation. The issues in this case are moderately complex because there are
various theories of liability and multiple areas of the law involved. Litigating a
case of this nature requires significant litigation experience and an advanced
understanding of personal injury law.
P’s Supp Initial Disclosures 5.27.21
Acceptance of this case certainly precluded other employment by Mr. Jones and
Ms. McDonald. Time spent working on this case has significantly precluded their
ability to accept employment on other cases that they likely would have taken.
The amount charged by said experts for their services, $500.00 per hour, is
customary for experts with similar experience, training, education, competency,
and skill as Mr. Jones and Ms. McDonald.
To date, said experts’ attorney fees r hourly attorneys fees in responding to
Defendant’s Special Exceptions is approximately $3,500.00. However, at this
time, said experts expect fees will exceed of $50,000.00 by the end of trial.
Mr. Jones and/or Ms. McDonald have known Plaintiff for over 3 months now
and have developed a sustaining professional relationship with him.
The CV’s of said experts were produced bearing Bates stamp REYES0364
REYES368. They are hereby incorporated by reference as if stated fully herein.
Plaintiff agreed to pay a contingent fee of % of the total recovery made on his
behalf, if any.
Said experts provided and/or will provide Plaintiff with professional legal
services to include responding to defendant’s spurious motions (if necessary).
The legal services provided were all reasonable and necessary.
The reasonable value of the services rendered to date for hourly attorneys fees in
Responding to Defendant’s Special Exceptions is approximately $3,500.00
RESPONSE:
Plaintiff will provide this information in compliance with the scheduling ordered entered
the Court.
Plaintiff’s Treating Physicians
and Other Persons with Knowledge of Relevant Facts
Who May Qualify Experts Have Not
Been Specially Retained
(Fact Experts 194.2(f))
The following person(s), or the custodian(s) of records, have not been retained by
and are not employed by, or are otherwise subject to the control of Plaintiff (hereinafter
referred to as "non retained" experts), but are hereby designated as testifying experts by
Plaintiff and the following information is provided in accordance with Texas Rule of
Civil Procedure 194.2.
Although these witnesses have not been specifically retained as expert witnesses
by Plaintiff, and while Plaintiff cannot vouch for the expertise or credibility of such
witnesses at this time, itis believed that they may have knowledge, training or expertise
which may qualify them as experts. Accordingly, Plaintiff will designate these witnesses
as persons who may be called upon to give testimony that would be considered expert
testimony.
P’s Supp Initial Disclosures 5.27.21
NON RETAINED MEDICAL EXPERTS.
The following healthcare providers, and/or the custodian of their records, may
testify regarding the injuries sustained by Plaintiff in the incident made the subject of this
suit, their medical diagnosis, prognosis and the reasonable and necessary cost of hospital,
doctor and medical bills for treatment Plaintiff’s injuries the past and the future.
Please refer to the healthcare providers’ records for their mental impressions,
opinions, conclusions, and the factual basis for opinion.
I.1. Identity Non Retained Medical Experts.
The names the non retained, non controlled medical experts and their
addresses and telephone numbers are follows:
THE FOLLOWING INDIVIDUALS ENTITIES THEIR CURRENT
FORMER OFFICERS, DIRECTORS, EMPLOYEES, AGENTS,
SERVANTS, PHYSICIANS, NURSES, PARAMEDICS, EMTs, ATTENDANTS,
STAFF, HEALTHCARE PROVIDERS, CUSTODIANS OF RECORDS:
OSD Surgery Center
2121 Williams Trace Blvd
Sugar Land, TX 77478
(281)
Stat Diagnostics
Katy Freeway
Houston, TX 77007
(832)
Sterling Pharmacy
6609 W Sam Houston Pkwy S, Ste 98B
Houston,
(713)
Houston Pain Spine
West Loop South, Ste
Bellaire,
(832)
Billing and Practice Management LLC
Box
Houston, TX 77227
(713)
Citywide Injury Accident
6065 Hillcroft, Suite 508
Houston, TX 77081
P’s Supp Initial Disclosures 5.27.21
(713)
Core Health
Southwest Freeway, Suite
Sugarland, Texas
(281)
One Step Diagnostic
Katy Freeway
Houston, Texas
(713)
Plaintiff’s health care provider
I.2. Subject Matters Non Retained Medical Experts.
The subject matters on which said non retained, non controlled medical experts
will testify are follows:
the existence, nature and/or extent the injuries sustained Plaintiff;
the examination, diagnostics and treatment of the injuries sustained by
Plaintiff;
pre existing injuries, if any, to, and/or pre existing medical conditions, if
any, Plaintiff;
the type, purpose, extent, results, evaluations and/or interpretations
examinations, treatments, rays, diagnostics, and tests regarding Plaintiff;
recommendations, diagnosis and prognosis with regard to the injuries of
Plaintiff;
the existence, nature and/or extent of the disabilities and/or incapacities of
Plaintiff the past, and the reasonable probability and extent of the
disabilities and/or incapacities which Plaintiff may suffer from the
future;
the cause and/or causes of Plaintiff’s condition(s), injuries, disabilities
and/or capacities;
medical care and treatment and medications that have been required by
Plaintiff in the past for the treatment of the injuries sustained by Plaintiff
the subject incident and for rehabilitation from such injuries;
medical care and treatment and medications that will required
P’s Supp Initial Disclosures 5.27.21
Plaintiff in the future, if any, for the treatment of the injuries sustained by
Plaintiff the subject incident and for rehabilitation from such injuries;
the reasonableness and the necessity of the medical services and medical
care and medications rendered to Plaintiff in the past, and that Plaintiff
will reasonable probability receive the future, for the injuries
sustained Plaintiff the subject incident;
all those subject matters contained, discussed disclosed in:
(1) the medical records, diagnostic records, of Plaintiff which have
been and which may hereafter be produced this cause;
(2) all medical records affidavits and/or medical billing affidavits
which have been served and which may hereafter be served in this
cause, and all exhibits thereto;
(3) the oral depositions and the depositions on written questions of
Plaintiff’s health care providers which have been taken and which
may hereafter be taken in this cause, and all exhibits thereto; and
(4) all written reports of healthcare providers produced during the
course discovery this cause.
All of said documents are incorporated herein by reference as though set out at
length for all purposes.
I.3. Impressions and Opinions Non Retained Medical Experts.
The general substance said non retained/non controlled medical experts’
mental impressions and opinions are expected to be, and a brief summary of the basis for
them are, as follows:
the nature, extent and severity of Plaintiff’s alleged injuries, incapacities,
and disabilities;
Plaintiff’s injuries, incapacities, and/or disabilities are the result in whole
or in part of the injuries received by Plaintiff as a result of the subject
incident and made the subject this suit;
the medical care and treatment rendered to Plaintiff was reasonable and
necessary;
the subject incident did, based on reasonable medical probability, cause all
the complaints, disabilities, injuries, and/or incapacities Plaintiff;
that any surgical intervention for treatment of Plaintiff’s injuries and/or
symptoms was necessitated and proximately caused by the incident made
P’s Supp Initial Disclosures 5.27.21
the subject this lawsuit
that the medical treatment and expenses of Plaintiff were necessitated by
the incident which is the subject this lawsuit;
that Plaintiff will, in reasonable probability, require medical care in the
future to treat the injuries and/or symptoms proximately caused by the
incident made the subject of this lawsuit, and the reasonable cost of that
care;
all other impressions and/or opinions that are contained, discussed, and/or
disclosed the following:
(1) the medical records of Plaintiff which has been and which may
hereafter produced this cause;
(2) the medical records affidavits and medical billing affidavits which
have been served and which may hereafter be served in this cause
and all exhibits thereto;
(3) the oral depositions and the depositions on written questions of
Plaintiff’s health care providers which have been taken and which
may hereafter be taken in this cause, and all exhibits thereto; and
(4) all written reports of healthcare providers produced during the
course discovery this cause.
All said documents are incorporated herein reference though set out
length for all purposes.
I.4. Brief Summary Basis for Impressions and Opinions.
The basis for the foregoing impressions and opinions the above named and/or
designated expert witnesses are all the facts shown and/or contained in:
All the medical records Plaintiff produced this cause;
All depositions taken and hereafter taken in this cause, either by written
questions orally, and all exhibits thereto;
The expert reports, any, herein above expressly referred to;
All witness statements which may be produced this cause;
All the photographs and videotape recordings produced this cause;
The Responses to Requests For Disclosure, Responses to Requests For
Production, Answers Interrogatories, and the Amendments and
P’s Supp Initial Disclosures 5.27.21
Supplements thereto which have been served by each of the parties in this
cause action;
The Pleadings file this cause action; and
All docu
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CAUSE NO. 2021-08492 ROLANDO REYES, THE DISTRICT COURT Plaintiff, HARRIS COUNTY, TEXAS HARRIS COUNTY Defendant. JUDICIAL DISTRICT PLAINTIFF’S SUPPLEMENTAL INITIAL DISLCOSURES PURSUANT RULE 194.2 & EXPERTDISCLOSURE PURSUANT TO RULE 194.3 TO: Defendant, Harris County, by and through its attorney record, Pam Rea, Harris County Attorney’s Office, 1019 Congress, 15 Floor, Houston, Texas 77002. Pursuant Texas Rule Civil Procedure 194.2 and 194.3, Plaintiff provides the following SUPPLEMENTAL Initial Disclosures & Expert Disclosures. Respectfully submitted, /s/ Kelli M. McDonald JOSEPH JONES State Bar No. 24076466 KELLI McDONALD State Bar No. 13551250 LOAN ATCHER ERRY UNGE OBERTSON MITH ONES FM 529 Houston, Texas 77095 Telephone: (713) 520-8833 Facsimile: (713) 520-9933 Eservice: houstonservice@sloanfirm.com and- Elisa Contreras Salazar Paola Muraura Velazquez SALAZAR ELAZQUEZ, P.C. P.O. Box 70027 Houston, Texas 77270 Email: salazar@salazarvelazquez.com P’s Supp Initial Disclosures 5.27.21 velazquez@salazarvelazquez.com TORNEYS FOR PLAINTIFF DESIGNATED E-SERVICE E- AIL ADDRESS The following is the undersigned attorney’s designated e Service e mail address for all e- served documents and notices, filed and unfiled, pursuant to Texas Rule of Civil Procedures 21(f)(2) and 21a: houstonservice@sloanfirm.com. This the undersigned’s only e-Service e- mail address, and service through any other e mail address will be considered invalid. CERTIFICATE SERVICE I hereby certify that a true and correct copy the foregoing document has been forwarded via efile and facsimile in accordance with the Texas Rules of Civil Procedure on this 27th day May 2021, the following attorney record: Pam Rea Texas State Bar No. 00792790 HARRIS COUNTY ATTORNEY’S OFFICE 1019 Congress, 15 Floor Houston, Texas 77002 Telephone: (713) 274-5134 Facsimile: (713) 755-8924 Pam.rea@cao.hctx.net ATTORNEY FOR DEFENDANT HARRIS COUNTY JOE JONES KELLI McDONALD P’s Supp Initial Disclosures 5.27.21 GENERAL DISCLOSURE The following materials are incorporated reference herein: All depositions taken or to be taken in this case, together with all exhibits and attachments thereto. This includes both oral depositions and depositions written questions. All affidavits (business records and billing records) served by any party, together with all exhibits and attachments thereto. All documents (including photographs, videotapes, and graphic material) produced the Plaintiff any defendant this case. All written discovery responses served by the Plaintiff in this cause, regardless of the party serving the request. All medical illustrations produced Plaintiff this case. The Plaintiff’s designations expert witnesses, including supplemental designations, together with exhibits. All materials equally available to the Defendant through the use of any signed authorization to include Medical Records, Income Tax, Social Security, Texas Department of Insurance Division of Worker’s Compensation, Employment and/or Educational Records Authorizations. P’s Supp Initial Disclosures 5.27.21 PLAINTIFF’S SUPPLEMENTAL INITIAL DISLCOSURES PURSUANT TO RULE 194.2 EXPERT DISCLOSURE PURSUANT RULE 194.3 INITIAL DISCLOSURES PURSUANT RULE 194.2 The correct names of the parties to the lawsuit; RESPONSE: Plaintiff believes the parties are named correctly. The name, address and telephone number any potential parties; RESPONSE: None known Plaintiff this time. The legal theories, and in general, the factual basis of the responding party’s claims defenses; RESPONSE: Please see Plaintiff’s Original Complaint and any supplement amendment thereto. Computation of each category of damages claimed by the responding party, including non privileged documents and evidentiary material on which each computation is based, including materials bearing on the nature and extent injuries suffered; RESPONSE: PAST MEDICAL EXPENSES Plaintiff’s past medical expenses Based upon the billing records presently in Plaintiff’s possession, the medical expenses that have been paid or incurred by or on behalf Plaintiff and as a proximate cause of the occurrence in question, total $85,775.98. Plaintiff’s medical and billing records are produced in response to Tex. R. Civ. P. 194.2(10), below, and any supplement amendment thereto. (Billing records will proven custodial affidavit, depositions written questions, oral depositions, and/or live testimony at the time of trial, and will be furnished to Defendant in accordance with the Texas Rules of Civil Procedure): Provider Paid/Incurred OSD Surgery $46,496.00 STAT Diagnostic $3,950.00 Sterling Pharmacy $106.98 Houston Pain Spine $13,578.00 Billing and Practice Management $15,000.00 P’s Supp Initial Disclosures 5.27.21 Citywide Injury Accident $2,795.00 CORE Health $350.00 One Step Diagnostic $3,500.00 Total $85,775.98 FUTURE MEDICAL EXPENSES Future medical expenses in an amount to be determined by a jury on the basis of expert testimony based upon the nature the injury, the medical care rendered prior trial, and the condition of the Plaintiff at the time of trial. Ibrahim v. Young, 253 S.W.3d 790, (Tex. App.Eastland 2008). PHYSICAL PAIN AND SUFFERING THE PAST The amount of this element of damage is peculiarly within the province and discretion of the trier fact. FUTURE PHYSICAL PAIN AND SUFFERING The amount of this element of damage is peculiarly within the province and discretion of the trier fact. MENTAL ANGUISH THE PAST The amount of this element of damage is peculiarly within the province and discretion of the trier fact. FUTURE MENTAL ANGUISH The amount of this element of damage is peculiarly within the province and discretion of the trier fact. PAST PHYSICAL IMPAIRMENT The amount this element damage peculiarly within the province and discretion the trier fact. FUTURE PHYSICAL IMPAIRMENT The amount this element damage peculiarly within the province and discretion the trier fact. LOST WAGES Plaintiff will supplement this response. LOSS EARNING CAPACITY The amount this element damage peculiarly within the province and discretion the trier fact P’s Supp Initial Disclosures 5.27.21 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: OLANDO EYES LOAN ATCHER ERRY UNGE OBERTSON MITH ONES 101 East Whaley Street Longview, Texas75601 Plaintiff Harris County Police Department Congress, Floor Houston, Texas Defendant Ben Troyer, #S15472 Harris County Sheriff’s Office, Its current and former officers, employees, agents, staff and custodian(s) records Baker Street Houston, Texas (713) Investigating Officer James Allen (832) Witness to incident Thomas Waddell (713) Witness to incident Hasannah McGhee (832) Witness to incident THE FOLLOWING INDIVIDUALS ENTITIES THEIR CURRENT FORMER OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SERVANTS, PHYSICIANS, NURSES, PARAMEDICS, EMTs, ATTENDANTS, STAFF, HEALTHCARE PROVIDERS, CUSTODIANS OF RECORDS: OSD Surgery Center, its Physicians or Health Care Providers whose names appear in the medical records, employees, agents and custodians medical billing records including but not limited to: Asif Chaudry, MD Williams Trace Blvd P’s Supp Initial Disclosures 5.27.21 Sugar Land, TX 77478 (281) Plaintiff’s health care provider. Stat Diagnostics, its Physicians or Health Care Providers whose names appear in the medical records, employees, agents and custodians medical and billing records including but not limited to: Matthew Vaclavik, DC Katy Freeway Houston, TX 77007 (832) Plaintiff’s health care provider. Sterling Pharmacy, its Physicians or Health Care Providers whose names appear in the medical records, employees, agents and custodians medical and billing records including but not limited to: Clinton Corales, ACNP 6609 W Sam Houston Pkwy S, Ste 98B Houston, (713) Plaintiff’s health care provider. Houston Pain & Spine, itsPhysicians or Health Care Providers whose names appear the medical records, employees, agents and custodians of medical and billing records including but not limited to: Asif Chaudhry, West Loop South, Ste Bellaire, (832) Plaintiff’s health care provider. Billing and Practice Management LLC, its Physicians or Health Care Providers whose names appear in the medical records, employees, agents and custodians of medical and billing records including but not limited to: Asif Chaudhry, Box Houston, TX 77227 (713) Plaintiff’s health care provider. Citywide Injury & Accident, its Physicians or Health Care Providers whose names appear in the medical records, employees, agents and custodians of medical and billing records including but not limited to: Matthew Vaclavik, DC Hillcroft, Suite Houston, TX 77081 (713) P’s Supp Initial Disclosures 5.27.21 Plaintiff’s health care provider. Core Health, its Physicians or Health Care Providers whose names appear in the medical records, employees, agents and custodians of medical and billing records including but not limited to: Clinton Corales, ACNP Southwest Freeway, Suite Sugarland, Texas (281) Plaintiff’s health care provider. One Step Diagnostic, its Physicians or Health Care Providers whose names appear in the medical records, employees, agents and custodians medical and billing records including but not limited to: Asif Chaudhry, Katy Freeway Houston, Texas (713) Plaintiff’s health care provider. copy description category and location all documents, electronically stored information, and tangible things that the responding party has in its possession, custody, or control, and may use to support its claims defenses, unless the use would be solely for impeachment; RESPONSE: Description Documents Category Location: Plaintiff’s medical records with business record affidavits; (REYES0004 REYES0360) Plaintiff’s medical billing records with Tex. Civ. Prac. Rem. Code 18.001 affidavits; (REYES0004 REYES0360) Crash Report; (REYES0361 REYES0363) Photographs (REYES0001 REYES0003) Client’s injuries; Client’s vehicle; Scene collision; Defendant’s vehicle; Law enforcement vehicle mounted and/or body worn camera video footage; Any and all witness statements; Repair Estimates for Plaintiff’s vehicle; Repair Estimates for Defendant’s vehicle; Plaintiff reasonably believes that Defendant(s) have possession, custody or control of P’s Supp Initial Disclosures 5.27.21 documents that Plaintiff will use to support its claims and/or defenses. Discovery is in its infancy. Plaintiff incorporates herein by reference any documents produced in this matter by any party in response to discovery, and any documents obtained from any third party in conjunction with any oral deposition, or any deposition on written questions, whether in response to any subpoena duces tecum request for production. Any indemnity and insuring agreements described in Rule 192.3(f); RESPONSE: Not applicable Plaintiff. Any settlement agreements described in Rule 192.3(g); RESPONSE: None. Any witness statements described Rule 192.3(h); RESPONSE: None, other than as may be contained in the Texas Peace Officer’s Crash Report attached hereto and Bates stamped REYES0361 REYES0363. In a suit alleging physical or mental injury and damages from the occurrence that the subject the case, all medical records and bills that are reasonably related the injuries damages asserted or, lieu thereof, authorization permitting the disclosure such medical records and bills. RESPONSE: See Plaintiff’s medical records and medical billing records attached hereto Bates stamped REYES0004 REYES0360. 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: Not applicable. the name, address, and telephone number any person who may P’s Supp Initial Disclosures 5.27.21 designated as a responsible third party. RESPONSE: None known Plaintiff this time. EXPERT DISCLOSURES PURSUANT RULE 194.3 For any testifying expert; (1) the expert’s name, address and telephone number; (2) the subject matter which the expert will testify; (3) the general substance the expert’s mental impressions and opinions and a brief summary of the basis for them, of if the expert is not retained by, employed by, or otherwise subject to the control the responding party, documents reflecting such information; (4) if the expert is retained by, employed by, or otherwise subject to the control the responding party: (A) all documents, tangible things, reports, models, data compilations that have been provided to, reviewed by, or prepared by or for the expert in anticipation of the expert’s testimony; and (B) the expert’s current resume and bibliography; (C) the expert’s qualifications, including list all publications authored the previous years; (D) a list of all other cases in which, during the previous four years, the expert testified expert trial deposition; (E) a statement of the compensation to be paid for the expert’s study and testimony the case. SUPPLEMENTAL RESPONSE (5.27.21) (1) RETAINED ATTORNEY’S FEES EXPERTS. The following experts may testify regarding the reasonable and necessary expenses, including attorney’s fees incurred in this litigation against defendant Harris County P’s Supp Initial Disclosures 5.27.21 JOSEPH K. JONES KELLI M. McDONALD LOAN ATCHER ERRY UNGE OBERTSON MITH ONES 15010 FM 529 Houston, Texas 77095 Telephone: (713) 520 (2) Subject Matters of Retained Attorney’s Fees Expert. The subject matters on which said retained, controlled experts will testify are as follows: the time and labor required, the novelty and difficulty of the questions involved, and the skills required to perform the legal services properly; the likelihood that acceptance of the particular employment precluded other employment by said experts; the fee customarily charged in the locality for similar legal services; the amounts involved and the expected results obtained; the nature and length of the professional relationship with the client; the experience, reputation, and ability of the lawyers performing the services; whether the fee is fixed or contingent on results obtained or uncertainty of collection before the legal services have been rendered; the nature and character of the services provided, concerning the particular claims and parties for which the fees are recoverable; whether the professional services were reasonably necessary; and the nature and/or extent of the reasonable value of the services rendered. expenses incurred in responding to Defendant’s spurious motions. (3) Impressions and Opinions of Retained Attorney’s Fees Expert. The general substance of said retained attorney’s fees’ mental impressions and opinions are expected to be, and a brief summary of the basis for them are, as follows: Mr. Jones and/or Ms. McDonald have litigated this case as lead counsel for over 3 months at this time, and, given their experience so far, they expect that they will have spent over hours responding to Defendant’s spurious discovery motions by the conclusion of trial. This does not include time spent litigating the main action. Harris County has sought to litigate frivolous discovery issues requiring Plaintiff’s counsel to respond thereby increasing the expense of litigation. The issues in this case are moderately complex because there are various theories of liability and multiple areas of the law involved. Litigating a case of this nature requires significant litigation experience and an advanced understanding of personal injury law. P’s Supp Initial Disclosures 5.27.21 Acceptance of this case certainly precluded other employment by Mr. Jones and Ms. McDonald. Time spent working on this case has significantly precluded their ability to accept employment on other cases that they likely would have taken. The amount charged by said experts for their services, $500.00 per hour, is customary for experts with similar experience, training, education, competency, and skill as Mr. Jones and Ms. McDonald. To date, said experts’ attorney fees r hourly attorneys fees in responding to Defendant’s Special Exceptions is approximately $3,500.00. However, at this time, said experts expect fees will exceed of $50,000.00 by the end of trial. Mr. Jones and/or Ms. McDonald have known Plaintiff for over 3 months now and have developed a sustaining professional relationship with him. The CV’s of said experts were produced bearing Bates stamp REYES0364 REYES368. They are hereby incorporated by reference as if stated fully herein. Plaintiff agreed to pay a contingent fee of % of the total recovery made on his behalf, if any. Said experts provided and/or will provide Plaintiff with professional legal services to include responding to defendant’s spurious motions (if necessary). The legal services provided were all reasonable and necessary. The reasonable value of the services rendered to date for hourly attorneys fees in Responding to Defendant’s Special Exceptions is approximately $3,500.00 RESPONSE: Plaintiff will provide this information in compliance with the scheduling ordered entered the Court. Plaintiff’s Treating Physicians and Other Persons with Knowledge of Relevant Facts Who May Qualify Experts Have Not Been Specially Retained (Fact Experts 194.2(f)) The following person(s), or the custodian(s) of records, have not been retained by and are not employed by, or are otherwise subject to the control of Plaintiff (hereinafter referred to as "non retained" experts), but are hereby designated as testifying experts by Plaintiff and the following information is provided in accordance with Texas Rule of Civil Procedure 194.2. Although these witnesses have not been specifically retained as expert witnesses by Plaintiff, and while Plaintiff cannot vouch for the expertise or credibility of such witnesses at this time, itis believed that they may have knowledge, training or expertise which may qualify them as experts. Accordingly, Plaintiff will designate these witnesses as persons who may be called upon to give testimony that would be considered expert testimony. P’s Supp Initial Disclosures 5.27.21 NON RETAINED MEDICAL EXPERTS. The following healthcare providers, and/or the custodian of their records, may testify regarding the injuries sustained by Plaintiff in the incident made the subject of this suit, their medical diagnosis, prognosis and the reasonable and necessary cost of hospital, doctor and medical bills for treatment Plaintiff’s injuries the past and the future. Please refer to the healthcare providers’ records for their mental impressions, opinions, conclusions, and the factual basis for opinion. I.1. Identity Non Retained Medical Experts. The names the non retained, non controlled medical experts and their addresses and telephone numbers are follows: THE FOLLOWING INDIVIDUALS ENTITIES THEIR CURRENT FORMER OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SERVANTS, PHYSICIANS, NURSES, PARAMEDICS, EMTs, ATTENDANTS, STAFF, HEALTHCARE PROVIDERS, CUSTODIANS OF RECORDS: OSD Surgery Center 2121 Williams Trace Blvd Sugar Land, TX 77478 (281) Stat Diagnostics Katy Freeway Houston, TX 77007 (832) Sterling Pharmacy 6609 W Sam Houston Pkwy S, Ste 98B Houston, (713) Houston Pain Spine West Loop South, Ste Bellaire, (832) Billing and Practice Management LLC Box Houston, TX 77227 (713) Citywide Injury Accident 6065 Hillcroft, Suite 508 Houston, TX 77081 P’s Supp Initial Disclosures 5.27.21 (713) Core Health Southwest Freeway, Suite Sugarland, Texas (281) One Step Diagnostic Katy Freeway Houston, Texas (713) Plaintiff’s health care provider I.2. Subject Matters Non Retained Medical Experts. The subject matters on which said non retained, non controlled medical experts will testify are follows: the existence, nature and/or extent the injuries sustained Plaintiff; the examination, diagnostics and treatment of the injuries sustained by Plaintiff; pre existing injuries, if any, to, and/or pre existing medical conditions, if any, Plaintiff; the type, purpose, extent, results, evaluations and/or interpretations examinations, treatments, rays, diagnostics, and tests regarding Plaintiff; recommendations, diagnosis and prognosis with regard to the injuries of Plaintiff; the existence, nature and/or extent of the disabilities and/or incapacities of Plaintiff the past, and the reasonable probability and extent of the disabilities and/or incapacities which Plaintiff may suffer from the future; the cause and/or causes of Plaintiff’s condition(s), injuries, disabilities and/or capacities; medical care and treatment and medications that have been required by Plaintiff in the past for the treatment of the injuries sustained by Plaintiff the subject incident and for rehabilitation from such injuries; medical care and treatment and medications that will required P’s Supp Initial Disclosures 5.27.21 Plaintiff in the future, if any, for the treatment of the injuries sustained by Plaintiff the subject incident and for rehabilitation from such injuries; the reasonableness and the necessity of the medical services and medical care and medications rendered to Plaintiff in the past, and that Plaintiff will reasonable probability receive the future, for the injuries sustained Plaintiff the subject incident; all those subject matters contained, discussed disclosed in: (1) the medical records, diagnostic records, of Plaintiff which have been and which may hereafter be produced this cause; (2) all medical records affidavits and/or medical billing affidavits which have been served and which may hereafter be served in this cause, and all exhibits thereto; (3) the oral depositions and the depositions on written questions of Plaintiff’s health care providers which have been taken and which may hereafter be taken in this cause, and all exhibits thereto; and (4) all written reports of healthcare providers produced during the course discovery this cause. All of said documents are incorporated herein by reference as though set out at length for all purposes. I.3. Impressions and Opinions Non Retained Medical Experts. The general substance said non retained/non controlled medical experts’ mental impressions and opinions are expected to be, and a brief summary of the basis for them are, as follows: the nature, extent and severity of Plaintiff’s alleged injuries, incapacities, and disabilities; Plaintiff’s injuries, incapacities, and/or disabilities are the result in whole or in part of the injuries received by Plaintiff as a result of the subject incident and made the subject this suit; the medical care and treatment rendered to Plaintiff was reasonable and necessary; the subject incident did, based on reasonable medical probability, cause all the complaints, disabilities, injuries, and/or incapacities Plaintiff; that any surgical intervention for treatment of Plaintiff’s injuries and/or symptoms was necessitated and proximately caused by the incident made P’s Supp Initial Disclosures 5.27.21 the subject this lawsuit that the medical treatment and expenses of Plaintiff were necessitated by the incident which is the subject this lawsuit; that Plaintiff will, in reasonable probability, require medical care in the future to treat the injuries and/or symptoms proximately caused by the incident made the subject of this lawsuit, and the reasonable cost of that care; all other impressions and/or opinions that are contained, discussed, and/or disclosed the following: (1) the medical records of Plaintiff which has been and which may hereafter produced this cause; (2) the medical records affidavits and medical billing affidavits which have been served and which may hereafter be served in this cause and all exhibits thereto; (3) the oral depositions and the depositions on written questions of Plaintiff’s health care providers which have been taken and which may hereafter be taken in this cause, and all exhibits thereto; and (4) all written reports of healthcare providers produced during the course discovery this cause. All said documents are incorporated herein reference though set out length for all purposes. I.4. Brief Summary Basis for Impressions and Opinions. The basis for the foregoing impressions and opinions the above named and/or designated expert witnesses are all the facts shown and/or contained in: All the medical records Plaintiff produced this cause; All depositions taken and hereafter taken in this cause, either by written questions orally, and all exhibits thereto; The expert reports, any, herein above expressly referred to; All witness statements which may be produced this cause; All the photographs and videotape recordings produced this cause; The Responses to Requests For Disclosure, Responses to Requests For Production, Answers Interrogatories, and the Amendments and P’s Supp Initial Disclosures 5.27.21 Supplements thereto which have been served by each of the parties in this cause action; The Pleadings file this cause action; and All docu