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CAUSE NO. 2021
AMANDA QUIBODEAUX IN THE DISTRICT COURT OF
HARRIS COUNTY, TEXAS
AUGUSTE NEBO SICHOM,
DNL EXPRESS INC, AND
GROUND SERVICE INC. DISTRICT COURT
DESIGNATION OF EXPERTS
TO: Defendant, AUGUSTE NEBO SICHOM GROUND SERVICE INC. and DNL EXPRESS
INC by and through his attorneys of record Jason D. Bath, Bush & Ramirez, PLLC, 5615
Kirby Drive, Suite 900, Houston, TX 77005
Pursuant to provision of Texas Rule of Civil Procedure 195, Plaintiff hereby designates
the following experts:
RETAINED MEDICAL EXPERTS.
The following healthcare providers, and/or the custodian of their records, may testify
regarding the injuries sustained by Plaintiff as a result of the incident made the subject of this suit,
Plaintiff’s medical diagnosis, prognosis and the reasonable and necessary cost of hospital, doctor
and medical bills for treatment of Plaintiff’s injuries in the past and in the future.
FRONTIER EMERGENCY ROOM
(a)(1): expert’s name, address, and telephone number;
Meshann Fitzgerald
7051 FM 1464
Richmond, TX 77407
(a)(2): the subject matter on which the expert will testify:
their knowledge, skill, training, education, and/or experience as they relate to the
subject matter of this lawsuit;
their qualifications to render an expert opinion;
plaintiff's injuries at issue in this case;
the medical care that he provided and/or prescribed to plaintiff;
the existence, nature and/or extent of, and pain associated with the injuries
sustained by Plaintiff;
the examination and treatment of the injuries sustained by Plaintiff;
o pre-existing injuries to and/or pre-existing medical conditions of Plaintiff, or lack
thereof;
o the type, purpose, extent, results, evaluations and/or interpretations of
examinations, treatments, x-rays and MRI’s tests regarding Plaintiff;
o recommendations, diagnosis and prognosis regarding the Plaintiff’s injuries;
o the existence, nature and/or extent of the disabilities and/or incapacities of Plaintiff
in the past, and the reasonable probability and extent of the disabilities and/or
incapacities which Plaintiff may suffer from in the future;
o the cause(s) of Plaintiff’s condition(s), injuries, disabilities and/or capacities;
o medical care and treatment and medications that have been required by Plaintiff in
the past for the treatment of the injuries allegedly sustained by Plaintiff in the
subject collision and for rehabilitation from such injuries;
o medical care and treatment and medications that will be required by Plaintiff in the
future, if any, for the treatment of the injuries allegedly sustained by Plaintiff in the
subject collision and for rehabilitation from such injuries;
o the reasonableness of the costs associated with, and the necessity of, the medical
services, medical care, and medications prescribed to Plaintiff in the past.
o the reasonableness of the costs associated with, and the necessity of, the medical
services, medical care, and medications that Plaintiff, in reasonable medical
probability, will need in the future for the injuries sustained by Plaintiff in the
subject collision;
o all those subject matters contained, discussed or disclosed in:
â–ª the medical records of Plaintiff which have been and which may hereafter
be produced in this cause;
â–ª 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;
▪ 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
â–ª all written reports of healthcare providers produced during the course of
discovery in this cause.
o All of the above documents are incorporated herein by reference as though set out
verbatim for all purposes.
• (a)(3): 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;
o the medical care and treatment rendered to Plaintiff was reasonable and/or
necessary;
o the subject accident did, based on reasonable medical probability, cause all of the
complaints, disabilities, injuries, and/or incapacities of Plaintiff;
o that any surgical intervention for treatment of Plaintiff’s symptoms was
necessitated and proximately caused by the incident made the subject of this
lawsuit;
o that the medical expenses of Plaintiff were necessitated by the incident which is the
subject of this lawsuit;
o all other impressions and/or opinions that are contained, discussed, and/or disclosed
in the following:
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â–ª the medical records of Plaintiff which have been and which may hereafter
be produced in this cause:
â–ª 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;
▪ 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
â–ª all written reports of healthcare providers produced during the course of
discovery in this cause.
o The experts’ opinions are based on the following:
â–ª The medical records of Plaintiff produced in this cause;
â–ª The experts knowledge, skill, training, education, and/or experience as they
relate to the subject matter of this lawsuit;
â–ª The experts time, examinations, and conversations with Plaintiff;
â–ª All depositions taken and hereafter taken in this cause, either by written
questions or orally, and all exhibits thereto;
â–ª The expert reports herein above expressly referred to;
â–ª All witness statements which may be produced in this cause;
â–ª All of the photographs and videotape recordings produced in this cause;
â–ª The Responses to Requests for Disclosure, Responses to Requests for
Production, Answers to Interrogatories, and the Amendments and
Supplements thereto which have been served by each of the parties in this
action;
â–ª The pleadings on file in this action; and
â–ª All documents and tangible things produced in this cause.
GALLERIA WELLNESS
• (a)(1): expert’s name, address, and telephone number;
o Hani Said, D.C.
o 4545 Post Oak Place, Ste. 120
o Houston, TX 77027
o 713-622-5600
• (a)(2): the subject matter on which the expert will testify:
o his knowledge, skill, training, education, and/or experience as they relate to the
subject matter of this lawsuit;
o his qualifications to render an expert opinion;
o plaintiff's injuries at issue in this case;
o the medical care that he provided and/or prescribed to plaintiff;
o the existence, nature and/or extent of, and pain associated with the injuries
sustained by Plaintiff;
o the examination and treatment of the injuries sustained by Plaintiff;
o pre-existing injuries to and/or pre-existing medical conditions of Plaintiff, or lack
thereof;
o the type, purpose, extent, results, evaluations and/or interpretations of
examinations, treatments, x-rays and MRI’s tests regarding Plaintiff;
o recommendations, diagnosis and prognosis regarding the Plaintiff’s injuries;
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o the existence, nature and/or extent of the disabilities and/or incapacities of Plaintiff
in the past, and the reasonable probability and extent of the disabilities and/or
incapacities which Plaintiff may suffer from in the future;
o the cause(s) of Plaintiff’s condition(s), injuries, disabilities and/or capacities;
o medical care and treatment and medications that have been required by Plaintiff in
the past for the treatment of the injuries allegedly sustained by Plaintiff in the
subject collision and for rehabilitation from such injuries;
o medical care and treatment and medications that will be required by Plaintiff in the
future, if any, for the treatment of the injuries allegedly sustained by Plaintiff in the
subject collision and for rehabilitation from such injuries;
o the reasonableness of the costs associated with, and the necessity of, the medical
services, medical care, and medications prescribed to Plaintiff in the past.
o the reasonableness of the costs associated with, and the necessity of, the medical
services, medical care, and medications that Plaintiff, in reasonable medical
probability, will need in the future for the injuries sustained by Plaintiff in the
subject collision;
o all those subject matters contained, discussed or disclosed in:
â–ª the medical records of Plaintiff which have been and which may hereafter
be produced in this cause;
â–ª 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;
▪ 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
â–ª all written reports of healthcare providers produced during the course of
discovery in this cause.
o All of the above documents are incorporated herein by reference as though set out
verbatim for all purposes.
• (a)(3): 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;
o the medical care and treatment rendered to Plaintiff was reasonable and/or
necessary;
o the subject accident did, based on reasonable medical probability, cause all of the
complaints, disabilities, injuries, and/or incapacities of Plaintiff;
o that any surgical intervention for treatment of Plaintiff’s symptoms was
necessitated and proximately caused by the incident made the subject of this
lawsuit;
o that the medical expenses of Plaintiff were necessitated by the incident which is the
subject of this lawsuit;
o all other impressions and/or opinions that are contained, discussed, and/or disclosed
in the following:
â–ª the medical records of Plaintiff which have been and which may hereafter
be produced in this cause. including the following:
â–ª 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;
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▪ 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
â–ª all written reports of healthcare providers produced during the course of
discovery in this cause.
o The experts’ opinions are based on the following:
â–ª The medical records of Plaintiff produced in this cause;
â–ª The experts knowledge, skill, training, education, and/or experience as they
relate to the subject matter of this lawsuit;
â–ª The experts time, examinations, and conversations with Plaintiff;
â–ª All depositions taken and hereafter taken in this cause, either by written
questions or orally, and all exhibits thereto;
â–ª The expert reports herein above expressly referred to;
â–ª All witness statements which may be produced in this cause;
â–ª All of the photographs and videotape recordings produced in this cause;
â–ª The Responses to Requests for Disclosure, Responses to Requests for
Production, Answers to Interrogatories, and the Amendments and
Supplements thereto which have been served by each of the parties in this
action;
â–ª The pleadings on file in this action; and
â–ª All documents and tangible things produced in this cause.
GALLERIA MRI
• (a)(1): expert’s name, address, and telephone number;
o Jamie Tsai, M.D.
o 3391 Westpark Drive
o Houston, TX 77005
o 281-888-2727
• (a)(2): the subject matter on which the expert will testify:
o his knowledge, skill, training, education, and/or experience as they relate to the
subject matter of this lawsuit;
o his qualifications to render an expert opinion;
o plaintiff's injuries at issue in this case;
o the medical care that he provided and/or prescribed to plaintiff;
o the existence, nature and/or extent of, and pain associated with the injuries
sustained by Plaintiff;
o the examination and treatment of the injuries sustained by Plaintiff;
o pre-existing injuries to and/or pre-existing medical conditions of Plaintiff, or lack
thereof;
o the type, purpose, extent, results, evaluations and/or interpretations of
examinations, treatments, x-rays and MRI’s tests regarding Plaintiff;
o recommendations, diagnosis and prognosis regarding the Plaintiff’s injuries;
o the existence, nature and/or extent of the disabilities and/or incapacities of Plaintiff
in the past, and the reasonable probability and extent of the disabilities and/or
incapacities which Plaintiff may suffer from in the future;
o the cause(s) of Plaintiff’s condition(s), injuries, disabilities and/or capacities;
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o medical care and treatment and medications that have been required by Plaintiff in
the past for the treatment of the injuries allegedly sustained by Plaintiff in the
subject collision and for rehabilitation from such injuries;
o medical care and treatment and medications that will be required by Plaintiff in the
future, if any, for the treatment of the injuries allegedly sustained by Plaintiff in the
subject collision and for rehabilitation from such injuries;
o the reasonableness of the costs associated with, and the necessity of, the medical
services, medical care, and medications prescribed to Plaintiff in the past.
o the reasonableness of the costs associated with, and the necessity of, the medical
services, medical care, and medications that Plaintiff, in reasonable medical
probability, will need in the future for the injuries sustained by Plaintiff in the
subject collision;
o all those subject matters contained, discussed or disclosed in:
â–ª the medical records of Plaintiff which have been and which may hereafter
be produced in this cause;
â–ª 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;
▪ 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
â–ª all written reports of healthcare providers produced during the course of
discovery in this cause.
o All of the above documents are incorporated herein by reference as though set out
verbatim for all purposes.
• (a)(3): 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;
o the medical care and treatment rendered to Plaintiff was reasonable and/or
necessary;
o the subject accident did, based on reasonable medical probability, cause all of the
complaints, disabilities, injuries, and/or incapacities of Plaintiff;
o that any surgical intervention for treatment of Plaintiff’s symptoms was
necessitated and proximately caused by the incident made the subject of this
lawsuit;
o that the medical expenses of Plaintiff were necessitated by the incident which is the
subject of this lawsuit;
o all other impressions and/or opinions that are contained, discussed, and/or disclosed
in the following:
â–ª the medical records of Plaintiff which have been and which may hereafter
be produced in this cause.
â–ª 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;
▪ 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
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â–ª all written reports of healthcare providers produced during the course of
discovery in this cause.
o The experts’ opinions are based on the following:
â–ª The medical records of Plaintiff produced in this cause;
â–ª The experts knowledge, skill, training, education, and/or experience as they
relate to the subject matter of this lawsuit;
â–ª The experts time, examinations, and conversations with Plaintiff;
â–ª All depositions taken and hereafter taken in this cause, either by written
questions or orally, and all exhibits thereto;
â–ª The expert reports herein above expressly referred to;
â–ª All witness statements which may be produced in this cause;
â–ª All of the photographs and videotape recordings produced in this cause;
â–ª The Responses to Requests for Disclosure, Responses to Requests for
Production, Answers to Interrogatories, and the Amendments and
Supplements thereto which have been served by each of the parties in this
action;
â–ª The pleadings on file in this action; and
â–ª All documents and tangible things produced in this cause.
CAPSTONE SURGERY CENTER, LLC
• (a)(1): expert’s name, address, and telephone number;
o Samir Fahed, M.D.
o 8700 S Gessner Road, Ste. 200
o Houston, TX 77074
o 832-831-5691
• (a)(2): the subject matter on which the expert will testify:
o his knowledge, skill, training, education, and/or experience as they relate to the
subject matter of this lawsuit;
o his qualifications to render an expert opinion;
o plaintiff's injuries at issue in this case;
o the medical care that he provided and/or prescribed to plaintiff;
o the existence, nature and/or extent of, and pain associated with the injuries
sustained by Plaintiff;
o the examination and treatment of the injuries sustained by Plaintiff;
o pre-existing injuries to and/or pre-existing medical conditions of Plaintiff, or lack
thereof;
o the type, purpose, extent, results, evaluations and/or interpretations of
examinations, treatments, x-rays and MRI’s tests regarding Plaintiff;
o recommendations, diagnosis and prognosis regarding the Plaintiff’s injuries;
o the existence, nature and/or extent of the disabilities and/or incapacities of Plaintiff
in the past, and the reasonable probability and extent of the disabilities and/or
incapacities which Plaintiff may suffer from in the future;
o the cause(s) of Plaintiff’s condition(s), injuries, disabilities and/or capacities;
o medical care and treatment and medications that have been required by Plaintiff in
the past for the treatment of the injuries allegedly sustained by Plaintiff in the
subject collision and for rehabilitation from such injuries;
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o medical care and treatment and medications that will be required by Plaintiff in the
future, if any, for the treatment of the injuries allegedly sustained by Plaintiff in the
subject collision and for rehabilitation from such injuries;
o the reasonableness of the costs associated with, and the necessity of, the medical
services, medical care, and medications prescribed to Plaintiff in the past.
o the reasonableness of the costs associated with, and the necessity of, the medical
services, medical care, and medications that Plaintiff, in reasonable medical
probability, will need in the future for the injuries sustained by Plaintiff in the
subject collision;
o all those subject matters contained, discussed or disclosed in:
â–ª the medical records of Plaintiff which have been and which may hereafter
be produced in this cause;
â–ª 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;
▪ 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
â–ª all written reports of healthcare providers produced during the course of
discovery in this cause.
o All of the above documents are incorporated herein by reference as though set out
verbatim for all purposes.
• (a)(3): 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;
o the medical care and treatment rendered to Plaintiff was reasonable and/or
necessary;
o the subject accident did, based on reasonable medical probability, cause all of the
complaints, disabilities, injuries, and/or incapacities of Plaintiff;
o that any surgical intervention for treatment of Plaintiff’s symptoms was
necessitated and proximately caused by the incident made the subject of this
lawsuit;
o that the medical expenses of Plaintiff were necessitated by the incident which is the
subject of this lawsuit;
o all other impressions and/or opinions that are contained, discussed, and/or disclosed
in the following:
â–ª the medical records of Plaintiff which have been and which may hereafter
be produced in this cause.
â–ª 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;
▪ 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
â–ª all written reports of healthcare providers produced during the course of
discovery in this cause.
o The experts’ opinions are based on the following:
â–ª The medical records of Plaintiff produced in this cause;
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â–ª The experts knowledge, skill, training, education, and/or experience as they
relate to the subject matter of this lawsuit;
â–ª The experts time, examinations, and conversations with Plaintiff;
â–ª All depositions taken and hereafter taken in this cause, either by written
questions or orally, and all exhibits thereto;
â–ª The expert reports herein above expressly referred to;
â–ª All witness statements which may be produced in this cause;
â–ª All of the photographs and videotape recordings produced in this cause;
â–ª The Responses to Requests for Disclosure, Responses to Requests for
Production, Answers to Interrogatories, and the Amendments and
Supplements thereto which have been served by each of the parties in this
action;
â–ª The pleadings on file in this action; and
â–ª All documents and tangible things produced in this cause.
II. NON-RETAINED PEACE OFFICER EXPERT.
The following peace officer, and/or the custodian(s) of their records, may testify regarding
the facts of the wreck made the subject matter of this case, the causation of the wreck, and
statements made by the persons involved in the wreck, or witnesses thereto. Please refer to the
officer’s files, and his oral deposition (when taken herein) for his mental impressions, opinions,
conclusions, and the factual basis for each opinion.
• (a)(1): expert’s name, address, and telephone number;
o J. Phan
o ID Number 10250
o Houston Police Department
o 1200 Travis St.
o Houston, TX 77002
o 713-884-3131
• (a)(2): the subject matter on which the expert will testify:
o the facts surrounding the wreck;
o the cause of the wreck;
o the results of his accident investigation/recreation of the wreck;
o the facts obtained during his investigation of this wreck;
o any observations made by them at the scene of the wreck or during the course of
his investigation;
o the substance of any witness statements taken during the course of his investigation;
o any analysis of the vehicles involved in this collision; and
o all those subject matters contained, discussed or disclosed in:
▪ the officer’s file(s) regarding this wreck and all documents contained
therein;
â–ª the depositions taken in this cause, orally and on written questions;
â–ª all written reports produced during the course of discovery in this cause;
â–ª all pictures taken of the wreck, the vehicles involved in the wreck, or the
injuries received in the wreck, including all photographs produced during
the course of discovery in this cause;
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â–ª all statements produced during the course of discovery in this cause;
â–ª any deposition testimony given in this cause by any of the above designated
individuals or any individual who also investigated this wreck but who is
not specifically identified above.
All of which documents are incorporated herein by reference as though set out at length
for all purposes.
• (a)(3): 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;
o the facts of the wreck made the subject of this suit;
o the identity of the drivers involved in the wreck made the subject of this suit;
o the causative factors regarding the wreck made the subject of this suit;
o the extent of the damage to the vehicles involved in the wreck made the subject of
this suit;
o Auguste Nebo Sichom is at fault for the subject collision;
o Auguste Nebo Sichom failed to control his speed;
o Auguste Nebo Sichom was the sole contributing factor to the wreck;
o Plaintiff appeared injured at the scene of the collision;
o Plaintiff did not contribute to or cause the subject collision;
o the traffic conditions, terrain, and weather conditions at the time of the wreck made
the subject of this suit.
â–ª all other impressions and opinions that are contained, discussed or disclosed
in:
▪ the officer’s file(s) regarding this wreck and all documents contained
therein;
â–ª the depositions taken in this cause, orally and on written questions;
â–ª all written reports produced during the course of discovery in this cause;
â–ª all accident reports created by any governmental agency and all attachments
thereto;
â–ª any and all pictures taken of the wreck, the vehicles involved in the wreck,
or the injuries received in the wreck, including all photographs produced
during the course of discovery in this cause;
â–ª all statements produced during the course of discovery in this cause;
â–ª any deposition testimony given in this cause by any of the above designated
individuals or any individual who also investigated this wreck but who is
not specifically identified above.
All of which documents are incorporated herein by reference as though set out at length
for all purposes.
• The basis for the foregoing impressions and opinions of the above named and/or designated
expert witness are all of the facts shown by and/or contained in:
o the Peace Officer’s investigation of the wreck including the scene of the wreck;
o the vehicles involved;
o the statements of the drivers and passengers in the vehicles;
o statements of witnesses to the wreck;
o emergency medical care rendered to the parties;
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o the officer’s file(s) regarding the wreck and all documents contained therein;
o all depositions taken and hereafter taken in this cause, either by written questions
or orally, and all exhibits thereto;
o the expert reports herein above expressly referred to;
o all witness statements which may be produced in this cause;
o all of the photographs and videotape recordings produced in this cause or obtained
by the designated individuals during the course of their investigation;
o the Responses to Requests For Disclosure, Responses to Requests For Production,
Answers to Interrogatories, and the Amendments and Supplements thereto which
have been served by each of the parties to this cause;
o the Pleadings on file in this cause;
o all documents and tangible things produced in this cause;
o All depositions taken and hereafter taken in this cause, either by written questions
or orally, and all exhibits thereto; and
o the knowledge and experience of the investigating officer along with any
specialized training received by him and his observations, deductions and
calculations performed during his investigation of this wreck.
All of which records, reports, documents, depositions, photographs and videotape
recordings are incorporated herein by reference and made a part hereof for all purposes as if set
out at length herein.
ADDITIONAL DISCLOSURES.
Plaintiff also incorporates herein by reference all depositions; depositions on written
questions; documents and exhibits attached to or referenced in all depositions; and all documents
produced by any party hereto in disclosures and/or discovery. Any opinions and bases for opinions
discussed in deposition(s) are incorporated herein.
Plaintiff further refers the Defendants to Plaintiff’s retained and non-retained experts’ files,
reports and supplemental reports; written discovery responses of all parties; pleadings of all
parties; depositions and exhibits thereto; medical and billing records; rebuttal opinions; factual
observations and opinions.
Plaintiff further reserves the right through cross-examination or deposition, to call any
expert witness identified herein by the Defendants.
Plaintiff reserves the right to withdraw the designation of any expert witness and to aver
positively that such previously designated expert will not be called as an expert witness at trial and
to redesignate same as a consulting expert, who cannot be called by opposing counsel.
Plaintiff reserves the right to elicit any expert testimony and/or lay opinion testimony that
would assist the jury in determining material issues of fact and that would not violate the Texas
Rules of Civil Procedure.
Plaintiff reserves all additional rights that Plaintiff may have regarding expert witnesses
and testimony under the Texas Rules of Civil Procedure, case law and rulings of this Honorable
Court.
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Plaintiff reserves the right to elicit expert opinion from any of the designated fact witnesses
within any area as to which such person has expertise.
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CAUSE NO. 2021 AMANDA QUIBODEAUX IN THE DISTRICT COURT OF HARRIS COUNTY, TEXAS AUGUSTE NEBO SICHOM, DNL EXPRESS INC, AND GROUND SERVICE INC. DISTRICT COURT DESIGNATION OF EXPERTS TO: Defendant, AUGUSTE NEBO SICHOM GROUND SERVICE INC. and DNL EXPRESS INC by and through his attorneys of record Jason D. Bath, Bush & Ramirez, PLLC, 5615 Kirby Drive, Suite 900, Houston, TX 77005 Pursuant to provision of Texas Rule of Civil Procedure 195, Plaintiff hereby designates the following experts: RETAINED MEDICAL EXPERTS. The following healthcare providers, and/or the custodian of their records, may testify regarding the injuries sustained by Plaintiff as a result of the incident made the subject of this suit, Plaintiff’s medical diagnosis, prognosis and the reasonable and necessary cost of hospital, doctor and medical bills for treatment of Plaintiff’s injuries in the past and in the future. FRONTIER EMERGENCY ROOM (a)(1): expert’s name, address, and telephone number; Meshann Fitzgerald 7051 FM 1464 Richmond, TX 77407 (a)(2): the subject matter on which the expert will testify: their knowledge, skill, training, education, and/or experience as they relate to the subject matter of this lawsuit; their qualifications to render an expert opinion; plaintiff's injuries at issue in this case; the medical care that he provided and/or prescribed to plaintiff; the existence, nature and/or extent of, and pain associated with the injuries sustained by Plaintiff; the examination and treatment of the injuries sustained by Plaintiff; o pre-existing injuries to and/or pre-existing medical conditions of Plaintiff, or lack thereof; o the type, purpose, extent, results, evaluations and/or interpretations of examinations, treatments, x-rays and MRI’s tests regarding Plaintiff; o recommendations, diagnosis and prognosis regarding the Plaintiff’s injuries; o the existence, nature and/or extent of the disabilities and/or incapacities of Plaintiff in the past, and the reasonable probability and extent of the disabilities and/or incapacities which Plaintiff may suffer from in the future; o the cause(s) of Plaintiff’s condition(s), injuries, disabilities and/or capacities; o medical care and treatment and medications that have been required by Plaintiff in the past for the treatment of the injuries allegedly sustained by Plaintiff in the subject collision and for rehabilitation from such injuries; o medical care and treatment and medications that will be required by Plaintiff in the future, if any, for the treatment of the injuries allegedly sustained by Plaintiff in the subject collision and for rehabilitation from such injuries; o the reasonableness of the costs associated with, and the necessity of, the medical services, medical care, and medications prescribed to Plaintiff in the past. o the reasonableness of the costs associated with, and the necessity of, the medical services, medical care, and medications that Plaintiff, in reasonable medical probability, will need in the future for the injuries sustained by Plaintiff in the subject collision; o all those subject matters contained, discussed or disclosed in: ▪ the medical records of Plaintiff which have been and which may hereafter be produced in this cause; ▪ 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; ▪ 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 ▪ all written reports of healthcare providers produced during the course of discovery in this cause. o All of the above documents are incorporated herein by reference as though set out verbatim for all purposes. • (a)(3): 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; o the medical care and treatment rendered to Plaintiff was reasonable and/or necessary; o the subject accident did, based on reasonable medical probability, cause all of the complaints, disabilities, injuries, and/or incapacities of Plaintiff; o that any surgical intervention for treatment of Plaintiff’s symptoms was necessitated and proximately caused by the incident made the subject of this lawsuit; o that the medical expenses of Plaintiff were necessitated by the incident which is the subject of this lawsuit; o all other impressions and/or opinions that are contained, discussed, and/or disclosed in the following: 2 ▪ the medical records of Plaintiff which have been and which may hereafter be produced in this cause: ▪ 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; ▪ 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 ▪ all written reports of healthcare providers produced during the course of discovery in this cause. o The experts’ opinions are based on the following: ▪ The medical records of Plaintiff produced in this cause; ▪ The experts knowledge, skill, training, education, and/or experience as they relate to the subject matter of this lawsuit; ▪ The experts time, examinations, and conversations with Plaintiff; ▪ All depositions taken and hereafter taken in this cause, either by written questions or orally, and all exhibits thereto; ▪ The expert reports herein above expressly referred to; ▪ All witness statements which may be produced in this cause; ▪ All of the photographs and videotape recordings produced in this cause; ▪ The Responses to Requests for Disclosure, Responses to Requests for Production, Answers to Interrogatories, and the Amendments and Supplements thereto which have been served by each of the parties in this action; ▪ The pleadings on file in this action; and ▪ All documents and tangible things produced in this cause. GALLERIA WELLNESS • (a)(1): expert’s name, address, and telephone number; o Hani Said, D.C. o 4545 Post Oak Place, Ste. 120 o Houston, TX 77027 o 713-622-5600 • (a)(2): the subject matter on which the expert will testify: o his knowledge, skill, training, education, and/or experience as they relate to the subject matter of this lawsuit; o his qualifications to render an expert opinion; o plaintiff's injuries at issue in this case; o the medical care that he provided and/or prescribed to plaintiff; o the existence, nature and/or extent of, and pain associated with the injuries sustained by Plaintiff; o the examination and treatment of the injuries sustained by Plaintiff; o pre-existing injuries to and/or pre-existing medical conditions of Plaintiff, or lack thereof; o the type, purpose, extent, results, evaluations and/or interpretations of examinations, treatments, x-rays and MRI’s tests regarding Plaintiff; o recommendations, diagnosis and prognosis regarding the Plaintiff’s injuries; 3 o the existence, nature and/or extent of the disabilities and/or incapacities of Plaintiff in the past, and the reasonable probability and extent of the disabilities and/or incapacities which Plaintiff may suffer from in the future; o the cause(s) of Plaintiff’s condition(s), injuries, disabilities and/or capacities; o medical care and treatment and medications that have been required by Plaintiff in the past for the treatment of the injuries allegedly sustained by Plaintiff in the subject collision and for rehabilitation from such injuries; o medical care and treatment and medications that will be required by Plaintiff in the future, if any, for the treatment of the injuries allegedly sustained by Plaintiff in the subject collision and for rehabilitation from such injuries; o the reasonableness of the costs associated with, and the necessity of, the medical services, medical care, and medications prescribed to Plaintiff in the past. o the reasonableness of the costs associated with, and the necessity of, the medical services, medical care, and medications that Plaintiff, in reasonable medical probability, will need in the future for the injuries sustained by Plaintiff in the subject collision; o all those subject matters contained, discussed or disclosed in: ▪ the medical records of Plaintiff which have been and which may hereafter be produced in this cause; ▪ 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; ▪ 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 ▪ all written reports of healthcare providers produced during the course of discovery in this cause. o All of the above documents are incorporated herein by reference as though set out verbatim for all purposes. • (a)(3): 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; o the medical care and treatment rendered to Plaintiff was reasonable and/or necessary; o the subject accident did, based on reasonable medical probability, cause all of the complaints, disabilities, injuries, and/or incapacities of Plaintiff; o that any surgical intervention for treatment of Plaintiff’s symptoms was necessitated and proximately caused by the incident made the subject of this lawsuit; o that the medical expenses of Plaintiff were necessitated by the incident which is the subject of this lawsuit; o all other impressions and/or opinions that are contained, discussed, and/or disclosed in the following: ▪ the medical records of Plaintiff which have been and which may hereafter be produced in this cause. including the following: ▪ 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; 4 ▪ 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 ▪ all written reports of healthcare providers produced during the course of discovery in this cause. o The experts’ opinions are based on the following: ▪ The medical records of Plaintiff produced in this cause; ▪ The experts knowledge, skill, training, education, and/or experience as they relate to the subject matter of this lawsuit; ▪ The experts time, examinations, and conversations with Plaintiff; ▪ All depositions taken and hereafter taken in this cause, either by written questions or orally, and all exhibits thereto; ▪ The expert reports herein above expressly referred to; ▪ All witness statements which may be produced in this cause; ▪ All of the photographs and videotape recordings produced in this cause; ▪ The Responses to Requests for Disclosure, Responses to Requests for Production, Answers to Interrogatories, and the Amendments and Supplements thereto which have been served by each of the parties in this action; ▪ The pleadings on file in this action; and ▪ All documents and tangible things produced in this cause. GALLERIA MRI • (a)(1): expert’s name, address, and telephone number; o Jamie Tsai, M.D. o 3391 Westpark Drive o Houston, TX 77005 o 281-888-2727 • (a)(2): the subject matter on which the expert will testify: o his knowledge, skill, training, education, and/or experience as they relate to the subject matter of this lawsuit; o his qualifications to render an expert opinion; o plaintiff's injuries at issue in this case; o the medical care that he provided and/or prescribed to plaintiff; o the existence, nature and/or extent of, and pain associated with the injuries sustained by Plaintiff; o the examination and treatment of the injuries sustained by Plaintiff; o pre-existing injuries to and/or pre-existing medical conditions of Plaintiff, or lack thereof; o the type, purpose, extent, results, evaluations and/or interpretations of examinations, treatments, x-rays and MRI’s tests regarding Plaintiff; o recommendations, diagnosis and prognosis regarding the Plaintiff’s injuries; o the existence, nature and/or extent of the disabilities and/or incapacities of Plaintiff in the past, and the reasonable probability and extent of the disabilities and/or incapacities which Plaintiff may suffer from in the future; o the cause(s) of Plaintiff’s condition(s), injuries, disabilities and/or capacities; 5 o medical care and treatment and medications that have been required by Plaintiff in the past for the treatment of the injuries allegedly sustained by Plaintiff in the subject collision and for rehabilitation from such injuries; o medical care and treatment and medications that will be required by Plaintiff in the future, if any, for the treatment of the injuries allegedly sustained by Plaintiff in the subject collision and for rehabilitation from such injuries; o the reasonableness of the costs associated with, and the necessity of, the medical services, medical care, and medications prescribed to Plaintiff in the past. o the reasonableness of the costs associated with, and the necessity of, the medical services, medical care, and medications that Plaintiff, in reasonable medical probability, will need in the future for the injuries sustained by Plaintiff in the subject collision; o all those subject matters contained, discussed or disclosed in: ▪ the medical records of Plaintiff which have been and which may hereafter be produced in this cause; ▪ 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; ▪ 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 ▪ all written reports of healthcare providers produced during the course of discovery in this cause. o All of the above documents are incorporated herein by reference as though set out verbatim for all purposes. • (a)(3): 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; o the medical care and treatment rendered to Plaintiff was reasonable and/or necessary; o the subject accident did, based on reasonable medical probability, cause all of the complaints, disabilities, injuries, and/or incapacities of Plaintiff; o that any surgical intervention for treatment of Plaintiff’s symptoms was necessitated and proximately caused by the incident made the subject of this lawsuit; o that the medical expenses of Plaintiff were necessitated by the incident which is the subject of this lawsuit; o all other impressions and/or opinions that are contained, discussed, and/or disclosed in the following: ▪ the medical records of Plaintiff which have been and which may hereafter be produced in this cause. ▪ 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; ▪ 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 6 ▪ all written reports of healthcare providers produced during the course of discovery in this cause. o The experts’ opinions are based on the following: ▪ The medical records of Plaintiff produced in this cause; ▪ The experts knowledge, skill, training, education, and/or experience as they relate to the subject matter of this lawsuit; ▪ The experts time, examinations, and conversations with Plaintiff; ▪ All depositions taken and hereafter taken in this cause, either by written questions or orally, and all exhibits thereto; ▪ The expert reports herein above expressly referred to; ▪ All witness statements which may be produced in this cause; ▪ All of the photographs and videotape recordings produced in this cause; ▪ The Responses to Requests for Disclosure, Responses to Requests for Production, Answers to Interrogatories, and the Amendments and Supplements thereto which have been served by each of the parties in this action; ▪ The pleadings on file in this action; and ▪ All documents and tangible things produced in this cause. CAPSTONE SURGERY CENTER, LLC • (a)(1): expert’s name, address, and telephone number; o Samir Fahed, M.D. o 8700 S Gessner Road, Ste. 200 o Houston, TX 77074 o 832-831-5691 • (a)(2): the subject matter on which the expert will testify: o his knowledge, skill, training, education, and/or experience as they relate to the subject matter of this lawsuit; o his qualifications to render an expert opinion; o plaintiff's injuries at issue in this case; o the medical care that he provided and/or prescribed to plaintiff; o the existence, nature and/or extent of, and pain associated with the injuries sustained by Plaintiff; o the examination and treatment of the injuries sustained by Plaintiff; o pre-existing injuries to and/or pre-existing medical conditions of Plaintiff, or lack thereof; o the type, purpose, extent, results, evaluations and/or interpretations of examinations, treatments, x-rays and MRI’s tests regarding Plaintiff; o recommendations, diagnosis and prognosis regarding the Plaintiff’s injuries; o the existence, nature and/or extent of the disabilities and/or incapacities of Plaintiff in the past, and the reasonable probability and extent of the disabilities and/or incapacities which Plaintiff may suffer from in the future; o the cause(s) of Plaintiff’s condition(s), injuries, disabilities and/or capacities; o medical care and treatment and medications that have been required by Plaintiff in the past for the treatment of the injuries allegedly sustained by Plaintiff in the subject collision and for rehabilitation from such injuries; 7 o medical care and treatment and medications that will be required by Plaintiff in the future, if any, for the treatment of the injuries allegedly sustained by Plaintiff in the subject collision and for rehabilitation from such injuries; o the reasonableness of the costs associated with, and the necessity of, the medical services, medical care, and medications prescribed to Plaintiff in the past. o the reasonableness of the costs associated with, and the necessity of, the medical services, medical care, and medications that Plaintiff, in reasonable medical probability, will need in the future for the injuries sustained by Plaintiff in the subject collision; o all those subject matters contained, discussed or disclosed in: ▪ the medical records of Plaintiff which have been and which may hereafter be produced in this cause; ▪ 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; ▪ 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 ▪ all written reports of healthcare providers produced during the course of discovery in this cause. o All of the above documents are incorporated herein by reference as though set out verbatim for all purposes. • (a)(3): 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; o the medical care and treatment rendered to Plaintiff was reasonable and/or necessary; o the subject accident did, based on reasonable medical probability, cause all of the complaints, disabilities, injuries, and/or incapacities of Plaintiff; o that any surgical intervention for treatment of Plaintiff’s symptoms was necessitated and proximately caused by the incident made the subject of this lawsuit; o that the medical expenses of Plaintiff were necessitated by the incident which is the subject of this lawsuit; o all other impressions and/or opinions that are contained, discussed, and/or disclosed in the following: ▪ the medical records of Plaintiff which have been and which may hereafter be produced in this cause. ▪ 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; ▪ 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 ▪ all written reports of healthcare providers produced during the course of discovery in this cause. o The experts’ opinions are based on the following: ▪ The medical records of Plaintiff produced in this cause; 8 ▪ The experts knowledge, skill, training, education, and/or experience as they relate to the subject matter of this lawsuit; ▪ The experts time, examinations, and conversations with Plaintiff; ▪ All depositions taken and hereafter taken in this cause, either by written questions or orally, and all exhibits thereto; ▪ The expert reports herein above expressly referred to; ▪ All witness statements which may be produced in this cause; ▪ All of the photographs and videotape recordings produced in this cause; ▪ The Responses to Requests for Disclosure, Responses to Requests for Production, Answers to Interrogatories, and the Amendments and Supplements thereto which have been served by each of the parties in this action; ▪ The pleadings on file in this action; and ▪ All documents and tangible things produced in this cause. II. NON-RETAINED PEACE OFFICER EXPERT. The following peace officer, and/or the custodian(s) of their records, may testify regarding the facts of the wreck made the subject matter of this case, the causation of the wreck, and statements made by the persons involved in the wreck, or witnesses thereto. Please refer to the officer’s files, and his oral deposition (when taken herein) for his mental impressions, opinions, conclusions, and the factual basis for each opinion. • (a)(1): expert’s name, address, and telephone number; o J. Phan o ID Number 10250 o Houston Police Department o 1200 Travis St. o Houston, TX 77002 o 713-884-3131 • (a)(2): the subject matter on which the expert will testify: o the facts surrounding the wreck; o the cause of the wreck; o the results of his accident investigation/recreation of the wreck; o the facts obtained during his investigation of this wreck; o any observations made by them at the scene of the wreck or during the course of his investigation; o the substance of any witness statements taken during the course of his investigation; o any analysis of the vehicles involved in this collision; and o all those subject matters contained, discussed or disclosed in: ▪ the officer’s file(s) regarding this wreck and all documents contained therein; ▪ the depositions taken in this cause, orally and on written questions; ▪ all written reports produced during the course of discovery in this cause; ▪ all pictures taken of the wreck, the vehicles involved in the wreck, or the injuries received in the wreck, including all photographs produced during the course of discovery in this cause; 9 ▪ all statements produced during the course of discovery in this cause; ▪ any deposition testimony given in this cause by any of the above designated individuals or any individual who also investigated this wreck but who is not specifically identified above. All of which documents are incorporated herein by reference as though set out at length for all purposes. • (a)(3): 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; o the facts of the wreck made the subject of this suit; o the identity of the drivers involved in the wreck made the subject of this suit; o the causative factors regarding the wreck made the subject of this suit; o the extent of the damage to the vehicles involved in the wreck made the subject of this suit; o Auguste Nebo Sichom is at fault for the subject collision; o Auguste Nebo Sichom failed to control his speed; o Auguste Nebo Sichom was the sole contributing factor to the wreck; o Plaintiff appeared injured at the scene of the collision; o Plaintiff did not contribute to or cause the subject collision; o the traffic conditions, terrain, and weather conditions at the time of the wreck made the subject of this suit. ▪ all other impressions and opinions that are contained, discussed or disclosed in: ▪ the officer’s file(s) regarding this wreck and all documents contained therein; ▪ the depositions taken in this cause, orally and on written questions; ▪ all written reports produced during the course of discovery in this cause; ▪ all accident reports created by any governmental agency and all attachments thereto; ▪ any and all pictures taken of the wreck, the vehicles involved in the wreck, or the injuries received in the wreck, including all photographs produced during the course of discovery in this cause; ▪ all statements produced during the course of discovery in this cause; ▪ any deposition testimony given in this cause by any of the above designated individuals or any individual who also investigated this wreck but who is not specifically identified above. All of which documents are incorporated herein by reference as though set out at length for all purposes. • The basis for the foregoing impressions and opinions of the above named and/or designated expert witness are all of the facts shown by and/or contained in: o the Peace Officer’s investigation of the wreck including the scene of the wreck; o the vehicles involved; o the statements of the drivers and passengers in the vehicles; o statements of witnesses to the wreck; o emergency medical care rendered to the parties; 10 o the officer’s file(s) regarding the wreck and all documents contained therein; o all depositions taken and hereafter taken in this cause, either by written questions or orally, and all exhibits thereto; o the expert reports herein above expressly referred to; o all witness statements which may be produced in this cause; o all of the photographs and videotape recordings produced in this cause or obtained by the designated individuals during the course of their investigation; o the Responses to Requests For Disclosure, Responses to Requests For Production, Answers to Interrogatories, and the Amendments and Supplements thereto which have been served by each of the parties to this cause; o the Pleadings on file in this cause; o all documents and tangible things produced in this cause; o All depositions taken and hereafter taken in this cause, either by written questions or orally, and all exhibits thereto; and o the knowledge and experience of the investigating officer along with any specialized training received by him and his observations, deductions and calculations performed during his investigation of this wreck. All of which records, reports, documents, depositions, photographs and videotape recordings are incorporated herein by reference and made a part hereof for all purposes as if set out at length herein. ADDITIONAL DISCLOSURES. Plaintiff also incorporates herein by reference all depositions; depositions on written questions; documents and exhibits attached to or referenced in all depositions; and all documents produced by any party hereto in disclosures and/or discovery. Any opinions and bases for opinions discussed in deposition(s) are incorporated herein. Plaintiff further refers the Defendants to Plaintiff’s retained and non-retained experts’ files, reports and supplemental reports; written discovery responses of all parties; pleadings of all parties; depositions and exhibits thereto; medical and billing records; rebuttal opinions; factual observations and opinions. Plaintiff further reserves the right through cross-examination or deposition, to call any expert witness identified herein by the Defendants. Plaintiff reserves the right to withdraw the designation of any expert witness and to aver positively that such previously designated expert will not be called as an expert witness at trial and to redesignate same as a consulting expert, who cannot be called by opposing counsel. Plaintiff reserves the right to elicit any expert testimony and/or lay opinion testimony that would assist the jury in determining material issues of fact and that would not violate the Texas Rules of Civil Procedure. Plaintiff reserves all additional rights that Plaintiff may have regarding expert witnesses and testimony under the Texas Rules of Civil Procedure, case law and rulings of this Honorable Court. 11 Plaintiff reserves the right to elicit expert opinion from any of the designated fact witnesses within any area as to which such person has expertise.