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Superior Court of California, County of Butte
Minute Order
Newton, Patsy et al vs. Enloe Medical Center 20CV01091
Hearing Type: Jury Trial - Ongoing
Day 10
Hearing Date: June 28, 2021 at 8:30 AM Location: Department 1 - Tamara
L. Mosbarger; NC-3
Heard by: Hon. Tamara L. Mosbarger, Judge Courtroom Clerk: Theresa Wilson
Court Reporter: Kaitlyn B Houston Court Interpreter: N/A
Appearances:
Enloe Medical Center, Defendant, by Representative Robert Zimmerman, Attorney, present
Brenda Boggs, present Ian Scharg, Attorney, present
Matt Hewlett, IT Assistant, present
Suzanne Bolen, Plaintiff, present Sean Laird, Attorney, present
Kevin Laird, IT Assistant, present
Harold Newton, Plaintiff, not present Sean Laird, Attorney, present
Patsy Newton, Plaintiff, not present Sean Laird, Attorney, present
Proceedings:
-8:28 a.m. Court convenes with the above counsel and parties, outside the presence of the jury. Mr. Scharg
provides the Court with a combined packet of jury instructions. Court and counsel are briefly heard regarding
witness scheduling.
8:32 a.m. The jury is conducted into the courtroom and appropriately seated. Mr. Laird calls his next witness
on behalf of Ms. Newton.
Witness
Christopher Stephenson MD
Mr. Laird proffers Dr. Stephenson as an expert in the following: A Physiatrist in assessment, care and
treatment of pressure ulcers including geriatric patients; The development of plans of care for future treatment
of pressure injuries in geriatric patients including rehabilitative needs; Reasonableness of past medical
treatment related to pressure injuries and orthopedic care. There being no objection or request to voir dire the
witness, the Court grants the request.
9:59 a.m. The jury is admonished and excused for recess.
10:14 a.m. Reconvening with the above counsel and parties, outside the presence of the jury. Dr. Stephenson
remains on the witness stand.
10:16 a.m. The jury is conducted into the courtroom and appropriately seated.
Witness
Christopher Stephenson MD
10:44 a.m. Dr. Stephenson is excused and released.
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Witness
Cloie Johnson
Mr. Laird proffers Ms. Johnson as an expert in the following: Life Care planning and determining rates for
future care needs and the Reasonableness of past medical expenses incurred. There being no objection or
request to voir dire the witness, the Court grants the request.
10:54 a.m. Court and counsel confer at bench regarding evidentiary objection as to plaintiff's next exhibit.
10:55 a.m. The jury is admonished and excused for a brief recess. Counsel are heard in heard in argument
regarding exhibit #53.
Counsel are heard in argument. Court and counsel are heard in discussion as to how the evidence would be
brought before the jury. Counsel are directed to meet and confer and provide the Court with a stipulation to
read into the record. The Court defers issue for counsel to prepare such stipulation.
11:08 a.m. The jury is conducted into the courtroom and appropriately seated. The Court advises the jury
regarding stipulations and indicates the Court will read the stipulation into the record when prepared.
Witness Exhibit
Cloie Johnson #54 marked for identification
11:57 a.m. Ms. Johnson is excused and released. The jury is admonished, excused for the luncheon recess
and directed to return at 1:30 pm. Court remains in session with counsel and the parties present to review
witness scheduling. Mr. Zimmerman objects to the witness testimony of Michelle Sprain. Counsel are heard in
argument. Matter submitted. Court grants motion to exclude the testimony of Ms. Sprain and finds it not
relevant.
12:11 p.m. Recess.
1:28 p.m. Reconvening with the above counsel, parties and the jury present and appropriately seated. Mr.
Laird resumes previously interrupted, direct examination of Witness Joksch.
Witness Exhibit
Joanne Joksch #55 marked for identification
Court and counsel confer at bench regarding an evidentiary objection. Mr. Zimmerman request an EC402
hearing.
2:07 p.m. The jury is admonished and excused for recess. Witness is steps down and exits the courtroom.
Court and counsel are heard in discussion.
2:09 p.m. The Court will allow an EC402 hearing and Witness Joksch retakes the witness stand. Mr. Laird
questions the witness.
The Court finds the testimony to be relevant and notes Mr. Laird will need to lay the foundation. Mr.
Zimmerman makes a continuing objection on hearsay and admissibility. The Court overrules Mr. Zimmerman's
continuing objection.
2:24 p.m. The jury is conducted into the courtroom and appropriately seated. Mr. Laird resumes direct
examination of the witness.
Witness
Joanne Joksch
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2:44 p.m. The jury is admonished and excused for recess. Recess.
2:59 p.m. Reconvening with the above counsel, parties and jury present.
Witness
Joanne Joksch
3:07 p.m. Mr. Scharg has no questions at this time. Ms. Joksch is excused and steps down.
3:08 p.m. The jury is admonished and excused for recess to allow set up for the polycom to accommodate the
next witness.
3:42 p.m. Reconvening with the above counsel, parties and jury present and appropriately seated.
Witness Exhibits
Ronald Pomares #56 marked for identification
Mr. Laird proffers Mr. Pomares as an expert in the following: Reduction of cash value of future medical
expenses. There being no objection or request to voir dire the witness, the Court grants the request.
4:04 p.m. Witness Pomares is thanked and excused.
Counsel stipulate the court reported does not need to transcribe the deposition testimony for the next two
witnesses.
Deposition testimony of Nicole Melberg is played for the jury. Deposition is marked for identification as exhibit
#57.
Deposition testimony of Jerardo Camarena Ventura is played for the jury. Deposition is marked for
identification as exhibit #58
4:36 p.m. Court advises the jury regarding scheduling. The jury is admonished, excused and directed to return
on Tuesday, June 29, 2021 at 1:30 pm.
Court and counsel briefly discuss witness scheduling, off the record.
4:39 p.m. Recess.
Exhibits:
53, Document, Marked for Identification, 2 page letter from OSC Vocational Systems, Inc to Mr. Laird dated
10/26/2020
54, Document, Marked for Identification, Life Care Plan for Ms. Newton from OSC Vocational Systems, Inc (4
pages)
55, Document, Marked for Identification, Assessment, Reassessment and Discharge of the Patient in the Acute
Care Setting (4 pages)
56, Document, Marked for Identification, Report of Ronald Pomares (2 pages)
57, Other, Lodged, Deposition Transcript of Nicole Melberg
58, Other, Lodged, Deposition Transcript of Jerardo Camarena Ventura
20CV01091 Minute Order Page 3 of 3
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Superior Court of California, County of Butte Minute Order Newton, Patsy et al vs. Enloe Medical Center 20CV01091 Hearing Type: Jury Trial - Ongoing Day 10 Hearing Date: June 28, 2021 at 8:30 AM Location: Department 1 - Tamara L. Mosbarger; NC-3 Heard by: Hon. Tamara L. Mosbarger, Judge Courtroom Clerk: Theresa Wilson Court Reporter: Kaitlyn B Houston Court Interpreter: N/A Appearances: Enloe Medical Center, Defendant, by Representative Robert Zimmerman, Attorney, present Brenda Boggs, present Ian Scharg, Attorney, present Matt Hewlett, IT Assistant, present Suzanne Bolen, Plaintiff, present Sean Laird, Attorney, present Kevin Laird, IT Assistant, present Harold Newton, Plaintiff, not present Sean Laird, Attorney, present Patsy Newton, Plaintiff, not present Sean Laird, Attorney, present Proceedings: -8:28 a.m. Court convenes with the above counsel and parties, outside the presence of the jury. Mr. Scharg provides the Court with a combined packet of jury instructions. Court and counsel are briefly heard regarding witness scheduling. 8:32 a.m. The jury is conducted into the courtroom and appropriately seated. Mr. Laird calls his next witness on behalf of Ms. Newton. Witness Christopher Stephenson MD Mr. Laird proffers Dr. Stephenson as an expert in the following: A Physiatrist in assessment, care and treatment of pressure ulcers including geriatric patients; The development of plans of care for future treatment of pressure injuries in geriatric patients including rehabilitative needs; Reasonableness of past medical treatment related to pressure injuries and orthopedic care. There being no objection or request to voir dire the witness, the Court grants the request. 9:59 a.m. The jury is admonished and excused for recess. 10:14 a.m. Reconvening with the above counsel and parties, outside the presence of the jury. Dr. Stephenson remains on the witness stand. 10:16 a.m. The jury is conducted into the courtroom and appropriately seated. Witness Christopher Stephenson MD 10:44 a.m. Dr. Stephenson is excused and released. 20CV01091 Minute Order Page 1 of 3 Witness Cloie Johnson Mr. Laird proffers Ms. Johnson as an expert in the following: Life Care planning and determining rates for future care needs and the Reasonableness of past medical expenses incurred. There being no objection or request to voir dire the witness, the Court grants the request. 10:54 a.m. Court and counsel confer at bench regarding evidentiary objection as to plaintiff's next exhibit. 10:55 a.m. The jury is admonished and excused for a brief recess. Counsel are heard in heard in argument regarding exhibit #53. Counsel are heard in argument. Court and counsel are heard in discussion as to how the evidence would be brought before the jury. Counsel are directed to meet and confer and provide the Court with a stipulation to read into the record. The Court defers issue for counsel to prepare such stipulation. 11:08 a.m. The jury is conducted into the courtroom and appropriately seated. The Court advises the jury regarding stipulations and indicates the Court will read the stipulation into the record when prepared. Witness Exhibit Cloie Johnson #54 marked for identification 11:57 a.m. Ms. Johnson is excused and released. The jury is admonished, excused for the luncheon recess and directed to return at 1:30 pm. Court remains in session with counsel and the parties present to review witness scheduling. Mr. Zimmerman objects to the witness testimony of Michelle Sprain. Counsel are heard in argument. Matter submitted. Court grants motion to exclude the testimony of Ms. Sprain and finds it not relevant. 12:11 p.m. Recess. 1:28 p.m. Reconvening with the above counsel, parties and the jury present and appropriately seated. Mr. Laird resumes previously interrupted, direct examination of Witness Joksch. Witness Exhibit Joanne Joksch #55 marked for identification Court and counsel confer at bench regarding an evidentiary objection. Mr. Zimmerman request an EC402 hearing. 2:07 p.m. The jury is admonished and excused for recess. Witness is steps down and exits the courtroom. Court and counsel are heard in discussion. 2:09 p.m. The Court will allow an EC402 hearing and Witness Joksch retakes the witness stand. Mr. Laird questions the witness. The Court finds the testimony to be relevant and notes Mr. Laird will need to lay the foundation. Mr. Zimmerman makes a continuing objection on hearsay and admissibility. The Court overrules Mr. Zimmerman's continuing objection. 2:24 p.m. The jury is conducted into the courtroom and appropriately seated. Mr. Laird resumes direct examination of the witness. Witness Joanne Joksch 20CV01091 Minute Order Page 2 of 3 2:44 p.m. The jury is admonished and excused for recess. Recess. 2:59 p.m. Reconvening with the above counsel, parties and jury present. Witness Joanne Joksch 3:07 p.m. Mr. Scharg has no questions at this time. Ms. Joksch is excused and steps down. 3:08 p.m. The jury is admonished and excused for recess to allow set up for the polycom to accommodate the next witness. 3:42 p.m. Reconvening with the above counsel, parties and jury present and appropriately seated. Witness Exhibits Ronald Pomares #56 marked for identification Mr. Laird proffers Mr. Pomares as an expert in the following: Reduction of cash value of future medical expenses. There being no objection or request to voir dire the witness, the Court grants the request. 4:04 p.m. Witness Pomares is thanked and excused. Counsel stipulate the court reported does not need to transcribe the deposition testimony for the next two witnesses. Deposition testimony of Nicole Melberg is played for the jury. Deposition is marked for identification as exhibit #57. Deposition testimony of Jerardo Camarena Ventura is played for the jury. Deposition is marked for identification as exhibit #58 4:36 p.m. Court advises the jury regarding scheduling. The jury is admonished, excused and directed to return on Tuesday, June 29, 2021 at 1:30 pm. Court and counsel briefly discuss witness scheduling, off the record. 4:39 p.m. Recess. Exhibits: 53, Document, Marked for Identification, 2 page letter from OSC Vocational Systems, Inc to Mr. Laird dated 10/26/2020 54, Document, Marked for Identification, Life Care Plan for Ms. Newton from OSC Vocational Systems, Inc (4 pages) 55, Document, Marked for Identification, Assessment, Reassessment and Discharge of the Patient in the Acute Care Setting (4 pages) 56, Document, Marked for Identification, Report of Ronald Pomares (2 pages) 57, Other, Lodged, Deposition Transcript of Nicole Melberg 58, Other, Lodged, Deposition Transcript of Jerardo Camarena Ventura 20CV01091 Minute Order Page 3 of 3