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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 16
Hearing Date: July 09, 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
Tami King, 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:
8:32 a.m. The Court convenes with the above counsel and parties present.
8:35 a.m. The jury is conducted into the courtroom and appropriately seated. Mr. Zimmerman resumes direct
examination of Witness Joksch.
Witness Exhibits
Joanne Joksch #W marked for identification
#U shown, previously marked for identification
9:26 a.m. Witness Joksch is excused and released.
Witness
Mark Sockell MD
Mr. Zimmerman proffers Dr. Sockell as an expert in the following: The standard of care, patient care and
nursing standards with regards to prevention of pressure ulcers. There being no request to voir dire the
witness, the Court grants the request.
9:59 a.m. The jury is admonished and excused for recess. Recess.
10:17 a.m. Reconvening with the above counsel and parties present. Mr. Scharg advises the Court regarding
the need to redact exhibit #U. Court defers the issue to a later time.
10:18 a.m. The jury is conducted into the courtroom and appropriately seated. Mr. Zimmerman resumes direct
examination of the witness.
20CV01091 Minute Order Page 1 of 3
Witness Exhibits
Mark Sockell MD #J,21 shown, previously marked for identification
11:18 a.m. Court and counsel confer at bench regarding evidentiary objections.
11:42 a.m. Doctor Sockell is excused and released. Mr. Scharg calls the next witness on behalf of the
defendant.
Witness Exhibits
David Adsit #X,Y marked for identification
11:56 a.m. The jury is admonished and excused for the luncheon recess and directed to return at 1:30 pm.
Witness Adsit is excused for lunch. Court advises counsel, the Court will meet with them in approximately 15
minutes to review jury instructions informally, off the record.
12:00 p.m. Recess.
1:34 p.m. Reconvening with the above counsel and parties present. The deputy is directed to bring in juror #5
to inquire regarding any familiarity with the last witness.
Juror #5 is conducted into the courtroom, outside the presence of the jury. Court inquires’ regarding a hand-
wave by the witness. Juror does not know the witness and thought he waived at someone else.
Juror #5 is admonished and exits the courtroom.
1:39 p.m. The jury is conducted into the courtroom and appropriately seated. Mr. Zimmerman advises the
Court regarding witness scheduling and interruption of Witness Adsit's testimony.
Witness Exhibits
Edgar Vyhmeister #Z, AA marked for identification
2:50 p.m. Mr. Zimmerman makes an oral objection to the form of the question. The jury exists the courtroom
for an early afternoon recess. Court remains in session with counsel and parties present. The court reporter
reads back the last question.
Counsel are heard in argument.
2:54 p.m. Recess.
3:11 p.m. Reconvening with the above counsel and parties present, outside the presence of the jury. Court
and counsel are heard in discussion. The Court sets ground rules as to what is allowable.
3:13 p.m. The jury is conducted into the courtroom and appropriately seated. Mr. Laird resumes cross
examination of the witness.
Witness
Edgar Vyhmeister
3:22 p.m. Dr. Vyhmeister is excused and released.
Witness Exhibits
Seung Kwong Lee #BB, marked for identification
#21,14 shown, previously received into evidence
Court discusses additional trial dates with the jury to allow for deliberations next week. There being no
objection, the Court adds Tuesday morning, allowing all day Tuesday now and Wednesday afternoon.
20CV01091 Minute Order Page 2 of 3
4:45 p.m. The Court interrupts the cross examination of Witness Lee. The jury is admonished, excused and
directed to return on Monday, July 12, 2021 at 8:30 am. Recess.
Calendar Settings:
July 13, 2021 8:30 AM Jury Trial - Ongoing
Mosbarger, Tamara L
Wilson, Theresa
NC-3
Department 1 - Tamara L. Mosbarger
July 14, 2021 1:30 PM Jury Trial - Ongoing
Department 1 - Tamara L. Mosbarger
Mosbarger, Tamara L
NC-3
Wilson, Theresa
Exhibits:
W, Document, Marked for Identification, Surgical Care Unit Weekly Update-News Letter (1 page)
X, Document, Marked for Identification, Copy of White Board from Enloe Hospital
Y, Medical Records, Marked for Identification, Medical Record of Ms. Newton Page 955 (1 page)
Z, Document, Marked for Identification, Current Medical Records of Dr. Vyhmeister re: Ms. Newton excluding
6/28/21
AA, Medical Records, Marked for Identification, Medical Chart, Doctor Vyhmeister, Operative Notes (5 pages)
BB, Document, Marked for Identification, Diagram, Deep Tissue Pressure Injury
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 16 Hearing Date: July 09, 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 Tami King, 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: 8:32 a.m. The Court convenes with the above counsel and parties present. 8:35 a.m. The jury is conducted into the courtroom and appropriately seated. Mr. Zimmerman resumes direct examination of Witness Joksch. Witness Exhibits Joanne Joksch #W marked for identification #U shown, previously marked for identification 9:26 a.m. Witness Joksch is excused and released. Witness Mark Sockell MD Mr. Zimmerman proffers Dr. Sockell as an expert in the following: The standard of care, patient care and nursing standards with regards to prevention of pressure ulcers. There being no request to voir dire the witness, the Court grants the request. 9:59 a.m. The jury is admonished and excused for recess. Recess. 10:17 a.m. Reconvening with the above counsel and parties present. Mr. Scharg advises the Court regarding the need to redact exhibit #U. Court defers the issue to a later time. 10:18 a.m. The jury is conducted into the courtroom and appropriately seated. Mr. Zimmerman resumes direct examination of the witness. 20CV01091 Minute Order Page 1 of 3 Witness Exhibits Mark Sockell MD #J,21 shown, previously marked for identification 11:18 a.m. Court and counsel confer at bench regarding evidentiary objections. 11:42 a.m. Doctor Sockell is excused and released. Mr. Scharg calls the next witness on behalf of the defendant. Witness Exhibits David Adsit #X,Y marked for identification 11:56 a.m. The jury is admonished and excused for the luncheon recess and directed to return at 1:30 pm. Witness Adsit is excused for lunch. Court advises counsel, the Court will meet with them in approximately 15 minutes to review jury instructions informally, off the record. 12:00 p.m. Recess. 1:34 p.m. Reconvening with the above counsel and parties present. The deputy is directed to bring in juror #5 to inquire regarding any familiarity with the last witness. Juror #5 is conducted into the courtroom, outside the presence of the jury. Court inquires’ regarding a hand- wave by the witness. Juror does not know the witness and thought he waived at someone else. Juror #5 is admonished and exits the courtroom. 1:39 p.m. The jury is conducted into the courtroom and appropriately seated. Mr. Zimmerman advises the Court regarding witness scheduling and interruption of Witness Adsit's testimony. Witness Exhibits Edgar Vyhmeister #Z, AA marked for identification 2:50 p.m. Mr. Zimmerman makes an oral objection to the form of the question. The jury exists the courtroom for an early afternoon recess. Court remains in session with counsel and parties present. The court reporter reads back the last question. Counsel are heard in argument. 2:54 p.m. Recess. 3:11 p.m. Reconvening with the above counsel and parties present, outside the presence of the jury. Court and counsel are heard in discussion. The Court sets ground rules as to what is allowable. 3:13 p.m. The jury is conducted into the courtroom and appropriately seated. Mr. Laird resumes cross examination of the witness. Witness Edgar Vyhmeister 3:22 p.m. Dr. Vyhmeister is excused and released. Witness Exhibits Seung Kwong Lee #BB, marked for identification #21,14 shown, previously received into evidence Court discusses additional trial dates with the jury to allow for deliberations next week. There being no objection, the Court adds Tuesday morning, allowing all day Tuesday now and Wednesday afternoon. 20CV01091 Minute Order Page 2 of 3 4:45 p.m. The Court interrupts the cross examination of Witness Lee. The jury is admonished, excused and directed to return on Monday, July 12, 2021 at 8:30 am. Recess. Calendar Settings: July 13, 2021 8:30 AM Jury Trial - Ongoing Mosbarger, Tamara L Wilson, Theresa NC-3 Department 1 - Tamara L. Mosbarger July 14, 2021 1:30 PM Jury Trial - Ongoing Department 1 - Tamara L. Mosbarger Mosbarger, Tamara L NC-3 Wilson, Theresa Exhibits: W, Document, Marked for Identification, Surgical Care Unit Weekly Update-News Letter (1 page) X, Document, Marked for Identification, Copy of White Board from Enloe Hospital Y, Medical Records, Marked for Identification, Medical Record of Ms. Newton Page 955 (1 page) Z, Document, Marked for Identification, Current Medical Records of Dr. Vyhmeister re: Ms. Newton excluding 6/28/21 AA, Medical Records, Marked for Identification, Medical Chart, Doctor Vyhmeister, Operative Notes (5 pages) BB, Document, Marked for Identification, Diagram, Deep Tissue Pressure Injury 20CV01091 Minute Order Page 3 of 3