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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 15
Hearing Date: July 08, 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: Tamara Houston Court Interpreter: N/A
Appearances:
Enloe Medical Center, Defendant, by Representative Robert Zimmerman, Attorney, present
Tammy 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:
8:30 a.m. The Court convenes with the above counsel and parties present, outside the presence of the jury.
Court and counsel are briefly heard regarding scheduling.
8:32 a.m. The jury is conducted into the courtroom and appropriately seated. Mr. Laird resumes redirect of
Witness King.
Witness
Tami King
8:51 a.m. Ms. King is excused subject to recall. Counsel stipulate to allow a defense witness to be called out of
order.
Witness Exhibits
Sean Maiorano MD #S marked for identification
10:00 a.m. The jury is admonished and excused for recess. Court notes objections of defense counsel for the
record.
10:17 a.m. Reconvening with the above counsel and parties present. Court and counsel are briefly heard
regarding brief filed as to Ms. King's testimony. The Court is inclined to allow the question to be asked during
the testimony of Ms. King. Court and counsel are heard regarding witness scheduling and possible stipulation
with regards to past paid medical expenses. Court indicates with regards to Defendant's Motion for Non-Suit
Filed 7/8/21, the motion will be deferred until after the Plaintiff rests.
10:29 a.m. The jury is conducted into the courtroom and appropriately seated. Mr. Laird resumes cross
examination of the witness.
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Witness
Sean Maiorano MD
10:44 a.m. Witness Maiorano is excused and steps down. The jury is admonished and excused for recess.
Court remains in session with counsel parties present. Counsel are heard regarding evidentiary objections.
The Court marks for identification Court Exhibit's #1-3. The Court is inclined to allow the deposition testimony
without counsels’ comments and sustains objection with regards to the deposition testimony of Witness Mojico.
11:02 a.m. The jury is conducted into the courtroom and appropriately seated. Mr. Laird indicates he will be
utilizing deposition testimony for his next witnesses.
The deposition testimony of Ronda De La Rosa, exhibit #42.4 is played for the jury.
The deposition testimony of Jessica Brian, exhibit #70 is played for the jury.
The deposition testimony of Pa Zon Lor, exhibit #71 is played for the jury.
The deposition testimony of Marko Gutierrez, exhibit #'s 5-3, 5-4, 5-5.
11:50 a.m. Mr. Laird advises the Court, the Plaintiff rests subject to the admission of exhibits into evidence.
11:51 a.m. The jury is admonished and excused for the luncheon recess and directed to return at 1:30 p.m.
Court remains in session with counsel and parties present. The Court advises counsel regarding the intended
decision to deny counsels' motion for non-suit but will hear arguments of counsel. Counsel are heard in
argument.
Matter Submitted.
The Court finds a prima fascia case for Negligent Infliction of Emotional Distress and denies the motion. Court
will review jury instructions over the luncheon recess with counsel.
11:56 a.m. Recess.
1:30 p.m. Reconvening with the above counsel and parties present. Court and counsel are heard regarding
exhibits to be redacted. Counsel agree to the redaction of exhibit #71, adding two pages and removing several
pages from exhibits #57-1 and 58-1.
1:35 p.m. The jury is conducted into the courtroom and appropriately seated. Mr. Scharg calls Witness Van
Horn.
Witness Exhibit
Miranda Van Horn #T marked for identification
Ms. Van Horn is proffered as an expert in the following: The reasonable value of future medical care needs;
Actual paid amounts of future care needs and the amount customarily paid for future care costs.
There being no request to voir dire or objection of counsel, Witness Van Horn is designated an expert as
proffered.
Court and counsel confer at bench regarding evidentiary objections.
2:31 p.m. The jury is admonished and excused for recess. Counsel are heard in argument regarding motion
in limine #1. Counsel cite case law for the Court to review.
2:38 p.m. Recess.
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2:59 p.m. Reconvening with the above counsel and parties, outside the presence of the jury. The Court has
read the cases cited by counsel, heard arguments of counsel and finds the Witness may testify to the
reasonable value of future medical services, without any reference to insurance. The reasonable amount the
provider will accept.
Mr. Laird requests a curative instruction. Court and counsel are heard in discussion. The Court will instruct
the jury and will allow the testimony as to paid amounts with no references to Medicare or insurance. The
witness is advised.
3:12 p.m. The jury is conducted into the courtroom and appropriately seated. The Court reads CACI 105.
Witness
Miranda Van Horn
3:35 p.m. Witness Van Horn is excused and released.
Witness Exhibits
Joanne Joksch #U, V. W marked for identification
4:36 p.m. The jury is admonished, excused and directed to return on Friday, July 9, 2021 at 8:30 a.m.
Mr. Laird objects to exhibits offered by counsel. Counsel are heard in argument.
4:38 p.m. The Court directs counsel to be present on July 9, 2021 at 8:00 a.m. Recess.
Exhibits:
W, Document, Surgical Care Unit Weekly Update-News Letter (1 page)
S, Medical Records, Medical Records of Ms. Newton, pages 187-201, 207-210, 990, 960-961 (16 pages)
T, Document, Report of Future Cost Analysis by Ms. Van Horn (10 pages)
U, Document, Staffing Worksheet Surgical Care Unit (28 pages)
Court's #1, Document, Court's Exhibit #1 Deposition and Trial Excerpts for Marko Gutierrez
Court's #2, Court's Exhibit #2 Deposition and Trial Excerpts for Marko Gutierrez
Court's #3, Document, Court's Exhibit #3 Deposition and Trial Excerpts for Marko Gutierrez
V, Document, Transfer Summary Packet
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 15 Hearing Date: July 08, 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: Tamara Houston Court Interpreter: N/A Appearances: Enloe Medical Center, Defendant, by Representative Robert Zimmerman, Attorney, present Tammy 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: 8:30 a.m. The Court convenes with the above counsel and parties present, outside the presence of the jury. Court and counsel are briefly heard regarding scheduling. 8:32 a.m. The jury is conducted into the courtroom and appropriately seated. Mr. Laird resumes redirect of Witness King. Witness Tami King 8:51 a.m. Ms. King is excused subject to recall. Counsel stipulate to allow a defense witness to be called out of order. Witness Exhibits Sean Maiorano MD #S marked for identification 10:00 a.m. The jury is admonished and excused for recess. Court notes objections of defense counsel for the record. 10:17 a.m. Reconvening with the above counsel and parties present. Court and counsel are briefly heard regarding brief filed as to Ms. King's testimony. The Court is inclined to allow the question to be asked during the testimony of Ms. King. Court and counsel are heard regarding witness scheduling and possible stipulation with regards to past paid medical expenses. Court indicates with regards to Defendant's Motion for Non-Suit Filed 7/8/21, the motion will be deferred until after the Plaintiff rests. 10:29 a.m. The jury is conducted into the courtroom and appropriately seated. Mr. Laird resumes cross examination of the witness. 20CV01091 Minute Order Page 1 of 3 Witness Sean Maiorano MD 10:44 a.m. Witness Maiorano is excused and steps down. The jury is admonished and excused for recess. Court remains in session with counsel parties present. Counsel are heard regarding evidentiary objections. The Court marks for identification Court Exhibit's #1-3. The Court is inclined to allow the deposition testimony without counsels’ comments and sustains objection with regards to the deposition testimony of Witness Mojico. 11:02 a.m. The jury is conducted into the courtroom and appropriately seated. Mr. Laird indicates he will be utilizing deposition testimony for his next witnesses. The deposition testimony of Ronda De La Rosa, exhibit #42.4 is played for the jury. The deposition testimony of Jessica Brian, exhibit #70 is played for the jury. The deposition testimony of Pa Zon Lor, exhibit #71 is played for the jury. The deposition testimony of Marko Gutierrez, exhibit #'s 5-3, 5-4, 5-5. 11:50 a.m. Mr. Laird advises the Court, the Plaintiff rests subject to the admission of exhibits into evidence. 11:51 a.m. The jury is admonished and excused for the luncheon recess and directed to return at 1:30 p.m. Court remains in session with counsel and parties present. The Court advises counsel regarding the intended decision to deny counsels' motion for non-suit but will hear arguments of counsel. Counsel are heard in argument. Matter Submitted. The Court finds a prima fascia case for Negligent Infliction of Emotional Distress and denies the motion. Court will review jury instructions over the luncheon recess with counsel. 11:56 a.m. Recess. 1:30 p.m. Reconvening with the above counsel and parties present. Court and counsel are heard regarding exhibits to be redacted. Counsel agree to the redaction of exhibit #71, adding two pages and removing several pages from exhibits #57-1 and 58-1. 1:35 p.m. The jury is conducted into the courtroom and appropriately seated. Mr. Scharg calls Witness Van Horn. Witness Exhibit Miranda Van Horn #T marked for identification Ms. Van Horn is proffered as an expert in the following: The reasonable value of future medical care needs; Actual paid amounts of future care needs and the amount customarily paid for future care costs. There being no request to voir dire or objection of counsel, Witness Van Horn is designated an expert as proffered. Court and counsel confer at bench regarding evidentiary objections. 2:31 p.m. The jury is admonished and excused for recess. Counsel are heard in argument regarding motion in limine #1. Counsel cite case law for the Court to review. 2:38 p.m. Recess. 20CV01091 Minute Order Page 2 of 3 2:59 p.m. Reconvening with the above counsel and parties, outside the presence of the jury. The Court has read the cases cited by counsel, heard arguments of counsel and finds the Witness may testify to the reasonable value of future medical services, without any reference to insurance. The reasonable amount the provider will accept. Mr. Laird requests a curative instruction. Court and counsel are heard in discussion. The Court will instruct the jury and will allow the testimony as to paid amounts with no references to Medicare or insurance. The witness is advised. 3:12 p.m. The jury is conducted into the courtroom and appropriately seated. The Court reads CACI 105. Witness Miranda Van Horn 3:35 p.m. Witness Van Horn is excused and released. Witness Exhibits Joanne Joksch #U, V. W marked for identification 4:36 p.m. The jury is admonished, excused and directed to return on Friday, July 9, 2021 at 8:30 a.m. Mr. Laird objects to exhibits offered by counsel. Counsel are heard in argument. 4:38 p.m. The Court directs counsel to be present on July 9, 2021 at 8:00 a.m. Recess. Exhibits: W, Document, Surgical Care Unit Weekly Update-News Letter (1 page) S, Medical Records, Medical Records of Ms. Newton, pages 187-201, 207-210, 990, 960-961 (16 pages) T, Document, Report of Future Cost Analysis by Ms. Van Horn (10 pages) U, Document, Staffing Worksheet Surgical Care Unit (28 pages) Court's #1, Document, Court's Exhibit #1 Deposition and Trial Excerpts for Marko Gutierrez Court's #2, Court's Exhibit #2 Deposition and Trial Excerpts for Marko Gutierrez Court's #3, Document, Court's Exhibit #3 Deposition and Trial Excerpts for Marko Gutierrez V, Document, Transfer Summary Packet 20CV01091 Minute Order Page 3 of 3