Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Wilson v. The Service Companies

United States District Court, N.D. Mississippi, Oxford Division

February 16, 2018

ALMA DENISE WILSON; and LAWRENCE WILSON PLAINTIFFS
v.
THE SERVICE COMPANIES; FULL SERVICE SYSTEMS CORPORATION and JOHN AND JANE DOES 1-10 DEFENDANTS ROBINSON PROPERTY GROUP CORP. D/B/A HORSESHOE TUNICA INTERVENOR

          ORDER ON MOTION TO STRIKE DEFENDANTS' SUPPLEMENTAL AND SECOND SUPPLEMENTAL DESGINATION OF EXPERT WITNESSES

          JANE M. VIRDEN UNITED STATES MAGISTRATE JUDGE.

         This matter is before the court on Plaintiffs' Motion to Strike Defendants' Supplemental and Second Supplemental Designation of Expert Witnesses [76]. For the reasons that follow, the motion is GRANTED.

         Factual Background

         A case management order in this case was entered on April 12, 2017, setting, inter alia, Defendants' expert designation deadline as July 28, 2017. On that date, however, no reports were provided to Plaintiffs as required by Fed.R.Civ.P. 26(a)(2)(B). Instead, on their expert designation deadline, defendants merely disclosed, in relevant part as follows:

         These Defendants designate the following witnesses to testify as experts on their behalf at the trial of the above captioned civil action:

(A) Nathaniel Fentress, MS, CRC, CCM Rehabilitation Counselor 1190 North State Street, Suite 202 Jackson, Mississippi 39202 Telephone: 601-355-7550 Cell Phone: 601-832-7100 Fax: 888-539-6734
Mr. Fentress is an expert in vocational rehabilitation and life care planning. Mr. Fentress is expected to testify concerning to what extent Plaintiff's physical and mental condition following the accident in question will affect her ability to obtain employment. Mr. Fentress is further expected to opine concerning the extent to which Plaintiff's current physical and mental status will affect her ability to earn a wages comparable to that which she was earning at the time of the accident. In so doing, Mr. Fentress is expected to testify concerning, but not limited to, types of jobs/employments Plaintiff may be able to perform as a result of her alleged injuries and/or medical conditions. In addition, Mr. Fentress may offer opinions as to the future employment possibilities for Plaintiff, along with addressing any loss of income/lost wage claims asserted by the Plaintiff. Mr. Fentress will also offer opinions concerning the costs associated with providing medical care for the Plaintiff in the future via a Life Care Plan.
Mr. Fentress's opinions are based upon his specialized knowledge, training, and skills as a vocational rehabilitation counselor and life care planner and his review of Plaintiff's medical records, deposition testimony, and discovery responses, along with other materials reasonably relied upon by experts in his field. Mr. Fentress may review other depositions, medical records and/or other reports to finalize his opinion. A copy of Mr. Fentress's curriculum vitae is attached hereto as Exhibit "A" and incorporated by reference as fully set out therein. A copy of Mr. Fentress's fee schedule and recent trial testimony is also attached hereto as Exhibit “B” and “C”, respectively. A more detailed summary of Mr. Fentress's specific opinions and the grounds for the same is contained in his Life Care Plan for the Plaintiff, which will be supplemented and attached hereto as Exhibit "D" and is incorporated by reference as fully set out therein. Mr. Fentress is completing a vocational rehabilitation report for the Plaintiff, which will be supplemented upon receipt of the same and is incorporated as fully set forth therein. Any deposition testimony given by Mr. Fentress in this case is also incorporated by reference as fully set forth therein.
(B) Dr. Moses C. Jones, Jr. 973 Golf View Lane, #2 Lapeer, Michigan 48446 Cell: (601) 506-7080 Email: mosesjones@msn.com
Dr. Jones is an expert in the field of neurogsurgery and physical medicine. A copy of Dr. Jones' curriculum vitae is attached hereto as Exhibit “E.” Dr. Jones is a medical physician who is expected to testify based upon his education, experience, training and his review of the information provided to him in this litigation. Dr. Jones is expected to testify regarding the extent and duration of Plaintiff's injuries including the affects, if any, of Plaintiff's pre-existing conditions. Dr. Jones will also testify regarding the Plaintiff's medical conditions allegedly suffered in the current lawsuit, including the effects this incident allegedly had on Plaintiff's functional capacity. Dr. Jones is further expected to testify as to Plaintiff's impairment rating assigned by Dr. Katz and/or Dr. Brophy. Further, Dr. Jones will testify about the effects and injuries Plaintiff suffered during the surgery performed by Dr. Brophy including the risks/benefits of the type surgery performed. Dr. Jones will offer testimony regarding Dr. Brophy's performance of said surgery including the resulting consequences of said surgery. Dr. Jones will also offer testimony about the need, or not, of any future medical treatment and/or care reasonably expected to be incurred by the Plaintiff resulting from her alleged slip and fall. Finally, Dr. Jones will offer rebuttal testimony to the opinions and conclusions reached by Dr. Brophy and/or Dr. Katz as detailed in the medical records and any reports authored by either or both.
(C) Jim Koerber, CPA/ABV, CVA, CFE, CFF The Koerber Company 103 Madison Plaza Hattiesburg, Mississippi 39402
Mr. Koerber is an expert in the field of economics, accounting and valuation. He is expected to testify as to the valuation of Plaintiff's alleged economic losses due to her injuries sustained as a result of the incident in question. In so doing, Mr. Koerber may testify concerning, but not limited to, Plaintiff's life expectancy, lost wages, future lost wages, past, present and future medical expenses, loss of income, future loss of income, present value calculations, economic values and any areas in his field of expertise addressed by the Plaintiffs= expert witnesses.
Mr. Koerber's opinions are based upon: 1) his specialized knowledge, training, and skills as an economist and accountant, 2) documents produced to him in the pending litigation along with other materials reasonably relied upon by experts in the field of economics and accounting; and 3) his review of report(s) generated by Plaintiff's experts. Mr. Koerber may review other depositions, medical records and/or other reports to finalize his opinion. A copy of Mr. Koerber's curriculum vitae and fee schedule is attached hereto as Exhibit "F" and incorporated by reference as fully set out therein. A more detailed summary of Mr. Koerber's specific opinions and the grounds for the same is contained in his report, which will be supplemented upon receipt of the same, and is incorporated by reference as fully set out therein. Any deposition testimony given by Mr. Koerber in this case is also incorporated by reference as fully set forth therein.

Doc. #34 at 1-4.

         On September 25, 2017, Plaintiffs' counsel notified counsel for Defendants of the death of one of Defendants' designated experts-Mr. Nathaniel Fentress. Doc. #60 at ¶2. Thereafter, the discovery deadline was extended twice, with December 14, 2017 being the final deadline. As of December 14, 2017, no reports for Defendants' experts had been produced, despite the expiration of both the defendants' expert designation deadline and the discovery deadline on December 14, 2017. On December 21, 2017, Plaintiffs filed their first Motion to Strike Defendants' Experts [Doc. 60] as well as a Memorandum in Support [Doc. 61].

         While that motion was pending, on January 4, 2018, Defendants filed a Notice of Service [Doc. 67] indicating Plaintiffs were being served with Defendants' Supplemental Designation of Expert Witnesses (Exhibit “A”). Defendants' Supplemental Designation replaced Mr. Nathaniel Fentress with Ms. Kathy Jackson-Smith, but this “supplemental” designation still failed to provide any reports-and, hence, any opinions to be testified to at trial or facts and data in support thereof.

         Shortly after filing the Notice of Service [Doc. 67], Defendants filed their Response to Plaintiffs' Motion to Strike [Doc. 68], attaching Defendants' initial and supplemental expert designation as exhibits [Doc. 68-1, 68-2]. Defendants assert therein they withheld preparation of expert reports in anticipation of a Rule 35 Independent Medical Examination. According to the Plaintiffs, the first time a Rule 35 Examination was mentioned was at the case management conference-where Plaintiffs' counsel made clear Plaintiffs would not voluntarily agree to such an exam. Plaintiffs' counsel also asserts-and defendants' counsel offer no evidentiary proof to the contrary-that Defendants' counsel made no mention of their desire to move forward with a Rule 35 Exam, again, until December 14, 2017-almost five (5) months after their designation deadline, and on the date the extended discovery deadline expired.

         On January 26, 2018, this Court entered an order [Doc. 74] finding that the plaintiffs' motion to strike the purported expert designations, filed on July 27, 2017, was untimely and would be denied for that reason. Plaintiffs were directed to “separately file, within (5) five business days hereof, any motion and memorandum in support that it may wish to have the court take up on the issue of whether the ‘supplemental' report of January 4, 2018, should be stricken for untimeliness.” Doc. #74. Thereafter, Defendants filed a Notice of Service [Doc. 75] of Defendants' Second Supplemental Designation of Experts (Exhibit “B”). Accompanying this designation were, according to counsel, formal reports of Dr. Moses Jones and Kathy Jackson-Smith.

         On January 29, 2018, Plaintiffs filed the instant motion to strike the purported January 4, 2018 supplemental and subsequently filed second supplemental designations.

         Law ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.