ORDER ON FINAL PRETRIAL CONFERENCE
RICHARD G. KOPF, Senior District Judge.
A final pretrial conference was held on the 28th day of February 2019. Appearing for the parties as counsel were:
Michael P. Healy
The Healy Law Firm, LLC
3640 NE Ralph Powell Road
Lee's Summit, MO 64064
Appearing for Plaintiff David T. Russell
Tanya J. Hansen
Smith, Johnson, Baack, Placzek,
Allen, Connick & Hansen
104 N. Wheeler Ave.
Grand Island, NE 68801
Appearing for Defendant Edward R. Anderson
(A) Exhibits. See attached Joint Exhibit List.
(B) Uncontroverted Facts. The parties cannot agree on a statement of uncontroverted facts. The plaintiff suggests using language chosen by Judge Kopf in his order granting summary judgment as follows, to which Defendant objects:
1. On August 9, 2013, Defendant was driving his automobile northbound on Highway 281 in Greeley County, Nebraska, while Plaintiff was driving his motorcycle southbound. At that time and place, there was a collision between Plaintiff and Defendant.
2. At the time and place of the collision, Plaintiff was driving his motorcycle on the right-hand side of the southbound lane.
3. Shortly before the collision, defendant crossed the center line by seven feet; and in doing so, defendant was negligent.
4. Plaintiff's motorcycle was totaled as a result of the crash. Defendant believes the following are the uncontroverted facts, to which Plaintiff objects, as follows:
1. On August 9, 2013, at approximately 9:30 p.m., Plaintiff was operating a 2012 Harley Davidson motorcycle in a southerly direction on Highway 281 in Greeley County Nebraska. At said time and place, Defendant was operating a 2000 Pontiac Grand Prix in a northerly direction on Highway 281, when an accident occurred between the two vehicles.
2. At the time and place of the accident, there were no white line markings along the side of the road due to road work being done on Highway 281.
(C) Controverted and Unresolved Issues. The issues remaining to be determined and unresolved matters for the court's attention are:
1. Whether Plaintiff failed to take reasonable steps to minimize his alleged damages. Plaintiff objects to this claim because defendant has never disclosed what injuries or damages could have been avoided;
2. Whether Plaintiff was contributorily negligent in causing the accident. Plaintiff objects to this claim because defendant has never disclosed what act or omission defendant claims was negligent; and
3. The nature and extent of the injuries and damages caused to Plaintiff. Pursuant to NECivR 16.2(a)(2)(C)(i) Plaintiff claims special damages of $227,387.30 for past medical expenses incurred as a result of the collision, and $80,000.00 for future medical expenses incurred as a result of the collision for a total amount of $307,387.30. Plaintiff also claims that the injuries to his neck, back and shoulder are permanent, progressive and will require future treatments.
(D) Witnesses. All witnesses, including rebuttal witnesses, expected to be called to testify by Plaintiff, except those who may be called for impeachment purposes as defined in NECivR 16.2(c) only, are:
1. Garret Sherman
11302 W. 247th St.
Bucyrus, KS 66013
He resides more than 100 miles from the Courthouse and outside
the District of Nebraska. Plaintiff filed deposition designations (Doc.
66) to be read at trial.
2. Nick Hargis
1024 W. Forest Dr.
Olathe, KS 66061
He resides more than 100 miles from the Courthouse and outside
the District of Nebraska. Plaintiff filed deposition designations (Doc.
66) to be read at trial.
3. Bob Gresham
907 Trailway Dr.
Raymore, MO 64083
He resides more than 100 miles from the Courthouse and outside
the District of Nebraska. He is expected to appear live at trial.
4. Stephanie Heigel
203 Cherokee Dr.
Belton, MO 64012
She resides more than 100 miles from the Courthouse and outside
the District of Nebraska. She is expected to appear live at trial.
5. Mike Wilson
20805 S. Dean Rd.
Belton, MO 64012
He resides more than 100 miles from the Courthouse and outside
the District of Nebraska. He is expected to appear live at trial.
6. David Russell (the Plaintiff)
608 Fairway Rd.
Belton, MO 64012
He resides more than 100 miles from the Courthouse and outside
the District of Nebraska. He is expected to appear live at trial.
7. Truett Swaim, M.D.
11704 Canterbury
Leawood, KS 66211
He resides more than 100 miles from the Courthouse and outside
the District of Nebraska. He is expected to appear live at trial.
The witnesses Plaintiff may call if the need arises are:
8. Edward R. Anderson (the Defendant)
81202 498th Avenue
Greeley, NE 68842
He resides more than 100 miles from the Courthouse but within the
District of Nebraska. He is expected to appear live at trial.
9. Jim Anderson
81202 498th Avenue
Greeley, NE 68842
He resides more than 100 miles from the Courthouse but within the
District of Nebraska. He is expected to appear live at trial, but
Plaintiff has filed deposition designations which he may read at trial.
10. David Weeks
Greeley County Sheriff's Office
PO Box 248
Greeley, NE 68842
He resides more than 100 miles from the Courthouse but within the
District of Nebraska. He is expected to appear live at trial, but
Plaintiff has filed deposition designations which he may read at trial.
11. Any necessary rebuttal or impeachment witnesses
All witnesses expected to be called to testify by Defendant, except those who may be called for impeachment purposes as defined in NECivR 16.2(c) only, are:
1. David T. Russell
608 Fairway Rd.
Belton, MO 64012
2. Edward R. Anderson
81202 498th Avenue
Greeley, NE 68842
3. James Anderson
81202 498th Avenue
Greeley, NE 68842
Live or by deposition
4. Officer David Weeks
Greeley County Sheriff's Office
PO Box 248
Greeley, NE 68842
Live or by deposition
5. Garret Sherman
11302 W. 247th St.
Bucyrus, KS 66013
By deposition
6. Nick Hargis
1024 W. Forest Dr.
Olathe, KS 66061
By deposition
All of Plaintiff's witnesses
Any necessary rebuttal or impeachment witnesses
(E) Expert Witnesses' Qualifications. Experts to be called by Plaintiff and their qualifications are:
1. Truett Swaim, M.D.
11704 Canterbury
Leawood, KS 66211
See attached Curriculum Vitae
Defendant does not anticipate calling any expert witnesses.
(F) Voir Dire. Counsel have reviewed Federal Rule of Civil Procedure 47(a) and NECivR 47.2(a) and suggest the following with regard to the conduct of juror examination: Counsel prefer to conduct Voir Dire entirely. If the Court permits that, counsel request two hours each for Voir Dire. If the Court conducts its standard Voir Dire, then both counsel request 40 minutes of additional Voir Dire instead of the normal 20 minutes.
(G) Number of Jurors. Counsel have reviewed Federal Rule of Civil Procedure 48 and NECivR 48.1 and suggest that this matter be tried to a jury composed of 12 members.
(H) Verdict. The parties will stipulate to a less-than-unanimous verdict. The parties' stipulation is: 10 of 12 jurors is sufficient. If the jury is composed of less than 12 members then the parties will not consent to a less-than-unanimous verdict.
(I) Briefs, Instructions, and Proposed Findings. Counsel have reviewed NECivR 39.2(a), 51.1(a), and 52.1, and suggest the following schedule for filing trial briefs, proposed jury instructions, and proposed findings of fact, as applicable:
1. Trial briefs shall be delivered to the Judge at least five (5) working days before the first day of trial.
2. Proposed jury instructions shall be delivered to the Judge at least five business (5) days before the first day of trial.
3. Neither party requests that the Court issue findings of fact in this jury tried case.
(J) Length of Trial. Counsel estimate the length of trial will consume not less than two days, and not more than five days, and probably about four days.
(K) Trial Date: Trial is set for May 13-16, 2019.
(L) Other. The plaintiff has already made deposition designations. Defendant shall have counter-designations and objections to plaintiff's designations by March 15, 2019, and plaintiff shall file objections to defendant's counter-designations by March 29, 2019.
(M) Electronic Devices: Sonya Healy, paralegal of the Healy Law Firm, LLC, 3640 NE Ralph Powell Road, Lee's Summit, MO 64064, shall be allowed to bring in electronic devices into the courthouse/courtroom from May 13, 2019 to May 16, 2019.
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
DAVID T. RUSSELL, Case No. 4:17CV3085
Plaintiff,
JOINT EXHIBIT LIST
vs.
EDWARD R. ANDERSON,
Defendant.
Trial Date(s): March 25-March 28, 2019
EXHIBIT NO.
PLF DF DESCRIPTION OFF OBJ RCVD NOT DATE
RCVD
1 Accident Report (Edward H
Anderson Depo Exhibit 1)
2 Google Map Photo
(Edward Anderson Depo
Exhibit 2)
3 Google Map Photo
(Edward Anderson Depo
Exhibit 3)
4 Google Map Photo
(Edward Anderson Depo
Exhibit 4)
5 Google Map Photo
(Edward Anderson Depo
Exhibit 5)
6 Google Map Photo
(Edward Anderson Depo
Exhibit 6)
7 Photograph of Anderson's
Vehicle (Edward Anderson
Depo Exhibit 7)
8 Photograph of Anderson's
Vehicle-closer photo of the
front part of the wheel well
(Edward Anderson Depo
Exhibit 8)
9 Photograph of Anderson's
Vehicle (Edward Anderson
Depo Exhibit 9)
10 Photograph of Anderson's
Vehicle-close-ups of
damage to Anderson's
Vehicle (Edward Anderson
Depo Exhibit 10)
11 Photograph of Anderson's
Vehicle-close-ups of
damage to Anderson's
Vehicle (Edward Anderson
Depo Exhibit 11)
12 Photograph of the scene of
the accident (Russell Depo
Exhibit 12)
12A Photograph of the scene of
the accident (Russell Depo
Exhibit 12)
12B Photograph of the scene of
the accident (Russell Depo
Exhibit 12)
12C Photograph of the scene of
the accident (Russell Depo
Exhibit 12)
12D Photograph of the scene of
the accident (Russell Depo
Exhibit 12)
12E Photograph of the scene of
the accident (Russell Depo
Exhibit 12)
12F Photograph of the scene of
the accident (Russell Depo
Exhibit 12)
12G Photograph of the scene of
the accident (Russell Depo
Exhibit 12)
13 Photograph of damage to
full (rider's) right side of the
bike; custom paint job on
fuel tank and exhaust
(Russell Depo Exhibit 13)
13A Photograph of damage to
rear of bike with upper
storage compartment
removed; custom paint job
(Russell Depo Exhibit 13)
13B Photograph of damage to
full (rider's) left side of the
bike with upper storage
compartment removed;
custom paint job (Russell
Depo Exhibit 13)
13C Photograph of damage to
front of the bike, including
custom wheel and brake
rotor; custom paint job
(Russell Depo Exhibit 13)
13D Photograph of damage to
windshield/fairing; custom
paint job (Russell Depo
Exhibit 13)
13E Photograph of speedometer
and odometer on
bike (Russell Depo Exhibit
13)
13F Photograph of damage to
front of the bike-closer
picture including front
fender, crash bars, and
front fork suspension;
custom paint job (Russell
Depo Exhibit 13)
13G Photograph of damage to
back (rider's) left portion of
the bike; custom paint job-Blurry
(Russell Depo
Exhibit 13)
13H Photograph of damage to
full (rider's) left side of the
bike; custom paint job-Blurry
(Russell Depo
Exhibit 13)
13I Photograph of damage to
front (rider's) left portion of
the bike, including
windshield/fairing,
handlebars, front fender,
crash bars, and front fork
suspension, back (rider's)
left saddle bag and
passenger back rest;
custom paint job-Blurry
(Russell Depo Exhibit 13)
13J Photograph of damage to
back (rider's) right portion
of the bike, including upper
storage compartment, back
(rider's) right saddle bag,
rear view of passenger
back rest, fuel tank, and
rear view of crash bars;
custom paint job-Blurry
(Russell Depo Exhibit 13)
13K Photograph of damage to
dashboard, gauges,
ignition with lock,
handlebars on bike and
upper portion of fuel tank
with fuel cap; custom paint
job-Blurry (Russell Depo
Exhibit 13)
13L Photograph of damage to
fuel tank, engine, air filter
cover and exhaust on bike;
custom paint job-Blurry
(Russell Depo Exhibit 13)
13M Photograph of damage to
full (rider's) right side of the
bike, including fuel tank,
engine, air filter cover,
custom exhaust, side view
of crash bars, driver and
passenger seat, passenger
seat back rest, back
(rider's) right saddle bag
and side view of upper
storage compart-ment;
custom paint job-Blurry
(Russell Depo Exhibit 13)
13N Photograph of damage to
front (rider's) right portion
of the bike, including side
view of front tire/custom
wheel and brake rotor,
front fender, headlights,
and front (rider's) right
crash bar; custom paint
job-Blurry (Russell Depo
Exhibit 13)
130 Photograph of damage to
front (rider's) left portion of
the bike, including front
fender, windshield/fairing,
headlights, crash bar, front
view of passenger back
rest, and (rider's) left
saddle bag; custom paint
job (Russell Depo Exhibit
13)
13P Photograph of damage to
back (rider's) left side of
the bike, including rear
aftermarket fender, (rider's)
left saddle bag
compartment, upper
storage compartment, rear
view of passenger's back
rest, rear view of fuel tank
with fuel cap, drivers seat,
crash bars, and dashboard;
custom paint job (Russell
Depo Exhibit 13)
13Q Photograph of damage to
lower portion of
windshield/fairing on bike,
headlights out of alignment
and crash bars; custom
paint job (Russell Depo
Exhibit 13)
13R Photograph of damage to
rear of the bike including
back end of both saddle
bags and upper storage
compartment; custom paint
job (Russell Depo Exhibit
13)
13S Photograph of damage to
rear (rider's) right portion of
the upper storage
compartment, rear
aftermarket fender and rear
of both saddlebags;
custom paint job (Russell
Depo Exhibit 13)
13T Photograph of damage to
and shift of steering
column below odometer
and speedometer gauges,
includes cruise control
switch and Accessory
"ACC" switch; custom paint
job (Russell Depo Exhibit
13)
13U Photograph of damage to
dashboard, including radio,
gauges, ignition with lock,
odometer, speedometer,
steering column,
handlebars, upper portion
of fuel tank with fuel cap
and speakers; custom
paint job (Russell Depo
Exhibit 13)
13V Photograph of damage to
bike body/paint job
(Russell Depo Exhibit 13)
13W Photograph of damage to
frame/body; custom paint
job (Russell Depo Exhibit
13)
13X Photograph of damage to
rear fender and rear of
(rider's) right saddle bag
compartment; custom paint
job (Russell Depo Exhibit
13)
13Y Photograph of damage to
rear (rider's) left saddle bag
compartment; custom paint
job (Russell Depo Exhibit
13)
13Z Photograph of damage to
(rider's) left crash bar;
custom paint job (Russell
Depo Exhibit 13)
13 Photograph of damage to
AA dashboard/windshield/fairing;
custom paint
job (Russell Depo Exhibit
13)
13 Photograph of damage to
BB (driver's) left portion of the
dashboard, in front of
handlebars; custom paint
job (Russell Depo Exhibit
13)
13 Photograph of damage to
CC exhaust leading into
Cylinder Head; custom
paint job (Russell Depo
Exhibit 13)
13 Photograph of damage to
DD exhaust leading into
Cylinder Head-closer
image; custom paint job
(Russell Depo Exhibit 13)
13 Photograph of damage
EE (crack/bend) in frame
(Russell Depo Exhibit 13)
13 Photograph of damage to
FF Fairing/windshield/
dashboard bracket from
below on (rider's) right side
(Russell Depo Exhibit 13)
13 Photograph of damage to
GG Bike (Russell Depo Exhibit
13)
13 Photograph of damage to
HH Bike (Russell Depo Exhibit
13)
13 Photograph of damage to
II front of bike including front
facing tire, crash bars,
headlights, and
windshield/Fairing (Russell
Depo Exhibit 13)
14 Photographs of damage to
Tent (Russell Depo Exhibit
14)
14A Photographs of damage to
Tent (Russell Depo Exhibit
14)
14B Photographs of damage to
Tent (Russell Depo Exhibit
14)
14C Photographs of damage to
Tent (Russell Depo Exhibit
14)
14D Photographs of damage to
Tent (Russell Depo Exhibit
14)
14E Photographs of damage to
Tent (Russell Depo Exhibit
14)
14F Photographs of damage to
Tent (Russell Depo Exhibit
14)
14G Photographs of damage to
Tent (Russell Depo Exhibit
14)
14H Photographs of damage to
Tent (Russell Depo Exhibit
14)
14I Photographs of damage to
Tent (Russell Depo Exhibit
14)
14J Photographs of damage to
Tent (Russell Depo Exhibit
14)
15 Letter to David Russell R, H, O
from Fred Falkner of State Prejudicial
Farm-Dated August 21,
2013 RE: Electronic funds
transfer
16 Letter to David Russell R, H, O
from Michelle Mueller of Prejudicial
State Farm-Dated October
16, 2013 RE: Settlement of
David Russell's 2012
Harley-Davidson
17 Letter to Fred Falkner from R, H, O
Andrew Nantz-Dated May Prejudicial
27, 2014-Indicating that he
represents David Russell
18 Letter to Andrew Nantz R, H, O
from Fred Falkner-Dated Prejudicial
May 27, 2014-Acknowledging
Mr. Nantz's
letter of Representation
19 Letter to Andrew Nantz R, H, O
from Frank Arens of State Prejudicial
Farm-Dated December 21,
2016 RE: Andrew Nantz's
Demand Letter-Dated
November 22, 2016
20 Letter to Fred Falkner from R, H, O
Andrew Nantz-Dated Prejudicial
November 22, 2016-Demand
Letter
21 Photograph of David R, O
Russell on Motorcycle in Pl has failed
March 2013 to answer
discovery
related to
Pl's alleged
activities
22 Photograph of David R, O
Russell's motorcycle taken Pl has failed
on August 5, 2013 to answer
discovery
related to
Pl's alleged
activities
23 Photograph of David R, O
Russell, wearing Paint suit Pl has failed
in December 2013 to answer
discovery
related to
Pl's alleged
activities
24 Photograph of David R, O
Russell standing on deck in Pl has failed
July 2009 to answer
discovery
related to
Pl's alleged
activities
25 Photograph of David R, O
Russell's neck January Pl has failed
2015 to answer
discovery
related to
Pl's alleged
activities
26 Photograph of David R, O
Russell's bike packed and Pl has failed
"ready to head home" to answer
August 11, 2013 discovery
related to
Pl's alleged
activities
27 Photograph of David R, O
Russell in auditorium in Pl has failed
December 2017 to answer
discovery
related to
Pl's alleged
activities
28 Coliseum Imaging H, R, O
Center/Regional Imaging-Medical Foundation,
Recs and Aff-8/15/19 Pl has failed
(VNJ0001-VNJ0007) to fully
answer
discovery
related to
Pl's prior
medical
providers
29 Coliseum Imaging H, R, O
Center/Regional Imaging-8/15/2013 Foundation,
Billing Recs and Pl has failed
Aff (VNJ0008-VNJ0009) to fully
answer
discovery
related to
Pl's prior
medical
providers
30 Coliseum Imaging H, R, O
Center/Regional Imaging-Billing Foundation,
Update-8/15/2013-4/9/2015 Pl has failed
(VNJ0010-VNJ0011) to fully
answer
discovery
related to
Pl's prior
medical
providers
31 Specialists in Sports & H, R, O
Ortho Rehab-Medical Recs Foundation,
and Aff-3/20/14-5/30/14 Pl has failed
(VNJ0012-VNJ0081) to fully
answer
discovery
related to
Pl's prior
medical
providers
32 Specialists in Sports & H, R, O
Ortho Rehab-Medical Recs Foundation,
and Aff-3/20/14-6/23/14 Pl has failed
(VNJ0082-VNJ0165) to fully
answer
discovery
related to
Pl's prior
medical
providers
33 Specialists in Sports & H, R, O
Ortho Rehab-Medical Recs Foundation,
and Aff-9/22/14-9/25/14 Pl has failed
(VNJ0166-VNJ0195) to fully
answer
discovery
related to
Pl's prior
medical
providers
34 Specialists in Sports & H, R, O
Ortho Rehab-Billing Recs Foundation,
and Aff-3/20/14-5/30/14 Pl has failed
(VNJ0196-VNJ0208) to fully
answer
discovery
related to
Pl's prior
medical
providers
35 Specialists in Sports & H, R, O
Ortho Rehab-Billing Recs Foundation,
and Aff-3/20/14-5/30/14 Pl has failed
(VNJ0209-VNJ0226) to fully
answer
discovery
related to
Pl's prior
medical
providers
— Specialists in Sports & H, R, O
Ortho Rehab-Billing Recs Foundation,
HEALTH INSURANCE Pl has failed
CLAIM FORMS (VNJ0227-VNJ0237) to fully
WILL NOT BE answer
USED AS A TRIAL discovery
EXHIBIT-COLLATERAL related to
SOURCE Pl's prior
medical
providers
36 University of Kansas H, R, O
Hospital-Billing Recs and Foundation,
Aff-2/28/14 (VNJ0238-VNJ0239) Pl has failed
to fully
answer
discovery
related to
Pl's prior
medical
providers
37 JoCo Orthopedics & Sports H, R, O
Medicine-Medical Recs Foundation,
and Aff (VNJ0240-VNJ0261) Pl has failed
to fully
answer
discovery
related to
Pl's prior
medical
providers
38 JoCo Orthopedics & Sports H, R, O
Medicine-Billing Recs and Foundation,
Aff- 8/9/13-5/27/14 Pl has failed
(VNJ0262-VNJ0263) to fully
answer
discovery
related to
Pl's prior
medical
providers
39 KC Spine & Sport-Medical H, R, O
Recs and Aff- (VNJ0264-VNJ0302) Foundation,
Pl has failed
to fully
answer
discovery
related to
Pl's prior
medical
providers
40 KC Spine & Sport-Billing H, R, O
Recs and Aff- (VNJ0303-VNJ0305) Foundation,
Pl has failed
to fully
answer
discovery
related to
Pl's prior
medical
providers
— Olathe Med Center-Medical H, R, O
Recs and Aff-(VNJ0306-VNJ0413) Foundation,
WILL Pl has failed
NOT BE USED AS A to fully
TRIAL EXHIBIT-RECORDS answer
NOT discovery
RELATED TO THE related to
ACCIDENT-G.I. Pl's prior
RECORDS medical
providers
— Olathe Med Center-Billing H, R, O
Recs and Aff- (VNJ0414-VNJ0420) Foundation,
WILL NOT BE Pl has failed
USED AS A TRIAL to fully
EXHIBIT-RECORDS NOT answer
RELATED TO THE discovery
ACCIDENT-G.I. related to
RECORDS Pl's prior
medical
providers
41 Carolina Health H, R, O
Specialists/Strand Foundation,
Physicians Specialists-Billing Pl has failed
Recs and Aff-8/9/13 to fully
(VNJ0421-VNJ0422) answer
discovery
related to
Pl's prior
medical
providers
42 Grand Strand Regional H, R, O
Med Center-Medical Recs Foundation,
and Aff (VNJ0423-VNJ0452) Pl has failed
to fully
answer
discovery
related to
Pl's prior
medical
providers
43 Grand Strand Regional H, R, O
Med Center-Billing Recs Foundation,
and Aff 1/19/14 (VNJ0453-VNJ0456) Pl has failed
to fully
answer
discovery
related to
Pl's prior
medical
providers
44 Menorah Med Center-Medical H, R, O
Recs and Aff Foundation,
(VNJ0457-VNJ0491) Pl has failed
to fully
answer
discovery
related to
Pl's prior
medical
providers
45 Menorah Med Center-Billing H, R, O
Recs and Aff Foundation,
(VNJ0492-VNJ0494) Pl has failed
to fully
answer
discovery
related to
Pl's prior
medical
providers
46 University of KS H, R, O
Physicians-Medical Recs Foundation,
and Aff (VNJ0495-VNJ0510) Pl has failed
to fully
answer
discovery
related to
Pl's prior
medical
providers
47 University of KS H, R, O
Physicians-Billing Recs Foundation,
and Aff (VNJ0511-VNJ0512) Pl has failed
to fully
answer
discovery
related to
Pl's prior
medical
providers
48 United Imaging H, R, O
Consultants-Medical Recs-8/9/13 Foundation,
(VNJ0513-VNJ0518) Pl has failed
to fully
answer
discovery
related to
Pl's prior
medical
providers
49 United Imaging H, R, O
Consultants-Billing Recs Foundation,
and Aff-6/11/14 (VNJ0519-VNJ0520) Pl has failed
to fully
answer
discovery
related to
Pl's prior
medical
providers
50 United Imaging H, R, O
Consultants-Billing Update Foundation,
1- (VNJ0521-VNJ0524) Pl has failed
to fully
answer
discovery
related to
Pl's prior
medical
providers
51 United Imaging H, R, O
Consultants-Billing Update Foundation,
2-2/19/14-12/23/14 Pl has failed
(VNJ0525-VNJ0527) to fully
answer
discovery
related to
Pl's prior
medical
providers
52 UPMC Presbyterian H, R, O
Shadyside-Medical Recs Foundation,
and Aff (VNJ0528-VNJ0732) Pl has failed
to fully
answer
discovery
related to
Pl's prior
medical
providers
53 UPMC Presbyterian H, R, O
Shadyside-Billing Recs and Foundation,
Aff-8/9/2013 (VNJ0733-VNJ0737) Pl has failed
to fully
answer
discovery
related to
Pl's prior
medical
providers
54 UPMC Presbyterian H, R, O
Shadyside-Updated records Foundation,
— NO AFFIDAVIT (VNJ0738-VNJ0959 Pl has failed
to fully
answer
discovery
related to
Pl's prior
medical
providers
55 Raintree Chiro-Medical Recs H, R, O
and Aff-6/27/14 (VNJ0960-VNJ0982) Foundation,
Pl has failed
to fully
answer
discovery
related to
Pl's prior
medical
providers
56 Raintree Chiro-Billing Recs H, R, O
and Aff-8/12/13-8/20/13 Foundation,
(VNJ0983-VNJ0984) Pl has failed
to fully
answer
discovery
related to
Pl's prior
medical
providers
57 Research Med Center-Medical H, R, O
Recs and Aff-8/9/13-5/27/14 Foundation,
(VNJ0985-VNJ1001) Pl has failed
to fully
answer
discovery
related to
Pl's prior
medical
providers
58 Research Med Center-Billing H, R, O
Recs and Aff Foundation,
(VNJ1002-VNJ1005) Pl has failed
to fully
answer
discovery
related to
Pl's prior
medical
providers
59 Providence Med Center-Billing H, R, O
Recs and Aff-10/28/13-2/3/14 Foundation,
(VNJ1006-VNJ1008) Pl has failed
to fully
answer
discovery
related to
Pl's prior
medical
providers
60 Providence Med Center-Billing H, R, O
Recs and Aff Foundation,
(VNJ1009-VNJ1011) Pl has failed
to fully
answer
discovery
related to
Pl's prior
medical
providers
61 Neurosurgery Assoc. of H, R, O
KC-Medical Recs and Aff Foundation,
2013-6/4/14 (VNJ1012-VNJ1045) Pl has failed
to fully
answer
discovery
related to
Pl's prior
medical
providers
62 Neurosurgery Assoc. of H, R, O
KC-Billing Recs and Aff Foundation,
2013-6/4/14 (VNJ1046-VNJ1047) Pl has failed
to fully
answer
discovery
related to
Pl's prior
medical
providers
63 KCOI-Medical Recs and H, R, O
Aff-8/13-6/14 (VNJ1048-VNJ1066) Foundation,
Pl has failed
to fully
answer
discovery
related to
Pl's prior
medical
providers
64 KCOI-Billing Recs and Aff-8/13-6/14 H, R, O
(VNJ1067-VNJ1072) Foundation,
Pl has failed
to fully
answer
discovery
related to
Pl's prior
medical
providers
65 Alliance Radiology-Billing H, R, O
Recs and Aff 8/9/13-8/18/14 Foundation,
(VNJ1073-VNJ1074) Pl has failed
to fully
answer
discovery
related to
Pl's prior
medical
providers
66 Tri-State Neuro Assoc. — H, R, O
Medical Recs and Aff Foundation,
(VNJ1075-VNJ1103) Pl has failed
to fully
answer
discovery
related to
Pl's prior
medical
providers
67 Tri-State Neuro Assoc.-Billing H, R, O
Recs and Aff Foundation,
(VNJ1104-VNJ1106) Pl has failed
to fully
answer
discovery
related to
Pl's prior
medical
providers
68 Dr. Steven Robke-Medical H, R, O
Recs and Aff-8/14/13-9/6/13 Foundation,
(VNJ1107-VNJ1163) Pl has failed
to fully
answer
discovery
related to
Pl's prior
medical
providers
69 Dr. Steven Robke-Record H, R, O
Update 17/8/14-3/7/15 Foundation,
(VNJ1164-VNJ1166) Pl has failed
to fully
answer
discovery
related to
Pl's prior
medical
providers
70 Dr. Steven Robke-Billing H, R, O
Recs and Aff-8/14/13-8/21/14 Foundation,
(VNJ1167-VNJ1226) Pl has failed
to fully
answer
discovery
related to
Pl's prior
medical
providers
71 Dr. Steven Robke-Billing H, R, O
Update 17/8/14-8/31/14 Foundation,
(VNJ1227-VNJ1229) Pl has failed
to fully
answer
discovery
related to
Pl's prior
medical
providers
72 KC Imaging Center-Medical H, R, O
Recs and Aff-10/28/13-7/8/14 Foundation,
(VNJ1230-VNJ1253) Pl has failed
to fully
answer
discovery
related to
Pl's prior
medical
providers
73 KC Imaging Center-Billing H, R, O
Recs and Aff Foundation,
(VNJ1254-VNJ1263) Pl has failed
to fully
answer
discovery
related to
Pl's prior
medical
providers
74 KC Imaging Center-Itemized H, R, O
Billing Recs-12/23/14 Foundation,
(VNJ1264-VNJ1265) Pl has failed
to fully
answer
discovery
related to
Pl's prior
medical
providers
75 University of Pittsburgh H, R, O
Physicians-Medical Recs Foundation,
and Aff-1/3/14 Pl has failed
(VNJ1266-VNJ1274) to fully
answer
discovery
related to
Pl's prior
medical
providers
76 University of Pittsburgh H, R, O
Physicians-Billing Recs and Foundation,
Aff (VNJ1275-VNJ1283) Pl has failed
to fully
answer
discovery
related to
Pl's prior
medical
providers
77 Interventional Pain H, R, O
Management-Medical Recs Foundation,
and Aff-8/9/13-5/2/14 Pl has failed
(VNJ1284-VNJ1299) to fully
answer
discovery
related to
Pl's prior
medical
providers
78 Interventional Pain H, R, O
Management-Billing Recs Foundation,
and Aff-2/7/14 (VNJ1300-VNJ1301) Pl has failed
to fully
answer
discovery
related to
Pl's prior
medical
providers
79 Centerpoint Ambulatory H, R, O
Surgery Center-Medical Foundation,
Recs and Aff-8/6/14-1/21/15 Pl has failed
(VNJ1302-VNJ1352) to fully
answer
discovery
related to
Pl's prior
medical
providers
80 Centerpoint Ambulatory H, R, O
Surgery Center-Billing Recs Foundation,
and Aff- (VNJ1353-VNJ1354) Pl has failed
to fully
answer
discovery
related to
Pl's prior
medical
providers
81 Drisko Fee & Parkins-Medical H, R, O
Recs and Aff Foundation,
(VNJ1355-VNJ1363) Pl has failed
to fully
answer
discovery
related to
Pl's prior
medical
providers
82 Drisko Fee & Parkins-Billing H, R, O
Recs and Aff Foundation,
(VNJ1364-VNJ1365) Pl has failed
to fully
answer
discovery
related to
Pl's prior
medical
providers
83 Drisko Fee & Parkins-Billing H, R, O
Recs and Aff Foundation,
(VNJ1366-VNJ1367) Pl has failed
to fully
answer
discovery
related to
Pl's prior
medical
providers
84 Jo Co Anesthesiologists-Billing H, R, O
Recs and Aff-9/13/14-2/23/15 Foundation,
(VNJ1368-VNJ1369) Pl has failed
to fully
answer
discovery
related to
Pl's prior
medical
providers
85 Olathe Medical Services-Billing H, R, O
Recs and Aff-8/27/13-2/23/15 Foundation,
(VNJ1370-VNJ1372) Pl has failed
to fully
answer
discovery
related to
Pl's prior
medical
providers
86 Anesthesia Assoc. of KC-Billing H, R, O
Recs and Aff-12/2/14 Foundation,
(VNJ1373-VNJ1375) Pl has failed
to fully
answer
discovery
related to
Pl's prior
medical
providers
87 DJO, LLC-Billing Recs and H, R, O
Aff-12/2/14 (VNJ1376-VNJ1377) Foundation,
Pl has failed
to fully
answer
discovery
related to
Pl's prior
medical
providers
88 Dr. Feigenbaum-Medical H, R, O
Recs and Aff-5/12/15 Foundation,
(VNJ1378-VNJ1380) Pl has failed
to fully
answer
discovery
related to
Pl's prior
medical
providers
89 Dr. Feigenbaum-Billing H, R, O
Recs and Aff-5/12/15 Foundation,
(VNJ1381-VNJ1382) Pl has failed
to fully
answer
discovery
related to
Pl's prior
medical
providers
90 KC Pain Center-Billing Recs H, R, O
and Aff-1/1/15-7/7/15 Foundation,
(VNJ1383-VNJ1393) Pl has failed
to fully
answer
discovery
related to
Pl's prior
medical
providers
91 Catalyst Health Center-Medical H, R, O
Recs and Aff-4/1/15-8/13/15 Foundation,
(VNJ1394-VNJ1650) Pl has failed
to fully
answer
discovery
related to
Pl's prior
medical
providers
92 Catalyst Health Center-Billing H, R, O
Recs- NO Foundation,
AFFIDAVIT (VNJ1651-VNJ1666) Pl has failed
to fully
answer
discovery
related to
Pl's prior
medical
providers
93 Johnson County Ortho & H, R, O
Sports Medicine- Medical Foundation,
Recs and Aff (VNJ1667-VNJ1698) Pl has failed
to fully
answer
discovery
related to
Pl's prior
medical
providers
94 Johnson County Ortho & H, R, O
Sports Medicine- Medical Foundation,
Recs and Aff (VNJ1699-VNJ1706) Pl has failed
to fully
answer
discovery
related to
Pl's prior
medical
providers
95 Catalyst Health H, R, O
Center-Medical/Billing Foundation,
Records and Pl has failed
Affidavit- 8/13/15-3/28/18 to fully
(1707-2079) answer
discovery
related to
Pl's prior
medical
providers
96 KC Pain H, R, O
Center-Medical/Billing Records Foundation,
and Affidavit (2080-2177) Pl has failed
to fully
answer
discovery
related to
Pl's prior
medical
providers
97 Shawnee Mission Medical H, R, O
Center-Medical Records Foundation,
(2178-2203) Pl has failed
to fully
answer
discovery
related to
Pl's prior
medical
providers
98 Medical Specials Summary H, R, O
Foundation,
Pl has failed
to fully
answer
discovery
related to
Pl's prior
medical
providers,
and Pl has
not provided
exhibit
99 Medical Specials Summary H, R, O
with Bills Attached Foundation,
Pl has failed
to fully
answer
discovery
related to
Pl's prior
medical
providers,
and Pl has
not provided
exhibit
100 Summary of Expenses with H, R, O
Bills Attached Foundation,
Pl has failed
to fully
answer
discovery
related to
Pl's prior
medical
providers,
and Pl has
not provided
exhibit
101 Defendant Anderson's R
Answer to Plaintiff's
Petition for Damages
(Complaint)
102 Defendant Anderson's R
response to Plaintiff's
Motion for Partial Summary
Judgment
103 Defendant Edward R.
Anderson's Answers to
Interrogatories (Set I)
104 Defendant Edward R.
Anderson's Answers to
Interrogatories (Set II)
105 Defendant Edward R.
Anderson's Responses to
Requests for Admissions
106 Disk 1- Coliseum Imaging H, R, O
Center 8/15/2013 CSP/TSP Foundation,
Pl has failed
to fully
answer
discovery
related to
Pl's prior
medical
providers
107 Disk 2- Coliseum Imaging H, R, O
Center 8/15/2013 CSP/TSP Foundation,
Pl has failed
to fully
answer
discovery
related to
Pl's prior
medical
providers
108 Disk 3- Kansas City H, R, O
Imaging Center 10/28/2013 Foundation,
MRI Right and Left Pl has failed
Shoulder Arthrogram to fully
answer
discovery
related to
Pl's prior
medical
providers
109 Disk 4- Providence Medical H, R, O
Center 10/28/2013 & Foundation,
2/3/2014 Shoulder Pl has failed
Arthrogram to fully
answer
discovery
related to
Pl's prior
medical
providers
110 Disk 5- Emergent Care Plus H, R, O
12/12/2013 CXR Foundation,
Pl has failed
to fully
answer
discovery
related to
Pl's prior
medical
providers
111 Disk 6- UPMC 1/8/2014 H, R, O
MRI Thoracic Spine Foundation,
Pl has failed
to fully
answer
discovery
related to
Pl's prior
medical
providers
112 Disk 7- Grand Strand H, R, O
Regional Medical Center Foundation,
1/9/2014 Cervical Spine 2-3 Pl has failed
V AP/LAT to fully
answer
discovery
related to
Pl's prior
medical
providers
113 Disk 8- Kansas City H, R, O
Imaging Center 2/3/2014 Foundation,
CXR with Nipple Markers Pl has failed
to fully
answer
discovery
related to
Pl's prior
medical
providers
114 Disk 9- Kansas City H, R, O
Imaging Center 2/18/2014 Foundation,
CXR C-Spine Pl has failed
to fully
answer
discovery
related to
Pl's prior
medical
providers
115 Disk 10- Olathe Medical H, R, O
Center 2/19/2014 CT Foundation,
Thorax with Contrast Pl has failed
to fully
answer
discovery
related to
Pl's prior
medical
providers
116 Disk 11- Menorah Medical H, R, O
Center 2/19/2014 CT Foundation,
Thoracic Spine with Contrast Pl has failed
& CR Myelogram Spine to fully
Thoracic answer
discovery
related to
Pl's prior
medical
providers
117 Disk 12- Providence H, R, O
Medical Center 12/23/2014 Foundation,
MRI Wrist Arthrograms Pl has failed
to fully
answer
discovery
related to
Pl's prior
medical
providers
118 Disk 13- Catalyst Health H, R, O
Center 4/1/2015 X-Rays
Foundation,
Pl has failed
to fully
answer
discovery
related to
Pl's prior
medical
providers
119 Disk 14- Coliseum Imaging H, R, O
Center 4/9/2015 MRI Foundation,
Pl has failed
Cervical/Thoracic to fully
answer
discovery
related to
Pl's prior
medical
providers
120 Disk 15- Coliseum Imaging H, R, O
Center 4/9/2015 MRI Foundation,
Pl has failed
Cervical/Thoracic
to fully
answer
discovery
related to
Pl's prior
medical
providers
121 Disk 16- Catalyst Health H, R, O
Center 6/28/2017 X-Rays: Foundation,
Lateral Cervical View, AP Pl has failed
Thoracic, AP Lumbar, to fully
Lateral Lumbar, and 6 Bi-Lateral answer
Shoulder Views (3 discovery
views per Shoulder) related to
Pl's prior
medical
providers
122 Disk 17- Catalyst Health H, R, O
Center 4/23/2018 X-Rays: Foundation,
AP, Lateral, Lateral Pl has failed
Flexion, and Lateral to fully
Extension Views answer
discovery
related to
Pl's prior
medical
providers
123 Defendant Edward R. R
Anderson's Responses to
Plaintiff's Request for
Production of Documents
124 David Russell- Shoulder
Surgery Photograph Page
1 (Images 001-006)
125 David Russell- Shoulder
Surgery Photograph Page
2 (Images 007-012)
126 David Russell- Shoulder
Surgery Photograph Page
3 (Images 013-018)
127 David Russell- Shoulder
Surgery Photograph Page
4 (Images 019-024)
128 Model of Spine to be H, R, O
Illustrated by Dr. Swaim Pl has failed
to fully
answer
discovery
related to
Pl's prior
medical
providers,
and Pl has
not provided
exhibit
129 MRI Image: (AXL T2- AFR) H, R, O
T3-T4 Disc Protrusion — Pl has failed
Herniation vs Large Disc to fully
Bulge (5 IMA 4 without answer
Verbiage added) discovery
related to
Pl's prior
medical
providers,
and Pl has
not provided
exhibit
130 MRI Image: (AX: T2-AFR) H, R, O
T3-T4 Disc Protrusion — Pl has failed
Herniation vs Large Disc to fully
Bulge (5 IMA 4 with answer
Verbiage added) discovery
related to
Pl's prior
medical
providers,
and Pl has
not provided
exhibit
131 MRI Image (SAG T2-HAL) H, R, O
of Spine showing T3-T4 Pl has failed
Disc Protrusion- Large to fully
Disc bulge vs disc answer
Herniation based on discovery
Horizontal views AND T10-T11 related to
Disc Bulge (4 IMA 8 Pl's prior
with Verbiage added) medical
providers,
and Pl has
not provided
exhibit
132 MRI Image: (SAG T2-HAL) H, R, O
(SAG T2-HAL) of Pl has faile d
Spine showing T3-T4 Disc to fully
Protrusion- Large Disc answer
bulge vs disc Herniation discovery
based on Horizontal views related to
AND T10-T11 Disc Bulge (4 Pl's prior
IMA 8 without Verbiage medical
added) providers,
and Pl has
not provided
exhibit
133 Colored Illustration of H, R, O
Brachial Plexus to Arm Pl has failed
to fully
answer
discovery
related to
Pl's prior
medical
providers,
and Pl has
not provided
exhibit
134 Image of Cadaver showing H, R, O
Brachial Plexus Pl has failed
to fully
answer
discovery
related to
Pl's prior
medical
providers,
and Pl has
not provided
exhibit
135 Image of Cadaver showing a H, R, O
labeled view of the Brachial Pl has failed
Plexus (With Labels) to fully
answer
discovery
related to
Pl's prior
medical
providers,
and Pl has
not provided
exhibit
136 Colored Illustration of Spinal H, R, O
Cord and nerves- Titled Pl has failed
"Spinal Nerve Anatomy" to fully
answer
discovery
related to
Pl's prior
medical
providers,
and Pl has
not provided
exhibit
137 Colored Illustration of full H, R, O
body showing Nerve Pl has failed
Distribution throughout to fully
answer
discovery
related to
Pl's prior
medical
providers,
and Pl has
not provided
exhibit
138 Colored Illustration of a H, R, O
Nerve and its parts, and Pl has failed
how it passes through the to fully
Vertebra answer
discovery
related to
Pl's prior
medical
providers,
and Pl has
not provided
exhibit
139 Colored Illustration showing H, R, O
Spinal Nerves and how they Pl has failed
communicate/send signals to fully
between the spinal cord answer
and the body discovery
related to
Pl's prior
medical
providers,
and Pl has
not provided
exhibit
140 Image of Cadaver showing H, R, O
Spinal Cord Anatomy Pl has failed
(Including: Spinal Cord, to fully
Dura, Conus Medullaris and answer
Cauda Equina) (With discovery
Labels) related to
Pl's prior
medical
providers,
and Pl has
not provided
exhibit
141 Image of Cadaver showing H, R, O
Spinal Cord and articulated Pl has failed
nerves and their parts to fully
(With Labels) answer
discovery
related to
Pl's prior
medical
providers,
and Pl has
not provided
exhibit
142 Colored Illustration of H, R, O
Cross Section of Spinal Pl has failed
to fully
answer
Cord with Labeled parts discovery
and Nerves related to
Pl's prior
medical
providers,
and Pl has
not provided
exhibit
143 Colored Illustration of the H, R, O
anterior view of the "Spinal Pl has failed
Cord Blood Supply" (With to fully
Labels) answer
discovery
related to
Pl's prior
medical
providers,
and Pl has
not provided
exhibit
144 Colored Image of Model H, R, O
showing full-length of Spinal Pl has failed
Cord with Articulating to fully
Nerves (Labeled) answer
discovery
related to
Pl's prior
medical
providers,
and Pl has
not provided
exhibit
145 MRI Image of Mr. Russell H, R, O
with "Head extended Pl has failed
Backwards; The C4 to fully
Vertebra is in good answer
relationship to the C5 discovery
Vertebra, the same when related to
the head is in neutral Pl's prior
position" (With Verbiage) medical
providers,
and Pl has
not provided
exhibit
146 MRI Image of Mr. Russell H, R, O
with head flexed downward Pl has failed
to fully
answer
discovery
related to
Pl's prior
medical
providers,
and Pl has
not provided
exhibit
147 MRI Image of Mr. Russell H, R, O
with "head flexed downward Pl has failed
the C4 Vertebra displaces to fully
Forward in Relationship to answer
the C5 Vertebra discovery
(Anterolisthesis)" (With related to
Verbiage) Pl's prior
medical
providers,
and Pl has
not provided
exhibit
148 MRI Image of Mr. Russell H, R, O
with head flexed downward Pl has failed
showing the increased angle to fully
between the C4 Vertebra answer
and C5 Vertebra (With discovery
Verbiage) related to
Pl's prior
medical
providers,
and Pl has
not provided
exhibit
149 MRI Image of Mr. Russell H, R, O
with head in Neutral Pl has failed
Position to fully
answer
discovery
related to
Pl's prior
medical
providers,
and Pl has
not provided
exhibit
150 MRI Image of Mr. Russell H, R, O
with head in Neutral Pl has failed
Position showing the C4 to fully
Vertebra is not displaces in answer
relationship to the C5 discovery
Vertebra (With Verbiage) related to
Pl's prior
medical
providers,
and Pl has
not provided
exhibit
151 MRI Image of Mr. Russell H, R, O
with head in Neutral Pl has failed
Position showing the angle to fully
between the C4 Vertebra answer
and the C5 Vertebra is discovery
negligible (With Verbiage) related to
Pl's prior
medical
providers,
and Pl has
not provided
exhibit
152 MRI Image (side-by-side) H, R, O
of C5-C6 Level with Large Pl has failed
Disc Herniation into the to fully
Spinal Canal with Severe answer
Spinal Cord Compression discovery
next to C4-C5 with mild related to
disc bulge (With Verbiage) Pl's prior
medical
providers,
and Pl has
not provided
exhibit
153 MRI Image showing Large H, R, O
C5-C6 Disc Herniation into Pl has failed
the Spinal Canal (With to fully
Verbiage) answer
discovery
related to
Pl's prior
medical
providers,
and Pl has
not provided
exhibit
154 MRI Image showing Spinal H, R, O
Cord Damage Pl has failed
"Myelomalacia" (With to fully
Verbiage) answer
discovery
related to
Pl's prior
medical
providers,
and Pl has
not provided
exhibit
155 MRI Image showing C5-C6 H, R, O
Disc Herniation and Spinal Pl has failed
Cord Damage (With to fully
Verbiage) answer
discovery
related to
Pl's prior
medical
providers,
and Pl has
not provided
exhibit
156 MRI Image (RADAR Sag H, R, O
T2 FSE HR) showing Pl has failed
Persistent Post-Operative to fully
Spinal Cord Impingement answer
and Persistent signs of discovery
Spinal Cord Damage (6 related to
IMA 7 with Verbiage) Pl's prior
medical
providers,
and Pl has
not provided
exhibit
157 MRI Image (AXL T2 AF) H, R, O
showing C5-C6 Disc Pl has failed
Herniation and Spinal Cord to fully
Damage answer
(8 IMA 17 with Verbiage) discovery
related to
Pl's prior
medical
providers,
and Pl has
not provided
exhibit
158 MRI Image (AXL T2 AF) H, R, O
showing C5-C6 Disc Pl has failed
Herniation and Spinal Cord to fully
Damage answer
(9 IMA 18 with Verbiage) discovery
related to
Pl's prior
medical
providers,
and Pl has
not provided
exhibit
159 MRI Image (AXL AF) H, R, O
Showing C5-C6 Disc Pl has failed
Herniation and to fully
Compressed Spinal Cord answer
(9 IMA 18 with Verbiage) discovery
related to
Pl's prior
medical
providers,
and Pl has
not provided
exhibit
160 MRI Image (RADAR Sag H, R, O
T2 FSE HR) C Spine (6 Pl has failed
IMA 7) to fully
answer
discovery
related to
Pl's prior
medical
providers,
and Pl has
not provided
exhibit
161 MRI Image (SAG T2 HR) H, R, O
HFS Position (3 IMA 8) Pl has failed
to fully
answer
discovery
related to
Pl's prior
medical
providers,
and Pl has
not provided
exhibit
162 MRI Image (AXL T2 AF) H, R, O
HFS Position (9 IMA 18) Pl has failed
to fully
answer
discovery
related to
Pl's prior
medical
providers,
and Pl has
not provided
exhibit
163 MRI Image (AXL T2 AF) H, R, O
HFS Position (9 IMA 18 with Pl has failed
Verbiage) to fully
answer
discovery
related to
Pl's prior
medical
providers,
and Pl has
not provided
exhibit
164 MRI Image (AXL T2 AF) H, R, O
HFS Position Pl has failed
(8 IMA 17) to fully
answer
discovery
related to
Pl's prior
medical
providers,
and Pl has
not provided
exhibit
165 MRI Image (AXL T2 AF) H, R, O
HFS Position (9 IMA 18)
Pl has failed
to fully
answer
discovery
related to
Pl's prior
medical
providers,
and Pl has
not provided
exhibit
166 MRI Image (SAG T2HR) H, R, O
HFS Position (3 IMA 10) Pl has failed
to fully
answer
discovery
related to
Pl's prior
medical
providers,
and Pl has
not provided
exhibit
167 MRI Image (Scanogram H, R, O
SCA A) C Spine HFS Pl has failed
Position (3 IMA 15) to fully
answer
discovery
related to
Pl's prior
medical
providers,
and Pl has
not provided
exhibit
168 Dr. Swaim's Report H, R, O
Pl has failed
to fully
answer
discovery
related to
Pl's prior
medical
providers,
and Pl has
not provided
exhibit
169 Any and All of Defendant's
Trial Exhibits
170 BLOW-UPS and/or H, R, O
Colored Illustrations of Pl has failed
any trial exhibits marked to fully
above answer
discovery
related to
Pl's prior
medical
providers,
and Pl has
not provided
exhibit
171 Rebuttal Exhibits
400 Photographs of Plaintiff's
motorcycle (Anderson
#000024-000068)
14- Photographs of Plaintiff's
14J tent (Anderson #000002,
000004, 000006, 000008,
000010, 000013, 000014,
000017-000019, 000021)
401 Photographs of scene of
accident (Anderson
#000086-000093)
7, 8, Photographs of
9, Defendant's vehicle
10, (Anderson Depo Ex Nos.
11 7-11)
402 Office note, Larry Harris,
M.D., Johnson County
Ortho, dated 1/17/12
(VNJ1702-1704)
403 Electrodiagnostic Study
Report and Nerve
Conduction Studies, Vito J.
Carabetta, M.D., dated
1/18/12
404 Office note, Larry Harris,
M.D., Johnson County
Ortho, dated 1/23/12
(VNJ1701)
405 Office note, Larry Harris,
M.D., Johnson County
Ortho, dated 1/24/12
(VNJ1700)
406 Medical records pre-dating
accident (not yet produced)
407 MRI report right upper
extremity, KC Imaging
Center, 10/28/13
(VNJ1233-1234)
408 Office note, Gregory
Lynch, M.D., Johnson
County Ortho, 11/04/13
(VNJ0241-0243)
409 MRI report right upper
extremity, KC Imaging
Center, 2/03/14 (VNJ1242)
410 Office note, Paul Arnold,
M.D., University of Kansas,
2/18/14 (VNJ0497-0499)
411 Office note, Specialists in
Sports and Ortho Rehab,
4/11/14 (VNJ0106-0107)
412 Office note, Specialists in
Sports and Ortho Rehab,
4/16/14 (VNJ0110-0116)
413 Office note, Specialists in
Sports and Ortho Rehab,
4/28/14 (VNJ0125-0126)
414 Office note, Specialists in
Sports and Ortho Rehab,
4/30/14 (VMJ0127-0128)
415 Office note, Specialists in
Sports and Ortho Rehab,
5/02/14 (VNJ0129-0135)
416 Office note, Specialists in
Sports and Ortho Rehab,
5/09/14 (VNJ0138-0139)
417 Office note, Specialists in
Sports and Ortho Rehab,
5/12/14 (VNJ0140-0141)
418 Office note, Specialists in
Sports and Ortho Rehab,
5/27/14 (VNJ0148-0149)
419 Office note, Specialists in
Sports and Ortho Rehab,
6/02/14 (VNJ0152-0153)
420 MR arthrogram report of
right wrist, Providence
Medical Imaging, 12/23/14
(VNJ1362)
421 MR arthrogram report of
left wrist, Providence
Medical Imaging, 12/23/14
(VNJ1363)
422 Office note, Jeffrey M.
Bradley, M.D., Drisko, Fee
& Parkins, 12/30/14
(VNJ1356-1358)
423 MRI report of thoracic,
Coliseum Imaging, 4/09/15
(001710)
424 Office note, Frank
Feigenbaum, Pine Creek
Surgery, 5/12/15
(VNJ1379-1380)
425 Physical Examination,
Catalyst Health, 1/05/17
(001728)
426 Plaintiff's Answers to
Defendant's First
Interrogatories
427 Plaintiff's Answers to
Defendant's Second
Interrogatories
428 Plaintiff's Supplemental
Answers to Defendant's
Second Interrogatories
429 Plaintiff's Responses to
Defendant's First Requests
for Admissions
430 Plaintiff's Responses to
Defendant's First Requests
for Production of
Documents
431 Plaintiff's Responses to
Defendant's Second
Requests for Production of
Documents
432 Plaintiff's Supplemental
Responses to Defendant's
Second Requests for
Production of Documents,
dated June 29, 2018
433 Plaintiff's Supplemental
Responses to Defendant's
Second Requests for
Documents, dated August
14, 2018
434 Deposition of David
Russell
435 Video recording made at
accident scene
436 Video recording made at
accident scene
437 Video recording made at
accident scene
438 Video recording made at
accident scene
439 Telephone records from
Sprint Spectrum
440 Bank statement, Bank of
America, 7/18/13 to
8/16/13
441 Bank statement, Bank of
America, 8/17/13 to
9/16/13
442 Bank statement,
Commerce Bank, 7/25/13
to 8/23/13
443 Bank statement, Mainstreet
Credit Union, 7/01/13 to
9/30/13
444 All documents necessary
for impeachment or
rebuttal
OBJECTIONS
R: Relevancy
H: Hearsay
A: Authenticity
O:Other(specify)
31-326/747094
Tuett L. Swaim, M.D. Curriculum Vitae
Date of Birth May 10, 1953
Birthplace, Chillicothe. Missouri
Residence: 1,1704 Canterbury
Leawood, KS 66211
Office: 9233 Ward Parkway, Suite 365
Kansas City, MO 64114
Professional College: University of Missouri — Kansas City (1971-1,977)
Degree: B.A. Biology, M.D. (1977)
Internship: St. Luke's Hospital — Kansas City, MO (1977-1978)
Residency: Orthopedic Residency — University of Missouri,
Kansas City School of Medicine Affiliated Hospitals
(1978-1953)
Practice: Blue Springs Orthopedics
Blue Springs, MO (1983-1986)
Jackson County Orthopedics, Inc.
Blue Springs, MO (1956-1990)
Independent Medical Examiners. Inc.
Kansas City, MO (1998-present)
Board Certification: National Board of Medical Examiners
American Board of Orthopedic Surgery (19880)
American Board of Orthopedic Surgery (recertified, 1997)
American Board of Independent Medical Examiners (1995)
American Board of Independent Medical Examiners
(recertified 2003)
Medical Society .
Affiliations: Fellow of the American Academy of Orthopedic Surgeons
President of the Kansas, City Orthopedics Society (1990)
Missouri State Orthopaedic Association
fellow of the A nerican Academy of Disability Evaluating
Physicians
