in the united states district court southern …katherine bousquet, esquire suite 2 quentin a....

IN THE UNITED STATES DISTRICT COURTSOUTHERN DISTRICT OF MISSISSIPPI

NORTHERN DIVISION

CLORETTE ANCAR andLEONARD JOSEPH ANCAR, JR. PLAINTIFFS

VS. CIVIL ACTION NO. 3:11-cv-00595-DPJ-FKB

LEROY BROWN, JR. andTNE TRUCKING, INC. DEFENDANTS

PRETRIAL ORDER

1. A pretrial conference was held as follows:

Date: February 7, 2014 Time: 9:30 a.m.

Jackson Federal Courthouse at: 501 East Court Street, Jackson, Mississippi, before thefollowing judicial officer: District Judge Daniel P. Jordan, III.

2. The following counsel appeared:

a. For the Plaintiffs:Postal and Email

Name Addresses Telephone No.Don H. Evans, Esquire 500 East Capitol Street (601) 969-2006Katherine Bousquet, Esquire Suite 2Quentin A. Daniels, Esquire Jackson, Mississippi 39201

[email protected]@gmail.com

b. For the Defendants:Postal and Email

Name Addresses Telephone No.David C. Dunbar, Esquire 270 Trace Colony Parkway (601) 898-2073Benny M. May, Esquire Suite A

Ridgeland, Mississippi [email protected]@dunbarmonroe.com

3. The pleadings are amended to conform to this pretrial order.

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Case 3:11-cv-00595-DPJ-FKB Document 140 Filed 03/14/14 of 28

mailto:[email protected]




4. The following claims (including claims stated in the complaint, counterclaims, cross claims,third-party claims, etc.) have been filed:

The Complaint was filed on July 13, 2011, and was amended on May 23, 2013. No otherclaims, such as counterclaims, cross claims and/or third-party claims, have been filed.

Each Claimant is making a claim for all past, present and future damages, including, but notlimited to, the following:

a. All past, present and future medical bills with regards to Clorette Ancar and LeonardJoseph Ancar, Jr.;

b. All past, present and future pain, suffering and mental anguish with regards toClorette Ancar and Leonard Joseph Ancar, Jr.;

c. All past, present and future loss of wages with regards to Clorette Ancar only, asLeonard Joseph Ancar, Jr. is not claiming loss of wages;

d. All past, present and future permanent impairment to their bodies with regards toClorette Ancar and Leonard Joseph Ancar, Jr.;

e. All past, present and future permanent injuries to their bodies with regards to CloretteAncar and Leonard Joseph Ancar, Jr.; and

f. All past, present and future disabilities with regards to Clorette Ancar only, asLeonard Joseph Ancar, Jr. is not claiming loss of wages.

5. The basis for this courts jurisdiction: This is a civil action where the amount incontroversy exceeds the sum or value of$75,000 and is between citizens of differentstates. Complete diversity of citizenshipexists here.

6. The following jurisdictional question(s) remain(s): None.

7. The following motions remain pending: None.

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8. The parties accept the following concise summaries of the ultimate facts as claimed by:

a. Plaintiffs:

On February 14, 2011, Plaintiff, Clorette Ancar, was driving her vehicle in a westerlydirection on US Interstate Highway 20, when suddenly, Defendant, Leroy Brown, Jr., whowas driving an 18-wheeler tractor-trailer rig while acting in the course and scope of hisemployment and in furtherance of the business of Defendant, TNE Trucking, Inc., left hisproper east-bound lane of travel, crossed over the median between the east- and west-boundlanes of Interstate 20 in Warren County, near Flowers, Mississippi and proceeded head-ontowards Clorette Ancar’s vehicle in her lane of travel. Clorette Ancar jerked her vehicle tothe right so hard, in order to avoid a head-on collision, that her car went up side ways on twowheels and then slammed down hard against the pavement, causing her to then go back intothe median and into the fence. Clorette Ancar’s vehicle crashed into the median cable wiresat a high rate of speed, causing Clorette Ancar’s injuries and damages. Her husband,Plaintiff, Leonard Joseph, Jr., who was a passenger in her vehicle, was also injured as a resultof this accident.

Clorette Ancar received injuries to her left ring finger/left hand, neck and back, along with injuries to her skeletal system, muscular system and nervous system as a result of the subjectaccident. Specifically, with regards to her back, she suffered a herniated lumbar disc at theL5-S1 level with lumbar S1 nerve root compression. Clorette Ancar also suffered severepostraumatic stress disorder as a result of the accident in question. She has been treated witha transforaminal lumbar epidural steroid injection, physical therapy, a back brace, medication, a lumbar fusion surgery and psychological therapy. Clorette Ancar has alreadyincurred $162,634.94 in past medical bills and is expected to incur total lifetime futureexpenses in the amount of $192,607.54 (present value of $177,759.00). According to Dr.Alexis Waguespack, Clorette Ancar has a 10% total body impairment. Moreover, shesuffered past lost wages in the amount of $10,380.00-15,000.00, and Dr. Gerald Lee’scalculations for Clorette Ancar’s net present value of income are as follows:

A. Assuming 32.2% vocational disability = $215,362.00.

B. Assuming 100% vocational disability = $635,379.00.

Leonard Joseph Ancar, Jr., received injuries to his ribs, lower stomach and back, along with injuries to his skeletal system, muscular system and nervous system as a result of the subjectaccident. He has been treated with pain medication and hydrocollator heat therapy. LeonardJoseph Ancar, Jr. has already incurred $2,095.00 in past medical bills.

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b. Defendants:

On February 14, 2011, Leroy Brown was traveling eastbound on Interstate 20 near Flowers,Warren County, Mississippi. Mr. Brown was driving his own tractor-trailer under the federaloperating authority of TNE Trucking, Inc. He veered off of the highway and into the median, verybriefly entered the westbound lanes of travel, and then came to rest after striking a "cable rail" barrierinstalled in the median. At this same time, Plaintiff Clorette Ancar was traveling westbound on I-20in the same area. Mrs. Ancar was driving a 2004 Ford Expedition, and her husband, Plaintiff LeonardAncar, was a passenger in her vehicle. Mrs. Ancar lost control of her vehicle and drove into themedian, striking the cable rail. Immediately following the accident, Mr. Ancar pulled a piece ofplastic off of the Plaintiffs' vehicle that was rubbing against a tire, and they continued on their trip.Neither plaintiff sought any medical treatment until they returned home to New Orleans two weeksafter the accident.

Mrs. Ancar initially visited Dr. Dwight McKenna in New Orleans two weeks after theaccident, complaining of lower back pain. She was diagnosed with an acute lumbosacral strain andwas prescribed pain medication and hydrocollator heat therapy. After 7 therapy sessions, she wasdischarged with no expected disability or permanent injury on May 24, 2011, just over three monthsafter the accident. Her total medical expenses with Dr. McKenna were $925.00. Mrs. Ancar begantreating with Dr. Gail Wilson, a psychologist, around March 2011. Dr. Wilson diagnosed Mrs. Ancarwith Post-Traumatic Stress Disorder ("PTSD"). Dr. Wilson opined that Mrs. Ancar would needadditional therapy through the end of 2013. However, since the summer of 2012, Dr. Wilson hasonly seen Mrs. Ancar on a couple of occasions. Dr. Mark Webb will testify that, while Mrs. Ancardiagnostically fulfilled the criteria for a diagnosis of PTSD, she is now in full remission and has beenfor quite some time. Dr. Webb will also testify that Mrs. Ancar has no impairment rating for herPTSD.

Mrs. Ancar went to see Dr. Alexis Waguespack, a neurosurgeon, for the first time on April2, 2012, approximately 14 months after the accident and 11 months after her discharge by Dr.McKenna. Her primary complaints were low back pain and bilateral lower extremity pain. An MRIof the lumbar spine indicated a disc herniation at L5-S1, facet disease, possible syrinx in the lowerspinal cord and sterile friction-related fluid in the posterior midline soft tissues. A selective nerveroot block was recommended and undertaken. Dr. Waguespack prescribed physical therapy and aseries of epidural steroid injections for pain. Ancar completed only two sessions of therapy andunderwent only one injection. Dr. Waguespack then recommended surgery "because conservativetreatment had failed." On October 3, 2012, Dr. Waguespack performed an anterior lumbar interbodyfusion, a posterior lateral fusion at L5-S1, a posterior lateral segmental instrumentation at L5-S1, ananterior interbody device at L5-S1 and a posterior decompression and facetectomy at L5 and S1.Waguespack opines that Clorette Ancar's injuries are permanent and irreversible, and she assigns a10% - 15% impairment to the body as a whole.

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Dr. Howard Katz performed an independent medical evaluation upon Mrs. Ancar. Dr. Katzopines that Mrs. Ancar suffered a lumbar strain as a result of the 2/14/11 accident. However, he alsoopines that she reached MMI for this minor injury on 5/24/11. He goes on to find that the surgeryperformed by Dr. Waguespack is not related to the accident. Katz concludes that Clorette Ancar hassuffered no permanent physical impairment as a result of the accident. He says she has no physicallimitations. Dr. John Davis will testify that none of the treatment to Mrs. Ancar’s low back iscausally related to the subject accident. Dr. Davis states that Mrs. Ancar did not have a herniateddisc, but that even if she did, the majority of herniated discs are not trauma related. In the opinionof Dr. Davis, Mrs. Ancar suffered a minor lumbar strain from the accident, and that conditionresolved fully through treatment with Dr. McKenna. According to Dr. Davis, the surgery performedby Dr. Waguespack was ill-advised. Dr. Davis is also critical of the inadequate conservativetreatment that Mrs. Ancar underwent prior to surgery. Dr. Davis will also testify that there is noperceivable need for any additional surgery for Mrs. Ancar.

Leonard Ancar initially visited Dr. McKenna three days after his wife did, also complainingof lower back pain. He was diagnosed with an acute lumbosacral strain and was also prescribed painmedication and hydrocollator heat therapy. After several therapy sessions, he was discharged withno expected disability or permanent injury on July 6, 2011, just under five months after the accident.His total medical bills are $2,095.

Neither plaintiff has produced any credible, admissible evidence fo any past, present or futurewage loss.

This accident was the result of simple negligence. The Court has already dismissed thePlaintiffs’ claim for punitive damages against TNE Trucking, Inc. There is absolutely no evidencewhich could possibly warrant a finding of gross negligence on the part of Brown or support an awardof punitive damages against Mr. Brown. Likewise, there is no basis for an award of attorney feesagainst Mr. Brown. Brown has a personal net worth of less than $25,000.

9. a. The following facts are established by the pleadings, by stipulation, or byadmission:

1. The accident in question occurred on February 14, 2011, on InterstateHighway 20 near Flowers, Mississippi.

2. At the time of the subject accident, Leroy Brown, Jr., was acting asan independent owner/operator, driving his truck under the federaloperating authority of TNE Trucking, Inc.

3. Leroy Brown, Jr. was, for purposes of the Federal Motor SafetyRegulations, an agent of TNE Trucking, Inc. at the time of theaccident in question.

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4. At the time of the accident in question, Leroy Brown, Jr. was anowner/operator leased to TNE Trucking, Inc. under a valid lease.

5. At the time of the accident in question, Leroy Brown, Jr. wasoperating under TNE Trucking, Inc.’s authority, and TNE Trucking,Inc. is vicariously liable for any negligence Leroy Brown, Jr. mayhave committed that resulted in the accident in question.

6. Just prior to the accident in question, Leroy Brown, Jr. was travelingin an easterly direction on I-20, and Clorette Ancar was traveling ina westerly direction on I-20.

7. Brown veered from the eastbound lanes of I-20 into the median andbriefly, into the westbound lanes of travel.

8. Brown’s actions caused Plaintiffs to leave their lane of travel andcome into contact with the cable railing in the median of theinterstate.

9. Defendants have paid to Plaintiffs’ the sum of $9,662.00, the fullclaimed value of Plaintiffs’ vehicle, as compensation for theirproperty damage claim.

b. The contested issues of fact are as follows:

1. How the accident occurred?

2. Whether Leroy Brown, Jr., at the time of the accident in question, fellasleep while driving? (Defendants contest the notion that this is anissue of material fact.)

3. Why Leroy Brown, Jr. left his proper east-bound lane of travel,crossed over the median between the east- and west-bound lanes ofInterstate 20 in Warren County, Mississippi and proceeded head-ontowards Clorette Ancar’s vehicle in her lane of travel? (Defendantscontest the notion that this is an issue of material fact.)

4. Whether Leroy Brown, Jr. failed to keep and maintain a properlookout? (Defendants contest the notion that this is an issue ofmaterial fact.)

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5. Whether Leroy Brown, Jr. failed to keep and maintain his vehicleunder free and reasonable control and failed to keep and maintain aproper lookout? (Defendants contest the notion that this is anissue of material fact.)

6. Whether Leroy Brown, Jr. could have reasonably avoided the accidentin question by maintaining a proper lookout and by using reasonablecare? (Defendants contest the notion that this is an issue ofmaterial fact.)

7. Whether Leroy Brown, Jr. had wrecked in the same manner, byfalling asleep, in a 2008 accident that he was involved in? (Defendants contest the notion that this is an issue of materialfact. See Defendants’ motion in limine.)

8. What injuries Clorette Ancar has suffered as a result of this accident,and what future medical treatment she will need to undergo for anyof these injuries, if any?

9. Whether the injuries at issue were the result of the accident, orwhether the accident aggravated a part of Clorette Ancar’s body to theextent that she needed to get treatment or will need treatment in thefuture?

10. What scars and/or other permanent injuries Clorette Ancar has nowor may have in the future?

11. What future medical treatment Clorette Ancar will need to undergo,if any, and the cost of the same?

12. What past medical treatment Clorette Ancar has undergone and thecost of the same?

13. Whether Clorette Ancar will have any permanent impairment due tothe injuries she received in this accident?

14. What Clorette Ancar’s impairment rating is?

15. What is the extent or degree of pain, suffering and mental anguishthat Clorette Ancar has suffered or will suffer in the future?

16. What psychological and mental problems Clorette Ancar has sufferedor will suffer in the future?

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17. What activities Clorette Ancar cannot do now that she could do priorto this accident?

18. The degree of anxiety, depression and mental anguish Clorette Ancarhas suffered or will suffer in the future?

19. What is the level of work Clorette Ancar might be able to do in thefuture?

20. What is the total amount of Clorette Ancar’s past lost wages?

21. What is the total amount of Clorette Ancar’s future lost wages?

23. What injuries Leonard Joseph Ancar, Jr. has suffered as a result ofthis accident and what future medical treatment he will need toundergo for any of these injuries, if any?

24. Whether the injuries at issue were the result of the accident orwhether the accident aggravated a part of Leonard Joseph Ancar, Jr.’sbody to the extent that he needed to get treatment or will needtreatment in the future?

25. What scars and/or other permanent injuries Leonard Joseph Ancar, Jr.has now or may have in the future?

26. What future medical treatment Leonard Joseph Ancar, Jr. will needto undergo and the cost of the same?

27. What past medical treatment Leonard Joseph Ancar, Jr. hasundergone and the cost of the same?

28. Whether Leonard Joseph Ancar, Jr. will have any permanentimpairment due to the injuries he received in this accident?

29. What is the extent or degree of pain, suffering and mental anguishthat Leonard Joseph Ancar, Jr. has suffered or will suffer in thefuture?

30. What psychological and mental problems Leonard Joseph Ancar, Jr.has suffered or will suffer in the future?

31. What activities Leonard Joseph Ancar, Jr. cannot do now that hecould do prior to this accident?

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32. The degree of anxiety, depression and mental anguish Leonard JosephAncar, Jr. has suffered or will suffer in the future?

33. Each and every contested issue of law to the extent that such issuesinvolve mixed quiestions of law and fact.

34. All issues of fact raised in any motions pending before this Court.

35. On January 30, 2008, Leroy Brown, Jr. ran off the road and rolled hisvehicle over. The investigating officer, who wrote up the report forthat accident, stated that driving fatigue was the cause of the accident. Leroy Brown, Jr. cannot recall whether or not he fell asleep. (Defendants contest the notion that this is an issue of materialfact. See Defendants’ motion in limine.)

36. On October 12, 2009, Leroy Brown, Jr. received a ticket from theMaryland Motor Carrier Safety Program for not having his log bookcurrent. (Defendants contest the notion that this is an issue ofmaterial fact. See Defendants’ motion in limine.)

37. On December 9, 2009, Leroy Brown, Jr. received a ticket from theArizona Department of Public Safety for falsifying his log book onDecember 8, 2009. (Defendants contest the notion that this is anissue of material fact. See Defendants’ motion in limine.)

38. On January 26, 2010, Leroy Brown, Jr. received a ticket from theAlabama Department of Public Safety. (Defendants contest thenotion that this is an issue of material fact. See Defendants’motion in limine.)

39. Whether Clorette Ancar’s back surgery and related treatment wasreasonable, necessary and/or related to the subject accident.

40. The extent of Clorette Ancar’s post-traumatic stress disorder.

41. Mrs. Ancar initially sought medical treatment from Dr. DwightMcKenna in New Orleans.

42. Mrs. Ancar was diagnosed by Dr. McKenna with an acutelumbosacral strain and was prescribed pain medication andhydrocollator heat therapy.

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43. On May 24, 2011, just over 3 months after the accident, and after 7therapy sessions, Dr. McKenna discharged Mrs. Ancar with noexpected disability or permanent injury.

44. Mrs. Ancar sought treatment from Dr. Alexis Waguespack, aneurosurgeon, for the first time on April 2, 2012, approximately 14months after the accident and 11 months after her discharge by Dr.McKenna.

45. Mrs. Ancar sought no treatment for any alleged physical injury whichshe attributes to the subject accident between the completion of hertreatment with Dr. McKenna and the time that she sought treatmentfrom Dr. Waguespack.

47. Dr. Waguespack initially prescribed physical therapy and a series of epidural steroid injections.

48. Mrs. Ancar only attended two physical therapy sessions prior toundergoing back surgery by Dr. Waguespack.

49. Mrs. Ancar only underwent one epidural steroid injection prior toundergoing back surgery by Dr. Waguespack.

50. Mr. Ancar initially sought medical treatment from Dr. DwightMcKenna in New Orleans.

51. Mr. Ancar was diagnosed by Dr. McKenna with an acute lumbosacralstrain and was prescribed pain medication and hydrocollator heattherapy.

52. On July 6, 2011, just over 4 months after the accident, after severalphysical therapy sessions, Dr. McKenna discharged Mr. Ancar withno expected disability or permanent injury.

53. Mr. Ancar has sought no medical treatment for any injury alleged tobe related to the subject accident since his discharge by Dr. McKennaon July 6, 2011.

54. Prior to embarking on his trip at 8:45 a.m. on February 14, 2011, thedate of the accident, Leroy Brown had been off duty since 12:15 p.m.on February 11, 2011.

55. Mr. Brown has a personal net worth of less than $25,000.

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c. The contested issues of law are as follows:

1. Whether Leroy Brown, Jr. was negligent in falling asleep whiledriving.

2. Whether any negligence of Leroy Brown, Jr. caused or proximatelycontributed to the alleged injuries claimed by the Plaintiffs?

3. Whether any negligence of Clorette Ancar caused or proximatelycontributed to the cause of the alleged injuries claimed by thePlaintiffs?

4. Each and every contested issue of fact to the extent that such issuesinvolved mixed questions of law and fact.

5. All issues of law raised in any motions pending before this Court.

6. Whether Clorette Ancar is entitled to any award of past, present orfuture lost wages.

7. Whether Clorette Ancar is entitled to any award of future medicalexpenses.

8. Whether the Plaintiffs’ are entitled to an award of punitive damagesagainst Leroy Brown.

9. Whether the Plaintiffs’ are entitled to an award of attorney feesagainst Leroy Brown.

10. Whether the objection, by Defendants, to Dr. Michael Molleston’spreviously noticed for use as video evidentiary deposition should besustained or overruled; in the alternative, whether Dr. MichaelMolleston would be considered “unavailable” to testify live at trialunder Fed. R. Civ. P. 32. **This may be the subject of a Motion inasmuch as the issue did notcome up until after the Motions deadline had expired pursuant to theCase Management Order.

10. The following is a list and brief description of all exhibits (except exhibits to be usedfor impeachment purposes only) to be offered in evidence by the parties. Eachexhibit has been marked for identification and examined by counsel.

a. To be offered by the Plaintiffs:

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Exhibit No. Description

P-1(1-2) 3 Photographs of alleged accident scene that were produced by theDefendants;

P-2(1-4) State of Mississippi Uniform Crash Report by Officer Craig Morton;

P-3(1-4) State of Mississippi Uniform Crash Report by Officer Daniel Lewis;

P-4 Bill from Firestone Complete Auto Care in Liberty, MO for repair work tothe 2004 Ford Expedition, dated February 24, 2011;

P-5 Medical Specials Sheet for Clorette Ancar;

P-6(1-20) Medical Specials Sheet for Clorette Ancar itemizing each medical bill witheach medical bill attached thereto (redacted):

P-6(1) Plaintiff, Clorette Ancar’s, Medical Specials Sheet;

P-6(2) Plaintiff, Clorette Ancar’s, medical bill from Dwight L. McKenna,M.D. (February 28, 2011; March 15, 2011; March 24, 2011; March28, 2011; April 5, 2011; April 13, 2011; April 26, 2011; May 3, 2011;and May 24, 2011);

P-6(3-4) Plaintiff, Clorette Ancar’s, medical bills from Gail C. Wilson, Ph.D.(March 30, 2011; June 30, 2011; September 30, 2011; October 19,2011; November 9, 2011; January 5, 2012; April 3, 2012; May 16,2012; and June 6, 2012);

P-6(5) Plaintiff, Clorette Ancar’s, medical bill from Audubon Orthopedicsand Sports Medicine (April 7, 2011);

P-6(6-8) Plaintiff, Clorette Ancar’s, medical bills from Spinecare MedicalGroup (April 2, 2012; April 16, 2012; July 19, 2012; August 20,2012; September 21, 2012; October 3, 2012; October 15, 2012;October 17, 2012; and October 22, 2012);

P-6(9) Plaintiff, Clorette Ancar’s, medical bill from Open Imaging of theSouth (April 5, 2012);

P-6(10) Plaintiff, Clorette Ancar’s, medical bill from Advanced Rehabilitationof Metairie (April 30, 2012 and May 7, 2012);

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P-6(11) Plaintiff, Clorette Ancar’s, medical bill from Southern Pain andAnesthesia (May 23, 2012);

P-6(12) Plaintiff, Clorette Ancar’s, medical bill from Jefferson AmbulatorySurgery Center (May 23, 2012);

P-6(13) Plaintiff, Clorette Ancar’s, medical bill from Medical Clinic ofMississippi (Dinesh Goel, M.D.P.A.) (July 5, 2012);

P-6(14-19) Plaintiff, Clorette Ancar’s, medical bills from St. Charles SurgicalHospital (October 3, 2012 through October 6, 2012); and

P-6(20) Plaintiff, Clorette Ancar’s, medical bill from Omni Home Care-SouthShore (October 7, 2012 through October 25, 2012).

P-7(a-k) Plaintiff, Clorette Ancar’s, medical records (redacted):

P-7(a) Plaintiff, Clorette Ancar’s, Patient Care Report from Vicksburg FireDepartment Ambulance (February 14, 2011);

P-7(b)(1-7) Plaintiff, Clorette Ancar’s, medical records from Dwight L.McKenna, M.D. (February 28, 2011; March 15, 2011; March 24,2011; March 28, 2011; April 5, 2011; April 13, 2011; April 26, 2011;May 3, 2011; and May 24, 2011);

P-7(c)(1-19) Plaintiff, Clorette Ancar’s, medical records from from Gail C.Wilson, Ph.D. (March 30, 2011; June 30, 2011; September 26, 2011;October 19, 2011; November 9, 2011; January 5, 2012; April 3, 2012;May 16, 2012; June 6, 2012; and January 14, 2013);

P-7(d) Plaintiff, Clorette Ancar’s, medical record from AudubonOrthopedics and Sports Medicine (April 7, 2011);

P-7(e)(1-66) Plaintiff, Clorette Ancar’s, medical records from Spinecare MedicalGroup (April 2, 2012; April 16, 2012; July 19, 2012; August 20,2012; September 21, 2012; October 3, 2012 (Operative Report);October 11, 2012; October 15, 2012; October 17, 2012; October 22,2012; and November 21, 2012, as well as her April 5, 2012 MRI ofthe lumbar spine; her Operative Report for her transforaminal lumbarepidural steroid injection from May 23, 2012; and additionalnotes/documents/reports/Questionnaires from various dates);

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P-7(f)(1-2) Plaintiff, Clorette Ancar’s, medical records from Proscan Imaging(April 5, 2012);

P-7(g)(1-15) Plaintiff, Clorette Ancar’s, medical records from AdvancedRehabilitation of Metairie (April 30, 2012 and May 7, 2012);

P-7(h)(1-6) Plaintiff, Clorette Ancar’s, medical records from JeffersonAmbulatory Surgery Center (Paul Hubbell, M.D.) (May 23, 2012);

P-7(i)(1-2) Plaintiff, Clorette Ancar’s, medical records from Medical Clinic ofMississippi (Dinesh Goel, M.D.P.A.) (July 5, 2012);

P-7(j)(1-98) Plaintiff, Clorette Ancar’s, medical records from St. Charles SurgicalHospital (October 3, 2012 through October 6, 2012); and

P-7(k)(1-28) Plaintiff, Clorette Ancar’s, medical records from Omni Home Care-South Shore (October 7, 2012 through October 25, 2012).

P-8(1-2) Gail C. Wilson, Ph. D.’s Expert Letter, dated June 27, 2012;

P-9(1-2) Gail C. Wilson, Ph. D.’s Updated Expert Letter, dated February 18, 2013;

P-10(1-9) Curriculum Vitae of Gail Cannon Wilson, Ph.D.;

P-11(1-2) Alexis Waguespack, M.D.’s Expert Letter, dated June 25, 2012;

P-12 Alexis Waguespack, M.D.’s Updated Expert Letter, dated March 3, 2013;

P-13 (1-5) Curriculum Vitae of Alexis M. Waguespack, M.D.;

P-14 Dinesh K. Goel, M.D.’s medical report, dated July 5, 2012;

P-15 Curriculum Vitae of Dinesh K. Goel, M.D.;

P-16(1-2) Michael C. Molleston, M.D.’s Expert Letter, dated December 17, 2012;

P-17(1-3) Curriculum Vitae of Michael C. Molleston, M.D.;

P-18(1-5) Nathaniel Fentress’ December 17, 2012 Preliminary Life Care Plan and Preliminary Vocational Rehabilitation Evaluation report for Clorette Ancar;

P-19(1-19) Nathaniel Fentress’ April 15, 2013 Revised Life Care Plan report for Clorette Ancar;

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P-20(1-6) Curriculum Vitae of Nathaniel Fentress, MS, CRC, CCM;

P-21(1-21) Expert Trial Testimony and Depositions by Nathaniel Fentress, MS, CRC, CCM;

P-22 Fee Schedule for Nathaniel Fentress, MS, CRC, CCM;

P-23 Clorette Brumfield Ancar’s Loss of Wages Report;

P-24(1-6) Clorette Brumfield Ancar’s Income Tax Returns for 2010, 2011 and 2012;

P-25(1-6) Gerald Lee, Ph.D.’s preliminary appraisal of the present value of the estimated lost income stream and life care plan for Clorette Brumfield Ancar;

P-26(1-6) Resume of Gerald D. Lee, Ph.D.; Trials & Depositions of Gerald D. Lee, Ph.D.; and Fee Schedule of Gerald D. Lee, Ph.D.;

P-27 Plaintiff, Leonard Joseph Ancar, Jr.’s, Medical Specials Sheet;

P-28(1-3) Plaintiff, Leonard Joseph Ancar, Jr.’s, Medical Specials Sheet itemizing eachmedical bill with each medical bill attached thereto (redacted version):

P-28(1) Plaintiff, Leonard Joseph Ancar, Jr.’s, Medical Specials Sheet; and

P-28(2-3) Plaintiff, Leonard Joseph Ancar, Jr.’s, medical bill from Dwight L.McKenna, M.D. (March 3, 2011; March 9, 2011; March 15, 2011;March 24, 2011; March 29, 2011; March 30, 2011; April 5, 2011;April 7, 2011; April 12, 2011; April 19, 2011; April 21, 2011; April26, 2011; April 28, 2011; May 3, 2011; May 10, 2011; May 12, 2011;May 24, 2011; June 2, 2011; June 9, 2011; June 16, 2011; June 30,2011; and July 6, 2011).

P-29(a-b) Plaintiff, Leonard Joseph Ancar, Jr.’s, medical records (redacted):

P-29(a) Plaintiff, Leonard Joseph Ancar, Jr.’s, Patient Care Report fromVicksburg Fire Department Ambulance (February 14, 2011); and

P-29(b)(1-10) Plaintiff, Leonard Joseph Ancar, Jr.’s, medical records from DwightL. McKenna, M.D. (March 3, 2011; March 9, 2011; March 15, 2011;March 24, 2011; March 29, 2011; March 30, 2011; April 5, 2011;April 7, 2011; April 12, 2011; April 19, 2011; April 21, 2011; April26, 2011; April 28, 2011; May 3, 2011; May 10, 2011; May 12, 2011;

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May 24, 2011; June 2, 2011; June 9, 2011; June 16, 2011; June 30,2011; and July 6, 2011).

P-30(1-6) Documents regarding Clorette Ancar’s March 4, 2008 motor vehicleaccident;

P-31(1-8) Eight (8) photographs regarding Clorette Ancar’s March 4, 2008 motorvehicle accident;

P-32 Any and all Exhibits that the Defendants have produced to the Plaintiffs;

P-33 Any and all Exhibits used during any depositions taken in this matter, withthe exception of those that the Plaintiffs are trying to redact and/or exclude,which are all mentioned in the Plaintiffs’ Motions in Limine; and

P-34 Property damage check from Gateway Insurance Company to the Plaintiffsin the amount of $9,662.00.

The authenticity and admissibility in evidence of the preceding exhibits arestipulated. If the authenticity or admissibility of any of the preceding exhibits isobjected to, the exhibit must be identified below, together with a statement of thespecified evidentiary ground(s) for the objection(s):

Defendants’ Objections to Plaintiffs’ Exhibits:

P-2 Hearsay.

P-3 Hearsay.

P-4 Hearsay; Relevance.

P-5 Hearsay; Cumulative.

P-6 Hearsay; Cumulative (both as to “Medical Specials Sheet” only).

P-8 Hearsay.

P-9 Hearsay.

P-10 Hearsay.

P-11 Hearsay.

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P-12 Hearsay.

P-13 Hearsay.

P-14 Hearsay.

P-15 Hearsay.

P-16 Hearsay.

P-17 Hearsay.

P-18 Hearsay; Portions ruled inadmissible in ruling on Defendants’ motion to exclude [129].

P-19 Hearsay; Portions ruled inadmissible in ruling on Defendants’ motion to exclude [129].

P-20 Hearsay.

P-21 Hearsay.

P-22 Hearsay.

P-23 Hearsay; Lack of foundation.

P-24 Hearsay.

P-25 Portions ruled inadmissible in ruling on Defendants’ motion to exclude [129]

P-26 Hearsay.

P-27 Hearsay; Cumulative.

P-28 Hearsay; Cumulative (both as to “Medical Specials Sheet” only).

P-30 Hearsay; Relevance.

P-31 Relevance; Lack of Foundation.

P-32 Objection to this designation. Lacks specificity. Specific objectionsimpossible.

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P-33 Objection to this designation. Lacks specificity. Specific objectionsimpossible. This is not an appropriate designation as an exhibit.

P-34 Fed. R. Evid. 411 (Defendants will stipulate that they compensated Plaintiffsfor their property damage claim in the amount of $9,662.00).

b. To be offered by the Defendants:

Exhibit No. Description

D-1 Plaintiff Clorette Ancar’s Medical Records from Oschner Clinic Foundation,marked as Clorette Ancar 19 - 52

D-2 Plaintiff Clorette Ancar’s Records from CVS Pharmacy, marked as CloretteAncar 482 - 492

D-3 Plaintiff’s Clorette Ancar’s initial interrogatory responses

D-4 Dr. Gail Wilson’s Patient Payment History for Clorette Ancar and refundcheck, marked as Clorette Ancar 81 and 93

D-5 Advanced Rehabilitation of Metairie's records for Clorette Ancar (CloretteAncar 114 - 137)

D-6 Waguespack records for Clorette Ancar (Clorette Ancar 158-228 and254-281)

D-7 Driver logs marked as TNE 20, 24 and 22 (Only to be admitted when/ifpunitive damages addressed)

D-8 Medical Examination Report, dated TNE 48-50 (Only to be admitted when/ifpunitive damages addressed)

The authenticity and admissibility in evidence of the preceding exhibits arestipulated. If the authenticity or admissibility of any of the preceding exhibits isobjected to, the exhibit must be identified below, together with a statement of thespecified evidentiary ground(s) for the objection(s):

Plaintiffs’ Objections to Defendants’ Exhibits:

D-7 Hearsay.Lack of proper foundation.Not properly authenticated.

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Not best evidence.Not legible.

D-8 Hearsay.Lack of proper foundation.Not properly authenticated.Not best evidence.Not legible.

11. The following is a list and brief description of charts, graphs, models, schematicdiagrams, and similar objects which will be used in opening statements or closingarguments, but which will not be offered in evidence:

By the Plaintiffs:

a. Blown up drawings and/or sketches of the accident scene by Plaintiffs’counsel;

b. Blown up photographs of the accident scene taken by the Plaintiffs, taken bythe Defendants and/or taken by anyone on behalf of the Plaintiffs or theDefendants in this case; and

c. The Plaintiffs may use enlargements, summaries and/or compilations of anyexhibit accepted by the Court during the trial of this matter.

d. Plaintiffs may present enlargements of all or part of any documents admittedinto evidence. Plaintiffs may also use charts, graphs, tapes or similardemonstrative aids to establish a chronology of events. Plaintiffs may utilizeany technology available in the courtroom in which this matter will be heardand may also use multimedia presentations during opening and/or closingarguments.

Objections, if any, to use of the preceding objects are as follows:

Defendants object to the use of any charts, graphs, models, schematic diagrams, andsimilar objects which have not been previously identified by the Plaintiffs as exhibitsabove. To the extent that Plaintiffs intent to use blown up versions of any of theirexhibits identified above, Defendants’ objections above are adopted and incorporatedherein.

19


By the Defendants:

Defendants may present enlargements of all or part of any documents admitted intoevidence. Defendants may also use charts, graphs, tapes or similar demonstrative aidsto establish a chronology of events. Defendants may utilize any technology availablein the courtroom in which this matter will be heard and may also use multimediapresentations during opening and/or closing arguments.

Objections, if any, to use of the preceding objects are as follows:

Plaintiffs object to the use of any charts, graphs, models, schematic diagrams, andsimilar objects which have not been previously identified by the Defendants asexhibits above. To the extent that Defendants’ intent to use blown up versions of anyof their exhibits identified above, Plaintiffs’ objections above are adopted andincorporated herein.

12. The following is a list of witnesses Plaintiffs anticipate calling at trial (excludingwitnesses to be used solely for rebuttal or impeachment). All listed witnesses mustbe present to testify when called by a party unless specific arrangements have beenmade with the trial judge before commencement of trial. The listing of a WILLCALL witness constitutes a professional representation, upon which opposingcounsel may rely, that the witness will be present at trial, absent reasonable writtennotice to counsel to the contrary.

[F]act/[E]xpert

Will/ [L]iability/ Address&Name May Call [D]amages Telephone Number

1. Clorette Ancar May Call [F][L][D] 36 Ramon ViaLive Harvey, Louisiana 70058

(504) 231-2021

2. Leonard Joseph May Call [F][L][D] 36 Ramon ViaAncar, Jr. Live Harvey, Louisiana 70058

(504) 669-2515

3. Leroy Brown, Jr. May Call [F][L][D] 303 IllinoisLive or by Harker Heights, Texas 76548Deposition(Adverse)

20


4. Trooper Craig May Call [F][L][D] Mississippi Highway PatrolMorton Live or by Troop C

Deposition 1900 Woodrow WilsonJackson, Mississippi 39205(601) 987-1530

5. Trooper Daniel May Call [F][L][D] Mississippi Highway PatrolLewis Live or by Troop C


6. Andrew James May Call [F][L][D] 1202 Chestnut St.Live or by Vicksburg, Mississippi 39180Deposition (601) 573-9786

7. John Klipsch May Call [F][L][D] 19235 Hector StreetLive or by Mandeville, Louisiana 70471Deposition

8. Phil Ancar May Call [F][L][D] 500 College Hill DriveLive Liberty, Missouri 61984

9. Judy Chaupette May Call [F][L][D]

Live

10. Lacee Ancar May Call [F][L][D] 36 Relmicia Live Harvey, Louisiana

11. Vallery Brumfield May Call [F][L][D] 2322 Pleasure Street

Live New Orleans, Louisiana

12. Toneicia Reeves May Call [F][L][D]Live

13. Sarah Villani May Call [F][L][D] Dr. Ronald Curran, DDSLive 5036 Yale Street, Suite 302

Metairie, Louisiana 70006(504) 455-2213

14. Dwight L. McKenna, May Call [F][E][L][D] 1827 Gentilly Blvd.M.D. Live or by New Orleans, Louisiana 70119

Deposition (504) 943-1923

21


15. Keith Larkin, M.D. May Call [F][E][L][D] Audubon Orthopedics andLive Sports Medicine

2820 Napoleon AvenueSuite 620

New Orleans, Louisiana 70115(504) 455-0093

16. Gail Wilson, Ph.D. May Call [F][E][L][D] 1419 Amelia StreetM.D. Live or by New Orleans, Louisiana 70115

Depositions (504) 894-9980

17. Alexis M. May Call [F][E][L][D] Spinecare Medical GroupWaguespack, M.D. Live or by 2701 Lake Villa Dr., Suite A

Depositions Metairie, Louisiana 70002(504) 887-7207

18. Bernard A. Landry May Call [F][E][L][D] ProScan ImagingM.D.,F.A.C.R. Live 4809 Wichers Drive

Marrero, Louisiana 70072(504) 227-2282

19. Daniel J. Burst, PA-C May Call [F][E][L][D] Spinecare Medical Group Live 2701 Lake Villa Dr., Suite A

Metairie, Louisiana 70002 (504) 887-7207

20. Paul Hubbell, M.D. May Call [F][E][L][D] Southern Pain andLive Neurological Consultants, LLC

2701 Lake Villa Drive Suite AMetairie, Louisiana 70002(504) 887-7207

21. Michael C. May Call [F][E][L][D] Jackson Neurosurgery ClinicMolleston, M.D. Live or by 971 Lakeland Drive

Deposition Suite 1250Jackson, Mississippi 39216(601) 366-1011

22


22. Vaidehi Boinapally, May Call [F][E][L][D] Ochsner Medical Clinic M.D. Live 2005 Veterans Memorial

BoulevardMetairie, Louisiana 70002(504) 836-9820

23. Taylor McCaffery, May Call [F][E][L][D] Omni Home Care-South Shore P.T. Live 36 Commerce Court

Harahan, Louisiana 70123(504) 733-7749

24. Dinesh K. Goel, May Call [F][E][L][D] Medical Clinic of MississippiM.D. Live or by 6050 I-55 North Frontage

Deposition RoadJackson, Mississippi 39211(601) 957-5150

25. Nathaniel Fentress May Call [F][E][L][D] 1151 North State StreetMS, CRC, CCM Live or by Suite 511

Deposition Jackson, Mississippi 39202(601) 355-7550

26. Howard Katz, M.D. May Call [F][E][L][D] Gulf States Physical Medicine Live & Rehabilitation(Adverse) 1151 North State Street

Jackson, Mississippi 39202(601) 968-0894

27. Dr. Gerald Lee May Call [F][E][L][D] Mississippi College Live Post Office Box 4014

Clinton, Mississippi 39058(601) 925-3220

28. Cherelyn Gillard May Call [F][[D] Dwight L. McKenna, M.D.’s or any other Live Officeauthorized Custodian 1827 Gentilly Boulevardof Records New Orleans, Louisiana

70119(504) 943-1923

23


29. Jennifer May Call [F][[D] Gail Wilson’s Office or any other Live 1419 Amelia Streetauthorized Custodian New Orleans, Louisiana 70115of Records (504) 894-9980

30. Heather Zanco May Call [F][[D] Audubon Orthopedics &or any other Live Sports Medicineauthorized Custodian 3939 Houma Boulevardof Records Suite 18

Metairie, Louisiana 70006(504) 455-0093

31. Holli Delaune May Call [F][[D] Spinecare Medical Group or any other Live 2701 Lake Villa Dr., Suite Aauthorized Custodian Metairie, Louisiana 70002of Records (504) 887-7207

32. Olita Evans May Call [F][[D] ProScan Imaging or any other Live 4809 Wichers Driveauthorized Custodian Marrero, Louisiana 70072of Records (504) 227-2282

33. Kathleen Boissaeu May Call [F][[D] Advanced Rehab of Metairie or any other Live 4621 West Napoleon Avenueauthorized Custodian Suite 101of Records Metairie, Louisiana 70001

(504) 889-1193

34. Bridget Bush May Call [F][[D] Southern Pain and or any other Live Neurological Consultants,authorized Custodian LLC of Records 2701 Lake Villa Drive

Suite AMetairie, Louisiana 70002(504) 887-7207

35. Tracey Morgan May Call [F][[D] Jefferson Ambulatory Surgery or any other Live Center

authorized Custodian 2701 Lake Villa Drive, Suite Bof Records Metairie, Louisiana 70002

(504) 274-3100

24


36. Tara Roberts May Call [F][[D] St. Charles Surgical Hospital or any other Live 1717 St. Charles Avenue

authorized Custodian New Orleans, Louisiana 70130(504) 529-6610

37. Lajoya Brown May Call [F][D] Medical Clinic of Mississippior any other Live 6050 I-55 North Frontage authorized Custodian Roadof Records Jackson, Mississippi 39211

(601) 957-5150

38. Judy F. May Call [F][D] Omni Home Care-South Shoreor any other Live 36 Commerce Courtauthorized Custodian Harahan, Louisiana 70123of Records (504) 733-7749

39. Carmen Thompson May Call [F][D] Jackson Neurosurgery Clinicor any other Live 971 Lakeland Driveauthorized Custodian Suite 1250of Records Jackson, Mississippi 39216

(601) 366-1011

40. John Davis, M.D. May Call [F][E][L][D] Live (Adverse)

May testify live: Any of the aforementioned individuals may testify live.

May testify by deposition:

Any of the persons identified above my testify by deposition as noted. The portions of thedepositions to be offered have been submitted in accordance with the instructions below.

State whether the entire deposition, or only portions, will be used. Counsel must confer, nolater than twenty-one days before commencement of trial, to resolve all controversiesconcerning all depositions (electronically recorded or otherwise). All controversies notresolved by the parties must be submitted to the trial judge not later than fourteen daysbefore trial. All objections not submitted within the time are waived.

25


13. The following is a list of witnesses Defendants anticipate calling at trial (excludingwitnesses to be used solely for rebuttal or impeachment). All listed witnesses mustbe present to testify when called by a party unless specific arrangements have beenmade with the trial judge before commencement of trial. The listing of a WILLCALL witness constitutes a professional representation, upon which opposingcounsel may rely, that the witness will be present at trial, absent reasonable writennotice to counsel to the contrary.

[F]act/[E]xpert

Will/ [L]iability/ Address&Name May Call [D]amages Telephone Number

1. Clorette Ancar May Call [F][L][D] 36 Ramon ViaLive Harvey, Louisiana 70058

(504) 231-2021

2. Leonard Joseph May Call [F][L][D] 36 Ramon ViaAncar, Jr. Live Harvey, Louisiana 70058

(504) 669-2515

3. Leroy Brown, Jr. May Call [F][L][D] 303 IllinoisLive or by Harker Heights, Texas 76548Deposition

4. Trooper Craig May Call [F][L][D] Mississippi Highway PatrolMorton Live or by Troop C


5. Trooper Daniel May Call [F][L][D] Mississippi Highway PatrolLewis Live or by Troop C


6. Dwight L. McKenna, May Call [F][E][L][D] 1827 Gentilly Blvd.M.D. Live or by New Orleans, Louisiana 70119


26


7. Gail Wilson, Ph.D. May Call [F][E][L][D] 1419 Amelia StreetM.D. Live or by New Orleans, Louisiana 70115


8. Alexis M. May Call [F][E][L][D] Spinecare Medical GroupWaguespack, M.D. Live or by 2701 Lake Villa Dr., Suite A

Deposition Metairie, Louisiana 70002(504) 887-7207

9. Vaidehi Boinapally, May Call [F][E][L][D] Ochsner Medical Clinic M.D. Live 2005 Veterans Memorial

BoulevardMetairie, Louisiana 70002(504) 836-9820

10. Dinesh K. Goel, May Call [F][E][L][D] Medical Clinic of MississippiM.D. Live or by 6050 I-55 North Frontage

Deposition RoadJackson, Mississippi 39211(601) 957-5150

11. Nathaniel Fentress May Call [F][E][L][D] 1151 North State StreetMS, CRC, CCM Live or by Suite 511

Deposition Jackson, Mississippi 39202(601) 355-7550

12. Dr. Gerald Lee May Call [F][E][L][D] Mississippi College Live Post Office Box 4014

Clinton, Mississippi 39058(601) 925-3220

13. Howard Katz, M.D. May Call [F][E][L][D] Gulf States Physical Medicine Live & Rehabilitation

1151 North State StreetJackson, Mississippi 39202(601) 968-0894

14. John Davis, M.D. May Call [F][E][L][D] NewSouth NeurospineLive 2470 Flowood Drive

Flowood, Mississippi 39232 (601) 936-0400

27


15. Mark C. Webb, M.D. May Call [F][E][L][D] Mississippi Neuropsychiatric Clinic, PLLC576 Highland Colony ParkwayRidgeland, Mississippi 39157

Will testify by deposition:

Any of the persons identified above may testify by deposition as noted. The portions of thedepositions to be offered have been submitted in accordance with the instructions below.

State whether the entire deposition, or only portions, will be used. Counsel must confer, nolater than twenty-one days before commencement of trial, to resolve all controversiesconcerning all depositions (electronically recorded or otherwise). All controversies notresolved by the parties must be submitted to the trial judge not later than fourteen daysbefore trial. All objections not submitted within the time are waived.

14. This is a jury case.

15. Counsel estimates the length of the trial will be 3-5 days.

16. As stated in paragraph 1, this pretrial order has been formulated (a) at a pretrialconference before a judicial officer, notice of which was duly served on all parties,and at which the parties attended as stated above, or (b) the final pretrial conferencehaving been dispensed with by the judicial officer, as a result of conferences betweenthe parties. Reasonable opportunity has been afforded for corrections or additionsprior to signing. This order will control the course of the trial, as provided by Rule16, Federal Rules of Civil Procedure, and it may not be amended except by consentof the parties and the court, or by order of the court to prevent manifest injustice.

SO ORDERED AND ADJUDGED this the 14 day of March, 2014.th

s/ Daniel P. Jordan III UNITED STATES DISTRICT JUDGE

/s/ Don H. Evans Attorney for Plaintiffs

/s/ Benny M. May Attorney for Defendants

28
