plaintiff's rule 26(b)(4)
DESCRIPTION
Plaintiff's list of potential expert witnessesTRANSCRIPT
SUPERIOR COURT OF THE DISTRICT OF COLUMBIA
Civil Division Estate of ROBERT E. WONE, by KATHERINE E. WONE, as Personal Representative, Plaintiff, v. JOSEPH R. PRICE, VICTOR J. ZABORSKY, and DYLAN M. WARD, Defendants.
Civil Action No. 008315-08 The Honorable Michael L. Rankin Next Event: March 29, 2011 Opponent’s 26(b)(4) Statement
PLAINTIFF’S RULE 26(B)(4) STATEMENT
Pursuant to the Court’s Revised Scheduling Order of October 4, 2010, and
Superior Court Rules of Civil Procedure 16(b)(3) and 26(b)(4), Plaintiff Estate of Robert E.
Wone, through counsel, states that it may call the persons identified below to testify as opinion
witnesses at trial in this case. Concurrently with this filing, Plaintiff will disclose these experts’
CVs—to the extent they are available—to Defendants’ counsel.
1. Dr. Lance B. Becker, M.D. Director, Center for Resuscitation Science Hospital of the University of Pennsylvania
A. Qualifications
Dr. Becker is the Director of the Center for Resuscitation Science at the
University of Pennsylvania, and a professor in the University of Pennsylvania’s Department of
Emergency Medicine. He has held those positions since 2006. Prior to that, Dr. Becker was an
attending emergency medicine physician at Michael Reese Hospital in Chicago, Illinois and at
FiledD.C. Superior Court11 Mar 01 P04:24Clerk of Court
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the University of Chicago Hospitals. Concurrently with his position as an attending physician at
the University of Chicago Hospitals, from 1989 to 2006, he was an assistant, then associate, then
full professor of emergency medicine at that university. He is board certified in both emergency
and internal medicine, and he is additionally certified in the subspecialty of critical care
medicine. Dr. Becker has spoken and lectured at dozens of conferences, and has authored or
coauthored more than 90 peer-reviewed articles, the vast majority of which concerned
resuscitation, cardiac arrest, or both. In addition, he holds or has filed for eleven device or
methods patents related to his research. His undergraduate degree is from the University of
Michigan, and his medical degree is from the University of Illinois. He completed a residency in
internal medicine at Michael Reese Hospital in Chicago.
B. Subject Matter of Testimony
It is anticipated that Dr. Becker will testify about general emergency medicine
and resuscitation procedures, particularly as they relate to sharp force trauma, pericardial
tamponade, and pulseless electrical activity (“PEA”). It is further anticipated that Dr. Becker
will testify that Robert Wone died as a result of injuries caused by stab wounds to his torso, one
of which caused acute pericardial tamponade. Dr. Becker is expected to testify that prompt
treatment of victims of sharp force trauma is imperative, and that any delay in treatment
diminishes the chance that the victim will survive, particularly if the trauma results in acute
pericardial tamponade. Dr. Becker is further expected to testify that pericardial tamponade,
though an emergent condition, is a treatable injury if timely attended to by medical personnel.
Finally, it is anticipated that Dr. Becker will testify that the stabbing experienced
by Robert Wone would not have been instantly fatal, nor would it have rendered him
immediately incapacitated or instantly unconscious.
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It is expected that Dr. Becker will base his opinions on his experience and
training, and on his review of materials provided by the Plaintiff. To the extent appropriate and
necessary, it is expected that Dr. Becker will rebut testimony offered by Defendants’ expert
witnesses and will offer such additional opinions as are supported by facts and materials made
available to him.
2. Thomas C. Borzilleri, Ph.D. Bethesda, MD
A. Qualifications
Dr. Borzilleri is an economist with over twenty-five years of experience in
computation of damages, valuation of business and professional practices, and analyses of
earnings losses from personal injury and wrongful death, among other areas. His undergraduate
and graduate degrees are from the University of Maryland.
B. Subject Matter of Testimony
It is anticipated that Dr. Borzilleri will testify about the losses in future earnings
and savings suffered by Mr. Wone and Mr. Wone’s estate as a result of Mr. Wone’s untimely
death. Dr. Borzilleri’s testimony is expected to include, without limitation, opinions pertaining
to the effects of inflation on the wealth that Mr. Wone would have accumulated over his lifetime,
and the calculation of the present value of Mr. Wone’s future earnings and accumulation of
wealth. It is anticipated that Dr. Borzilleri will base his testimony on his experience and training,
his review of materials provided to him by the Plaintiff, and fact or other expert testimony
pertaining to the employment prospects that would have been available to Mr. Wone but for his
murder. To the extent appropriate and necessary, it is also expected that Dr. Borzilleri will rebut
testimony offered by Defendants’ expert witnesses and will offer such additional opinions as are
supported by facts and materials made available to him.
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3. David R. Fowler, MB, ChB., M.Med. Path (forens) Chief Medical Examiner Office of the Chief Medical Examiner Baltimore, MD
A. Qualifications
Dr. Fowler is the Chief Medical Examiner of the State of Maryland. He has held
that position since May 2002. For eight years prior to becoming Maryland’s Chief Medical
Examiner, Dr. Fowler served in various other positions in the Maryland Office of the Chief
Medical Examiner, including Assistant Medical Examiner, Deputy Chief Medical Examiner, and
Acting Chief Medical Examiner. Prior to that, he completed a residency in anatomic pathology
at the University of Maryland, and a residency in forensic pathology at the University of Cape
Town, South Africa. He is board certified in forensic pathology in both South Africa and the
United States. In his career as a forensic pathologist both in South Africa and the United States,
Dr. Fowler has performed close to 6,000 autopsies, over 1,000 of which were autopsies in which
the victim had suffered a sharp force trauma such as a stab wound.
B. Subject Matter of Testimony
Dr. Fowler is expected to testify that Mr. Wone died as a result of three stab
wounds in his torso, one of which caused acute pericardial tamponade, and that those three
wounds share near-uniform alignment, wound paths, and depth. Dr. Fowler is further expected
to testify that, in his experience of having performed autopsies on over 1,000 stabbing victims,
he has never seen a victim with multiple wounds of such precise uniformity as those suffered by
Mr. Wone. It is further anticipated that Dr. Fowler will testify that there is no indication of
defensive wounds on Mr. Wone’s body, nor is there any indication of blood on Mr. Wone’s
hands other than a small smear on one of his fingers. Dr. Fowler is expected to testify that the
lack of defensive wounds and the lack of blood on a stabbing victim’s hands is unusual because,
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in his experience, stabbing victims exhibit some indication of having reflexively acted both to
defend themselves against attack and to grab at the injured parts of their bodies.
Dr. Fowler is expected to testify that in the absence of paralysis or restraint, such
reflexive movement would have occurred almost immediately, even if a victim was asleep when
stabbed. Dr. Fowler is also expected to testify that the three stab wounds suffered by Mr. Wone
would not have been instantly fatal, nor would they have immediately incapacitated Mr. Wone or
rendered him immediately unconscious. To the extent appropriate and necessary, it is also
expected that Dr. Fowler will rebut testimony offered by Defendants’ expert witnesses and will
offer such additional opinions as are supported by facts and materials made available to him.
4. Al Ortenzo, A.A.S., B.S., M.S. Assistant Chief of Police (Ret.), Fort Lauderdale Police Department
A. Qualifications
Mr. Ortenzo is the former Assistant Chief of Police of Fort Lauderdale, Florida.
He spent his entire 30-year career in that police department; among other responsibilities, he
spent eleven years as the department’s Chief of Investigations. As a police officer, he
investigated thousands of violent and property crimes, including murders, robberies, home
invasions, and burglaries. Mr. Ortenzo received specialized and advanced training in dozens of
policing and public safety subjects, and is highly decorated, having received numerous
Department Commendations and Public Commendations for his service.
B. Subject Matter of Testimony
It is anticipated that Mr. Ortenzo will testify about general police investigation
and crime scene procedures, as well as the collection and handling of evidence and the
investigation of violent and property crimes. Mr. Ortenzo is expected to testify that, in his
opinion, the crime scene at 1509 Swann Street NW indicates that Mr. Wone’s murderer(s) either
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lived there and thus had unfettered access to the home or were able to enter without breaking.
Mr. Ortenzo is also expected to testify that the crime scene and other circumstances surrounding
Mr. Wone’s death are inconsistent with the possibility that Mr. Wone’s murderer(s) entered or
gained access to the Swann Street house with the intention of committing a property crime such
as burglary.
Mr. Ortenzo is also expected to testify as to the procedures and protocols
undertaken during the Metropolitan Police Department’s investigation of Robert Wone’s murder.
It is anticipated that Mr. Ortenzo will base his testimony on his experience and training, and his
review of materials provided to him by the Plaintiff. To the extent appropriate and necessary, it
is expected that Mr. Ortenzo will rebut testimony offered by Defendants’ expert witnesses and
will offer such additional opinions as are supported by facts and materials made available to him.
5. Martha Ann Sisson, Esq. Garrison & Sisson, Inc. Washington, D.C.
A. Qualifications
Ms. Sisson is a legal recruiter and co-founder of Garrison & Sisson, Inc., an
attorney search firm headquartered in Washington, D.C. In that capacity, she regularly consults
with law firms, corporations, trade associations, other organizations, and individual lawyers
regarding the hiring and retention of experienced attorneys. Among other things, she helps law
firm and corporate clients to find and recruit attorneys at all levels. She has almost 25 years of
experience in the Washington, DC legal market as a legal recruiter. Her law degree is from the
University of Virginia, and her undergraduate degree is from the University of Richmond.
B. Subject Matter of Testimony
It is anticipated that Ms. Sisson will testify about Robert Wone’s career
experience, qualifications, career prospects that would have been available to him had he not
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been murdered, and earning potential. It is further anticipated that Ms. Sisson will base her
testimony on her experience, and her review of materials provided by the Plaintiff. To the extent
appropriate and necessary, it is also expected that Ms. Sisson will rebut testimony offered by
Defendants’ expert witnesses and will offer such additional opinions as are supported by facts
and materials made available to her.
Respectfully submitted,
Dated: March 1, 2011
/s/ Benjamin Razi_________________ Benjamin J. Razi ([email protected]) D.C. Bar No. 475946 Stephen W. Rodger ([email protected]) D.C. Bar No. 485518 Charles Kitcher ([email protected]) D.C. Bar No. 986226 Brett C. Reynolds ([email protected]) D.C. Bar No. 996100 Jason A. Levine ([email protected]) D.C. Bar No. 996121 COVINGTON & BURLING LLP 1201 Pennsylvania Ave., NW Washington, D.C. 20004 (202) 662-6000 Patrick M. Regan ([email protected]) D.C. Bar No. 336107 REGAN ZAMBRI & LONG, PLLC 1919 M Street, NW, Ste 350 Washington, D.C. 20036 (202) 463-3030 Counsel for Plaintiff
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CERTIFICATE OF SERVICE
I hereby certify that on March 1, 2011, I caused copies of Plaintiff’s Rule 26(b)(4)
statement to be served via CaseFileXpress on the counsel listed below.
David Schertler Robert Spagnoletti Schertler & Onorato LLP 601 Pennsylvania Ave., NW Washington, D.C. 20004 [email protected] [email protected] Ralph C. Spooner 530 Center Street, NE Suite 722 Salem, OR 97301-3740 [email protected] Counsel for Defendant Dylan Ward
Frank F. Daily Sean P. Edwards Larissa N. Byers The Law Office of Frank F. Daily, P.A. 11350 McCormick Road Executive Plaza III, Suite 704 Hunt Valley, MD 21031 [email protected] Counsel for Defendant Victor Zaborsky Craig D. Roswell Brett A. Buckwalter Heather B. Nelson Niles, Barton, & Wilmer LLP 111 S. Calvert Street, Suite 1400 Baltimore, MD 21202 [email protected] [email protected] [email protected] Counsel for Defendant Joseph Price
/s/ Brett Reynolds______ Brett C. Reynolds