Walden v. Pier 1 Imports (U.S.), Inc. et al

Filing 36

ORDER GRANTING Defendant's oral motion to strike expert testimony. Any testimony by Plaintiff's treating physicians that express an expert opinion under Federal Rules of Evidence 701, 702 or 703 is hereby excluded. The treating physicians may only testify as fact witnesses. Signed by Judge Nancy J. Rosenstengel on 11/6/2017. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(jkb2)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF ILLINOIS
WENDY WALDEN,
Plaintiff,
v.
PIER I IMPORTS (U.S.), INC., and
HEIDI HOLTGREWE,
Defendants.

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Case No.: 3:16-cv-01216-NJR-RJD

PLAINTIFF’S ANSWERS TO THE FIRST SET OF INTERROGATORIES
DIRECTED TO PLAINTIFF
COMES NOW Plaintiff WENDY WALDEN by her attorneys, Brown & Brown
LLP, hereby providing Defendant with the following answers to interrogatories:
1. Please state:
a. The name and current address of the person or persons answering these
interrogatories;
b. His or her relationship to Plaintiff; and
c. His or her position of employment.
ANSWER: (a) Wendy Walden 1845 Kinsella Ave, Swansea, IL 62226; (b) Self; (c) N/A
2. State whether you are aware of any video, pictures or other form of recording
concerning the acts of wrongdoing alleged in the Complaint, and if so, for each such
video, pictures or other form of recording, please state:
a. The method of recording;
b. The name of the person that made the recording;
c. Date, place and time taken or produced;
d. Name and address of each person involved in recording it;
e. Names and addresses of all persons present when it was recorded; and
f. The names and addresses of the persons or organizations under whose
direction or upon whose behalf it was recorded.
ANSWER: Plaintiff is not aware of any video, picture, or other form of recording
regarding this incident. Further, Plaintiff’s understanding is that Defendants may have
possessed a recording of the incident at one time, as a store employee advised that they
would check the video and have “corporate” provide her with an incident report.
3. Are you aware of any statement made by any of the defendants regarding the
events described in the Complaint, whether oral, written, or recorded in any way,
and, if so, state the following:
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a. Date, place and time of the statement;
b. Names and addresses of all persons who participated in taking the
statement;
c. Names and addresses of all persons who were present when the statement
was made;
d. Whether the statement was oral, written, shorthand, recorded, taped, etc.;
e. Whether the statement was signed;
f. Names and addresses of all persons or organizations under whose direction
and upon whose behalf the statement was taken or made; and
g. Please attach an exact copy of the statement, interview, report, film or tape to
your answers to these interrogatories, but if the statement was oral, please state
verbatim the contents thereof.
ANSWER: Plaintiff recalls the following statements/conversations with Defendants’
agents/employees about this incident:
 Plaintiff asked a 40ish African American employee of Pier 1 to get a chair down
from a table so she could look at it. Plaintiff recalls the employee doing so and
telling her that she should find her if she wanted to purchase the chair.
 Plaintiff recalls being asked by a tall, slender man in his early 20s whether she
was finished looking at the chair and whether he should put it back on the table.
Plaintiff recalls that she told him he could do so.
 Plaintiff recalls talking to the tall, slender man again after she was struck by the
chair. Plaintiff recalls him nervously laughing while she was angry about the
incident. Plaintiff recalls him asking if she wanted to purchase the chair.
 Plaintiff recalls talking to someone who identified herself as a manager (a
younger white female) soon thereafter about the incident and about the tall,
slender man’s laughter. Plaintiff recalls being asked if she wanted to fill out an
incident report and Plaintiff advised that she would be willing do so, but her
head hurt at the moment.
 After some time passed, Plaintiff recalls speaking again with the same woman
who got the chair down for her originally. Plaintiff placed an order with this
employee for a chair.
 A couple of days after the incident, Plaintiff returned to Pier 1 to inform the
manager on duty at that time (a woman) that she needed a copy of an incident
report because her headache and neck pain were worsening and she was going
to seek medical treatment. That person asked for the date and time of the
incident so they could look at the store security tapes and check for an incident
report. Plaintiff recalls this person left a voicemail on her cell phone later that
day advising Plaintiff that someone from corporate would contact her.
 Plaintiff is not presently aware of any other statements made by the defendants
regarding this incident.
4. With respect to expert witnesses:
a. Identify each person whom plaintiff expects to call as an expert witness at
trial, stating for each such expert:

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i.
Name;
ii.
Address;
iii.
Occupation;
iv.
Place of employment; and
v.
Qualifications to give an opinion (if such information is available
on an expert's curriculum vitae, you may attach a copy thereof in lieu of
answering this interrogatory subpart).
b. With respect to each expert listed, please state the subject matter on which
the expert is expected to testify and the expert' s hourly deposition fee; and
c. Identify each non-retained expert witness, including a party who plaintiff
expects to call at trial who may provide expert witness opinion testimony by
providing the expert' s name, address, and field of expertise. State also any opinions
that the expert will testify to at trial.
ANSWER: Plaintiff has not yet made a determination as to who will be called to
testify at trial. The following persons may be called:
 Plaintiff anticipates testifying about the events before, during and after the
occurrence. Plaintiff may also testify as to complaints and problems with
activities of daily living after the occurrence, including ongoing and/or
permanent pain and limitations related to the occurrence. Plaintiff will testify as
to medical treatment received, the reasonableness of said treatment, the bills
incurred and/or to be incurred as a result of the occurrence, and any subjects
identified in discovery responses and/or deposition testimony.
 Plaintiff anticipates friends and/or family members may be called testify about
the events before and after the occurrence. These witnesses may also testify as to
Plaintiff’s complaints and problems with activities of daily living after the
occurrence complaints and problems with activities of daily living after the
occurrence, including ongoing and/or permanent pain and limitations related to
the occurrence. These witnesses may testify and/or may offer lay opinion about
Plaintiff’s medical treatment, the reasonableness of said treatment and the bills
incurred and/or to be incurred as a result of the occurrence, and any subjects
identified in discovery responses and/or deposition testimony.
 Plaintiff anticipates calling Defendant to testify about the events before, during
and after the occurrence. This witness may be asked to testify as to Plaintiff’s
medical treatment, the reasonableness of said treatment, the bills incurred
and/or to be incurred as a result of the occurrence, as well as any subjects
identified in discovery responses and/or deposition testimony.
 Plaintiff anticipates calling as of yet unknown employees and agents of
Defendant to testify about the events before, during and after the occurrence.
These witnesses may be asked to testify as to Plaintiff’s medical treatment, the
reasonableness of said treatment, the bills incurred and/or to be incurred as a
result of the occurrence, as well as any subjects identified in discovery responses
and/or deposition testimony.
 Plaintiff may call anyone named or identified in any discovery responses and/or
deposition testimony by any party in this case to testify about the events before,

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during and after the occurrence as well as any subjects identified in the discovery
responses and/or deposition testimony.
Plaintiff anticipates calling treating physicians and/or their staff to testify about
Plaintiff’s medical treatment stemming from the occurrence, the reasonableness
of the medical treatment and bills incurred and/or to be incurred as a result of
the occurrence, the possible need for future treatment needed as a result of the
occurrence, Plaintiff’s occurrence related limitations (including ongoing and/or
permanent pain and limitations related to the occurrence), and any subjects
identified in discovery responses and/or deposition testimony.
Plaintiff has not yet made a determination as to whether any experts will be
retained. Plaintiff shall seasonably supplement this interrogatory.

5. State the names and addresses of every person known by Plaintiff, Plaintiffs
representatives or Plaintiffs attorney to have knowledge of or information related to
the allegations against Defendants.
ANSWER: None known to Plaintiff or Plaintiff’s attorneys other than Plaintiff, an
unknown female shopper who left the premises shortly after the incident, Defendants
(and their agents and employees), and medical providers (contained in Plaintiff’s
medical records).
6. State whether written or recorded statements have been obtained from anyone
identified in the above answer with regard to the facts or circumstances surrounding
the events described in the complaint. If so, state the following:
a. The names, addresses, and employers of persons whose statements were
obtained; and
b. The name, address, employer, and job title of the person presently having
control or custody of each statement.
ANSWER: Plaintiff is not aware of any written or recorded statements regarding this
incident other than those contained in her medical records and one which may have
been prepared by Defendants as a result of this incident.
7. State whether Plaintiff has ever been convicted of any felony or misdemeanor and,
if so, please state:
a. The date of any such conviction or plea;
b. The state where the conviction or plea occurred; and
c. The offense for which the plaintiff was convicted or pleaded guilty.
ANSWER: Plaintiff has not been convicted of a felony or misdemeanor.
8. Identify each and every civil lawsuit, other than the present one, in which you have
been either a defendant or a plaintiff, including the names of the parties, the case
number, the court in which the lawsuit was filed, and the years in which the lawsuit
was both filed and resolved.
ANSWER: Plaintiff was involved in a car crash in 2003 or 2004 in which she was rearended and suffered a low back injury. Plaintiff recalls the claim was resolved via
mediation and thinks a suit was filed in St. Clair County, Illinois; however, the online
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St. Clair County Clerk of Court records do not show any filed lawsuit.
9. Identify each category of damages you are seeking as a result of the wrongful
conduct alleged in the Complaint, and for each such category of damage, state the
factual basis and the dollar amount claimed.
ANSWER: Medical Bills:
$24,792.16 (Known total; not final)
Loss of Normal Life:
$ Unknown
Pain & Suffering:
$ Unknown
Lost Wages/Earning Capacity: $ NONE
10. State whether you sought treatment from any health care provider for any
condition which you allege was caused by, aggravated, or exacerbated by the
wrongful conduct alleged in the Complaint, and if so, for each such provider from
which you sought treatment, identify:
a. The name and address;
b. The condition(s) for which you were examined and/or treated;
c. The nature of the treatment received;
d. The number of visits and the specific dates of said visits;
e. The amount charged for your treatment; and
f. The amount actually paid by you or by someone else on your behalf for your
treatment.
ANSWER: See medical records previously produced for conditions treated.
Belleville Memorial Hospital 4500 Memorial Drive Belleville, IL 62226
12/9/2014
$2,754.68
CEPAmerica Illinois LLP 1601 Cummins Dr. Ste. D Modesto, CA 95358
12/9/2014
$404.00
Clinical Radiologists, S.C. 2040 W. Iles Ave. Ste. C Springfield, IL 62704
12/9/2014-12/23/2014
$633.50
PC Associates 310 N. 7 Hills Rd. O’Fallon, IL 62269
12/11/2014-1/11/2016
$1,730.00
Belleville Memorial Hospital 4500 Memorial Drive Belleville, L 62226
12/11/2014
$799.00
Belleville Memorial Hospital
4500 Memorial Drive Belleville, IL 62226
12/23/2014
$3,560.00
Gateway Neurology 1261 University Drive Ste. E Edwardsville, IL 62025
1/29/2015-10/9/2015
$978.00
Belleville Memorial Hospital 4500 Memorial Drive Belleville, IL 62226
5/27/2015
$356.00
375th Medical Group 310 West Losey Street Scott AFB, IL 62225
6/3/2015
$176.80
Belleville Mem Hosp Mental Health 4500 Memorial Drive Belleville, IL 62226
6/12/2015-Present
$6,030.00 (through 4/28/2015)
Belleville Memorial Hospital 4500 Memorial Drive Belleville, IL 62226
6/19/2015
$512.00
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Beltline Chiropractic 414A Beltline Rd Collinsville, IL 62234
11/30/2015-5/3/2016
$6,906.00
Radiology Consultants Midwest PO BOX 7747 Chesterfield, MO 63006
2/9/2016-5/10/2015
$323.04
O’Fallon Family Physicians
01/2017 to Present
$Unknown (Will supplement)
11. State whether you sought treatment from any mental health care provider for any
condition which you allege was caused by, aggravated, or exacerbated by the
wrongful conduct alleged in the Complaint, and if so, for each such mental health
care provider from which you sought treatment, identify:
a. The name and address;
b. The condition(s) for which you were examined and/or treated;
c. The nature of the treatment received;
d. The number of visits and the specific dates of said visits;
e. The amount charged for your treatment; and
f. The amount actually paid by you or by someone else on your behalf for your
treatment.
ANSWER: Belleville Mem Hosp Mental Health 4500 Memorial Drive Belleville, IL 62226
6/12/2015- Present
$6,030.00 (through 4/28/2016)
Plaintiff is presently in treatment for previously undiagnosed/untreated
bipolar/hypermanic disorders which were either aggravated or caused by this incident.
Plaintiff received and will receive counseling and medication for these conditions.
Plaintiff’s treatment records and bills have been disclosed to Defendants. Plaintiff pays
approximately $125/month out-of-pocket for this treatment and her insurance (Tricare)
picks up the balance.
12. Does Plaintiff claim a loss of earnings, wages, or income as a result of the events
described in the complaint? If so, please state:
a. The name and address of Plaintiff's employer at the time of the events
described in the complaint;
b. The rate of pay with that employer;
c. The amount of Plaintiff's claim, and show exactly how that amount was
calculated;
d. List each day, by specific date, that Plaintiff claims he has been unable to
work because of the events described in the complaint;
e. If Plaintiff had a loss of income other than missing time from work, state the
amount of the loss , the nature of the loss , and how the amount of the loss was
calculated; and
f. Please sign the attached employer authorization and insert the name and
address of the employer.
ANSWER: Plaintiff is not claiming a loss of earnings, wages, or income.
13. What expenses, listing them by item, were incurred in connection with the alleged
injuries sustained by Plaintiff as set forth in the Complaint?
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ANSWER: Plaintiff’s medical bills have been previously disclosed. Plaintiff will
supplement with other expenses, if necessary.
14. State whether you have incurred any other expenses not listed in answers to the
previous interrogatories which you claim were necessitated by or attributable to the
act(s) of wrongdoing alleged in your Complaint. If your answer is in the affirmative,
please state:
a. The product or service for which the expense was incurred;
b. The name and address of the person or entity from who the product or
service was purchased;
c. The date upon which said product or service was purchased; and
d. The amount charged for the product or service purchased.
ANSWER: Plaintiff will supplement if necessary.
15. State whether Plaintiff consumed alcoholic beverages, medication, or drugs
within a forty eight (48) hour period prior to the incident alleged to in the Complaint,
and if so, state the names and addresses of the places where said alcoholic beverages,
medication, or drugs were consumed and describe the quantity and type of drinks,
medication or drugs which were consumed in said period of time.
ANSWER: Plaintiff does not recall consuming any alcoholic beverages, medications,
or drugs within 48 hours prior to the accident.
16. State whether you are currently employed. With respect to each current employer,
state:
a. The name, business address, and business telephone of the employer(s);
b. Date you began employment with the employer(s);
c. Your current position and job title;
d. The name, business address, and business telephone number of your
immediate supervisor;
e. Your job duties; and
f. Your starting and, if different, current rate of compensation.
ANSWER: Plaintiff is not presently employed.
17. State your employers for the twenty years prior to your current employer. With
respect to each such employer, state:
a. The name, business address, and business telephone of the employer(s);
b. Date you began employment with the employer(s) ;
c. Your position and job title;
d. The name, business address, and business telephone number of your
immediate supervisor;
e. Your job duties; and
f. Your starting and, if different, final rate of compensation.
ANSWER: Plaintiff recalls the following employment in the last 20 years:
 From late October 2016 to early January 2017, Plaintiff worked at Ruby’s 2708 N.
Illinois St., Swansea, IL 62226; [phone] as a host/server.
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In 2006, Plaintiff was self employed as a housecleaner.
From approx 2004-2005, Plaintiff worked in the bakery area of Ryan’s Steakhouse
in Swansea, Illinois (now closed).
In approximately 2001-2002, Plaintiff worked at the Marine Corps Base Quantico
in a fast food restaurant.
In approximately 1997-2000 Plaintiff was a commissary worker at Chievres Air
Force Base in Belgium

18. Please state whether or not you have had any conversation(s) or
communication(s), in the past ten (10) years, with any Defendant. If so, further set
forth for each conversation or communication:
a. The nature and substance of each conversation or communication;
b. The date and time of day of each such conversation or communication; and
c. Whether the conversation or communication was oral or written, and if
written, the identity of the present custodian of such written conversation or
communication.
ANSWER: Plaintiff does not currently recall any conversations with the Defendant in
the last 10 years, other than those which took place on the day of the incident and soon
thereafter, other than those she would have had relating to being a shopper at Pier 1
Imports.
19. State whether you have previously suffered any injuries to any part of your body
that you allege was injured by the events described in your Complaint. NOTE: This
request includes any prior psychological injuries. For all such injuries, describe the
date and circumstances of the injury and if you sought treatment for the injury,
identify:
a. The name and address of the medical care provider;
b. The condition(s) for which you were examined and/or treated;
c. The nature of the treatment received;
d. The number of visits and the specific dates of said visits;
e. The amount charged for your treatment; and
f. The amount actually paid by you or by someone else on your behalf for your
treatment.
g. Please sign and return the attached medical authorization, after inserting the
names and addresses of the doctors, hospitals or health care providers who treated
you for such injuries.
ANSWER: Plaintiff was in a motor vehicle accident in 2003 or 2004 in which she injured
her low back for which Plaintiff was treated at Belleville Memorial Hospital; Plaintiff
presently recalls no prior treatment for the body parts injured in this incident or any
prior mental health treatment.
20. Please state whether or not Plaintiff has ever applied for any type of disability
benefit from any entity (governmental, insurance, employer, etc.), and if so, please
state:
a. The date of each application.
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b. The name and address of the entity.
c. The reason for the application (i.e., the nature of the injury causing the
disability).
d. Whether or not any disability benefits were actually received including, but
not limited to, payments received from Medicare or Medicaid and if so, state the
dates received and the amounts.
e. When payment of the benefits began and when it ended.
ANSWER: Plaintiff does not recall applying for any such benefits.
21. Is Plaintiff presently enrolled in or has she ever been enrolled in Medicare Part A
or B, or ever applied for or received Social Security Disability Benefits? If the answer
is yes, provide a description of the injury or condition at issue , date of onset, and the
date and amount of any application for or receipt of benefits and complete the
attached forms. If she has ever been denied a request for any such benefits, state
whether that decision has been or will be appealed.
ANSWER: Plaintiff does not receive, nor has she applied for, Medicare benefits or
Social Security Disability benefits.
WENDY WALDEN
By: /s/Kenneth B. Beljanski
Kenneth B. Beljanski #6236693
[e-mail]
BROWN & BROWN, LLP
5440 N Illinois #101 Fairview Heights, IL 62208
618.234.4878 ~ 618.234.4818 (fax)
Attorneys for Plaintiff
CERTIFICATE OF SERVICE
The undersigned hereby certifies that a copy of the foregoing was sent via email
on March 3, 2017 to the following:
GOLDBERG SEGALLA LLP
John Allen: [e-mail]
Phil Sholtz: [e-mail]
8000 Maryland Suite 640
St. Louis, Missouri 63105
Attorneys for Defendant Pier 1
Imports (U.S.), Inc.
/s/Kenneth B. Beljanski
Kenneth B. Beljanski #6236693

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