Russell v. Anderson

Filing 90

ORDER ON FINAL PRETRIAL CONFERENCE - Jury Trial set for 5/13/2019 at 09:00 AM in Courtroom 1, Robert V. Denney Federal Building, 100 Centennial Mall North, Lincoln, NE before Senior Judge Richard G. Kopf. Ordered by Magistrate Judge Susan M. Bazis. (LKO)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
DAVID T. RUSSELL,

)
)
)
)
)
)
)
)
)

Plaintiff,
vs.
EDWARD R. ANDERSON,
Defendant.

Case No. 4:17CV3085
ORDER ON FINAL PRETRIAL
CONFERENCE

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.
1

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

2

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.

3

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:
4

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.

5

(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

(J)

Length of Trial. Counsel estimate the length of trial will consume not less

case.

than two days, and not more than five days, and probably about four days.

6

(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.
/s/ Michael P. Healy
(D.Ne Admission granted)
THE HEALY LAW FIRM, LLC
3640 NE Ralph Powell Road
Lee’s Summit, Missouri 64064
Telephone: [phone]
Telecopier: 816/472-8803
E-mail: [e-mail]
Attorneys for Plaintiff
s/ Tanya J. Hansen
Bar Number: 23306
Attorney for Defendant
SMITH, JOHNSON, BAACK, PLACZEK,
ALLEN, CONNICK & HANSEN
104 N. Wheeler Avenue
Grand Island, NE 68801
Telephone: [phone]
Fax: [phone]
Email: [e-mail]
Attorneys for Defendant
BY THE COURT:

________________________________

31-326/746828

7

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
DAVID T. RUSSELL,

)
)
)
)
)
)
)
)
)

Plaintiff,
vs.
EDWARD R. ANDERSON,
Defendant.
Trial Date(s):

2
3
4
5
6
7

JOINT EXHIBIT LIST

March 25 – March 28, 2019

EXHIBIT NO.
PLF DF DESCRIPTION
1

Case No. 4:17CV3085

OFF

Accident Report (Edward
Anderson Depo Exhibit 1)
Google Map Photo
(Edward Anderson Depo
Exhibit 2)
Google Map Photo
(Edward Anderson Depo
Exhibit 3)
Google Map Photo
(Edward Anderson Depo
Exhibit 4)
Google Map Photo
(Edward Anderson Depo
Exhibit 5)
Google Map Photo
(Edward Anderson Depo
Exhibit 6)
Photograph of Anderson's
Vehicle (Edward Anderson
Depo Exhibit 7)

OBJ
H

1

RCVD NOT
DATE
RCVD

8

9
10

11

12
12A
12B
12C
12D
12E
12F
12G
13

Photograph of Anderson's
Vehicle-closer photo of the
front part of the wheel well
(Edward Anderson Depo
Exhibit 8)
Photograph of Anderson's
Vehicle (Edward Anderson
Depo Exhibit 9)
Photograph of Anderson's
Vehicle-close-ups of
damage to Anderson's
Vehicle (Edward Anderson
Depo Exhibit 10)
Photograph of Anderson's
Vehicle-close-ups of
damage to Anderson's
Vehicle (Edward Anderson
Depo Exhibit 11)
Photograph of the scene of
the accident (Russell Depo
Exhibit 12)
Photograph of the scene of
the accident (Russell Depo
Exhibit 12)
Photograph of the scene of
the accident (Russell Depo
Exhibit 12)
Photograph of the scene of
the accident (Russell Depo
Exhibit 12)
Photograph of the scene of
the accident (Russell Depo
Exhibit 12)
Photograph of the scene of
the accident (Russell Depo
Exhibit 12)
Photograph of the scene of
the accident (Russell Depo
Exhibit 12)
Photograph of the scene of
the accident (Russell Depo
Exhibit 12)
Photograph of damage to
full (rider’s) right side of the
bike; custom paint job on
2

13A

13B

13C

13D

13E

13F

13G

13H

13I

fuel tank and exhaust
(Russell Depo Exhibit 13)
Photograph of damage to
rear of bike with upper
storage compartment
removed; custom paint job
(Russell Depo Exhibit 13)
Photograph of damage to
full (rider's) left side of the
bike with upper storage
compartment removed;
custom paint job (Russell
Depo Exhibit 13)
Photograph of damage to
front of the bike, including
custom wheel and brake
rotor; custom paint job
(Russell Depo Exhibit 13)
Photograph of damage to
windshield/fairing; custom
paint job (Russell Depo
Exhibit 13)
Photograph of speedometer and odometer on
bike (Russell Depo Exhibit
13)
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)
Photograph of damage to
back (rider's) left portion of
the bike; custom paint jobBlurry (Russell Depo
Exhibit 13)
Photograph of damage to
full (rider’s) left side of the
bike; custom paint jobBlurry (Russell Depo
Exhibit 13)
Photograph of damage to
front (rider's) left portion of
the bike, including
3

13J

13K

13L

13M

13N

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)
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)
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)
Photograph of damage to
fuel tank, engine, air filter
cover and exhaust on bike;
custom paint job-Blurry
(Russell Depo Exhibit 13)
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)
Photograph of damage to
front (rider's) right portion
4

13O

13P

13Q

13R

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)
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)
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)
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)
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)
5

13S

13T

13U

13V
13W

13X

13Y

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)
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)
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)
Photograph of damage to
bike body/paint job
(Russell Depo Exhibit 13)
Photograph of damage to
frame/body; custom paint
job (Russell Depo Exhibit
13)
Photograph of damage to
rear fender and rear of
(rider's) right saddle bag
compartment; custom paint
job (Russell Depo Exhibit
13)
Photograph of damage to
rear (rider's) left saddle bag
compartment; custom paint
job (Russell Depo Exhibit
13)
6

13Z

13
AA

13
BB

13
CC

13
DD

13
EE
13
FF

13
GG
13
HH
13
II

Photograph of damage to
(rider's) left crash bar;
custom paint job (Russell
Depo Exhibit 13)
Photograph of damage to
dashboard/windshield/fairing; custom paint
job (Russell Depo Exhibit
13)
Photograph of damage to
(driver’s) left portion of the
dashboard, in front of
handlebars; custom paint
job (Russell Depo Exhibit
13)
Photograph of damage to
exhaust leading into
Cylinder Head; custom
paint job (Russell Depo
Exhibit 13)
Photograph of damage to
exhaust leading into
Cylinder Head-closer
image; custom paint job
(Russell Depo Exhibit 13)
Photograph of damage
(crack/bend) in frame
(Russell Depo Exhibit 13)
Photograph of damage to
Fairing/windshield/
dashboard bracket from
below on (rider's) right side
(Russell Depo Exhibit 13)
Photograph of damage to
Bike (Russell Depo Exhibit
13)
Photograph of damage to
Bike (Russell Depo Exhibit
13)
Photograph of damage to
front of bike including front
facing tire, crash bars,
headlights, and
windshield/Fairing (Russell
Depo Exhibit 13)
7

14
14A
14B
14C
14D
14E
14F
14G
14H
14I
14J
15

16

17

Photographs of damage to
Tent (Russell Depo Exhibit
14)
Photographs of damage to
Tent (Russell Depo Exhibit
14)
Photographs of damage to
Tent (Russell Depo Exhibit
14)
Photographs of damage to
Tent (Russell Depo Exhibit
14)
Photographs of damage to
Tent (Russell Depo Exhibit
14)
Photographs of damage to
Tent (Russell Depo Exhibit
14)
Photographs of damage to
Tent (Russell Depo Exhibit
14)
Photographs of damage to
Tent (Russell Depo Exhibit
14)
Photographs of damage to
Tent (Russell Depo Exhibit
14)
Photographs of damage to
Tent (Russell Depo Exhibit
14)
Photographs of damage to
Tent (Russell Depo Exhibit
14)
Letter to David Russell
from Fred Falkner of State
Farm-Dated August 21,
2013 RE: Electronic funds
transfer
Letter to David Russell
from Michelle Mueller of
State Farm-Dated October
16, 2013 RE: Settlement of
David Russell's 2012
Harley-Davidson
Letter to Fred Falkner from
Andrew Nantz-Dated May

R, H, O
Prejudicial

R, H, O
Prejudicial

R, H, O
Prejudicial
8

18

19

20

21

27, 2014-Indicating that he
represents David Russell
Letter to Andrew Nantz
from Fred Falkner-Dated
May 27, 2014Acknowledging Mr. Nantz's
letter of Representation
Letter to Andrew Nantz
from Frank Arens of State
Farm-Dated December 21,
2016 RE: Andrew Nantz's
Demand Letter-Dated
November 22, 2016
Letter to Fred Falkner from
Andrew Nantz-Dated
November 22, 2016Demand Letter
Photograph of David
Russell on Motorcycle in
March 2013

22

R, H, O
Prejudicial
R, O
Pl has failed
to answer
discovery
related to
Pl’s alleged
activities
R, O
Pl has failed
to answer
discovery
related to
Pl’s alleged
activities
R, O
Pl has failed
to answer
discovery
related to
Pl’s alleged
activities
R, O
Pl has failed
to answer
discovery
related to
Pl’s alleged
activities

Photograph of David
Russell, wearing Paint suit
in December 2013

24

R, H, O
Prejudicial

Photograph of David
Russell's motorcycle taken
on August 5, 2013

23

R, H, O
Prejudicial

Photograph of David
Russell standing on deck in
July 2009

9

25

Photograph of David
Russell's neck January
2015

26

Photograph of David
Russell's bike packed and
"ready to head home"
August 11, 2013

27

Photograph of David
Russell in auditorium in
December 2017

28

Coliseum Imaging
Center/Regional ImagingMedical Recs and Aff8/15/19 (VNJ0001VNJ0007)

29

Coliseum Imaging
Center/Regional Imaging8/15/2013 Billing Recs and
Aff (VNJ0008-VNJ0009)

30

R, O
Pl has failed
to answer
discovery
related to
Pl’s alleged
activities
R, O
Pl has failed
to answer
discovery
related to
Pl’s alleged
activities
R, O
Pl has failed
to answer
discovery
related to
Pl’s alleged
activities
H, R, O
Foundation,
Pl has failed
to fully
answer
discovery
related to
Pl’s prior
medical
providers
H, R, O
Foundation,
Pl has failed
to fully
answer
discovery
related to
Pl’s prior
medical
providers
H, R, O
Foundation,
Pl has failed
to fully
answer

Coliseum Imaging
Center/Regional ImagingBilling Update-8/15/20134/9/2015 (VNJ0010VNJ0011)
10

31

Specialists in Sports &
Ortho Rehab-Medical Recs
and Aff-3/20/14-5/30/14
(VNJ0012-VNJ0081)

32

Specialists in Sports &
Ortho Rehab-Medical Recs
and Aff-3/20/14-6/23/14
(VNJ0082-VNJ0165)

33

Specialists in Sports &
Ortho Rehab-Medical Recs
and Aff-9/22/14-9/25/14
(VNJ0166-VNJ0195)

34

discovery
related to
Pl’s prior
medical
providers
H, R, O
Foundation,
Pl has failed
to fully
answer
discovery
related to
Pl’s prior
medical
providers
H, R, O
Foundation,
Pl has failed
to fully
answer
discovery
related to
Pl’s prior
medical
providers
H, R, O
Foundation,
Pl has failed
to fully
answer
discovery
related to
Pl’s prior
medical
providers
H, R, O
Foundation,
Pl has failed
to fully
answer
discovery
related to
Pl’s prior
medical
providers

Specialists in Sports &
Ortho Rehab-Billing Recs
and Aff-3/20/14-5/30/14
(VNJ0196-VNJ0208)

11

35

Specialists in Sports &
Ortho Rehab-Billing Recs
and Aff-3/20/14-5/30/14
(VNJ0209-VNJ0226)

--

Specialists in Sports &
Ortho Rehab-Billing Recs
HEALTH INSURANCE
CLAIM FORMS (VNJ0227VNJ0237) WILL NOT BE
USED AS A TRIAL
EXHIBIT-COLLATERAL
SOURCE

36

University of Kansas
Hospital-Billing Recs and
Aff – 2/28/14 (VNJ0238VNJ0239)

37

JoCo Orthopedics & Sports
Medicine-Medical Recs
and Aff (VNJ0240VNJ0261)

38

H, R, O
Foundation,
Pl has failed
to fully
answer
discovery
related to
Pl’s prior
medical
providers
H, R, O
Foundation,
Pl has failed
to fully
answer
discovery
related to
Pl’s prior
medical
providers
H, R, O
Foundation,
Pl has failed
to fully
answer
discovery
related to
Pl’s prior
medical
providers
H, R, O
Foundation,
Pl has failed
to fully
answer
discovery
related to
Pl’s prior
medical
providers
H, R, O
Foundation,
Pl has failed
to fully
answer
discovery

JoCo Orthopedics & Sports
Medicine-Billing Recs and
Aff- 8/9/13-5/27/14
(VNJ0262-VNJ0263)

12

39

KC Spine & Sport-Medical
Recs and Aff- (VNJ0264VNJ0302)

40

KC Spine & Sport-Billing
Recs and Aff- (VNJ0303VNJ0305)

--

Olathe Med CenterMedical Recs and Aff(VNJ0306-VNJ0413) WILL
NOT BE USED AS A
TRIAL EXHIBITRECORDS NOT
RELATED TO THE
ACCIDENT-G.I.
RECORDS

--

related to
Pl’s prior
medical
providers
H, R, O
Foundation,
Pl has failed
to fully
answer
discovery
related to
Pl’s prior
medical
providers
H, R, O
Foundation,
Pl has failed
to fully
answer
discovery
related to
Pl’s prior
medical
providers
H, R, O
Foundation,
Pl has failed
to fully
answer
discovery
related to
Pl’s prior
medical
providers
H, R, O
Foundation,
Pl has failed
to fully
answer
discovery
related to
Pl’s prior
medical
providers

Olathe Med Center-Billing
Recs and Aff- (VNJ0414VNJ0420) WILL NOT BE
USED AS A TRIAL
EXHIBIT-RECORDS NOT
RELATED TO THE
ACCIDENT-G.I.
RECORDS

13

41

Carolina Health
Specialists/Strand
Physicians SpecialistsBilling Recs and Aff-8/9/13
(VNJ0421-VNJ0422)

42

Grand Strand Regional
Med Center-Medical Recs
and Aff (VNJ0423VNJ0452)

43

Grand Strand Regional
Med Center-Billing Recs
and Aff 1/19/14 (VNJ0453VNJ0456)

44

Menorah Med CenterMedical Recs and Aff
(VNJ0457-VNJ0491)

45

H, R, O
Foundation,
Pl has failed
to fully
answer
discovery
related to
Pl’s prior
medical
providers
H, R, O
Foundation,
Pl has failed
to fully
answer
discovery
related to
Pl’s prior
medical
providers
H, R, O
Foundation,
Pl has failed
to fully
answer
discovery
related to
Pl’s prior
medical
providers
H, R, O
Foundation,
Pl has failed
to fully
answer
discovery
related to
Pl’s prior
medical
providers
H, R, O
Foundation,
Pl has failed
to fully
answer
discovery

Menorah Med CenterBilling Recs and Aff
(VNJ0492-VNJ0494)

14

46

University of KS
Physicians-Medical Recs
and Aff (VNJ0495VNJ0510)

47

University of KS
Physicians-Billing Recs
and Aff (VNJ0511VNJ0512)

48

United Imaging
Consultants-Medical Recs8/9/13 (VNJ0513VNJ0518)

49

related to
Pl’s prior
medical
providers
H, R, O
Foundation,
Pl has failed
to fully
answer
discovery
related to
Pl’s prior
medical
providers
H, R, O
Foundation,
Pl has failed
to fully
answer
discovery
related to
Pl’s prior
medical
providers
H, R, O
Foundation,
Pl has failed
to fully
answer
discovery
related to
Pl’s prior
medical
providers
H, R, O
Foundation,
Pl has failed
to fully
answer
discovery
related to
Pl’s prior
medical
providers

United Imaging
Consultants-Billing Recs
and Aff-6/11/14 (VNJ0519VNJ0520)

15

50

United Imaging
Consultants-Billing Update
1- (VNJ0521-VNJ0524)

51

United Imaging
Consultants-Billing Update
2-2/19/14-12/23/14
(VNJ0525-VNJ0527)

52

UPMC Presbyterian
Shadyside-Medical Recs
and Aff (VNJ0528VNJ0732)

53

UPMC Presbyterian
Shadyside-Billing Recs and
Aff-8/9/2013 (VNJ0733VNJ0737)

54

H, R, O
Foundation,
Pl has failed
to fully
answer
discovery
related to
Pl’s prior
medical
providers
H, R, O
Foundation,
Pl has failed
to fully
answer
discovery
related to
Pl’s prior
medical
providers
H, R, O
Foundation,
Pl has failed
to fully
answer
discovery
related to
Pl’s prior
medical
providers
H, R, O
Foundation,
Pl has failed
to fully
answer
discovery
related to
Pl’s prior
medical
providers
H, R, O
Foundation,
Pl has failed
to fully
answer
discovery

UPMC Presbyterian
Shadyside-Updated records
- NO AFFIDAVIT (VNJ0738VNJ0959)

16

55

Raintree Chiro-Medical Recs
and Aff-6/27/14 (VNJ0960VNJ0982)

56

Raintree Chiro-Billing Recs
and Aff-8/12/13-8/20/13
(VNJ0983-VNJ0984)

57

Research Med CenterMedical Recs and Aff8/9/13-5/27/14 (VNJ0985VNJ1001)

58

related to
Pl’s prior
medical
providers
H, R, O
Foundation,
Pl has failed
to fully
answer
discovery
related to
Pl’s prior
medical
providers
H, R, O
Foundation,
Pl has failed
to fully
answer
discovery
related to
Pl’s prior
medical
providers
H, R, O
Foundation,
Pl has failed
to fully
answer
discovery
related to
Pl’s prior
medical
providers
H, R, O
Foundation,
Pl has failed
to fully
answer
discovery
related to
Pl’s prior
medical
providers

Research Med CenterBilling Recs and Aff
(VNJ1002-VNJ1005)

17

59

Providence Med CenterBilling Recs and Aff10/28/13-2/3/14 (VNJ1006VNJ1008)

60

Providence Med CenterBilling Recs and Aff
(VNJ1009-VNJ1011)

61

Neurosurgery Assoc. of
KC-Medical Recs and Aff
2013-6/4/14 (VNJ1012VNJ1045)

62

Neurosurgery Assoc. of
KC-Billing Recs and Aff
2013-6/4/14 (VNJ1046VNJ1047)

63

H, R, O
Foundation,
Pl has failed
to fully
answer
discovery
related to
Pl’s prior
medical
providers
H, R, O
Foundation,
Pl has failed
to fully
answer
discovery
related to
Pl’s prior
medical
providers
H, R, O
Foundation,
Pl has failed
to fully
answer
discovery
related to
Pl’s prior
medical
providers
H, R, O
Foundation,
Pl has failed
to fully
answer
discovery
related to
Pl’s prior
medical
providers
H, R, O
Foundation,
Pl has failed
to fully
answer
discovery

KCOI-Medical Recs and
Aff - 8/13-6/14 (VNJ1048VNJ1066)

18

64

related to
Pl’s prior
medical
providers
H, R, O
Foundation,
Pl has failed
to fully
answer
discovery
related to
Pl’s prior
medical
providers
H, R, O
Foundation,
Pl has failed
to fully
answer
discovery
related to
Pl’s prior
medical
providers
H, R, O
Foundation,
Pl has failed
to fully
answer
discovery
related to
Pl’s prior
medical
providers
H, R, O
Foundation,
Pl has failed
to fully
answer
discovery
related to
Pl’s prior
medical
providers

KCOI-Billing Recs and Aff 8/13-6/14 (VNJ1067VNJ1072)

65

Alliance Radiology-Billing
Recs and Aff 8/9/138/18/14 (VNJ1073VNJ1074)

66

Tri-State Neuro Assoc. Medical Recs and Aff
(VNJ1075-VNJ1103)

67

Tri-State Neuro Assoc.Billing Recs and Aff
(VNJ1104-VNJ1106)

19

68

Dr. Steven Robke-Medical
Recs and Aff-8/14/139/6/13 (VNJ1107-VNJ1163

69

Dr. Steven Robke-Record
Update 17/8/14-3/7/15
(VNJ1164-VNJ1166)

70

Dr. Steven Robke-Billing
Recs and Aff-8/14/138/21/14 (VNJ1167-VNJ1226

71

Dr. Steven Robke-Billing
Update 17/8/14-8/31/14
(VNJ1227-VNJ1229)

72

H, R, O
Foundation,
Pl has failed
to fully
answer
discovery
related to
Pl’s prior
medical
providers
H, R, O
Foundation,
Pl has failed
to fully
answer
discovery
related to
Pl’s prior
medical
providers
H, R, O
Foundation,
Pl has failed
to fully
answer
discovery
related to
Pl’s prior
medical
providers
H, R, O
Foundation,
Pl has failed
to fully
answer
discovery
related to
Pl’s prior
medical
providers
H, R, O
Foundation,
Pl has failed
to fully
answer
discovery

KC Imaging Center-Medical
Recs and Aff-10/28/137/8/14 (VNJ1230VNJ1253)

20

73

KC Imaging CenterBilling Recs and Aff
(VNJ1254-VNJ1263)

74

KC Imaging CenterItemized Billing Recs12/23/14 (VNJ1264VNJ1265)

75

University of Pittsburgh
Physicians-Medical Recs
and Aff -1/3/14 (VNJ1266VNJ1274)

76

related to
Pl’s prior
medical
providers
H, R, O
Foundation,
Pl has failed
to fully
answer
discovery
related to
Pl’s prior
medical
providers
H, R, O
Foundation,
Pl has failed
to fully
answer
discovery
related to
Pl’s prior
medical
providers
H, R, O
Foundation,
Pl has failed
to fully
answer
discovery
related to
Pl’s prior
medical
providers
H, R, O
Foundation,
Pl has failed
to fully
answer
discovery
related to
Pl’s prior
medical
providers

University of Pittsburgh
Physicians-Billing Recs and
Aff (VNJ1275-VNJ1283)

21

77

78

H, R, O
Foundation,
Pl has failed
to fully
answer
discovery
related to
Pl’s prior
medical
providers
H, R, O
Foundation,
Pl has failed
to fully
answer
discovery
related to
Pl’s prior
medical
providers
H, R, O
Foundation,
Pl has failed
to fully
answer
discovery
related to
Pl’s prior
medical
providers
H, R, O
Foundation,
Pl has failed
to fully
answer
discovery
related to
Pl’s prior
medical
providers
H, R, O
Foundation,
Pl has failed
to fully
answer
discovery

Interventional Pain
Management-Medical Recs
and Aff - 8/9/13-5/2/14
(VNJ1284-VNJ1299)

Interventional Pain
Management-Billing Recs
and Aff-2/7/14 (VNJ1300VNJ1301)

79

Centerpoint Ambulatory
Surgery Center-Medical
Recs and Aff-8/6/141/21/15 (VNJ1302VNJ1352)

80

Centerpoint Ambulatory
Surgery Center-Billing Recs
and Aff- (VNJ1353VNJ1354)

81

Drisko Fee & ParkinsMedical Recs and Aff
(VNJ1355-VNJ1363)

22

82

Drisko Fee & ParkinsBilling Recs and Aff
(VNJ1364-VNJ1365)

83

Drisko Fee & ParkinsBilling Recs and Aff
(VNJ1366-VNJ1367)

84

Jo Co AnesthesiologistsBilling Recs and Aff-9/13/142/23/15 (VNJ1368VNJ1369)

85

related to
Pl’s prior
medical
providers
H, R, O
Foundation,
Pl has failed
to fully
answer
discovery
related to
Pl’s prior
medical
providers
H, R, O
Foundation,
Pl has failed
to fully
answer
discovery
related to
Pl’s prior
medical
providers
H, R, O
Foundation,
Pl has failed
to fully
answer
discovery
related to
Pl’s prior
medical
providers
H, R, O
Foundation,
Pl has failed
to fully
answer
discovery
related to
Pl’s prior
medical
providers

Olathe Medical ServicesBilling Recs and Aff8/27/13-2/23/15
(VNJ1370-VNJ1372)

23

86

Anesthesia Assoc. of KCBilling Recs and Aff12/2/14(VNJ1373VNJ1375)

87

DJO, LLC-Billing Recs and
Aff-12/2/14 (VNJ1376VNJ1377)

88

Dr. Feigenbaum-Medical
Recs and Aff -5/12/15
(VNJ1378-VNJ1380)

89

Dr. Feigenbaum-Billing
Recs and Aff-5/12/15
(VNJ1381-VNJ1382)

90

H, R, O
Foundation,
Pl has failed
to fully
answer
discovery
related to
Pl’s prior
medical
providers
H, R, O
Foundation,
Pl has failed
to fully
answer
discovery
related to
Pl’s prior
medical
providers
H, R, O
Foundation,
Pl has failed
to fully
answer
discovery
related to
Pl’s prior
medical
providers
H, R, O
Foundation,
Pl has failed
to fully
answer
discovery
related to
Pl’s prior
medical
providers
H, R, O
Foundation,
Pl has failed
to fully
answer
discovery

KC Pain Center-Billing Recs
and Aff-1/1/15-7/7/15
(VNJ1383-VNJ1393)

24

91

92

93

94

related to
Pl’s prior
medical
providers
H, R, O
Foundation,
Pl has failed
to fully
answer
discovery
related to
Pl’s prior
medical
providers
H, R, O
Foundation,
Pl has failed
to fully
answer
discovery
related to
Pl’s prior
medical
providers
H, R, O
Foundation,
Pl has failed
to fully
answer
discovery
related to
Pl’s prior
medical
providers
H, R, O
Foundation,
Pl has failed
to fully
answer
discovery
related to
Pl’s prior
medical
providers

Catalyst Health CenterMedical Recs and Aff4/1/15-8/13/15 (VNJ1394VNJ1650)

Catalyst Health CenterBilling Recs- NO
AFFIDAVIT (VNJ1651VNJ1666)

Johnson County Ortho &
Sports Medicine- Medical
Recs and Aff (VNJ1667VNJ1698)

Johnson County Ortho &
Sports Medicine- Medical
Recs and Aff (VNJ1699VNJ1706)

25

95

Catalyst Health CenterMedical/Billing Records and
Affidavit- 8/13/15-3/28/18
(1707-2079)

96

KC Pain CenterMedical/Billing Records
and Affidavit (20802177)

97

98

99

H, R, O
Foundation,
Pl has failed
to fully
answer
discovery
related to
Pl’s prior
medical
providers
H, R, O
Foundation,
Pl has failed
to fully
answer
discovery
related to
Pl’s prior
medical
providers
H, R, O
Foundation,
Pl has failed
to fully
answer
discovery
related to
Pl’s prior
medical
providers
H, R, O
Foundation,
Pl has failed
to fully
answer
discovery
related to
Pl’s prior
medical
providers,
and Pl has
not provided
exhibit
H, R, O
Foundation,

Shawnee Mission Medical
Center-Medical Records
(2178-2203)

Medical Specials Summary

Medical Specials Summary
with Bills Attached
26

100

101

102

103

Pl has failed
to fully
answer
discovery
related to
Pl’s prior
medical
providers,
and Pl has
not provided
exhibit
H, R, O
Foundation,
Pl has failed
to fully
answer
discovery
related to
Pl’s prior
medical
providers,
and Pl has
not provided
exhibit
R

Summary of Expenses with
Bills Attached

Defendant Anderson's
Answer to Plaintiff's
Petition for Damages
(Complaint)

R

Defendant Anderson's
response to Plaintiff's
Motion for Partial Summary
Judgment
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
27

106

107

108

109

110

H, R, O
Foundation,
Pl has failed
to fully
answer
discovery
related to
Pl’s prior
medical
providers
H, R, O
Foundation,
Pl has failed
to fully
answer
discovery
related to
Pl’s prior
medical
providers
H, R, O
Foundation,
Pl has failed
to fully
answer
discovery
related to
Pl’s prior
medical
providers
H, R, O
Foundation,
Pl has failed
to fully
answer
discovery
related to
Pl’s prior
medical
providers
H, R, O
Foundation,
Pl has failed
to fully
answer
discovery

Disk 1- Coliseum Imaging
Center 8/15/2013 CSP/TSP

Disk 2- Coliseum Imaging
Center 8/15/2013 CSP/TSP

Disk 3- Kansas City
Imaging Center 10/28/2013
MRI Right and Left
Shoulder Arthrogram

Disk 4- Providence Medical
Center 10/28/2013 &
2/3/2014 Shoulder
Arthrogram

Disk 5- Emergent Care Plus
12/12/2013 CXR

28

111

related to
Pl’s prior
medical
providers
H, R, O
Foundation,
Pl has failed
to fully
answer
discovery
related to
Pl’s prior
medical
providers
H, R, O
Foundation,
Pl has failed
to fully
answer
discovery
related to
Pl’s prior
medical
providers
H, R, O
Foundation,
Pl has failed
to fully
answer
discovery
related to
Pl’s prior
medical
providers
H, R, O
Foundation,
Pl has failed
to fully
answer
discovery
related to
Pl’s prior
medical
providers

Disk 6- UPMC 1/8/2014
MRI Thoracic Spine

112

Disk 7- Grand Strand
Regional Medical Center
1/9/2014 Cervical Spine 2-3
V AP/LAT

113

Disk 8- Kansas City
Imaging Center 2/3/2014
CXR with Nipple Markers

114

Disk 9- Kansas City
Imaging Center 2/18/2014
CXR C-Spine

29

115

116

117

118

119

H, R, O
Foundation,
Pl has failed
to fully
answer
discovery
related to
Pl’s prior
medical
providers
H, R, O
Foundation,
Pl has failed
to fully
answer
discovery
related to
Pl’s prior
medical
providers
H, R, O
Foundation,
Pl has failed
to fully
answer
discovery
related to
Pl’s prior
medical
providers
H, R, O
Foundation,
Pl has failed
to fully
answer
discovery
related to
Pl’s prior
medical
providers
H, R, O
Foundation,
Pl has failed
to fully
answer
discovery

Disk 10- Olathe Medical
Center 2/19/2014 CT
Thorax with Contrast

Disk 11- Menorah Medical
Center 2/19/2014 CT
Thoracic Spine with Contrast
& CR Myelogram Spine
Thoracic

Disk 12- Providence
Medical Center 12/23/2014
MRI Wrist Arthrograms

Disk 13- Catalyst Health
Center 4/1/2015 X-Rays

Disk 14- Coliseum Imaging
Center 4/9/2015 MRI
Cervical/Thoracic

30

120

Disk 15- Coliseum Imaging
Center 4/9/2015 MRI
Cervical/Thoracic

121

related to
Pl’s prior
medical
providers
H, R, O
Foundation,
Pl has failed
to fully
answer
discovery
related to
Pl’s prior
medical
providers
H, R, O
Foundation,
Pl has failed
to fully
answer
discovery
related to
Pl’s prior
medical
providers
H, R, O
Foundation,
Pl has failed
to fully
answer
discovery
related to
Pl’s prior
medical
providers
R

Disk 16- Catalyst Health
Center 6/28/2017 X-Rays:
Lateral Cervical View, AP
Thoracic, AP Lumbar,
Lateral Lumbar, and 6 BiLateral Shoulder Views (3
views per Shoulder)

122

123

124

Disk 17- Catalyst Health
Center 4/23/2018 X-Rays:
AP, Lateral, Lateral
Flexion, and Lateral
Extension Views

Defendant Edward R.
Anderson's Responses to
Plaintiff's Request for
Production of Documents
David Russell- Shoulder
Surgery Photograph Page
1 (Images 001 - 006)

31

125

126

127

David Russell- Shoulder
Surgery Photograph Page
2 (Images 007 - 012)
David Russell- Shoulder
Surgery Photograph Page
3 (Images 013 - 018)
David Russell- Shoulder
Surgery Photograph Page
4 (Images 019 - 024)

128

Model of Spine to be
Illustrated by Dr. Swaim

129

MRI Image: (AXL T2- AFR)
T3-T4 Disc Protrusion Herniation vs Large Disc
Bulge (5 IMA 4 without
Verbiage added)

130

H, R, O
Pl has failed
to fully
answer
discovery
related to
Pl’s prior
medical
providers,
and Pl has
not provided
exhibit
H, R, O
Pl has failed
to fully
answer
discovery
related to
Pl’s prior
medical
providers,
and Pl has
not provided
exhibit
H, R, O
Pl has failed
to fully
answer
discovery
related to
Pl’s prior
medical
providers,
and Pl has

MRI Image: (AX: T2-AFR)
T3-T4 Disc Protrusion Herniation vs Large Disc
Bulge (5 IMA 4 with
Verbiage added)

32

131

MRI Image (SAG T2-HAL)
of Spine showing T3-T4
Disc Protrusion- Large
Disc bulge vs disc
Herniation based on
Horizontal views AND T10T11 Disc Bulge (4 IMA 8
with Verbiage added)

132

MRI Image: (SAG T2HAL)(SAG T2-HAL) of
Spine showing T3-T4 Disc
Protrusion- Large Disc
bulge vs disc Herniation
based on Horizontal views
AND T10-T11 Disc Bulge (4
IMA 8 without Verbiage
added)

133

Colored Illustration of
Brachial Plexus to Arm

134

not provided
exhibit
H, R, O
Pl has failed
to fully
answer
discovery
related to
Pl’s prior
medical
providers,
and Pl has
not provided
exhibit
H, R, O
Pl has failed
to fully
answer
discovery
related to
Pl’s prior
medical
providers,
and Pl has
not provided
exhibit
H, R, O
Pl has failed
to fully
answer
discovery
related to
Pl’s prior
medical
providers,
and Pl has
not provided
exhibit
H, R, O
Pl has failed
to fully
answer
discovery
related to
Pl’s prior
medical

Image of Cadaver showing
Brachial Plexus

33

135

Image of Cadaver showing a
labeled view of the Brachial
Plexus (With Labels)

136

Colored Illustration of Spinal
Cord and nerves- Titled
"Spinal Nerve Anatomy"

137

Colored Illustration of full
body showing Nerve
Distribution throughout

138

providers,
and Pl has
not provided
exhibit
H, R, O
Pl has failed
to fully
answer
discovery
related to
Pl’s prior
medical
providers,
and Pl has
not provided
exhibit
H, R, O
Pl has failed
to fully
answer
discovery
related to
Pl’s prior
medical
providers,
and Pl has
not provided
exhibit
H, R, O
Pl has failed
to fully
answer
discovery
related to
Pl’s prior
medical
providers,
and Pl has
not provided
exhibit
H, R, O
Pl has failed
to fully
answer
discovery
related to

Colored Illustration of a
Nerve and its parts, and
how it passes through the
Vertebra

34

139

140

Pl’s prior
medical
providers,
and Pl has
not provided
exhibit
H, R, O
Pl has failed
to fully
answer
discovery
related to
Pl’s prior
medical
providers,
and Pl has
not provided
exhibit
H, R, O
Pl has failed
to fully
answer
discovery
related to
Pl’s prior
medical
providers,
and Pl has
not provided
exhibit
H, R, O
Pl has failed
to fully
answer
discovery
related to
Pl’s prior
medical
providers,
and Pl has
not provided
exhibit
H, R, O
Pl has failed
to fully
answer

Colored Illustration showing
Spinal Nerves and how they
communicate/send signals
between the spinal cord
and the body

Image of Cadaver showing
Spinal Cord Anatomy
(Including: Spinal Cord,
Dura, Conus Medullaris and
Cauda Equina) (With
Labels)

141

Image of Cadaver showing
Spinal Cord and articulated
nerves and their parts
(With Labels)

142

Colored Illustration of
Cross Section of Spinal

35

discovery
related to
Pl’s prior
medical
providers,
and Pl has
not provided
exhibit
H, R, O
Pl has failed
to fully
answer
discovery
related to
Pl’s prior
medical
providers,
and Pl has
not provided
exhibit
H, R, O
Pl has failed
to fully
answer
discovery
related to
Pl’s prior
medical
providers,
and Pl has
not provided
exhibit
H, R, O
Pl has failed
to fully
answer
discovery
related to
Pl’s prior
medical
providers,
and Pl has
not provided
exhibit

Cord with Labeled parts
and Nerves

143

Colored Illustration of the
anterior view of the "Spinal
Cord Blood Supply" (With
Labels)

144

Colored Image of Model
showing full-length of Spinal
Cord with Articulating
Nerves (Labeled)

145

MRI Image of Mr. Russell
with "Head extended
Backwards; The C4
Vertebra is in good
relationship to the C5
Vertebra, the same when
the head is in neutral
position" (With Verbiage)

36

146

H, R, O
Pl has failed
to fully
answer
discovery
related to
Pl’s prior
medical
providers,
and Pl has
not provided
exhibit
H, R, O
Pl has failed
to fully
answer
discovery
related to
Pl’s prior
medical
providers,
and Pl has
not provided
exhibit
H, R, O
Pl has failed
to fully
answer
discovery
related to
Pl’s prior
medical
providers,
and Pl has
not provided
exhibit
H, R, O
Pl has failed
to fully
answer
discovery
related to
Pl’s prior
medical
providers,
and Pl has

MRI Image of Mr. Russell
with head flexed downward

147

MRI Image of Mr. Russell
with "head flexed downward
the C4 Vertebra displaces
Forward in Relationship to
the C5 Vertebra
(Anterolisthesis)" (With
Verbiage)

148

MRI Image of Mr. Russell
with head flexed downward
showing the increased angle
between the C4 Vertebra
and C5 Vertebra (With
Verbiage)

149

MRI Image of Mr. Russell
with head in Neutral
Position

37

150

151

152

153

not provided
exhibit
H, R, O
Pl has failed
to fully
answer
discovery
related to
Pl’s prior
medical
providers,
and Pl has
not provided
exhibit
H, R, O
Pl has failed
to fully
answer
discovery
related to
Pl’s prior
medical
providers,
and Pl has
not provided
exhibit
H, R, O
Pl has failed
to fully
answer
discovery
related to
Pl’s prior
medical
providers,
and Pl has
not provided
exhibit
H, R, O
Pl has failed
to fully
answer
discovery
related to
Pl’s prior
medical

MRI Image of Mr. Russell
with head in Neutral
Position showing the C4
Vertebra is not displaces in
relationship to the C5
Vertebra (With Verbiage)

MRI Image of Mr. Russell
with head in Neutral
Position showing the angle
between the C4 Vertebra
and the C5 Vertebra is
negligible (With Verbiage)

MRI Image (side-by-side)
of C5-C6 Level with Large
Disc Herniation into the
Spinal Canal with Severe
Spinal Cord Compression
next to C4-C5 with mild
disc bulge (With Verbiage)

MRI Image showing Large
C5-C6 Disc Herniation into
the Spinal Canal (With
Verbiage)

38

154

155

156

157

providers,
and Pl has
not provided
exhibit
H, R, O
Pl has failed
to fully
answer
discovery
related to
Pl’s prior
medical
providers,
and Pl has
not provided
exhibit
H, R, O
Pl has failed
to fully
answer
discovery
related to
Pl’s prior
medical
providers,
and Pl has
not provided
exhibit
H, R, O
Pl has failed
to fully
answer
discovery
related to
Pl’s prior
medical
providers,
and Pl has
not provided
exhibit
H, R, O
Pl has failed
to fully
answer
discovery
related to

MRI Image showing Spinal
Cord Damage
"Myelomalacia" (With
Verbiage)

MRI Image showing C5-C6
Disc Herniation and Spinal
Cord Damage (With
Verbiage)

MRI Image (RADAR Sag
T2 FSE HR) showing
Persistent Post-Operative
Spinal Cord Impingement
and Persistent signs of
Spinal Cord Damage (6
IMA 7 with Verbiage)

MRI Image (AXL T2 AF)
showing C5-C6 Disc
Herniation and Spinal Cord
Damage
(8 IMA 17 with Verbiage)
39

158

159

Pl’s prior
medical
providers,
and Pl has
not provided
exhibit
H, R, O
Pl has failed
to fully
answer
discovery
related to
Pl’s prior
medical
providers,
and Pl has
not provided
exhibit
H, R, O
Pl has failed
to fully
answer
discovery
related to
Pl’s prior
medical
providers,
and Pl has
not provided
exhibit
H, R, O
Pl has failed
to fully
answer
discovery
related to
Pl’s prior
medical
providers,
and Pl has
not provided
exhibit
H, R, O
Pl has failed
to fully
answer

MRI Image (AXL T2 AF)
showing C5-C6 Disc
Herniation and Spinal Cord
Damage
(9 IMA 18 with Verbiage)

MRI Image (AXL AF)
Showing C5-C6 Disc
Herniation and
Compressed Spinal Cord
(9 IMA 18 with Verbiage)

160

MRI Image (RADAR Sag
T2 FSE HR) C Spine (6
IMA 7)

161

MRI Image (SAG T2 HR)
HFS Position (3 IMA 8)

40

162

163

164

165

discovery
related to
Pl’s prior
medical
providers,
and Pl has
not provided
exhibit
H, R, O
Pl has failed
to fully
answer
discovery
related to
Pl’s prior
medical
providers,
and Pl has
not provided
exhibit
H, R, O
Pl has failed
to fully
answer
discovery
related to
Pl’s prior
medical
providers,
and Pl has
not provided
exhibit
H, R, O
Pl has failed
to fully
answer
discovery
related to
Pl’s prior
medical
providers,
and Pl has
not provided
exhibit
H, R, O

MRI Image (AXL T2 AF)
HFS Position (9 IMA 18)

MRI Image (AXL T2 AF)
HFS Position (9 IMA 18 with
Verbiage)

MRI Image (AXL T2 AF)
HFS Position
(8 IMA 17)

MRI Image (AXL T2 AF)
HFS Position (9 IMA 18)
41

166

MRI Image (SAG T2HR)
HFS Position (3 IMA 10)

167

Pl has failed
to fully
answer
discovery
related to
Pl’s prior
medical
providers,
and Pl has
not provided
exhibit
H, R, O
Pl has failed
to fully
answer
discovery
related to
Pl’s prior
medical
providers,
and Pl has
not provided
exhibit
H, R, O
Pl has failed
to fully
answer
discovery
related to
Pl’s prior
medical
providers,
and Pl has
not provided
exhibit
H, R, O
Pl has failed
to fully
answer
discovery
related to
Pl’s prior
medical
providers,
and Pl has

MRI Image (Scanogram
SCA A) C Spine HFS
Position (3 IMA 15)

168

Dr. Swaim's Report

42

not provided
exhibit

169

Any and All of Defendant's
Trial Exhibits

170

171
400
1414J

401
7,8,
9,
10,
11

H, R, O
Pl has failed
to fully
answer
discovery
related to
Pl’s prior
medical
providers,
and Pl has
not provided
exhibit

BLOW-UPS and/or
Colored Illustrations of
any trial exhibits marked
above

402

403

Rebuttal Exhibits
Photographs of Plaintiff’s
motorcycle (Anderson
#000024-000068)
Photographs of Plaintiff’s
tent (Anderson #000002,
000004, 000006, 000008,
000010, 000013, 000014,
000017-000019, 000021)
Photographs of scene of
accident (Anderson
#000086-000093)
Photographs of
Defendant’s vehicle
(Anderson Depo Ex Nos.
7-11)
Office note, Larry Harris,
M.D., Johnson County
Ortho, dated 1/17/12
(VNJ1702-1704)
Electrodiagnostic Study
Report and Nerve
Conduction Studies, Vito J.
Carabetta, M.D., dated
1/18/12

43

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)
44

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

45

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

46

OBJECTIONS
R: Relevancy
H: Hearsay
A: Authenticity
O: Other (specify)
31-326/747094

47