McCabe v. Wal-Mart Stores, Inc. et al

Filing 59

ORDER Granting 58 Amended Joint Pretrial Order filed by Wal-Mart Stores, Inc. Jury Trial set for 8/9/2016 at 09:00 AM in LV Courtroom 6D before Judge Jennifer A. Dorsey. Calendar Call set for 8/1/2016 at 01:30 PM in LV Courtroom 6D before Judge Jennifer A. Dorsey. Motions due by 7/1/2016. Trial Briefs, Proposed Jury Instructions, and Proposed Voir Dire due by 8/1/2016. Signed by Judge Jennifer A. Dorsey on 12/15/2015. (Copies have been distributed pursuant to the NEF - NEV)

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BRENDA H. ENTZMINGER
Nevada Bar No. 9800
PHILLIPS, SPALLAS & ANGSTADT LLC
504 South Ninth Street
Las Vegas, Nevada 89101
[phone]
Attorneys for Defendants
Wal-Mart Stores, Inc. and
Walmart Neighborhood Market

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA

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SUSIE MCCABE,
Plaintiff,

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CASE NO: 2:14-cv-01987-JAD-CWH

v.

AMENDED JOINT PRETRIAL
ORDER

WAL-MART STORES, INC, WAL-MART
NEIGHBORHOOD MARKET, DOE
MAINTENANCE EMPLOYEE, DOE
EMPLOYEE, DOE JANITORIAL
EMPLOYEE, DOE OWNER, I-V, ROE
OWNERS, ROE EMPLOYER, and ROE
COMPANIES.

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Defendants.

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JOINT PRETRIAL ORDER

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Following pretrial proceedings in this cause,
IT IS ORDERED:
I.

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This is an action for:
The underlying lawsuit pertains to an alleged slip and fall incident which occurred on
November 4, 2012 at a Walmart Grocery store in Las Vegas, NV. See McCabe Complaint, Dkt. No. 1.
As a result of this incident, Plaintiff Susie McCabe alleges she was injured.

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II.

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Statement of Jurisdiction:

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On December 16, 2014, this case was removed to Federal Court pursuant to 28 U.S.C. 1332,

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1441(a), and 1466(a) based upon diversity jurisdiction. Defendant Wal-Mart is a Delaware

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corporation with its principal place of business in the State of Arkansas and is therefore a citizen of

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the Stte of Delaware and the State of Arkansas.

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III.

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The following facts are admitted by the parties and require no proof:
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On November 4, 2012, SUSIE MCCABE was a patron of Wal-Mart Neighborhood

Store located at 1400 S. Lamb Blvd., Las Vegas NV 89104.

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IV.
The following facts, though not admitted, will not be contested at trial by evidence to the
contrary:
1. None
V.

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The following are the issues of fact to be tried and determined upon trial. Should counsel be

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unable to agree upon the statement of issues of fact or law, the joint pretrial order should include

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separate statements of issues of fact or law to be tried and determined upon trial. (Each issue of fact

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must be stated separately and in specific terms.):

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1. Whether Defendant was negligent.;

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2. Whether Plaintiff was comparatively negligent.
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3. Whether ;
The reasonable value of the damages incurred to Plaintiff

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4. Whether the medical care and treatment received by Plaintiff was reasonable and
necessary as a result of the subject incident. Whether the medical care and treatment

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received by Plaintiff was causally related to the incident concerned in this litigation.

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5. VI.
The following are the issues of law to be tried and determined upon trial:
1.

The amount of negligence, if any, attributable to each party in this litigation.

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2.

Whether the subject incident was the proximate cause of the medical care,

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treatment and other damages alleged by Plaintiff.

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VII.
(a) The following exhibits are stipulated into evidence in this case and may be so marked by
the clerk:

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(b) 1) Plaintiff’s exhibits: None.

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(c) 2) Defendant’s exhibits: None.

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Plaintiff’s List of Exhibits that will be offered in evidence:

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1. Plaintiff’s Filed Complaint;

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101. Medical and billing records from Advanced Occupational Health Records for Plaintiff,

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SUSIE MCCABE;

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102. Medical and billing records from Nevada Spine Clinic for Plaintiff, SUSIE MCCABE;

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103. Additional medical and billing records from Diagnostic Imaging of Southern Nevada for

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Plaintiff, SUSIE MCCABE;

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104. Medical and billing records from Las Vegas Radiology for Plaintiff, SUSIE MCCABE;

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105. Medical and billing records from Valley Hospital Medical Center for Plaintiff, SUSIE

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MCCABE;
106. Medical and billing records from Western Regional Center for Brain & Spine Surgery for
Plaintiff, SUSIE MCCABE;

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107. Medical and billing records from Well Care Pharmacy for Plaintiff, SUSIE MCCABE;

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108. Medical and billing records from David Ross, M.D. for Plaintiff, SUSIE MCCABE;

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109. Medical report and estimate of future medical expenses from Dr. Stuart Kaplan, M.D. for

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Plaintiff, SUSIE MCCABE;

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110. Billing records from Goetz Do LLC for Plaintiff, SUSIE MCCABE;

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111. Walmart’s Customer Statement by Plaintiff, SUSIE MCCABE;

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112. Curriculum Vitae, Fee Schedule and Testimony List of Mark Kabins, M.D.;

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113. Independent Medical Examination/Comprehensive Medicolegal Assessment report dated

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May 18, 2015 of Mark Kabins, M.D., regarding Plaintiff, SUSIE MCCABE;
114. Additional medical and billing records from Valley Hospital Medical Center for Plaintiff,
SUSIE MCCABE;
115. Comprehensive Medical Records Review report dated June 1, 2015 of Mark Kabins, M.D.,
regarding Plaintiff, SUSIE MCCABE;

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116. Curriculum Vitae, Fee Schedule and Testimony List of Mark Kabins, M.D.;

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117. Curriculum Vitae & Fee Schedule of Joseph T. Crouse, Ph.D.;

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118. Medical Care Cost Summary report dated June 2, 2015 of Joseph T. Crouse, Ph.D.,

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regarding Plaintiff, SUSIE MCCABE;
119. Curriculum Vitae, Fee Schedule and Testimony of Stuart S. Kaplan, M.D., regarding
Plaintiff, SUSIE MCCABE;
120. Medical Records Review report dated June 4, 2015 of Stuart S. Kaplan, M.D., regarding
Plaintiff, SUSIE MCCABE;

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121. Curriculum Vitae, Fee Schedule and Testimony List of Frank A. Perez, Ph.D.;

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122. Preliminary Report dated July 3, 2015 for Plaintiff, SUSIE MCCABE by Frank A. Perez,

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Ph.D.;
123. Curriculum Vitae, Fee Schedule and Testimony List of Hans Jorge Rosler, M.D.;

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124. First Addendum to Comprehensive Medical Record Review report dated June 30, 2015 of
Mark Kabins, M.D., regarding Plaintiff, SUSIE MCCABE;
125. Medical records from Las Vegas Paiute Health & Human Services for Plaintiff, SUSIE
MCCABE;
126. Additional medical and billing records from Western Regional Center for Brain & Spine
Surgery for Plaintiff, SUSIE MCCABE;
127. Rebuttal Report dated August 2, 2015 of Mark Kabins, M.D., regarding Plaintiff, SUSIE
MCCABE;
128. Rebuttal Report dated August 2, 2015 of Stuart S. Kaplan, M.D., regarding Plaintiff, SUSIE
MCCABE;

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129. Deposition transcript of Susie McCabe taken June 9, 2015;

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130. Deposition transcript of Herbert McCabe taken August 3, 2015;

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131. Deposition transcript of Naomi McCabe taken August 3, 2015;

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132. Deposition transcript of Stuart S. Kaplan, M.D., taken August 7, 2015;

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133. Deposition transcript of Hans Jorg Rosler, M.D., taken August 11, 2015;

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134. Deposition transcript of Michael Reid, M.D., taken August 20, 2015;

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135. Deposition transcript of Steven L. McIntire, M.D., taken August 19, 2015;

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136. Deposition transcript of Joseph T. Crouse, Ph.D., taken August 27, 2015;

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137. Deposition transcript of Juan Sanchez taken August 28, 2015;

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138. Deposition transcript of James Sanders, Jr., taken August 28, 2015;

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139. Supplemental Preliminary Report dated September 9, 2015 for Plaintiff, SUSIE MCCABE

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by Frank A. Perez, Ph.D.;
140. Deposition transcript of Frank A. Perez, Ph.D., taken September 9, 2015;

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All exhibits listed by any other party to this litigation.

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All documents identified during discovery in this litigation.

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All pleadings filed in the case

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All responses to any Interrogatories and/or Request for Admissions by any Defendant in this

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litigation.

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All depositions including exhibits

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Rebuttal and/or impeachment documents.

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Plaintiff reserves the right to supplement this list as the discovery process continues.

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Defendant’s List of Exhibits that will be offered in evidence:
A. Store Incident Report, dated November 4, 2012 WM 2014-25851-0002 through WM

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2014-025851-0003;
B.

Customer Statement of Susie McCabe, dated November 4, 2012 WM 2014-25851-

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0001;

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C. Walmart policies and procedures on closing as of date of incident; WM 2014-030530-

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0126 through -0141; WM 2014-030530-0146 through -0148; WM 2014-030530-0174; WM

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2014-030530-0185 through -0241; WM 2014-030530-0273 through -0274; WM 2014-

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030530-0284 through -0285; WM 2014-030530-0292 through -0294; WM 2014-03053018
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0299 through -0300; WM 2014-030530-0311 through -0313; WM 2014-030530-0316

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through -0317; WM 2014-030530-0356 through -0359; WM 2014-030530-0380 through -

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0383; WM 2014-030530-0388 through -0390; WM 2014-030530-0396 through -0397; WM

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2014-030530-0400 through -0402; WM 2014-030530-0430 through -0431; WM 2014-

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030530-0437 through -0438; WM 2014-030530-0447 through -0448; WM 2014-030530-

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0450 through -0452; WM 2014-030530-0461 through -0517; WM 2014-030530-0693

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through -0694; WM 2014-030530-0699 through -0704; WM 2014-030530-0712 through 0713; WM 2014-030530-0719 through -0721; WM 2014-030530-0725;

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D. Walmart policies and procedures on Customer Incident Claims Process as of date of

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incident; WM 2014-30530-0746 through WM 2014-30530-076;

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E. Walmart structural repair scope of work WM-30530-0763-WM-30530-0766

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F. any and all medical records and billings disclosed and/or produced by Plaintiff
G. Dr. McIntire’s reports,

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H. Dr. McIntire’s curriculum vitae,

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I. Dr. McIntire’s testimony list,

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J. Dr. McIntire’s publication list

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K. Dr. Mcintire’s fee schedules

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L. Dr. McIntire’s record review Dated May 1, 2015,

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M. Dr. McIntire’s IME Report dated June 16, 2015
N. Dr. McIntire’s supplemental report dated September 2, 2015

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P. Dr. Reid’s reports dated May 12, 2015 and June 16, 2015,

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Q. Dr. Reid’s curriculum vitae,

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R. Dr. Reid’s testimony list,

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S. Dr. Reid’s publication list

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T. Dr. Reid’s fee schedules

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U. Any and all Rule 26(a) disclosures, supplements thereto and discovery responses

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produced by Plaintiff in this litigation.
The parties reserve the right to use documents/materials not listed herein for
impeachment purposes.

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(d) As to the following additional exhibits the parties have reached the stipulations stated:

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(1) Set forth stipulations as to Plaintiff’s exhibits.

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None1

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(2) Set forth stipulations as to Defendant’s exhibits.

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None. Defendant does not stipulate that the medical treatments and bills are

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reasonable, customary, and causally related to Plaintiff’s injuries at issue.

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(e) As to the following exhibits, the party against whom the same will be offered objects to

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their admission upon the grounds stated:

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1)

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NOS.129-128 140: FRE: 802,901, 403

5)

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NOS. 101-108,110,114,125-126: FRE: 802,901,403

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NOS. 1, 109-124, 127-128, 139: FRE 702,802,901, 403

3)

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Objections to Plaintiff’s exhibits as follows:

2)

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Further, Defendant reserves the right to object to Plaintiff’s exhibits up to the time of trial
based upon the following grounds, including but not limited to” the fact that the

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documents are not relevant, are unfairly prejudicial, are not identified with particularity,

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contain hearsay, lack of foundation, are speculative, are unduly prejudicial, and not

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disclosed during the normal course of discovery.

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(f) Depositions:

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(1) Plaintiff will offer the following depositions:

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(a) Steven L. McIntire, M.D.

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(b) Michael H. Reid, Ph.D.

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The parties each filed motions seeking to limit or preclude certain exhibits. Thus, no stipulation at this time has been
reached, but this list will need to be amended pursuant to the orders from the Court on the pending motions.
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(c) James Sanders Jr.

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(d) Juan Sanchez

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(e) Frank Perez, Ph.D.

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(f) Mary Homan

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(g) Norika Johnson

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(h) Shawna Murolo – depo pending for 11/30/15

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(2) Defendant will offer the following depositions:

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Defendant does not intend to read any depositions at this time, but reserves the

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right to use depositions due to deponent unavailability, to refresh recollection

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and/or impeach deposed witnesses.
(g) Objections to Depositions:
(1) Defendant objects to Plaintiff’s depositions as follows:

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Defendant objects to

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Plaintiff’s proposed use of deposition transcripts as indicated above except for

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permissible use such as witness unavailability, to refresh recollection, or for

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impeachment and to any objections raised at the time of deposition.
(2) Plaintiff objects to Defendant’s depositions as follows: None.

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VIII.

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The following joint witnesses may be called by the parties upon trial:
PLAINTIFF’S WITNESSES
1.

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SUSIE MCCABE, Plaintiff
c/o MORRIS ANDERSON
716 S. Jones Blvd.
Las Vegas, Nevada 89107

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SUSIE MCCABE is the Plaintiff in this action and is expected to provide testimony as to the
facts and circumstances surrounding this incident and the injuries and treatment she received.
2.

PMK of WAL-MART SUPERCENTER
dba WAL-MART STORES, INC.

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c/o Phillips, Spallas, Angstadt, LLC
504 South Ninth Street
Las Vegas, NV 89101

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PMK of WAL-MART SUPERCENTER is a Defendant in this action and is expected to provide
testimony as to the facts and circumstances surrounding this incident
3.

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WAL-MART EMPLOYEE, JUAN SANCHEZ
c/o Phillips, Spallas, Angstadt, LLC
504 South Ninth Street
Las Vegas, NV 89101

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JUAN SANCHEZ was the assistant manager on site at the time of the incident and is a witness
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who is expected to provide testimony as to the facts and circumstances surrounding this incident.
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4.
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WAL-MART EMPLOYEE, PAUL ANGELOTTI
c/o Phillips, Spallas, Angstadt, LLC
504 South Ninth Street
Las Vegas, NV 89101

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PAUL ANGELOTTI was an employee at the time of the incident and is a witness who is
expected to provide testimony as to the facts and circumstances surrounding this incident.
5.

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DAVID BOLLINGER was an employee at the time of the incident and is a witness who is
expected to provide testimony as to the facts and circumstances surrounding this incident.
6.

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WAL-MART EMPLOYEE, DAVID BOLLINGER
c/o Phillips, Spallas, Angstadt, LLC
504 South Ninth Street
Las Vegas, NV 89101

WAL-MART EMPLOYEE, JAMES BROWN
c/o Phillips, Spallas, Angstadt, LLC
504 South Ninth Street
Las Vegas, NV 89101

JAMES BROWN was an employee at the time of the incident and is a witness who is expected
to provide testimony as to the facts and circumstances surrounding this incident.
7.

WAL-MART EMPLOYEE, ANTONIO CARRILLO

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c/o Phillips, Spallas, Angstadt, LLC
504 South Ninth Street
Las Vegas, NV 89101

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ANTONIO CARRILLO was an employee at the time of the incident and is a witness who is
expected to provide testimony as to the facts and circumstances surrounding this incident.
8.

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WAL-MART EMPLOYEE, JAMES CROSS
c/o Phillips, Spallas, Angstadt, LLC
504 South Ninth Street
Las Vegas, NV 89101

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JAMES CROSS was an employee at the time of the incident and is a witness who is expected to
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provide testimony as to the facts and circumstances surrounding this incident.
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9.
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WAL-MART EMPLOYEE, ZULEMA DE LA PAZ
c/o Phillips, Spallas, Angstadt, LLC
504 South Ninth Street
Las Vegas, NV 89101

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ZULEMA DE LA PAZ was an employee at the time of the incident and is a witness who is
expected to provide testimony as to the facts and circumstances surrounding this incident.
10.

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JAMES DIFRANCISCO was an employee at the time of the incident and is a witness who is
expected to provide testimony as to the facts and circumstances surrounding this incident.
11.

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WAL-MART EMPLOYEE, JAMES DIFRANCISCO
c/o Phillips, Spallas, Angstadt, LLC
504 South Ninth Street
Las Vegas, NV 89101

WAL-MART EMPLOYEE, REBECCA DIXON
c/o Phillips, Spallas, Angstadt, LLC
504 South Ninth Street
Las Vegas, NV 89101

REBECCA DIXON was an employee at the time of the incident and is a witness who is
expected to provide testimony as to the facts and circumstances surrounding this incident.
12.

WAL-MART EMPLOYEE, HOLLY DOUANGPRACHANH

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c/o Phillips, Spallas, Angstadt, LLC
504 South Ninth Street
Las Vegas, NV 89101

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HOLLY DOUANGPRACHANH was an employee at the time of the incident and is a witness
who is expected to provide testimony as to the facts and circumstances surrounding this incident.
13.

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WAL-MART EMPLOYEE, KATHLEEN DUPREE
c/o Phillips, Spallas, Angstadt, LLC
504 South Ninth Street
Las Vegas, NV 89101

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KATHLEEN DUPREE was an employee at the time of the incident and is a witness who is
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expected to provide testimony as to the facts and circumstances surrounding this incident.
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14.
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WAL-MART EMPLOYEE, JEFFREYSON ESMENA
c/o Phillips, Spallas, Angstadt, LLC
504 South Ninth Street
Las Vegas, NV 89101

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JEFFREYSON ESMENA was an employee at the time of the incident and is a witness who is
expected to provide testimony as to the facts and circumstances surrounding this incident.
15.

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JESSICA FLORES-NAJERA was an employee at the time of the incident and is a witness who
is expected to provide testimony as to the facts and circumstances surrounding this incident.
16.

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WAL-MART EMPLOYEE, JESSICA FLORES-NAJERA
c/o Phillips, Spallas, Angstadt, LLC
504 South Ninth Street
Las Vegas, NV 89101

WAL-MART EMPLOYEE, CHANNEL FULTZ
c/o Phillips, Spallas, Angstadt, LLC
504 South Ninth Street
Las Vegas, NV 89101

CHANNEL FULTZ was an employee at the time of the incident and is a witness who is
expected to provide testimony as to the facts and circumstances surrounding this incident.
17.

WAL-MART EMPLOYEE, RAMON GONZALEZ

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c/o Phillips, Spallas, Angstadt, LLC
504 South Ninth Street
Las Vegas, NV 89101

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RAMON GONZALEZ was an employee at the time of the incident and is a witness who is
expected to provide testimony as to the facts and circumstances surrounding this incident.
18.

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WAL-MART EMPLOYEE, SONIA GONZALEZ
c/o Phillips, Spallas, Angstadt, LLC
504 South Ninth Street
Las Vegas, NV 89101

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SONIA GONZALEZ was an employee at the time of the incident and is a witness who is
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expected to provide testimony as to the facts and circumstances surrounding this incident.
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19.
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WAL-MART EMPLOYEE, ARTHUR GRAY
c/o Phillips, Spallas, Angstadt, LLC
504 South Ninth Street
Las Vegas, NV 89101

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ARTHUR GRAY was an employee at the time of the incident and is a witness who is expected
to provide testimony as to the facts and circumstances surrounding this incident.
20.

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KATHY HAFF was an employee at the time of the incident and is a witness who is expected to
provide testimony as to the facts and circumstances surrounding this incident.
21.

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WAL-MART EMPLOYEE, KATHY HAFF
c/o Phillips, Spallas, Angstadt, LLC
504 South Ninth Street
Las Vegas, NV 89101

WAL-MART EMPLOYEE, SAMUEL HARRIS
c/o Phillips, Spallas, Angstadt, LLC
504 South Ninth Street
Las Vegas, NV 89101

SAMUEL HARRIS was an employee at the time of the incident and is a witness who is
expected to provide testimony as to the facts and circumstances surrounding this incident.
22.

WAL-MART EMPLOYEE, MARY HAYES

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c/o Phillips, Spallas, Angstadt, LLC
504 South Ninth Street
Las Vegas, NV 89101

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MARY HAYES was an employee at the time of the incident and is a witness who is expected to
provide testimony as to the facts and circumstances surrounding this incident.
23.

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WAL-MART EMPLOYEE, MARY HOMAN
c/o Phillips, Spallas, Angstadt, LLC
504 South Ninth Street
Las Vegas, NV 89101

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MARY HOMAN was an employee at the time of the incident and is a witness who is expected
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to provide testimony as to the facts and circumstances surrounding this incident.
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24.
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WAL-MART EMPLOYEE, KYLE IRWIN
c/o Phillips, Spallas, Angstadt, LLC
504 South Ninth Street
Las Vegas, NV 89101

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KYLE IRWIN was an employee at the time of the incident and is a witness who is expected to
provide testimony as to the facts and circumstances surrounding this incident.
25.

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NORIKO JOHNSON was an employee at the time of the incident and is a witness who is
expected to provide testimony as to the facts and circumstances surrounding this incident.
26.

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WAL-MART EMPLOYEE, NORIKO JOHNSON
c/o Phillips, Spallas, Angstadt, LLC
504 South Ninth Street
Las Vegas, NV 89101

WAL-MART EMPLOYEE, CARMEN LUCERO
c/o Phillips, Spallas, Angstadt, LLC
504 South Ninth Street
Las Vegas, NV 89101

CARMEN LUCERO was an employee at the time of the incident and is a witness who is
expected to provide testimony as to the facts and circumstances surrounding this incident.
27.

WAL-MART EMPLOYEE, JOSE MENDEZ

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c/o Phillips, Spallas, Angstadt, LLC
504 South Ninth Street
Las Vegas, NV 89101

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JOSE MENDEZ was an employee at the time of the incident and is a witness who is expected to
provide testimony as to the facts and circumstances surrounding this incident.
28.

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WAL-MART EMPLOYEE, SHAWNA MUROLO
c/o Phillips, Spallas, Angstadt, LLC
504 South Ninth Street
Las Vegas, NV 89101

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SHAWNA MUROLO was an employee at the time of the incident and is a witness who is
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expected to provide testimony as to the facts and circumstances surrounding this incident.
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29.
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WAL-MART EMPLOYEE, MERANNDA PERALTA
c/o Phillips, Spallas, Angstadt, LLC
504 South Ninth Street
Las Vegas, NV 89101

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MERRANDA PERALTA was an employee at the time of the incident and is a witness who is
expected to provide testimony as to the facts and circumstances surrounding this incident.
30.

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RICHARD PINCKNEY, III was an employee at the time of the incident and is a witness who is
expected to provide testimony as to the facts and circumstances surrounding this incident.
31.

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WAL-MART EMPLOYEE, RICHARD PENCKNEY, III
c/o Phillips, Spallas, Angstadt, LLC
504 South Ninth Street
Las Vegas, NV 89101

WAL-MART EMPLOYEE, ZACHARY PREMACK
c/o Phillips, Spallas, Angstadt, LLC
504 South Ninth Street
Las Vegas, NV 89101

ZACHARY PREMACK was an employee at the time of the incident and is a witness who is
expected to provide testimony as to the facts and circumstances surrounding this incident.
32.

WAL-MART EMPLOYEE, DENCY RANGEL

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c/o Phillips, Spallas, Angstadt, LLC
504 South Ninth Street
Las Vegas, NV 89101

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DENCY RANGEL was an employee at the time of the incident and is a witness who is
expected to provide testimony as to the facts and circumstances surrounding this incident.
33.

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WAL-MART EMPLOYEE, SHELLEY RAUB
c/o Phillips, Spallas, Angstadt, LLC
504 South Ninth Street
Las Vegas, NV 89101

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SHELLEY RAUB was an employee at the time of the incident and is a witness who is expected
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to provide testimony as to the facts and circumstances surrounding this incident.
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34.
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WAL-MART EMPLOYEE, TOMMY RENAUD
c/o Phillips, Spallas, Angstadt, LLC
504 South Ninth Street
Las Vegas, NV 89101

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TOMMY RENAUD was an employee at the time of the incident and is a witness who is
expected to provide testimony as to the facts and circumstances surrounding this incident.
35.

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GABRIEL RIDEOUT was an employee at the time of the incident and is a witness who is
expected to provide testimony as to the facts and circumstances surrounding this incident.
36.

22
23
24
25
26

WAL-MART EMPLOYEE, GABRIEL RIDEOUT
c/o Phillips, Spallas, Angstadt, LLC
504 South Ninth Street
Las Vegas, NV 89101

WAL-MART EMPLOYEE, ANTHONY RODRIGUEZ
c/o Phillips, Spallas, Angstadt, LLC
504 South Ninth Street
Las Vegas, NV 89101

ANTHONY RODRIGUEZ was an employee at the time of the incident and is a witness who is
expected to provide testimony as to the facts and circumstances surrounding this incident.
37.

WAL-MART EMPLOYEE, GEORGE SCHEIBERT

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c/o Phillips, Spallas, Angstadt, LLC
504 South Ninth Street
Las Vegas, NV 89101

1
2
3
4

GEORGE SCHEIBERT was an employee at the time of the incident and is a witness who is
expected to provide testimony as to the facts and circumstances surrounding this incident.

5
6

38.

7
8

WAL-MART EMPLOYEE, DALLAS SCOTT
c/o Phillips, Spallas, Angstadt, LLC
504 South Ninth Street
Las Vegas, NV 89101

9
DALLAS SCOTT was an employee at the time of the incident and is a witness who is expected
10
to provide testimony as to the facts and circumstances surrounding this incident.
11
39.
12
13

WAL-MART EMPLOYEE, TAHIYYAH SHAKIR-JEMMOTT
c/o Phillips, Spallas, Angstadt, LLC
504 South Ninth Street
Las Vegas, NV 89101

14
15
16
17

TAHIYYAH SHAKIR-JEMMOTT was an employee at the time of the incident and is a witness
who is expected to provide testimony as to the facts and circumstances surrounding this incident.
40.

18
19
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25
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WAL-MART EMPLOYEE, DALE SIMMONS
c/o Phillips, Spallas, Angstadt, LLC
504 South Ninth Street
Las Vegas, NV 89101

DALE SIMMONS was an employee at the time of the incident and is a witness who is expected
to provide testimony as to the facts and circumstances surrounding this incident.
41.

WAL-MART EMPLOYEE, JAMIE SMITH
c/o Phillips, Spallas, Angstadt, LLC
504 South Ninth Street
Las Vegas, NV 89101

JAMIE SMITH was an employee at the time of the incident and is a witness who is expected to
provide testimony as to the facts and circumstances surrounding this incident.

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1

42.

2
3
4
5
6

WAL-MART EMPLOYEE, JASON SPROUT
c/o Phillips, Spallas, Angstadt, LLC
504 South Ninth Street
Las Vegas, NV 89101

JASON SPROUT was an employee at the time of the incident and is a witness who is expected
to provide testimony as to the facts and circumstances surrounding this incident.
43.

7
8

WAL-MART EMPLOYEE, JAMES STRINGER
c/o Phillips, Spallas, Angstadt, LLC
504 South Ninth Street
Las Vegas, NV 89101

9
JAMES STRINGER was an employee at the time of the incident and is a witness who is
10
expected to provide testimony as to the facts and circumstances surrounding this incident.
11
44.
12
13

WAL-MART EMPLOYEE, GWENDOLYN TURNER
c/o Phillips, Spallas, Angstadt, LLC
504 South Ninth Street
Las Vegas, NV 89101

14
15
16
17

GWENDOLYN TURNER was an employee at the time of the incident and is a witness who is
expected to provide testimony as to the facts and circumstances surrounding this incident.
45.

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25
26

WAL-MART EMPLOYEE, WILLIAMS WHITE
c/o Phillips, Spallas, Angstadt, LLC
504 South Ninth Street
Las Vegas, NV 89101

WILLIAMS WHITE was an employee at the time of the incident and is a witness who is
expected to provide testimony as to the facts and circumstances surrounding this incident.
46.

WAL-MART EMPLOYEE, ASHLEY WILLIAMS
c/o Phillips, Spallas, Angstadt, LLC
504 South Ninth Street
Las Vegas, NV 89101

ASHLEY WILLIAMS was an employee at the time of the incident and is a witness who is
expected to provide testimony as to the facts and circumstances surrounding this incident.

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28

1

47.

2
3
4
5
6

WAL-MART EMPLOYEE, KEIYANNA WILSON
c/o Phillips, Spallas, Angstadt, LLC
504 South Ninth Street
Las Vegas, NV 89101

KEIYANNA WILSON was an employee at the time of the incident and is a witness who is
expected to provide testimony as to the facts and circumstances surrounding this incident.
48.

7
8

WAL-MART EMPLOYEE, MARIBEL ZAPEDA
c/o Phillips, Spallas, Angstadt, LLC
504 South Ninth Street
Las Vegas, NV 89101

9
MARIBEL ZAPEDA was an employee at the time of the incident and is a witness who is
10
expected to provide testimony as to the facts and circumstances surrounding this incident.
11
12

49.

Person(s) Most Knowledgeable and/or
Custodian of Records and/or
Advanced Occupational Health Center
3375 S. Eastern Avenue, Suite 160
Las Vegas, NV 89169

50.

Person(s) Most Knowledgeable and/or
Custodian of Records and/or
Diagnostic Imaging of Southern Nevada
3560 E. Flamingo Road, #100
Las Vegas, Nevada 89121

51.

Person(s) Most Knowledgeable and/or
Custodian of Records of
Las Vegas Radiology
1342 S. Decatur Blvd.
Las Vegas, Nevada 89102

52.

Person(s) Most Knowledgeable and/or
Custodian of Records and/or
Hans Jorg Rosler, M.D.
Nevada Spine Clinic
8930 W. Sunset Rd., Suite 350
Las Vegas, NV 89148

53.

Person(s) Most Knowledgeable and/or

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Page 19 of 28

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Custodian of Records of
Smoke Ranch Surgical Center
7180 Smoke Ranch Road, Suite 150
Las Vegas, NV 89128

1
2
3

54.

Person(s) Most Knowledgeable and/or
Custodian of Records of
Well Care Pharmacy
3910 S. Maryland Parkway, Suite C
Las Vegas, NV 89119

55.

Person(s) Most Knowledgeable and/or
Custodian of Records of
Valley Hospital Medical Center
620 Shadow Lane
Las Vegas, NV 89106

56.

Person(s) Most Knowledgeable and/or
Custodian of Records and/or
Stuart Kaplan, M.D.
Western Regional Center for Brain and Spine
7140 Smoke Ranch Rd.
Las Vegas, NV 89128

57.

Person(s) Most Knowledgeable and/or
Custodian of Records and/or
David M. Ross, M.D.
7140 Smoke Ranch Road
Las Vegas, NV 89128

58.

Person(s) Most Knowledgeable and/or
Custodian of Records and/or
Mark Kabins, M.D.
Las Vegas Neurosurgery, Orthopaedics and Rehabilitation, LLP
501 S. Rancho Drive, Ste. I-67
Las Vegas, Nevada 89106

59.

Person(s) Most Knowledgeable and/or
Custodian of Records and/or
Joseph T. Course, Ph.D.
Vocational Economics, Inc.
3960 Howard Hughes Parkway, Suite 500
Las Vegas, Nevada 89169

60.

Person(s) Most Knowledgeable and/or
Stuart S. Kaplan, M.D., F.A.C.S.

4
5
6
7
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13
14
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Western Regional Center for Brain & Spine Surgery of Las Vegas
3601 S. Maryland Parkway, Ste. 200
Las Vegas, Nevada 89109

1
2
3

61.

Person(s) Most Knowledgeable and/or
Las Vegas Paiute Health & Human Services
1257 Paiute Circle
Las Vegas, Nevada 89106

62.

Mark Kabins, M.D.
Las Vegas Neurosurgery, Orthopaedics and Rehabilitation, LLP
501 S. Rancho Drive, Ste. I-67
Las Vegas, Nevada 89106

4
5
6
7
8
9

Dr. Kabins will testify as to his review of Plaintiff SUSIE MCCABE’s medical records,

10
examination of Plaintiff SUSIE MCCABE, diagnostic studies, opinions regarding Plaintiff SUSIE
11
12

MCCABE’s past medical care and/or treatment, and his opinions regarding Plaintiff SUSIE
MCCABE’s potential need for future care and/or treatment, including the treatment and medical

13
reasonableness of other medical providers. He will also provide opinions regarding the causation of
14

Plaintiff’s injuries and the necessity and reasonableness of Plaintiff SUSIE MCCABE’s past and future

15
medical needs and the expenses of the same. Dr. Kabins will also testify regarding the nature and extent
16
17

of Plaintiff SUSIE MCCABE’s permanent injuries and the restrictions these permanent injuries place
on Plaintiff SUSIE MCCABE’s daily living and as to the cause of Plaintiff SUSIE MCCABE’s surgery.

18
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21
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23
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25
26

63.

Stuart S. Kaplan, M.D., F.A.C.S.
Western Regional Center for Brain & Spine Surgery of Las Vegas
3601 S. Maryland Parkway, Ste. 200
Las Vegas, Nevada 89109

Dr. Kaplan will testify as to his review of Plaintiff SUSIE MCCABE’s medical records,
examination of Plaintiff SUSIE MCCABE, diagnostic studies, opinions regarding Plaintiff SUSIE
MCCABE’s past medical care and/or treatment, and his opinions regarding Plaintiff SUSIE
MCCABE’s potential need for future care and/or treatment, including the treatment and medical
reasonableness of other medical providers. He will also provide opinions regarding the causation of

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1

Plaintiff’s injuries and the necessity and reasonableness of Plaintiff SUSIE MCCABE’s past and future

2

medical needs and the expenses of the same. Dr. Kaplan will also testify regarding the nature and

3

extent of Plaintiff SUSIE MCCABE’s permanent injuries and the restrictions these permanent injuries

4

place on Plaintiff SUSIE MCCABE’s daily living and as to the cause of Plaintiff SUSIE MCCABE’s

5

surgery.

6
7

64.

8

Joseph T. Crouse, Ph.D.
Vocational Economics, Inc.
3960Howard Hughes Pkwy, Ste. 500
Las Vegas, Nevada 89169

9
10

Mr. Crouse will testify as a retained economic and vocational rehabilitation expert as to his

11

review of Plaintiff SUSIE MCCABE’s medical records, examination of Plaintiff SUSIE MCCABE,

12

diagnostic studies, opinions regarding Plaintiff SUSIE MCCABE’s past medical care and/or treatment,

13

and his opinions regarding Plaintiff SUSIE MCCABE’s potential need for future care and/or treatment,

14

and the cost of that treatment brought to present value.

15
16
17
18

65.

Frank A. Perez, Ph.D.
Boster, Kobayashi & Associates
59 Rickenbacker Circle
P.O. Box 2049
Livermore, California 94551

19

Dr. Perez will testify as a retained human factors expert as to his review of photographs of the

20

subject crane collar, incident reports, and other information pertaining to the subject incident. Dr. Perez

21

is expected testify as to the foreseeability of the subject incident, and the human factors involved in the

22

subject incident.

23

TREATING MEDICAL EXPERTS

24

Plaintiff also designates Plaintiff SUSIE MCCABE’s treating physicians in this case as expert

25

witnesses in this case insofar as they will provide opinion testimony regarding the cause, nature, and

26

extent of Plaintiff SUSIE MCCABE’s injuries, the reasonableness and necessity of medical treatment,

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28

1

the reasonableness of the cost of Plaintiff SUSIE MCCABE’s treatment, the likelihood for future

2

treatment, if any, and cost of said treatment, and any permanent disability Plaintiff SUSIE MCCABE is

3

likely to suffer as a result of her injuries. Plaintiff SUSIE MCCABE has previously disclosed the

4

names of her treating doctors and their records and reports, and incorporates said production herein by

5

reference, but lists them again as follows:

6
7
8
9
10

66.

Hans Jorg Rosler, M.D.
Previously with NEVADA SPINE CLINIC
8930 W. Sunset Rd., Suite 350
Las Vegas, NV 89148
Currently at INTERVENTIONAL PAIN & SPINE INSTITUTE
851 S. Rampart Blvd., Suite 100
Las Vegas, NV 89145

11
12
13
14
15
16
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20
21
22
23
24
25
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Hans Jorg Rosler, M.D. has rendered medical treatment to Plaintiff for her accident related
injuries and will serve as a treating medical expert. He will testify regarding the reasonable and
necessity of such care and the charges associated therewith, his clinical findings and diagnostic
impressions, his care and treatment, his prognosis regarding Plaintiff’s medical conditions and the
limitations Plaintiff’s medical conditions impose upon Plaintiff’s occupational and living activities.
In addition, Hans Jorg Rosler, M.D. is expected to give expert opinion testimony regarding
the nature, extent and cause of Plaintiff’s injuries; the reasonable future medical care that has been
necessitated by the subject accident; the amount, reasonableness and necessity of future medical
treatment caused by Plaintiff’s accident related injuries, including lifetime medical surgical,
rehabilitative and associated medical expenses; the charges for past and future medical care as being
customary for physicians and/or health care providers in the Las Vegas Medical community; the
nature, extend and manner in which Plaintiff’s accident related injuries have affected his ability to
continue to perform her current occupations and activities of daily living; and the nature extend and
manner in which Plaintiff’s accident related injuries have diminished Plaintiff’s work life expectancy
and restrict her future daily living activities.

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1

In rendering his expert opinions, Hans Jorg Rosler, M.D. will rely on his findings through

2

diagnosis and treatment of Plaintiff, including his own records and notes and any records from other

3

physicians or diagnostic studies that Hans Jorg Rosler, M.D. may have considered to assist in his

4

diagnosis and/or treatment. Additionally, in order to defend his treatment and/or diagnosis and/or

5

opinions, including those related to causation, Hans Jorg Rosler, M.D. has and/or will review the

6

records of other physicians that have treated Plaintiff for injuries sustained in the subject accident, as

7

well as reports from Defendants’ experts, and other case evidence including deposition testimony.

8

While not required pursuant to the Federal Rules of Civil Procedure, Plaintiff hereby designates

9

his treating physicians in this case as expert witnesses insofar as they will provide opinion testimony

10

regarding the cause, nature and extent of Plaintiff’s injuries, the reasonableness and necessity of his

11

medical treatment, the reasonableness and customary nature of the cost of Plaintiff’s treatment, the

12

likelihood Plaintiff will require future treatment, the cost of any said treatment, and the permanent

13

disability Plaintiff has suffered and will suffer in the future as a result of his injuries sustained as a result

14

of the subject-incident. Plaintiff has previously disclosed the names of his treating doctors and their

15

respective records and reports and incorporates said production herein by reference.

16

Plaintiff hereby incorporate all expert witness lists propounded by the Defendant reserving the

17

right to call on them during his case in chief during the trial of this matter and reserves the right to call

18

rebuttal witnesses to any expert witness called by the Defendant at time of trial. Plaintiff also reserves

19

the right to name any other witness as may be necessary for the purpose of rebuttal and/or

20

impeachment.

21

Plaintiff further reserves the right to name additional witnesses should they become known.

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23

DEFENDANT’S WITNESSES

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1.
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SUSIE MCCABE, Plaintiff
c/o MORRIS ANDERSON
716 S. Jones Blvd.
Las Vegas, Nevada 89107

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1
SUSIE MCCABE is the Plaintiff in this action and is expected to provide testimony as to the
2
facts and circumstances surrounding this incident and the injuries and treatment she received.
3
2. PLAINTIFF SUZY MCCABE (address and telephone number known to Plaintiff) is
4
5

expected to testify regarding the facts and circumstances surrounding Plaintiff’s alleged
incident on November 4, 2012;

6

3.Plaintiff’s treatment providers;

7

4.Plaintiff’s employers

8

5. JUAN SANCHEZ (c/o Phillips Spallas & Angstadt) is expected to testify regarding the

9
10

facts and circumstances surrounding Plaintiff’s alleged incident on November 4, 2012;
6.

Steven L. Mcintire, M.D., PhD11030 White Rock Road, Suite 110
Rancho Cordova, California 95670

7.

Michael H. Reid, Ph.D., M.D.
3090 Barberry Lane
Sacramento, CA 95864

8.

Person(s) Most Knowledgeable and/or
Custodian of Records and/or
Advanced Occupational Health Center
3375 S. Eastern Avenue, Suite 160
Las Vegas, NV 89169

9

.Person(s) Most Knowledgeable and/or
Custodian of Records and/or
Diagnostic Imaging of Southern Nevada
3560 E. Flamingo Road, #100
Las Vegas, Nevada 89121

10.

Person(s) Most Knowledgeable and/or
Custodian of Records of
Las Vegas Radiology
1342 S. Decatur Blvd.
Las Vegas, Nevada 89102

11.

Person(s) Most Knowledgeable and/or
Custodian of Records and/or
Hans Jorg Rosler, M.D.
Nevada Spine Clinic

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8930 W. Sunset Rd., Suite 350
Las Vegas, NV 89148

1
2

12.

Person(s) Most Knowledgeable and/or
Custodian of Records of
Smoke Ranch Surgical Center
7180 Smoke Ranch Road, Suite 150
Las Vegas, NV 89128

13.

Person(s) Most Knowledgeable and/or
Custodian of Records of
Well Care Pharmacy
3910 S. Maryland Parkway, Suite C
Las Vegas, NV 89119

14.

Person(s) Most Knowledgeable and/or
Custodian of Records of
Valley Hospital Medical Center
620 Shadow Lane
Las Vegas, NV 89106

15.

Person(s) Most Knowledgeable and/or
Custodian of Records and/or
Stuart Kaplan, M.D.
Western Regional Center for Brain and Spine
7140 Smoke Ranch Rd.
Las Vegas, NV 89128

16.

Person(s) Most Knowledgeable and/or
Custodian of Records and/or
David M. Ross, M.D.
7140 Smoke Ranch Road
Las Vegas, NV 89128

17.

Person(s) Most Knowledgeable and/or
Custodian of Records and/or
Mark Kabins, M.D.
Las Vegas Neurosurgery, Orthopaedics and Rehabilitation, LLP
501 S. Rancho Drive, Ste. I-67
Las Vegas, Nevada 89106

18.

Person(s) Most Knowledgeable and/or
Custodian of Records and/or
Joseph T. Course, Ph.D.
Vocational Economics, Inc.
3960 Howard Hughes Parkway, Suite 500

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Las Vegas, Nevada 89169

1
2

19.

Person(s) Most Knowledgeable and/or
Stuart S. Kaplan, M.D., F.A.C.S.
Western Regional Center for Brain & Spine Surgery of Las Vegas
3601 S. Maryland Parkway, Ste. 200
Las Vegas, Nevada 89109

20.

Person(s) Most Knowledgeable and/or
Las Vegas Paiute Health & Human Services
1257 Paiute Circle
Las Vegas, Nevada 89106

21.

Mark Kabins, M.D.
Las Vegas Neurosurgery, Orthopaedics and Rehabilitation, LLP
501 S. Rancho Drive, Ste. I-67
Las Vegas, Nevada 89106

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7
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22.
disclosures

Defendant reserves the right to call at trial any witnesses identified by Plaintiff’s

IX.
Counsel have met and herewith submit a list of three (3) agreed-upon trial dates:

15

Plaintiff: July 11, 2016, July 18, 2016

16

Defendant: July 11, 2016, July 18, 2016

17

It is expressly understood by the undersigned that the court will set the trial of this matter on

18

one (1) of the agreed-upon dates if possible; if not, the trial will be set at the convenience of the

19

court’s calendar.

20
X.

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22

It is estimated that the trial herein will take a total of 7-10 days, which includes Voir Dire of

23

the perspective jury.

24

Dated: December 14, 2015

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APPROVED AS TO FORM AND CONTENT:
___/s/ Jacqueline R. Bretell__________
___/s/ Jennifer A. Taylor_______
Attorney for Plaintiff
Attorney for Defendant

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XI.

2

ACTION BY THE COURT

3

The Pretrial Order dated 11/20/15 [ECF 51] is VACATED.

4

(a) This case is set down for jury trial on the August 9, 2016, 9:00 a.m. trial stack. The

5

parties must appear for Calendar Call on August 1, 2016, at 1:30 p.m.

6

(b) No later than August 1, 2016, at 1:30 p.m., each party must submit to the Clerk:

7

(1) An original and two copies of its trial brief;

8

(2) An original and two copies of proposed jury instructions and proposed voir dire

9

questions.

10

(c) The deadline for filing MOTIONS IN LIMINE is July 1, 2016. The process for
2015.

11

preparing and filing motions in limine will be governed by the following additional rules and

12

considerations:

13

(1) Before any motion in limine is filed, the parties must meet and confer (by

14

telephone or in person—not merely by email or some other form of writing) about the

15

substance of each contemplated in-limine issue and attempt to reach an agreement on

16

the issue. Evidentiary agreements reached during this process should be

17

memorialized by a written stipulation. If the parties do not reach an agreement on an

18

issue and a motion in limine remains necessary, the motion must be accompanied

19

by a declaration or affidavit certifying that counsel actually conferred in good

20

faith to resolve the issue before the motion was filed (or re-filed). The failure to

21

include the certificate of counsel will result in the automatic denial of the motion

22

without the opportunity to cure this deficiency.

23

(2) Motions in limine must address only true evidentiary issues and not be belated

24

motions for dispositive rulings disguised as a motion in limine.

25

(3) Parties must include all in-limine issues in a SINGLE, omnibus motion

26

that numbers each issue consecutively; no party may file multiple, separate motions.

27

This format eliminates the need for redundant recitations of facts and introductory

28

statements of the law. If the size of the omnibus motion exceeds the page limit in the
local rule, see L.R. 7-4, a separate motion to exceed the page limits should be filed

1

contemporaneously with the omnibus motion; the motion to exceed page limits must

2

not be styled as an “emergency.”

3

(4) If it becomes necessary to seek leave to file a reply in support of the motions,

4

see L.R. 16-3(b), each side may file only a single request for leave. The parties

5

should not presume that the court will grant these requests for leave, so proposed

6

orders granting them should not be submitted.

7

(5) The parties are cautioned that vague requests based on speculative issues, like

8

requests to generally preclude improper attorney arguments, violations of the

9

golden rule, or irrelevant evidence will be flatly denied. The court intends to follow

10

the rules of evidence and procedure at trial and expects the parties to do the same.

11

Motions seeking little more than an order enforcing a rule waste the court’s time and

12

the parties’ resources. Counsel is strongly cautioned that abuse of the motion-in-

13

limine vehicle in this manner may result in sanctions against the attorneys.

14

This order will govern the trial of this case and may not be amended except by order of the

15
16

court.
Dated this 15th day of December, 2015

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_________________________________
________________________
_
_
_
_
Jennifer A. Dorsey
Dorsey
rs
rsey
United States District Judge
es District
i