Bryant v. Trexler Trucking Inc

Filing 96

ORDER. Having thoroughly reviewed the objections, deposition testimony at issue, and the applicable evidentiary and procedural rules, the Court rules on the parties' respective designations and objections as indicated in the attachment. Signed by Honorable R Bryan Harwell on 3/5/2013.(hcic, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA FLORENCE DIVISION Jimmie Dale Bryant, ) ) Plaintiff, ) ) v. ) ) Trexler Trucking, Inc., ) ) Defendant. ) ____________________________________) Civil Action No.: 4:11-cv-02254-RBH ORDER This matter comes before the Court on Plaintiff’s Motion to Resolve Objections as to Deposition Testimony to be Offered at Trial [Doc. # 95]. Having thoroughly reviewed the objections, deposition testimony at issue, and the applicable evidentiary and procedural rules, the Court rules on the parties’ respective designations and objections as indicated in the attachment. IT IS SO ORDERED. s/ R. Bryan Harwell R. Bryan Harwell United States District Judge Florence, South Carolina March 5, 2013 DEPOSITION DESIGNATION FORM DEPONENT NAME: STEPHANIE MONTGOMERY, MD DATE OF DEPOSITION: November 19, 2012 OFFERING PARTY: PLAINTIFF Plaintiff Defendant_______________ Defendant______ [party] [party] [party] DESIGNATION OBJECTION EXPLAIN BASIS OF COUNTER DESIGNATION Page 4 Lines 1-25 No objection. Page ______ Lines _____ - ______ Page 5 Lines 1-25 No objection. Page ______ Lines _____ - ______ Page 6 Lines 1-25 No objection. Page ______ Lines _____ - ______ Page 7 Lines 1-25 No objection. Page ______ Lines _____ - ______ Page 8 Lines 1-25 No objection. Page ______ Lines _____ - ______ Page 9 Lines 1-25 No objection. Page ______ Lines _____ - ______ Page 10 Lines 1-25 No objection. Page ______ Lines _____ - ______ Page 11 Lines 1-25 No objection. Page ______ Lines _____ - ______ Page 12 Lines 1-25 Object to Lines 20 - 25. Hearsay. Best evidence rule. Conway records speak for themselves Page ______ Lines _____ - ______ ______________________ Court's Ruling Denied. Page 13 Lines 1- 16; 18-25 Object to Lines 1-16 & 18-25. Hearsay. Best evidence rule. Conway records speak for themselves.. Answer goes beyond transferring diagnosis. Question suggestive and leading. Page 13 Lines 17 Object to Lines 1-5 & 7-25. Hearsay. Best evidence rule. Conway records speak for themselves. Answer goes beyond transferring diagnosis. Question suggestive and leading Page 14 Lines 6 Page 15 Lines 1-25 Object to Lines 1-4. Hearsay. Best evidence rule. Conway records speak for themselves. Answer goes beyond transferring diagnosis. Question suggestive and leading. Page Lines Page 16 Lines 1-25 No objection. Page Lines Page 17 Lines 1-14; 16-25 Object Lines 13-14 & 16-25. Leading question and answer to leading question. Page 17 Lines 15 Page 18 Lines 1-25 Object Lines 1-12. Answer to leading question. Page Lines Page 19 Lines 1-25 No objection. Page Lines Page 20 Lines 1-25 No objection. Page Lines Page 21 Lines 1-25 No objection except as to Exhibit 1 to deposition being used for anything other than demonstrative purposes in deposition with comments to be redacted. Cumulative to testimony. Page Lines Granted to the extent Exhibit 1 is being offered into evidence, as it was not offered as such during the deposition. Denied as to all other grounds. Page 22 Lines 1-25 No objection except as to Exhibit 2 to deposition being used for anything other than demonstrative purposes in deposition with comments to be redacted. Cumulative to testimony Page Lines Granted to the extent Exhibit 2 is being offered into evidence, as it was not offered as such during the deposition. Denied as to all other grounds. Page 23 Lines 1-25 No objection. Page Lines Page 24 Lines 1-25 No objection. Page Lines Page 14 Lines 1-5; 7-25 Denied. Denied. Denied. Denied. Denied. Page 25 Lines 1-25 No objection. Page Lines Page 26 Lines 1-25 No objection. Page Lines Page 27 Lines 1-25 No objection. Page Lines Page 28 Lines 1-25 No objection. Page Lines Page 29 Lines 1-25 No objection. Page Lines Page 30 Lines 1-12; 14-25 Object Lines 1-12 & 14-25. Leading question/answer to leading question.. Page 30 Lines 12 Page 31 Lines 1-25 Object Lines 1-20. Answer to leading question. Object to Exhibit 2 being used for anything other than demonstrative purposes in deposition with comments to be redacted. Cumulative to testimony. Page Lines Page 32 Lines 1-25 No objection. Page Lines Page 33 Lines 1-25 No objection. Page Lines Page 34 Lines 1-25 No objection except as to Exhibit 8 to deposition being used for anything other than demonstrative purposes in deposition with comments to be redacted. Cumulative to testimony Page Lines Page 35 Lines 1-25 No objection. Page Lines Page 36 Lines 1-25 No objection. Page Lines Page 37 Lines 1-25 Object Lines 21-25. Admittedly outside of witness’ expertise. Page Lines Denied. Page 38 Lines 1-25 Object Lines 1-19. Admittedly outside of witness’ expertise. Page Lines Denied. Page 39 Lines 1-25 No objection. Page Lines Page 40 Lines 1-25 No objection. Page Lines Denied. Granted to the extent Exhibit 2 is being offered into evidence, as it was not offered as such during the deposition. Denied as to all other grounds. Granted to the extent Exhibit 8 is being offered into evidence, as it was not offered as such during the deposition. Denied as to all other grounds. Page 41 Lines 1-12; 14-25 Object lines 10-25. Leading question and answer to leading question. Page 41 Lines 13 Denied. Page 42 Lines 1-25 Object lines 1-25. Answer to leading question. Page Lines Denied. Page 43 Lines 1-20; 22-25 Object Lines 1-14. Answer to leading question. Object Lines 19-20. Leading and suggestive question. Object Lines 22-25. Answer to leading and suggestive question. Page 43 Lines 21 Page 44 Lines 1-25 Object Lines 1-21. Answer to leading and suggestive question. Page Lines Page 45 Lines 1- 25 No objection. Page Lines Page 46 Lines 1-25 No objection. Page Lines Page 47 Lines 1-25 No objection. Page Lines Page 48 Lines 1-25 No objection. Page Lines Page 49 Lines 1-19; 21-25 Object Lines 14-19. Confusing, suggestive question that is outside of witness’ expertise as only managed care and even so, could only state as of that time but still outside area of expertise. Object Lines 21-25 as answer to suggestive/leading question that is outside of witness’ expertise and even if it were, she could only state as of that date. Also, how a person responds differs from person to person so answer not specific to Plaintiff. Page 49 Lines 20 Object Lines 1-25 as answer to suggestive/leading question that is outside of witness’ expertise and even if it were, she could only state as of that date. Also, how a person responds differs from person to person so answer not specific to Plaintiff so irrelevant. Page Lines Page 50 Lines 1-25 Denied. Denied. Denied. Denied. Object Lines 1-25 as answer to suggestive/leading question that is outside of witness’ expertise and even if it were within expertise, she could only state as of that date. Also, how a person responds differs from person to person so answer not specific to Plaintiff so irrelevant. Page Lines Object Lines 1-2 as answer to suggestive/leading question that is outside witness’ expertise and even it were within expertise, she could only state as of that date. Also, how a person responds differs from person to person so answer not specific to Plaintiff so irrelevant. No objection to Lines 3-13 as long as stops at word, “involved’ as following discussion relates to insurance. Page Lines Page 52 Lines 20 (@”but”) - 25 No objection provided testimony starts with word, “But” as that which precedes it references insurance. Page Lines Page 53 Lines 1-12; 14-25 Object Lines 1-12 and 14-25. Outside area of expertise. Cannot say how Plaintiff will respond to a reasonable degree of medical certainty so irrelevant. Object to the use of words, “scrambled egg” as inflammatory and prejudicial. Also, response to improper question. Page Lines Page 54 Lines 1-25 Object Lines 1-2 as answer to improper question. Page Lines Page 55 Lines 1-10; 12-25 Object Lines 1-10 and 12-25. Witness stated she could not answer question without looking through all of the physical therapy notes and then counsel asking leading question if there was anything to suggest Plaintiff was not participatory. Remaining part is answer to improper leading question without foundation as she had not re-reviewed all of the therapy records. Page 55 Lines 11 Page 51 Lines 1-25 Page 52 Lines 1-13 (@involved) Denied. Denied, but there shall be no mention of insurance. Granted, as the parties agree. 53 13 Denied. Denied. Granted. Page 56 Lines 1-24 Object Lines 1-3 as improper question and improper foundation as witness said she would need to look at records to answer. Page Lines Page 57 Lines 19-25 Object Lines 19-21. Question makes counsel seem overly willing to be helpful when simply common practice. Irrelevant testimony. Page Lines Page 58 Lines 1-25 No objection. Page Lines Page 59 Lines 1-25 No objection. Page Lines Page 60 Lines 1-10; 11-25 Object Lines 7-15 as unresponsive to question. Did not even allow attorney to complete question. Volunteered information beyond what intended scope of question was. No independent knowledge. Admitted reliance on others. Page Lines Page 61 Lines 1-25 Object Lines 17-21. Irrelevant. Page Lines Page 62 Lines 1-20 No objection. Page 62 Lines 21-25 Page 63 Lines 1-25 Object Lines 19-25. Irrelevant. Page Lines Page 64 Lines 1-18 & 20-25 No objection. Page 64 Lines 19 Page 65 Lines 1-4; 6-25 No objection. Page 65 Lines 5 Page 66 Lines 1-16 No objection. Page 66 Lines 17-25 Page 67 Lines 23-25 No objection. Page Lines Page 68 Lines 1-25 No objection. Page Lines Page 69 Lines 1-25 No objection. Page Lines Page 70 Lines 1-25 No objection. Page Lines Page 71 Lines 1 - 25 No objection. Page Lines Page 72 Lines 1- 25 No objection. Page Lines Granted. Denied. Denied. Denied. Denied. Page 73 Lines 1-25 No objection. Page Lines Page 74 Lines 1-25 No objection. Page Lines Page 75 Lines 1-25 No objection. Page Lines Page 76 1-25 No objection. Page Lines Page 77 Lines 1-25 No objection. Page Lines Page 78 Lines 1-25 No objection. Page Lines Page 79 Lines 1-25 No objection. Page Lines Page 80 Lines 1-25 No objection. Page Lines Page 81 Lines 1-25 No objection. Page Lines Page 82 Lines 1-25 No objection. Page Lines Page 83 Lines 1-25 No objection. Page Lines Page 84 Lines 1-25 No objection. Page Lines Page 85 Lines 1-25 No objection. Page Lines Page 86 Lines 1-25 No objection. Page Lines Page 87 Lines 1-25 No objection. Page Lines Page 88 Lines 1-25 No objection. Page Lines Page 89 Lines 1-25 Object Lines 9-25 because contains information that is incorrect and could be misleading to jury. Witness unsure of answer so speculative. Page Lines Page 90 Lines 1-25 Object Lines 1-11 because contains information that is incorrect and could be misleading to jury. Witness unsure of answer so speculative. Page Lines Denied. Denied. Page 91 Lines 1-3; 13-25 No objection. Page Lines Page 92 Lines 1-15 No objection. Page Lines Judge R. Bryan Harwell 8 DEPOSITION DESIGNATION FORM DEPONENT NAME: STEPHANIE MONTGOMERY, MD DATE OF DEPOSITION: November 19, 2012 OFFERING PARTY: DEFENDANT Defendant Plaintiff _______________________ _____________ [party] [party] [party] DESIGNATION OBJECTION EXPLAIN BASIS OF COUNTER DESIGNATION ______________________ Court's Ruling Page/Line 57/22 Page/Line 60/6 -- no objection Page ______ Lines _____ - ______ Page/Line 60/16 Page/Line 61/16 -- no objection Page ______ Lines _____ - ______ Page/Line 61/22 Page/Line 62/22 -- objects to 62/21-22 involves seat belts Page ______ Lines _____ - ______ Granted. Page/Line 62/24 Page/Line 63/18 -- object to 62/24 - is Page ______ answer not question Lines _____ - ______ Granted. Page/Line 64/20 Page/Line 65/4 -- no objection no objection Page 65 Lines 6 - 8 Page 65 Lines 12 no objection - 14 Page/Line 65/16 Page/Line 67/12 Page 67 Lines 14 - Ø -- Page ______ Lines _____ - ______ Page ______ Lines _____ - ______ Page ______ Lines _____ - ______ object to 66/17-67/22 Page ______ calls for speculation Lines _____ - ______ by the witness objects to 67/14-22 Page ______ calls for specu Lines _____ - ______ lation by doctor Denied. Denied. objects to 67/16-22 Page ______ calls for speculation Lines _____ - ______ by doctor Page/Line 67/16 Page/Line 69/19 -- Page/Line 73/19 Page/Line 82/5 -- no objection Page ______ Lines _____ - ______ Page/Line 82/23 Page/Line 83/20 -- no objection Page ______ Lines _____ - ______ Page/Line 86/15 Page/Line 89/8 -- no objection Page ______ Lines _____ - ______ Page/Line 90/13 Page/Line 91/3 -- no objection Page ______ Lines _____ - ______ Page/Line 92/21 (start with “I wanted to ask...”) -Page/Line 94/24 Judge R. Bryan Harwell Denied. objection calls for Page ______ speculation. the doctor _____ - ______ Denied. Lines is not looking at a current CT Scan of the Plaintiff. She says this but the speculation still exists.

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