In the Superior Court of Cobb County
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IN THE SUPERIOR COURT OF COBB COUNTY
STATE OF GEORGIA
JASON GRAHAM Individually ) And as Executor of the Estate ) Of Justin Graham, Decedent and ) JOY SCOGGINS, his Mother and ) His sister, AUBREY TAPP l. ) ) Plaintiffs, ) ) Civil Action v. ) File No. 08-1-2819-34 ) CLARENCE HENDRIX, MD, Individually ) And as employee of WELLSTAR HEALTH ) SYSTEM, INC.; WELLSTAR HEALTH ) HEALTH SYSTEM, INC. AND DAVID ) HOWELL Individually & AS ) ADMINISTRATOR FOR ) WELLSTAR HEALTH SYSTEM, INC. ) ) Defendants. ) ______)
CONSOLIDATED PRE-TRIAL ORDER
The following constitutes the Consolidated Pre-Trial Order entered in the above-styled case after conference with counsel for the parties:
1.
The name, address and phone number of the attorneys who will conduct the trial are as follows:
For Plaintiff: Austin Law Group, PC Laura E. Austin, Esq. 328 Creekstone Ridge Woodstock, Georgia 30188 770-427-0141 Clay/Starrett Injury Lawyers, LLC Wesley Starrett 25 Atlanta Street, SE, Suite B Marietta, Georgia 30060
For Defendants
Curtis Anderson, Esq. R. Christopher Harrison, Esq. Downey & Cleveland, LLP 288 Washington Avenue Marietta, GA 30060 (Attorney for Wellstar Health System, Inc., and Clarence Hendrix, M.D.. Individually and as an employee and/or agent for Wellstar Health System, Inc. and David Howell))
2. The estimated time required for trial is: six (6) to ten (10) days.
3.
There are the following matters pending for consideration by the court as follows:
For Plaintiff:
Plaintiff anticipates need for resolution of the following by the Court: Motion to Accept Carla Rivera’s Testimony via Video as she will be out of the Country; Motion for Use of Live Video for Witnesses who Cannot Attend; Motion for Extension of Time for Closing Argument; Motion for Immediate Update of Discovery and Defendant’s Portion of Pretrial; Motions in Limine: Motion to Stipulate Documents for Expedited Trial; Motions in Limine and trial briefs on issues that cannot be worked out by stipulation.
For Defendant
Defendants shall be permitted to submit and/or file Motions in Limine and any other applicable Motions. Defendants shall be allowed to challenge the qualifications of any of Plaintiff’s experts.
4.
-2- The jury will be qualified as to relationship with the following:
For Plaintiff:
(a) Laura Austin, Esq and Austin Law Group, PC, contingent interest holder (b) Wesley Starrett and Clay/Starrett Injury Lawyers, LLC (c) Wellstar Health System, Inc, Wellstar Physician Group or any of its affiliates (fully named) (d) Jason Graham (e) Joy Scoggins (f) Audrey Tapp
For Defendants:
The parties;
Any person with a contingent interest in this case.
5.
(a) All discovery has been completed, unless otherwise noted by subpoena duces tecum, and the Court will not consider any further motions to compel discovery except for good cause shown. The parties, however, shall be permitted to take depositions of any person(s) for the preservation of evidence for use at trial.
For Plaintiff:
All discovery has been completed or denied, however, Plaintiff shall be permitted to take depositions of any person(s) for the preservation of evidence for use at trial.
The names of the parties as shown in the caption to this order are correct and complete and there is no question by any party as to the misjoinder or non-joinder of any parties. However, as noted by the Defendants in Court, Defendants do not agree that
-3- certain claims exist against some of the named Defendants and does not waive that objection by entry of this Order and caption.
For Defendants
(a) All discovery has been completed, unless otherwise noted, and the court will not consider any further motions to compel discovery except for good cause shown.
6.
The following is Plaintiff’s brief and succinct outline of the case and contentions:
To understand this case, first you need to know that the Sheriff is required by law to provide reasonable and necessary healthcare to the inmates in his jail. In this case,
Sheriff Warren signed over that responsibility to Wellstar via contract which has been determined to be permissible. Wellstar agreed to be the exclusive agent of the Sheriff to manage, administer and operate the Clinic Infirmary and to be the responsible healthcare authority for medical management in the Jail Clinic Infirmary.
Plaintiffs’ case is about wrongful death, medical negligence and negligence in the performance of duties owed by Wellstar as Responsible Healthcare Authority for the death of Justin Graham who was 25 at the time. Wellstar employed Clarence Hendrix,
MD to provide medical care and as Chief Clinical Officer on its behalf and hired David
Howell as Administrator to represent Wellstar’s interest in overseeing the overall operations for the delivery of healthcare in the Infirmary Clinic. Justin Graham was under the care of the infirmary staff while in Cobb Detention Center. There is no disagreement between the parties that the standard of care within the jail is supposed to be that which is the same as would be exercised outside the jail under same or similar
-4- circumstances.
On May 18, 2006, Officer Daniels found Justin Graham, age 25, asleep at the end of a road in his car. Officer Daniels determined that Mr. Graham was intoxicated, had yellowing of the whites of his eyes, and was taken to jail.
At the jail, Officer Daniels told the nurse about the yellowing of the whites of his eyes to determine if they wanted to accept him or have him taken to the hospital. He was accepted as an inmate in the jail, but no notes about his eyes were ever made.
During the course of his 19 day stay at the jail, Justin was in an out of the infirmary with 9 days in and 10 days out in general population. No documentation is noted of his jaundice for the first five days by any health care professional. While he was in the general population a “Code Blue” was called twice for him for seizure vomiting and falling over backwards.
His lab values which were drawn on the 18th, 24th, 26th of May and then on the 2nd of
June were consistently abnormal with rising bilirubin levels going from 3.9, which is three times normal on the date of admission, to 17 eight days later, to 27.5 two days before he was moved to the hospital. When he arrived at the hospital, his bilirubin was up to 32.9.
Justin Graham remained awake until 6-14 when he had a heart attack as his organs were shutting down from an acute failing liver. He died on July 7, 2006, from complications of liver failure.
Plaintiffs contend that with a reasonable degree of medical certainty, had Mr.
Graham been given timely and proper medical intervention by Dr. Hendrix who had final authority regarding all clinical decisions that he would have lived.
Plaintiffs further contend that Wellstar had a duty as the responsible health care authority to properly organize, manage, supervise and audit daily the work of its staff to
-5- assure quality and timely delivery of needed health care services and the system failed because of the deficiency of the policies directing care and carelessness that went undetected and unreported.
Plaintiffs further contend that Wellstars’ Administrator who was hired to oversee the overall operations for the delivery of healthcare the right person with qualifications to do that job because he did not have medical training to be comfortable in doing the job functions. Plaintiffs contend that because he wasn’t a physician, that that duty should have been delegated to Dr. Hendrix, the Chief Clinical Officer or another person more qualified.
Plaintiffs contend that Wellstar had a duty to appoint a responsible physician or other qualified healthcare provider to supervise the clinical judgments regarding the care provided to inmates at the facility including directing the creation of, establishing and implementing policies for the clinical aspects of the program and for monitoring the appropriateness, timeliness and responsiveness of care and treatment for the patients in the jail.
Plaintiffs believe that the failures and omissions by Dr. Hendrix, Mr. Howell and
Wellstar were all the proximate cause of Justin’s death and for which they seek the full value of his Justin’s life as seen through his eyes, monies as compensation for his mental, physical and emotional pain and suffering and for his funeral expenses.
Defendants object to the arguments asserted in Plaintiff’s outline and objects to the reading to the jury.
7.
(a) The following is Defendants' brief and succinct outline of the case and contentions:
-6- The Defendants deny that they were guilty of any negligence and deny that the
Plaintiffs are entitled to recover in any amount. Rather, they assert that at all times relevant hereto their care and treatment of Justin Graham was appropriate and was in accord with the standards of care exercised by physicians generally under the same or similar circumstances. Any injury sustained by the Plaintiff resulted not from negligence or other wrong doing on the part of the Defendants but from factors beyond the ability of medicine, which is an inexact science, to control. The Defendants further assert that a cure or perfect result cannot be obtained in every case and that in spite of good care less than desirable results sometimes occur. Defendants further contend that the damages of
Plaintiff were not proximately caused by any act or failure to act by these Defendants.
Justin Graham (hereinafter “Graham”) was arrested for driving under the influence of alcohol at 2:22 p.m. on May 18, 2006, which was Graham’s second arrest for driving under the influence. Mr. Graham’s blood alcohol level at the time of this arrest .274.
Upon his arrest, Graham was taken to the Cobb County Jail. Because of Graham’s alcohol abuse, Graham was seen in the Jail Infirmary where alcohol abuse was noted on his intake. Graham remained incarcerated from May 18, 2006 until June 5, 2006. During his incarceration, Graham was treated by Dr. Clarence Hendrix in the Jail’s Infirmary on various occasions. While receiving treatment in the Jail Infirmary, Graham was diagnosed with Alcoholic Hepatitis and alcohol abuse. Ultimately, Graham was transferred to Wellstar Cobb Hospital on June 5, 2006, where he remained for over a month until his death on July 7, 2006.
-7- While at Cobb Hospital, Graham was diagnosed with stage four out of four (4/4) cirrhosis of the liver, and stage three out of three (3/3) steatohepitis hepatitis; two separate and distinct conditions, either of which could have caused his death. In addition, Justin
Graham was also diagnosed with acute alcoholic hepatitis . another independent condition which could have caused his death. On July 7, 2006, Graham died due to complications associated with his advanced liver disease which Graham had prior to his incarceration on May 18, 2006.
8.
The issues for determination by the jury are as follows:
For Plaintiffs:
Was Dr. Hendrix negligent in his care (functioning outside the standard) and was that negligence a proximate cause of Justin’s death?
Was David Howell, in his position as an administrator for Wellstar, negligent (functioning outside the standard) in his duties as a representative for Wellstar and did it contribute to the damages suffered by Justin Graham?
What are the proportionate shares of 100% to be allocated to each Defendant?
_____ CLARENCE HENDRIX:
A. Professional Negligence/Medical Malpractice as to Clarence Hendrix, M.D.,
Individually in his role as Grahams physician in the jail;
_____ WELLSTAR HEALTH SYSTEM, INC.
B. Wellstar as the Employer through Respondeat Superior for the acts and
ommissions of Clarence Hendrix in both his role as a physician and as the Chief
Clinical Officer for Wellstar in the jail.
-8- C. Wellstar as the employer of David Howell in his role of Administrator;
_____ DAVID HOWELL
D. David Howell as employee of Wellstar in his role of Administrator of the Jail
_____ JUSTIN GRAHAM
His proportionate share, if any, for his lost life.
_____ Non Parties -
DAMAGES
To the Estate:
Justin’s pain and suffering, mental, physical and emotional, from the time of admission to the date of his death.
The costs for his funeral services.
To his Mother as Representative of the family:
What is the full value of Justin Graham’s life?
For economic damages?
For non-economic damages?
For Defendants
The issues for determination by the jury are as follows:
(a) Whether or not the Defendant owed any duty to the Plaintiffs.
(b) Whether or not Defendants deviated from the appropriate standard of care
in their treatment of Plaintiff;
(c) Intervening/Superseding Negligence;
(d) Contributory/Comparative Negligence;
-9- (e) Whether or not any such deviation proximately caused the damages complained of; and
(f) Injuries and damages sustained by the Plaintiff.
(g) Apportionment of Damages.
9.
Specifications of negligence including applicable code sections are as follows:
To be provided by the Plaintiff.
10.
Not applicable.
11.
The types of damages and the applicable measure of those damages are stated as follows:
For Plaintiffs:
Economic Damages for the present full value of Justin’s life
Lost Wages
Funeral Expenses
Non-Economic Damages for the full value of Justin’s life.
Intangible Aspects of value of life to Justin Graham
Pain and Suffering, including physical, mental and emotional from time of arrest to the date of death.
Damages for negligence and wrongful death, economic damages and non economic damages, including pain and suffering.
-10- For Defendants
Defendants do not consent to the Plaintiffs claim of damages.
12.
The following facts are stipulated: None.
13.
The following is a list of all documentary and physical evidence that will be tendered at the trial by Plaintiffs or Defendant.
For Plaintiffs:
1. The jail records provided in color copies without the report sheet or documents from the Hospital chart. 2. The full Hospital Chart from Cobb Wellstar Hospital with all opinions, reports, interpretations, history and all other information contained therein. 3. Contracts between Wellstar and CCSO; Wellstar Phsycians Group and Dr. C. Hendrix; Wellstar and Cobb/Douglas Health Department; Quest Rate Sheet 4. Officer J L Daniels Report 5. Dr. Rushing’s Report 6. Nurse Staffing Reports 7. MELD, APACHE III and SOFA Scoring 8. The report of Death by Dr. Eliacin 9. The Coroner’s Report 10. The Internal Investigative Report for Death in Custody 11. All incident reports provided during discovery 12. The affidavits of Kaufman, Griffis, Kujawski and Washington. 13. The Plaintiff’s Complaint and Answers of the remaining Defendants 14. The Policies and Procedures and Protocols of Wellstar for both the jail and its hospitals 15. Blockbuster employment records 16. KSU Records 17. Nurse practice acts for RN and LPN
-11- 18. 410-11-.03 Use of Nurse Protocols authorized by 43-34-26.1 with Nurse Protocol Physician Signature Page and Nurse signature page as provided substitute to request 19. The Policies, Procedures and Protocols of the Sheriff’s Office/Cobb County Adult Detention Center provided during discovery, particularly the following but not limited thereto: a. Hepatitis Level II; Liver Disease; Renal Disease; Gastrointenstinal Upset, Moderate, Level II; Constipation and Constipation Level II; Chemical Dependency Issues, Level II; Chemical Dependency Issues, Level II; alcohol and other Sedative Drug Withdrawal Syndromes, Level II; CCADC Medical Services Policy and Procedure, Emergency Services; Seizure Activity; Responsible Health Authority and any others applicable. 20. NCCHC standards, comments and position statements in effect for 2006 and JCAHO standard 2006 21. Wellstar Patient Bill of Rights 22. Wellstar Advertisements regarding Care 23. The funeral expenses and print out of his service 24. All pictures of Justin Graham both before the incident and hospital pictures taken by the family 25. All Daily Inmate Movement Records and Personnel on Duty and Inmate recordings by date 26. Wellstar Kennestone Hospital Acute Care Skills 2007 Orientation Manual excerpt for Alert Labs 27. Statutes relating to Service 28. Ethics of the AMA 29. Hypocratic Oath 30. Crossing the Quality Chasm: A New Health System for the 21st Century with Article by Dr. Marcia Delk on “Understanding Safety, Quality and Service” 31. The video of his arrest 32. Tax documents for Wellstar Health System, Inc 2006, 2007, 2008 33. Mortality Table 1949 34. Any and all records, documents, or things produced by the Plaintiff; 35. Any and all records, documents, or things produced by the Defendants; 36. Any and all documents identified in any deposition taken in this case; 37. Any and all documents and/or other tangible evidence acquired through the discovery process; 38. Corticosteroids Improve Short-Term Survival in Patients with Severe Alcoholic Hepatitis (AH): Individual Data Analysis of the Last
-12- Three Randomized Placebo Controlled Double Blind Trials of Corticosteroids in Severe AH 39. Short and Long Term outcome of Severe Alcohol-induced hepatitis Treated with Steroids or Enteral Nutrition; A Multicenter Randomized Trial” 40. Treatment of Severe Forms of Alcoholic Hepatitis: Where are we Going? 41. Sever Acute Alcoholic Hepatitis: An Audit of Medical Treatment 42. 43. Alcoholic Hepatitis 44. A Randomized Trial of Prednisolone in Patients with Severe Alcoholic Hepatitis 45. Survival and Prognostic Factors in Patients with Severe Alcoholic Hepatitis Treated with Prednisolone 46. Infection in Patients with Severe Alcoholic Hepatitis Treated with Steroids: Early Response to Therapy is the Key Factor 47. The Lille Model: A New Tool for Therapeutic Strategy in Patients with Severe Alcoholic Hepatitis Treated with Steroids 48. Alcoholic Liver Disease 49. Present Knowledge in Nutrition 50. Update on the management of Alcoholic Steatohepatitis 51. Any and all pleadings, papers, discovery, documents, and all other material contained in the record and/or documents on file with this Court regarding this matter; 52. Any and all documents or persons needed for the purpose of impeachment or necessary for rebuttal or cross-examination purposes; 53. All CV’s of Plaintiff’s experts 54. The Disease of Addiction – Ridgeview 55. The Road to Recovery 56. Treating Young Adults 57. Cobb County Facility P & P 6.01 58. Diagnosis and Treatment of Alcoholic Liver Disease and its Complications. 59. Treatment of Alcohol Withdrawal 60. Alcohol-Related Liver Disease 61. Guide to Developing and Revising Alcohol ..Detox Protocols 62. CIWA withdrawal assessment 63. Acute Liver Failure – Mayo Clinic 64. Use of Corticosteroids in severe alcohol hepatitis – Madry DF 65. Incident Report of CCSO for 5-25-06 66. Merk Manual 67. PDR
-13- 68. Medical texts, journals, treatises and literature related to the issues relevant to the instant litigation without reading, including those from Plaintiff’s experts and Defendant’s experts. 69. Medical Examiners Report and GBI Toxicology 70. All Affidavits provided in this case whether filed or not from any Defendant or for Plaintiff’s witness 71. All Depositions 72. All pleadings and discovery responses in this case.
73. All Demonstrative evidence and exhibits 74. All documentary of physical evidence listed by any other party 75. ACA Policy on Correctional Health Care 76. 6.01 Policy for Medical Services
Plaintiff may supplement this list prior to trial.
Plaintiff will provide list of exhibits prenumbered prior to trial with copy for the Court.
Defendants have not been afforded the opportunity to review any documentary or physical evidence listed by the Plaintiff and accordingly does not stipulate to the authenticity of the same. Defendants reserve the right to raise any objections to the
Plaintiff's documentary and/or physical evidence upon the same being properly marked and tendered into evidence and object to any document not previously produced.
For Defendants
(1) Medical records from the Plaintiff=s healthcare providers regarding
treatment rendered to the Plaintiff including but not limited to:
a. The Jail chart from the Infirmary;
b. Wellstar Cobb Hospital;
-14- c. LabCorp;
d. Cobb County Medical Examiner’s Office;
e. Cobb County Health Department;
f. Suncrest Healthcare, Inc.;
g. United Healthare;
(2) Any and all school records from the Plaintiff=s schools Plaintiff attended, including but not limited to:
a. Kennesaw State College;
b. Etowah High School;
(3) Any and all financial records from the Plaintiff’s financial institution, , including, but not limited to:
a. Wachovia Bank
(4) Any and all employment records and/or tax returns from the
Plaintiff’s employers, including, but not limited to:
a. Blockbuster
b. QualEx One Hour Photo
(5) Any and all phone records from the Plaintiff’s cellular phone provider, including, but not limited to:
a. AT&T
(6) Any documents produced by any party during discovery and/or any exhibit to any deposition;
-15- (7) Any document necessary for impeachment purposes;
(8) Selected portions of PDR;
(9) Medical texts, treatises and literature related to the issues relevant to
the instant litigation;
(10) Any radiographic films of Plaintiff;
(11) Medical Examiner’s Report;
(12) Visitation Log;
(13) Location Report;
(14) Cobb County Sheriff’s Dept Internal Affairs Documentation ;
(15) Notice of Non-Party Fault filed on May 6, 2011;
(16) Jail policies and procedures/Cobb County Detention Services Policy
& Procedures (J reference);
(17) Nursing Protocol Book 2008;
(18) Nursing Protocol Book 2006;
(19) Cobb County Procedural Manuel;
(20) Cobb County Dept of Public Safety Incident Report for January
arrest;
(21) Cobb County Dept of Public Safety Incident Report for May arrest;
(22) Pod logs;
-16- (23) Visitation records;
(24) Affidavits of any experts in this;
(25) Agreement regarding inmate medical care;
(26) Any medical journal and textbook articles written or referenced by
the Plaintiff’s experts;
(27) All pleadings, including all depositions and the discovery responses
of the parties;
(28) Demonstrative evidence and exhibits;
(29) All materials obtained or produced during discovery;
(30) Any exhibits attached to any deposition taken in this case;
(31) Any documents generated by the Plaintiffs’ expert in relationship to
this case;
(32) Any documents provided by the Plaintiffs’ experts by the Plaintiffs
or Plaintiffs’ counsel;
(33) Any documentary or physical evidence listed by any other party.
These Defendants shall be permitted to supplement this list prior to trial.
The parties reserve the right to supplement or amend this list to add exhibits left out by providing such supplementation in writing to opposing counsel at least two days
-17- prior to trial. The parties further reserve the right to supplement or amend this list to add any exhibits not currently known by any party because of the parties’ failure to produce them in response to discovery requests. The parties do not stipulate to the authenticity of any of the exhibits unless said exhibits have been provided to counsel in advance of the trial of this case for review and the party has expressly stipulated to the authenticity of same and same are hereby Requested by Plaintiff and Offered by Plaintiff.
The parties reserve the right to file motions in limine concerning any and all documents or evidence to be admitted by the opposing party up to the date of any pre-trial conference in this case or at least two days prior to trial. The parties also reserve the right to enlarge or create “blowups” or digital or video reproductions of any of the above listed exhibits and to utilize them in opening and closing. The parties further reserve the right to create summary charts of the above listed exhibits and other evidence.
14.
Special authorities relied upon by Plaintiffs relating to peculiar evidentiary or other legal questions are as follows:
1. Plaintiff is filing a multiple Motions in Limine.
2. Plaintiff reserves the right to file jury charges and trial briefs based on
applicable authorities.
15.
Special authorities relied upon by the Defendants relating to peculiar evidentiary or other legal questions are as follows:
-18- These Defendants rely upon the general law of Georgia with regard to the doctrines of negligence, proximate cause and damages. Furthermore, Defendants adopt and incorporated herein by reference those arguments and positions advanced by all prior
Defendants in support of the previous Motions for Summary Judgment and Motions in
Limine filed in this case. Defendant also relies on the two previous cases of Graham v.
Cobb County, 316 Ga. App. 738 (2012); Graham v. WellStar, Case No. A 16A1600.
16.
All requests to charge anticipated at the time of trial will be filed in accordance with
Rule 10.3.
17.
The testimony of the following persons may be introduced by depositions. The portions of the depositions to be used at trial must be identified by page and lines at least five (5) days before trial. Opposing counsel can object before trial and can counter- designate additional portions of the depositions by page and lines. Any objection to the depositions or questions or arguments in the depositions shall be called to the attention of the court prior to trial.
By Plaintiff:
Any person deposed who is unavailable for testimony, including Dr. Eliacin, Carla Rivera,
Dr. Marcia Delk or any other physician, CCSO employee or any nursing staff.
-19- Plaintiff anticipates utilizing the depositions, in part, of Dr. Eliacin and Marcia
Delk. Plaintiff may take other depositions for use at trial, as well as those permitted by law or agreement of counsel.
By Defendants
(1) Any of the Plaintiff=s treating physicians or health care providers which may be taken prior to trial.
(2) The custodian of any medical records of the Plaintiff.
(3) The custodian of any employment records and/or income tax returns of the
Plaintiff.
(4) The custodian of any documentary evidence relating to any prior or subsequent claims or lawsuits involving the Plaintiff.
(5) Any individual listed in paragraph 18(d) who is unable to attend the trial for a legally sufficient reason.
(6) Any of the witnesses who have previously given testimony in this case.
In the event that the Plaintiff intends to introduce any testimony by way of deposition, Defendants reserve the right to call any objections to the depositions or questions or arguments in the depositions to the attention of the Court prior to the reading of the deposition at the time of trial.
18.
The following are lists of witnesses the:
(a) Plaintiffs will have present at trial:
Jason Graham as of June 13, 2017
-20- (b) Plaintiff may have present at trial:
1. all previously identified witnesses in response to discovery, to
include but not be limited to the following, to wit; i Joy Scoggins ii. Mr. Scoggins iii. Aubrey Tapp iv. Autumn Skye Tapp v. Carole Fisher vi. Melissa Graham iv Clarence Hendrix v. Officer J. L. Daniels vi. Officer Easterly vii. Officer Bonner viii. Marcia Delk ix. Steven Tarter x. David Howell xi. Representatives of Wellstar Health System and its affiliates, and Wellstar Physician Groups xii. Cobb County Adult Detention Center staff previously identified and Cobb County Sheriff, Neal Warren xiii. Dr. Mark Griffis, MD, xiv. Dr. Robert Kaufman xv. Dr. Kenneth Rothstein xvi. Dr. Eliacin xvii. Dr. Byron Thompson xviii. Dr. Kim Richards xix. Dr. Kleber xx. Dr. Rushing xxi. Dr. Fried xxii. Gail Kujawski xxiii. Jill Washburn xxiv. Francis Rushing xxv. Amanda German xxvi. Any named nurse in the Jail Records xxvii. Sue Medley Lane xxviii. Carla Rivera xxix. Danny Shepherd xxx. Chris Betts xxxi. Officer Finney and Officer Daniels
-21- xxxii. Patrick Washington, PA
xxxiii. Jim Budzinski, CFO
xxxiv. Marcia Delk
xxxv. Sherri Padgett
xxxvi. Any identified person in the jail records or hospital records
xxxvii. A witness or representative of Wellstar
xxxviii. Any and all rebuttal experts which may be any expert identified and
deposed or that may become necessary in rebuttal
xxxix. Any custodian of records if required from jail or hospital
xl. Any witness identified during discovery or listed as treating deceased
xli. Any witness listed by the other parties
xlii. Lab Corp Representative as determined by Lab Corp
xliii. Representative from Health and Human Services
xliv. Custodian of any records, medical, employment or tax of any party
xlv. Any person or corporate representative listed in #18 who is unable to
attend the trial for a legally sufficient reason.
xlvi. Any witness who offered testimony in this case for any purpose.
Defendants object to the Plaintiff calling any witness not previously identified.
(c) Defendants will have present at trial: None.
(d) Defendants may have present at trial:
(1) Jason Graham;
(2) Joy Scoggins;
-22- (3) Steven Scoggins;
(4) Aubrey Tapp;
(5) Carole Fisher;
(6) Anthony Parisio;
(7) Dr. Mark Griffis;
(8) Dr. Robert Kaufman;
(9) Dr. Kenneth Rothstein;
(10) Francis Rushing, PhD;
(11) David Howell;
(12) Dr. Clarence Hendrix;
(13) Dr. Byron Thompson;
(14) Dr. Kimberlynn Richards;
(15) Pamela Blackwell;
(16) Danny Shepard;
(17) Jill Washburn; (18) Natalie Bell;
(19) Marcia Delk; (20) Dr. Elizabeth Eliacin;
(21) Donald Nachtsheim;
(22) Karen Muirhead;
(23) Douglas Bonner;
-23- (24) Amanda German;
(25) Sandra Brocker;
(26) J. Lewis Alder;
(27) Neil Warren; (28) James Easterly;
(29) Patrick Washington; (30) Gail Kujawski;
(31) Catherine Cates; (32) Thomas Frundle, RN;
(33) Dr. Scott Kleiber; (34) Dr. Michael Fried
(35) A representative of representatives of Wellstar;
(36) A representative or custodian of any entity relating to any
documentary evidence.
(37) any witness or treating physicians identified in any medical records
of the Plaintiff, including, but not limited to:
(38) Physicians and/or health care providers who have treated the
Plaintiff.
(39) Medical record custodian of any facility which rendered care or
treatment to the Plaintiff.
(40) The custodian of any employment records and/or income tax returns
of the Plaintiff.
-24- (41) The custodian of any documentary evidence relating to any prior or
subsequent claims or lawsuits or automobile accidents involving the
Plaintiff.
(42) Any witness listed by the other parties.
Defendant objects to the Plaintiffs calling any witness not previously identified in
Plaintiffs’ Responses to Defendants= First Interrogatories.
Defendant reserves the right to challenge the qualifications of the Plaintiff’s experts.
Defendants may supplement this list prior to trial upon sufficient notice to
Plaintiff=s counsel to allow for any additional discovery necessary prior to trial.
Opposing counsel may rely on representation by the designated party that he will have a witness present unless notice to the contrary is given in sufficient time prior to trial to allow the other party to subpoena the witness or obtain his testimony by other means.
The parties reserve the right to supplement or amend their lists of possible witnesses upon giving written notice to opposing counsel at least two (2) days prior to trial unless surprised in unavailability and then will sufficient time to allow for discovery necessary prior to trial..
Opposing counsel may rely on representation by the designated party that he will have a witness present unless notice to the contrary is given in sufficient time prior to trial to allow the other party to subpoena the witness or obtain his testimony by other means.
19.
-25- The form of all possible verdicts to be considered by the jury are as follows:
For Plaintiffs:
We the jury find for the Plaintiff and against Defendants
Wellstar Health System Inc.
Clarence Hendrix
David Howell
In the sum of ______.
We the jury find for the Defendants
Wellstar Health System Inc.
Clarence Hendrix
David Howell
A. We, the jury, find for Plaintiffs Estate for the funeral expenses and pain
and suffering in the amount of $______.
B. We the jury find for Joy Scoggins for the full value of Justin Grahams
life in the amount of $______.
C. We the jury apportion the damages for pain and suffering as follows:
a. Justin Graham
b. Wellstar Healthcare System, Inc.
c. Wellstar Health System, Inc as employer of Clarence Hendrix &
David Howell
d. Dr. Clarence Hendrix
e. David Howell
-26- f. Non Parties
D. We the jury apportion the damages for the full value of Justin Graham’s
life as follows:
a. Justin Graham
b. Wellstar Healthcare System, Inc.
c. Wellstar Health System, Inc. as employer of Clarence Hendrix
and David Howell
d. Dr. Clarence Hendrix
e. David Howell
f. Non Parties
For Defendant
The parties shall submit a verdict form based on the evidence prior to the submission to the jury.
20.
(a) The possibilities of settling the case are:
Poor.
(b) The parties do want the case reported, including voir dire, opening,
and closing;
(c) The cost of takedown will be shared equally by the parties;
(d) Other matters:
The parties reserve the right to file Motions in Limine.
(e) Plaintiff invokes the Rule of Sequestration.
-27- (f) Plaintiff requests that two alternates be selected to remain with the jury
of 12 in case of emergency because of the length of this trial.
(g) Defendant’s list of medical providers and records outlined in
Paragraph 14 (b) shall constitute notice that said records may be
utilized under O.C.G.A. §§ 24-8-803 and 24-9-902.
This ____ day of June, 2017.
Respectfully submitted by:
Austin Law Group, PC.
For Plaintiff:
By:______Laura E. Austin, Esq. Georgia Bar No. 028825
338 Creekstone Ridge Woodstock, Ga. 30188 (770) 427-0141 [email protected]
For Defendants:
By:______Curtis Anderson, Esq. Georgia Bar No.: 018470
288 Washington Ave. Marietta , GA 30060 770-422-3233
-28- [email protected]
-29- It is hereby ordered that the foregoing constitutes the PRE-TRIAL ORDER in the above case and supersedes the pleadings which may not be further amended except by order of the Court to prevent manifest injustice.
This ______day of ______, 2017.
______THE HONORABLE LARK INGRAM COBB SUPERIOR COURT
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