United States District Court, N.D. Georgia, Atlanta Division
OPINION AND ORDER
W. THRASH, JR. UNITED STATES DISTRICT JUDGE
a negligence action arising from a motor vehicle collision.
It is before the Court on the Defendants Lyle Weidner,
Quality Carriers, Inc., and Old Republic Insurance
Company's Motion to Exclude Plaintiff's Expert
Witness [Doc. 67] and Motion for Summary Judgment [Doc. 68].
For the following reasons, the Defendants' Motion to
Exclude and Motion for Summary Judgment are DENIED.
case arises out of a motor vehicle collision that occurred on
March 1, 2016. The Plaintiff April Kimbrough alleges the
Defendant Lyle Weidner negligently struck the front of her
vehicle while Weidner was changing lanes on Interstate 85
southbound in Franklin County, Georgia. Kimbrough claims
that, she has suffered disc herniation in the cervical and
lumbar spine, as well as general muscle sprains and strains
as a result of the collision. Kimbrough filed this lawsuit on
March 2, 2017, alleging claims of negligence and negligence
per se against Weidner. Also included in
the Complaint were claims against the Defendants Quality
Carriers, Inc. and Old Republic Insurance Co.
discovery, which is now closed, the Defendants requested that
Kimbrough disclose all of her experts. Specifically, on April
21, 2017, the Defendants' Interrogatory 20 requested that
Please identify each expert of every type
expected to testify at trial, INCLUDING WITHOUT
LIMITATION TREATING PHYSICIANS AND PRACTITIONERS OF THE
HEALING ARTS, and state the subject matter about
which the expert is expected to testify, th1e substance of
the facts and opinions to which the expert is expected to
testify, and give a summary of the grounds for each opinion.
This Interrogatory applied to all expert witnesses
of every kind. The trial court has the power to exclude any
expert or any expert testimony not fairly disclosed in
your answer to this
responded as follows:
RESPONSE: Plaintiff has not
retained an expert to testify at the trial of the matter as
of the date of Plaintiff's responses to this discovery.
Should such an expert be retained in the future, Plaintiff
agrees to supplement Plaintiff's response to this
discovery. By way of further response, Plaintiff states that
Plaintiff's treating physicians, identified herein, may
testify at the trial of this matter.
1, 2017, Kimbrough supplemented her original response to
Interrogatory 20 in relevant part as follows:
SUPPLEMENTAL RESPONSE: Plaintiff identifies
Kamal C. Kabakibou, M.D. (medical doctor associated with
Center for Pain Management who provided care and treatment to
Plaintiff following the collision) - 3193 Howell Mill Road,
Suite 315 Atlanta, GA 30327 (404) 603-9090. Dr. Kabakibou is
a physician who provided care and treatment to the Plaintiff
following the collision at issue.
Dr. Kabakibou will testify regarding his education, training
and experience. Dr. Kabakibou will testify regarding his
understanding of the collision at issue. Dr. Kabakibou will
testify as to Plaintiff's injuries and damages, and that
testimony will include his expert opinions as to diagnosis,
prognosis, and causation. Dr. Kabakibou will testify as to
the care and treatment he provided to the Plaintiff, the
basis of that care and treatment, and the cost of that care
and treatment. Dr. Kabakibou will provide testimony that the
Plaintiff was injured as a result of the collision at issue,
he will discuss the nature of the Plaintiff's injuries,
and he will provide testimony that the medical expenses
Plaintiff incurred at Center for Pain Management were
reasonably related to the care and treatment of injuries
caused by the collision. To date, those expenses total $40,
320.02, including the physician fee, the facility fee, and
the surgery center fee.
Dr. Kabakibou will testify regarding Plaintiff's neck
pain, shoulder pain, and back pain, as well as the cause of
that pain. Dr. Kabakib-ou will testify regarding the
objective findings found on the MRIs performed on
Plaintiff's lumbar spine, as well as on her cervical
spine. More specifically, Dr. Kabakibou will testify
regarding Plaintiff's disc protrusions/herniations found
in Plaintiff's cervical and lumbar spine, as well as
facet arthropathy. Dr. Kabakibou will testify regarding his
physical exams of the Plaintiff. Dr. Kabakibou will testify
regarding procedures administered upon the Plaintiff's
cervical and lumbar spine so as to aid in pain relief,
including physical therapy, facet injections, and
Radiofrequency Thermo- coagulation. Dr. Kabakibou will
discuss the effect of these procedures on the Plaintiff. Dr.
Kabakibou will also discuss options available to the
Plaintiff in the future, including without limitation
additional facet injections, Radiofrequency
Thermocoagulation, and surgery (L4-5 ALIF). Dr.
Chappuis will discuss the estimated costs of
additional facet injections, and Radiofrequency
Thermocoagulation. Dr. Kabakibou will discuss the frequency
of those procedures. Dr. Kabakibou will testify that the
injuries identified herein, the treatment thereof, and the
costs associated therewith are the result of the motor
vehicle collision at issue. Dr. Kabakibou will testify that
the medical bills are reasonable in the medical profession.
Dr. Kabakibou's opinions will be stated within a
reasonable degree of medical certainty.
During his testimony, Dr. Kabakibou will rely upon the
Plaintiff's medical history, statements provided by the
Plaintiff to him, as well as other medical records generated
during the course of Plaintiff's treatment following the
collision at issue, including diagnostic imaging studies. Dr.
Kabakibou reasonably relies upon those records and imaging
studies in the ordinary course of his practice.
For further explanation, Plaintiff incorporates by reference
all medical records and bills generated during the course of
Plaintiff's treatment with Kabakibou. Said records and
bills have been provided to counsel for the Defendants in
Defendants now move to exclude Dr. Kabakibou's testimony
on the basis that he was not properly disclosed as an expert
witness. The Defendants also move for summary judgment on the
grounds that, if Dr. Kabakibou's ...