Oakley v Warren

Page 1

FOURTH JUDICIAL CIRCUIT OF VIRGINIA

CIRCUIT COURT OF THE: CITY OF NORFOLK

EVERETT A. MARTIN, JR.

100ST PAUL'S 80ULEVARD

JUDGE

NORFOLK. VIRGINIA 23510

July 23, 2007

Ms. Amberley G. Jochens Bertin~ O'Donnell &]ochens, P.c.

1000 Dominion Tower, Suire 1010

999 \X'aterside Drive

Norfolk, Virginia 23510

!vir. William E. Artz 1700 North Moore, Suite 1010 Arlington, Virginia 22209 Tvl:r. Joha R Redmond Hancock., Daniel,Johnson & Nagel, P.c. One Columbus Center, Suite 301 Virginia Beach, Virginia 23462

Re: Carolyn B. Oakey v. Paul D. Warren, M.D., et a1. Civil No.: CL06-3647 Dear 1vfs. Jochens, fl..1r. j\rtz, and fl..1r. Redmond: The liberal rules of discovery in civil cases were adopted so a trial would better be a search for the truth and not an ambush. It was hoped that each side's knowledge of the strengths and weaknesses of both parties' cases ,vould also encourage settlements or voluntary dismissals, and, when appropriate, allow the court to conclude cases with summary fudgments. If this case is representative of the ~ray expert ",ritness disclosure is usually handled in medical malpractice cases, the noble aims of discovery have been twisted into a grOWIl-up version of hide-and-seek Dr. JOM Cardea, one of the plaintiffs treating physicians, testified in his deposition of April 30, 2007, that Mr. Artz first called him in early or mid-2006 about testifying as an expert. Tr. pp. 30-2. (..AJl dates are in 2007 unless otherwise indicated). In his second deposition, on July 2, he said that he agreed to testify as an expert witness shortly before his first deposition. Tr. pp. 7-9, 15-18. Counsel for the plaintiff answered the expert witness interrogatory designating Dr. Cardea. on Juoe 20, five days before the scheduling order

1


Turn static files into dynamic content formats.

Create a flipbook
Issuu converts static files into: digital portfolios, online yearbooks, online catalogs, digital photo albums and more. Sign up and create your flipbook.
Oakley v Warren by Norfolk Circuit Court Clerk's Office - Issuu