Tarrant County District Judge Allows Physicians’ Contested Testimony in Insurance Lawsuit

A Tarrant County district judge has allowed the testimony of two physicians contesting a plaintiff’s medical injuries in a car accident to stand in court. In two separate orders, the Honorable Judge Don Cosby denied the requests to remove the counter affidavits that provides notice of contested testimony at trial. 

The case is in the Tarrant County 67th Judicial Court in Fort Worth. Perry Law PC attorneys Meloney Perry and Stacy Thompson represent Government Employees Insurance Company (GEICO).

The issue stems from a lawsuit against Ralph Torres and GEICO from a 2018 car accident involving the plaintiff Pamela Anderson. According to the lawsuit, Ms. Anderson did not seek medical treatment at the time of the accident but did incur $225,000 in medical expenses in the following six months. Ms. Anderson filed an affidavit for medical and billing records. In response, Ms. Perry and Ms. Thompson served Dr. Stephen Ozanne’s and Dr. Edward Le Cara’s counter affidavits contesting some of the care Ms. Anderson received.

Ms. Anderson’s attorney claimed Dr. Ozanne is not qualified to comment on her care due to his background, and he failed to provide reasonable notice of his basis to contest Plaintiff’s care.

Ms. Perry and Thompson argued Dr. Ozanne is an orthopedic surgeon with the knowledge, education, training, and experience to contest Ms. Anderson’s injuries, which included an MRI and steroid injections. In her effort to remove the counter affidavit, Ms. Anderson said only a chiropractor, radiologist or pain management physician is qualified to comment on her injuries. Ms. Perry and Ms. Thompson showed Ms. Anderson’s doctor, who ordered the MRI’s and gave the steroid injection, is also an orthopedic spine surgeon with similar qualifications as Dr. Ozanne. 

The attorneys cited the Texas Civil Practice and Remedies code which allows for the admissibility of evidence that would not otherwise be allowed in court to dispute Ms. Anderson’s claims and told the court she was creating more confusion regarding medical services. 

Dr. Edward Le Cara’s counter affidavit contests Ms. Anderson’s chiropractic care. Ms. Anderson noted in her filing that Dr. Le Cara did not provide reasonable notice of his intent to challenge Plaintiff’s care and his claims are not supported by scientific study, but Ms. Perry and Thompson showed the court a report submitted by the physician that included scientific references. 

The case is Pamela Anderson v. Ralph Torres, GEICO Insurance Agency, Inc., CAUSE NO. 067-302455-18 in the Tarrant County 67th District Court in Fort Worth.