HomeMy WebLinkAbout2020CV30363 - Stuward Cross And Katrina Richman V. City Of Fort Collins - 030 - Plaintiffs' Motion For Video Testimony Of Doctor HughesDISTRICT COURT, LARIMER COUNTY, STATE OF
COLORADO
Court Address:
201 Laporte Ave.
Fort Collins, CO 80621
Plaintiffs:
STUWARD CROSS AND KATRINA RICHMAN
v.
Defendant:
THE CITY OF FORT COLLINS, STATE OF
COLORADO
Court Use Only
Attorneys for Plaintiffs:
Laura Browne, # 46673
Ashley Fridovich, # 47538
WILHITE, ROSE, MCCLURE &, SAWAYA P.C.
1600 Ogden Street
Denver, CO 80218
Phone Number: (303) 839-1650
FAX Number: (303) 832-7102
E-mail: lbrowne@sawayalaw.com
afridovich@sawayalaw.com
Case Number: 2020CV30363
Division: 5A
PLAINTIFFS’ MOTION TO PERMIT VIDEO TESTIMONY BY DR. JOHN HUGHES
AND REQUEST FOR FORTHWITH ORDER
COME NOW, the Plaintiffs, Stuward Cross and Katrina Richman, by and through their
counsel, and hereby respectfully move the Court to permit their retained medical expert, Dr. John
Hughes, to testify via video conferencing. As grounds, Plaintiffs state the following:
C.R.C.P. §121 CONFERRAL
Counsel for Plaintiffs conferred with counsel for Defendant on this Motion. Counsel for
Defendant does not oppose this Motion.
DATE FILED: October 4, 2021 12:48 PM
FILING ID: 43FCD19ACCCF7
CASE NUMBER: 2020CV30363
1. This matter arises out of a motor vehicle collision that occurred on June 7, 2017. As a
result of the collision, Plaintiffs allege that they sustained injuries.
2. Trial for this matter is set to begin November 15, 2021.
3. Plaintiffs intend to call Dr. John Hughes for trial testimony. Dr. Hughes is a retained
medical expert who performed records reviews for both Plaintiffs and completed reports
in rebuttal to Defendant’s retained medical expert, Dr. Lloyd Thurston.
4. Plaintiffs disclosed Dr. Hughes’ reports on July 30, 2021.
5. Dr. Hughes is unavailable to physically attend trial the week of November 15, 2021 due
to prior commitments, including testimony in another trial and court-ordered DIME
appointments in other cases.
6. Dr. Hughes’ office is located in Littleton, Colorado. It would take Dr. Hughes 1.5 – 2
hours each way to commute from his office to the courthouse for trial. Dr. Hughes has
court-ordered DIME appointments before and after his scheduled testimony and would
be unable to attend those appointments if not able to testify remotely.
7. Dr. Hughes is an essential witness, as he was retained on behalf of both Plaintiffs to
review their medical treatment records and offer opinions regarding the causation of
their injuries in rebuttal to Defendant’s retained medical expert.
8. Dr. Hughes is available by video conferencing for his testimony.
9. Plaintiffs request the Court allow testimony provided by Dr. John Hughes to take place
via video during the trial.
10. Video testimony would not limit counsel for Defendant’s ability to cross examine and
Defendant does not oppose this Motion.
WHEREFORE, Plaintiffs respectfully request this Court GRANT their Motion to permit
their retained medical expert, Dr. John Hughes, to testify via video conferencing. Plaintiffs request a
FORTHWITH Order on this Motion to allow both parties to schedule witnesses for trial.
DATED: October 4, 2021.
Respectfully submitted,
WILHITE, ROSE, MCCLURE & SAWAYA, P.C.
/s/ Laura Browne
Original Signature on File in Attorney’s Office
Laura Browne, Attorney for Plaintiffs
CERTIFICATE OF SERVICE
I certify that on October 4, 2021 this MOTION TO PERMIT VIDEO TESTIMONY
BY DR. JOHN HUGHES was served on all parties via CCEF electronic filing to the following:
Andrew W. Callahan, Esq.
Julie M. Yates, Esq.
WICK & TRAUTWEIN, LLC
P.O. Box 2166
Fort Collins, CO 80522
Attorney for Defendant
Adam Stephens, Esq.
FORT COLLINS CITY
ATTORNEY’S OFFICE
P.O. Box 580
Fort Collins, CO 80522
Attorney for Defendant
/s/ Kassandra Burival
Original Signature on File in Attorney’s Office
Kassandra Burival, Paralegal