Ride the Ducks Trial Day 32: a chorus of objections

Trial day 32: Wednesday November 28, 2018

Skype witness Dr. Laukant is from Wisconsin – doctor for Rhonda C the former UPS driver who lives with her wife in Amish country.  We are avoiding calling doctors except for the cases involving surgery.  Here, the defense has denied all of the medical bills and so we need to go through the technical dance of having a primary care provider testify that the referrals were appropriate, the care reasonable and necessary, and the total hip replacement in particular related to the crash. 

In the first minute of testimony, ask if she’s a treating physician for the plaintiff, and Steve Puz objects. 

A few minutes later after doctor runs down a list of injuries she referred the patient out to specialists for, ask her if they were more probably than not related to the crash.  Tyler Hermsen (RTDI): objection.  Sustained. 

Have her lay out her board certification, confirm (again) that she is a doctor.  Reask the question.  Pat:  Objection compound. Overruled.

Very next question:  now the treatments that you referred rhonda to, where those reasonable treatments.  Tyler: objection.  Overruled.

Move to admit medical record summary under ER 1006.  Tyler:  Objection foundation improper.  Pat: join.  Court overruled.

This is how it goes for an hour.  Everything is objected to by the defense who continually join each other.  It’s almost charming to see how in sync they are with one another.

                Q   With respect to the charges that you've identified

        4          as having knowledge of, in your opinion as a medical

        5          doctor in Wisconsin who has made referrals in that

        6          community, were these charges for the services that you

        7          would have directed reasonable and necessary and

        8          customary.

        9            MR. PUZ:  Excuse me, your Honor.

       10            THE COURT:  Overruled.

       11            MR. PUZ:  Can I please get my objection just for the

       12          record.

       13            THE COURT:  Overruled.  Answer the question.

       14            MS. BUCHANAN:  I'd like to join the objection.

       15            MR. HERMSEN:  RTDI, as well, your Honor.

       16            THE COURT:  Got it.  Overruled

       17          BY MS. KOEHLER:

       18     Q.   Doctor, can you answer that question.

       19     A.   Yes, those look reasonable.

Do not lose temper.  This is a doctor in a rural community who has probably never testified in court before.  She’s doing a really nice job despite the defense protest going on over here.

Take a look at the jury consultants sitting back there – separated so no one will notice they are intently examining the jury.  Either they are giving the worst advice to the defendants or they have totally lost control.