Plaintiff Rickie Russell, Jr. (“Russell) alleged that, on August 13, 2021, Terry Delmer Prater (“Prater”) crashed an 18-wheeler truck into Russell’s roadside work crew Russell claimed he was pinned between two vehicles and suffered serious injuries as a result of that motor vehicle collision. Russell brought suit against Defendants Prater and Big V Feeds, Inc. for the injuries he sustained.
As part of their defense, Defendants retained Randolph Evans, M.D. (“Dr. Evans”) to offer expert testimony. On July 15, 2024, Russell filed his motion to exclude Randolph Evans.
Neurology Expert Witness
Randolph W. Evans, MD received his B.A. from Rice University in 1974 and M.D. from Baylor College of Medicine in 1978. Evans completed his internship and residency in Neurology at Baylor College of Medicine in 1982. He is board certified in Neurology and subspecialty certified in Headache Medicine and a fellow of the American Academy of Neurology, the American Headache Society, and the Texas Neurological Society.
Discussion by the Court
Evans has sufficient qualifications to serve as an expert
First, Russell argued that Evans lacked the requisite qualifications to serve as an expert in the present case because he “has never physically examined Russell, listened to his complaints, and would not even recognize Russell if he was standing across the hall from him.” Further, Russell argued that the medical records Russell produced are “the best evidence of [his] condition after the crash.”
After reviewing Evans’ curriculum vitae, the Court was satisfied with Evans’s education, training and experience to qualify him to offer his opinion on Russell’s alleged traumatic brain injury and the reasonableness and necessity of Russell’s medical treatment.
Evans’ methodology is reliable
Russell next argued that Evans “has provided zero methodology to support how he came to his conclusion” and that there is a “significant analytical gap in Evans’ approach.”
Evans identified the medical records for Russell that he reviewed and then summarized those records in detail in his report. Thereafter, he applied his education, training, experience, and knowledge of the medical facts within the medical records to reach his opinions regarding the potential presence of a mild traumatic brain injury in reasonable medical probability. He cited the Glasgow Coma Scale and various other medical publications in support of his opinions.
Held
The Court denied Plaintiff’s motion to exclude the testimony of Randolph Evans.
Key Takeaway:
The role of district courts at this juncture is to ensure relevance and reliability, not accuracy. Evans applied his education, training, experience, and knowledge of the medical facts within the medical records to reach his opinions regarding the potential presence of a mild traumatic brain injury in reasonable medical probability.
Case Details:
| Case Caption: | Russell, Jr. V. Big V Feeds, Inc. Et Al |
| Docket Number: | 4:23cv622 |
| Court: | United States District Court, Texas Eastern |
| Order Date: | August 16, 2024 |
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