FRANK RIDEAU DOCKET NO. 623,918 SEC th JUDICIAL DISTRICT COURT JOINT PRETRIAL ORDER

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2 FRANK RIDEAU DOCKET NO. 623,918 SEC. 23 VERSUS USAA CASUALTY INSURANCE COMPANY and FRANCIS GAUTHIER 19 th JUDICIAL DISTRICT COURT PARISH OF EAST BATON ROUGE STATE OF LOUISIANA JOINT PRETRIAL ORDER NOW INTO COURT, through their respective counsel of record, come plaintiff, FRANK RIDEAU, and defendants, UNITED SERVICES AUTOMOBILE ASSOCIATION (hereinafter referred to from time to time as USAA ) and FRANCIS GAUTHIER, who jointly submit this Pre-Trial Order: A. CONCISE SUMMARY OF FACTS/CONTENTIONS OF PLAINTIFF FRANK RIDEAU: On March 21, 2013, Plaintiff, Frank Rideau, was injured when Francis Gauthier, operating his 2008 Dodge pickup, was making an unprotected left turn into the path of Mr. Rideau s vehicle when he struck the front drivers side of Mr. Rideau s vehicle. Frances Gauthier is presumed to be at fault. Frank Rideau sustained ongoing injuries and a loss of wages and earning capacity, and he continues to require medical treatment for his injuries. On the date of this accident, there was in full force and effect a policy of automobile liability insurance issued by defendant, USAA, insuring the 2008 Dodge pickup operated by Mr. Gauthier. B. CONCISE SUMMARY OF FACTS/CONTENTIONS OF DEFENDANTS USAA CASUALTY INSURANCE COMPANY AND FRANCIS GAUTHIER: Defendants deny any and all fault and/or liability on the part of Francis Gauthier and USAA and further deny that plaintiff was injured in the accident sued upon herein or, in the alternative, that he was injured to the extent claimed. Defendants further aver that plaintiff is under a continuing duty to mitigate his damages and any evidence showing otherwise is admissible to prove lack of mitigation. Defendants further aver that plaintiff suffered from a pre-existing condition which was not caused or aggravated by the accident sued upon and that the medical expenses claimed by plaintiff herein are unreasonable and/or are not subject to the collateral source rule. Defendants further aver that plaintiff s alleged injuries were caused and/or aggravated by an intervening and/or superseding event or occurrence. Defendants have prayed for a trial by jury herein in the original answer filed by defendants herein. Defendants contend that plaintiff s petition should be dismissed at plaintiff s costs for the reasons set forth above. C. ESTABLISHED FACTS: 1. A motor vehicle accident took place on or about March 21, 2013, involving a vehicle operated by Frank Rideau and a vehicle operated by Francis Gauthier on Essen Lane in Baton Rouge, Louisiana. 2. During the subject incident, Mr. Gauthier was operating a 2008 Dodge pickup truck. 3. At the time of the accident at issue, USAA had in full force and effect a policy of automobile insurance, number U71022, which extended liability coverage to Francis P. Gauthier in the amount of $500, per person/1 million dollars per accident. In addition, during the same time frame, USAA had

3 in full force and effect an umbrella policy which extended additional liability coverage to Francis P. Gauthier in the amount of one million dollars. D. CONTESTED ISSUES OF FACT: 1. Liability on the part of defendants. 2. The amount and extent of damages, personal injury, or property damage sustained by the plaintiff. 3. The nature, extent, and source of the injuries alleged by the plaintiff. 4. If plaintiff was injured, the amount which will adequately compensate him. 5. Cause of the accident. E. CONTESTED ISSUES OF LAW: 1. All of those inherent in the pleadings on file as they relate to the contested issues of fact above; and 2. All issues of law necessary for determination of fault. F. EXHIBITS OF PLAINTIFF: PLAINTIFFS MAY INTRODUCE THE FOLLOWING EXHIBITS. EXHIBIT AUTHENTICITY AND/OR ADMISSIBILITY HAVE NOT YET BEEN STIPULATED. 1. A copy of any subject police report; 2. A certified copy of the USAA Casualty Insurance Company policy; 3. A copy of any other pertinent insurance policies; 4. Medical records and bills from all of plaintiffs treating physicians, including but not limited to those identified in Plaintiffs Witness list and/or discovery responses: Hennessy Physical Therapy, Bone and Joint Clinic, Orthopedic Care Center, Baton Rouge Imaging, Medical Center of Lafayette, DPI Anesthesia, Barczyk Chiropractic Group, Zachary Orthopedic Care Center, Dr. Rani Whitfield, Louisiana Medical Clinic. 5 Medical records of and all of the medical providers unnamed in the Witness List; 6. Any and all employment records, wage records, income tax records, earnings record 7. Reports of any experts; 8. Photos, videos, diagrams of the accident, accident scene; property damage and injuries; 9. Property damage estimate, invoices and records; 10. Employment and driving records of Francis Gauthier; 11. Depositions and/or statements of any party and/or witness not available at trial;

4 12. Medical records and bills of any other medical care providers who may have treated plaintiff prior and subsequent to the accident in question; 13. Discovery propounded by any party and responses thereto; 14. Any and all pleadings filed in this lawsuit; 15. Itemization of medical bills; 16. Itemization of Lost Earnings and Earning Capacity 17. Any and all impeachment materials; and 18. Any other exhibit listed and/or introduced by any other party. Plaintiff reserves the right to supplement and amend. G. EXHIBITS OF DEFENDANTS: DEFENDANTS MAY INTRODUCE THE FOLLOWING EXHIBITS. EXHIBIT AUTHENTICITY AND/OR ADMISSIBILITY HAVE NOT YET BEEN STIPULATED. 1. Any exhibit listed by any other party. 2. Any and all discovery pleadings exchanged during the course of this suit. 3. Photographs of vehicles and/or accident scene. 4. Any discovery documents exchanged. 5. Any documents received via subpoena duces tecum, including, but not limited to, documents and/or medical records from any and all healthcare providers of plaintiff, Frank Rideau or Lujiwiana Rideau, including, but not limited to, medical records of the following: a. Dr. Hebert Dunaway b. Orthopedic Care Center of Louisiana c. Louisiana Medical Clinic d. Dr. David Wyatt e. Barczyk Chiropractic Clinic f. Diversified Professionals g. Baton Rouge Imaging h. Hennessy Physical Therapy i. Dr. Rani Whifield j. Bone & Joint Clinic k. Dr. James Smith, DDS l. Walgreen s Pharmacy m. Medical Center of Lafayette

5 6. Any depositions taken in connection with this matter. 7. Any impeachment evidence. 8. The policy of insurance issued by United Services Automobile Association to Francis Gauthier. 9. Any documents reviewed or referenced by any expert in this case. 10. Any expert report. 11. Any demonstrative evidence, as necessary. 12. Plaintiff s state and federal income tax records, including W-2s and 1099s for the years 2009 through the year of trial. 13. All employment records of plaintiff, including, but not limited to, records of the following: a. Money Time Tax Services b. Lincoln Heritage Life Insurance c. East Baton Rouge Parish Sheriff s Office d. International Business Machines e. Any other employer of Frank Rideau 14. Medical records of EMS Medical Services 15. Medical records of any physician who has treated plaintiff prior to the accident sued upon 16. Records of all healthcare insurers of plaintiff prior to and subsequent to the date of the accident sued upon. 17. Copies of all pleadings and suit records from plaintiff s prior lawsuits. 18. Copies of all settlement documents from plaintiff s prior claims and lawsuits. 19. All prescription records of plaintiff. 20. Copies of all of plaintiff s cell phone records on the date of the accident. 21. Copies of plaintiff s credit card records from Records of New York Life Insurance Company regarding wage loss claim. 23. Any other exhibit listed and/or introduced by any other party. Defendant reserves the right to supplement this exhibit list as information becomes or is made available. H. WITNESSES OF PLAINTIFF:

6 PLAINTIFF MAY CALL THE FOLLOWING WITNESSES 1. Frank Rideau; 2. Francis Gauthier, on cross-examination; 3. Officer Robert Devore, Baton Rouge Police Department, Badge No. P6661; 4. A representative of USAA Casualty Insurance Company; 5. A representative of Roadrunner Towing; 10. Any representative from Hennessy Physical Therapy; 11. Dr. Kevin McCarthy and/or any representative from Bone and Joint Clinic; 12. Dr. William Armington, and/or a representative from Baton Rouge Imaging; 13. Any representative from Orthopedic Care Center; 14. Any representative from Medical Center of Lafayette; 15. Any representative from DPI Anesthesia; 16. Any representative from Barczyk Chiropractic Group; 17. Any representative from Zachary Orthopedic Care Center; 18. Dr. Rani Whitfield; 19. Any representative from Louisiana Medical Clinic; 24. Friends and family of Frank Rideau; 25. Employers, supervisors and co-workers of Frank Rideau, including but not limited to those from any of the employers identified in discovery or in this pre-trial order by any party; 26. Experts to be identified, including but not limited to the following: accident reconstructionist, economist, vocational rehabilitation counselor and life care planners; 27. Any witness necessary for impeachment or rebuttal; 28. Any witness necessary to authenticate any exhibits; and 29. Any other witness listed by any other party. 30. Gorman & Gorman, Inc. - Life Care Planning 31. Bob Gisclair - Vocational Rehabilitation 32. Randolph Rice - Economist 33. Dr. David Barczyk - Biomechanics 34. Richard L. Fox - Accident Reconstruction 35. Blake Palmintier - Multi-Media/Demonstratives

7 Plaintiff reserves the right to supplement and amend. I. WITNESSES OF DEFENDANTS: DEFENDANTS MAY CALL THE FOLLOWING WITNESSES 1. Dr. Hebert Dunaway 2. A representative of all employers re: wage loss issues 3. Maurice Landie re: wage loss issue 4. Richard Harrington re: wage loss issue 5. Francis Gauthier re: facts 6. A representative of EMS re: medicals 7. Robert Devore, Baton Rouge City Police, re: facts 8. Frank Rideau re: facts 9. Lujiwiana Rideau re: facts 10. Defense economic expert (possibly Mr. Dan Cliffe) if plaintiff produces an economist report. 11. Defense vocational expert (possibly Larry Stokes) if plaintiff produces a vocational rehabilitation expert report. 12. Defense expert for each and every expert named by plaintiff in response to interrogatories, if plaintiff produces reports for same. 13. Dr. Curtis Partington re: IME analysis of diagnostic films 14. IME for orthopedic surgeon 15. Any physician who has treated plaintiff prior to or subsequent to the date of the accident sued upon. 16. Dr. David Wyatt 17. Dr. James Smith 18. Dr. Rani Whifield 19. Dr. Reagan Armington 20. Dr. Kevin McCarthy 21. A representative of Walgreen s Pharmacy 22. A representative of any and all healthcare providers pertaining to introduction of records 23. Dr. Robert Lecky

8 24. Dr. Jason Collins 25. Holly Raggio Guidry, D.C. 26. A representative of United Services Automobile Association 27. Any witness listed by any other party 28. Any witness necessary to introduce any exhibit Defendants reserve their right to supplement this witness list as information becomes or is made available, with proper notice to opposing counsel. J. OTHER MATTERS: There are discovery issues outstanding at this time with regard to documentation that has not been furnished to defendants, although requested. Also, experts have been listed by plaintiff who may be called, however, no reports have been furnished and it is unknown at this time if the plaintiff has retained any or all of the experts listed in response to discovery. Whether or not defendants retain experts in the same field would be dependent upon whether or not plaintiff does in fact intend to call any or all of the expert witnesses listed in response to discovery. K. ESTIMATED TRIAL TIME: The parties believe that this matter can be tried to a jury in 3 to 5 days. Spencer Calahan Injury Lawyers, LLC Brady K. Patin, Bar Roll No Spencer Calahan Injury Lawyers 827 St. Louis Street Baton Rouge, LA Telephone: (225) Facsimile: (225) KINCHEN, WALKER, BIENVENU, BARGAS, REED& HELM, L.L.C. VALERIE BRIGGS BARGAS La. Bar Roll # Jefferson Highway Building III, Suite F Baton Rouge, LA Telephone: (225) Facsimile: (225)