Defendant seeks to exclude testimony from injured deliveryman's physician

David Yates Feb. 29, 2012, 8:18am


A defendant in a personal injury lawsuit has filed a motion to exclude the testimony of one of the plaintiff's treating physicians.

While helping to carry a heavy pipe, defendant Royce Long dropped his end, which allegedly injured the man who delivered the pipe, plaintiff John Stelly.

As previously reported, Stelly filed suit against Long and his business, Long's Trailer Repair, on Feb. 11, 2011, in Jefferson County District Court, claiming he hurt his back because of Long's carelessness.

On Feb. 23 Long filed a motion to exclude the expert designation of Dr. J. Bryan Williamson, Fondern Orthopedic Group, Texas Orhopedic Hospital and their respective custodians of records, court papers say.

The motion argues their testimony pertains to treatment for a condition unrelated to the injury alleged by Stelly in his lawsuit and therefore is irrelevant.

According to the lawsuit, on Aug. 3, 2009, Stelly, while in the employment of Superior Supply & Steel, was delivering pipe to Long.

The two were carrying the pipe when Long "suddenly and without warning dropped his end of the pipe," allegedly injuring Stelly's back, the suit states.

Stelly says in his suit that Long owed him a duty to unload and carry the pipe in a safe manner.

He is suing for his alleged past and future medical expenses, mental anguish, pain, impairment, disfigurement and lost wages, plus all court costs.

Beaumont attorney Tom Oxford of Waldman Smallwood represents him.

Long is represented by Andrew Schulz, attorney for the Austin law firm Martin, Disiere, Jefferson & Wisdom.

Judge Donald Floyd, 172nd District Court, is assigned to the case.

Case No. E189-351

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