Harris Co. man seeks continuance in lawsuit against Friendswood podiatrist

John Suayan, Galveston Bureau Aug. 29, 2013, 3:57pm

GALVESTON - A Harris County man seeking damages for chest pain allegedly caused by a cast recently entered an agreed motion for continuance into his lawsuit.

David Sabot and Friendswood podiatrist Dr. Jeffrey J. Baxter are scheduled to head to trial on Sept. 23, but need more time with scheduling depositions with their experts, the motion filed Aug. 16 says.

Sabot initiated legal action against Baxter on Sept. 26, 2012, stating the physician misdiagnosed a foot injury.

According to the original petition, the apparent misdiagnosis and subsequent placement of said cast led to the plaintiff testing positive for a pulmonary embolus in early 2012.

The plaintiff tried to contact Baxter and co-defendant South Texas Foot Specialists in hopes of discussing the “multiple” injuries supposedly attributed to the cast to no avail, it says.

Court records show an original answer was entered Oct. 15, 2012.

Sabot's motion further explains that some of the parties' experts are currently abroad and not returning home until the week before trial.

It requests that Galveston County 212th District Court Judge Susan Criss reset the date "approximately" 120 days from the current setting.

Case No. 12-CV-2090

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