GALVESTON - Claiming a lack of an adequate expert report, one of the defendants in a wrongful death lawsuit arising from a 2008 single-vehicle accident seeks dismissal of the litigation.
Dr. Amit Verma's motion of dismissal says Cathleen Morton allowed the suit to continue more than 120 days without submitting an expert report that complies with statutory requirements.
The motion was filed July 1 before the Galveston County 56th District Court.
Cathleen Morton sued Dr. Verma and Dr. Howard Derman for permitting her late husband to drive despite their knowledge of his history of seizures.
The doctors gave Keith Morton clearance to get behind the wheel after performing a certain procedure on him, the suit filed July 27, 2010, states.
Keith Morton died at the age of 48 on July 27, 2008, when he reportedly suffered a seizure and drove his vehicle into a stationary railroad car at a high rate of speed.
His widow alleges the defendants also failed to monitor his prescription medication.
Dr. Verma asserts Cathleen Morton failed to provide a curriculum vitae of Dr. Charles Marable, a medical expert for the plaintiff.
A hearing to discuss the motion is scheduled for Aug. 15.
Case No. 10-cv-2054