BEAUMONT – In a recently filed motion for new trial, which was denied, Welch Trucking argues Judge Kent Walston, 58th District Court, prevented the defendants from contesting medical bills in a jury trial that resulted in nearly $1.4 million in damages – a third of which was awarded for the plaintiff’s medical expenses.
Plaintiff Brandon Willson, an Orange County resident, filed suit against David Vance and Clint Welch (Welch Trucking) on May 16, 2016 in Jefferson County District Court.
According to the lawsuit, on Dec. 21, 2015, Willson was traveling on Highway 105 in Jefferson County. He was stopped at a stop sign when Vance struck him from behind.
Walston
At trial, jurors placed 100 percent of the blame for the collision on Vance, awarding Willson $375,000 for his pain, $300,000 for his mental anguish, $225,000 for his impairment, and $469,733.60 for his medical expenses.
On Sept. 4, a final judgment was entered into the record, awarding damages in the amount of $1,394,733.60, court records show.
A month later, Welch and Vance filed a motion for new trial on Oct. 3, arguing Judge Walston’s decision to exclude their expert was in error.
Prior to the trial, Willson and his attorney, Cade Bernsen, filed a motion to exclude the testimony of Welch’s medical billing expert, Scott Schoenvogel, whose “opinions would have established that plaintiff failed to mitigate his medical expenses to his health care insurance provider,” according to the motion.
At the time of his injury, Willson had health insurance through Blue Cross Blue Shield. During his “convoluted” testimony, Willson said the Golden Triangle Emergency Center did not accept his insurance, according to the motion.
“That testimony is not truthful,” the motion states. “Golden Triangle billing records show that (it) indeed receive and accepted plaintiff’s Blue Cross insurance. At some point, plaintiff determined not to present his Blue Cross insurance card to other healthcare providers, even though Blue Cross would presumably provide coverage…
“Mr. Schoenvogel’s opinions are relevant and should not have been excluded.”
Welch and Vance argue that they should have been able to contest Willson’s medical expenses by opinion testimony or by showing that he failed to mitigate his medical expenses.
Welch and Vance further assert that they were prevented from contesting the medical bills at trial.
“Plaintiff called Dr. Nilesh Kotecha to testify on the medical treatment provided to plaintiff,” the motion states. “The Defendants counsel began to attempt to question Dr. Kotecha on the reasonableness of the medical charges plaintiff sought to recover in the lawsuit.
“Plaintiff’s attorney objected to the line of questions, which was sustained by the Court.”
Court records show Willson filed a response to the motion on Oct. 12, arguing that Welch and Vance failed to establish that Schoenvogel’s expert opinions were reliable and based on reliable principals and methods.
Schoenvogel is the CEO of Compass Professional Health Services, a health care cost containment company.
Following an Oct. 29 hearing, Walston denied the motion for a new trial, according to a courthouse official.
Welch and Vance are represented by Matt Childs, attorney for the Houston law firm Bush Ramirez.
Case No. A198-485