Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Triolo v. United States

United States District Court, M.D. Florida, Jacksonville Division

January 7, 2020

RICHARD A. TRIOLO, Plaintiff,
v.
UNITED STATES OF AMERICA, Defendant.

          ORDER

          MARCIA MORALES HOWARD UNITED STATES DISTRICT JUDGE.

         THIS CAUSE is before the Court on Plaintiff's Motion for Partial Summary Judgment as to Causation of Injury (Doc. 23; Motion), filed on September 5, 2019. Defendant filed a response in opposition to the Motion on September 19, 2019. See Defendant's Response in Opposition to Plaintiff's Motion for Partial Summary Judgment as to Causation of Injury (Doc. 27; Response). In addition, on October 8, 2019, Defendant filed Defendant's Amended Daubert Motion to Exclude Opinions of Plaintiff's Non-Retained Expert Witnesses (Doc. 34; Motion to Exclude).[1] Plaintiff filed a response in opposition to the Motion to Exclude on November 1, 2019. See Plaintiff's Response to Defendant's Amended Daubert Motion to Exclude Opinions of Plaintiff's Non-Retained Expert Witnesses (Doc. 39; Response to Motion to Exclude). Accordingly, this matter is ripe for review.

         I. Background

         On February 11, 2017, a United States Postal Service vehicle operated by Marsha Rentz, within the scope of her employment with the Postal Service, collided with a Ford Mustang operated by Plaintiff Richard A. Triolo in Jacksonville, Florida. See Amended Complaint (Corrected) (Doc. 6; Am. Compl.) ¶¶ 7-13; Answer and Affirmative Defenses (Doc. 7) ¶¶ 5, 7, 9-13. In the Motion, Triolo moves for partial summary judgment on the issue of whether the motor vehicle collision caused permanent injuries to Triolo's lumbar spine. See Motion at 5. In support, Triolo submits the affidavits of his pain management doctor, Reynaldo Pardo, M.D., and his treating orthopedic surgeon, Raymond F. Topp, M.D. See Motion at 2-3, 4, Exs. A-B. Below, the Court summarizes the entirety of the contents of these affidavits.

         Pardo asserts that he has treated Triolo since July 11, 2017. See Motion, Ex. A: Affidavit of Reynaldo Pardo, M.D. (Doc. 23-1; Pardo Aff.) ¶ 4. According to Pardo, he has “performed several pain management procedures and prescribed medication” to Triolo in an effort to relieve the pain in his lumbar, thoracic and cervical spine regions. Id. ¶ 6. Pardo opines that:

the impact from the automobile accident dated February 11, 2017 caused the following injuries to Mr. Triolo's lumbar spine:
a. 2 mm protruding disc herniation indenting the anterior thecal sac with spinal canal narrowing at T12-L1
b. Annular bulge encroaching upon foraminal at T 2-3
c. Mild facet joint arthropathy, predominately on the right side at T 3-4
d. Bilateral facet joint arthropathy at T 4-5
e. Circumferential disc bulge resulting in bilateral foraminal stenosis in combination with anterior L5 subluxation encroaching upon the L5 nerve roots bilaterally.

See id. ¶ 7. Pardo does not explain how or why he came to hold these opinions, and provides no information or analysis in support of them. Nonetheless, Pardo also maintains that these injuries “are permanent in nature, ” “did not pre-exist” the February 11, 2017 accident, and will require “future pain management treatment for the remainder of [Triolo's] life . . . .” Id. ¶¶ 8-9, 11. In addition, Pardo states that Triolo sustained temporary injuries to his cervical spine, including muscle spasms, sprain and strain, as a result of the February 11, 2017 automobile accident. Id. ¶ 10. Pardo maintains that all of these opinions are based on his “training and specialization as a Board Certified Anesthesiologist and pain management doctor as well as [his] treatment of Richard Triolo, ” and are held “within a reasonable degree of medical probability.” See id. ¶¶ 3, 7-11.

         Topp's affidavit is based upon his “training and specialization as a Board Certified Orthopedic Surgeon as well as [his] treatment of and surgery on [Triolo] . . . .” See Motion, Ex. B: Affidavit of Raymond Topp, M.D. (Doc. 23-2; Topp Aff.) ¶ 3. Topp began treating Triolo on approximately November 8, 2017, when Triolo presented to his office “with complaints of lower back pain radiating into right lower extremities after unsuccessfully attempting to obtain relief from conservative treatments such as chiropractic and pain management modalities and procedures.” Id. ¶¶ 4-5. Topp asserts that “[o]n March 22, 2018, [he] performed a posterior lumbar interbody fusion surgery (‘PLIF') at ¶ 5-S1 on Mr. Triolo due to constant pain radiating posteriorly down his thigh and sometimes anteriorly to the hip flexor.” Id. ¶ 6. Topp holds the opinion that the February 11, 2017 accident caused the injury to Triolo's lumbar spine which necessitated the surgery. Id. ¶ 7. Topp also asserts that the impact from the accident caused the same injuries to Triolo's lumbar spine listed above, as well as “SI joint dysfunction secondary to surgery.” Id. ¶ 8. According to Topp, these injuries are “permanent in nature, ” “did not pre-exist the date of this accident, ” and will require “future orthopedic treatment for the remainder of [Triolo's] life . . . .” Id. ¶¶ 9-11. Topp states that he holds all of these opinions “within a reasonable degree of medical probability.” Id. ¶¶ 7-11. Notably, Topp provides no explanation or analysis as to how or why he reached these opinions, nor does he identify the information in Triolo's medical records that purportedly support them.

         II. ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.