IN THE STATE COURT OF DEKALB COUNTY STATE OF GEORGIA. Plaintiffs, Civil Action File No: 10A

Transcription

1 IN THE STATE COURT OF DEKALB COUNTY STATE OF GEORGIA PATRICK C. DESMOND, MARY C. DESMOND, Individually, and MARY C. DESMOND, as Administratrix of the Estate of PATRICK W. DESMOND v. Plaintiffs, Civil Action File No: 10A NARCONON OF GEORGIA, INC., NARCONON INTERNATIONAL, DELGADO DEVELOPMENT, INC., SOVEREIGN PLACE, LLC, SOVEREIGN PLACE APARTMENT MANAGEMENT, INC., LISA CAROLINA ROBBINS, M.D., and THE ROBBINS GROUP, INC. Defendants. DEFENDANT NARCONON INTERNATIONAL'S FIRST SUPPLEMENTAL OBJECTIONS AND RESPONSES TO PLAINTIFFS' FIRST INTERROGATORIES COMES NOW Narconon International ("Defendant"), through the undersigned counsel, and serves and presents the following First Supplemental Objections and Responses to Plaintiffs' First Interrogatories: Please identify any person that these defendants expect to call as a testifying expert witness, whether live, by affidavit, or by deposition, in connection with any trial, hearing, or motion, as well as any other evidentiary hearing in this action. For each such expert, please identify the subject matter of which the person is expected to testify, a summary of the grounds for such opinions, and the identity of all documents and professional references upon which such person may base his or her testimony and opinions. 5.

2 ORIGINAL RESPONSE: Defendant has not yet identified an expert expected to testify at trial. Discovery in this matter has recently commenced, and Defendant will supplement its response in accordance with Rule 26 of the Georgia Civil Practice Act. FIRST SUPPLEMENTAL RESPONSE: A. Louis Adolph Casal, M.D. Defendant Narconon International may call Louis Adolph Casal, M.D. to testify on its behalf at trial. Defendant Narconon International anticipates that Dr. Casal will testify, to a reasonable degree of probability, about the following subject matter: (1) Narconon of Georgia provided a reasonable and appropriate outpatient drug and alcohol education and rehabilitation program and meets the applicable standard of care; (2) The Narconon Course Materials and other information provided to students within the Narconon of Georgia program were appropriate and reasonable and met the applicable standard of care for drug and alcohol education and rehabilitation; (3) The treatment plan provided for Patrick Desmond was reasonable for an outpatient drug and alcohol education and rehabilitation program; (4) The staffing at Narconon of Georgia was appropriate for an outpatient drug and alcohol education and rehabilitation program; (5) No act or omission on the part of Narconon of Georgia, Inc. or Narconon International proximately caused or contributed to the death of Patrick Desmond. Dr. Casal's opinions are based on his experience, training and review of the following materials: -2-

3 Plaintiffs' Complaint; Affidavit of David Smith; Curriculum vitae of David Smith; Plaintiffs' disclosures (together with attachments); Peachford Hospital records regarding Patrick Desmond; Northside Hospital records regarding Patrick Desmond; DeKalb Fire & Rescue records regarding Patrick Desmond; Medical Examiner's records regarding Patrick Desmond; Dr. Lisa Robbins' records regarding Patrick Desmond; Narconon New Life Detoxification Program - Sauna & Exercise program description; Narconon Outpatient Protocol & Program Description filed with the Department of Human Resources (Plaintiffs Exhibit 2 to Robbins' deposition); Narconon of Georgia student file regarding Patrick Desmond (for first and second enrollment); supplemental expert disclosure (letter from Rebecca Franklin dated 12/12/2011); Videos Marijuana the Myth; Xtasy, The Real Story, parts 1 and 2; The Truth About Drugs, Video Program for Teachers; documents produced by the parties in response to written discovery; and the depositions of the following individuals: 1. Dr. Francis W. Rushing 2. Dr. Gerald Gowitt 3. Dr. Lisa Robbins 4. Mary Rieser (V. I and II) 5. Mary Desmond 6. Patrick Desmond 7. Tracy Stepler 8. Brandon Ormsby 9. Mark O'Donnell 10. DonDelgado 11. Mary Delgado -3-

4 12. Nick Parsons 13. Lisa Mooty 14. Elizabeth Backus 15. Jamie Leigh Thompson 16. Brad Taylor 17. Randy Taylor 18. Dr. Kennison Roy 19. Dr. Stephen Kent Dr. Casal will be made available for deposition to further explore the substance of his opinions and findings, as well as the bases for such opinions and findings. A copy of his curriculum vitae is attached as Exhibit A. He is available for deposition on March 20, 21, or 22, B. Reverend Jerry James McLaughlin Defendant Narconon International may call Reverend Jerry James McLaughlin to testify on its behalf at trial. Defendant Narconon International anticipates that Rev. McLaughlin will testify that the course materials used by Narconon of Georgia embody principles and techniques found in writings by L. Ron Hubbard, the founder of the Church of Scientology. However, those principles and techniques do not rely upon or require a belief in Scientology and are effective in educating and rehabilitating people who are addicted to drugs and alcohol, regardless of their religious beliefs or spiritual background. Rev. McLaughlin has a Masters Degree in Theological Studies from Southern Methodist University. He holds a Bachelor of Arts Degree in Business Administration/Economics from Philander Smith College and an Associate of Science Degree from Shorter College in North -4-

5 Little Rock, Arkansas. Rev. McLaughlin is a Licensed Alcohol and Drug Counselor by the Texas and Oklahoma Boards of Licensed Alcohol and Drug Counselors; a Diplomat of the Board of Addictions Examiners; a Master Addiction Counselor; and a Certified Pastoral Addiction Counselor. Rev. McLaughlin's opinions are based on his experience, training and review of the following materials: Plaintiffs' Complaint; course materials for Narconon of Georgia; and deposition of Dr. Stephen A. Kent, with exhibits. Rev. McLaughlin will be made available for deposition to further explore the substance of his opinions and findings, as well as the bases for such opinions and findings. He is available for deposition on March 6, 12 and 19, This the 6th day of February, W. Peachtree St., NW (30309) P.O. Box 7600 Atlanta, GA Telephone: (404) Facsimile: (404) smiller@deflaw.com bmarschalk@deflaw.com Attorneys for Defendant Narconon of Georgia, Inc / Stevan A. Miller Georgia Bar No Barbara A. Marschalk Georgia Bar No

6 Curriculum Vita Louis Adolph Casal, M.D. P.O. Box Atlanta, Georgia January 26, 2012 Current Positions: Practice Director, Consultation-Liaison Psychiatry Children's Healthcare of Atlanta January 5, 1998 to present Providing psychiatric consultation to medically hospitalized patients Clinical Assistant Professor of Psychiatry and Behavioral Sciences Emory University School of Medicine September 1, 1998 to present Private Practice Atlanta, GA February 21, 2004 to the present Active Staff, Peachford Behavioral Health Systems September 24, 2003 to present Service Director, Child and Adolescent Services Peachford Behavioral Health Services August 18, 2004 to November 2008 Staff Psychiatrist, Breakthrough Recovery Outreach Substance Abuse Center January 25, 2012 to the present Most recent Position: Instructor in Psychiatry, Cornell University Medical College Preceptor and Lecturer for Substance Abuse Treatment for 3rd Year Medical Students Acting Unit Chief of Adolescent Inpatient Services and Clinical Affiliate New York Hospital-Cornell Medical Center, Westchester Division White Plains, New York July 1, 1996 to October 9, 1997 Crisis management, admission, treatment and discharge planning of child, adolescent, adult and geriatric patients with psychiatric and substance abuse disorders Training: Internship and Residency in Psychiatry and Residency in Child and Adolescent Psychiatry Medical College of Georgia, Department of Psychiatry and Health Behavior Augusta, Georgia March 11, 1991 to June 30, 1996 Education: M.D. March 1991, Medical College of Georgia, Augusta B.A. May 1987, Emory University, Atlanta, Georgia Board Certification: Diplomat American Board of Psychiatry and Neurology General Psychiatry April Child and Adolescent Psychiatry September Through 2017 American Board of Psychiatry and Neurology Examiner Memberships: American Academy of Child and Adolescent Psychiatry Georgia Counsel on Child and Adolescent Psychiatry Awards: 2005 American Psychiatric Association Nancy C.A. Roeske, MD, Certificate of Recognition for Excellence in Medical Student Education