EAST ST. LOUIS – Orthopedic expert Brett Taylor cancelled a deposition on a day’s notice because he considered a $2,250 fee inadequate, according to Alton lawyer Lanny Darr.
Darr moved on Feb. 13 to bar Taylor from testifying for America’s Parking Remarking at an injury trial.
Darr’s client Brian Bryant of Johnston City claims Steven Portell drove an America’s Parking Remarking truck into the rear of Bryant’s truck at an interchange in Mount Vernon.
Darr had first moved to preclude Taylor’s testimony last July.
He claimed defense counsel David Berwin of St. Louis refused to produce Taylor unless Darr paid $2,250 for an hour in person or $2,750 for an hour on video.
Darr stated he advised Berwin that his only obligation was to reimburse Taylor at a reasonable rate after trial.
He claimed a defendant may not make a deposition contingent upon advance payment.
Berwin responded that prepayment for a doctor is common practice.
“I can personally attest to issuing prepayment for expert witnesses endorsed by opposing parties on numerous occasions,” he wrote.
Berwin wrote that his client was willing to pay the fee rather than have its expert stricken.
“This is an issue that can be resolved by the parties and in no way should it warrant exclusion of Dr. Taylor’s testimony,” he wrote.
Magistrate Judge Gilbert Sison denied Darr’s preclusion motion in August.
He asked for briefs on the fee but no briefs followed.
Darr stated in his current motion that he paid Taylor $2,250 on Nov. 3.
He claimed Taylor’s deposition was scheduled for Feb. 2, but Berwin canceled it on Feb. 1.
Darr claimed Berwin advised that Taylor’s fees increased this year, “and now plaintiff’s payment was insufficient.”
Darr wrote, “Plaintiff has continued to insist the witness sit for deposition or withdraw from involvement in these proceedings.”
“The witness refuses to sit and has not withdrawn,” he wrote.
Sison set a hearing on Taylor’s testimony for March 6.
He has set trial to start May 30.
Taylor practices in Ballwin, Missouri.
America’s Parking Remarking operates out of Oakville, Missouri.