---
title: "Court Dismissed Objections With Regard to Untimely Designations of Expert Witnesses"
meta:
  "og:description": "Inadequately briefed arguments did not help the motion to strike untimely designations of expert witnesses"
  "og:title": "Court Dismissed Objections With Regard to Untimely Designations of Expert Witnesses"
  author: "Expert Witness Profiler"
  description: "Inadequately briefed arguments did not help the motion to strike untimely designations of expert witnesses"
---

# Court Dismissed Objections With Regard to Untimely Designations of Expert Witnesses

Posted on November 26, 2024 by Expert Witness Profiler

By this suit, Plaintiff Anthony Guernon brought claims of negligence and negligence _per se_ against Defendant Joel Barroso and for vicarious liability against Barroso’s Employer, Stevens Transport, Inc. (“Stevens Transport”), arising out of a motor vehicle accident which occurred on May 3, 2021, In El Paso County, Colorado. Following several extensions, the parties were required to designate rebuttal experts on or before August 26, 2024.

On that date, Defendants submitted a document in which they designated the following expert witnesses:

1. [Jon Karraker](https://expertwitnessprofiler.com/expert-witness/Jon-Karraker/1540561), a certified public accountant;

2. [Dr. Bruce Morgenstern](https://expertwitnessprofiler.com/expert-witness/Bruce-Morgenstern/1519085), a neurologist;

3. [Dr. Philip Stull](https://expertwitnessprofiler.com/expert-witness/Philip-Stull/1552877), an orthopedic surgeon;

4. [Margot Burns](https://expertwitnessprofiler.com/expert-witness/Margot-Burns/1529184), a rehabilitation specialist and life care planner; and

5. [James Desmond](https://expertwitnessprofiler.com/expert-witness/James-Desmond/1552883), an expert on the standard of care in the trucking industry.

Guernon objected that Karraker, Morgenstern and Stull, and Burns actually are affirmative, not rebuttal, witnesses, and therefore their designations are untimely and should be stricken. He further claimed Karraker and Morgenstern asserted opinions beyond their expertise.

## **Accounting Expert Witness**

[Jon Karraker](https://expertwitnessprofiler.com/expert-witness/Jon-Karraker/1540561) is an expert witness in the field of accounting of personal injury losses in both the private and business sector.

[Get the full story on challenges to Jon Karraker’s expert opinions and testimony with an in-depth Challenge Study.](https://app.expertwitnessprofiler.com/login?eId=1540561) 

## **Neurology Expert Witness**

[Bruce Morgenstern](https://expertwitnessprofiler.com/expert-witness/Bruce-Morgenstern/1519085) is a physician licensed to practice in the State of Colorado and is board certified and specializes in neurology.

[Get the full story on challenges to Bruce Morgenstern’s expert opinions and testimony with an in-depth Challenge Study.](https://app.expertwitnessprofiler.com/login?eId=1519085) 

## **Orthopedic Surgery Expert Witness**

[Philip Stull](https://expertwitnessprofiler.com/expert-witness/Philip-Stull/1552877) completed his residency in orthopedic surgery at the New York Orthopedic Hospital/Columbia-Presbyterian Medical Center in New York City and graduated in 1993. He then received specialized training in sports medicine by completing a year-long fellowship at the University of Colorado and Aspen Valley Hospital in Aspen, Colorado. He has experience treating professional, collegiate, high school, and all levels of recreational athletes. 

[Get the full story on challenges to Philip Stull’s expert opinions and testimony with an in-depth Challenge Study.](https://app.expertwitnessprofiler.com/login?eId=1552877) 

## **Vocational Rehabilitation Expert Witness**

[Margot Burns](https://expertwitnessprofiler.com/expert-witness/Margot-Burns/1529184) is a Clinical Case Manager, Clinical Supervisor, Behavioral and Vocational Specialist encompassing all phases of brain injury rehabilitation from acute neurobehavioral and coma management to post-acute and outpatient, community-based services. Burns holds a Master of Science in Rehabilitation Counseling and a Certificate in Life Care Planning.

[Get the full story on challenges to Margot Burns’ expert opinions and testimony with an in-depth Challenge Study.](https://app.expertwitnessprofiler.com/login?eId=1529184) 

## **Safety Expert Witness**

[James Desmond](https://expertwitnessprofiler.com/expert-witness/James-Desmond/1552883) is a Certified Director of Safety Certificate, an OSHA 30 Hour General Industry Certificate, and a Driver Improvement Instructor/Trainer Certificate. Desmond is a Department of Transportation Designated Employer Representative, holds a Commercial Drivers’ License and is the President of Coastal Carrier Compliance and Consulting.

[Get the full story on challenges to James Desmond’s expert opinions and testimony with an in-depth Challenge Study.](https://app.expertwitnessprofiler.com/login?eId=1552883) 

## **Discussion by the Court**

The Court cannot properly assess these arguments, however, because they are stated at such a high level of generality that they present no argument at all. Essentially, Guernon has done little more than state what he seeks to prove – that the witnesses are actually affirmative experts and/or that their opinions exceed their proper area of expertise. The Court is neither required nor inclined to consider such “cursory, unsupported, or otherwise inadequately briefed arguments.”

Moreover, the Court held that the difficulty in analyzing what little argument is discernable in the motion is compounded by Guernon’s failure to provide the Court with the allegedly problematic defense expert reports, his own experts’ reports for purposes of comparison, or any of the experts’ curriculum vitae.

Guernon’s belated submission of the challenged reports in connection with his reply brief does not cure his initial failure to produce them, especially when the reply does nothing more than invite the Court to peruse the documents itself for evidence in support of his prior, inadequate arguments. As a result, the Court denied the motion to strike the designations of these four experts as improper.

With regard to the fifth expert, Desmond, who will testify to the standard of care in the trucking industry, Guernon asserted his opinion is irrelevant because Stevens Transport has conceded vicarious liability for the actions of Barroso. Guernon pointed to nothing in the record demonstrating Stevens Transport has made such a concession, and Stevens Transport denies it has done anything other than acknowledge that if – and only if –Barroso ultimately is found liable for negligence, it will be vicariously liable for any damages caused thereby. The issues addressed by Desmond’s report therefore appear to remain in play in this lawsuit. Therefore, the Court denied the motion to strike his testimony.

## **Held**

The Court denied the Plaintiff’s motion to strike or exclude the opinions untimely and improperly disclosed.

## **Key Takeaway:**

Guernon objected that Karraker, Morgenstern and Stull, and Burns actually are affirmative, not rebuttal, witnesses, and therefore their designations are untimely and should be stricken. He further claimed Karraker and Morgenstern asserted opinions beyond their expertise. Essentially, Guernon has done little more than state what he seeks to prove – that the witnesses are actually affirmative experts and/or that their opinions exceed their proper area of expertise. The Court is neither required nor inclined to consider such “cursory, unsupported, or otherwise inadequately briefed arguments.”

## **Case Details**:

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