Timothy Jones from our office was on trial for the last month before Judge Tuitt in the Bronx on a case involving the plaintiff's expert, Dr. Jean Francois, a Pain Management Physician from the Bronx. Dr. Francois received $13,000 for his fee to come to Court. Here, Tim masterfully took the legs out from under the witness with this revealing colloquy on the plaintiff's lack of truth and veracity when reporting the history of her treatment and precipitating occurrence.
Q I remember a phrase you said last week, correct me if I'm wrong, but I think you said-- and you put your hands up and you said history is everything. Did I hear you correctly?
Q So history matters?
A Yes, it does.
Q And would you agree, it matters a little more in a case when you're trying to tell the jury as to what was the cause of her symptoms?
A Yes, it does.
Q So it's even more important in a court of law. Correct?
A I don't know about a court of law but to me it's very important to know the history.
Q And you're under oath. Right?
Q And you're being paid sixty-five hundred dollars for your testimony today. Sixty-five hundred from last week. Correct?
A Yes. Because I had to cancel all my patients.
Q For a total of thirteen thousand dollars. Right?
Q So you asked her, on April 27th, 2009, has anything happened. Correct?
A Yes. I did, yes.
Q And she told you no?
Q Did she tell you she was involved in a high speed T bone collision?
A No. She didn't tell me that.
Q Did she tell that you she was involved in an automobile collision involving another vehicle?
Q Did she tell you that she collapsed at the scene?
Q Did she tell you she was taken, with a cervical collar and a long board, by ambulance, to Montefiore Medical Center?
A No, she didn't.
Q Did she tell you that she underwent a cervical x-ray to check for cervical fractures?
Q So would it be fair to say, doctor, so far that Miss Thomas has not been honest with you (regarding) her history?