16TH JUDICIAL DISTRICT COURT FOR PARISH OF ST. MARTIN

STATE OF LOUISIANA

NO: 77848 DIV: "A"

CURTIS CORMIER

VS.

WAL-MART STORES, INC. ET AL

Filed:

JUDGMENT

This matter came for trial beginning on October 10, 2016. The jury returned a verdict on

October 20, 2016 (per attached Exhibit "A"). The Court now makes the verdict of the jury the

judgment ofthe Court as follows:

That there be judgment in favor of Petitioner Curtis C. Cormier as follows:

1. Past medical expenses $ 31,998.002. Future medical expenses $ 50,000.003. Past lost wages $250,000.004. Future lost wages and/or impairment of earning capacity $100,000.005. Physical pain and suffering (past, present and future) $ 50,000.006. Disability (past, present and future) $ 10,000.00

That there be Judgment in favor of Petitioner, Curtis C. Cormier and against Defendants,

Walmart Louisiana LLC, Material Handling Solutions LLC and its insurer Scottsdale Insurance

Companyapportioned ninety-five percent (95%) asagainst Walmart Louisiana LLC and five (5%)

as against Material Handling Solutions, LLC and its insurer Scottsdale Company.

Further, as according to law, Petitioner is awarded Court Costs as specified by the Court

and interest from date ofjudicial demand until paid.

St. Martinsville, this day of , 2016.

Judge Anthony Thibodeaux

CURTIS C. CORMIER 16™ JUDICIAL DISTRICT COURT

VS. NO. 77848

WAL-MART STORES, INC. and

WAL-MART LOUISIANA, L.L.C.

PARISH OF ST. MARTIN

STATE OF LOUISIANA

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VERDICT

1. Do you find any of the following parties negligent?

a. Wal-Mart Louisiana, LLC Yes

b. Material Handling Solutions, LLC Yes

c. Lord's Installation, LLC Yes

d. ROBO of Louisiana, Inc. Yes

e. Curtis C. Cormier Yes

No

No

No

No

Noit

If you answered "yes" in regards to any of the parties listed, proceed toquestion #2.

Ifyou answered "no"in regards to all of the parties listed, sign at the bottomand return to the courtroom.

2. If you answered "yes" to Question #1 in regards to any of the parties, was the

negligence of that party a proximate cause of the accident?

a. Wal-Mart Louisiana, LLC Yes V__ No

b. Material Handling Solutions, LLC Yes No

c. Lord's Installation, LLC Yes No

d. ROBO of Louisiana, Inc. Yes No

e. Curtis C. Cormier Yes No / /

If you answered "yes" in regards to any of the parties listed, proceed toquestion #3.

Ifyou answered "no"in regards to all of the parties listed, sign at the bottomand return to the courtroom.

Page 1 of 3

CURTIS C. CORMIER

VERSUS

WAL-MART STORES, INC. AND WAL-MART LOUISIANA, LLC

16th JUDICIAL DISTRICT COURT

PARISH OF ST. MARTIN

STATE OF LOUISIANA

DOCKET NUMBER: 77848

PRETRIAL STIPULATION

A Pre-Trial Conference of attorneys will be held in this matter before the

Honorable Anthony Thibodeaux, District Judge, 16th Judicial District, at New Iberia,

Louisiana on the 7th day of December, 2015 at 10: 15 a.m. for the Jury Trial to be held

on the 29th day of February, 2016 (2nd fixing) in St. Martinville, Louisiana.

PARTIES I COUNSEL:

Nicholas A. Blanda - Anderson, Dozier, Blanda & Saltzman, counsel for

plaintiff, Curtis C. Cormier.

David J. Calogero, Davidson, Meaux, Sonnier, McElligott, Fontenot, Gideon &

Edwards, counsel for defendants, Wal-Mart Louisiana, LLC, Wal-Mart Stores, Inc. and

Gerald George.

M. Benjamin Alexander and Matthew S. Green - Preis, PLC, counsel for

defendant, ROBO of Louisiana, Inc., d/b/a ROBO Dock & Door ("ROBO").

Sidney W. Degan, III, Jeffrey C. Brennan and Philip C. Brickman, counsel for

third-party defendant, Lord's Installation, LLC and Kenneth Lord ("Lord's

Defendant's").

Glenn B. Adams/Michael G. Gee of Porteous, Hainkel and Johnson LLP,

counsel for Material Handling Solutions, LLC and Scottsdale Insurance Company.

A. CONTENTIONS:

Plaintiff- Curtis Cormier:

The captioned personal injury litigation, currently set for jury trial (2nd Fixing)

on February 29, 2016, arises from an August 3, 2010 incident in which the plaintiff,

Curtis Cormier (38 year old delivery driver employed by Conway Freight) was severely

injured when the top two (2) panels of a dock door at Wal-Mart Supercenter Store

#402 in Breaux Bridge, came out of their tracks and struck him in the head, neck and

back. Named as defendants are:

Wal-Mart- Owner, operator and custodian of the door.

Gerald George - Maintenance man employed by Wal-Mart.

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Material Handling Solutions, LLC - Company responsible for performing certain maintenance and/or repair on the dock doors at Wal-Mart.

Scottsdale Insurance Company - Insurer for Material Handling Solutions, LLC.

ROBO of Louisiana d/b /a ROBO Dock and Door - Installed the door.

Lord's Installation, LLC - Installed the door.

Kenneth Lord - Installed the door.

Plaintiff contents that the defendants are 100% at fault for the accident as a

result of numerous acts of blatant negligence (negligent operation of door, negligent

inspection, maintenance and/ or repair of the door, negligent installation of the door,

etc.).

As a result of the incident, Mr. Cormier suffered injuries to his head, neck and

low back. While plaintiffs head and neck injury eventually resolved, his low back

injuries (L4-5 herniation with nerve root compromise, L5-S 1 annular disruption with

root compromise) remain symptomatic more than five (5) years post-accident. He has

undergone extensive conservative treatment consisting of injections, PT, home

exercise, prescription medicine, etc. Currently, Mr. Cormier remains under the active

medical care of Dr. David Muldowny who opines that he is a candidate for a posterior

lumbar decompression and fusion, with instrumentation at L4-5 and L5-S 1.

At the time if the accident, plaintiff was employed as a commercial delivery

driver for Conway Freight where he enjoyed significant consistent earnings.

Unfortunately, the accident ended his career and his wage earning capacity has been

significantly (and permanently) diminished. Dr. Muldowny has permanently restricted

the plaintiff to no more than light duty and has disabled him from all prior

employment. Additionally, he assigns a 10% total body impairment rating. Currently,

plaintiff is employed by Enterprise Rental Car in a restricted setting where he earns

dramatically less money.

Past medical expenses total approximately $29,313.87, to date. Future medical

expenses total $305,249 - $353,049. Past lost wages total $187,094. Future lost

wages/impairment of earning capacity total $937,783 - $1,630,610. Substantial

general damages are claimed.

Defendants - Wal-Mart and Gerald George

Defendants, Wal-Mart Louisiana, LLC, Wal-Mart Stores, Inc. and Gerald George

contend that the August 3, 2010 accident was the result of the fault and/ or neglect of

the plaintiff, Curtis Cormier, and other persons or parties for whom your defendants

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are not responsible. On the above date, Cormier was employed by Con-Way Freight

and was making a delivery in the general merchandise receiving area of the Wal-Mart

store in Breaux Bridge, Louisiana. Plaintiff was met by Georgiana Wiltz on the

receiving dock. Ms. Wiltz opened cargo bay door #3 without incident and the plaintiff

completed his delivery. Ms. Wiltz attempted to close the cargo door but it jammed.

Without any request for assistance, the plaintiff volunteered his help. Plaintiff pulled

on the door to no avail and later picked up a heavy metal pipe which was thrust

against the top panel of the door which had come off of track. After beating on the

door several times, plaintiff continued to pull on the door, inching it closed. When the

door was almost closed, the top two panels folded inward, striking plaintiff on the

head and upper back.

The accident was caused by the fault of the plaintiff for failing to observe an

open and obvious condition and causing the doors to move from a position of safety

after damaging components of the door.

In the alternative, defendants contend that the accident occurred due to the

fault of other parties for whom defendant is not responsible. In particular, in the

event it is proven that cargo bay door #3 was installed improperly, defendants contend

that Lord's Installation, LLC and/ or Kenneth Lord and/ or ROBO of Louisiana, LLC

were at fault in the installation. In the further alternative, and the event it is proven

that the doors were improperly maintained, defendants contend that Material

Handling Solutions, LLC was at fault for the accident. Essentially, with the exception

of very minor adjustments or repairs, defendants played no part in the installation,

maintenance or service of cargo bay door #3. Wal-Mart contracted with BID

Management for repair and servicing of its cargo bay doors who, in turn,

subcontracted with Material Handling Solutions. At· no time were the Wal-Mart

defendants directly responsible for maintenance or repair of its cargo bay doors.

Regarding damages, defendants contend that the plaintiff suffered a strain of

the lumbar spine, superimposed on pre-existing degenerative conditions. Plaintiff

recovered from the alleged injury in a very short period of time and returned to work,

without complication. Plaintiff was involved in a subsequent incident in December,

2010, completely unrelated to the Wal-Mart accident. As a result of the subsequent

incident, the plaintiff claims physical pain and suffering, disability, past and future

medical expenses and past and future lost wages and earning capacity. Defendants

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contend that in no way are the vast majority of plaintiffs claimed damages related to

the incident of August 3, 2010.

Defendant - ROBO:

ROBO denies that it was negligent or at fault in connection with the incident

forming the basis of this lawsuit. ROBO was hired to install dock doors, including the

subject dock door, during initial construction of Wal-Mart Supercenter Store #402 in

Breaux Bridge, Louisiana in 2006. ROBO hired subcontractor Kenneth Lord, d/b/a

Lord's Installation ("Lord's") to install the subject door. Lord's installed the door in

May 2007. ROBO provided ongoing maintenance and service to the dock doors, upon

request by Wal-Mart, during their initial warranty period. ROBO's last service call for

the dock doors at Wal-Mart Supercenter Store #402 was in October, 2007 - almost

three years prior to the subject accident. Thereafter, Wal-Mart hired BID Central, Inc.

d/b /a BCI Management Group ("BID") to arrange for door maintenance and repair

services. BID hired co-defendant Material Handling Solutions, LLC ("MHS") to provide

such ongoing maintenance and repair services for Wal-Mart Supercenter Store #402,

which subcontract was still in effect at the time of the subject accident.

The dock door at issue slides up and down within a set of metal tracks located

outside of each side of the door panels. The tracks consist of a lower vertical portion

and an upper curving and horizontal portion. The lower portion was welded to the

store's building structure by Lord's at the time of initial installation in May 2007. The

upper portion was bolted to the building structure by Lord's and remained adjustable

to allow for periodic inspection and adjustment to ensure it remained within the

manufacturer's width specifications. Wal-Mart and BID and/or MHS were responsible

for such inspections and adjustment at the time of the subject accident.

The two door panels that struck plaintiff on the date of the accident fell out of

the upper, adjustable portion of the door tracks. The lower, welded portion of the

tracks were non-contributory to this accident. Moreover, there were no recorded

accidents involving this door from the time of its installation up to the date of the

accident at issue. Therefore, the evidence proves that ROBO was not negligent or at

fault to any extent for causing plaintiffs claimed damages.

ROBO also contends that plaintiff was contributorily negligent and

comparatively at fault for causing the subject accident as plaintiff knowingly and

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willingly put himself in harm's way by standing under and attempting to close an

obviously malfunctioning door.

ROBO also contends that plaintiffs claimed damages are greatly exaggerated

and that plaintiff has fully recovered from any injuries he may have sustained as a

result of the subject accident, that plaintiff is not disabled to any extent and that he

has not suffered a loss of earning capacity.

ROBO reserves the right to amend this section of the Pretrial Stipulation

throughout the course of discovery and trial as needed.

Lord's Defendants:

Lord's Defendants deny that they were either negligent or at fault for the alleged

incident and injuries that form the basis of the plaintiffs lawsuit. Further, On

September 28, 2015, defendant Robo filed a third-party demand against Lord's, as

third-party defendants alleging indemnification for any judgment rendered in favor of

plaintiff where Robo is found liable. Lord's Defendants filed an answer to Robo's third­

party demand on November 9, 2015. On November 10, 2015, plaintiff filed his Fifth

Supplemental and Amending Petition for Damages naming Kenneth Lord and Lord's

Installation, LLC as defendants. Kenneth Lord and Lord's Installation, LLC were

served with the Fifth Supplemental and Amending Petition for Damages on November

23, 2015, and under the Louisiana Code of Civil Procedure, an answer is due on

December 10, 2015. Because trial in this matter was set before the Lord's Defendants

had filed an answer to the third party demand (and were named as defendants by the

plaintiff), the Lord's Defendants have filed a motion to continue trial so they have

sufficient time to prepare for trial.

Lord's Defendants are unable to stipulate to any facts at this time because they

were recently brought into the litigation. Lord's Defendants reserve the right to amend

this section of the Pretrial Stipulation throughout the course of discovery and trial as

needed. Further, by submitting its pretrial stipulation inserts, Lord's Defendants do

not waive any rights, exceptions and/ or affirmative defenses available to it, since as of

the time of filing this pleading, their answer is not yet due under the Louisiana Code of

Civil Procedure.

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Material Handling Solutions, LLC/Scottsdale Insurance Company:

Defendant, Material Handling Solutions, LLC ("MHS") is a small family owned

company which, as part of its business, repairs various mechanical devices including

dock doors. As such, under sub-contract to BID, it performed, from time to time as

requested, repairs to dock doors at the Walmart Store #402 in Breaux Bridge.

Importantly, there was no "maintenance contract" as between Walmart and BID or

MHS. MHS responded to request for repair made by Walmart to BID.

MHS had last done work on the dock door at issue several months prior to the

August 3, 2010 incident. It was not contacted about the incident nor told about it;

rather, MHS responded to a repair order sometime after the incident.

As to the facts of the incident, on the day in question, the dock door was

opened by a W almart employee; plaintiff Curtis Cormier's truck was properly

unloaded. When the Walmart employee attempted to close the dock door, it, for an

unknown reason, "stuck". Then, the W almart employee attempted to "nudge" it using

a broom stick. The Walmart employee then requested that Mr. Cormier pick up a pipe

and use it to try to force the stuck door down. While using the pipe against the door,

certain panels were dis-lodged and fell and apparently struck Mr. Cormier.

The sole fault lies with the W almart employee in failing to follow company

procedures when the door stuck; additional fault lies with Mr. Cormier for using a pipe

to attempt to push the door after which parts of it fell.

There are indications that the dock door tracks may have been out of alignment

and/ or otherwise damaged, perhaps due to forklifts striking them. There is no

showing that any work done by MHS several months prior to the incident, was a cause

of the incident.

MHS disputes plaintiffs recitation of claimed injuries. In fact, the nature of,

extent, and severity of his claimed injuries are contested and in dispute. Five years

post-incident, he has not had surgery and, in fact probably never will have surgery.

B. ESTABLISHED FACTS:

1. On August 3, 2010, Curtis Cormier was a delivery driver employed by

Conway Freight.

2. On August 3, 2010, Curtis Cormier made a delivery to Wal-Mart

Supercenter Store #402 in Breaux Bridge, Louisiana.

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3. On August 3, 2010, Curtis Cormier used Door 3 in the General

Merchandise area of Wal-Mart Supercenter Store #402 to make his delivery.

4. On August 2, 2010, General Merchandise Door 3 was a TKO

Welterweight dock door manufactured by 4-Front Engineering Solutions.

5. On August 3, 2010, Wal-Mart was the owner and custodian of General

Merchandise Door 3.

7. Wal-Mart Stores, Inc. is the ultimate parent of Wal-Mart Louisiana, LLC

who operated the Breaux Bridge store where the plaintiffs accident occurred.

8. Initial construction of Wal-Mart Supercenter Store #402 in Breaux

Bridge, Louisiana took place in 2006 and 2007.

9. ROBO was hired by the general contractor in charge of constructing Wal-

Mart Supercenter Store #402 to install dock doors, including the subject door, at the

store during its initial construction.

10. ROBO in tum subcontracted with Lord's to install the dock doors,

including the subject door.

11. Lord's installed the subject door at Wal-Mart Supercenter Store #402 in

May2007.

12. ROBO provided maintenance services to the subject door until October

2007.

13. At the specific request ofWalmart (made to BID) MHS, from time to time,

performed certain repairs to the dock doors at the W almart Store in Breaux Bridge.

14. Scottsdale Insurance Company, pursuant to the terms and conditions of

a CGL policy issued to MHS, provided liability insurance to MHS.

15. Lord's Defendants cannot stipulate to any facts at this time because they

have only recently been made a party to this civil action.

C. CONTESTED ISSUES OF FACT:

1. The cause of the subject accident and the occurrence, cause, nature and

extent of plaintiffs alleged injuries, special damages and general damages.

D. CONTESTED ISSUES OF LAW:

1. All contested issues of law inherent in the contested issues of fact,

including, but not limited, to the respective comparative fault of all parties and non­

parties involved in this incident.

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2. Whether plaintiff may claim damages and recover for lost wages and

medical expenses paid by plaintiffs employer, Con-Way Freight, and worker's

compensation insurance carrier, Travelers Insurance Company

E. EXHIBITS:

Plaintiff may introduce the following exhibits:

1. Medical recap, with invoices;

2. Dr. David Muldowny certified medical records;

3. Dr. John Cobb certified medical records;

4. Dr. Robert Franklin certified medical records;

5. Advanced Imaging certified medical records;

6. LSSH certified medical records;

7. Scott Physical Therapy certified medical records;

8. Dr. Bryan Frentz certified medical records;

9. LGMC certified medical records;

10. Acadian Ambulance certified medical records;

11. Lost wage and/ or impairment of earning capacity documentation consisting of tax returns, W-2's and/or payroll records;

12. Conway personnel and/ or payroll records;

13. Enterprise Rental Car personnel and/ or payroll records;

14. Conway Job Description- Driver Sales Representative;

15. Life Care Plan- Dr. Gorman, Dr. Savant;

16. Voe Rehab Report- Dr. Gorman;

17. Post-accident photos - Wal-Mart;

18. Wal-Mart incident report;

19. Statement of Georgiana Wiltz;

20. Statement of McKinley Daigle;

21. Statement of Curtis Cormier;

22. Statement of Kevin Freeman;

23. BCI Management Group invoices relative to the inspection, maintenance and/or repair of dock doors at Wal-Mart Store #402;

24. Photos of Wal-Mart maintenance schedule on dock doors at Wal-Mart Store #420;

25. Photos of TKO warnings and/or instructions dock doors at Wal-Mart Store #420;

26. Photos of TKO warning and/or instructions on wall next to GM3 dock door at Wal-Mart Store #420;

8

27. E-mail from Leanna McDougal to David Calogero regarding Wal-Mart policies, procedure and floor plan, 4/14 / 14;

28. Incident video;

29. Wal-Mart Safety Resource Manual;

30. Wal-Mart weekly safety meeting documents;

31. Wal-Mart modular safety documents;

32. Wal-Mart safety CBL documents;

33. Wal-Mart Accident Investigation & Reporting Procedures;

34. Wal-Mart Customer/Member Incidents Policy;

35. Wal-Mart Management Guidelines for Customer/Member Incidents Policy;

36. Wal-Mart Emergency Codes & Procedures - Customer/ Associate Injury;

37. Wal-Mart Emergency Procedures Manual - Injury/ Accidents, Code White;

38. Wal-Mart Customer Incident Claims Process;

39. Wal-Mart Customer Incidents policies and procedures;

40. Wal-Mart Witness Statement, Customer Incident Photo Sheet forms;

41. Wal-Mart CCTV Systems Guidelines;

42. Wal-Mart Closed Circuit Television & Camera Policy;

43. Wal-Mart contract with BID;

44. Wal-Mart response to 1442 Deposition Notice, 4/28/ 14;

45. Wal-Mart Mart Department Safety Solutions;

46. Wal-Mart Job Description- overnight maintenance associates;

47. Wal-Mart Maintenance Manual;

48. Wal-Mart Job Description - daytime maintenance associates;

49. TKO Dock Door User Manual-Installation, Operations, Maintenance & Parts Listing;

50. MHS invoices, work orders and/or documentation relative to the inspection, repair and/or maintenance of dock doors at Wal-Mart store #402;

51. MHS Safety Plan;

52. TKO warranty and/ or service records relative to the dock doors at Wal-Mart Store #402;

53. TKO dock door warnings and/ or instructions;

54. 4-Front Inspection Report, 8-29-14;

55. 4-Front photographs from inspection on 8-29-14;

56. 4-Front video from inspection on 8-29-14;

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57. Photos and/or measurements from inspections on 10/ 11/ 12;

58. Photos and/or measurements from inspection on 3/ 11/14;

59. Invoices, work orders and/or documentation relative to the purchase and/or installation of the dock doors at Wal-Mart Store #402.

60. Any deposition, written discovery, discovery responses and/or pleadings in connection with the captioned litigation, including any exhibit attached thereto;

61. Any exhibit needed for impeachment or rebuttal purposes;

62. Any exhibit listed by any other party.

DEMONSTRATIVE AIDS

1. Medical Diagrams and/ or Illustrations;

2. Any accident related medical record and/ or diagnostic study;

3. Gregg Perkin Expert Report and/or work product;

4. Dennis Howard Expert Report and/or work product;

5. Dr. G. Randolph Rice Expert Reports;

6. Dr. Shelly Savant Expert Reports;

7. Dr. Cornelius Gorman Expert Reports.

Wal-Mart and Gerald George may introduce the following exhibits:

1) Accident Report;

2) 19 photographs taken of the accident scene;

3) Witness Statement, Kevin Freeman;

4) Witness Statement, McKinley Daigle;

5) Witness Statement, Georgiana Wiltz;

6) Customer Statement, Curtis Cormier;

7) Store surveillance video;

8) Investigative photographs taken by any party;

9) Response to Subpoena Duces Tecum received from Con-Way Freight;

10) Response to Subpoena Duces Tecum received from Saia Motor Freight;

11) TKO Dock Door Installation Manual;

12) BCI Management Group repair records;

13) Material Handling Solutions repair records;

14) Employment records of plaintiff;

15) Records of plaintiff's criminal convictions;

16) Plaintiffs wage and earning records;

17) Plaintiff's income tax returns;

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18) Discovery requests and responses;

19) Depositions of any party or witness;

20) Records of Coventry Vocational Rehabilitation;

21) Medical records and diagnostic studies of plaintiff from any healthcare provider;

22) CV of Dr. Thomas Bertuccini, medical expert;

23) CV of Stan McNabb, vocational rehabilitation and life care planning expert;

24) CV of Stephen Killingsworth, mechanical engineering expert;

25) CV of Dr. Jeffery Laborde, radiologist;

26) CV of Jamie Primeaux, vocational rehabilitation expert;

27) Any document produced in discovery by any party;

28) Any document needed for impeachment or rebuttal;

29) Any document listed by any other party.

ROBO may introduce the following exhibits:

1. Any and all exhibits listed by any other party, including the above exhibits listed by Plaintiff;

2. ROBO invoices, work orders and/ or documentation relative to the installation, inspection, repair and/or maintenance of dock doors at Wal­Mart store #402;

3. Lord's invoices, work orders and/or documentation relative to the installation, inspection, repair and/ or maintenance of dock doors at Wal­Mart store #402;

4. Wal-Mart agreements, invoices, work orders and/or documentation relative to the installation, inspection, repair and/ or maintenance of dock doors at Wal-Mart store #402;

5. Photos and/or measurements from door inspection on August 27, 2015;

6. November 3, 2011 IME report of Dr. Thomas Burtuccini;

7. Any and all medical records reflecting treatment and/ or examination of plaintiff from any and all physicians, psychologists, therapists, counselors, technicians or other health care professionals of any type who have rendered treatment or examined plaintiff, Curtis Cormier, at anytime;

8. Plaintiffs medical records from any health care facility from which plaintiff, Curtis Cormier, received treatment at any time;

9. Any and all medical bills related to treatment rendered to plaintiff at any time;

10. Any and all records and/or documents reflecting payment of plaintiffs medical bills by his employer, Conway Freight, Inc. and/or its workers' compensation insurer;

11. Any and all of plaintiffs employment records, including but not limited to records from Conway Freight, Inc. and Enterprise Rent-A-Car;

11

12. Any and all records reflecting vocational rehabilitation services plaintiff may have received at any time, including but not limited to records from Coventry Workers' Compensation Services;

13. Any and all photographs and/or videos of the dock door at issue in this case and the cargo bay area of Wal-Mart store #402 taken at any time;

14. Any and all of plaintiffs tax returns, W-2s and/or attachments thereto;

15. Plaintiffs check stubs and/or other evidence of plaintiffs earnings;

16. Deposition transcripts of all parties in this matter, including but not limited to:

a. Plaintiff Curtis Cormier; b. Wal-Mart Stores, Inc. and Wal-Mart Louisiana, LLC (corp. rep.

Carla Mercier); c. Wal-Mart employee Georgiana Wiltz; d. Wal-Mart employee Gerald George; e. Wal-Mart employee Andy Bourque; f. Wal-Mart employee Kevin Troy Freeman; g. Wal-Mart employee John M. Daigle; h. Wal-Mart employee Cheryl Billiot; i. Material Handling Solutions, LLC (corp. rep. Todd Weaver); and j. MHS principal Todd Weaver;

17. Any and all exhibits attached to any depositions taken in connection with this case;

18. Any and all documents or exhibits needed for impeachment purposes, including but not limited to all deposition transcripts and expert reports prepared in connection with this case;

19. Any and all documents or exhibits named, mentioned, identified or referenced in the pleadings, evidence, or discovery materials filed or exchanged, or that have been discovered, produced, exchanged, relied upon by any expert and/ or generated in connection with this litigation;

20. Any documents, exhibits or other materials relied by any expert who intends to testify at trial;

21. Any pleadings and/ or attachments thereto filed in this litigation;

22. Any exhibit listed, referenced or introduced by any party to this litigation;

23. Any and all documents or exhibits necessary for rebuttal purposes;

24. Any exhibits, documents, materials, or other tangible items sought to be introduced at trial and/ or used as demonstrative evidence by any party to this litigation.

DEMONSTRATIVE AIDS:

1. Fred Liebkemann, IV, P.E. Expert Report and/or work product;

2. Any item listed in ROBO's above exhibit list;

3. Any item listed by any other party.

ROBO reserves the right to amend this Exhibit List throughout the course of

discovery and trial as needed.

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Lord's Defendants may introduce the following exhibits:

1. Any document or exhibit listed, referenced or introduced by any party to this litigation;

2. Any and all documents or exhibits necessary for rebuttal purposes;

3. Any exhibits, documents, materials, or other tangible items sought to be introduced at trial and/ or used as demonstrative evidence by any party to this litigation;

4. Any pleadings and/or attachments thereto filed in this litigation;

5. Deposition transcripts in this matter, including any exhibits attached thereto; and

6. Any and all documents or exhibits named, mentioned, identified or referenced in the pleadings, evidence, or discovery materials filed or exchanged, or that have been discovered, produced, exchanged, relied upon by any expert and/ or generated in connection with this litigation.

Lord's Defendants reserve the right to supplement and or amend this exhibit

list prior to trial as needed.

DEMONSTRATIVE AIDS:

1. Any item listed by any other party; and

2. Any item listed in Lord's Defendants above exhibit list.

Lord's Defendants reserve the right to supplement and or amend this

demonstrative exhibit list prior to trial.

MHS may introduce the following exhibits:

1. Post-accident Photos of the area.

2. Surveillance video of the incident.

3. MHS invoices, work orders and/or documentation relative to the repairs

to the dock doors at Wal-Mart Store #402 (Breaux Bridge).

4. Any exhibit listed in any parties' discovery responses.

5. Any deposition, written discovery, discovery responses and/ or pleadings

in connection with the captioned litigation, including any exhibit attached thereto;

6. Any exhibits listed in any other party's Pre-Trial Stipulation inserts.

F. AMENDMENT OF PLEADINGS:

None at this time.

G. WITNESSES:

Plaintiff may call the following:

Lay Witnesses

1. Curtis Cormier - facts and circumstances surrounding the accident; damages;

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2. Georgian.a Wiltz- facts and circumstances surrounding the accident; damages;

3. Gerald George - facts and circumstances surrounding the accident;

4. McKinley Daigle - facts and circumstances surrounding the accident; damages;

5. Kevin Freeman - facts and circumstances surrounding the accident; damages;

6. Andy Bourque - facts and circumstances surrounding the accident;

7. Wal-Mart corporate representative - all matters identified in the 1442 Notice of Deposition, including:

8. Material Handling Solutions corporate representative - all matters identified in the 1442 Notices of Deposition;

9. David Todd Weaver- facts and circumstances surrounding the installation, inspection, maintenance and/ or repair of the dock doors at Wal-Mart;

10. Kenneth Lord - facts and circumstances surrounding the installation of the dock doors at Wal-Mart;

11. Lord's Installation, LLC corporate representative - facts and circumstances surrounding the installation of the dock doors at Wal-Mart;

12. ROBO of Louisiana d/b /a ROBO Dock and Door - facts and circumstances surrounding the installation of the dock doors at Wal­Mart;

13. Representative of Conway- facts and circumstances surrounding Mr. Cormier's employment;

14. Representative of Enterprise Rental Car - facts and circumstances surrounding Mr. Cormier's employment;

15. Any witness listed by any other party;

16. Any witness necessary to authenticate any exhibit;

17. Any witness required for impeachment purposes.

Expert witnesses

1. Dr. David Muldowny, 1103 Kaliste Saloom Rd., Ste. 100, Lafayette, LA 70508; plaintiffs post-accident medical treatment, diagnostic testing, causation, future medical treatment, disability, functional restrictions;

2. Dr. Robert Franklin, 101-B Energy Parkway, Lafayette, LA, 70508; plaintiffs post-accident medical treatment;

3. Dr. David Jewell, Advanced Imaging, 935 Camellia Blvd., Ste. 101, Lafayette, LA 70508; plaintiffs post-accident diagnostic testing;

4. Russ Gunter, PT, DPT, MTC, 101 Park West Dr. Ste. B, Scott, LA 70583; plaintiffs post-accident medical treatment and Functional Capacity Evaluation;

5. Dr. Bryan Frentz, 4809 Ambassador Caffery Pkwy., Lafayette, LA 70508; plaintiffs post-accident medical treatment;

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6. Dr. Joseph Prejean, LGMC, 1214 Coolidge St., Lafayette, LA 70503; plaintiffs post-accident medical treatment;

7. Dr. Christy McDonald, LGMC, 1214 Coolidge St., Lafayette, LA 70503; plaintiffs post-accident medical treatment;

8. Amy Landry, NP, LGMC, 1214 Coolidge St., Lafayette, LA 70503; plaintiffs post-accident medical treatment;

9. Shawn Calais, Acadian Ambulance, P.O. Box 98000, Lafayette, LA I 70509; plaintiffs post-accident medical treatment;

10. Dr. Cornelius Gorman, 1100 Andre St., Suite 302 New Iberia, LA 70563; Vocational Rehabilitation, Life Care Planning;

11. Dr. Shelly Savant, 1100 Andre St., Suite 302 New Iberia, LA 70563; Life Care Planning, Neurology, Psychology;

12. Dr. G. Randolph Rice, 7048 Moniteau Court, Baton Rouge, LA 70809; Economics;

13. Dennis Howard, PO Box 2937, St. Francisville, LA 70775; Safety;

14. Gregg Perkin, 1310 Kingwood Drive, Kingwood, TX 77339; Mechanical Engineering, Safety.

Wal-Mart and Gerald George

Lay Witnesses:

1) Curtis Cormier;

2) Georgiana Wiltz;

3) Gerald George;

4) McKinley Daigle;

5) Kevin Freeman;

6) Andy Bourque;

7) Wal-Mart representative;

8) Representative of Material Handling Solutions;

9) David Weaver;

10) Kenneth Lord;

11) Representative of Lord's Installation, LLC;

12) Representative of ROBO of Louisiana, LLC, d/b/a ROBO Dock & Door;

13) Representative of Con-Way Freight;

14) Representative of 4Front Engineered Solutions, Inc.;

15) Any witness listed by any other party;

16) Any witness need for impeachment or rebuttal; and

17) Any witness identified in discovery.

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Expert Witnesses:

1) Dr. Thomas Bertuccini, medical expert;

2) Stan McNabb, vocational rehabilitation and life care planning expert;

3) Stephen Killingsworth, mechanical engineering expert;

4) Dr. Jeffery Laborde, radiologist;

5) Jamie Primeaux or other representative of Coventry Healthcare Worker's Compensation, Inc.;

6) Any healthcare provider identified in discovery; and

7) Any health care provider listed by plaintiff.

ROBO may call the following:

1. Employee(s), agent(s) and/or representative(s) of ROBO, including but not limited to Ron Stelly and/ or Sharon Stelly;

2. Employee(s), agent(s) and/or representative(s) of Lord's, including but not limited to Kenneth Lord;

3. Employee(s), agent(s) and/or representative(s) of Wal-Mart, including but not limited to Georgiana Wiltz, Gerald George, Any Bourque, Kevin Troy Freeman, John M. Daigle, Cheryl Billiot and/or Carla Mercia;

4. Employee(s), agent(s) and/or representative(s) of BID;

5. Employee(s), agent(s) and/or representative(s) of MHS, including but not limited to Todd Weaver;

6. Employee(s), agent(s) and/or representative(s) of 4Front Engineered Solutions, Inc., f/k/a SPX Dock Products, Inc. ("4Front"), including but not limited to Bill Wright;

7. Plaintiff Curtis Cormier;

8. Employee(s), agent(s), representative(s) and/or health care professionals of Lafayette General Medical Center;

9. Any and all healthcare professionals who rendered treatment to plaintiff at any time, including but not limited to Dr. Robert Franklin and Dr. David Muldowny;

10. Dr. Thomas Bertuccini, P.O. Box 53345, Lafayette, LA, 70505 (IME physician - neurosurgery);

11. Dr. Bryan Frentz, 4809 Ambassador Caffery Pkwy, Lafayette, LA 70508 (IME physician - orthopedic surgery);

12. Fred Liebkemann, IV, P.E., 102 Legendre Dr., Slidell, LA 70460 (expert witness - mechanical engineering);

13. Any individual listed by any other party as a potential fact, lay, medical, expert, impeachment or rebuttal witness;

14. Any individual needed to authenticate documents and/or other evidence, including impeachment evidence;

15. Any impeachment or rebuttal witness;

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16. Any individual named, mentioned, identified or referenced in the pleadings, evidence, exhibits and/ or discovery materials filed, discovered, produced, exchanged and/ or generated in connection with this litigation.

ROBO reserves the right to amend this Exhibit List throughout the course of

discovery and trial as needed.

Lord's Defendants may call the following:

1. Representative(s) of Lord's Installation, LLC;

2. Kenneth Lord;

3. Any individual listed by any other party as a potential fact, lay, medical, expert, impeachment or rebuttal witness;

4. Any individual needed to authenticate documents and/ or other evidence, including impeachment evidence; and

5. Any impeachment or rebuttal witness.

Lord's Defendants reserve the right to supplement and/ or amend this witness

list prior to trial.

MHS may call the following:

Lay Witnesses

1. David Todd Weaver - MHS owner; repair work done at Walmart Store #

402 (Breaux Bridge) on the dock doors

2. Any witnesses listed in any parties' discovery responses.

3. Any witness listed or called by any other party.

Expert Witnesses

1. Charles E. Prewitt, P.E., Denson Engineeririg 2030 Dickory Avenue,

Suite 104 New Orleans, LA 70123.

2. Any expert witness identified in the discovery responses of any party.

3. Any expert listed or called by any other party.

H. EXCHANGE DEADLINE:

The deadline for the exchange of other trial information, whether requested or

not, is the 1st day of February, 2016.

I. MEDICAL AND DRUG BILLS:

All medical and drug bills will be admitted into evidence subject to the right of

the parties to question the materiality or relevance thereof, but with the necessity of

the person issuing said bills to be present and to testify.

The Wal-Mart defendants object to the introduction of any medical and drug

bills paid by or on behalf of the plaintiffs employer by the worker's compensation

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insurance carrier. The potential obligation of any defendant to pay plaintiffs medical

and/ or drug bills was extinguished by the worker's compensation insurance carrier, a

solidary o bligor.

J. DISTRIBUTION OF CHALLENGES:

Defendants will share the peremptory challenges for their side, and will agree as

to their use and allocation.

K. WORKMEN'S COMPENSATION INTERVENTION:

n/a

L. ANY OTHER MATTERS NOT PREVIOUSLY COVERED WHICH MAY BE RELEVANT TO THE LITIGATION:

Anticipated Motions:

1. Plaintiff will file Motions in Limine to exclude any matters that are irrelevant, unduly prejudicial or otherwise not admissible pursuant to Louisiana law.

2. ROBO reserves the right to file any Motions in Limine, or to object contemporaneously, in response to the attempted introduction of evidence that is inadmissible under Louisiana law.

3. In the event of a trial continuance, ROBO also reserves the right to file a Motion for Summary Judgment on liability seeking a full dismissal from this lawsuit.

4. Lord's Defendants have filed a motion to continue the trial, as well as all corresponding litigation deadlines, on the grounds that was only recently made a party to this lawsuit and has not had sufficient ti.me to prepare a defense to the allegations against them.

5. Lord's Defendants reserve the right to file any Motions in Limine, or to object contemporaneously, in response to the attempted introduction of evidence that is inadmissible under Louisiana law.

6. The Wal-Mart defendants will file a Motion in Limine to exclude introduction of evidence of plaintiffs medical and drug bills, and wage losses paid by the worker's compensation insurance carrier who has not intervened in this case. The obligation to pay for these alleged losses was extinguished with the payment by the worker's compensation insurance carrier, a solidary obliger.

7. The Wal-Mart defendants presently have pending a Motion to Compel a follow-up independent medical examination of the plaintiff with Dr. Thomas Bertuccini.

8. The Wal-Mart defendants reserve the right to file any Motions in Limine regarding any matters that are irrelevant, prejudicial or inadmissible at the trial.

M. LENGTH OF TRIAL:

The trial is expected to last five (5) days.

Lafayette, Louisiana, this 2nd day of December, 2015.

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Respectfully submitted,

ANDERSON DOZIER BLANDA

. BLANDA (#29 Attofe€ys for Plaintiff P. 0. Box 82008 Lafayette, LA 70598-2008 (337) 233-3366 -' phone (337) 233-3163 - fax

1\TLZMAN

Davidson, Meaux, Sonnier, McElligott Fontenot, Gideon & Edwards

s/David J. Calogero DAVID J. CALOGERO, #1748 Post Office Box 2908 Lafayette, Louisiana 70502-2908 Ph: (337)237-1660; Fax: (337)237-3676 Attorneys for Wal-Mart Stores, Inc., Wal-Mart Louisiana, LLC and Gerald George

PREIS PLC

BY: s/Ben Alexander EDWIN G. PREIS, JR. (#10703) M. BENJAMIN ALEXANDER #29065) MATIHEW S. GREEN (#32148) 102 Versailles Blvd., Ste. 400 Post Office Drawer 94-C Lafayette, 'Louisiana 70509 Telephone: (337) 237-6062 Facsimile: (337) 237-9129

COUNSEL FOR ROBO OF LOUISIANA, INC. D /B /A ROBO DOCK & DOOR

By: s/Philip Brickman

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Sidney W. Degan, III ( #4804) Jeffrey C. Brennan (#25585) Philip C. Brickman (#25586) DEGAN, BLANCHARD & NASH 400 Poydras Street, Suite 2600 New Orleans, LA 70130 Tel.: 504-529-3333 Fax: 504-529-3337 Attorneys for Kenneth Lord and Lord's Installation, LLC

By: s/Glenn B. Adams Glenn B. Adams (2316) Leandro R. Area (34425) Porteous, Hainkel & Johnson, L.L.P. 704 Carondelet Street New Orleans, LA 70130 and Michael G. Gee (20193) Michelle D. Brooks (29146) Porteous, Hainkel & Johnson, L.L.P. 211 West Fifth Street Thibodaux, LA 70301 Telephone: (985) 446-8451 Attorneys For Material Handling Solutions, LLC and Scottsdale Insurance Company

CERTIFICATE

I HEREBY CERTIFY that a copy of the above and foregoing Pretrial Stipulation

has this day been forwarded to all counsel of record via fax and United States Mail.

Lafayette, Louisiana, this 2nd day of December, 2015.

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