Sylvester Chapple v. Benjamin Guy Wiswell and Bisson Transportation, Inc.

Summary

The United States District Court for the Southern District of Texas addresses Defendants’ motion to strike Plaintiff’s medical and billing record affidavits. The court holds that Texas Civil Practice and Remedies Code § 18.001 is procedural and does not independently permit the affidavits to prove the reasonableness and necessity of medical expenses in federal court, while allowing them to serve as a possible basis for admission of the records.

Holdings

1. Section 18.001 is procedural and does not apply in federal court; therefore, the plaintiff's section 18.001 affidavits, standing alone, may not prove the reasonableness and necessity of his medical expenses.
2. The affidavits need not be stricken insofar as they may provide a basis for admission of the medical or business records, but they may not be used by themselves to prove the reasonableness and necessity of the medical expenses.

Questions Presented

1. Whether affidavits submitted under Texas Civil Practice and Remedies Code section 18.001 may, standing alone, establish the reasonableness and necessity of a plaintiff's medical expenses in federal court.
2. Whether the affidavits should be stricken entirely or may remain available as a possible basis for admission of the underlying records.

Disposition

other