Cirlos v. Gonzalez

In Cirlos v. Gonzalez, No. 04-02-00095, 2002 WL 31423885 (Tex. App.--San Antonio Oct. 30, 2002, pet. denied), a panel of this court considered whether the trial court erred in excluding a portion of appellant's expert's deposition testimony on the grounds that the designation of the expert did not comply with Rule 194.2(f). In that case, appellant argued the trial court erred because she timely identified Dr. Wholey as a testifying expert and directed appellee to Dr. Wholey's medical records for the substance of his opinions. The Court held the trial court did not err in excluding the testimony because, although appellant identified Dr. Wholey as a treating physician in her discovery supplement and that he was "non-retained," she did not disclose Dr. Wholey's mental impressions or opinions or attach a brief summary of his impressions or opinions. Instead appellant stated "See medical records provided." Id.