Free Response in Opposition to Motion - District Court of California - California

Case 3:07-cv-02394-LAB-WMC

Document 14-5

Filed 04/01/2008

Page 1 of 2

LAW OFFICES OF AMY B. VANDEVELD 2 II 1850 Fifth Avenue, Suite 22 San Diego, CA 92101 311 Tel~hone: (619) 231-8883 Facsunile: (619) 231-8329 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22

1 n Amy B. Vandevel~ SBN 137904

Attorney for KAREL SPIKES

IN THE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA KAREL SPIKES, Plaintiff: vs. EUROPEAN CAR SERVICE; ANDREW MACIEJEWSKI; ZENNON SMOCYNSKI and DOES 1 TIlROUGH 10, Inclusive, Defendants. Case No.: 07 CV 2394 LAB (WMc) DECLARATION OF R. SCOTT MEYER, M.D. IN SUPPORT OF PLAINTIFF'S OPPOSITION TO DEFENDANTS' MOTION TO DISMISS [FRCP 12(8)(1)] Date: April 14, 2008 Time: 11:15 a.m. Courtroom: 9 Judge: The Honorable Larry A. Bums I, R. SCOTT MEYER, M.D., declare: 1. I am not a party to this action. I am a resident of the County of San Diego,

State of California and I have personal knowledge of the following facts. If called as a
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witness, I could and would competently testifYto the following: 2. I am an orthopedic surgeon and am affiliated with the UCSD Medical

Center, Department of Orthopedic Surgery, located at 350 Dickenson Street, Suite 121,
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San Diego, CA 92103. 3. I have been Karel Spikes' treating physician for more than ten years. Based

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83/14/2888 Case

1 14:51 3:07-cv-02394-LAB-WMC

VANDEVELDESQ Document 14-5 Filed 04/01/2008

Page PAGE 2 83 2 of

11 upon my observations and assessment of Mr. Spikes, and my medical expertise, it is my 2 1 medical opinion that Mr. Spikes has at least three conditions which substantially impair 3 1 his ability to walk, stand, climb stairs and negotiate curbs: a) tTaumaticabove-knee 4 1 amputation of the right lower extremity; b) chronic instability of the left knee due to knee 5 U dislocation; and c) drop-foot due to permanent neurological injury at the left knee. 61 4. Mr. Spikes requires the use of a wheelchair for mobility, which I prescribed medical conditions. Without a wheelchair. Mr.

7 I for him, bec:auseof tile abo~identified

a 1 Spikes would be substantially limited in his every day activities because he cannot walk 9 I without grellt difficulty and pain, nor can he stand for more than fifteen to twenty minutes 10 1 without great difficulty and pain. 11" 5. While Mr. Spikes can walk, if wearing a prosthesis, his gait is severely

12 I imbalanced and 1D1steady, to the drop-foot in his left lower "AtR;wity,his unstable left due 13 1 knee, and dae pain associated with the use of his prosthesis. These conditions also 14 I severely linnt the distance he is able to walk. Further, his drop-foot condition, his left 151 knee instability and the use ofhis prosthesis, make it difficult, if not impossible, for Mr. 16 I Spikes to n.~otiate curbs and/or stairs unless there are railings or other supportive
17 H featuresavuilable. I stronglyrecommendthat Mr. Spikesavoidnegotiatingstairs or

18 H curbs, whil.: walking, unless he has adequate support.
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6.

I am further aware that Mr. Spikes sutTers from "phantom pains" associated

20 n with his amputated exttemity. Based upon my experience as an orthopedic surgeon, I am 21 U awan: that !Iucbpains ate often debilnating. I have tmlted Mr. Spikes for debilitating 22 II phantom pains. 23 U I de<:lareunder penalty of perjmy under the laws of the State of California and the

24 I United Stat:s of America that the foregoing is 1rUeand correct. 251 26 27 28 2 Ex~:uted this 1"1 ~ day of~, 2008 at San Diego. California.