Sorry but it’s just Nationwide; and, worse yet, the Company is singing way off key.
If you recall Judge Walker’s unfortunate decision granting Nationwide’s Motion for Mental Examination of Plaintiff in Politz v Nationwide, you may also remember Dr. Mark Webb is the psychiatrist Nationwide selected to conduct the examination.
He is also resume-lite.
Consequently, Counsel for Mrs. Politz filed the Notice of Issuance of Subpoena to Produce Documents, Information or Objects seeking additional information on Dr. Webb’s qualifications and related experience. SLABBED reported the Notice in a recent Katrina litigation update.
Yesterday – and apparently without reading Dr. Webb’s resume-lite – Counsel for Nationwide filed a Motion to Quash the Plaintiff’s subpoena.
Nationwide claims the ten year time framed [sic] …is overly broad and burdensome and many of…[the fourteen categories of documents]…have no relevance to the claims or defenses asserted by the parties to this action. Nor do these documents have any probative value on issues of any potential bias by Dr. Webb.
Nationwide is not Patsy Cline but those claims are Crazy:
Events from 1999 to 2009 are totally missing from his resume and only one dated 1999 is listed – overly broad, not!
Try lacks relevance:
Jurors also heard testimony from Dr. Mark Webb, a board-certified psychiatrist who often conducts psychological evaluations of defendants in criminal cases…
It is not Plaintiff’s request but Dr. Webb’s that work lacks relevance to the Politz claim – and his resume, an exhibit to an earlier Nationwide motion, lacks relevance to much of anything except his past.
The grades he made as an undergraduate, his participation on the Student Activities Board during medical school are about the young man of 25 and 30 years ago and such are not relative to the present or his expertise to examine Mrs. Politz.
Dr. Webb is a 50-years-old physician with much that should have been on his resume.
Of course, had his resume been current there would be no reason for Nationwide to suggest Plaintiff’s Counsel was “fishing” – the Company would have been caught!
Search results on Dr. Webb include (1) the previously referenced history of evaluating defendants in criminal cases; (2) an impressive list of cases in which he examined plaintiffs for corporate defendants, Baker et al v Sanderson Farms, for example; and, (3) what Nationwide described as “completely irrelevant” Worker’s Comp insurance cases” – irrelevant because ” …this lawsuit does not involve a “work-related injury”.
The glaring omission of references to the past ten years on Dr. Webb’s resume, when considered with the rather trivial dated information it does include, sends a powerful message that reflects poorly on both Dr. Webb and Nationwide – a message of clear intent to cause Mrs. Politz even more distress, the kind of distress Willie Nelson had in mind when he wrote:
Why do I let myself worry
What in the world did I do