IN THE STATE COURT OF DEKALB COUNTY
STATE OF GEORGIA
PATRICK C. DESMOND, MARY C.
DESMOND, Individually, and MARY C.
DESMOND, as Administratrix of the Estate
of PATRICK W. DESMOND
Plaintiffs,
v.
Civil Action File No: 10A28641-2
NARCONON OF GEORGIA, INC.,
NARCONON INTERNATIONAL,
DELGADO DEVELOPMENT, INC.,
SOVEREIGN PLACE, LLC, SOVEREIGN
PLACE APARTMENT MANAGEMENT,
INC., LISA CAROLINA ROBBINS, M.D.,
and THE ROBBINS GROUP, INC.
Defendants.
D E F E N D A N T N A R C O N O N O F G E O R G I A , INC.'S F I R S T S U P P L E M E N T A L
OBJECTIONS AND RESPONSES TO PLAINTIFFS' FIRST INTERROGATORIES
COMES NOW Narconon of Georgia, Inc. ("Defendant"), through the undersigned
counsel, and serves and presents the following First Supplemental Objections and Responses to
Plaintiffs' First Interrogatories:
5.
Please identify any person that these defendants expect to call as a testifying expert
witness, whether live, by affidavit, or by deposition, in connection with any trial, hearing, or
motion, as well as any other evidentiary hearing in this action. For each such expert, please
identify the subject matter of which the person is expected to testify, a summary of the grounds
for such opinions, and the identity of all documents and professional references upon which such
person may base his or her testimony and opinions.
ORIGINAL RESPONSE:
Defendant has not yet identified an expert expected to testify at trial. Discovery in this
matter has recently commenced, and Defendant will supplement its response in accordance with
Rule 26 of the Georgia Civil Practice Act.
FIRST SUPPLEMENTAL RESPONSE:
A.
Louis Adolph Casal, M.D.
Defendant Narconon of Georgia, Inc. may call Louis Adolph Casal, M.D. to testify on its
behalf at trial. Defendant Narconon of Georgia, Inc. anticipates that Dr. Casal will testify, to a
reasonable degree of probability, about the following subject matter:
(1)
Narconon of Georgia provided a reasonable and appropriate outpatient drug and
alcohol education and rehabilitation program and meets the applicable standard of care;
(2)
The Narconon Course Materials and other information provided to students within
the Narconon of Georgia program were appropriate and reasonable and met the applicable
standard of care for drug and alcohol education and rehabilitation;
(3)
The treatment plan provided for Patrick Desmond was reasonable for an
outpatient drug and alcohol education and rehabilitation program;
(4)
The staffing at Narconon of Georgia was appropriate for an outpatient drug and
alcohol education and rehabilitation program;
(5)
No act or omission on the part of Narconon of Georgia, Inc. proximately caused
or contributed to the death of Patrick Desmond.
Dr. Casal's opinions are based on his experience, training and review of the following
materials:
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Plaintiffs' Complaint; Affidavit of David Smith; Curriculum vitae of David Smith;
Plaintiffs' disclosures (together with attachments); Peachford Hospital records regarding Patrick
Desmond; Northside Hospital records regarding Patrick Desmond; DeKalb Fire & Rescue
records regarding Patrick Desmond; Medical Examiner's records regarding Patrick Desmond;
Dr. Lisa Robbins' records regarding Patrick Desmond; Narconon New Life Detoxification
Program - Sauna & Exercise program description; Narconon Outpatient Protocol & Program
Description filed with the Department of Human Resources (Plaintiffs Exhibit 2 to Robbins'
deposition); Narconon of Georgia student file regarding Patrick Desmond (for first and second
enrollment); supplemental expert disclosure (letter from Rebecca Franklin dated 12/12/2011);
Videos Marijuana the Myth; Xtasy, The Real Story, parts 1 and 2; The Truth About Drugs, Video
Program for Teachers; documents produced by the parties in response to written discovery; and
the depositions of the following individuals:
1. Dr. Francis W. Rushing
2. Dr. Gerald Gowitt
3. Dr. Lisa Robbins
4. Mary Rieser (V. I and II)
5. Mary Desmond
6. Patrick Desmond
7. Tracy Stepler
8. Brandon Ormsby
9. Mark O'Donnell
10. Don Delgado
11., Mary Delgado
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12. Nick Parsons
13. Lisa Mooty
14. Elizabeth Backus
15. Jamie Leigh Thompson
16. Brad Taylor
17. Randy Taylor
18. Dr. Kennison Roy
19. Dr. Stephen Kent
Dr. Casal will be made available for deposition to further explore the substance of his
opinions and findings, as well as the bases for such opinions and findings. A copy of his
curriculum vitae is attached as Exhibit A. He is available for deposition on March 20, 21, or 22,
2012.
B.
Reverend Jerry James McLaughlin
Defendant Narconon of Georgia, Inc. may call Reverend Jerry James McLaughlin to
testify on its behalf at trial. Defendant Narconon of Georgia, Inc. anticipates that Rev.
McLaughlin will testify that the course materials used by Narconon of Georgia embody
principles and techniques found in writings by L. Ron Hubbard, the founder of the Church of
Scientology. However, those principles and techniques do not rely upon or require a belief in
Scientology and are effective in educating and rehabilitating people who are addicted to drugs
and alcohol, regardless of their religious beliefs or spiritual background.
Rev. McLaughlin has a Masters Degree in Theological Studies from Southern Methodist
University. He holds a Bachelor of Arts Degree in Business Administration/Economics from
Philander Smith College and an Associate of Science Degree from Shorter College in North
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Little Rock, Arkansas. Rev. McLaughlin is a Licensed Alcohol and Drug Counselor by the
Texas and Oklahoma Boards of Licensed Alcohol and Drug Counselors; a Diplomat of the Board
of Addictions Examiners; a Master Addiction Counselor; and a Certified Pastoral Addiction
Counselor.
Rev. McLaughlin's opinions are based on his experience, training and review of the
following materials:
Plaintiffs' Complaint; course materials for Narconon of Georgia, Inc.; and deposition o f
Dr. Stephen A. Kent, with exhibits.
Rev. McLaughlin will be made available for deposition to further explore the substance
of his opinions and findings, as well as the bases for such opinions and findings. He is available
for deposition on March 6,12 and 19, 2012.
This the 6th day of February, 2012.
DREW ECKL & FARNHAM, LLP
Stevan A. Miller
Georgia Bar No. 508375
Barbara A. Marschalk
Georgia Bar No. 324498
880 W. Peachtree St., NW (30309)
P.O. Box 7600
Atlanta, GA 30357-0600
Telephone: (404)885-1400
Facsimile: (404) 876-0992
E-mail: smiller@deflaw.com
E-mail: bmarschalk@deflaw.com
Attorneys for Defendant
Narconon of Georgia, Inc.
3218708/1
5346-81580
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