Mills Barton Direct Testimony PDF

**Mills Barton Direct:-** **The prosecution calls Dr. Mills Barton to testify.** **Please introduce yourself to the court.** My name is Mills Barton. **And tell us about your employment history Dr. Barton?** I have practiced medicine for 30 years first as senior chief resident at the University...

**Mills Barton Direct:-** **The prosecution calls Dr. Mills Barton to testify.** **Please introduce yourself to the court.** My name is Mills Barton. **And tell us about your employment history Dr. Barton?** I have practiced medicine for 30 years first as senior chief resident at the University of Maryland Medical Center. I worked with the Indianapolis Colts as their team physician. I am board-certified in Orthopedic Surgery with a specialization in Orthopedic Sports Medicine, which of course includes traumatic sports injuries. I currently serve as the Chair of Emergency Medicine at Scripps Mercy Hospital in San Diego. **What formal education did you receive to prepare you for these positions?** I earned my bachelor's degree from Northwestern University, and my M.D. from Johns Hopkins University. I did my residency in the Shock Trauma unit at the University of Maryland Medical Center. **What is your relation to this case?** I was contacted by attorneys for the Stark family and I agreed to investigate the specifics of Wade Stark's death. **Have you testified in cases regarding trampolines before?** Yes, I have testified for the Heritage Owners Group Insurance for numerous cases regarding trampolines. **How will your testimony today assist the trier of fact for the case before us today?** **Experience and** **Were you given sufficient facts and data to form an opinion in this case?** Yes, I was. **And were the methods and principles used to form your opinions reliable?** Yes, they were. **Did you reliably apply these methods and principles to this case?** Yes, I did. Your honor the plaintiff moves to tender Dr. Barton as an expert in orthopedic sports medicine. (rule 702 A-D) Your honor permission to approach the witness. Let the record reflect that I am showing opposing counsel what has previously been marked as prosecution exhibit 4. (rule 401,402,403) **Mr. Barton, are you familiar with this exhibit?** Yes, I am. **Can you identify what it is?** It is the transcript of the 911 call regarding Wade Stark's incident. **Will it aid you in your testimony today?** Yes, it will. **To your knowledge is this a fair and accurate representation of what you were given?** Yes, it is. Your honor the prosecution moves to enter the 911 transcript into evidence as Exhibit 4. (rule 401,402,403) **Mr Barton, can you read the first two lines of the transcript for me?** Dispatch: \"Emergency 911. Is your emergency Police, Fire, or Medical?\" Caller 1: \"I'm at Springs Park. A kid had a bad fall on a trampoline and is not moving. He has a weak pulse.\" **Based on your experience, what do the phrases "not moving" and "weak pulse" indicate about the injury?** In my experience, the phrase \'not moving\' indicates that the child may be unresponsive, which is a serious concern, especially following a fall that could involve significant trauma to the neck or spine. It suggests potential severe neurological impairment or injury. A \'weak pulse\' is equally alarming, as it can indicate compromised blood circulation, possibly due to shock or severe injury, such as a spinal cord injury that disrupts the body\'s ability to function normally. In Wade\'s case, this points to a critical situation that would require immediate medical attention, as both indicators suggest a life-threatening condition. **Do you believe that Wade died at Springs Park?** Yes, the terminology and assertions about Wade's condition from firsthand bystanders indicate that he died shortly after sustaining the injury. Your honor permission to approach the witness. Let the record reflect that I am showing opposing counsel what has previously been marked as prosecution exhibit 5. (rule 401,402,403) **Dr. Barton, are you familiar with this exhibit?** Yes, I am. **Can you identify what it is?** It is the coroner report for Wade Stark. **Will it aid you in your testimony today?** Yes, it will. **To your knowledge is this a fair and accurate representation of what you were given?** Yes, it is. Your honor, the plantiff moves to enter the coroner\'s report for Wade Stark into evidence as Exhibit 4. (rule 401,402,403) **Dr. Barton based on the autopsy, why do you believe Wade died?** Wade's death occurred as a direct result of his spinal cord being severed between the C1 and C2 vertebrae, causing death within minutes. **Could a previous injury have been a contributing factor to his death?** No, because the autopsy for Wade Stark indicates an otherwise healthy male with a broken vertebra near the base of the skull. This break caused a sharp shift in the spinal column resulting in the broken bone slicing through the spinal cord. The break would have been very painful and then all feelings would stop. Death most likely followed within a few minutes as his body could no longer regulate his heartbeat or breathing. Thus this injury would immediately cause Wade to die regardless of any pre existing injuries. [Dr. Barton, could you please read what is listed under certification?] [Cause of death: spinal cord severed between the C1 and C2 vertebrae causing death within minutes.] [Date of death: 4/22/2023. Time of death: 16:25] [So based on the coroner\'s report and 911 transcript did Wade Stark die at the trampoline park?] [Yes, the evidence strongly suggests that Wade died on scene. (may not be necessary questions)] Your honor permission to approach the witness. Let the record reflect that I am showing opposing counsel what has previously been marked as prosecution exhibit 6. (rule 401,402,403) **Dr. Barton, are you familiar with this exhibit?** Yes, I am. **Can you identify what it is?** It is a diagram of Springs Park. **Will it aid you in your testimony today?** Yes, it will. **To your knowledge is this a fair and accurate representation of what you were given?** Yes, it is. Your honor, the prosecution moves to enter the diagram of Springs Park into evidence as Exhibit 6. (rule 401,402,403) Dr. Barton, are you familiar with the dodgeball zone(13 years and up) where the incident occured? Yes, I am. How are you familiar with the dodgeball zone? Well, first off I review all of the exhibits that were given to me which showcased the dodgeball zone. Additionally the owner of Springs Park Sydney Wilson gave me a tour and I specifically looked at the Dodgeball Zone for ages 13--and--up. After that we went to the room where Wade died.\ What did you observe in the room? I conducted an examination of the equipment, including the pads; however, I was not allowed access to the area underneath the trampolines. The pads covering the springs to the trampoline surfaces were about one inch thick. Is this thickness the industry standard? No, Springs Park exceeded the IATP recommended thickness by using one-inch-thick pads instead of half-inch-thick pads, but it was obvious to me that the pads were worn thin. When I asked Wilson about the pads, Wilson indicated that the pads had not been replaced since opening. (expect objection and they will say this is hearsay-rule 703 probative value outweighs prejudicial value and having a full understanding of the circumstances regarding Wade\'s death will assist the trier of fact in making a proper assessment of the case) What do you believe the impact of the padding was on Wade's injury? In my professional opinion, a fall like that could not have resulted in death without mats being moved, damaged, or not of the right thickness. Injuries Wade must have hit either the springs attached to the jump surface, or the metal framing to which the springs attach. So in your expert opinion would Wade Stark be alive if not for the actions of Springs Park? Based upon my research and investigation into Wade Stark's death, more adequate staffing, and up to date safety mats, better controls over guests and enforcement of rules, including keeping younger children away from the older participants, would have prevented us from being in court today over this boy's death. Thank you Mr. Barton. Your honor, the prosecution has no further questions for this witness. Potential Objections: When they introduce an expert they must ask these questions: Rule 702. Testimony by Expert Witnesses A witness who is qualified as an expert by knowledge, skill, experience, training, or education may testify in the form of an opinion or otherwise if: (a) The expert's scientific, technical, or other specialized knowledge will help the trier of fact to understand the evidence or to determine a fact in issue; (b) The testimony is based on sufficient facts or data. (c) The testimony is the product of reliable principles and methods; and (d) The expert has reliably applied the principles and methods to the facts of the case. **Bailey Parker Cross:** -if they talk at all about meeting Sydney Wilson/ the convo object due to hearsay. -Sydney talked about hiring them in a more solid contracting role -maybe try an objection if they attempt to bring in liability form under her. Dakota Stark is the only one who can confirm her signature? **Good morning Ms. Parker. How are you?** I am doing well. **Isn't it true that you've never worked on a trampoline injury case involving death?** I spoke about the IATP recommendations for operating facilities safely and I discussed my war stories of the handful of trampoline injury cases that I investigated while I was still working at SIC, before I started my consulting business. None of those cases involved deaths, but I did have some severe neck, leg, and arm injury cases.(lines 31-34) **Isn't it true that you and Sydney Wilson the owner of Springs Park had a preexisting relationship before being contracted for this case?** Yes, it is but that doesn't impact my ability to be impartial. (lines 35-46) **Syndey Wilson told you about a potential consulting job in the future with her company, correct?** Yes, she did but it doesn't impact my ability to be impartial. (lines 44-46) **Furthermore, you expect to get the job after this case, correct?** Yes. (lines 44-46) **Isn't it true that Syndey Wilson called you personally to inform you about the incident?** Yes. (47-49) **You examined the scene two days after the incident occurred, correct?** Yes, (86-88) **Isn't it true that Sydney Wilson led you around during your inspection of the scene?** Yes.(88-91) **The staff should have identified that Wade was too young for the dodgeball zone, correct?** Yes. (109-110) **Being in the zone for older kids increased Wade's risk of injury, correct?** Yes. (113-114) If they bring up exhibit 9: **It is impossible to confirm if the Springs Park employees actually did their safety check, correct?** Yes. Exhibit 3(waiver): **Isn't it true that Dakota Stark did not initial the waiver?** Yes. (pg 53) **Furthermore, she did not write her birth date or email, correct?** Yes. (pg 53)