PLAINTIFF RESPONSE TO DEFENDANT LINDA LAJOIE FIRST REQUEST FOR PRODUCTION

Transcription

1 IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR OSCEOLA COUNTY, FLORIDA CASE NUMBER: 2014 CA 2505 ON JOSE GILBERTO SERRANO, Plaintiff, vs. PUNITIVE DAMAGES PERSONAL INJURY HERITAGE PARTNERS GROUP d/b/a A GREEN PROPERTY MANAGEMENT, SAWYER ESTATES, LLC., LINDA LAJOIE and their employees, et al. Defendants. / PLAINTIFF RESPONSE TO DEFENDANT LINDA LAJOIE FIRST REQUEST FOR PRODUCTION COMES NOW the Plaintiff, JOSE GILBERTO SERRANO, Pro Se, and pursuant to rule 1.350, Florida Rules of Civil Procedure, hereby responds to Defendant's First Request for Production and produce the items requested herein for inspection and other purposes as permitted by the Florida Rule of Civil Procedure, within thirty (30) days of service of this Request. 1- Any and all medical records from any health care provider containing information regarding the injuries and damages allegedly sustained by the Plaintiff as a result of the incident which is the subject matter of this litigation, or in the alternative, for any such providers that are not in the State of Florida, HIPPA-complaint authorizations for the release to undersigned counsel of all such records. HIPPA Authorization for release of information for the following providers herein attached. Physical Therapy Saint Cloud Regional Medical Center Dr. Faulk Orthopedic Associates of Osceola Yassar Chafke, MD - Neurologist Dr. Christopher McNichols Chiropractor A-1 Imaging Center Chiropractor Medical Record Orthopedic Medical Record MRI Copy Saint Cloud Medical Center Record

2 2- Any and all statements, invoices or bills for services rendered by any health care provider for care, treatment or evaluation of the injuries and damages allegedly sustained by the Plaintiff as a result of the incident which is the subject matter of this litigation, or in the alternative, for any such providers that are not in the State of Florida, HIPPA-complaint authorizations for the release to undersigned counsel of all such records. 3- Any and all statements, invoices, receipts, or bills reflecting the cost or expense of any medical expenses, including prescriptions, paid out of pocket by Plaintiff or on Plaintiff's behalf as a result of the incident which is the subject matter of this litigation, or in the alternative, for any such providers that are not in the State of Florida, HIPPA-complaint authorizations for the release to undersigned counsel of all such records. See response to Request #1 4- Any and all medical records in Plaintiff's possession reflecting any and all medical treatment received by Plaintiff, which is not related to the subject matter of this litigation during the 10 years preceding the subject incident, or in the alternative, for any such providers that are not in the State of Florida, HIPPA-complaint authorizations for the release to undersigned counsel of all such records. Plaintiff would object to the forgoing request and as grounds therefore would state that said request seeks information which is neither relevant to the issues raised in this lawsuit, not likely to lead to the discovery of admissible evidence. 5- Any and all statements of Defendant, its officers, directors, shareholders, agents servants or employees in the care, custody, possession or control of the Plaintiff, and a copy of any tapes, video or other electronic statement not yet transcribed. 6- All statements which Plaintiff intends to use at trial, including all statements, written and/or recorded, made by any witness to the subject incident which Plaintiff intends to use at trial. 7- Any and all documents, reports and/or investigative materials films in the possession, custody or control of the Plaintiff and/or Plaintiff's agents, servants or attorneys relative to the subject matter of this lawsuit, created or generated by a government agency, including but not limited to city, county and state law enforcement agencies regarding any civil and/or criminal investigations.

3 8- A report and Curriculum Vitae (CV) of each person whom the Plaintiff expects to called as an expert at the trial of this cause. 9- Any and all reports, opinions, or other memoranda from any and all experts to be used at trial by Plaintiff in the subject litigation. 10- Any and all video, DVD and photographs of the scene of the incident which is the subject matter of this litigation. Pictures of the flooding foyer entrance taken on 08/23/14 Pictures of the repair of the entrance, three (3) weeks after the accident, taken by 09/10/ Any and all video, DVD, and photographs of the Plaintiff depicting any injuries which Plaintiff claims are related to the incident which is the subject matter of this litigation.

4 Picture of the right swelled ankle Picture of the same ankle after Medical taken on 08/24/2013. attention, taken on 08/24/ Any and all policies of insurance, including, but not limited to, personal injury protection, medical payments coverage, group health insurance or major medical insurance, which may have provided benefits to the Plaintiff as a result of the incident which is the subject matter of this litigation. 13- As to each type of insurance in force in favor of the Plaintiff, including, but not limited to, life insurance, medical insurance, hospitalization insurance, Medicare, Medicaid, disability insurance, medical payments insurance, personal injury protection insurance, health insurance and accident insurance: a. A copy of each such contract or policy; b. The Identification Card of each such contract or policy; c. The Declarations Sheet of each such contract or policy; d. Each and every application for benefits made by the Plaintiff under any of the policies, whether pertaining to the incident which is the subject matter of this litigation or not; and e. All records of payments, checks, check stubs, memos and correspondence relating to payments made under any of the policies referred to above. 14- Any and all payout sheets or logs from any insurance provider reflecting payment of any medical bills incurred by Plaintiff for any alleged injuries in the subject litigation. 15- Any and all diaries or journals maintained by Plaintiff concerning any issues which are the subject matter of this litigation.

5 16- Any and all correspondence of any kind that was sent by any provider of collateral sources notifying Plaintiff of their intent to claim a lien against any proceeds received by Plaintiff in this litigation. 17- Any contract or agreement of any group, organization, partnership or corporation to provide, pay for, or reimburse the costs of hospital, medical, medical, dental, or other health care services. Response 18- Any contractual or voluntary wage continuation plan provided by employers or any other system intended to provide wages during a period of disability. 19- Copies of any documents reflecting any claim (other than this litigation) that Plaintiff incident has made as result of the incident alleged in this matter, for personal injury, wages or other compensation, whether a lawsuit, written demand or for worker's compensation or Social Security benefits. 20- Copies of any documents reflecting any claim that Plaintiff has made in the past for personal injury, wages or other compensation, whether a lawsuit, written demand or for worker's compensation or Social Security benefits. 21- Any and all bills, receipts, explanations of benefits, correspondence, rejection or acceptance letters, or any other document of any kind whatsoever that Plaintiff received from provider of any public benefits, including but not limited to Medicaid, Medicare, Social Security Income (SSI), or Social Security Disability Income (SSDI), from the date of the accident that is the subject of this lawsuit through the date on which Plaintiff responds to this request for Production.

6 22- A copy of Plaintiff's current driver's license. 23. A copy of the Social Security card of the Plaintiff. 24. A copy of the birth certificate of the Plaintiff. Copy of Birth Certificate is being requested to the Commonwealth of Puerto Rico Health Department. 25- Copies of any and all documents concerning any test, examinations, or inspections of the Defendants, LINDA LAJOIE, premises subsequent to the date of the alleged occurrence. 26- A copy of any and all documents, regulations, warnings, labels, pamphlets, memoranda, instructions manuals, books, treatise, or other writings of any nature upon which you rely to establish any act or omission which you contend constitutes any wrongful conduct on the part of Defendants, LINDA LAJOIE. See paragraph 15 of the lease herein attached, and Florida Statute 83.51(1)(a)(b) Landlord's obligation to maintain premises. 27- Copies of any and all reports filed and/or completed concerning the premises located at 4340 Apartment B, Sawyer Circle, Saint Cloud, FL, Osceola County, Florida by any governmental agency, whether Federal, state or local, which are in the possession, custody and/or control of the said Plaintiff, which you contend supports your claims in this matter. 28- All documents identified in Plaintiff's answers to Defendant, LINDA LAJOIE Interrogatories served contemporaneously herewith.

7 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by U.S. Postal Service Certifiied Mail at designated address: David.Evelev@csklegal.com DAVID R EVELEV, Esq. Florida Bar No Attorney for Defendant LINDA LAJOIE COLE, SCOTT & KISSANE, P.A. Tower Place, Suite Tower Summit Boulevard, Orlando, FL and electronically filled the foregoing with the Clerk of Osceola County by fax number (407) This 15 th day of October, JOSE GILBERTO SERRANO, PRO SE Counsel for Plaintiff C/O Sonia Serrano 132 White Birch Dr Kissimmee, FL Ph: (407) Fax: (321) josegilbertoserrano@yahoo.com