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Filing # 135661113 E-Filed 09/30/2021 01:25:38 PM
IN THE CIRCUIT COURT OF THE 17TH
JUDICIAL CIRCUIT IN AND FOR
BROWARD COUNTY, FLORIDA
HEATHER GRANT,
Plaintiff,
V
CASE NO: CACE21009583 (21)
FRANCISCO GABRIEL VAILLO, DAVID CIVIL DIVISION
VADILLO AND LYFT, INC.,
Defendants,
i
V
FRANCISCO GABRIEL VADILLO,
Counter-Plaintiff,
V
HEATHER GRANT,
Counter-Defendant.
i
REQUEST FOR PRODUCTION
Counter-Defendant, HEATHER GRANT, by and through the undersigned counsel,
pursuant to Fla. R. Civ. P. 1.350, hereby request the Counter-Plaintiff, FRANCISCO GABRIEL
VADILLO, to produce and permit the inspection, copying or photographing by or on behalf of
Defendants of the following items within the time period permitted by said rule at Law Offices of
Michael W. Carroll, 3230 West Commercial Blvd., Suite 400, Fort Lauderdale, FL 33309.
1. Any and all medical bills, hospital bills, dental bills, nursing bills, pharmaceutical
bills, or other bills, which allegedly support the Counter-Plaintiffsclaim for damages.
***
FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 09/30/2021 01:25:37 PM.****
Case No: CACE21009583 (21)
2. Any and all hospital records, medical records, copies of all x-ray, CT scans and/or
MRI films of any treating and/or examining physician or health care provider regarding the
Counter-Plaintiffsinjuries allegedly sustained by the incident giving rise to this lawsuit.
3. Any and all photographs,drawings and/or motion pictures of the Counter-Plaintiff
depicting any alleged injuries suffered by the Counter-Plaintiffas a result of the subject incident,
including a photograph of the Counter-Plaintifftaken within six (6) months preceding Counter-
Plaintiffs alleged injuries.
4. Any and all statements previously made by the or Counter-
Plaintiffs agents.
5. Any and all records pertaining to payments made to the Counter-Plaintiffarising
from the subj ect incident pursuant to:
a. the United States SocialSecurity Act; any federal, state or local disability act; or
any other public programs providing medical expenses, disability payments or
other similar benefits;
b. any health, sickness or disability income insurance, and any other similar benefits;
C
any contract or agreements of any group, organization, partnership or corporation
to provide, pay for, or reimburse costs of hospital, medical or other health care
services;
d. any contractual or voluntary wage contributionplan provided by any employers of
the Counter-Plaintiffor any other system intended to provide wages during any
period of alleged disability of such individual.
6. True copies of any and all federal income tax returns, W-2 withholding tax
statements and any and all business records, paid receipts and other memoranda in the possession,
custody or control of the Counter-Plaintiff indicating the Counter-Plaintiffs gross income,
including self-employment, employment, salaries, commissions, bonuses, investments, credits
and/or reimbursements for business expenses, for the past seven (7) years together with an in
addition to income to date.
7. Any and all reports from experts whom you intend to call at the time of trial.
8 Copy o f the Curriculum Vitae o f any and all experts whom you intend to call at the
time o f trial.
9- With respect to the alleged injuries at issue in this action, any and all medical
records from hospitals or any other health care facility, including all information related to
Case No: CACE21009583 (21)
treatments, prognosis, diagnosis, and physical or mental historiesmade or maintained by the health
care professionals identified in response to the interrogatories to Counter-Plaintiff.
10. All documentswhich refer or relate to any other lawsuits in which Counter-Plaintiff
has been a plaintiff in a personal injury matter.
11. All documents relied upon in compiling your response to the interrogatories and
request for production.
12. Any and all policies of insurance in force on the date of the incident complained of
herein that may provide coverage to Counter-Plaintifffor the injuries as alleged by Counter-
Plaintiff in Counter-PlaintiffsComplaint.
13. Any and all documents which purport to support Counter-Plaintiffs allegation of
negligence against Defendants.
14. Any and all documentswhich purport to support wage loss of Counter-Plaintiff.
15. Any and all documentswhich evidence prior injury, illness or disease to the part of
the body to which Counter-Plaintiffclaims injury in Counter-PlaintiffsComplaint.
16. Any and all documentswhich evidence prior suits brought by or against Counter-
Plaintiff.
17. Counter-Plaintiffs complete Personal Injury Protection or No-Fault file for this
accident.
18. A copy of Counter-Plaintiffsapplication for Personal Injury Protection or No-Fault
benefits.
19. Any and all documents which were obtained from, created or generated by
Defendants.
20. Any and all documents which evidence that Counter-Plaintiffwas injured in this
accident.
21. All documents from Counter-Plaintiffs health insurer indicating payment for
medical treatment relating to the injuries Counter-Plaintiff claims to have sustained in this
accident.
22. All correspondence to and from the police or district attorney relative to this
accident.
23. Copies of pleadings relative to any litigation with Counter-Plaintiffs No-Fault
insurer.
Case No: CACE21009583 (21)
24. Copies of all pleadings and answers relative to any and all personal injury
protection benefit or claim litigation.
25. Copies of all applications for No-Fault benefits and/or PIP benefits, copies of all
correspondence to and from Counter-Plaintiffs PIP insurance carrier, as well as copies of all
denials of benefits from Progressive.
26. Copies of all records obtained by a records request for any reports or documents
concerning this alleged incident.
27. Copies of all of Counter-Plaintiffs Letters of Protection executed by Counter-
Plaintiff to any healthcare provider listed in Counter-Plaintiffsinterrogatory responses.
28. Photocopies of receipts, statements, invoices, checks, canceled checks,
explanations ofbenefits, benefits statements, or other documentsor tangible evidence representing
expenses of any kind which are claimed to be recoverable in this proceeding, including, but not
limited to: expenses from physician examinations, tests, and treatment, therapy, nursing care,
hospital and/or institutional care, ambulance services, medications (prescription or otherwise),
domestic or household services, services for which you paid money or became liable for payment
of money for any and all goods or services which Counter-Plaintiffbelieves were necessitated by
the incident complained of in this proceeding.
29. Copies of all medical reports received by the Counter-Plaintiff or Counter-
Plaintiffs attorneys, investigators, servants, or employees from any physician, hospital, or any
practitioner who has rendered treatment to the Counter-Plaintifffor injuries incurred as a result of
the incident which is the subject ofthis lawsuit.
30. Copies of all hospital records from any hospital where each Counter-Plaintiffhas
been a patient (whether an in-patient or out-patient)subsequent to the incident which is the subject
ofthis lawsuit, which are in the possession ofthe Counter-Plaintiffor Counter-Plaintiffsattorneys,
investigators, agents, servants, or employees.
31. Complete copies of income tax returns and all schedules thereto, W-2 forms, and
any other documents evidencing income or compensation filed by the Counter-Plaintiffwith the
United States Government or any state for the past five (5) years, and all documents which
constitute evidence of income to date for the current year.
32. All written statements given by the Counter-Plaintiffconcerning the subject of this
lawsuit.
Case No: CACE21009583 (21)
33. Color photocopies of all original or duplicateoriginalphotographs in the possession
of the Counter-Plaintiff or Counter-Plaintiffs attorneys, investigators, agents, servants, or
employees, which are in any manner related to the subject matter ofthis lawsuit, including, but not
limited, to any photographs o f the parties, any and all photographs o f the vehicles and/or scene o f
the subject incident, and any photographs upon which the Counter-Plaintiffintends to rely or use
at trial.
34. Any personal journal, diary, log, or other documents evidencing the activities,
physical complaints, and dates of examination or treatment of Counter-Plaintifffor injuries or
damages attributedto the incident in question for the period immediatelysubsequent to the incident
until the date of your response to this request, and color photocopies of any photographs upon
which the Counter-Plaintiffintends to rely or use at trial.
35. True and correct photocopies of any insurance policies, declaration pages,
applications for benefits which afforded coverage to the Counter-Plaintiff for the injuries
complained of in this proceeding, including but not limited to, medical, hospitalization,Medicare,
Medicaid, disability, medical payments, personal injury protection, and health and accident.
36. Copies of any statutes, rules, regulations, ordinances, and other documents
regulatory in nature, upon which the Counter-Plaintiffsclaim for damages
in this proceeding.
37. Copies of all lien letters or other statements asserting or alleging the existence of a
lien by any medical or other provider(s) for services received by Counter-Plaintiffas a result of
the injuries complained of in the Complaint.
38. Any statements made by Counter-Plaintiff, written and recorded. This request
includes audio and videotapes of the Counter-Plaintiff.
39. A copy of Counter-Plaintiffspassport.
40. A copy of Counter-Plaintiffsdriver's license.
41. A copy ofthe accident report.
42. A copy of Counter-Plaintiffsmarriage certificate.
43. Copies of your cellular/mobile telephone bills evidencing incoming and/or
outgoing calls for one hour prior to and one hour after the time ofthe subject motor vehicle accident
or if the bill is not in your possession please identify your cell phone number and carrier on the
date of loss.
Case No: CACE21009583 (21)
44. Any and all statement(s) of any witnesses to the subject incident, including the
Defendantsherein.
45. For each social networking account listed in response to the interrogatories,provide
copies or screenshots of all photographs associatedwith that account during the two (2) years prior
to the date of loss.
46. For each social networking account listed in the interrogatories,provide copies or
screenshots of all photographs associatedwith that account from the date of loss to the present.
47. Electronic copies of all portions of your profile form social networking sites of
which Counter-Plaintiffis a member or holds an account, including but not limited to Facebook,
Twitter, Myspace, YouTube, LinkedIn, dating websites, etc. (including all updates, changes or
modifications to your profile) and all status updates, profile information or other updates,
messages, wall comments, causes joined, groups joined, activity streams, photographs, tagged
photographs,blog entries, details, blurbs, comments, and applications, from two (2) years prior to
the loss through today. To the extent electronic copies are unavailable, please provide the
documents in hard copy form.
Directions to download your Facebook Activity for Request Produce 45,46 and 47:
..
1) Click at the top right of any Facebook page and select "Settings" or "Account Settings'
2) Click "General" in the left-hand column. (this should be the default page but if not,
click on "General")
3) Click on "Download a copy of your Facebook data" towards the bottom of the Page
..
4) Click "Start My Archive'
5) Enter your password. To the extent necessary, click "Start My Archive" again.
6) You should receive an email with all your activity.
48. A true, complete and accurate copy ofthe owner's manual for the vehicle you
operated at the time of the accident as alleged in the Complaint.
49. A true, complete and accurate copy of any recording or other digital documentation
of the accident in question.
50. A true, complete and accurate copy of any recording or other digital documentation
downloaded from any source that in any way relates to the accident in question. This request
includes, but is not limited to CAN Bus or similar information, from any body shop, repair shop,
dealer or any other person or entity that inspected and/or repaired the vehicle you were operating
at the time of the accident in question.
Case No: CACE21009583 (21)
51. Please provide a copy of all notice letters to collateral sources pursuant to Florida
Statute 768.76(6), along with the registered or certified mailing number and the signed certified
green card or other proof of receipt by the collateral source.
52. Please provide a copy of all responsesto the notice letter(s) sent pursuant to Florida
Statute 768.76(6) from the collateral sources.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the above and foregoing has been
furnished via E-Mail on September 30, 2021 to
Douglas E. Ede, Esq., Rumberger, Kirk, &
Caldwell, P.A., Attorney for Defendant, Lyft, Inc., dede@rumberger.com;
(305) 358-5577/(305) 371-7580 (F), George L. Fernandez, Esq,
Quintairos Prieto Wood & Boyer P.A., Attorney for Defendants, Francisco Gabriel Vadillo and
David Vadillo, bfetokakis-
(305) 670-1101/(305) 670-
1101 (F), Bruce F. Silver, Esq., Silver & Silver, P.A., Attorney for Counter Plaintiff, Francisco
Gabriel Vadillo,
(561) 488-3344/(561) 488-5899 (F) and Jon A. Zepnick,
Esquire, Ansel & Miller, L.L.C., Attorney for Plaintiff, Heather Grant,
Law Offices of Michael W. Carroll
Attorneys for Counter-Defendant
3230 West Commercial Blvd., Suite 400
Fort Lauderdale, FL 33309
(561) 402-8092 (Asst.)/(954) 903-6551 (Direct)
Fax: (866) 841-8921
SERVICE DESIGNATIONS:
Primary
Secondary:
Af7
By-
LISA B. SILVERMAN, ESQUIRE
Florida Bar No. 68784
"Salaried EmployeesofProgressive Casualty Imurance Company"
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Filing # 135661113 E-Filed 09/30/2021 01:25:38 PM IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA HEATHER GRANT, Plaintiff, V CASE NO: CACE21009583 (21) FRANCISCO GABRIEL VAILLO, DAVID CIVIL DIVISION VADILLO AND LYFT, INC., Defendants, i V FRANCISCO GABRIEL VADILLO, Counter-Plaintiff, V HEATHER GRANT, Counter-Defendant. i REQUEST FOR PRODUCTION Counter-Defendant, HEATHER GRANT, by and through the undersigned counsel, pursuant to Fla. R. Civ. P. 1.350, hereby request the Counter-Plaintiff, FRANCISCO GABRIEL VADILLO, to produce and permit the inspection, copying or photographing by or on behalf of Defendants of the following items within the time period permitted by said rule at Law Offices of Michael W. Carroll, 3230 West Commercial Blvd., Suite 400, Fort Lauderdale, FL 33309. 1. Any and all medical bills, hospital bills, dental bills, nursing bills, pharmaceutical bills, or other bills, which allegedly support the Counter-Plaintiffsclaim for damages. *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 09/30/2021 01:25:37 PM.**** Case No: CACE21009583 (21) 2. Any and all hospital records, medical records, copies of all x-ray, CT scans and/or MRI films of any treating and/or examining physician or health care provider regarding the Counter-Plaintiffsinjuries allegedly sustained by the incident giving rise to this lawsuit. 3. Any and all photographs,drawings and/or motion pictures of the Counter-Plaintiff depicting any alleged injuries suffered by the Counter-Plaintiffas a result of the subject incident, including a photograph of the Counter-Plaintifftaken within six (6) months preceding Counter- Plaintiffs alleged injuries. 4. Any and all statements previously made by the or Counter- Plaintiffs agents. 5. Any and all records pertaining to payments made to the Counter-Plaintiffarising from the subj ect incident pursuant to: a. the United States SocialSecurity Act; any federal, state or local disability act; or any other public programs providing medical expenses, disability payments or other similar benefits; b. any health, sickness or disability income insurance, and any other similar benefits; C any contract or agreements of any group, organization, partnership or corporation to provide, pay for, or reimburse costs of hospital, medical or other health care services; d. any contractual or voluntary wage contributionplan provided by any employers of the Counter-Plaintiffor any other system intended to provide wages during any period of alleged disability of such individual. 6. True copies of any and all federal income tax returns, W-2 withholding tax statements and any and all business records, paid receipts and other memoranda in the possession, custody or control of the Counter-Plaintiff indicating the Counter-Plaintiffs gross income, including self-employment, employment, salaries, commissions, bonuses, investments, credits and/or reimbursements for business expenses, for the past seven (7) years together with an in addition to income to date. 7. Any and all reports from experts whom you intend to call at the time of trial. 8 Copy o f the Curriculum Vitae o f any and all experts whom you intend to call at the time o f trial. 9- With respect to the alleged injuries at issue in this action, any and all medical records from hospitals or any other health care facility, including all information related to Case No: CACE21009583 (21) treatments, prognosis, diagnosis, and physical or mental historiesmade or maintained by the health care professionals identified in response to the interrogatories to Counter-Plaintiff. 10. All documentswhich refer or relate to any other lawsuits in which Counter-Plaintiff has been a plaintiff in a personal injury matter. 11. All documents relied upon in compiling your response to the interrogatories and request for production. 12. Any and all policies of insurance in force on the date of the incident complained of herein that may provide coverage to Counter-Plaintifffor the injuries as alleged by Counter- Plaintiff in Counter-PlaintiffsComplaint. 13. Any and all documents which purport to support Counter-Plaintiffs allegation of negligence against Defendants. 14. Any and all documentswhich purport to support wage loss of Counter-Plaintiff. 15. Any and all documentswhich evidence prior injury, illness or disease to the part of the body to which Counter-Plaintiffclaims injury in Counter-PlaintiffsComplaint. 16. Any and all documentswhich evidence prior suits brought by or against Counter- Plaintiff. 17. Counter-Plaintiffs complete Personal Injury Protection or No-Fault file for this accident. 18. A copy of Counter-Plaintiffsapplication for Personal Injury Protection or No-Fault benefits. 19. Any and all documents which were obtained from, created or generated by Defendants. 20. Any and all documents which evidence that Counter-Plaintiffwas injured in this accident. 21. All documents from Counter-Plaintiffs health insurer indicating payment for medical treatment relating to the injuries Counter-Plaintiff claims to have sustained in this accident. 22. All correspondence to and from the police or district attorney relative to this accident. 23. Copies of pleadings relative to any litigation with Counter-Plaintiffs No-Fault insurer. Case No: CACE21009583 (21) 24. Copies of all pleadings and answers relative to any and all personal injury protection benefit or claim litigation. 25. Copies of all applications for No-Fault benefits and/or PIP benefits, copies of all correspondence to and from Counter-Plaintiffs PIP insurance carrier, as well as copies of all denials of benefits from Progressive. 26. Copies of all records obtained by a records request for any reports or documents concerning this alleged incident. 27. Copies of all of Counter-Plaintiffs Letters of Protection executed by Counter- Plaintiff to any healthcare provider listed in Counter-Plaintiffsinterrogatory responses. 28. Photocopies of receipts, statements, invoices, checks, canceled checks, explanations ofbenefits, benefits statements, or other documentsor tangible evidence representing expenses of any kind which are claimed to be recoverable in this proceeding, including, but not limited to: expenses from physician examinations, tests, and treatment, therapy, nursing care, hospital and/or institutional care, ambulance services, medications (prescription or otherwise), domestic or household services, services for which you paid money or became liable for payment of money for any and all goods or services which Counter-Plaintiffbelieves were necessitated by the incident complained of in this proceeding. 29. Copies of all medical reports received by the Counter-Plaintiff or Counter- Plaintiffs attorneys, investigators, servants, or employees from any physician, hospital, or any practitioner who has rendered treatment to the Counter-Plaintifffor injuries incurred as a result of the incident which is the subject ofthis lawsuit. 30. Copies of all hospital records from any hospital where each Counter-Plaintiffhas been a patient (whether an in-patient or out-patient)subsequent to the incident which is the subject ofthis lawsuit, which are in the possession ofthe Counter-Plaintiffor Counter-Plaintiffsattorneys, investigators, agents, servants, or employees. 31. Complete copies of income tax returns and all schedules thereto, W-2 forms, and any other documents evidencing income or compensation filed by the Counter-Plaintiffwith the United States Government or any state for the past five (5) years, and all documents which constitute evidence of income to date for the current year. 32. All written statements given by the Counter-Plaintiffconcerning the subject of this lawsuit. Case No: CACE21009583 (21) 33. Color photocopies of all original or duplicateoriginalphotographs in the possession of the Counter-Plaintiff or Counter-Plaintiffs attorneys, investigators, agents, servants, or employees, which are in any manner related to the subject matter ofthis lawsuit, including, but not limited, to any photographs o f the parties, any and all photographs o f the vehicles and/or scene o f the subject incident, and any photographs upon which the Counter-Plaintiffintends to rely or use at trial. 34. Any personal journal, diary, log, or other documents evidencing the activities, physical complaints, and dates of examination or treatment of Counter-Plaintifffor injuries or damages attributedto the incident in question for the period immediatelysubsequent to the incident until the date of your response to this request, and color photocopies of any photographs upon which the Counter-Plaintiffintends to rely or use at trial. 35. True and correct photocopies of any insurance policies, declaration pages, applications for benefits which afforded coverage to the Counter-Plaintiff for the injuries complained of in this proceeding, including but not limited to, medical, hospitalization,Medicare, Medicaid, disability, medical payments, personal injury protection, and health and accident. 36. Copies of any statutes, rules, regulations, ordinances, and other documents regulatory in nature, upon which the Counter-Plaintiffsclaim for damages in this proceeding. 37. Copies of all lien letters or other statements asserting or alleging the existence of a lien by any medical or other provider(s) for services received by Counter-Plaintiffas a result of the injuries complained of in the Complaint. 38. Any statements made by Counter-Plaintiff, written and recorded. This request includes audio and videotapes of the Counter-Plaintiff. 39. A copy of Counter-Plaintiffspassport. 40. A copy of Counter-Plaintiffsdriver's license. 41. A copy ofthe accident report. 42. A copy of Counter-Plaintiffsmarriage certificate. 43. Copies of your cellular/mobile telephone bills evidencing incoming and/or outgoing calls for one hour prior to and one hour after the time ofthe subject motor vehicle accident or if the bill is not in your possession please identify your cell phone number and carrier on the date of loss. Case No: CACE21009583 (21) 44. Any and all statement(s) of any witnesses to the subject incident, including the Defendantsherein. 45. For each social networking account listed in response to the interrogatories,provide copies or screenshots of all photographs associatedwith that account during the two (2) years prior to the date of loss. 46. For each social networking account listed in the interrogatories,provide copies or screenshots of all photographs associatedwith that account from the date of loss to the present. 47. Electronic copies of all portions of your profile form social networking sites of which Counter-Plaintiffis a member or holds an account, including but not limited to Facebook, Twitter, Myspace, YouTube, LinkedIn, dating websites, etc. (including all updates, changes or modifications to your profile) and all status updates, profile information or other updates, messages, wall comments, causes joined, groups joined, activity streams, photographs, tagged photographs,blog entries, details, blurbs, comments, and applications, from two (2) years prior to the loss through today. To the extent electronic copies are unavailable, please provide the documents in hard copy form. Directions to download your Facebook Activity for Request Produce 45,46 and 47: .. 1) Click at the top right of any Facebook page and select "Settings" or "Account Settings' 2) Click "General" in the left-hand column. (this should be the default page but if not, click on "General") 3) Click on "Download a copy of your Facebook data" towards the bottom of the Page .. 4) Click "Start My Archive' 5) Enter your password. To the extent necessary, click "Start My Archive" again. 6) You should receive an email with all your activity. 48. A true, complete and accurate copy ofthe owner's manual for the vehicle you operated at the time of the accident as alleged in the Complaint. 49. A true, complete and accurate copy of any recording or other digital documentation of the accident in question. 50. A true, complete and accurate copy of any recording or other digital documentation downloaded from any source that in any way relates to the accident in question. This request includes, but is not limited to CAN Bus or similar information, from any body shop, repair shop, dealer or any other person or entity that inspected and/or repaired the vehicle you were operating at the time of the accident in question. Case No: CACE21009583 (21) 51. Please provide a copy of all notice letters to collateral sources pursuant to Florida Statute 768.76(6), along with the registered or certified mailing number and the signed certified green card or other proof of receipt by the collateral source. 52. Please provide a copy of all responsesto the notice letter(s) sent pursuant to Florida Statute 768.76(6) from the collateral sources. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the above and foregoing has been furnished via E-Mail on September 30, 2021 to Douglas E. Ede, Esq., Rumberger, Kirk, & Caldwell, P.A., Attorney for Defendant, Lyft, Inc., dede@rumberger.com; (305) 358-5577/(305) 371-7580 (F), George L. Fernandez, Esq, Quintairos Prieto Wood & Boyer P.A., Attorney for Defendants, Francisco Gabriel Vadillo and David Vadillo, bfetokakis- (305) 670-1101/(305) 670- 1101 (F), Bruce F. Silver, Esq., Silver & Silver, P.A., Attorney for Counter Plaintiff, Francisco Gabriel Vadillo, (561) 488-3344/(561) 488-5899 (F) and Jon A. Zepnick, Esquire, Ansel & Miller, L.L.C., Attorney for Plaintiff, Heather Grant, Law Offices of Michael W. Carroll Attorneys for Counter-Defendant 3230 West Commercial Blvd., Suite 400 Fort Lauderdale, FL 33309 (561) 402-8092 (Asst.)/(954) 903-6551 (Direct) Fax: (866) 841-8921 SERVICE DESIGNATIONS: Primary Secondary: Af7 By- LISA B. SILVERMAN, ESQUIRE Florida Bar No. 68784 "Salaried EmployeesofProgressive Casualty Imurance Company"