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Filing # 119110173 E-Filed 01/05/2021 06:11:46 PM
IN THE CIRCUIT COURT OF THE 11th
JUDICIAL CIRCUIT IN AND FOR
MIAMI-DADE COUNTY, FLORIDA
LAMAR MITCHELL, CASE NO.: 2019-008931-CA-01
Plaintiff,
vs.
MIAMI-DADE COUNTY and GINLEY
LAWN SERVICE & LANDSCAPING,
INC., a Florida For Profit Corporation,
Defendants.
DEFENDANT, GINLEY LAWN SERVICE & LANDSCAPING, INC.’S
EXHIBIT LIST
Defendant, Ginley Lawn Service & Landscaping, Inc., (“Ginley” or
“Defendant”), by and through its undersigned counsel and in accordance with
Circuit Court Judge Alan Fine’s order setting deadline for submission of jury trial
readiness certification form, dated December 15, 2020, hereby discloses their Exhibit
List, as follows:
Exhibit No.: Document Name/Description
1. Any and all photographs and videos of the subject area, subject property,
and not objected to by any party.
2. Any and all photographs and videos exchanged by any party, in this
matter, through discovery of the Plaintiff, the subject area, subject
property, etc., and not objected to by any party.
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150 SOUTHEAST SECOND AVENUE, SUITE 1200 · MIAMI, FLORIDA 33131 · TELEPHONE: 305-379-3686 · FACSIMILE: 305-379-3690
CASE NO.: 2019-008931-CA-01
3. Any and all documents and materials that Defendant, Ginley Lawn
Service & Landscaping, Inc., furnished in response to any and all parties
discovery requests, in this matter, and not objected to by any party.
4. Any and all documents and materials that Defendant, Miami-Dade
County, furnished in response to any and all parties discovery requests,
in this matter, and not objected to by any party.
5. Any and all invoices, work orders, receipts in connection to the
maintenance of the subject area pertaining to Defendant, Ginley Lawn
Service & Landscaping, Inc., in this matter, and not objected to by any
party.
6. Any and all invoices, work orders, receipts in connection to the
maintenance of the subject area pertaining to Defendant, Miami-Dade
County., in this matter, and not objected to by any party.
7. Any and all agreements, contracts, subcontracts, leases, etc. between
Defendant, Ginley Lawn Service & Landscaping, Inc., Defendant, Miami-
Dade County, and Plaintiff Lamar Mitchell, in this matter, and not
objected to by any party.
8. Any and all records pertaining to Plaintiff, Lamar Mitchell, and not
objected to by any party, including but not limited to the following
providers and/or facilities:
- Miami-Dade County
- Miami-Dade Fire Rescue
- Miami-Dade County Fire Rescue
- Homestead Hospital
- Thomas C. Woltanski, D.O.
- Florida Wellness & Rehab Center Of Homestead
- Amaro M. Exposito, DC
- Murugesan Manoharan, MD
- Florida Pain Treatment Center Inc.
- Mount Sinai Medical Center Urology
- Upright Open MRI LLC
- CEDA Orthopedic Group
- Lawrence Alexander, MD
- CEDA Ortho & Int. Medicine Of Hialea
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CASE NO.: 2019-008931-CA-01
- Anesthesia Professional Services, Inc.
- Associates MD
- Miami Surgical Center
- MD Transport
- Julian Naranjo, MD
- Mount Sinai Medical Center
- South Miami Hospital
- Avelino Pinon, MD
- University of Miami Hospital
- Carlos A. Conrado, MD
- Catalina Granada Solis, M.D.
- Gustavo Adolfo Granada, M.D.
- Coventry Summit, MC
- Dr. Lawrence M. Alexander, MD
- Alexander Bone & Spine Institute
- Lawrence Alexander, MD
- Miami Surgical Center
- Associates MD Medical Group
- Dr. Steven Cimerberg, DO
- Dr. Alan M. Nieder, MD
- Heath Sun Health Insurance
- South Florida Eye Care Center
- Gerald D Furnari, OD
- Robert L Lofton, OD
- Coastal Health Group – Kendall
9. Any and all records obtained through subpoenas pursuant to all of
Defendant, Ginley Lawn Service & Landscaping, Inc.’s notices to
produce from non-party and/or notices of intention to serve subpoenas
under Rule 1.351 of the Florida Rules of Civil Procedure, in this matter,
and not objected to by any party, including but not limited to:
- Miami-Dade County
- Miami-Dade Fire Rescue
- Miami-Dade County Fire Rescue
- Homestead Hospital
- Thomas C. Woltanski, D.O.
- Florida Wellness & Rehab Center Of Homestead
- Amaro M. Exposito, DC
- Murugesan Manoharan, MD
- Florida Pain Treatment Center Inc.
- Mount Sinai Medical Center Urology
- Upright Open MRI LLC
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150 SOUTHEAST SECOND AVENUE, SUITE 1200 · MIAMI, FLORIDA 33131 · TELEPHONE: 305-379-3686 · FACSIMILE: 305-379-3690
CASE NO.: 2019-008931-CA-01
- CEDA Orthopedic Group
- Lawrence Alexander, MD
- CEDA Ortho & Int. Medicine Of Hialea
- Anesthesia Professional Services, Inc.
- Associates MD
- Miami Surgical Center
- MD Transport
- Julian Naranjo, MD
- Mount Sinai Medical Center
- South Miami Hospital
- Avelino Pinon, MD
- University of Miami Hospital
- Carlos A. Conrado, MD
- Catalina Granada Solis, M.D.
- Gustavo Adolfo Granada, M.D.
- Coventry Summit, MC
- Dr. Lawrence M. Alexander, MD
- Alexander Bone & Spine Institute
- Lawrence Alexander, MD
- Miami Surgical Center
- Associates MD Medical Group
- Dr. Steven Cimerberg, DO
- Dr. Alan M. Nieder, MD
- Heath Sun Health Insurance
- South Florida Eye Care Center
- Gerald D Furnari, OD
- Robert L Lofton, OD
- Coastal Health Group – Kendall
10. Any and all records obtained through subpoenas pursuant to all of
Plaintiff, Lamar Mitchell’s notices to produce from non-party and/or
notices of intention to serve subpoenas under Rule 1.351 of the Florida
Rules of Civil Procedure, in this matter, and not objected to by any party.
11. Any and all records obtained through subpoenas pursuant to all of
Defendant Miami-Dade County’s notices to produce from non-party
and/or notices of intention to serve subpoenas under Rule 1.351 of the
Florida Rules of Civil Procedure, in this matter, and not objected to by
any party.
12. Any and all records obtained through all of Defendant, Ginley Lawn
Service & Landscaping, Inc.’s request for copies pursuant to Rule 1.351
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150 SOUTHEAST SECOND AVENUE, SUITE 1200 · MIAMI, FLORIDA 33131 · TELEPHONE: 305-379-3686 · FACSIMILE: 305-379-3690
CASE NO.: 2019-008931-CA-01
of the Florida Rules of Civil Procedure, in this matter, and not objected to
by any party.
13. Any and all records obtained through all of Defendant, Miami-Dade
County’s request for copies pursuant to Rule 1.351 of the Florida Rules of
Civil Procedure, in this matter, and not objected to by any party.
14. Any and all records obtained through all Plaintiff Lamar Mitchell’s
request for copies pursuant to Rule 1.351 of the Florida Rules of Civil
Procedure, in this matter, and not objected to by any party.
15. Any and all documents and materials produced by third-party and/or
non-parties witnesses, in this matter, and not objected to by any party.
16. Any and all deposition transcripts with all of their corresponding marked
and attached exhibits, taken in this matter, and not objected to by any
party in this matter, including but not limited to:
- Lamar Mitchell
- Alfredo Rivero
- Virgil De Arce Parks
- Yusniel Sardinas Hernandez
- Rolando Pujadas
- Barry Smerling
- Oscar Rodriguez Simon
- Hector Perdomo Penate
- Ginley Sardinas
- Maykel Santana Hernandez
17. Excerpts of deposition transcripts and/or videotapes of depositions not
yet taken and not objected by any party in this matter, including but not
limited to:
- Plaintiff’s Expert(s)
- Defendant, Ginley Lawn Service & Landscaping, Inc.’s
Expert(s)
- Defendant, Miami-Dade County’s Expert(s)
- Non-party Witness(es)
18. Complete Expert file(s) related to this matter, used by any and all
parties in this matter, and not objected to by any party in this matter,
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CASE NO.: 2019-008931-CA-01
including but not limited to:
- Curriculum Vitae.
- Report(s) and all materials and/or documents referenced
therein.
- Materials considered in forming opinions, including medical
records and all other materials relied upon.
- Any and all records/document of Plaintiff relied upon by
expert(s) in forming its opinions, including but not limited to
any and all medical records of Plaintiff prior to incident
reflecting pre-existing conditions, and any and all Plaintiff’s
medical records (including but not limited to MRI and x-ray
images and demonstratives or illustrations thereof) not
objected to by any party in this matter.
19. Plaintiff’s Amended Complaint, dated November 4, 2019
20. Any and all responsive pleadings relating to Plaintiff’s Amended
Complaint, dated November 4, 2109 that was furnished by any and all
parties in this matter, and not objected to by any party in this matter.
21. All of Defendant, Ginley Lawn Service & Landscaping, Inc.’s propounded
discovery on all parties in this matter, including but not limited to
interrogatories, request for admissions, request for productions, etc., and
not objected to by any party in this matter.
22. All of Defendant, Miami-Dade County’s propounded discovery on all
parties in this matter, including but not limited to interrogatories, request
for admissions, request for productions, etc., and not objected to by any
party in this matter.
23. All of Plaintiff Lamar Mitchell’s propounded discovery on all parties in this
matter, including but not limited to interrogatories, request for admissions,
request for productions, etc., and not objected to by any party in this
matter.
24. All of Plaintiff Lamar Mitchell’s responses to interrogatories, request for
admissions, requests for productions, and documents produced, and not
objected to by any party in this matter.
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150 SOUTHEAST SECOND AVENUE, SUITE 1200 · MIAMI, FLORIDA 33131 · TELEPHONE: 305-379-3686 · FACSIMILE: 305-379-3690
CASE NO.: 2019-008931-CA-01
25. All of Defendant, Ginley Lawn Service & Landscaping, Inc.’s responses to
interrogatories, request for admissions, requests for productions, and
documents produced, and not objected to by any party in this matter.
26. All of Defendant, Miami-Dade County’s responses to interrogatories,
request for admissions, requests for productions, and documents produced,
and not objected to by any party in this matter
27. All documents produced by any party in response to discovery requests,
and not objected to by any party in this matter.
28. All exhibits in support of Defendant, Ginley Lawn Service & Landscaping,
Inc.’s motion for summary judgment, responses and/or oppositions to
Defendant, Ginley Lawn Service & Landscaping, Inc.’s motion for
summary judgment, and Defendant, Ginley Lawn Service & Landscaping,
Inc.’s corresponding replies, including, but not limited to, any and all
affidavits or affirmations.
29. All exhibits in support of Defendant, Miami-Dade County’s motion for
summary judgment, responses and/or oppositions to Defendant, Miami-
Dade County’s motion for summary judgment, and Defendant, Miami-
Dade County’s corresponding replies, including, but not limited to, any and
all affidavits or affirmations.
30. All exhibits in support of Plaintiff Lamar Mitchell’s motion for summary
judgment, responses and/or oppositions to Plaintiff Lamar Mitchell’s
motion for summary judgment, and Plaintiff Lamar Mitchell’s
corresponding replies, including, but not limited to, any and all affidavits
or affirmations.
31. The Parties’ demonstrative exhibits from any and all reports, and
documentation supporting any reports or opinions of experts made by the
parties, and not objected to by any party in this matter.
32. Blowups of any documents, materials, and photographs to be used as
demonstrative aids, not objected to by any party in this matter.
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150 SOUTHEAST SECOND AVENUE, SUITE 1200 · MIAMI, FLORIDA 33131 · TELEPHONE: 305-379-3686 · FACSIMILE: 305-379-3690
CASE NO.: 2019-008931-CA-01
33. All exhibits listed by Plaintiff Lamar Mitchell and not objected to by any
party in this matter.
34. All exhibits listed by Defendant, Miami-Dade County and not objected to
by any party in this matter.
35. Any and all reports, charts, diagrams, materials and documentation
supporting any reports or opinions of experts named by the parties, and
not objected to by any party in this matter.
36. Plaintiff Lamar Mitchell’s pre-incident Medical Records indicating his past
medical history and prior treatment to face and head, and any other areas
Plaintiff alleges injury, and not object to by any party in this matter.
37. All MRIs, CT Scans, X-rays, films and other diagnostic tests, medical
reports and medical records of Plaintiff Lamar Mitchell, not objected to by
any party.
38. Applicable laws and regulations pertaining to the referenced cause not
objected to by any party in this matter.
39. Photographs, diagrams, charts, graphs, illustrations, videos, animations
and samples and any other reproductions of the Plaintiff Lamar Mitchell’s
medical condition post-incident and not objected to by any party in this
matter.
40. Medical illustrations, video, computer animations of medical illustrations
and procedures not objected to by any party in this matter.
41. Any and all anatomical models of the body, as necessary to describe,
explain and/or illustrate testimony regarding Plaintiff Lamar Mitchell’s
alleged injuries, not objected to by any party in this matter.
42. Any and all of Plaintiff Lamar Mitchell’s employment records or other
documentation reflecting income and/or job duties before and after the
subject incident, and not objected to by any party in this matter.
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150 SOUTHEAST SECOND AVENUE, SUITE 1200 · MIAMI, FLORIDA 33131 · TELEPHONE: 305-379-3686 · FACSIMILE: 305-379-3690
CASE NO.: 2019-008931-CA-01
43. Photographs, diagrams, charts, graphs, illustrations, videos, animations
and samples and any other reproductions of the Plaintiff Lamar Mitchell’s
medical condition pre-incident which are not objected to by any party in
this matter.
44. Demonstrative video(s)/animation(s) of the manner by which Plaintiff
Lamar Mitchell’s incident occurred, and not objected to by any party in this
matter.
45. Any and all correspondence with Plaintiff Lamar Mitchell not objected to
by any party in this matter.
46. Any and all of Plaintiff Lamar Mitchell’s tax records not objected to by any
party in this matter.
47. Files of Plaintiff Lamar Mitchell’s experts, including but not limited to all
MRIs, CT Scans, X-rays, films and other diagnostic tests, medical reports
and medical records of Plaintiff Lamar Mitchell, and not objected to by any
party in this matter.
48. Files of Defendant, Miami-Dade County’s experts, including but not
limited to all MRIs, CT Scans, X-rays, films and other diagnostic tests,
medical reports and medical records of Plaintiff Lamar Mitchell, and not
objected to by any party in this matter.
49. All Photographs of Plaintiff Lamar Mitchell not objected to by any party in
this matter.
50. Any and all proof of medical bill write-offs pertaining to Plaintiff Lamar
Mitchell, not objected to by any party in this matter.
51. Any and all proof of third party collateral source payments pertaining to
Plaintiff Lamar Mitchell, not objected to by any party in this matter.
52. Any and all correspondence, including but not limited to letters, e-mails,
etc. of Protection pertaining to Plaintiff Lamar Mitchell, not objected to
by any party in this matter.
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150 SOUTHEAST SECOND AVENUE, SUITE 1200 · MIAMI, FLORIDA 33131 · TELEPHONE: 305-379-3686 · FACSIMILE: 305-379-3690
CASE NO.: 2019-008931-CA-01
53. Any and all impeachment exhibits.
54. Any and all rebuttal exhibits.
Defendant, Ginley Lawn Service & Landscaping, Inc., hereby reserves the
right to revise, amend, and/or supplement their Exhibit List, as further discovery,
investigation, and trial preparation is ongoing.
Date: January 5, 2021
Respectfully submitted,
/s/ Niva M. Harney-Hiller
Niva M. Harney-Hiller, Esq.
Florida Bar No. 31058
nharney@hamiltonmillerlaw.com
Reeba Hartley-Belle, Esq.
Florida Bar No.: 117036
rhartleybelle@hamiltonmillerlaw.com
HAMILTON, MILLER & BIRTHISEL, LLP
150 Southeast Second Avenue, Suite 1200
Miami, Florida 33131
Telephone: (305) 379-3686
Facsimile: (305) 379-3690
Counsel for Defendant, Ginley Lawn Service &
Landscaping, Inc.
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CASE NO.: 2019-008931-CA-01
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on January 5, 2021 the foregoing document is
being filed with the Clerk of Court using the E-filing Portal and served on all
counsel of record or pro se parties identified on the below Service List either via
transmission of Notices of Electronic Filing generated by the E-filing Portal or in
some other authorized manner for those counsel or parties who are not authorized
to receive electronically via the E-filing Portal.
/s/ Niva M. Harney-Hiller
Niva M. Harney-Hiller, Esq.
SERVICE LIST
Andres Hermida, Esq. Daniel Frastai, Esq.
Florida Bar No.: 1010725 Florida Bar No.: 0666041
MORGAN & MORGAN, P.A. ABIGAIL PRICE-WILLIAMS
703 Waterford Way, Suite 1050 Stephen P. Clark Center
Miami, Florida 33126 111 Northwest First Street,
Telephone: (305) 929-1912 Suite 2810
Facsimile: (305) 929-1930 Miami, Florida 33128-1993
AHermida@forthepeople.com Telephone: (305) 375-5480
JJaime@forthepeople.com Facsimile: (305) 375-5634
Frastai@miamidade.gov
Counsel for Plaintiff, Lamar Mitchell jeane.neal@miamidade.gov
Counsel for Defendant, Miami-
Dade County
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Preview
Filing # 119110173 E-Filed 01/05/2021 06:11:46 PM IN THE CIRCUIT COURT OF THE 11th JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA LAMAR MITCHELL, CASE NO.: 2019-008931-CA-01 Plaintiff, vs. MIAMI-DADE COUNTY and GINLEY LAWN SERVICE & LANDSCAPING, INC., a Florida For Profit Corporation, Defendants. DEFENDANT, GINLEY LAWN SERVICE & LANDSCAPING, INC.’S EXHIBIT LIST Defendant, Ginley Lawn Service & Landscaping, Inc., (“Ginley” or “Defendant”), by and through its undersigned counsel and in accordance with Circuit Court Judge Alan Fine’s order setting deadline for submission of jury trial readiness certification form, dated December 15, 2020, hereby discloses their Exhibit List, as follows: Exhibit No.: Document Name/Description 1. Any and all photographs and videos of the subject area, subject property, and not objected to by any party. 2. Any and all photographs and videos exchanged by any party, in this matter, through discovery of the Plaintiff, the subject area, subject property, etc., and not objected to by any party. 1 150 SOUTHEAST SECOND AVENUE, SUITE 1200 · MIAMI, FLORIDA 33131 · TELEPHONE: 305-379-3686 · FACSIMILE: 305-379-3690 CASE NO.: 2019-008931-CA-01 3. Any and all documents and materials that Defendant, Ginley Lawn Service & Landscaping, Inc., furnished in response to any and all parties discovery requests, in this matter, and not objected to by any party. 4. Any and all documents and materials that Defendant, Miami-Dade County, furnished in response to any and all parties discovery requests, in this matter, and not objected to by any party. 5. Any and all invoices, work orders, receipts in connection to the maintenance of the subject area pertaining to Defendant, Ginley Lawn Service & Landscaping, Inc., in this matter, and not objected to by any party. 6. Any and all invoices, work orders, receipts in connection to the maintenance of the subject area pertaining to Defendant, Miami-Dade County., in this matter, and not objected to by any party. 7. Any and all agreements, contracts, subcontracts, leases, etc. between Defendant, Ginley Lawn Service & Landscaping, Inc., Defendant, Miami- Dade County, and Plaintiff Lamar Mitchell, in this matter, and not objected to by any party. 8. Any and all records pertaining to Plaintiff, Lamar Mitchell, and not objected to by any party, including but not limited to the following providers and/or facilities: - Miami-Dade County - Miami-Dade Fire Rescue - Miami-Dade County Fire Rescue - Homestead Hospital - Thomas C. Woltanski, D.O. - Florida Wellness & Rehab Center Of Homestead - Amaro M. Exposito, DC - Murugesan Manoharan, MD - Florida Pain Treatment Center Inc. - Mount Sinai Medical Center Urology - Upright Open MRI LLC - CEDA Orthopedic Group - Lawrence Alexander, MD - CEDA Ortho & Int. Medicine Of Hialea 2 150 SOUTHEAST SECOND AVENUE, SUITE 1200 · MIAMI, FLORIDA 33131 · TELEPHONE: 305-379-3686 · FACSIMILE: 305-379-3690 CASE NO.: 2019-008931-CA-01 - Anesthesia Professional Services, Inc. - Associates MD - Miami Surgical Center - MD Transport - Julian Naranjo, MD - Mount Sinai Medical Center - South Miami Hospital - Avelino Pinon, MD - University of Miami Hospital - Carlos A. Conrado, MD - Catalina Granada Solis, M.D. - Gustavo Adolfo Granada, M.D. - Coventry Summit, MC - Dr. Lawrence M. Alexander, MD - Alexander Bone & Spine Institute - Lawrence Alexander, MD - Miami Surgical Center - Associates MD Medical Group - Dr. Steven Cimerberg, DO - Dr. Alan M. Nieder, MD - Heath Sun Health Insurance - South Florida Eye Care Center - Gerald D Furnari, OD - Robert L Lofton, OD - Coastal Health Group – Kendall 9. Any and all records obtained through subpoenas pursuant to all of Defendant, Ginley Lawn Service & Landscaping, Inc.’s notices to produce from non-party and/or notices of intention to serve subpoenas under Rule 1.351 of the Florida Rules of Civil Procedure, in this matter, and not objected to by any party, including but not limited to: - Miami-Dade County - Miami-Dade Fire Rescue - Miami-Dade County Fire Rescue - Homestead Hospital - Thomas C. Woltanski, D.O. - Florida Wellness & Rehab Center Of Homestead - Amaro M. Exposito, DC - Murugesan Manoharan, MD - Florida Pain Treatment Center Inc. - Mount Sinai Medical Center Urology - Upright Open MRI LLC 3 150 SOUTHEAST SECOND AVENUE, SUITE 1200 · MIAMI, FLORIDA 33131 · TELEPHONE: 305-379-3686 · FACSIMILE: 305-379-3690 CASE NO.: 2019-008931-CA-01 - CEDA Orthopedic Group - Lawrence Alexander, MD - CEDA Ortho & Int. Medicine Of Hialea - Anesthesia Professional Services, Inc. - Associates MD - Miami Surgical Center - MD Transport - Julian Naranjo, MD - Mount Sinai Medical Center - South Miami Hospital - Avelino Pinon, MD - University of Miami Hospital - Carlos A. Conrado, MD - Catalina Granada Solis, M.D. - Gustavo Adolfo Granada, M.D. - Coventry Summit, MC - Dr. Lawrence M. Alexander, MD - Alexander Bone & Spine Institute - Lawrence Alexander, MD - Miami Surgical Center - Associates MD Medical Group - Dr. Steven Cimerberg, DO - Dr. Alan M. Nieder, MD - Heath Sun Health Insurance - South Florida Eye Care Center - Gerald D Furnari, OD - Robert L Lofton, OD - Coastal Health Group – Kendall 10. Any and all records obtained through subpoenas pursuant to all of Plaintiff, Lamar Mitchell’s notices to produce from non-party and/or notices of intention to serve subpoenas under Rule 1.351 of the Florida Rules of Civil Procedure, in this matter, and not objected to by any party. 11. Any and all records obtained through subpoenas pursuant to all of Defendant Miami-Dade County’s notices to produce from non-party and/or notices of intention to serve subpoenas under Rule 1.351 of the Florida Rules of Civil Procedure, in this matter, and not objected to by any party. 12. Any and all records obtained through all of Defendant, Ginley Lawn Service & Landscaping, Inc.’s request for copies pursuant to Rule 1.351 4 150 SOUTHEAST SECOND AVENUE, SUITE 1200 · MIAMI, FLORIDA 33131 · TELEPHONE: 305-379-3686 · FACSIMILE: 305-379-3690 CASE NO.: 2019-008931-CA-01 of the Florida Rules of Civil Procedure, in this matter, and not objected to by any party. 13. Any and all records obtained through all of Defendant, Miami-Dade County’s request for copies pursuant to Rule 1.351 of the Florida Rules of Civil Procedure, in this matter, and not objected to by any party. 14. Any and all records obtained through all Plaintiff Lamar Mitchell’s request for copies pursuant to Rule 1.351 of the Florida Rules of Civil Procedure, in this matter, and not objected to by any party. 15. Any and all documents and materials produced by third-party and/or non-parties witnesses, in this matter, and not objected to by any party. 16. Any and all deposition transcripts with all of their corresponding marked and attached exhibits, taken in this matter, and not objected to by any party in this matter, including but not limited to: - Lamar Mitchell - Alfredo Rivero - Virgil De Arce Parks - Yusniel Sardinas Hernandez - Rolando Pujadas - Barry Smerling - Oscar Rodriguez Simon - Hector Perdomo Penate - Ginley Sardinas - Maykel Santana Hernandez 17. Excerpts of deposition transcripts and/or videotapes of depositions not yet taken and not objected by any party in this matter, including but not limited to: - Plaintiff’s Expert(s) - Defendant, Ginley Lawn Service & Landscaping, Inc.’s Expert(s) - Defendant, Miami-Dade County’s Expert(s) - Non-party Witness(es) 18. Complete Expert file(s) related to this matter, used by any and all parties in this matter, and not objected to by any party in this matter, 5 150 SOUTHEAST SECOND AVENUE, SUITE 1200 · MIAMI, FLORIDA 33131 · TELEPHONE: 305-379-3686 · FACSIMILE: 305-379-3690 CASE NO.: 2019-008931-CA-01 including but not limited to: - Curriculum Vitae. - Report(s) and all materials and/or documents referenced therein. - Materials considered in forming opinions, including medical records and all other materials relied upon. - Any and all records/document of Plaintiff relied upon by expert(s) in forming its opinions, including but not limited to any and all medical records of Plaintiff prior to incident reflecting pre-existing conditions, and any and all Plaintiff’s medical records (including but not limited to MRI and x-ray images and demonstratives or illustrations thereof) not objected to by any party in this matter. 19. Plaintiff’s Amended Complaint, dated November 4, 2019 20. Any and all responsive pleadings relating to Plaintiff’s Amended Complaint, dated November 4, 2109 that was furnished by any and all parties in this matter, and not objected to by any party in this matter. 21. All of Defendant, Ginley Lawn Service & Landscaping, Inc.’s propounded discovery on all parties in this matter, including but not limited to interrogatories, request for admissions, request for productions, etc., and not objected to by any party in this matter. 22. All of Defendant, Miami-Dade County’s propounded discovery on all parties in this matter, including but not limited to interrogatories, request for admissions, request for productions, etc., and not objected to by any party in this matter. 23. All of Plaintiff Lamar Mitchell’s propounded discovery on all parties in this matter, including but not limited to interrogatories, request for admissions, request for productions, etc., and not objected to by any party in this matter. 24. All of Plaintiff Lamar Mitchell’s responses to interrogatories, request for admissions, requests for productions, and documents produced, and not objected to by any party in this matter. 6 150 SOUTHEAST SECOND AVENUE, SUITE 1200 · MIAMI, FLORIDA 33131 · TELEPHONE: 305-379-3686 · FACSIMILE: 305-379-3690 CASE NO.: 2019-008931-CA-01 25. All of Defendant, Ginley Lawn Service & Landscaping, Inc.’s responses to interrogatories, request for admissions, requests for productions, and documents produced, and not objected to by any party in this matter. 26. All of Defendant, Miami-Dade County’s responses to interrogatories, request for admissions, requests for productions, and documents produced, and not objected to by any party in this matter 27. All documents produced by any party in response to discovery requests, and not objected to by any party in this matter. 28. All exhibits in support of Defendant, Ginley Lawn Service & Landscaping, Inc.’s motion for summary judgment, responses and/or oppositions to Defendant, Ginley Lawn Service & Landscaping, Inc.’s motion for summary judgment, and Defendant, Ginley Lawn Service & Landscaping, Inc.’s corresponding replies, including, but not limited to, any and all affidavits or affirmations. 29. All exhibits in support of Defendant, Miami-Dade County’s motion for summary judgment, responses and/or oppositions to Defendant, Miami- Dade County’s motion for summary judgment, and Defendant, Miami- Dade County’s corresponding replies, including, but not limited to, any and all affidavits or affirmations. 30. All exhibits in support of Plaintiff Lamar Mitchell’s motion for summary judgment, responses and/or oppositions to Plaintiff Lamar Mitchell’s motion for summary judgment, and Plaintiff Lamar Mitchell’s corresponding replies, including, but not limited to, any and all affidavits or affirmations. 31. The Parties’ demonstrative exhibits from any and all reports, and documentation supporting any reports or opinions of experts made by the parties, and not objected to by any party in this matter. 32. Blowups of any documents, materials, and photographs to be used as demonstrative aids, not objected to by any party in this matter. 7 150 SOUTHEAST SECOND AVENUE, SUITE 1200 · MIAMI, FLORIDA 33131 · TELEPHONE: 305-379-3686 · FACSIMILE: 305-379-3690 CASE NO.: 2019-008931-CA-01 33. All exhibits listed by Plaintiff Lamar Mitchell and not objected to by any party in this matter. 34. All exhibits listed by Defendant, Miami-Dade County and not objected to by any party in this matter. 35. Any and all reports, charts, diagrams, materials and documentation supporting any reports or opinions of experts named by the parties, and not objected to by any party in this matter. 36. Plaintiff Lamar Mitchell’s pre-incident Medical Records indicating his past medical history and prior treatment to face and head, and any other areas Plaintiff alleges injury, and not object to by any party in this matter. 37. All MRIs, CT Scans, X-rays, films and other diagnostic tests, medical reports and medical records of Plaintiff Lamar Mitchell, not objected to by any party. 38. Applicable laws and regulations pertaining to the referenced cause not objected to by any party in this matter. 39. Photographs, diagrams, charts, graphs, illustrations, videos, animations and samples and any other reproductions of the Plaintiff Lamar Mitchell’s medical condition post-incident and not objected to by any party in this matter. 40. Medical illustrations, video, computer animations of medical illustrations and procedures not objected to by any party in this matter. 41. Any and all anatomical models of the body, as necessary to describe, explain and/or illustrate testimony regarding Plaintiff Lamar Mitchell’s alleged injuries, not objected to by any party in this matter. 42. Any and all of Plaintiff Lamar Mitchell’s employment records or other documentation reflecting income and/or job duties before and after the subject incident, and not objected to by any party in this matter. 8 150 SOUTHEAST SECOND AVENUE, SUITE 1200 · MIAMI, FLORIDA 33131 · TELEPHONE: 305-379-3686 · FACSIMILE: 305-379-3690 CASE NO.: 2019-008931-CA-01 43. Photographs, diagrams, charts, graphs, illustrations, videos, animations and samples and any other reproductions of the Plaintiff Lamar Mitchell’s medical condition pre-incident which are not objected to by any party in this matter. 44. Demonstrative video(s)/animation(s) of the manner by which Plaintiff Lamar Mitchell’s incident occurred, and not objected to by any party in this matter. 45. Any and all correspondence with Plaintiff Lamar Mitchell not objected to by any party in this matter. 46. Any and all of Plaintiff Lamar Mitchell’s tax records not objected to by any party in this matter. 47. Files of Plaintiff Lamar Mitchell’s experts, including but not limited to all MRIs, CT Scans, X-rays, films and other diagnostic tests, medical reports and medical records of Plaintiff Lamar Mitchell, and not objected to by any party in this matter. 48. Files of Defendant, Miami-Dade County’s experts, including but not limited to all MRIs, CT Scans, X-rays, films and other diagnostic tests, medical reports and medical records of Plaintiff Lamar Mitchell, and not objected to by any party in this matter. 49. All Photographs of Plaintiff Lamar Mitchell not objected to by any party in this matter. 50. Any and all proof of medical bill write-offs pertaining to Plaintiff Lamar Mitchell, not objected to by any party in this matter. 51. Any and all proof of third party collateral source payments pertaining to Plaintiff Lamar Mitchell, not objected to by any party in this matter. 52. Any and all correspondence, including but not limited to letters, e-mails, etc. of Protection pertaining to Plaintiff Lamar Mitchell, not objected to by any party in this matter. 9 150 SOUTHEAST SECOND AVENUE, SUITE 1200 · MIAMI, FLORIDA 33131 · TELEPHONE: 305-379-3686 · FACSIMILE: 305-379-3690 CASE NO.: 2019-008931-CA-01 53. Any and all impeachment exhibits. 54. Any and all rebuttal exhibits. Defendant, Ginley Lawn Service & Landscaping, Inc., hereby reserves the right to revise, amend, and/or supplement their Exhibit List, as further discovery, investigation, and trial preparation is ongoing. Date: January 5, 2021 Respectfully submitted, /s/ Niva M. Harney-Hiller Niva M. Harney-Hiller, Esq. Florida Bar No. 31058 nharney@hamiltonmillerlaw.com Reeba Hartley-Belle, Esq. Florida Bar No.: 117036 rhartleybelle@hamiltonmillerlaw.com HAMILTON, MILLER & BIRTHISEL, LLP 150 Southeast Second Avenue, Suite 1200 Miami, Florida 33131 Telephone: (305) 379-3686 Facsimile: (305) 379-3690 Counsel for Defendant, Ginley Lawn Service & Landscaping, Inc. 10 150 SOUTHEAST SECOND AVENUE, SUITE 1200 · MIAMI, FLORIDA 33131 · TELEPHONE: 305-379-3686 · FACSIMILE: 305-379-3690 CASE NO.: 2019-008931-CA-01 CERTIFICATE OF SERVICE I HEREBY CERTIFY that on January 5, 2021 the foregoing document is being filed with the Clerk of Court using the E-filing Portal and served on all counsel of record or pro se parties identified on the below Service List either via transmission of Notices of Electronic Filing generated by the E-filing Portal or in some other authorized manner for those counsel or parties who are not authorized to receive electronically via the E-filing Portal. /s/ Niva M. Harney-Hiller Niva M. Harney-Hiller, Esq. SERVICE LIST Andres Hermida, Esq. Daniel Frastai, Esq. Florida Bar No.: 1010725 Florida Bar No.: 0666041 MORGAN & MORGAN, P.A. ABIGAIL PRICE-WILLIAMS 703 Waterford Way, Suite 1050 Stephen P. Clark Center Miami, Florida 33126 111 Northwest First Street, Telephone: (305) 929-1912 Suite 2810 Facsimile: (305) 929-1930 Miami, Florida 33128-1993 AHermida@forthepeople.com Telephone: (305) 375-5480 JJaime@forthepeople.com Facsimile: (305) 375-5634 Frastai@miamidade.gov Counsel for Plaintiff, Lamar Mitchell jeane.neal@miamidade.gov Counsel for Defendant, Miami- Dade County 11 150 SOUTHEAST SECOND AVENUE, SUITE 1200 · MIAMI, FLORIDA 33131 · TELEPHONE: 305-379-3686 · FACSIMILE: 305-379-3690