On December 16, 2016 a
Party Notice
was filed
involving a dispute between
Wanamaker, Mary,
and
Weiss, Betty L,
for Auto Negligence
in the District Court of Collier County.
Preview
Filing # 56796427 E-Filed 05/23/2017 11:55:23 AM
IN THE CIRCUIT COURT FOR THE 20TH
JUDICIAL CIRCUIT, IN AND FOR COLLIER
COUNTY, FLORIDA
MARY WANAMAKER, CASE NO.: 2016-CA-002265-0001-XX
Plaintiff
vs.
BETTY L. WEISS,
Defendant
/
PLAINTIFF’S OBJECTION TO DEFENDANT’S
REQUEST FOR RULE 1.360 PHYSICAL EXAMINATION
Plaintiff, by and through undersigned counsel, asserts the following objections to
Defendant’s Request For Rule 1.360 Physical Examination.
1. Plaintiff will have two additional people attending the examination. One attendee
will be a videographer. The second attendee will be Plaintiff’s son, Steve Wanamaker or another
family member or friend who is available to transport her and provide moral support. Neither
person will interfere with the examination.
2. Plaintiff objects to being required to produce any medical records or diagnostic
results at the medical examination. Plaintiff already signed medical releases. The Defendant can
provide those records to the examining doctor.
3. Plaintiff objects to any invasive, embarrassing or painful examination or testing.
Plaintiff objects to any request for Plaintiff to disrobe for the examination. Plaintiff objects to
any x-rays, CT, MRI or other radiology testing.
4. Plaintiff objects to completing any forms or documents at the examination.
5. Plaintiff objects to the doctor, nurse or any other person asking questions relating
1
FILED: COLLIER COUNTY, DWIGHT E. BROCK, CLERK, 05/23/2017 03:04:15 PMto the cause of the accident, any liability issues or any issue or matter unrelated to Plaintiff's
medical condition or injuries asserted in this case.
6. Plaintiff objects to being compelled to attend this examination because it requires
her to drive over 43 miles round trip. Plaintiff is 86 years old. Because of her injuries from the
subject accident, Plaintiff is unable to drive that distance and will require someone to drive her.
(Plaintiff proposes Defendant submit a check, 30 days prior to the exam, for the standard IRS
mileage reimbursement rate ($0.535) times the round trip mileage (43 miles) for a total of
$23.00).
Respectfully submitted,
/s/Daniel R. Mordarski
Daniel R. Mordarski, Esquire
Admitted Pro Hac Vice
Ohio Bar No. 0063228
and
Jay Calvert Cooper, Esquire, FL Bar No. 599832
Law Office of Jay Calvert Cooper, P.A.
P. O. Box 2649
Fort Myers, Florida 33902 Telephone:
239-931-9995
Email: jaycooperlaw@gmail.com
Attorneys for Plaintiff
Mary WanamakerCERTIFICATE OF SERVICE
The undersigned hereby certifies that on May 23, 2017, a true and accurate copy of the
foregoing Plaintiff's Objection To Defendant’s Request For Rule 1.360 Physical Examination was
sent via email on this 23 day of May, 2017 to:
Monica Burbelo Lally, Esq.
Florida Bar No.: 105772
Law Offices of Sanabria, Llorente, Marsh & Associates
1000 NW 57" Court, Suite 850
Miami, Florida 33126
miamilegal@farmersinsurance.com
Attorney for Defendant
Jay Calvert Cooper, Esquire
Florida Bar No. 599832
Case Filing Date
December 16, 2016
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
Filing # 56796427 E-Filed 05/23/2017 11:55:23 AM IN THE CIRCUIT COURT FOR THE 20TH JUDICIAL CIRCUIT, IN AND FOR COLLIER COUNTY, FLORIDA MARY WANAMAKER, CASE NO.: 2016-CA-002265-0001-XX Plaintiff vs. BETTY L. WEISS, Defendant / PLAINTIFF’S OBJECTION TO DEFENDANT’S REQUEST FOR RULE 1.360 PHYSICAL EXAMINATION Plaintiff, by and through undersigned counsel, asserts the following objections to Defendant’s Request For Rule 1.360 Physical Examination. 1. Plaintiff will have two additional people attending the examination. One attendee will be a videographer. The second attendee will be Plaintiff’s son, Steve Wanamaker or another family member or friend who is available to transport her and provide moral support. Neither person will interfere with the examination. 2. Plaintiff objects to being required to produce any medical records or diagnostic results at the medical examination. Plaintiff already signed medical releases. The Defendant can provide those records to the examining doctor. 3. Plaintiff objects to any invasive, embarrassing or painful examination or testing. Plaintiff objects to any request for Plaintiff to disrobe for the examination. Plaintiff objects to any x-rays, CT, MRI or other radiology testing. 4. Plaintiff objects to completing any forms or documents at the examination. 5. Plaintiff objects to the doctor, nurse or any other person asking questions relating 1 FILED: COLLIER COUNTY, DWIGHT E. BROCK, CLERK, 05/23/2017 03:04:15 PMto the cause of the accident, any liability issues or any issue or matter unrelated to Plaintiff's medical condition or injuries asserted in this case. 6. Plaintiff objects to being compelled to attend this examination because it requires her to drive over 43 miles round trip. Plaintiff is 86 years old. Because of her injuries from the subject accident, Plaintiff is unable to drive that distance and will require someone to drive her. (Plaintiff proposes Defendant submit a check, 30 days prior to the exam, for the standard IRS mileage reimbursement rate ($0.535) times the round trip mileage (43 miles) for a total of $23.00). Respectfully submitted, /s/Daniel R. Mordarski Daniel R. Mordarski, Esquire Admitted Pro Hac Vice Ohio Bar No. 0063228 and Jay Calvert Cooper, Esquire, FL Bar No. 599832 Law Office of Jay Calvert Cooper, P.A. P. O. Box 2649 Fort Myers, Florida 33902 Telephone: 239-931-9995 Email: jaycooperlaw@gmail.com Attorneys for Plaintiff Mary WanamakerCERTIFICATE OF SERVICE The undersigned hereby certifies that on May 23, 2017, a true and accurate copy of the foregoing Plaintiff's Objection To Defendant’s Request For Rule 1.360 Physical Examination was sent via email on this 23 day of May, 2017 to: Monica Burbelo Lally, Esq. Florida Bar No.: 105772 Law Offices of Sanabria, Llorente, Marsh & Associates 1000 NW 57" Court, Suite 850 Miami, Florida 33126 miamilegal@farmersinsurance.com Attorney for Defendant Jay Calvert Cooper, Esquire Florida Bar No. 599832