Preview
CPM-L-000223-17 03/06/2018 9:36:30 AM Pg 1 of 21 Trans ID: LCV2018405177
Julio Navarro, Esq. (ID# 022322012) — Attorney of Record
Robert S. Helwig, Esq. (ID# 019311985) — Filing Attorney
HOAGLAND, LONGO, MORAN, DUNST & DOUKAS, LLP
701 Wiltsey's Mill Road, Bldg. B, Suite 202
Hammonton, NJ 08037
(609) 561-2426
Attorneys for Defendant, New Jersey Manufacturers Insurance Company
Plaintiff, SUPERIOR COURT OF NEW JERSEY
ATLANTIC COUNTY-LAW DIVISION
SHERRY GANNON, DOCKET NO. CPM-L-223-17
VS. CIVIL ACTION
Defendants, ANSWER, SEPARATE DEFENSES,
CROSSCLAIMS, ANSWER TO ALL
PAUL NEW JERSEY
BREITINGER, CROSSCLAIMS, NOTICE OF
MANUFACTURERS INSURANCE COMPANY, ALLOCATION, REQUEST FOR
JOHN DOES, MARY DOES, ABC PRODUCTION OF DOCUMENTS,
PARTNERSHIPS and XYZ CORPORATIONS, REQUEST FOR ANSWERS TO
jointly, severally and in the alternative, INTERROGATORIES, DEMAND FOR
CERTIFICATION AS TO VERBAL
THRESHOLD, REQUEST FOR
ADMISSIONS, DESIGNATION OF TRIAL
COUNSEL AND JURY DEMAND
Defendant New Jersey Manufacturers Insurance Company, by way of Answer to Plaintiff's
Complaint, says:
This Defendant denies each and every allegation of the Complaint as they pertain to it and
leaves Plaintiff to her proofs.
WHEREFORE, Defendant New Jersey Manufacturers Insurance Company demands
judgment dismissing the Complaint together with costs and counsel fees.
FIRST SEPARATE DEFENSE
If Plaintiff suffered damages, the same were caused by Plaintiff's sole negligence.
SECOND SEPARATE DEFENSE
HOAGLAND, LONGO
MORAN, DUNST 2,
ATTORNEYS AT LAW If Plaintiff suffered damages, the same were caused by Plaintiff's contributory negligence.
NORTH ERSEY
40 PATERSON ST THIRD SEPARATE DEFENSE
POBOX 490
[NBA BRUNSIMICHC,NJ
If Plaintiff suffered damages, the same were caused by third persons over whom this
SOUTH JERSEY
7M WLTSEV'SMLL RD
SUITE 202
HAMHONTON,NJ
Defendant had no control.
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FOURTH SEPARATE DEFENSE
The incident which forms the basis of this litigation and which allegedly caused the injuries
and damages to Plaintiff was proximately caused or contributed to by the fault of third parties not
parties to this suit. The responsibility of this Defendant and the right of Plaintiff to recover in this
litigation can only be determined after the percentages of responsibility of all parties to this litigation
have been determined. Accordingly, this Defendant seeks an adjudication of the percentage of fault
of Plaintiff and each and every person whose fault contributed to this incident.
FIFTH SEPARATE DEFENSE
Plaintiffs Complaint fails to state a cause of action upon which relief can be granted.
SIXTH SEPARATE DEFENSE
Plaintiff's cause of action is barred by the applicable Statute of Limitations and/or Repose.
SEVENTH SEPARATE DEFENSE
This Defendant did not violate any duty owed to Plaintiff under common law, statute,
regulations or standards.
EIGHTH SEPARATE DEFENSE
The conduct of this Defendant was not negligent.
NINTH SEPARATE DEFENSE
The conduct of this Defendant was not the proximate cause of Plaintiff's alleged damages.
TENTH SEPARATE DEFENSE
At the time and place aforesaid, Plaintiff and/or Co-Defendant(s) were negligent, barring or|
limiting recovery in whole or in part, and this Defendant pleads the Comparative Negligence Statute
as to all parties.
HOAGLAND, LONGO
MORAN, DUNST& ELEVENTH SEPARATE DEFENSE
DOUKAS,LLP
ATTORNEYS ATLAW
The alleged damages complained of were due to unavoidable circumstances and causes
NORTH JERSEY
AD PATERSON ST
FO BOX 480 beyond the control or fault of this Defendant.
NEW BRUNSWICK,NU
‘SOUTH JERSEY
701 WLTSEY'S MILL RD.
‘SUITE 202
HANIMONTON,Nd
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TWELFTH SEPARATE DEFENSE
Plaintiffs Complaint is barred by reason of the New Jersey Automobile insurance Cost
Reduction Act (AICRA), L. 1998, c. 21 and c. 22 (effective March 22, 1999), N.J.S.A. 39:6A-1, et
S8q.
THIRTEENTH SEPARATE DEFENSE
Plaintiff's claim for liquidated monetary damages is barred or limited by the New Jersey
Automobile Reparation Reform Act, N.J.S.A. 39:6A-1, et seq.
FOURTEENTH SEPARATE DEFENSE
If Plaintiff suffered damages, the same were caused by Plaintiffs breach of N.J.S.A. 39:3-
76.2e-76.2k, in negligently failing to wear a seat belt.
FIFTEENTH SEPARATE DEFENSE
Plaintiffs Complaint is barred by reason of Plaintiffs failure to meet the verbal threshold
conditions of the applicable insurance policy.
SIXTEENTH SEPARATE DEFENSE
This Defendant has not violated the Consumer Fraud Act, N.J.S.A. 56:8-1, et seq.
SEVENTEENTH SEPARATE DEFENSE
This Defendant specifically denies being liable for treble damages and/or attorneys fees.
EIGHTEENTH SEPARATE DEFENSE
Plaintiff, because of the violation of the Consumer Fraud Act, is not permitted to sue in
quantum meruit.
NINETEENTH SEPARATE DEFENSE
This Defendant specifically denies engaging in unfair claim settlement practices.
HOAGLAND, LONGO
MORAN, DUNST & TWENTIETH SEPARATE DEFENSE
DOUKAS, LLP
ATTORNEYSAT LAW.
This Defendant has not violated N.J.S.A. 17B:30-13.1, sea.
et
‘NORTH JERSEY
40 PATERSONST
PO BOX 490. TWENTY-FIRST SEPARATE DEFENSE
NEW BRUNSHICK,Nd
‘SOUTH Plaintiff has violated the Consumer Fraud Act and, therefore, any recovery is barred.
701 WLTSEY'S MLL RD
SUTE 202
HAMMONTON,Nd
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TWENTY-SECOND SEPARATE DEFENSE
Plaintiff's claim for punitive damages is unconstitutional.
TWENTY-THIRD SEPARATE DEFENSE
Plaintiffs claim for punitive damages violates the right of this Defendant to protection for
"excessive fines" as provided in the Eighth Amendment of the United States Constitution and the
Constitution of the State of New Jersey and violates the right of this Defendant to substantive due
process as provided in the Fifth and Fourteenth Amendments of the United States Constitution and
the Constitution of the State of New Jersey. Therefore, Plaintiff's Complaint fails to state a cause of
action upon which relief can be granted.
TWENTY-FOURTH SEPARATE DEFENSE
Plaintiffs claim for punitive damages violates the rights of this Defendant to procedural due
process under the Fourteenth Amendment of the United States Constitution and the Constitution of
the State of New Jersey and, therefore, fails to state a cause of action upon which relief can be
granted.
TWENTY-FIFTH SEPARATE DEFENSE
This Defendant specifically denies being liable for punitive damages.
TWENTY-SIXTH SEPARATE DEFENSE
This Defendant specifically denies being liable for unfair claim settlement practices.
TWENTY-SEVENTH SEPARATE DEFENSE
This Defendant specifically denies being liable for Common Law Fraud.
TWENTY-EIGHTH SEPARATE DEFENSE
This Defendant denies the applicability of punitive damage theories under the fact of this
HOAGLAND, LONGO. litigation and, in any event, denies it is so liable under said theories.
MORAN, DUNST &
DOUKAS,LLP
ATTORNEYS AT LAW
TWENTY-NINTH SEPARATE DEFENSE
NORTH JERSEY
40 PATERSON ST
PO BOK 480 This Defendant denies the applicability of unfair claim settlement practices theories under the
NEW BRUNSIAGK, NE
SOUTH ERSEY facts of this litigation and, in any event, denies it is so liable under said theories.
70H WLTSEY'S MILL RD
SUTE 202
HAMMONTON, HU
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THIRTIETH SEPARATE DEFENSE
This Defendant denies the applicabilityof Common Law Fraud theories under the facts of this
litigation and, in any event, denies it is so liable under said theories.
THIRTY-FIRST SEPARATE DEFENSE
Punitive damages may not be awarded against this Defendant and are inappropriate and not
recoverable under the facts of this case and should be dismissed.
THIRTY-SECOND SEPARATE DEFENSE
Pursuant to N.J.S.A. 2A:15-5.13 this Defendant hereby demands a bifurcated trial as to the
issues of compensatory and punitive damages.
THIRTY-THIRD SEPARATE DEFENSE
Plaintiff's claim for punitive damages must be dismissed because Plaintiff cannot prove by
clear and convincing evidence that the acts or omissions of this Defendant were actuated by actual
malice or accompanied by a wanton and willful disregard of persons who foreseeably might be
harmed by those acts or omissions.
THIRTY-FOURTH SEPARATE DEFENSE
This Defendant pleads all the limitations and conditions as stated in the Punitive Damage Act,
2A:15-5.9, et seq.
THIRTY-FIFTH SEPARATE DEFENSE
There was insufficiency of process as to this Defendant.
THIRTY-SIXTH SEPARATE DEFENSE
There was insufficiency of service of process as to this Defendant.
THIRTY-SEVENTH SEPARATE DEFENSE
HOAGLAND, LONGO
MORAN, DUNST& The Court lacks jurisdiction over the person of this Defendant.
DOUKAS, LLP
ATTORNEYS ATLAW
THIRTY-EIGHTH SEPARATE DEFENSE
NORTH JERSEY
4UPATERSON ST
PO BOX 480 The Court lacks jurisdiction over the subject matter of this action.
NEW BRUNSYAICK, Nd
SOUTH JERSEY
701 WLTSEV'S MILL RD:
SUITE
HAMMONTON,NY
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THIRTY-NINTH SEPARATE DEFENSE
Venue of this action is improper and this Defendant reserves the right to move for transfer.
FORTIETH SEPARATE DEFENSE
This Defendant reserves the right to move fora dismissal of Plaintiff's Complaint pursuant to
Rules 4:4-4 and 4:37-2.
FORTY-FIRST SEPARATE DEFENSE
This Defendant contends that the amount of underinsured and/or uninsured coverage is
reflected in the policy and not any greater than that.
FORTY-SECOND SEPARATE DEFENSE
To the extent that Plaintiff is seeking uninsured/underinsured coverage, the Court has no
jurisdiction since that coverage is determined by contract between the parties.
FORTY-THIRD SEPARATE DEFENSE
This Defendant denies the applicability of claims of “Bad Faith" under the facts of this
litigation and, in any event, denies it is so liable under said theories.
FORTY-FOURTH SEPARATE DEFENSE
"Bad Faith" claims and/or claims for damages in excess of the applicable policy limits may
not be awarded against this Defendant and are inappropriate and are not recoverable under the
facts of this case and should be dismissed.
FORTY-FIFTH SEPARATE DEFENSE
This Defendant specifically denies being liable for "Bad Faith" claims.
FORTY-SIXTH SEPARATE DEFENSE
This Defendant has not violated N.J.S.A. 17:29B-1 et. seq.
HOAGLAND, LONGO
MORAN, DUNST & FORTY-SEVENTH SEPARATE DEFENSE
ATTORNEYS AT LAW
This Defendant has not violated N.J.A.C. 11:2-17.1, et. seq.
NORTH JERSEY
40 PATERSON ST
PO BOK 420
NEW BRUNSWICK,NI
‘SOUTH JERSEY
701 WILTSEV'S MEL RO
SUTE 202
HAMMONTON, Nd
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FORTY-EIGHTH SEPARATE DEFENSE
This Defendant denies the applicability of the Unfair Settlement Practices Act, N.J.A.C. 11:2-
17 et. seq. under the facts of this litigation and, in any event, denies it is so liable under said Act.
FORTY-NINTH SEPARATE DEFENSE
This Defendant denies the applicability of the N.J.S.A. 17:29B-1 et. seq. under the facts of,
this litigation and, in any event, denies it is so liable under said Statute.
CROSSCLAIMS
Defendant New Jersey Manufacturers Insurance Company, by way of Crossclaims against
Co-Defendant Paul Breitinger, says:
FIRST COUNT
1 Although Defendant New Jersey Manufacturers Insurance Company denies any
liability whatsoever, it nonetheless asserts that any and all injuries and damages sustained by
Plaintiff were the proximate result of the negligence of Co-Defendant Paul Breitinger and demands
contribution pursuant to the Joint Tortfeasors Contribution Act, N.J.S.A. 2A:53A-1, et seq., and the
Comparative Negligence Act of New Jersey from Co-Defendant Paul Breitinger for the proportionate
share of any and all sums that may be adjudged against this Defendant in this action.
WHEREFORE, Defendant New Jersey Manufacturers Insurance Company demands a
judgment of contribution from Co-Defendant Paul Breitinger together with interest, counsel fees,
costs of suit, and such other relief as this Court deems appropriate and equitable.
SECOND COUNT
1 Defendant New Jersey Manufacturers Insurance Company repeats and realleges
each and every allegation contained in the First Count as if the same were more fully set forth at
HOAGLAND, LONGO length herein and made a part hereof.
MORAN, DUNST &
DOUKAS, LLP
ATTORNEYS ATLAW.
2 Although Defendant New Jersey Manufacturers Insurance Company denies any
(NORTH JERSEY
40 PATERSON ST
PO BOX 480 liability whatsoever, it nonetheless asserts that any and all injuries and damages sustained by
NEW BRUNSWICK, Ni
‘SOUTH JERSEY Plaintiff were the proximate result of the negligence of Co-Defendant Paul Breitinger which
701 WALTSEY'S MILL RO
SUTE:
HAMMONTON, Ni
CPM-L-000223-17 03/06/2018 9:36:30 AM Pg 8 of 21 Trans ID: LCV2018405177
negligence was primary and active, and if this Defendant is found liable to Plaintiff with respect to
said injuries and damages, such liability resulted solely from secondary, imputed, vicarious or
passive negligence, and Co-Defendant aforesaid is liable to this Defendant, by way of common law
indemnification, for any and all sums which this Defendant may be required to pay in this action.
WHEREFORE, Defendant New Jersey Manufacturers Insurance Company demands
Judgment, by way of full indemnification, against Co-Defendant Paul Breitinger for any and all sums
which this Defendant may be required to pay in this action, together with interest, counsel fees, costs
of suit, and such other relief as this Court deems appropriate and equitable.
ANSWER TO ALL CROSSCLAIMS
Defendant New Jersey Manufacturers Insurance Company, by way of answer to any and all
Crossclaims, says:
This Defendant denies each and every allegation contained in Co-Defendant's Crossclaims
and, therefore, leaves Crossclaimants to their proofs.
NOTICE OF ALLOCATION
Pursuant to R. 4:7-5(c) and Young v. Latta, 123 N.J. 584 (1991), this Defendant hereby
advises that if any Co-Defendant settles the within matter prior to conclusion of trial, the liability of
any settling Co-Defendant shall remain an issue and this Defendant shall seek an allocation of
percentage of negligence by the finder of fact against such settling Co-Defendant and/or a credit in
favor of this Defendant consistent with such allocation.
REQUEST FOR PRODUCTION OF DOCUMENTS
PLEASE TAKE NOTICE that, pursuant to Rule 4:18-1, request is hereby made of Plaintiff by
this Defendant that you produce true, complete, and accurate copies of the following documents to
HOAGLAND, LONGO this office, within thirty-five (35) days of the date hereof.
MORAN, DUNST 8,
DOUMAS, LLP
ATTORNEYS AT LAW 4
A copy of the insurance declaration sheet in effect at the time of the within matter.
NORTH JERSEY
40 PATERSON ST
PO BOX #80 2 Copies of any and all photographs which Plaintiff may have regarding the within
NEW BRUNSYWCK,HU
‘SOUTH JERSEY matter.
701 WLTSEY'S MILL RD
‘SUTE 202
HANNONTON, NJ
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3 Copies of any and all expert reports.
4 A copy of the police report and/or municipal court and/or County, State or Federal
reports regarding this incident.
5. Copies of any and all repair bills.
6 Copies of any and all witness statements which Plaintiff may have regarding the
within matter.
7. Copies of any and all medical reports and/or bills which Plaintiff may have regarding
the within matter.
8. Copies of any and all prior discovery, including pleadings; motions; Orders; Answers
to Interrogatories; deposition transcripts; demand for documents; request for admissions; and
responses thereto exchanged between parties in this action, with attachments and/or amendments.
9. Provide executed medical authorizations permitting this Defendant to obtain all
medical records from all of Plaintiff's health care providers and physicians involved in this matter
including facilities where any diagnostic tests were performed.
10. Provide executed medical authorizations permitting this Defendant to obtain all
medical records from all of Plaintiff's health care providers and physicians including facilities where
any diagnostic tests were performed, for all prior and subsequent accidents including worker's
compensation claims.
11. Provide executed authorizations permitting this Defendant to obtain all prescription
records from all of Plaintiff's pharmacies within the past ten (10) years.
12. Provide executed medical authorizations permitting this Defendant to obtain all
medical records from alt of Plaintiff's family physicians.
HOAGLAND, LONGO. 13. If Plaintiff has received medical care for any medical condition not accident related
MORAN, DUNST &
DOUKAS, LLP
ATTORNEYS AT LAW
within the past ten (10) years, provide executed medical authorizations permitting this Defendant to
NORTH JERSEY
40 PATERSON ST
PO BOK 480 obtain all medical records from all of Plaintiffs health care providers and physicians regarding
NEW BRUNSWICK,MJ
‘SOUTH JERSEY Plaintiffs non-accident related condition.
701 WLISEY'S MLL RD
‘SUITE 202
HAMMONTON,NJ
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14. If a wage loss claim is being asserted by Plaintiff, provide executed wage loss
verification authorization permitting this Defendant to obtain records from Plaintiff's employer(s).
15. If Plaintiff has insurance coverage and/or PIP benefits under an applicable policy or
policies of automobile or medical insurance provide executed authorizations setting forth the name
and address of the insurance carrier, policy number, and named insured which will permit this
Defendant to obtain all medical/PIP information.
16. The applicable declarations of the automobile policy providing Plaintiff with PIP
medical expense coverage.
17. The PIP payout ledger demonstrating the bills submitted and processed for treatment
following the automobile accident at issue.
18. Plaintiff's health insurance card for the policy/plan in effect at the time of the accident
and/or at the present time.
19. The health insurance plan/contract to which Plaintiff was a member or party at the
time of the accident and/or at the present time, or which Plaintiff could have been a member of, as a
resident relative or otherwise, at the time of the accident and/or at the present time.
20. Any and all documents reflecting submission and/or processing of any medical
expenses occasioned by injuries or conditions which Plaintiff allege are accident-related by any
health insurer at any time, including but not limited to correspondence, other written
communications, explanations of benefits, ledgers, etc.
21. Any document created and/or maintained by any of Plaintiffs medical care providers
which in any way relate to the fair and reasonable value of services provided to Plaintiffs on account
of the automobile accident at issue.
HOAGLAND, LONGO: 22. Any document reflecting the amount that anyof Plaintiff's medical care providers have
MORAN, DUNST &
DOUKAS, LLP
ATTORNEYS AT LAW.
billed and that were paid, from any source, over the past five (5) years for any service reflected in
NORTH JERSEY
40 PATERSON ST
PO BOX 480 any unpaid medical bill, on a CPT by CPT code basis, for each and every CPT code billed for the
NEW BRUNSWICK, NY
SOUTH treatment of Plaintiff for any and all dates of service.
701 WLTSEY'S MLL RD
‘SUTE202
HAMMONTON, Ni
10
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23. Any document reflecting the methodology employed by any purported witness
regarding establishment of the fair and reasonable value of any unpaid medical expense service, on
a CPT by CPT code basis, for each and every CPT code billed for the treatment of Plaintiff for any
and all dates of service.
24, Any document supporting the methodology employed by any proposed witness
regarding establishment of the fair and reasonable value of any unpaid medical service, ona CPT by
CPT code basis, for each and every CPT code billed for the treatment of Plaintiff for any and all
dates of service.
25. Any document reflecting the facts or other data, including but not limited to the actual
cost of services, on which any proposed witness may rely in support of or as proof of the fair and
reasonable value of any unpaid medical expense, on a CPT by CPT code basis, for each and every
CPT code billed for the treatment of Plaintiff for any and all dates of service.
26. The report of any expert who will offer opinions about the fair and reasonable value of|
any unpaid medical service, including a resume or other detailed recitation of education, training and
experience giving rise to expertise in matters of the fair and reasonable value of the unpaid medical
services at issue in the case, the methodologies employed to establish his or her opinions, all facts
and data applied to such methodologies, and a detailed explanation of the process employed/results
obtained with respect to the unpaid medical services, on a CPT by CPT code basis, for each and
every CPT code billed for the treatment of Plaintiff for any and all dates of service.
27. All studies, texts, treatises, articles, databases, publications or other references that
any proposed witness may rely upon as substantive evidence or other support for, oras proof of, the
fair and reasonable value of any unpaid medical expense, on a CPT by CPT code basis, for each
HOAGLAND, LONGO. and every CPT code billed for the treatment of Plaintiff for any and all dates of service.
MORAN, DUNST 8.
DOUKAS, LLP
ATTORNEYS AT LAW
28. Any and all letters of protection provided by Plaintiff or anyone else (including
NORTH JERSEY
40 PATERSONST
Plaintiff's legal counsel) to any provider of any unpaid medical service (regardless of whether such
NEW BRUNSWICK, Nd
‘SOUTH JERSEY document reflects a compromise of the unpaid medical expenses).
701 WLISEY'S ML RD
SUTE 212
HAMMMONTON, Nd
11
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29. All other documents on which Plaintiff may rely in support of his or her claims
concerning the fair and reasonable value of any unpaid medical expense.
30. Actual HICFs and/or UB forms for all alleged unpaid bills containing the following:
date of service, CPT code, modifier, amount billed per CPT cade, provider TIN.
PLEASE TAKE NOTICE that, pursuant to Rule 4:18-1, request is hereby made of Co-
Defendant by this Defendant that you produce true, complete, and accurate copies of the following
documents to this office, within thirty-five (35) days of the date hereof.
1 A copy of the insurance declaration sheet in effect at the time of the within matter.
2. Copies of any and all photographs which Co-Defendant may have regarding the
within matter.
3 Copies of any and all expert reports.
4. A copy of the police report and/or municipal court and/or County, State or Federal
reports regarding this incident.
5. Copies of any and all repair bills.
6. Copies of any and all witness statements which Co-Defendant may have regarding
the within matter.
7. Copies of any and all medical reports and/or bills which Co-Defendant may have
regarding the within matter.
8. Copies of any and all prior discovery, including pleadings; motions; Orders; Answers
to Interrogatories; deposition transcripts; demand for documents; request for admissions; and
responses thereto exchanged between parties in this action, with attachments and/or amendments.
9. Provide executed medical authorizations permitting this Defendant to obtain all
HOAGLAND, LONGO medical records from all of Plaintiff's health care providers and physicians involved in this matter;
MORAN, DUNST &
DOUKAS, LLP
ATTORNEYS AT LAW
including facilities where any diagnostic tests were performed.
NORTH JERSEY
40 PATERSON ST
POBOK 480 10. Provide executed medical authorizations permitting this Defendant to obtain all
NEW BRUNSWICK,NJ
SOUTH JERSEY medical records from all of Plaintiff's health care providers and physicians including facilities where
TOI WLTSEY'S MLL RD
‘SUTE202
HANIMCRITON,NY
12
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any diagnostic tests were performed, for all prior and subsequent accidents including worker's
compensation claims.
11. Provide executed authorizations permitting this Defendant to obtain all prescription
records from all of Plaintiff's pharmacies within the past ten (10) years.
12. Provide executed medical authorizations permitting this Defendant to obtain all
medical records from all of Plaintiff's family physicians.
13. If Plaintiff has received medical care for any medical condition not accident related
within the past ten (10) years, provide executed medical authorizations permitting this Defendant to
obtain all medical records from all of Plaintiff's health care providers and physicians regarding
Plaintiff's non-accident related condition.
REQUEST FOR ANSWERS TO INTERROGATORIES
PLEASE TAKE NOTICE that a demand is made of Plaintiff Sherry Gannon to provide
answers to Form A Interrogatories and also to the enclosed Supplemental General and
Supplemental Medicare Interrogatories within the time prescribed by the Rules of Court.
PLEASE TAKE NOTICE that a demand is made of Co-Defendant Paul Breitinger to provide
answers to Form C and C(1) Interrogatories within the time prescribed by the Rules of Court.
DEMAND FOR CERTIFICATION AS TO VERBAL THRESHOLD
Pursuant to N.J.S.A. 39: ‘6A-8(a), this Defendant hereby demands that Plaintiff, within 60 days
following the date of this Answer, provide a certification from a licensed treating physician or from a
board-certified licensed physician to whom Plaintiff was referred by the treating physician stating,
based upon objective clinical evidence, that Plaintiff has sustained an injury described in this statute.
REQUEST FOR ADMISSIONS
HOAGLAND, LONGO TO: ATTORNEY FOR PLAINTIFF
MORAN, DUNST 8
DOUKAS,LLP
ATTORNEYS ATLAW
PLEASE TAKE NOTICE that the undersigned hereby request a response to the following
NORTH JERSEY
40 PATERSON ST
PO BOX 480. Request for Admission within thirty (30) days of the date hereof:
NEW BRUNSIVICK,NJ
‘SOUTH JERSEY
701 WLTSEY'S ML RD
‘SUTE 202
HAMSMONTON,MU
13
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1 Plaintiff Sherry Gannon was subject to the verbal threshold on March 19, 2014.
Admit Deny
2 Plaintiff Sherry Gannon is receiving PIP benefits as a result of the accident of March
19, 2014.
Admit Deny
3. Plaintiff Sherry Gannon maintained a minimum of at least $250,000.00 of PIP
coverage on March 19, 2014.
Admit Deny
4 Plaintiff's medical bills incurred as a result of the accident of March 19, 2014 have not
exceeded Plaintiffs’ available PIP coverage limits.
Admit Deny
DESIGNATION OF TRIAL COUNSEL
Pursuant to R. 4:25-4, be advised that Julio Navarro, Esq. (ID# 022322012) has been
designated as trial counsel on behalfof Defendant New Jersey Manufacturers Insurance Company
in the above-captioned matter.
JURY DEMAND
Defendant New Jersey Manufacturers Insurance Company hereby demands a trial by jury on
all issues.
CERTIFICATION OF COUNSEL
1 Pursuant to Rule 4:5-1, the undersigned hereby certifies that at the time of filing of this
pleading, the matter in controversy is not the subject of any other action pending in any Court and/or]
Arbitration proceeding.
HOAGLAND, LONGO 2 | certify that the within pleading was filed out of time with the consent of counsel for
MORAN, DUNST &
DOUMAS, LLP
ATTORNEYS AT LAW
Plaintiff. | further certify that the foregoing statements made by me are true. | am aware that if any
NORTH JERSEY
40 PATERSON ST
PO BOX 420
NEW BRUNSIVICK, NU
‘SOUTH JERSEY
704 WLpueelatio
SUTTE:
HANIMONTON, NJ
14
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of the foregoing statements made by me are wilifully false, | am subject to punishment.
HOAGLAND, LONGO, MORAN, DUNST & DOUKAS, LLP
Attorneys for Defendant New Jersey Manufacturers
Insurance Company
By:
LWIG
Dated: March 1, 2018
HOAGLAND, LONGO.
MORAN, DUNST &
DOUKAS, LLP
ATTORNEYS AT LAW:
NORTH JERSEY
40 PATERSONST
PO BOX 460
NEW BRUNSWICK,NJ
SOUTH ERSEY
701 WLTSEY'S MLL RD
‘SUITE 202
HAMMONTON, Nd
15
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CERTIFICATE OF MAILING
I, the undersigned, certify that on this date, | forwarded a copy of the within pleading to the
following persons by first-class mail:
Richard J. Albuquerque, Esq.
Hankin, Sandman & Palladino
3120 Fire Road, Suite 100
Egg Harbor Township, NJ 08234
Attorney(s) for Plaintiff, Ms. Sherry Gannon
Melissa Bishop, Esq.
Law Offices of Pamela D. Hargrove
Mack-Cali Corporate Center
65 Jackson Drive, Suite 302
PO Box 2000
Cranford, NJ 07016-0200
Attorneys for Defendant, Paul Breitinger
' certify that the foregoing statements made by me are true. | am aware that if any of the
statements made by me are willfully false, | am subject to punishment.
Dated: March 1, 2018
Li
MARIBEL NOGUEIRA
eme
HOAGLAND, LONGO.
MORAN, DUNST&
DOUKAS, LLP
ATTORNEYS AT LAW
NORTH JERSEY
40 PATERSON ST
PO BOX 480
(MEW BRUNSIVICK,NJ
‘SOUTH JERSEY
701 WLISEV'S MLL RD
SUITE 202
HAANIMONTON, NJ
16
CPM-L-000223-17 03/06/2018 9:36:30 AM Pg 17 of 21 Trans ID: LCV2018405177
Robert S. Helwig, Esq. (ID# 19311985)
HOAGLAND, LONGO, MORAN, DUNST & DOUKAS, LLP
701 Wiltsey's Mill Road, Bldg. B, Suite 202
Hammonton, NJ 08037
(609) 561-2426
Attorneys for Defendant, New Jersey Manufacturers Insurance Company
Plaintiff, SUPERIOR COURT OF NEW JERSEY
CAPE MAY COUNTY-LAW DIVISION
SHERRY GANNON DOCKET NO. CPM-L-0223-17
vs. CIVIL ACTION
Defendant, MEDICARE SUPPLEMENTAL
INTERROGATORIES
NEW JERSEY MANUFACTURERS
INSURANCE COMPANY, PAUL
BREITINGER, ET AL.
To: Richard J. Albuquerque, Esq.
D'Arcy Johnson Day
3120 Fire Road, Suite 100
Egg Harbor Township, NJ 08234
Attorney for Plaintiff, Sherry Gannon
SIRS:
PLEASE TAKE NOTICE that Defendant, New Jersey Manufacturers Insurance Company,
hereby demands of Plaintiff, Sherry Gannon, certified answers to the following Interrogatories
within the time prescribed by the Rules of Court.
Pursuant to the Mandatory Insurer Reporting Law (section 111 of Public Law 110-1 73),
you are required to provide the following information if you are pursuing a claim for bodily injury,
medical payments, workers' compensation or no-fault benefits.
1 Please provide your date of birth.
Please provide your social security number.
HOAGLAND, LONGO
MORAN, DUNST & 3. Please provide your Medicare Health Insurance Claim Number (if you have one).
ATTORNEYS AT LAW
AD PATERSON ST
FO BOX 480
NEW BRUNSMACK,MI
‘7Ot WLTSEY'SMLL RD
HARRONTON, NJ
CPM-L-000223-17 03/06/2018 9:36:30 AM Pg 18 of 21 Trans ID: LCV2018405177
CERTIFICATION IN LIEU OF OATH OR AFFIDAVIT
| hereby certify that the copies of the documents and/or reports attached hereto are exact
copies of the entire document and/or report and that the existence of other documents or reports,
either written or oral, are unknown to me and if such information later becomes known and/or
available to me, | shall promptly serve same on the propounding party.
| certify that the foregoing statements made by me are true. | am aware that if any of the
foregoing statements made by me are willfully false, | am subject to punishment.
SHERRY GANNON
Dated:
6278122
RSH
eme
HOAGLAND, LONGO
MORAN, DUNST &
DOUKAS, LLP
ATTORNEYS AT LAW
NORTH JERSEY
40 PATERSON ST
PO BOK 480
NEW BRUNSIACK, NJ
SOUTH JERSEY
701 WRTSEY'S MLL RD
‘SUTE 202
HAMMONTON,WJ
CPM-L-000223-17 03/06/2018 9:36:30 AM Pg 19 of 21 Trans ID: LCV2018405177
Robert S. Helwig, Esq. (ID# 19311985)
HOAGLAND, LONGO, MORAN, DUNST & DOUKAS, LLP
701 Wiltsey’s Mill Road, Bldg. B, Suite 202
Hammonton, NJ 08037
(609) 561-2426
Attorneys for Defendant, New Jersey Manufacturers Insurance Company
Plaintiff, SUPERIOR COURT OF NEW JERSEY
CAPE MAY COUNTY-LAW DIVISION
SHERRY GANNON DOCKET NO. CPM-L-0223-17
vs. CIVIL ACTION
Defendants, MOTOR VEHICLE SUPPLEMENTAL
INTERROGATORIES
NEW JERSEY MANUFACTURERS
INSURANCE COMPANY, PAUL
BREITINGER, ET AL.
Preview
CPM-L-000223-17 03/06/2018 9:36:30 AM Pg 1 of 21 Trans ID: LCV2018405177 Julio Navarro, Esq. (ID# 022322012) — Attorney of Record Robert S. Helwig, Esq. (ID# 019311985) — Filing Attorney HOAGLAND, LONGO, MORAN, DUNST & DOUKAS, LLP 701 Wiltsey's Mill Road, Bldg. B, Suite 202 Hammonton, NJ 08037 (609) 561-2426 Attorneys for Defendant, New Jersey Manufacturers Insurance Company Plaintiff, SUPERIOR COURT OF NEW JERSEY ATLANTIC COUNTY-LAW DIVISION SHERRY GANNON, DOCKET NO. CPM-L-223-17 VS. CIVIL ACTION Defendants, ANSWER, SEPARATE DEFENSES, CROSSCLAIMS, ANSWER TO ALL PAUL NEW JERSEY BREITINGER, CROSSCLAIMS, NOTICE OF MANUFACTURERS INSURANCE COMPANY, ALLOCATION, REQUEST FOR JOHN DOES, MARY DOES, ABC PRODUCTION OF DOCUMENTS, PARTNERSHIPS and XYZ CORPORATIONS, REQUEST FOR ANSWERS TO jointly, severally and in the alternative, INTERROGATORIES, DEMAND FOR CERTIFICATION AS TO VERBAL THRESHOLD, REQUEST FOR ADMISSIONS, DESIGNATION OF TRIAL COUNSEL AND JURY DEMAND Defendant New Jersey Manufacturers Insurance Company, by way of Answer to Plaintiff's Complaint, says: This Defendant denies each and every allegation of the Complaint as they pertain to it and leaves Plaintiff to her proofs. WHEREFORE, Defendant New Jersey Manufacturers Insurance Company demands judgment dismissing the Complaint together with costs and counsel fees. FIRST SEPARATE DEFENSE If Plaintiff suffered damages, the same were caused by Plaintiff's sole negligence. SECOND SEPARATE DEFENSE HOAGLAND, LONGO MORAN, DUNST 2, ATTORNEYS AT LAW If Plaintiff suffered damages, the same were caused by Plaintiff's contributory negligence. NORTH ERSEY 40 PATERSON ST THIRD SEPARATE DEFENSE POBOX 490 [NBA BRUNSIMICHC,NJ If Plaintiff suffered damages, the same were caused by third persons over whom this SOUTH JERSEY 7M WLTSEV'SMLL RD SUITE 202 HAMHONTON,NJ Defendant had no control. CPM-L-000223-17 03/06/2018 9:36:30 AM Pg 2 of 21 Trans ID: LCV2018405177 FOURTH SEPARATE DEFENSE The incident which forms the basis of this litigation and which allegedly caused the injuries and damages to Plaintiff was proximately caused or contributed to by the fault of third parties not parties to this suit. The responsibility of this Defendant and the right of Plaintiff to recover in this litigation can only be determined after the percentages of responsibility of all parties to this litigation have been determined. Accordingly, this Defendant seeks an adjudication of the percentage of fault of Plaintiff and each and every person whose fault contributed to this incident. FIFTH SEPARATE DEFENSE Plaintiffs Complaint fails to state a cause of action upon which relief can be granted. SIXTH SEPARATE DEFENSE Plaintiff's cause of action is barred by the applicable Statute of Limitations and/or Repose. SEVENTH SEPARATE DEFENSE This Defendant did not violate any duty owed to Plaintiff under common law, statute, regulations or standards. EIGHTH SEPARATE DEFENSE The conduct of this Defendant was not negligent. NINTH SEPARATE DEFENSE The conduct of this Defendant was not the proximate cause of Plaintiff's alleged damages. TENTH SEPARATE DEFENSE At the time and place aforesaid, Plaintiff and/or Co-Defendant(s) were negligent, barring or| limiting recovery in whole or in part, and this Defendant pleads the Comparative Negligence Statute as to all parties. HOAGLAND, LONGO MORAN, DUNST& ELEVENTH SEPARATE DEFENSE DOUKAS,LLP ATTORNEYS ATLAW The alleged damages complained of were due to unavoidable circumstances and causes NORTH JERSEY AD PATERSON ST FO BOX 480 beyond the control or fault of this Defendant. NEW BRUNSWICK,NU ‘SOUTH JERSEY 701 WLTSEY'S MILL RD. ‘SUITE 202 HANIMONTON,Nd CPM-L-000223-17 03/06/2018 9:36:30 AM Pg 3 of 21 Trans ID: LCV2018405177 TWELFTH SEPARATE DEFENSE Plaintiffs Complaint is barred by reason of the New Jersey Automobile insurance Cost Reduction Act (AICRA), L. 1998, c. 21 and c. 22 (effective March 22, 1999), N.J.S.A. 39:6A-1, et S8q. THIRTEENTH SEPARATE DEFENSE Plaintiff's claim for liquidated monetary damages is barred or limited by the New Jersey Automobile Reparation Reform Act, N.J.S.A. 39:6A-1, et seq. FOURTEENTH SEPARATE DEFENSE If Plaintiff suffered damages, the same were caused by Plaintiffs breach of N.J.S.A. 39:3- 76.2e-76.2k, in negligently failing to wear a seat belt. FIFTEENTH SEPARATE DEFENSE Plaintiffs Complaint is barred by reason of Plaintiffs failure to meet the verbal threshold conditions of the applicable insurance policy. SIXTEENTH SEPARATE DEFENSE This Defendant has not violated the Consumer Fraud Act, N.J.S.A. 56:8-1, et seq. SEVENTEENTH SEPARATE DEFENSE This Defendant specifically denies being liable for treble damages and/or attorneys fees. EIGHTEENTH SEPARATE DEFENSE Plaintiff, because of the violation of the Consumer Fraud Act, is not permitted to sue in quantum meruit. NINETEENTH SEPARATE DEFENSE This Defendant specifically denies engaging in unfair claim settlement practices. HOAGLAND, LONGO MORAN, DUNST & TWENTIETH SEPARATE DEFENSE DOUKAS, LLP ATTORNEYSAT LAW. This Defendant has not violated N.J.S.A. 17B:30-13.1, sea. et ‘NORTH JERSEY 40 PATERSONST PO BOX 490. TWENTY-FIRST SEPARATE DEFENSE NEW BRUNSHICK,Nd ‘SOUTH Plaintiff has violated the Consumer Fraud Act and, therefore, any recovery is barred. 701 WLTSEY'S MLL RD SUTE 202 HAMMONTON,Nd CPM-L-000223-17 03/06/2018 9:36:30 AM Pg 4 of 21 Trans ID: LCV2018405177 TWENTY-SECOND SEPARATE DEFENSE Plaintiff's claim for punitive damages is unconstitutional. TWENTY-THIRD SEPARATE DEFENSE Plaintiffs claim for punitive damages violates the right of this Defendant to protection for "excessive fines" as provided in the Eighth Amendment of the United States Constitution and the Constitution of the State of New Jersey and violates the right of this Defendant to substantive due process as provided in the Fifth and Fourteenth Amendments of the United States Constitution and the Constitution of the State of New Jersey. Therefore, Plaintiff's Complaint fails to state a cause of action upon which relief can be granted. TWENTY-FOURTH SEPARATE DEFENSE Plaintiffs claim for punitive damages violates the rights of this Defendant to procedural due process under the Fourteenth Amendment of the United States Constitution and the Constitution of the State of New Jersey and, therefore, fails to state a cause of action upon which relief can be granted. TWENTY-FIFTH SEPARATE DEFENSE This Defendant specifically denies being liable for punitive damages. TWENTY-SIXTH SEPARATE DEFENSE This Defendant specifically denies being liable for unfair claim settlement practices. TWENTY-SEVENTH SEPARATE DEFENSE This Defendant specifically denies being liable for Common Law Fraud. TWENTY-EIGHTH SEPARATE DEFENSE This Defendant denies the applicability of punitive damage theories under the fact of this HOAGLAND, LONGO. litigation and, in any event, denies it is so liable under said theories. MORAN, DUNST & DOUKAS,LLP ATTORNEYS AT LAW TWENTY-NINTH SEPARATE DEFENSE NORTH JERSEY 40 PATERSON ST PO BOK 480 This Defendant denies the applicability of unfair claim settlement practices theories under the NEW BRUNSIAGK, NE SOUTH ERSEY facts of this litigation and, in any event, denies it is so liable under said theories. 70H WLTSEY'S MILL RD SUTE 202 HAMMONTON, HU CPM-L-000223-17 03/06/2018 9:36:30 AM Pg 5 of 21 Trans ID: LCV2018405177 THIRTIETH SEPARATE DEFENSE This Defendant denies the applicabilityof Common Law Fraud theories under the facts of this litigation and, in any event, denies it is so liable under said theories. THIRTY-FIRST SEPARATE DEFENSE Punitive damages may not be awarded against this Defendant and are inappropriate and not recoverable under the facts of this case and should be dismissed. THIRTY-SECOND SEPARATE DEFENSE Pursuant to N.J.S.A. 2A:15-5.13 this Defendant hereby demands a bifurcated trial as to the issues of compensatory and punitive damages. THIRTY-THIRD SEPARATE DEFENSE Plaintiff's claim for punitive damages must be dismissed because Plaintiff cannot prove by clear and convincing evidence that the acts or omissions of this Defendant were actuated by actual malice or accompanied by a wanton and willful disregard of persons who foreseeably might be harmed by those acts or omissions. THIRTY-FOURTH SEPARATE DEFENSE This Defendant pleads all the limitations and conditions as stated in the Punitive Damage Act, 2A:15-5.9, et seq. THIRTY-FIFTH SEPARATE DEFENSE There was insufficiency of process as to this Defendant. THIRTY-SIXTH SEPARATE DEFENSE There was insufficiency of service of process as to this Defendant. THIRTY-SEVENTH SEPARATE DEFENSE HOAGLAND, LONGO MORAN, DUNST& The Court lacks jurisdiction over the person of this Defendant. DOUKAS, LLP ATTORNEYS ATLAW THIRTY-EIGHTH SEPARATE DEFENSE NORTH JERSEY 4UPATERSON ST PO BOX 480 The Court lacks jurisdiction over the subject matter of this action. NEW BRUNSYAICK, Nd SOUTH JERSEY 701 WLTSEV'S MILL RD: SUITE HAMMONTON,NY CPM-L-000223-17 03/06/2018 9:36:30 AM Pg 6 of 21 Trans ID: LCV2018405177 THIRTY-NINTH SEPARATE DEFENSE Venue of this action is improper and this Defendant reserves the right to move for transfer. FORTIETH SEPARATE DEFENSE This Defendant reserves the right to move fora dismissal of Plaintiff's Complaint pursuant to Rules 4:4-4 and 4:37-2. FORTY-FIRST SEPARATE DEFENSE This Defendant contends that the amount of underinsured and/or uninsured coverage is reflected in the policy and not any greater than that. FORTY-SECOND SEPARATE DEFENSE To the extent that Plaintiff is seeking uninsured/underinsured coverage, the Court has no jurisdiction since that coverage is determined by contract between the parties. FORTY-THIRD SEPARATE DEFENSE This Defendant denies the applicability of claims of “Bad Faith" under the facts of this litigation and, in any event, denies it is so liable under said theories. FORTY-FOURTH SEPARATE DEFENSE "Bad Faith" claims and/or claims for damages in excess of the applicable policy limits may not be awarded against this Defendant and are inappropriate and are not recoverable under the facts of this case and should be dismissed. FORTY-FIFTH SEPARATE DEFENSE This Defendant specifically denies being liable for "Bad Faith" claims. FORTY-SIXTH SEPARATE DEFENSE This Defendant has not violated N.J.S.A. 17:29B-1 et. seq. HOAGLAND, LONGO MORAN, DUNST & FORTY-SEVENTH SEPARATE DEFENSE ATTORNEYS AT LAW This Defendant has not violated N.J.A.C. 11:2-17.1, et. seq. NORTH JERSEY 40 PATERSON ST PO BOK 420 NEW BRUNSWICK,NI ‘SOUTH JERSEY 701 WILTSEV'S MEL RO SUTE 202 HAMMONTON, Nd CPM-L-000223-17 03/06/2018 9:36:30 AM Pg 7 of 21 Trans ID: LCV2018405177 FORTY-EIGHTH SEPARATE DEFENSE This Defendant denies the applicability of the Unfair Settlement Practices Act, N.J.A.C. 11:2- 17 et. seq. under the facts of this litigation and, in any event, denies it is so liable under said Act. FORTY-NINTH SEPARATE DEFENSE This Defendant denies the applicability of the N.J.S.A. 17:29B-1 et. seq. under the facts of, this litigation and, in any event, denies it is so liable under said Statute. CROSSCLAIMS Defendant New Jersey Manufacturers Insurance Company, by way of Crossclaims against Co-Defendant Paul Breitinger, says: FIRST COUNT 1 Although Defendant New Jersey Manufacturers Insurance Company denies any liability whatsoever, it nonetheless asserts that any and all injuries and damages sustained by Plaintiff were the proximate result of the negligence of Co-Defendant Paul Breitinger and demands contribution pursuant to the Joint Tortfeasors Contribution Act, N.J.S.A. 2A:53A-1, et seq., and the Comparative Negligence Act of New Jersey from Co-Defendant Paul Breitinger for the proportionate share of any and all sums that may be adjudged against this Defendant in this action. WHEREFORE, Defendant New Jersey Manufacturers Insurance Company demands a judgment of contribution from Co-Defendant Paul Breitinger together with interest, counsel fees, costs of suit, and such other relief as this Court deems appropriate and equitable. SECOND COUNT 1 Defendant New Jersey Manufacturers Insurance Company repeats and realleges each and every allegation contained in the First Count as if the same were more fully set forth at HOAGLAND, LONGO length herein and made a part hereof. MORAN, DUNST & DOUKAS, LLP ATTORNEYS ATLAW. 2 Although Defendant New Jersey Manufacturers Insurance Company denies any (NORTH JERSEY 40 PATERSON ST PO BOX 480 liability whatsoever, it nonetheless asserts that any and all injuries and damages sustained by NEW BRUNSWICK, Ni ‘SOUTH JERSEY Plaintiff were the proximate result of the negligence of Co-Defendant Paul Breitinger which 701 WALTSEY'S MILL RO SUTE: HAMMONTON, Ni CPM-L-000223-17 03/06/2018 9:36:30 AM Pg 8 of 21 Trans ID: LCV2018405177 negligence was primary and active, and if this Defendant is found liable to Plaintiff with respect to said injuries and damages, such liability resulted solely from secondary, imputed, vicarious or passive negligence, and Co-Defendant aforesaid is liable to this Defendant, by way of common law indemnification, for any and all sums which this Defendant may be required to pay in this action. WHEREFORE, Defendant New Jersey Manufacturers Insurance Company demands Judgment, by way of full indemnification, against Co-Defendant Paul Breitinger for any and all sums which this Defendant may be required to pay in this action, together with interest, counsel fees, costs of suit, and such other relief as this Court deems appropriate and equitable. ANSWER TO ALL CROSSCLAIMS Defendant New Jersey Manufacturers Insurance Company, by way of answer to any and all Crossclaims, says: This Defendant denies each and every allegation contained in Co-Defendant's Crossclaims and, therefore, leaves Crossclaimants to their proofs. NOTICE OF ALLOCATION Pursuant to R. 4:7-5(c) and Young v. Latta, 123 N.J. 584 (1991), this Defendant hereby advises that if any Co-Defendant settles the within matter prior to conclusion of trial, the liability of any settling Co-Defendant shall remain an issue and this Defendant shall seek an allocation of percentage of negligence by the finder of fact against such settling Co-Defendant and/or a credit in favor of this Defendant consistent with such allocation. REQUEST FOR PRODUCTION OF DOCUMENTS PLEASE TAKE NOTICE that, pursuant to Rule 4:18-1, request is hereby made of Plaintiff by this Defendant that you produce true, complete, and accurate copies of the following documents to HOAGLAND, LONGO this office, within thirty-five (35) days of the date hereof. MORAN, DUNST 8, DOUMAS, LLP ATTORNEYS AT LAW 4 A copy of the insurance declaration sheet in effect at the time of the within matter. NORTH JERSEY 40 PATERSON ST PO BOX #80 2 Copies of any and all photographs which Plaintiff may have regarding the within NEW BRUNSYWCK,HU ‘SOUTH JERSEY matter. 701 WLTSEY'S MILL RD ‘SUTE 202 HANNONTON, NJ CPM-L-000223-17 03/06/2018 9:36:30 AM Pg 9 of 21 Trans ID: LCV2018405177 3 Copies of any and all expert reports. 4 A copy of the police report and/or municipal court and/or County, State or Federal reports regarding this incident. 5. Copies of any and all repair bills. 6 Copies of any and all witness statements which Plaintiff may have regarding the within matter. 7. Copies of any and all medical reports and/or bills which Plaintiff may have regarding the within matter. 8. Copies of any and all prior discovery, including pleadings; motions; Orders; Answers to Interrogatories; deposition transcripts; demand for documents; request for admissions; and responses thereto exchanged between parties in this action, with attachments and/or amendments. 9. Provide executed medical authorizations permitting this Defendant to obtain all medical records from all of Plaintiff's health care providers and physicians involved in this matter including facilities where any diagnostic tests were performed. 10. Provide executed medical authorizations permitting this Defendant to obtain all medical records from all of Plaintiff's health care providers and physicians including facilities where any diagnostic tests were performed, for all prior and subsequent accidents including worker's compensation claims. 11. Provide executed authorizations permitting this Defendant to obtain all prescription records from all of Plaintiff's pharmacies within the past ten (10) years. 12. Provide executed medical authorizations permitting this Defendant to obtain all medical records from alt of Plaintiff's family physicians. HOAGLAND, LONGO. 13. If Plaintiff has received medical care for any medical condition not accident related MORAN, DUNST & DOUKAS, LLP ATTORNEYS AT LAW within the past ten (10) years, provide executed medical authorizations permitting this Defendant to NORTH JERSEY 40 PATERSON ST PO BOK 480 obtain all medical records from all of Plaintiffs health care providers and physicians regarding NEW BRUNSWICK,MJ ‘SOUTH JERSEY Plaintiffs non-accident related condition. 701 WLISEY'S MLL RD ‘SUITE 202 HAMMONTON,NJ CPM-L-000223-17 03/06/2018 9:36:30 AM Pg 10 of 21 Trans ID: LCV2018405177 14. If a wage loss claim is being asserted by Plaintiff, provide executed wage loss verification authorization permitting this Defendant to obtain records from Plaintiff's employer(s). 15. If Plaintiff has insurance coverage and/or PIP benefits under an applicable policy or policies of automobile or medical insurance provide executed authorizations setting forth the name and address of the insurance carrier, policy number, and named insured which will permit this Defendant to obtain all medical/PIP information. 16. The applicable declarations of the automobile policy providing Plaintiff with PIP medical expense coverage. 17. The PIP payout ledger demonstrating the bills submitted and processed for treatment following the automobile accident at issue. 18. Plaintiff's health insurance card for the policy/plan in effect at the time of the accident and/or at the present time. 19. The health insurance plan/contract to which Plaintiff was a member or party at the time of the accident and/or at the present time, or which Plaintiff could have been a member of, as a resident relative or otherwise, at the time of the accident and/or at the present time. 20. Any and all documents reflecting submission and/or processing of any medical expenses occasioned by injuries or conditions which Plaintiff allege are accident-related by any health insurer at any time, including but not limited to correspondence, other written communications, explanations of benefits, ledgers, etc. 21. Any document created and/or maintained by any of Plaintiffs medical care providers which in any way relate to the fair and reasonable value of services provided to Plaintiffs on account of the automobile accident at issue. HOAGLAND, LONGO: 22. Any document reflecting the amount that anyof Plaintiff's medical care providers have MORAN, DUNST & DOUKAS, LLP ATTORNEYS AT LAW. billed and that were paid, from any source, over the past five (5) years for any service reflected in NORTH JERSEY 40 PATERSON ST PO BOX 480 any unpaid medical bill, on a CPT by CPT code basis, for each and every CPT code billed for the NEW BRUNSWICK, NY SOUTH treatment of Plaintiff for any and all dates of service. 701 WLTSEY'S MLL RD ‘SUTE202 HAMMONTON, Ni 10 CPM-L-000223-17 03/06/2018 9:36:30 AM Pg 11 of 21 Trans ID: LCV2018405177 23. Any document reflecting the methodology employed by any purported witness regarding establishment of the fair and reasonable value of any unpaid medical expense service, on a CPT by CPT code basis, for each and every CPT code billed for the treatment of Plaintiff for any and all dates of service. 24, Any document supporting the methodology employed by any proposed witness regarding establishment of the fair and reasonable value of any unpaid medical service, ona CPT by CPT code basis, for each and every CPT code billed for the treatment of Plaintiff for any and all dates of service. 25. Any document reflecting the facts or other data, including but not limited to the actual cost of services, on which any proposed witness may rely in support of or as proof of the fair and reasonable value of any unpaid medical expense, on a CPT by CPT code basis, for each and every CPT code billed for the treatment of Plaintiff for any and all dates of service. 26. The report of any expert who will offer opinions about the fair and reasonable value of| any unpaid medical service, including a resume or other detailed recitation of education, training and experience giving rise to expertise in matters of the fair and reasonable value of the unpaid medical services at issue in the case, the methodologies employed to establish his or her opinions, all facts and data applied to such methodologies, and a detailed explanation of the process employed/results obtained with respect to the unpaid medical services, on a CPT by CPT code basis, for each and every CPT code billed for the treatment of Plaintiff for any and all dates of service. 27. All studies, texts, treatises, articles, databases, publications or other references that any proposed witness may rely upon as substantive evidence or other support for, oras proof of, the fair and reasonable value of any unpaid medical expense, on a CPT by CPT code basis, for each HOAGLAND, LONGO. and every CPT code billed for the treatment of Plaintiff for any and all dates of service. MORAN, DUNST 8. DOUKAS, LLP ATTORNEYS AT LAW 28. Any and all letters of protection provided by Plaintiff or anyone else (including NORTH JERSEY 40 PATERSONST Plaintiff's legal counsel) to any provider of any unpaid medical service (regardless of whether such NEW BRUNSWICK, Nd ‘SOUTH JERSEY document reflects a compromise of the unpaid medical expenses). 701 WLISEY'S ML RD SUTE 212 HAMMMONTON, Nd 11 CPM-L-000223-17 03/06/2018 9:36:30 AM Pg 12 of 21 Trans ID: LCV2018405177 29. All other documents on which Plaintiff may rely in support of his or her claims concerning the fair and reasonable value of any unpaid medical expense. 30. Actual HICFs and/or UB forms for all alleged unpaid bills containing the following: date of service, CPT code, modifier, amount billed per CPT cade, provider TIN. PLEASE TAKE NOTICE that, pursuant to Rule 4:18-1, request is hereby made of Co- Defendant by this Defendant that you produce true, complete, and accurate copies of the following documents to this office, within thirty-five (35) days of the date hereof. 1 A copy of the insurance declaration sheet in effect at the time of the within matter. 2. Copies of any and all photographs which Co-Defendant may have regarding the within matter. 3 Copies of any and all expert reports. 4. A copy of the police report and/or municipal court and/or County, State or Federal reports regarding this incident. 5. Copies of any and all repair bills. 6. Copies of any and all witness statements which Co-Defendant may have regarding the within matter. 7. Copies of any and all medical reports and/or bills which Co-Defendant may have regarding the within matter. 8. Copies of any and all prior discovery, including pleadings; motions; Orders; Answers to Interrogatories; deposition transcripts; demand for documents; request for admissions; and responses thereto exchanged between parties in this action, with attachments and/or amendments. 9. Provide executed medical authorizations permitting this Defendant to obtain all HOAGLAND, LONGO medical records from all of Plaintiff's health care providers and physicians involved in this matter; MORAN, DUNST & DOUKAS, LLP ATTORNEYS AT LAW including facilities where any diagnostic tests were performed. NORTH JERSEY 40 PATERSON ST POBOK 480 10. Provide executed medical authorizations permitting this Defendant to obtain all NEW BRUNSWICK,NJ SOUTH JERSEY medical records from all of Plaintiff's health care providers and physicians including facilities where TOI WLTSEY'S MLL RD ‘SUTE202 HANIMCRITON,NY 12 CPM-L-000223-17 03/06/2018 9:36:30 AM Pg 13 of 21 Trans ID: LCV2018405177 any diagnostic tests were performed, for all prior and subsequent accidents including worker's compensation claims. 11. Provide executed authorizations permitting this Defendant to obtain all prescription records from all of Plaintiff's pharmacies within the past ten (10) years. 12. Provide executed medical authorizations permitting this Defendant to obtain all medical records from all of Plaintiff's family physicians. 13. If Plaintiff has received medical care for any medical condition not accident related within the past ten (10) years, provide executed medical authorizations permitting this Defendant to obtain all medical records from all of Plaintiff's health care providers and physicians regarding Plaintiff's non-accident related condition. REQUEST FOR ANSWERS TO INTERROGATORIES PLEASE TAKE NOTICE that a demand is made of Plaintiff Sherry Gannon to provide answers to Form A Interrogatories and also to the enclosed Supplemental General and Supplemental Medicare Interrogatories within the time prescribed by the Rules of Court. PLEASE TAKE NOTICE that a demand is made of Co-Defendant Paul Breitinger to provide answers to Form C and C(1) Interrogatories within the time prescribed by the Rules of Court. DEMAND FOR CERTIFICATION AS TO VERBAL THRESHOLD Pursuant to N.J.S.A. 39: ‘6A-8(a), this Defendant hereby demands that Plaintiff, within 60 days following the date of this Answer, provide a certification from a licensed treating physician or from a board-certified licensed physician to whom Plaintiff was referred by the treating physician stating, based upon objective clinical evidence, that Plaintiff has sustained an injury described in this statute. REQUEST FOR ADMISSIONS HOAGLAND, LONGO TO: ATTORNEY FOR PLAINTIFF MORAN, DUNST 8 DOUKAS,LLP ATTORNEYS ATLAW PLEASE TAKE NOTICE that the undersigned hereby request a response to the following NORTH JERSEY 40 PATERSON ST PO BOX 480. Request for Admission within thirty (30) days of the date hereof: NEW BRUNSIVICK,NJ ‘SOUTH JERSEY 701 WLTSEY'S ML RD ‘SUTE 202 HAMSMONTON,MU 13 CPM-L-000223-17 03/06/2018 9:36:30 AM Pg 14 of 21 Trans ID: LCV2018405177 1 Plaintiff Sherry Gannon was subject to the verbal threshold on March 19, 2014. Admit Deny 2 Plaintiff Sherry Gannon is receiving PIP benefits as a result of the accident of March 19, 2014. Admit Deny 3. Plaintiff Sherry Gannon maintained a minimum of at least $250,000.00 of PIP coverage on March 19, 2014. Admit Deny 4 Plaintiff's medical bills incurred as a result of the accident of March 19, 2014 have not exceeded Plaintiffs’ available PIP coverage limits. Admit Deny DESIGNATION OF TRIAL COUNSEL Pursuant to R. 4:25-4, be advised that Julio Navarro, Esq. (ID# 022322012) has been designated as trial counsel on behalfof Defendant New Jersey Manufacturers Insurance Company in the above-captioned matter. JURY DEMAND Defendant New Jersey Manufacturers Insurance Company hereby demands a trial by jury on all issues. CERTIFICATION OF COUNSEL 1 Pursuant to Rule 4:5-1, the undersigned hereby certifies that at the time of filing of this pleading, the matter in controversy is not the subject of any other action pending in any Court and/or] Arbitration proceeding. HOAGLAND, LONGO 2 | certify that the within pleading was filed out of time with the consent of counsel for MORAN, DUNST & DOUMAS, LLP ATTORNEYS AT LAW Plaintiff. | further certify that the foregoing statements made by me are true. | am aware that if any NORTH JERSEY 40 PATERSON ST PO BOX 420 NEW BRUNSIVICK, NU ‘SOUTH JERSEY 704 WLpueelatio SUTTE: HANIMONTON, NJ 14 CPM-L-000223-17 03/06/2018 9:36:30 AM Pg 15 of 21 Trans ID: LCV2018405177 of the foregoing statements made by me are wilifully false, | am subject to punishment. HOAGLAND, LONGO, MORAN, DUNST & DOUKAS, LLP Attorneys for Defendant New Jersey Manufacturers Insurance Company By: LWIG Dated: March 1, 2018 HOAGLAND, LONGO. MORAN, DUNST & DOUKAS, LLP ATTORNEYS AT LAW: NORTH JERSEY 40 PATERSONST PO BOX 460 NEW BRUNSWICK,NJ SOUTH ERSEY 701 WLTSEY'S MLL RD ‘SUITE 202 HAMMONTON, Nd 15 CPM-L-000223-17 03/06/2018 9:36:30 AM Pg 16 of 21 Trans ID: LCV2018405177 CERTIFICATE OF MAILING I, the undersigned, certify that on this date, | forwarded a copy of the within pleading to the following persons by first-class mail: Richard J. Albuquerque, Esq. Hankin, Sandman & Palladino 3120 Fire Road, Suite 100 Egg Harbor Township, NJ 08234 Attorney(s) for Plaintiff, Ms. Sherry Gannon Melissa Bishop, Esq. Law Offices of Pamela D. Hargrove Mack-Cali Corporate Center 65 Jackson Drive, Suite 302 PO Box 2000 Cranford, NJ 07016-0200 Attorneys for Defendant, Paul Breitinger ' certify that the foregoing statements made by me are true. | am aware that if any of the statements made by me are willfully false, | am subject to punishment. Dated: March 1, 2018 Li MARIBEL NOGUEIRA eme HOAGLAND, LONGO. MORAN, DUNST& DOUKAS, LLP ATTORNEYS AT LAW NORTH JERSEY 40 PATERSON ST PO BOX 480 (MEW BRUNSIVICK,NJ ‘SOUTH JERSEY 701 WLISEV'S MLL RD SUITE 202 HAANIMONTON, NJ 16 CPM-L-000223-17 03/06/2018 9:36:30 AM Pg 17 of 21 Trans ID: LCV2018405177 Robert S. Helwig, Esq. (ID# 19311985) HOAGLAND, LONGO, MORAN, DUNST & DOUKAS, LLP 701 Wiltsey's Mill Road, Bldg. B, Suite 202 Hammonton, NJ 08037 (609) 561-2426 Attorneys for Defendant, New Jersey Manufacturers Insurance Company Plaintiff, SUPERIOR COURT OF NEW JERSEY CAPE MAY COUNTY-LAW DIVISION SHERRY GANNON DOCKET NO. CPM-L-0223-17 vs. CIVIL ACTION Defendant, MEDICARE SUPPLEMENTAL INTERROGATORIES NEW JERSEY MANUFACTURERS INSURANCE COMPANY, PAUL BREITINGER, ET AL. To: Richard J. Albuquerque, Esq. D'Arcy Johnson Day 3120 Fire Road, Suite 100 Egg Harbor Township, NJ 08234 Attorney for Plaintiff, Sherry Gannon SIRS: PLEASE TAKE NOTICE that Defendant, New Jersey Manufacturers Insurance Company, hereby demands of Plaintiff, Sherry Gannon, certified answers to the following Interrogatories within the time prescribed by the Rules of Court. Pursuant to the Mandatory Insurer Reporting Law (section 111 of Public Law 110-1 73), you are required to provide the following information if you are pursuing a claim for bodily injury, medical payments, workers' compensation or no-fault benefits. 1 Please provide your date of birth. Please provide your social security number. HOAGLAND, LONGO MORAN, DUNST & 3. Please provide your Medicare Health Insurance Claim Number (if you have one). ATTORNEYS AT LAW AD PATERSON ST FO BOX 480 NEW BRUNSMACK,MI ‘7Ot WLTSEY'SMLL RD HARRONTON, NJ CPM-L-000223-17 03/06/2018 9:36:30 AM Pg 18 of 21 Trans ID: LCV2018405177 CERTIFICATION IN LIEU OF OATH OR AFFIDAVIT | hereby certify that the copies of the documents and/or reports attached hereto are exact copies of the entire document and/or report and that the existence of other documents or reports, either written or oral, are unknown to me and if such information later becomes known and/or available to me, | shall promptly serve same on the propounding party. | certify that the foregoing statements made by me are true. | am aware that if any of the foregoing statements made by me are willfully false, | am subject to punishment. SHERRY GANNON Dated: 6278122 RSH eme HOAGLAND, LONGO MORAN, DUNST & DOUKAS, LLP ATTORNEYS AT LAW NORTH JERSEY 40 PATERSON ST PO BOK 480 NEW BRUNSIACK, NJ SOUTH JERSEY 701 WRTSEY'S MLL RD ‘SUTE 202 HAMMONTON,WJ CPM-L-000223-17 03/06/2018 9:36:30 AM Pg 19 of 21 Trans ID: LCV2018405177 Robert S. Helwig, Esq. (ID# 19311985) HOAGLAND, LONGO, MORAN, DUNST & DOUKAS, LLP 701 Wiltsey’s Mill Road, Bldg. B, Suite 202 Hammonton, NJ 08037 (609) 561-2426 Attorneys for Defendant, New Jersey Manufacturers Insurance Company Plaintiff, SUPERIOR COURT OF NEW JERSEY CAPE MAY COUNTY-LAW DIVISION SHERRY GANNON DOCKET NO. CPM-L-0223-17 vs. CIVIL ACTION Defendants, MOTOR VEHICLE SUPPLEMENTAL INTERROGATORIES NEW JERSEY MANUFACTURERS INSURANCE COMPANY, PAUL BREITINGER, ET AL.