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Filing # 64356628 E-Filed 11/17/2017 02:32:06 PM
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR CHARLOTTE COUNTY, FLORIDA
CIVIL ACTION
WILLIAM H. SCHMITZ and JANICE K SCHMITZ
As Husband and Wife,
Plaintiff,
v, CASE NO.: 16-CA-001754
ALEXMAR PIMIENTA GARRIDO,
JLL LOGISTIC INC and ROBERTO LI,
Defendants.
PLAINTIFF’S DISCLOSURE OF FACT WITNESSES
COME NOW the Plaintiffs, WILLIAM H. SCHMITZ and JANICE K. SCHMITZ, as
Husband and Wife, by and through their undersigned attorneys, and file this, their Disclosure of
Fact Witnesses, as follows:
Plaintiff's medical providers are considered to be fact witnesses by the Plaintiffs.
However, in the event that Defendants contend that medical providers are expert
witnesses, Plaintiffs are disclosing medical providers in Plaintiff's Disclosure of Expert
Witnesses.
Further, Plaintiff considers any and all law enforcement personnel or first
responders who were involved in the subject incident to be fact witnesses.
The purpose of making this distinction is so that this matter has been specifically
addressed, in the event that Defendants contend that medical providers, law enforcement
personnel and/or first responders are ‘expert witnesses’.
Plaintiff's medical providers are anticipated to testify concerning the causation,
nature and extent of Plaintiff's injuries; Plaintiff's diagnoses, prognoses, general health
(including, but not limited to, Plaintiff's health prior to and subsequent to the subject
crash); medical care provided to Plaintiff; and medical care, durable medical equipment,
adaptive equipment and supplies which such provider(s) anticipate will be needed by the
Plaintiff in the future (including the cost of such future care, equipment and supplies).
Law enforcement personnel and/or first responders who were involved in the
investigation of the crash or were present at the crash scene may testify regarding the
reported incident, medical treatments rendered, emergency response services rendered
and their investigation, observations, and conclusions relating to the crash (subject to
Florida’s Accident Report Privilege).
Note: it is expressly intended that for any of the witnesses listed herein, the
Records Custodian, appropriate representative(s) and/or the witness named may be
called to testify.
Charlotte County Fire & EMS
26571 Airport Road
Punta Gorda FL 33928
Lee Memorial Health System
Lee Memorial Hospital
2776 Cleveland Avenue
Fort Myers FL 33901
Lee Memorial Health System
The Rehab Hospital
2776 Cleveland Avenue
Fort Myers FL 33901
Lee Physicians Services
Lee Professional Billing
P.O. Box 2147
Fort Myers FL 33904
JLR Anesthesia Associates, Inc.
P © Box 948075
Maitland FL 32794 8075
Ameripath Fort Myers
P O Box 740977
Cincinnati OH 45274-0977
Aeromed/Air Methods
c/o Tampa General Hospital
1 Tampa General Cirel
Tampa FL 33606-3571
Patrick B. Leach, M.D.
Orthopedic Specialists of SW Florida, P.A.
2531 Cleveland Avenue, Suite 1
Fort Myers FL 33901
Robert O'Connor, MD
Lee Physician Group
2780 Cleveland Avenue, #702
Fort Myers, FL 33901
40. Jeremy Schwartz, MD
Orthopedic Specialists of SW Florida, P.A.
2531 Cleveland Avenue, Suite #1
Fort Myers FL 33901
4 Ameripath
7111 Fairway Drive, Suite 101
Palm Beach Gardens, FL 33418
12 Dr. Angela Keon
713 E. Marion Avenue, Suite 141
Punta Gorda, FL 33950
13. Advanced Imaging of Port Charlotte
2625 Tamiami Trail
Port Charlotte, FL 33952
14 Center for Health of Charlotte County, PA
1107 W. Marion Avenue, Unit 116
Punta Gorda, FL 33950
15. Scott P. Kurecki, DPM
North Port Foot & Ankle
12757 Tamiami Trail South
North Port, FL. 34287
Additional fact witnesses are disclosed below. Those described as “before and
after” witnesses are expected to testify concerning Plaintiff's damages.
16. Plaintiff, WILLIAM H. SCHMITZ.
17. Plaintiff, JANICE K, SCHMITZ.
18. Defendant, ALEXMAR PIMIENTA GARRIDO.
19. Defendant, JJL LOGISTIC, INC.
20. Defendant, ROBERTO LI.
21, Bayshore Marine & Yacht Brokerage, Inc.
Charlotte Harbor/Punta Gorda, FL
22. William Steve Schumpert
23. Scott Moran, Moran Painting
24, Jeff Lorah, CPA
25. Emergency responders who were summoned to the scene, including but not limited to
firefighters and EMS personnel.
26. Trooper D. A. Daniels
Florida Highway Patrol
ID/Badge No, 3381
(Investigating Officer)
27. Anita Lalicata
16038 Lyeborn Avenue
Port Charlotte, FL 33954
(Eyewitness)
28. Robert Holifield
4705 Lagorce Drive
Punta Gorda, FL 33982
(Eyewitness)
29. Tania L. Paris (daughter)
30 Kristopher Joel (son)
31 Any and all witnesses listed by Defendants.
32. Any and all individuals whose names have been revealed in depositions, answers to
interrogatories, documents produced, or any other discovery taken in this instant action.
33. All medical providers whose records were sought or obtained through subpoena duces
tecum without deposition.
34, All employers or former employers whose records were sought or obtained through
subpoena duces tecum without deposition.
35. All medical providers whose records were sought or obtained through authorizations
signed by Plaintiff.
36. All employers or former employers whose records were sought or obtained through
authorizations signed by Plaintiff.
37. Any and all individuals/entities or their records custodians whose records were obtained
by subpoena duces tecum without deposition.
38. Any and all individuals/entities or their records custodians whose records were obtained
by authorizations signed by Plaintiff.
39. Impeachment witnesses.
40. Rebuttal witnesses.
41. Plaintiff reserves the right to amend witness list upon timely notice to Defendant,
including, but not limited to, the addition or withdrawal of “before and after’ witnesses
and any additional witnesses whose identities may be revealed during ongoing
discovery.
CERTIFICATE OF SERVICE
| HEREBY CERTIFY that a true and correct copy of the above and foregoing has been
furnished by electronic mail to William Boltrek, Ill, Esquire, HENDERSON, FRANKLIN,
STARNES & HOLT, P.A., Attorneys for Defendants, Post Office Box 280, 1715 Monroe Street,
i
Fort Myers, FL 33902-0280, at the designated address(es) of
william, boltrek@henlaw.com and brenda.sitar@henlaw.com, this day of November,
2017.
GOLDBERG NOONE, LLC
Attorneys for Plaintiffs
Post Office Box 190
Fort Myers, Florida 33902-0190
(239) 461-8508
(239) 461-3915 (Facsimile)
By
ichael loone
Florida Bar No.: 0105439
Email: MikeNoone@goldberg-law.com
ervice@goldberg-law.com
Elizete D. Velado
Florida Bar No.: 0099668
Email: ElizeteVelado@goldberg-law.com
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Filing # 64356628 E-Filed 11/17/2017 02:32:06 PM IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR CHARLOTTE COUNTY, FLORIDA CIVIL ACTION WILLIAM H. SCHMITZ and JANICE K SCHMITZ As Husband and Wife, Plaintiff, v, CASE NO.: 16-CA-001754 ALEXMAR PIMIENTA GARRIDO, JLL LOGISTIC INC and ROBERTO LI, Defendants. PLAINTIFF’S DISCLOSURE OF FACT WITNESSES COME NOW the Plaintiffs, WILLIAM H. SCHMITZ and JANICE K. SCHMITZ, as Husband and Wife, by and through their undersigned attorneys, and file this, their Disclosure of Fact Witnesses, as follows: Plaintiff's medical providers are considered to be fact witnesses by the Plaintiffs. However, in the event that Defendants contend that medical providers are expert witnesses, Plaintiffs are disclosing medical providers in Plaintiff's Disclosure of Expert Witnesses. Further, Plaintiff considers any and all law enforcement personnel or first responders who were involved in the subject incident to be fact witnesses. The purpose of making this distinction is so that this matter has been specifically addressed, in the event that Defendants contend that medical providers, law enforcement personnel and/or first responders are ‘expert witnesses’. Plaintiff's medical providers are anticipated to testify concerning the causation, nature and extent of Plaintiff's injuries; Plaintiff's diagnoses, prognoses, general health (including, but not limited to, Plaintiff's health prior to and subsequent to the subject crash); medical care provided to Plaintiff; and medical care, durable medical equipment, adaptive equipment and supplies which such provider(s) anticipate will be needed by the Plaintiff in the future (including the cost of such future care, equipment and supplies). Law enforcement personnel and/or first responders who were involved in the investigation of the crash or were present at the crash scene may testify regarding the reported incident, medical treatments rendered, emergency response services rendered and their investigation, observations, and conclusions relating to the crash (subject to Florida’s Accident Report Privilege). Note: it is expressly intended that for any of the witnesses listed herein, the Records Custodian, appropriate representative(s) and/or the witness named may be called to testify. Charlotte County Fire & EMS 26571 Airport Road Punta Gorda FL 33928 Lee Memorial Health System Lee Memorial Hospital 2776 Cleveland Avenue Fort Myers FL 33901 Lee Memorial Health System The Rehab Hospital 2776 Cleveland Avenue Fort Myers FL 33901 Lee Physicians Services Lee Professional Billing P.O. Box 2147 Fort Myers FL 33904 JLR Anesthesia Associates, Inc. P © Box 948075 Maitland FL 32794 8075 Ameripath Fort Myers P O Box 740977 Cincinnati OH 45274-0977 Aeromed/Air Methods c/o Tampa General Hospital 1 Tampa General Cirel Tampa FL 33606-3571 Patrick B. Leach, M.D. Orthopedic Specialists of SW Florida, P.A. 2531 Cleveland Avenue, Suite 1 Fort Myers FL 33901 Robert O'Connor, MD Lee Physician Group 2780 Cleveland Avenue, #702 Fort Myers, FL 33901 40. Jeremy Schwartz, MD Orthopedic Specialists of SW Florida, P.A. 2531 Cleveland Avenue, Suite #1 Fort Myers FL 33901 4 Ameripath 7111 Fairway Drive, Suite 101 Palm Beach Gardens, FL 33418 12 Dr. Angela Keon 713 E. Marion Avenue, Suite 141 Punta Gorda, FL 33950 13. Advanced Imaging of Port Charlotte 2625 Tamiami Trail Port Charlotte, FL 33952 14 Center for Health of Charlotte County, PA 1107 W. Marion Avenue, Unit 116 Punta Gorda, FL 33950 15. Scott P. Kurecki, DPM North Port Foot & Ankle 12757 Tamiami Trail South North Port, FL. 34287 Additional fact witnesses are disclosed below. Those described as “before and after” witnesses are expected to testify concerning Plaintiff's damages. 16. Plaintiff, WILLIAM H. SCHMITZ. 17. Plaintiff, JANICE K, SCHMITZ. 18. Defendant, ALEXMAR PIMIENTA GARRIDO. 19. Defendant, JJL LOGISTIC, INC. 20. Defendant, ROBERTO LI. 21, Bayshore Marine & Yacht Brokerage, Inc. Charlotte Harbor/Punta Gorda, FL 22. William Steve Schumpert 23. Scott Moran, Moran Painting 24, Jeff Lorah, CPA 25. Emergency responders who were summoned to the scene, including but not limited to firefighters and EMS personnel. 26. Trooper D. A. Daniels Florida Highway Patrol ID/Badge No, 3381 (Investigating Officer) 27. Anita Lalicata 16038 Lyeborn Avenue Port Charlotte, FL 33954 (Eyewitness) 28. Robert Holifield 4705 Lagorce Drive Punta Gorda, FL 33982 (Eyewitness) 29. Tania L. Paris (daughter) 30 Kristopher Joel (son) 31 Any and all witnesses listed by Defendants. 32. Any and all individuals whose names have been revealed in depositions, answers to interrogatories, documents produced, or any other discovery taken in this instant action. 33. All medical providers whose records were sought or obtained through subpoena duces tecum without deposition. 34, All employers or former employers whose records were sought or obtained through subpoena duces tecum without deposition. 35. All medical providers whose records were sought or obtained through authorizations signed by Plaintiff. 36. All employers or former employers whose records were sought or obtained through authorizations signed by Plaintiff. 37. Any and all individuals/entities or their records custodians whose records were obtained by subpoena duces tecum without deposition. 38. Any and all individuals/entities or their records custodians whose records were obtained by authorizations signed by Plaintiff. 39. Impeachment witnesses. 40. Rebuttal witnesses. 41. Plaintiff reserves the right to amend witness list upon timely notice to Defendant, including, but not limited to, the addition or withdrawal of “before and after’ witnesses and any additional witnesses whose identities may be revealed during ongoing discovery. CERTIFICATE OF SERVICE | HEREBY CERTIFY that a true and correct copy of the above and foregoing has been furnished by electronic mail to William Boltrek, Ill, Esquire, HENDERSON, FRANKLIN, STARNES & HOLT, P.A., Attorneys for Defendants, Post Office Box 280, 1715 Monroe Street, i Fort Myers, FL 33902-0280, at the designated address(es) of william, boltrek@henlaw.com and brenda.sitar@henlaw.com, this day of November, 2017. GOLDBERG NOONE, LLC Attorneys for Plaintiffs Post Office Box 190 Fort Myers, Florida 33902-0190 (239) 461-8508 (239) 461-3915 (Facsimile) By ichael loone Florida Bar No.: 0105439 Email: MikeNoone@goldberg-law.com ervice@goldberg-law.com Elizete D. Velado Florida Bar No.: 0099668 Email: ElizeteVelado@goldberg-law.com