Preview
Filing# 173883551 E-Filed 05/24/2023 01:00:30 PM
IN THE CIRCUIT COURT OF THE ELEVENTH
JUDICIAL CIRCUIT IN AND FOR BROWARD
COUNTY, FLORIDA
CASE NO.: CACE-21-016578
JOY FURER
Plaintiff,
V
GG RE HOLLYWOOD BEACH 613 LLC,
And RELAXPRO, LLC,
Defendants.
'
DEFENDANT, GG RE HOLLYWOOD BEACH 613 LLC'S
MOTION TO LIMIT NUMBER OF TREATING PHYSICIANS TESTIFYING ON
EXPERT MATTERS
Defendant, GG RE HOLLYWOOD BEACH 613 LLC, by and through the undersigned
attorneys, hereby requests that this Honorable Court issue an Order limitingthe number oftreating
physiciansthat Plaintiff can have testify
at trial on expert matters, and in support thereof states:
1. ofnegligentsecurityrelated to an assault on Plaintiff
This case involves allegations
by non-partieswhile she was a guest at Defendants' hotel.
2. On January 2,2023, Plaintiff's Witness List was filed wherein Plaintiff disclosed
nine (9)treating will serve as hybridwitnesses and offer expert
physiciansthat Plaintiff anticipates
testimony at trial.
3 Each of the nine (9)hybrid witnesses disclosed by Plaintiffhave all been disclosed
to testifyon the same the hybrid witnesses all "will testifythat Plaintiff
matters. Specifically,
sustained serious injuriesas a result of the subjectincident and will offer opinionsregarding
Plaintiff's prognosis,and future medical care."
diagnosis,
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 05/24/2023 01:00:30 PM.****
4. Plaintiff should be limited to having one (1)treating
providerper medical specialty
on the matters disclosed. Currently,Plaintiff intends
testify to have four (4)orthopedicsurgeons,
one (1)psychologist,and one (1)pain management doctor,testifyat trial.
three (3)radiologists,
5. Pursuant to section 90.403 of the Florida Statutes, the Court may exclude the
needless presentationof cumulative evidence to avoid unfair prejudiceand confusion. § 90.403
Fla. Stat. Cumulative evidence has been defined as evidence that is "not substantially
different in
character and effect" from properlyadmitted evidence alreadybefore the Court. Cross v. Lakeview
Center, Inc., 529 So.2d 307, 310 (Fla.1st DCA 1988).
6. Numerous courts around the state have limited plaintiffs
to callingno more than
one expert to testify
about a particular
topicso as to avoid cumulative expert testimony.See Gavin
v. Promo Brands USA, Inc.,578 So. 2d 518,519 (Fla.4th DCA 1991) (affirmingexclusion of
cumulative expert witness testimony);Laurent v.
Uniroyal,Inc., 515 So. 2d 1050, 1051 (Fla.3d
DCA 1987) (not error to exclude rebuttal expert witness when testimonywould have been
cumulative);Stager v. Fla. E. Coast Ry., 163 So. 2d 15, 17 (Fla.3d DCA 1964) (not error to
physicianwhen evidence would have been merely cumulative
exclude testimony of third treating
of testimony of priortwo treatingphysicians).There is no abuse of discretion when the trial court
excludes additional medical testimonythat would be cumulative in nature. See generallyGonzalez
v. Martinez, 897 So. 2d 525,527 (Fla.3d DCA 2005).
7. In addition, allowing mult*le experts to testifyas to related matters within the
same specialtyarea frustrates the judicialeconomy purpose behind section 90.612(1)(b)of the
Florida Statutes,which excludes evidence with minimal probativevalue when it is a waste of time.
Furthermore, section 90.612(1)(b),which deals with the mode and and
order of interrogation
requiresa
presentation, trial judge to exercise reasonable care over the proceedingsto avoid the
2
needless consumption of time. To present evidence of more than one (1)expert witness per
would be an unreasonable and unnecessary waste of time and judicialresources.
specialty
WHEREFORE, Defendant, GG RE HOLLYWOOD BEACH 613 LLC, respectfully
requests this Court enter an Order limitingthe number of Plaintiff's treatingprovidersthat can
on expert matters
testify to and for such other and further relief as
one per specialty, this Court
deems justand proper.
DATED this 24.th day of May, 2023.
ANDERSONGLENN LLP
/s/ .John .J. Glenn
John J. Glenn, Esquire
Florida Bar No.. 957860
Email. jglenn@asglaw.com
Amanda N. Rumker, Esquire
Florida Bar No.. 125580
arumker@asglaw.com
2650 North MilitaryTrail,Suite 430
Boca Raton, FL 33431
Tel.: (561) 893-9192
Fax: (561) 893-9194
Counsel for Defendant GG Re Hollywood
Beach 613 LLC
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this 24?? day of May, 2023, I electronically filed the
foregoing document with the Clerk of the Court using Florida Court's E-FilingPortal and certify
that all counsel of record have been served via transmission of Notice of Electronic Filing
generatedby Florida Court E-FilingPortal or in some other authorized manner for those counsel
who are not authorized to receive electronically
or parties Notices of Electronic Filing.
s/ .John .J. Glenn
John J. Glenn, Esquire
3
Preview
Filing# 173883551 E-Filed 05/24/2023 01:00:30 PM IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CASE NO.: CACE-21-016578 JOY FURER Plaintiff, V GG RE HOLLYWOOD BEACH 613 LLC, And RELAXPRO, LLC, Defendants. ' DEFENDANT, GG RE HOLLYWOOD BEACH 613 LLC'S MOTION TO LIMIT NUMBER OF TREATING PHYSICIANS TESTIFYING ON EXPERT MATTERS Defendant, GG RE HOLLYWOOD BEACH 613 LLC, by and through the undersigned attorneys, hereby requests that this Honorable Court issue an Order limitingthe number oftreating physiciansthat Plaintiff can have testify at trial on expert matters, and in support thereof states: 1. ofnegligentsecurityrelated to an assault on Plaintiff This case involves allegations by non-partieswhile she was a guest at Defendants' hotel. 2. On January 2,2023, Plaintiff's Witness List was filed wherein Plaintiff disclosed nine (9)treating will serve as hybridwitnesses and offer expert physiciansthat Plaintiff anticipates testimony at trial. 3 Each of the nine (9)hybrid witnesses disclosed by Plaintiffhave all been disclosed to testifyon the same the hybrid witnesses all "will testifythat Plaintiff matters. Specifically, sustained serious injuriesas a result of the subjectincident and will offer opinionsregarding Plaintiff's prognosis,and future medical care." diagnosis, *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 05/24/2023 01:00:30 PM.**** 4. Plaintiff should be limited to having one (1)treating providerper medical specialty on the matters disclosed. Currently,Plaintiff intends testify to have four (4)orthopedicsurgeons, one (1)psychologist,and one (1)pain management doctor,testifyat trial. three (3)radiologists, 5. Pursuant to section 90.403 of the Florida Statutes, the Court may exclude the needless presentationof cumulative evidence to avoid unfair prejudiceand confusion. § 90.403 Fla. Stat. Cumulative evidence has been defined as evidence that is "not substantially different in character and effect" from properlyadmitted evidence alreadybefore the Court. Cross v. Lakeview Center, Inc., 529 So.2d 307, 310 (Fla.1st DCA 1988). 6. Numerous courts around the state have limited plaintiffs to callingno more than one expert to testify about a particular topicso as to avoid cumulative expert testimony.See Gavin v. Promo Brands USA, Inc.,578 So. 2d 518,519 (Fla.4th DCA 1991) (affirmingexclusion of cumulative expert witness testimony);Laurent v. Uniroyal,Inc., 515 So. 2d 1050, 1051 (Fla.3d DCA 1987) (not error to exclude rebuttal expert witness when testimonywould have been cumulative);Stager v. Fla. E. Coast Ry., 163 So. 2d 15, 17 (Fla.3d DCA 1964) (not error to physicianwhen evidence would have been merely cumulative exclude testimony of third treating of testimony of priortwo treatingphysicians).There is no abuse of discretion when the trial court excludes additional medical testimonythat would be cumulative in nature. See generallyGonzalez v. Martinez, 897 So. 2d 525,527 (Fla.3d DCA 2005). 7. In addition, allowing mult*le experts to testifyas to related matters within the same specialtyarea frustrates the judicialeconomy purpose behind section 90.612(1)(b)of the Florida Statutes,which excludes evidence with minimal probativevalue when it is a waste of time. Furthermore, section 90.612(1)(b),which deals with the mode and and order of interrogation requiresa presentation, trial judge to exercise reasonable care over the proceedingsto avoid the 2 needless consumption of time. To present evidence of more than one (1)expert witness per would be an unreasonable and unnecessary waste of time and judicialresources. specialty WHEREFORE, Defendant, GG RE HOLLYWOOD BEACH 613 LLC, respectfully requests this Court enter an Order limitingthe number of Plaintiff's treatingprovidersthat can on expert matters testify to and for such other and further relief as one per specialty, this Court deems justand proper. DATED this 24.th day of May, 2023. ANDERSONGLENN LLP /s/ .John .J. Glenn John J. Glenn, Esquire Florida Bar No.. 957860 Email. jglenn@asglaw.com Amanda N. Rumker, Esquire Florida Bar No.. 125580 arumker@asglaw.com 2650 North MilitaryTrail,Suite 430 Boca Raton, FL 33431 Tel.: (561) 893-9192 Fax: (561) 893-9194 Counsel for Defendant GG Re Hollywood Beach 613 LLC CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 24?? day of May, 2023, I electronically filed the foregoing document with the Clerk of the Court using Florida Court's E-FilingPortal and certify that all counsel of record have been served via transmission of Notice of Electronic Filing generatedby Florida Court E-FilingPortal or in some other authorized manner for those counsel who are not authorized to receive electronically or parties Notices of Electronic Filing. s/ .John .J. Glenn John J. Glenn, Esquire 3