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Filing # 177792592 E-Filed 07/19/2023 04:10:13 PM
IN THE CIRCUIT COURT FOR THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR CHARLOTTE COUNTY, FLORIDA
CASE NO: 2023-CA-000559
GREGORY TEAGUE
Plaintiff,
VS.
CINDY HORNBUCKLE and
THE STANDARD FIRE
INSURANCE COMPANY, a
Florida Profit Corporation,
Defendants.
/
PLAINTIFF’S RESPONSE TO DEFENDANTS REQUEST FOR PRODUCTION
Plaintiff, GREGORY TEAGUE, by and through the undersigned attorneys, and in response
to the Defendant, THE STANDARD FIRE INSURANCE COMPANY, Request for Production
served on or about May 18, 2023, and states as follows:
1 All documents evidencing or supporting the claim for personal injuries, including
emotional distress, allegedly suffered by the plaintiff in the accident giving rise to this lawsuit,
including but not limited to the following:
A. All bills, receipts, and cancelled checks relating to medical expenses;
B All written reports, office notes, hospital records, correspondence, X-ray readings
and other documentation prepared by any physician or medical expert.
Cc All photographs, notes, diaries, physical evidence or other documents and objects
which relate to the plaintiff's claim for personal injuries or emotional distress.
D. All films and diagnostic studies, reports and documents, including but not limited
to x-rays, MRIs, CT scans, and the like.
RESPONSE: See attached.
2. Copies of all medical reports received by the Plaintiff, Plaintiff's attorney, investigators,
agents, servants, or employees, from doctors, physicians, or anyone else who has rendered
treatment to the Plaintiff PRIOR to the accident which is the subject matter of this lawsuit.
RESPONSE: Objection. This Request is not relevant, overly broad, harassing, unduly
burdensome, and not reasonably calculated to lead to the discovery of admissible
evidence. Florida Rule of Civil Procedure 1.280(b(1). Additionally, the Second District
Court of Appeal has held that a similar request for social media information was not
discoverable. Root v. Balfour Beatty Construction LLC, 2014 WL 444005 (Fla. 2"? DCA
2014).
3 Copies of all hospital records from any hospital where the Plaintiff was a patient PRIOR
to the accident which is the subject matter of this lawsuit, which are in the possession of the
Plaintiff, Plaintiff's attorney, investigators, agents, servants or employees.
RESPONSE: Objection. This Request is not relevant, overly broad, harassing, unduly
burdensome, and not reasonably calculated to lead to the discovery of admissible
evidence. Florida Rule of Civil Procedure 1.280(b(1). Additionally, the Second District
Court of Appeal has held that a similar request for social media information was not
discoverable. Root v. Balfour Beatty Construction LLC, 2014 WL 444005 (Fla. 2"? DCA
2014).
4 Any and all documents, writings and/or other tangible objects which would identify each
and every collateral source (as defined by the applicable Florida Statutes), which has already paid
any benefits or from which benefits are otherwise payable or available for any of the damages,
losses or injuries that Plaintiffis claiming in this lawsuit.
RESPONSE: See attached.
5 All written and/or recorded statements taken from the Defendants in this action,
concerning this action or its subject matter or a stenographic, mechanical, electrical or other
recording or transcription of a statement that is a substantial verbatim recital or oral statement.
RESPONSE: None thatI recall.
6 Any and all photographs, graphs, charts, and other documentary evidence of the scene,
parties, or vehicles, if applicable, involved in or pertaining to the subject accident or occurrence
or issues in this cause which the Plaintiff will use at trial, or which has been furnished to any expert
who will be listed as an expert witness for trial.
RESPONSE: Objection. This Request calls for information which is protected from
disclosure by the attorney-client privilege and the attorney work-product privilege. Without
waiving the foregoing Objection, Plaintiff’s exhibits for trial are undetermined at this time.
7 Please provide legible copies of the following all brochures, applications, contracts,
agreements, liens, correspondence or other similar documents received by you, completed by
you, anyone on your behalf and your attorney(s) as part of the process of entering into all
agreements, negotiations and contracts with a lender, litigation funding company, litigation
lending company, medical funding company, or similar entity.
RESPONSE: To be provided, if available.
8 Copies of all written materials concerning any settlement by Plaintiff with any other person
or entity which may have been liable for the damages claimed by the Plaintiff, together with all
Releases, Litigation Loan Agreements, “Mary Carter” or other similar Agreements.
RESPONSE: None.
9 Copies of all automobile insurance policies which provide or may provide PIP benefits,
medical payments or disability payments to Plaintiff with regards to the damages alleged to have
been incurred as a result of the subject accident, together with the relevant declarations or face
sheet, reflecting available coverages and deductibles.
RESPONSE: See attached.
10. Copies of any and all PIP documents submitted by Plaintiff to any PIP carrier, including
any Notice of Loss forms, PIP payout logs, Reimbursement Forms, Wage Loss forms, or other
documentation of loss.
RESPONSE: See documents produced in response to Request No. 4.
11. Copies of any and all applications for social security disability, together with all records,
correspondence and evaluations being utilized by the Social Security Administration for review
of your disability.
RESPONSE: Not in possession.
12. Any and all documents reflecting any amounts of any collateral sources paid to the
Plaintiff on account of expenses incurred as a result of the incident complained of. This is to
include but not be limited to Social Security, Income Disability, Auto Insurance, Group Employee
Insurance, Wage Continuation Plans, etc.
RESPONSE: See documents produced in response to Request No. 4.
13. Copies of all “Letters of Protection” provided to your medical providers where you agree
that the medical provider’s bills your treatment will be paid of any monies that you recover in
this litigation.
RESPONSE: None.
14. Please provide a copy of any and all current and prior insurance cards providing coverage
to you for automobile, homeowners, and/or medical coverage.
RESPONSE: To be provided, if available.
15. All documents evidencing or supporting the claim for lost earnings or earning capacity,
including but not limited to the following:
A. Federal and State tax returns filed for the past ten (10) years;
Records of profit and loss, and all other documentation concerning any businesses
in which the plaintiff has had an ownership interest for the past ten (10) years;
Any other documents or summaries which relate to the plaintiff's income for the
past ten (10) years;
Payroll records, time sheets, or other documentation to reflect the total amount of
time which the plaintiff has missed from employment as a result of the injuries
received in the accident giving rise to this lawsuit.
All documents, certificates and diplomas relating to the plaintiff's educational
pursuits since attendance at or graduation from high school.
All documents relating to the plaintiff's military service, including induction and
discharge documents.
RESPONSE: Objection. This Request is not reasonably calculated to lead to the discovery
of admissible evidence. Plaintiff is not seeking damages for lost wages or loss of earning
capacity.
16. All documents evidencing or supporting the claim for property damages, including,
but not limited to the following:
A. All bills, estimates, invoices or cancelled checks relating to estimates or repair of
this property;
B All photographs, diagrams, summaries or other documentation concerning the
property allegedly damaged in the accident giving rise to this lawsuit;
Cc All receipts, estimates, purchase orders or other documentation reflecting the fair
market value of the property before and after the accident giving rise to this
lawsuit.
RESPONSE: See attached.
17. All documents evidencing the payment by any persons or organizations, of any of the
damage allegedly sustained by the plaintiff, in the accident giving rise to this lawsuit, including
but not limited to the following:
A. Any and all releases, assignments, agreements, settlement pleadings, or receipts
for expense advance of any of the damage claims alleged to have resulted from
the accident in question, or in settlement of any claims arising directly or indirectly
out of this accident, or from the medical care and treatment received following
this accident.
Any evidence of payment of medical expenses, property damage or any other
damage alleged to have resulted from the accident in question.
RESPONSE: To be provided, if available.
18. All documents, photographs, diagrams or reports prepared by the plaintiff or by anyone,
including potential expert witnesses, acting on behalf of the plaintiff, which relate to the accident
giving rise to this lawsuit or the damages claimed to have resulted from that accident.
RESPONSE: See documents produced in response to Request No. 16.
19. All statements, prior testimony, or other rendering of facts and opinions, whether written,
tape-recorded or summarized, in the possession of or available to the plaintiff or the plaintiff's
attorney, which relate to the accident giving rise to this lawsuit or the damages alleged to have
resulted from that accident.
RESPONSE: None that I recall.
20. All exhibits which may be introduced into evidence on behalf of the plaintiffat the trial
of this lawsuit, or used by the plaintiff and any witnesses in preparation for giving testimony in
this case, at the discovery or trial stages of this lawsuit.
RESPONSE: Objection. This Request calls for information which is protected from
disclosure by the attorney-client privilege and the attorney work-product privilege. Without
waiving the foregoing Objection, Plaintiff’s exhibits for trial are undetermined at this time.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished, by
Email, this 19" day of July, 2023 to: Daniel Lemongello, Esq., HILL & LEMONGELLO, P.A.,
Marial@hill-lem-law.com; Joant@hill-lem-law.com; DanI@hill-lem-law.com and Amy L
Glasser, Esq., LAW OFFICES OF JACK D. EVANS, aglasser@travelers.com and
JDETampa@travelers.com.
/s/ Angela C. Agostino, Esq.
ANGELA C. AGOSTINO, Esquire
Florida Bar No.: 91290
Morgan & Morgan, P.A.
12800 University Drive, Suite 600
Fort Myers, FL 33907
Telephone: (239) 243-0427
Facsimile: (239) 210-5362
Primary Email: aagostino@forthepeople.com
jsantiago@forthepeople.com
orzech@forthepeople.com
Counsel for Plaintiff
Preview
Filing # 177792592 E-Filed 07/19/2023 04:10:13 PM IN THE CIRCUIT COURT FOR THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR CHARLOTTE COUNTY, FLORIDA CASE NO: 2023-CA-000559 GREGORY TEAGUE Plaintiff, VS. CINDY HORNBUCKLE and THE STANDARD FIRE INSURANCE COMPANY, a Florida Profit Corporation, Defendants. / PLAINTIFF’S RESPONSE TO DEFENDANTS REQUEST FOR PRODUCTION Plaintiff, GREGORY TEAGUE, by and through the undersigned attorneys, and in response to the Defendant, THE STANDARD FIRE INSURANCE COMPANY, Request for Production served on or about May 18, 2023, and states as follows: 1 All documents evidencing or supporting the claim for personal injuries, including emotional distress, allegedly suffered by the plaintiff in the accident giving rise to this lawsuit, including but not limited to the following: A. All bills, receipts, and cancelled checks relating to medical expenses; B All written reports, office notes, hospital records, correspondence, X-ray readings and other documentation prepared by any physician or medical expert. Cc All photographs, notes, diaries, physical evidence or other documents and objects which relate to the plaintiff's claim for personal injuries or emotional distress. D. All films and diagnostic studies, reports and documents, including but not limited to x-rays, MRIs, CT scans, and the like. RESPONSE: See attached. 2. Copies of all medical reports received by the Plaintiff, Plaintiff's attorney, investigators, agents, servants, or employees, from doctors, physicians, or anyone else who has rendered treatment to the Plaintiff PRIOR to the accident which is the subject matter of this lawsuit. RESPONSE: Objection. This Request is not relevant, overly broad, harassing, unduly burdensome, and not reasonably calculated to lead to the discovery of admissible evidence. Florida Rule of Civil Procedure 1.280(b(1). Additionally, the Second District Court of Appeal has held that a similar request for social media information was not discoverable. Root v. Balfour Beatty Construction LLC, 2014 WL 444005 (Fla. 2"? DCA 2014). 3 Copies of all hospital records from any hospital where the Plaintiff was a patient PRIOR to the accident which is the subject matter of this lawsuit, which are in the possession of the Plaintiff, Plaintiff's attorney, investigators, agents, servants or employees. RESPONSE: Objection. This Request is not relevant, overly broad, harassing, unduly burdensome, and not reasonably calculated to lead to the discovery of admissible evidence. Florida Rule of Civil Procedure 1.280(b(1). Additionally, the Second District Court of Appeal has held that a similar request for social media information was not discoverable. Root v. Balfour Beatty Construction LLC, 2014 WL 444005 (Fla. 2"? DCA 2014). 4 Any and all documents, writings and/or other tangible objects which would identify each and every collateral source (as defined by the applicable Florida Statutes), which has already paid any benefits or from which benefits are otherwise payable or available for any of the damages, losses or injuries that Plaintiffis claiming in this lawsuit. RESPONSE: See attached. 5 All written and/or recorded statements taken from the Defendants in this action, concerning this action or its subject matter or a stenographic, mechanical, electrical or other recording or transcription of a statement that is a substantial verbatim recital or oral statement. RESPONSE: None thatI recall. 6 Any and all photographs, graphs, charts, and other documentary evidence of the scene, parties, or vehicles, if applicable, involved in or pertaining to the subject accident or occurrence or issues in this cause which the Plaintiff will use at trial, or which has been furnished to any expert who will be listed as an expert witness for trial. RESPONSE: Objection. This Request calls for information which is protected from disclosure by the attorney-client privilege and the attorney work-product privilege. Without waiving the foregoing Objection, Plaintiff’s exhibits for trial are undetermined at this time. 7 Please provide legible copies of the following all brochures, applications, contracts, agreements, liens, correspondence or other similar documents received by you, completed by you, anyone on your behalf and your attorney(s) as part of the process of entering into all agreements, negotiations and contracts with a lender, litigation funding company, litigation lending company, medical funding company, or similar entity. RESPONSE: To be provided, if available. 8 Copies of all written materials concerning any settlement by Plaintiff with any other person or entity which may have been liable for the damages claimed by the Plaintiff, together with all Releases, Litigation Loan Agreements, “Mary Carter” or other similar Agreements. RESPONSE: None. 9 Copies of all automobile insurance policies which provide or may provide PIP benefits, medical payments or disability payments to Plaintiff with regards to the damages alleged to have been incurred as a result of the subject accident, together with the relevant declarations or face sheet, reflecting available coverages and deductibles. RESPONSE: See attached. 10. Copies of any and all PIP documents submitted by Plaintiff to any PIP carrier, including any Notice of Loss forms, PIP payout logs, Reimbursement Forms, Wage Loss forms, or other documentation of loss. RESPONSE: See documents produced in response to Request No. 4. 11. Copies of any and all applications for social security disability, together with all records, correspondence and evaluations being utilized by the Social Security Administration for review of your disability. RESPONSE: Not in possession. 12. Any and all documents reflecting any amounts of any collateral sources paid to the Plaintiff on account of expenses incurred as a result of the incident complained of. This is to include but not be limited to Social Security, Income Disability, Auto Insurance, Group Employee Insurance, Wage Continuation Plans, etc. RESPONSE: See documents produced in response to Request No. 4. 13. Copies of all “Letters of Protection” provided to your medical providers where you agree that the medical provider’s bills your treatment will be paid of any monies that you recover in this litigation. RESPONSE: None. 14. Please provide a copy of any and all current and prior insurance cards providing coverage to you for automobile, homeowners, and/or medical coverage. RESPONSE: To be provided, if available. 15. All documents evidencing or supporting the claim for lost earnings or earning capacity, including but not limited to the following: A. Federal and State tax returns filed for the past ten (10) years; Records of profit and loss, and all other documentation concerning any businesses in which the plaintiff has had an ownership interest for the past ten (10) years; Any other documents or summaries which relate to the plaintiff's income for the past ten (10) years; Payroll records, time sheets, or other documentation to reflect the total amount of time which the plaintiff has missed from employment as a result of the injuries received in the accident giving rise to this lawsuit. All documents, certificates and diplomas relating to the plaintiff's educational pursuits since attendance at or graduation from high school. All documents relating to the plaintiff's military service, including induction and discharge documents. RESPONSE: Objection. This Request is not reasonably calculated to lead to the discovery of admissible evidence. Plaintiff is not seeking damages for lost wages or loss of earning capacity. 16. All documents evidencing or supporting the claim for property damages, including, but not limited to the following: A. All bills, estimates, invoices or cancelled checks relating to estimates or repair of this property; B All photographs, diagrams, summaries or other documentation concerning the property allegedly damaged in the accident giving rise to this lawsuit; Cc All receipts, estimates, purchase orders or other documentation reflecting the fair market value of the property before and after the accident giving rise to this lawsuit. RESPONSE: See attached. 17. All documents evidencing the payment by any persons or organizations, of any of the damage allegedly sustained by the plaintiff, in the accident giving rise to this lawsuit, including but not limited to the following: A. Any and all releases, assignments, agreements, settlement pleadings, or receipts for expense advance of any of the damage claims alleged to have resulted from the accident in question, or in settlement of any claims arising directly or indirectly out of this accident, or from the medical care and treatment received following this accident. Any evidence of payment of medical expenses, property damage or any other damage alleged to have resulted from the accident in question. RESPONSE: To be provided, if available. 18. All documents, photographs, diagrams or reports prepared by the plaintiff or by anyone, including potential expert witnesses, acting on behalf of the plaintiff, which relate to the accident giving rise to this lawsuit or the damages claimed to have resulted from that accident. RESPONSE: See documents produced in response to Request No. 16. 19. All statements, prior testimony, or other rendering of facts and opinions, whether written, tape-recorded or summarized, in the possession of or available to the plaintiff or the plaintiff's attorney, which relate to the accident giving rise to this lawsuit or the damages alleged to have resulted from that accident. RESPONSE: None that I recall. 20. All exhibits which may be introduced into evidence on behalf of the plaintiffat the trial of this lawsuit, or used by the plaintiff and any witnesses in preparation for giving testimony in this case, at the discovery or trial stages of this lawsuit. RESPONSE: Objection. This Request calls for information which is protected from disclosure by the attorney-client privilege and the attorney work-product privilege. Without waiving the foregoing Objection, Plaintiff’s exhibits for trial are undetermined at this time. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished, by Email, this 19" day of July, 2023 to: Daniel Lemongello, Esq., HILL & LEMONGELLO, P.A., Marial@hill-lem-law.com; Joant@hill-lem-law.com; DanI@hill-lem-law.com and Amy L Glasser, Esq., LAW OFFICES OF JACK D. EVANS, aglasser@travelers.com and JDETampa@travelers.com. /s/ Angela C. Agostino, Esq. ANGELA C. AGOSTINO, Esquire Florida Bar No.: 91290 Morgan & Morgan, P.A. 12800 University Drive, Suite 600 Fort Myers, FL 33907 Telephone: (239) 243-0427 Facsimile: (239) 210-5362 Primary Email: aagostino@forthepeople.com jsantiago@forthepeople.com orzech@forthepeople.com Counsel for Plaintiff