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Filing # 104541322 E-Filed 03/09/2020 11:31:14 AM
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR
CHARLOTTE COUNTY, FLORIDA CIVIL ACTION
DEBRA LAPOSA,
Plaintiff,
Case No. 2020-100-CA
WAL-MART STORES EAST, L.P., a Foreign
Limited Partnership, and JOHN DOE, Manager
of Store # 1874,
Defendants.
/
REQUEST TO PRODUCE TO PLAINTIFF
REQUEST PROPOUNDED TO: PLAINTIFF, DEBRA LAPOSA
REQUEST PROPOUNDED BY: DEFENDANT, WALMART STORES EAST, LP
YOU ARE HEREBY notified that the aforementioned propounding party, by and
through its undersigned attorneys, and in accordance with the applicable Rules of Civil
Procedure, requests the party named above to produce to the Defendant, WALMART
STORES EAST, LP, at the law offices of Henderson Franklin Starnes & Holt PA, 1715
Monroe Street Post Office Box 280, Fort Myers, Florida, within 30 days of the date of
this request, for the purposes of inspecting and copying, the items described in the
attached list.
Defendant would state that the Defendant has need to examine, copy, and
inspect said described items and are unable to obtain said described items by other
means, or, alternatively, Defendant is otherwise entitled to said items under the
applicable Rules of Civil Procedure and case law interpreting same.
Page 1 of 5
CERTIFICATE OF SERVICE
| HEREBY CERTIFY that | electronically filed the foregoing with the Clerk of
Court using the E-Filing Portal System which will send a notice of electronic filing to the
following: »
Ashley Long, Esquire
Morgan & Morgan, P.A.
2222 South Tamiami Trail
Sarasota, FL 34239
Telephone: 941.366.1790
Facsimile: 941.366.6063
long@forthepeople.com
Attorneys for Plaintiff
this 4 day of March, 2020.
HENDERSON, FRANKLIN, STARNES & HOLT, P.A.
Attorneys for Defendant, Walmart Stores East, LP
Post Office Box 280
1715 Monroe Street
Fort Myers, FL 33902-0280"
Telephone: 239.344.1249
Facsimile: 239.344.1542
By: slAmandaJ. Rosy
AMANDA J. ROSS, ESQUIRE
Florida Bar No. 598666
manda.ross@henlaw.com
tracey.salerno@henlaw.com
MADISON P. ALLEN, ESQUIRE
Florida Bar No. 1011247
madison.allen@henlaw.com
usan.peters@henlaw.com
Page 2 of 5
REQUEST TO PRODUCE
Copy of any and all documents or photographs which establish, confirm or
corroborate that you were present at the location where the alleged incident
occurred on the date of the injury alleged in the Complaint
Copy of any and all documents or photographs which establish, confirm or
corroborate that you slipped and/or fell at the location where the alleged incident
occurred on the date of the injury alleged in the Complaint
Copy of any and all documents or photographs which establish, confirm or
corroborate that the Defendant is liable for the injuries you allege in the
Complaint
Copy of any and all statements (as defined in the Rules of Civil Procedure)
concerning this action or the subject matter of this action previously made by the
Defendant or the Plaintiff
Duplicate prints (not photocopies) of any and all photographs and videotapes
relevant to the issues of liability and/or damages.
Copies of any and all medical, hospital and doctor bills, including bills for
prescriptions, incurred by Plaintiff in treatment of injuries which he/she allegedly
received in the incident described in Plaintiff's Complaint
Copies of any and all hospital records concerning any and all hospitalizations
which Plaintiff claims resulted from the subject accident which are in Plaintiff:
possession or control
Copies of any and all medical records, reports, opinions, or other written
memoranda from doctors, nurses, other medical practitioners, or expert
witnesses containing information concerning Plaintiff's physical condition, not
specifically related to’ this accident, which are in Plaintiff's possession or control
Savinov. Luciano, 92 So. 2d 817 (Fla. 1957)
If claiming lost wages or loss of earning capacity, copies of Plaintiff's income tax
returns for the five years prior to the date of the accident through the present
date, together with Plaintiffs W-2 statements if employed by others or supporting
documentation if self-employed
10 Duplicate prints (not photocopies) of any and all photographs and videotapes
which do or might reveal injuries which Plaintiff allegedly sustained iin the incident
described in Plaintiff's Complaint.
1 Copies of all reports received, either directly or by or through an attorney, from
treating or examining physicians related to injuries resulting from the incident
alleged in the Complaint.
Page 3 of 5
12 Any and all documents relating to all collateral sources which have been paid to
Plaintiff as a result of the incident more fully described in the Complaint herein.
For the purposes of this question, collateral sources means any payments made
to the Plaintiff or on the Plaintiff's behalf as defined in Section 768.76, Florida
Statutes.
13 Copies of any and all written or recorded statements taken from any witnesses,
or, in the alternative, if objected to, the name and address of any person from
whom you or your attorneys or their representative have obtained a written or
recorded statement and the date taken. Surf Drugs, Inc., v. Vermette, 236 So.
2d 108 (Fla. 1970).
14 A copy of Plaintiff's driver's license.
15 A copy of Plaintiff's passport from front cover to back cover, including the inside
pages, from the date of the subject accident to the present.
16 Copies of any or all pleadings, discovery, or other materials compiled pertaining
to any lawsuit, workers’ compensation claim, or longshoremen’s claim or Social
Security claim involving injuries or damages to the Plaintiff. Savino v. Luciano,
92 So.2d 817 (Fla. 1957).
17 Copies of any and all written statements (including opinions), memoranda, and
reports of Plaintiff(s) and his/her/their agents and employees which Plaintiff(s)
expect(s) to introduce into evidence at the trial of this case. Surf Drugs, Inc., v.
Vermette; American Motors Corp. v. Ellis, 403 So. 2d 459 (Fla. 5th DCA 1981).
18 Copies of any and all written statements (including opinions), memoranda, and
Teports, of any and all experts Plaintiff(s) expect(s) to call at the trial of this
cause. Mims v. Casademont, 464 So. 2d 643 (Fla. 3rd DCA 1985); Peck v.
Messina, 523 So. 2d 1154 (Fla. 2d DCA 1988).
19 Copies of any and all incident/accident reports, if applicable, relative to the
subject occurrence.
20. Copies of any and all documentation of claimed special items of damages,
including receipts, canceled checks, invoices, contracts, bills, or statements.
21 Copies of any and all photographs, slides, movie films, and videotapes taken of
the Plaintiff since the accident giving rise to this lawsuit relevant to the issues of
liability and/or damages.
22 Copies of any and all notices of intent to collect damages from the tortfeasor
directed towards any provider of collateral source payments pursuant to F.S.
§768.76(6). These also include proof that the notice was sent by certified or
registered mail.
Page 4 of 5
23 Copies of any and all statements from providers of collateral source payments
which assert a right to subrogation or reimbursement pursuant to F.S.
§768.76(7).
24 Copies of any and all letters of protection exchanged or provided to any of the
health care practitioners involved in this case.
25 Copies of any and all documents reflecting payments made to Plaintiff or on
Plaintiff's behalf as a result of the subject incident and/or damages that are the
subject of this case by the following:
(a) The United States Social Security Act; any federal, state or local
disability act; any other public programs providing medical benefits or
payment for medical expenses, disability, or other similar benefits.
(b) Any health, sickness, or disability income insurance or other similar
insurance benefits.
(c) Any contract or agreement of any group, organization, partnership,
or corporation to provide, pay for, or reimburse costs of hospital, medical,
or other health care services.
(d) Any contractual or other voluntary wage continuation plan provided
by any employers of the Plaintiff or any other system intended to provide
wages during any period of alleged disability of the Plaintiff.
(e) Any other collateral source whatsoever providing compensation as
a result of the damages incurred as a result of the subject accident or
incident which are the subject of this claim.
26 Receipt or record of all purchases and transactions made within the location
where the alleged incident occurred on the date of the alleged incident.
27 Shoes worn by Plaintiff at the time of the alleged incident.
Page 5 of 5
Preview
Filing # 104541322 E-Filed 03/09/2020 11:31:14 AM IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR CHARLOTTE COUNTY, FLORIDA CIVIL ACTION DEBRA LAPOSA, Plaintiff, Case No. 2020-100-CA WAL-MART STORES EAST, L.P., a Foreign Limited Partnership, and JOHN DOE, Manager of Store # 1874, Defendants. / REQUEST TO PRODUCE TO PLAINTIFF REQUEST PROPOUNDED TO: PLAINTIFF, DEBRA LAPOSA REQUEST PROPOUNDED BY: DEFENDANT, WALMART STORES EAST, LP YOU ARE HEREBY notified that the aforementioned propounding party, by and through its undersigned attorneys, and in accordance with the applicable Rules of Civil Procedure, requests the party named above to produce to the Defendant, WALMART STORES EAST, LP, at the law offices of Henderson Franklin Starnes & Holt PA, 1715 Monroe Street Post Office Box 280, Fort Myers, Florida, within 30 days of the date of this request, for the purposes of inspecting and copying, the items described in the attached list. Defendant would state that the Defendant has need to examine, copy, and inspect said described items and are unable to obtain said described items by other means, or, alternatively, Defendant is otherwise entitled to said items under the applicable Rules of Civil Procedure and case law interpreting same. Page 1 of 5 CERTIFICATE OF SERVICE | HEREBY CERTIFY that | electronically filed the foregoing with the Clerk of Court using the E-Filing Portal System which will send a notice of electronic filing to the following: » Ashley Long, Esquire Morgan & Morgan, P.A. 2222 South Tamiami Trail Sarasota, FL 34239 Telephone: 941.366.1790 Facsimile: 941.366.6063 long@forthepeople.com Attorneys for Plaintiff this 4 day of March, 2020. HENDERSON, FRANKLIN, STARNES & HOLT, P.A. Attorneys for Defendant, Walmart Stores East, LP Post Office Box 280 1715 Monroe Street Fort Myers, FL 33902-0280" Telephone: 239.344.1249 Facsimile: 239.344.1542 By: slAmandaJ. Rosy AMANDA J. ROSS, ESQUIRE Florida Bar No. 598666 manda.ross@henlaw.com tracey.salerno@henlaw.com MADISON P. ALLEN, ESQUIRE Florida Bar No. 1011247 madison.allen@henlaw.com usan.peters@henlaw.com Page 2 of 5 REQUEST TO PRODUCE Copy of any and all documents or photographs which establish, confirm or corroborate that you were present at the location where the alleged incident occurred on the date of the injury alleged in the Complaint Copy of any and all documents or photographs which establish, confirm or corroborate that you slipped and/or fell at the location where the alleged incident occurred on the date of the injury alleged in the Complaint Copy of any and all documents or photographs which establish, confirm or corroborate that the Defendant is liable for the injuries you allege in the Complaint Copy of any and all statements (as defined in the Rules of Civil Procedure) concerning this action or the subject matter of this action previously made by the Defendant or the Plaintiff Duplicate prints (not photocopies) of any and all photographs and videotapes relevant to the issues of liability and/or damages. Copies of any and all medical, hospital and doctor bills, including bills for prescriptions, incurred by Plaintiff in treatment of injuries which he/she allegedly received in the incident described in Plaintiff's Complaint Copies of any and all hospital records concerning any and all hospitalizations which Plaintiff claims resulted from the subject accident which are in Plaintiff: possession or control Copies of any and all medical records, reports, opinions, or other written memoranda from doctors, nurses, other medical practitioners, or expert witnesses containing information concerning Plaintiff's physical condition, not specifically related to’ this accident, which are in Plaintiff's possession or control Savinov. Luciano, 92 So. 2d 817 (Fla. 1957) If claiming lost wages or loss of earning capacity, copies of Plaintiff's income tax returns for the five years prior to the date of the accident through the present date, together with Plaintiffs W-2 statements if employed by others or supporting documentation if self-employed 10 Duplicate prints (not photocopies) of any and all photographs and videotapes which do or might reveal injuries which Plaintiff allegedly sustained iin the incident described in Plaintiff's Complaint. 1 Copies of all reports received, either directly or by or through an attorney, from treating or examining physicians related to injuries resulting from the incident alleged in the Complaint. Page 3 of 5 12 Any and all documents relating to all collateral sources which have been paid to Plaintiff as a result of the incident more fully described in the Complaint herein. For the purposes of this question, collateral sources means any payments made to the Plaintiff or on the Plaintiff's behalf as defined in Section 768.76, Florida Statutes. 13 Copies of any and all written or recorded statements taken from any witnesses, or, in the alternative, if objected to, the name and address of any person from whom you or your attorneys or their representative have obtained a written or recorded statement and the date taken. Surf Drugs, Inc., v. Vermette, 236 So. 2d 108 (Fla. 1970). 14 A copy of Plaintiff's driver's license. 15 A copy of Plaintiff's passport from front cover to back cover, including the inside pages, from the date of the subject accident to the present. 16 Copies of any or all pleadings, discovery, or other materials compiled pertaining to any lawsuit, workers’ compensation claim, or longshoremen’s claim or Social Security claim involving injuries or damages to the Plaintiff. Savino v. Luciano, 92 So.2d 817 (Fla. 1957). 17 Copies of any and all written statements (including opinions), memoranda, and reports of Plaintiff(s) and his/her/their agents and employees which Plaintiff(s) expect(s) to introduce into evidence at the trial of this case. Surf Drugs, Inc., v. Vermette; American Motors Corp. v. Ellis, 403 So. 2d 459 (Fla. 5th DCA 1981). 18 Copies of any and all written statements (including opinions), memoranda, and Teports, of any and all experts Plaintiff(s) expect(s) to call at the trial of this cause. Mims v. Casademont, 464 So. 2d 643 (Fla. 3rd DCA 1985); Peck v. Messina, 523 So. 2d 1154 (Fla. 2d DCA 1988). 19 Copies of any and all incident/accident reports, if applicable, relative to the subject occurrence. 20. Copies of any and all documentation of claimed special items of damages, including receipts, canceled checks, invoices, contracts, bills, or statements. 21 Copies of any and all photographs, slides, movie films, and videotapes taken of the Plaintiff since the accident giving rise to this lawsuit relevant to the issues of liability and/or damages. 22 Copies of any and all notices of intent to collect damages from the tortfeasor directed towards any provider of collateral source payments pursuant to F.S. §768.76(6). These also include proof that the notice was sent by certified or registered mail. Page 4 of 5 23 Copies of any and all statements from providers of collateral source payments which assert a right to subrogation or reimbursement pursuant to F.S. §768.76(7). 24 Copies of any and all letters of protection exchanged or provided to any of the health care practitioners involved in this case. 25 Copies of any and all documents reflecting payments made to Plaintiff or on Plaintiff's behalf as a result of the subject incident and/or damages that are the subject of this case by the following: (a) The United States Social Security Act; any federal, state or local disability act; any other public programs providing medical benefits or payment for medical expenses, disability, or other similar benefits. (b) Any health, sickness, or disability income insurance or other similar insurance benefits. (c) Any contract or agreement of any group, organization, partnership, or corporation to provide, pay for, or reimburse costs of hospital, medical, or other health care services. (d) Any contractual or other voluntary wage continuation plan provided by any employers of the Plaintiff or any other system intended to provide wages during any period of alleged disability of the Plaintiff. (e) Any other collateral source whatsoever providing compensation as a result of the damages incurred as a result of the subject accident or incident which are the subject of this claim. 26 Receipt or record of all purchases and transactions made within the location where the alleged incident occurred on the date of the alleged incident. 27 Shoes worn by Plaintiff at the time of the alleged incident. Page 5 of 5