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Filing# 168476708 E-Filed 03/10/2023 12:15:36 PM
IN THE CIRCUIT COURT FOR THE
SEVENTEENTH JUDICIAL CIRCUIT IN
AND FOR BROWARD COUNTY, FLORIDA
ADRIANA HINCAPIE and
NICOLAS HINCAPIE,
CASE NO: CACE 21-016648 (14)
Plaintiffs,
V
JOSEPH BERNARD WEZKIEWICZ, JR.,
JOSEPH BERNARD WEZKIEWICZ, III,and
STATE FARM MUTUAL AUTOMOBILE
INSURANCE COMPANY,
A Foreign Corporation,
Defendant.
i
PLAINTIFF'S, NICOLAS HINCAPIE, BETTER RESPONSE TO DEFENDANT'S
UPDATED REQUEST FOR PRODUCTION
COMES NOW, NICOLAS
the Plaintiff, HINCAPIE, by and through the undersigned
counsel, hereby files his better response to Defendant, JOSEPH BERNARD WEZKIEWICZ's,
Updated Request for Production dated September 21,2022, as follows:
1. Any and all statements made by any Defendant, written or otherwise, in this lawsuit since the
date o f the Plaintiff's last response and/or which were not previouslyproduced by the Plaintiff
to the Defendant.
RESPONSE: This respondent is not in possession of any documents responsive to this
Request.
2. Laser color copies of any photographs of the accident scene, partiesor vehicles involved in
the subject accident since the date of the Plaintiff's last response and/or which were not
previouslyproduced by the Plaintiff to the Defendant.
RESPONSE: Attached.
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 03/10/2023 12:15:35 PM.****
3. All medical records to date relating
to the Plaintiff's medical treatment for the subjectaccident
since the date of the Plaintiff's last response and/or which were not previouslyproduced by the
Plaintiff to the Defendant.
RESPONSE: Attached.
4. All medical bills incurred by the Plaintiff as a result of the subject accident (whether
previouslyproduced by the Plaintiff and/or Plaintiff's counsel duringthe subjectlawsuit).
RESPONSE: Attached.
5. the total amount billed by each of the Plaintiff"s health care
All medical bills reflecting
providersfor the medical treatment received by the Plaintiff in the subjectaccident.
RESPONSE: Attached.
6. the outstandingamount owed to each ofthe Plaintiff's health care
All medical bills reflecting
providersto date for the medical treatment received by the Plaintiff in the subjectaccident.
RESPONSE: Attached.
7. A Summary of the Plaintiff's medical expenses to include the total amounts incurred to date
by each health-care provider,and the outstandingbalances currentlyowed to each health-care
providerin this case.
RESPONSE: Attached.
8. All records of collateral source payments for damages claimed by the Plaintiff as a result of
the subjectaccident (whether previouslyproduced by the Plaintiff and/or Plaintiff's counsel
during the subjectlawsuit).
RESPONSE: Attached.
9. All current liens (health,
worker's compensation,Medicare, Medicaid, etc.)relating
to the
Plaintiff's medical bills incurred for the subjectaccident.
RESPONSE: Attached.
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10. If the Plaintiff is making a wage loss claim (pastor future)in this lawsuit,all Income Tax
Returns, W-2's, 1099's and/or any other business and/or income records, evidencing the
Plaintiff's past and future loss o f income.
RESPONSE: Objection. Plaintiff is not making a wage loss claim or earnings capacity
claim, therefore wage loss and/or tax information is not applicable to this case.
11. All reports preparedand/or furnished by the Plaintiff's expert witness(es)expectedto testify
at trial in this case.
RESPONSE: Objection. This Respondent has not made a decision which, if any, expert
witness will be used at the trial of this matter. All expert witness disclosure will be
provided to Defendant in compliance with the Florida Rules of Civil Procedure and the
governing trial order issued by the Court in this matter. Those objectionsnotwithstanding,
Respondent has nothing in her possession which would be responsive to this request.
12. The complete/entire of any expert witnesses of the
file(s) Plaintiff expected to at trial
testify
in this matter, to include all written documentation, reports, calculations,correspondence,
emails, notes, documents furnished to the expert for review, photographs,models, illustrations,
ETC. DO NOT REDACT ANY DOCUMENTS FROM THE EXPERT WITNESS FILE.
RESPONSE: Objection. This Respondent has not made a decision which, if any, expert
witness will be used at the trial of this matter. All expert witness disclosure will be
provided to Defendant in compliance with the Florida Rules of Civil Procedure and the
governing trial order issued by the Court in this matter. Those objections notwithstanding,
Respondent has nothing in her possession which would be responsive to this request.
13. The Current CV's/Resumes of any health care providerand/or any expert witness of the
Plaintiff expected to testifyat trial.
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RESPONSE: Objection. This Respondent has not made a decision which, if any, expert
witness will be used at the trial of this matter. All expert witness disclosure will be
provided to Defendant in compliance with the Florida Rules of Civil Procedure and the
governing trial order issued by the Court in this matter. Those objections notwithstanding,
Respondent has nothing in her possession which would be responsive to this request.
14. The Fee Schedule of any health care providerand/or any expert witness of the Plaintiff
expected to testifyat trial.
RESPONSE: Objection. This Respondent has not made a decision which, if any, expert
witness will be used at the trial of this matter. All expert witness disclosure will be
provided to Defendant in compliance with the Florida Rules of Civil Procedure and the
governing trial order issued by the Court in this matter. Those objectionsnotwithstanding,
Respondent has nothing in her possession which would be responsive to this request.
15. All bills for services prepared by any health care providerand/or any expert witness of the
Plaintiff expectedto testify
at trial.
RESPONSE: Objection. This Respondent has not made a decision which, if any, expert
witness will be used at the trial of this matter. All expert witness disclosure will be
provided to Defendant in compliance with the Florida Rules of Civil Procedure and the
governing trial order issued by the Court in this matter. Those objections notwithstanding,
Respondent has nothing in her possession which would be responsive to this request.
16. All Letters of Protection executed by the Plaintiff and/or Plaintiff's counsel with Plaintiff's
healthcare provider(s)relatingto the Plaintiff's medical treatment in this case.
RESPONSE: Attached.
17. A list of all cases in which the Plaintiff's health care provider and/or any expert witness
expected to testify
at trial has/have testified at trial during the last 3 years.
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RESPONSE: Objection. This Respondent has not made a decision which, if any, expert
witness will be used at the trial of this matter. All expert witness disclosure will be
provided to Defendant in compliance with the Florida Rules of Civil Procedure and the
governing trial order issued by the Court in this matter. Those objections notwithstanding,
Respondent has nothing in her possession which would be responsive to this request.
18. A list of all cases in which the Plaintiff's health care providerand/or any expert witness
expected to testifyat trial has/have given a depositionduring the last 3 years.
RESPONSE: Objection. This Respondent has not made a decision which, if any, expert
witness will be used at the trial of this matter. All expert witness disclosure will be
provided to Defendant in compliance with the Florida Rules of Civil Procedure and the
governing trial order issued by the Court in this matter. Those objectionsnotwithstanding,
Respondent has nothing in her possession which would be responsive to this request.
19. and Video/DVD recordingof any
Any transcript defense examination/evaluation in which
the Plaintiff attended in this case.
RESPONSE: Attached.
20. Any exhibits which the Plaintiff intends on using at trial.
RESPONSE: Objection. This Respondent has not made a decision which, if any,
documents and/or exhibits will be used at the trial of this matter. All trial exhibits will be
provided to Defendant in compliance with the Florida Rules of Civil Procedure and the
governing trial order issued by the Court in this matter. Those objections notwithstanding,
Respondent has nothing in her possession which would be responsive to this request.
21. All documents intended to be used for impeachment at trial or listed as impeachment exhibits
in the Plaintiff' s Exhibit List.
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RESPONSE: Objection. This Respondent has not made a decision which, if any,
documents and/or exhibits will be used at the trial of this matter. All trial exhibits will be
provided to Defendant in compliance with the Florida Rules of Civil Procedure and the
governing trial order issued by the Court in this matter. Those objections notwithstanding,
Respondent has nothing in her possession which would be responsive to this request.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was electronically
submitted on this 10th day ofMarch 2023 to: Esq.,Nicholas J. Ryan
Sheri L. Critelli, & Associates,
110 SE 6th Street, Suite 2100, Fort Lauderdale, FL 33301; flor.law-
shericritelli.2980 19@statefarm.com.
RUBENSTEIN LAW, P.A.
Attorneys for Plaintiff
9130 S Dadeland Blvd
Miami, Florida 33156
Tel: (305) 661-6000
Fax: (305) 670-7555
Email: klabertew@rubensteinlaw.corn
lbosch@rubensteinlaw.com
eservice@rubensteinlaw.com
By: /s/ Karl W. Labertew
KARL W. LABERTEW, B.C.S.
Florida Bar No.: 0615234
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Filing# 168476708 E-Filed 03/10/2023 12:15:36 PM IN THE CIRCUIT COURT FOR THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA ADRIANA HINCAPIE and NICOLAS HINCAPIE, CASE NO: CACE 21-016648 (14) Plaintiffs, V JOSEPH BERNARD WEZKIEWICZ, JR., JOSEPH BERNARD WEZKIEWICZ, III,and STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, A Foreign Corporation, Defendant. i PLAINTIFF'S, NICOLAS HINCAPIE, BETTER RESPONSE TO DEFENDANT'S UPDATED REQUEST FOR PRODUCTION COMES NOW, NICOLAS the Plaintiff, HINCAPIE, by and through the undersigned counsel, hereby files his better response to Defendant, JOSEPH BERNARD WEZKIEWICZ's, Updated Request for Production dated September 21,2022, as follows: 1. Any and all statements made by any Defendant, written or otherwise, in this lawsuit since the date o f the Plaintiff's last response and/or which were not previouslyproduced by the Plaintiff to the Defendant. RESPONSE: This respondent is not in possession of any documents responsive to this Request. 2. Laser color copies of any photographs of the accident scene, partiesor vehicles involved in the subject accident since the date of the Plaintiff's last response and/or which were not previouslyproduced by the Plaintiff to the Defendant. RESPONSE: Attached. *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 03/10/2023 12:15:35 PM.**** 3. All medical records to date relating to the Plaintiff's medical treatment for the subjectaccident since the date of the Plaintiff's last response and/or which were not previouslyproduced by the Plaintiff to the Defendant. RESPONSE: Attached. 4. All medical bills incurred by the Plaintiff as a result of the subject accident (whether previouslyproduced by the Plaintiff and/or Plaintiff's counsel duringthe subjectlawsuit). RESPONSE: Attached. 5. the total amount billed by each of the Plaintiff"s health care All medical bills reflecting providersfor the medical treatment received by the Plaintiff in the subjectaccident. RESPONSE: Attached. 6. the outstandingamount owed to each ofthe Plaintiff's health care All medical bills reflecting providersto date for the medical treatment received by the Plaintiff in the subjectaccident. RESPONSE: Attached. 7. A Summary of the Plaintiff's medical expenses to include the total amounts incurred to date by each health-care provider,and the outstandingbalances currentlyowed to each health-care providerin this case. RESPONSE: Attached. 8. All records of collateral source payments for damages claimed by the Plaintiff as a result of the subjectaccident (whether previouslyproduced by the Plaintiff and/or Plaintiff's counsel during the subjectlawsuit). RESPONSE: Attached. 9. All current liens (health, worker's compensation,Medicare, Medicaid, etc.)relating to the Plaintiff's medical bills incurred for the subjectaccident. RESPONSE: Attached. 2 10. If the Plaintiff is making a wage loss claim (pastor future)in this lawsuit,all Income Tax Returns, W-2's, 1099's and/or any other business and/or income records, evidencing the Plaintiff's past and future loss o f income. RESPONSE: Objection. Plaintiff is not making a wage loss claim or earnings capacity claim, therefore wage loss and/or tax information is not applicable to this case. 11. All reports preparedand/or furnished by the Plaintiff's expert witness(es)expectedto testify at trial in this case. RESPONSE: Objection. This Respondent has not made a decision which, if any, expert witness will be used at the trial of this matter. All expert witness disclosure will be provided to Defendant in compliance with the Florida Rules of Civil Procedure and the governing trial order issued by the Court in this matter. Those objectionsnotwithstanding, Respondent has nothing in her possession which would be responsive to this request. 12. The complete/entire of any expert witnesses of the file(s) Plaintiff expected to at trial testify in this matter, to include all written documentation, reports, calculations,correspondence, emails, notes, documents furnished to the expert for review, photographs,models, illustrations, ETC. DO NOT REDACT ANY DOCUMENTS FROM THE EXPERT WITNESS FILE. RESPONSE: Objection. This Respondent has not made a decision which, if any, expert witness will be used at the trial of this matter. All expert witness disclosure will be provided to Defendant in compliance with the Florida Rules of Civil Procedure and the governing trial order issued by the Court in this matter. Those objections notwithstanding, Respondent has nothing in her possession which would be responsive to this request. 13. The Current CV's/Resumes of any health care providerand/or any expert witness of the Plaintiff expected to testifyat trial. 3 RESPONSE: Objection. This Respondent has not made a decision which, if any, expert witness will be used at the trial of this matter. All expert witness disclosure will be provided to Defendant in compliance with the Florida Rules of Civil Procedure and the governing trial order issued by the Court in this matter. Those objections notwithstanding, Respondent has nothing in her possession which would be responsive to this request. 14. The Fee Schedule of any health care providerand/or any expert witness of the Plaintiff expected to testifyat trial. RESPONSE: Objection. This Respondent has not made a decision which, if any, expert witness will be used at the trial of this matter. All expert witness disclosure will be provided to Defendant in compliance with the Florida Rules of Civil Procedure and the governing trial order issued by the Court in this matter. Those objectionsnotwithstanding, Respondent has nothing in her possession which would be responsive to this request. 15. All bills for services prepared by any health care providerand/or any expert witness of the Plaintiff expectedto testify at trial. RESPONSE: Objection. This Respondent has not made a decision which, if any, expert witness will be used at the trial of this matter. All expert witness disclosure will be provided to Defendant in compliance with the Florida Rules of Civil Procedure and the governing trial order issued by the Court in this matter. Those objections notwithstanding, Respondent has nothing in her possession which would be responsive to this request. 16. All Letters of Protection executed by the Plaintiff and/or Plaintiff's counsel with Plaintiff's healthcare provider(s)relatingto the Plaintiff's medical treatment in this case. RESPONSE: Attached. 17. A list of all cases in which the Plaintiff's health care provider and/or any expert witness expected to testify at trial has/have testified at trial during the last 3 years. 4 RESPONSE: Objection. This Respondent has not made a decision which, if any, expert witness will be used at the trial of this matter. All expert witness disclosure will be provided to Defendant in compliance with the Florida Rules of Civil Procedure and the governing trial order issued by the Court in this matter. Those objections notwithstanding, Respondent has nothing in her possession which would be responsive to this request. 18. A list of all cases in which the Plaintiff's health care providerand/or any expert witness expected to testifyat trial has/have given a depositionduring the last 3 years. RESPONSE: Objection. This Respondent has not made a decision which, if any, expert witness will be used at the trial of this matter. All expert witness disclosure will be provided to Defendant in compliance with the Florida Rules of Civil Procedure and the governing trial order issued by the Court in this matter. Those objectionsnotwithstanding, Respondent has nothing in her possession which would be responsive to this request. 19. and Video/DVD recordingof any Any transcript defense examination/evaluation in which the Plaintiff attended in this case. RESPONSE: Attached. 20. Any exhibits which the Plaintiff intends on using at trial. RESPONSE: Objection. This Respondent has not made a decision which, if any, documents and/or exhibits will be used at the trial of this matter. All trial exhibits will be provided to Defendant in compliance with the Florida Rules of Civil Procedure and the governing trial order issued by the Court in this matter. Those objections notwithstanding, Respondent has nothing in her possession which would be responsive to this request. 21. All documents intended to be used for impeachment at trial or listed as impeachment exhibits in the Plaintiff' s Exhibit List. 5 RESPONSE: Objection. This Respondent has not made a decision which, if any, documents and/or exhibits will be used at the trial of this matter. All trial exhibits will be provided to Defendant in compliance with the Florida Rules of Civil Procedure and the governing trial order issued by the Court in this matter. Those objections notwithstanding, Respondent has nothing in her possession which would be responsive to this request. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was electronically submitted on this 10th day ofMarch 2023 to: Esq.,Nicholas J. Ryan Sheri L. Critelli, & Associates, 110 SE 6th Street, Suite 2100, Fort Lauderdale, FL 33301; flor.law- shericritelli.2980 19@statefarm.com. RUBENSTEIN LAW, P.A. Attorneys for Plaintiff 9130 S Dadeland Blvd Miami, Florida 33156 Tel: (305) 661-6000 Fax: (305) 670-7555 Email: klabertew@rubensteinlaw.corn lbosch@rubensteinlaw.com eservice@rubensteinlaw.com By: /s/ Karl W. Labertew KARL W. LABERTEW, B.C.S. Florida Bar No.: 0615234 6