Preview
Filing# 150030065 E-Filed 05/20/2022 03:28:44 PM
IN THE CIRCUIT COURT OF THE
SEVENTEENTH JUDICIAL CIRCUIT IN AND
FOR BROWARD COUNTY, FLORIDA
CASE NO- CACE 21-016648 (14)
ADRIANA HINCAPIE AND NICOLAS
HINCAPIE,
Plaintiffs,
VS.
JOSEPH BERNARD WEZKIEWICZ,
Defendant.
i
DEFENDANT'S RESPONSE TO PLAINTIFFS'
PRE-TRIAL REQUEST FOR PRODUCTION
COMES NOW the Defendant, JOSEPH BERNARD WEZKIEWICZ (hereinafter
"Defendant"),by and through his undersigned attorneys, files his Response to the Plaintiff's,
ADRIANA HINCAPIE AND NICOLAS HINCAPIE Pre-Trial
(hereinafter"Plaintiffs"),
Request for Production dated April 13,2022, and states as follows:
1. Full page, color copies o f all photographs depicting property damage to Plaintiff' s
vehicle.
Please refer to the photographs which were produced in Defendant's Response to
Plaintiffs' First Request for Production dated 10/22/21.
The Defendant objects to the remainder of said Request as violating the work-
product privilege of this Defendant. Any photographs which the Defendant intends
to use at trial will be disclosed pursuant to the Trial Order. However, without
waiving said objection,the Defendant has twelve (12) photographs of the Plaintiff's
vehicle which are believed to have been taken by Michael Dean of State Farm on or
about 7/31/20 or Levy Auto Collision (unknown as to photographer or date taken).
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 05/20/2022 03:28:45 PM.****
CASE NO- CACE 21-016648 (14)
2. Full page, color copies of all photographs depictingproperty damage to Defendant's
vehicle.
Please refer to the photographs which were produced in Defendant's Response to
Plaintiffs' First Request for Production dated 10/22/21.
The Defendant objects remainder of said Request as violatingthe work-
to the
product privilegeof this Defendant. Any photographs which the Defendant intends
to use at trial will be disclosed pursuant to the Trial Order. However, without
waiving said objection, the Defendant has twenty-one (21) photographs of the
vehicle which the Defendant was driving which are believed to have been taken by
Jim Lawless of State Farm on or about 7/28/20. The Defendant's father, Joseph
Bernard Wezkiewicz, Jr., took one (1) photograph of his vehicle.
3. Any and all video tapes of the Plaintiff' s deposition.
The Plaintiffs can obtain copies of the Plaintiffs' video depositions from Esquire
Deposition Solutions.
4. Any and all surveillance video tape taken ofthe Plaintiff.
Objection. Work product. Disclosure of surveillance will be made in accordance
with Dotson v. Persell, 390 So.2d704 (Fla.1980) and the pre-trialorder, once a
determination is made as to whether the surveillance will be used at trial. The
surveillance was conducted by Shannon Investigations,Inc.
5. Any and all surveillance photographs taken ofthe Plaintiff.
Objection. Work product. Disclosure of surveillance will be made in accordance
with Dotson v. Persell, 390 So.2d704 (Fla.1980) and the pre-trial order, once a
determination is made as to whether the surveillance will be used at trial. The
surveillance was conducted by Shannon Investigations,Inc.
6. Any diagrams,sketches, and/or photographsof the scene of the July 26,2020 collision.
The Defendant objects to this
Request as violatingthe work-product privilege of this
Defendant. Any photographs which the Defendant intends to use at trial will be
disclosed pursuant to the Trial Order. However. without waivin? said obiection. none
other than the diajzram contained in the Florida Traffic Crash Report which was
produced in Defendant's Response to Plaintiffs' First Request for Production dated
10/22/21.
I HEREBY CERTIFY that on May 20, 2022, the foregoingwas electronically filed with
the Florida Courts E-Filing Portal and that as a registeredparticipantof the Portal I have
effectuated service through the Portal in compliance with Rule 2.516, Fla. R. Jud. Admin., on
CASE NO- CACE 21-016648 (14)
Miriam Fresco Agrait, Esq., eservice@rubensteinlaw.com,emsantana@rubensteinlaw.com,
mfagrait@rubensteinlaw.com,Rubenstein Law, P.A., 9130 S. Dadeland Blvd, PH, Miami, FL
33156.
NICHOLAS J. RYAN & ASSOCIATES
110 2100
S. E. 6th Street,Suite
Fort Lauderdale, FL 33301
Telephone: (954) 627-9401
E-mail for service (FL R. Jud. Admin. 2.516).
flor.law-shericritelli.2980 19@statefarm.com
Juul.CiADU
Sheri L. Critelli,
Esq.
Florida Bar No.. 813508
Attorney for Defendant
Attorneys and Staff of Nicholas J. Ryan & Associates are Employees
of the Law Department of State Farm Mutual Automobile Insurance
Company
Preview
Filing# 150030065 E-Filed 05/20/2022 03:28:44 PM IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CASE NO- CACE 21-016648 (14) ADRIANA HINCAPIE AND NICOLAS HINCAPIE, Plaintiffs, VS. JOSEPH BERNARD WEZKIEWICZ, Defendant. i DEFENDANT'S RESPONSE TO PLAINTIFFS' PRE-TRIAL REQUEST FOR PRODUCTION COMES NOW the Defendant, JOSEPH BERNARD WEZKIEWICZ (hereinafter "Defendant"),by and through his undersigned attorneys, files his Response to the Plaintiff's, ADRIANA HINCAPIE AND NICOLAS HINCAPIE Pre-Trial (hereinafter"Plaintiffs"), Request for Production dated April 13,2022, and states as follows: 1. Full page, color copies o f all photographs depicting property damage to Plaintiff' s vehicle. Please refer to the photographs which were produced in Defendant's Response to Plaintiffs' First Request for Production dated 10/22/21. The Defendant objects to the remainder of said Request as violating the work- product privilege of this Defendant. Any photographs which the Defendant intends to use at trial will be disclosed pursuant to the Trial Order. However, without waiving said objection,the Defendant has twelve (12) photographs of the Plaintiff's vehicle which are believed to have been taken by Michael Dean of State Farm on or about 7/31/20 or Levy Auto Collision (unknown as to photographer or date taken). *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 05/20/2022 03:28:45 PM.**** CASE NO- CACE 21-016648 (14) 2. Full page, color copies of all photographs depictingproperty damage to Defendant's vehicle. Please refer to the photographs which were produced in Defendant's Response to Plaintiffs' First Request for Production dated 10/22/21. The Defendant objects remainder of said Request as violatingthe work- to the product privilegeof this Defendant. Any photographs which the Defendant intends to use at trial will be disclosed pursuant to the Trial Order. However, without waiving said objection, the Defendant has twenty-one (21) photographs of the vehicle which the Defendant was driving which are believed to have been taken by Jim Lawless of State Farm on or about 7/28/20. The Defendant's father, Joseph Bernard Wezkiewicz, Jr., took one (1) photograph of his vehicle. 3. Any and all video tapes of the Plaintiff' s deposition. The Plaintiffs can obtain copies of the Plaintiffs' video depositions from Esquire Deposition Solutions. 4. Any and all surveillance video tape taken ofthe Plaintiff. Objection. Work product. Disclosure of surveillance will be made in accordance with Dotson v. Persell, 390 So.2d704 (Fla.1980) and the pre-trialorder, once a determination is made as to whether the surveillance will be used at trial. The surveillance was conducted by Shannon Investigations,Inc. 5. Any and all surveillance photographs taken ofthe Plaintiff. Objection. Work product. Disclosure of surveillance will be made in accordance with Dotson v. Persell, 390 So.2d704 (Fla.1980) and the pre-trial order, once a determination is made as to whether the surveillance will be used at trial. The surveillance was conducted by Shannon Investigations,Inc. 6. Any diagrams,sketches, and/or photographsof the scene of the July 26,2020 collision. The Defendant objects to this Request as violatingthe work-product privilege of this Defendant. Any photographs which the Defendant intends to use at trial will be disclosed pursuant to the Trial Order. However. without waivin? said obiection. none other than the diajzram contained in the Florida Traffic Crash Report which was produced in Defendant's Response to Plaintiffs' First Request for Production dated 10/22/21. I HEREBY CERTIFY that on May 20, 2022, the foregoingwas electronically filed with the Florida Courts E-Filing Portal and that as a registeredparticipantof the Portal I have effectuated service through the Portal in compliance with Rule 2.516, Fla. R. Jud. Admin., on CASE NO- CACE 21-016648 (14) Miriam Fresco Agrait, Esq., eservice@rubensteinlaw.com,emsantana@rubensteinlaw.com, mfagrait@rubensteinlaw.com,Rubenstein Law, P.A., 9130 S. Dadeland Blvd, PH, Miami, FL 33156. NICHOLAS J. RYAN & ASSOCIATES 110 2100 S. E. 6th Street,Suite Fort Lauderdale, FL 33301 Telephone: (954) 627-9401 E-mail for service (FL R. Jud. Admin. 2.516). flor.law-shericritelli.2980 19@statefarm.com Juul.CiADU Sheri L. Critelli, Esq. Florida Bar No.. 813508 Attorney for Defendant Attorneys and Staff of Nicholas J. Ryan & Associates are Employees of the Law Department of State Farm Mutual Automobile Insurance Company