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Filing #47561704 E-Filed 10/13/2016 11:19:58 AM
OMOREGIE, Uwadiae B. v. KOZA, Yefim
Case No.: 502016CA009367XXXXMB
IN THE CIRCUIT COURT OF THE 15TH
JUDICIAL CIRCUIT, IN AND FOR PALM
BEACH COUNTY, FLORIDA
UWADIAE B. OMOREGIE, CASE NO.: 502016CA009367XXXXMB
Plaintiff,
vs.
PY
YEFIM KOZA &
EFN INVESTMENTS LLC,
CO
Defendants.
MOTION TO REQUIRE TIMELY
D
COMPULSORY PHYSICAL EXAM
AND SURVEILLANCE IE
COMES NOW Plaintiff, UWADIAE B. OMOREGIE, by and through the
IF
undersigned counsel, and hereby files this his Motion to Require Timely Compulsory
RT
Physical Exam and Surveillance by the defense, and as grounds, therefore, would state:
CE
1. This case involves a claim for an injury arising out of an automobile
accident.
A
2. Usually the defense requests a compulsory physical examination in cases
T
of this type, unless the claim is settled in the early stages of litigation.
O
3. All too often, Plaintiff's counsel has run into the situation wherein defense
N
attorneys file a whole list of potential defense doctors on their witness list, since, by that
time, they have not yet requested a compulsory physical examination, and they do not
know which doctor will be available forthat purpose.
4. While the Courts normally require all witnesses and opinions be timely
disclosed, based on appellate case law, witnesses are not usually excluded absent
FILED: PALM BEACH COUNTY, FL, SHARON R. BOCK, CLERK, 10/13/2016 11:19:58 AM
OMOREGIE, Uwadiae B. v. KOZA, Yefim
Case No.: 502016CA009367XXXXMB
clear cut prejudice which is often difficult to prove.
5. Nevertheless, it is inherently unfair to allow Defendants to wait until after
PY
disclosure of witnesses are due, before they are even required to have a compulsory
physical examination conducted. It seems only reasonable to this attorney that if the
CO
Court orders that expert witnesses and their opinions need to be disclosed by a certain
date, that the defense likewise be required to have completed all defense medical
D
exams and, if requested, have produced the opinion resulting from that exam by the
time for disclosure of witnesses.
IE
IF
6. In an attempt to avoid this continuing problem, Plaintiff would request an
RT
order that all defense medical exams be completed and reports issued no later than the
time set for disclosure of witnesses, and in failing to comply with such order, the
CE
defense will be held to have waived its right to any such exam.
7. Another issue that comes up with great frequency concerns the use of
A
surveillance film. Counsel is well aware of the fact that such film is work product unless
T
O
it is used at trial. Often, however, defense attorneys hold such film, and sometimes do
N
not even obtain such film until the eve of trial, thereby precluding a full and fair
investigation into the circumstances surrounding such surveillance by Plaintiffs counsel.
Plaintiff would ask only that if Defendant obtains such surveillance and intends to use
same at trial, that such surveillance be disclosed, along with the name and address of
the person conducting the surveillance, and a copy of any such films be made available
OMOREGIE, Uwadiae B. v. KOZA, Yefim
Case No.: 502016CA009367XXXXMB
to Plaintiffs counsel at least 120 days prior to trial.
WHEREFORE, the undersigned respectfully requests this Court to enter its order
pursuant to the foregoing.
I HEREBY CERTIFY that a true and correct copy of the foregoing has been
furnished by mail this 13th day of October, 2016 to: Freddy Rhoads, Esq., RHOADS
LAW GROUP, P.A., 6701 S. Dixie Highway Suite 1, West Palm Beach, FL 33405,
freddy@rhoadslawgroup.com;assitant1@rhoadslawgroup.com; Steven H. Osber, Esq.,
PY
KELLEY KRONENBERG, P.A., 8201 Peters Road, Suite 4000, Fort Lauderdale, FL
33324,
sosber@kelleykronenberg.com;msuarez@kelleykronenberg.com;SHOservice@kelleykr
CO
onenberg.com
D
ABELLON, P.A.
IE
2119 South Dixie Highway, Building II
West Palm Beach, FL 33401
Tel: (561>2Crr^95 /
/
IF
Fax: (&1) 282-0202 ) /
Email: court@abfellQFdaw.coni/
RT
Email: clerk@apeBonlaw.coDn <
CE
BY: Joseph Cichow;
FBN: 0193641 /
A
T
O
N
Preview
Filing #47561704 E-Filed 10/13/2016 11:19:58 AM OMOREGIE, Uwadiae B. v. KOZA, Yefim Case No.: 502016CA009367XXXXMB IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA UWADIAE B. OMOREGIE, CASE NO.: 502016CA009367XXXXMB Plaintiff, vs. PY YEFIM KOZA & EFN INVESTMENTS LLC, CO Defendants. MOTION TO REQUIRE TIMELY D COMPULSORY PHYSICAL EXAM AND SURVEILLANCE IE COMES NOW Plaintiff, UWADIAE B. OMOREGIE, by and through the IF undersigned counsel, and hereby files this his Motion to Require Timely Compulsory RT Physical Exam and Surveillance by the defense, and as grounds, therefore, would state: CE 1. This case involves a claim for an injury arising out of an automobile accident. A 2. Usually the defense requests a compulsory physical examination in cases T of this type, unless the claim is settled in the early stages of litigation. O 3. All too often, Plaintiff's counsel has run into the situation wherein defense N attorneys file a whole list of potential defense doctors on their witness list, since, by that time, they have not yet requested a compulsory physical examination, and they do not know which doctor will be available forthat purpose. 4. While the Courts normally require all witnesses and opinions be timely disclosed, based on appellate case law, witnesses are not usually excluded absent FILED: PALM BEACH COUNTY, FL, SHARON R. BOCK, CLERK, 10/13/2016 11:19:58 AM OMOREGIE, Uwadiae B. v. KOZA, Yefim Case No.: 502016CA009367XXXXMB clear cut prejudice which is often difficult to prove. 5. Nevertheless, it is inherently unfair to allow Defendants to wait until after PY disclosure of witnesses are due, before they are even required to have a compulsory physical examination conducted. It seems only reasonable to this attorney that if the CO Court orders that expert witnesses and their opinions need to be disclosed by a certain date, that the defense likewise be required to have completed all defense medical D exams and, if requested, have produced the opinion resulting from that exam by the time for disclosure of witnesses. IE IF 6. In an attempt to avoid this continuing problem, Plaintiff would request an RT order that all defense medical exams be completed and reports issued no later than the time set for disclosure of witnesses, and in failing to comply with such order, the CE defense will be held to have waived its right to any such exam. 7. Another issue that comes up with great frequency concerns the use of A surveillance film. Counsel is well aware of the fact that such film is work product unless T O it is used at trial. Often, however, defense attorneys hold such film, and sometimes do N not even obtain such film until the eve of trial, thereby precluding a full and fair investigation into the circumstances surrounding such surveillance by Plaintiffs counsel. Plaintiff would ask only that if Defendant obtains such surveillance and intends to use same at trial, that such surveillance be disclosed, along with the name and address of the person conducting the surveillance, and a copy of any such films be made available OMOREGIE, Uwadiae B. v. KOZA, Yefim Case No.: 502016CA009367XXXXMB to Plaintiffs counsel at least 120 days prior to trial. WHEREFORE, the undersigned respectfully requests this Court to enter its order pursuant to the foregoing. I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by mail this 13th day of October, 2016 to: Freddy Rhoads, Esq., RHOADS LAW GROUP, P.A., 6701 S. Dixie Highway Suite 1, West Palm Beach, FL 33405, freddy@rhoadslawgroup.com;assitant1@rhoadslawgroup.com; Steven H. Osber, Esq., PY KELLEY KRONENBERG, P.A., 8201 Peters Road, Suite 4000, Fort Lauderdale, FL 33324, sosber@kelleykronenberg.com;msuarez@kelleykronenberg.com;SHOservice@kelleykr CO onenberg.com D ABELLON, P.A. IE 2119 South Dixie Highway, Building II West Palm Beach, FL 33401 Tel: (561>2Crr^95 / / IF Fax: (&1) 282-0202 ) / Email: court@abfellQFdaw.coni/ RT Email: clerk@apeBonlaw.coDn < CE BY: Joseph Cichow; FBN: 0193641 / A T O N