Document for Heather Grant, et al Plaintiff vs. David Vadillo, et al Defendant

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                                Filing# 150900818 E-Filed 06/06/2022 11:28:59                AM

                                                                 IN THE CIRCUIT COURT OF THE            17
                                                                                                             th


                                                                 JUDICIAL CIRCUIT IN AND FOR
                                                                 BROWARD COUNTY, FLORIDA
                                                                 CASE NO..    21-009583 (21)

           HEATHER GRANT,

                       Plaintiff.

           VS.


           FRANCISO GABRIEL VADILLO
           and DAVID VADILLO

                       Defendants.
                                                         '



                PLAINTIFF'S CONDITIONAL OBJECTION TO DEFNEDANTS' REQUEST
                                          FOR RULE       1.360     EXAMINATION


                 Plaintiff   HEATHER GRANT, by and through undersigned counsel and pursuant to

           Rile 1.360(a)(1)(A)ofthe Florida Rules of Civil Procedure, hereby conditionally
                                                                                         objects

           to   Defendant     DAVID VADILLO's Notice of Defense NeurosurgicalExamination filed

           May 25,2022         and as grounds therefor   states as follows:


                 Defendant has noticed a Rule 1.360 examination of Plaintiff HEATHER GRANT to

           be performed on July 29, 2022       at   12:00 p.m. with Dr. Brett Osborn located at 7195    W
           Oakland Park Boulevard, Lauderhill,FL 33319.

           1.    Plaintiff   HEATHER GRANT hereby agrees to           attend said examination, without


                 waiving her objections,
                                       upon the followingreasonable conditions:

           a) Plaintiff intends to have third partiespresent at the examination,
                              a
                 specifically,videographer, court reporter and/or  undersigned attorney
                                     See Lunceford v. Florida Central Railroad, 71%
                 or his representative.
                 So.   2d 239 (Fla-5th DCA)




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          *** FILED:     BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 06/06/2022              11:28:59   AM.****
            b) Neither Plaintiff nor the undersignedwill pay any additional fee for
               exercisingthe above referenced legalrightsto have aforementioned
               third partiesof their choosing present;



            c)   No  agents of the Defense, other than the Defense Medical Examiner and
                 his/her staff will be present during the examination or questioning(See
                 Chavez v. J&.L Drywall, %58 So. 2d 1266 (Fla.1 st   DCA 2003);

                                                                    or intake forms
            d) Plaintiff will not complete any written questionnaires
                 other than for identification purposes;


            e) Plaintiff will only answer questionspertainingto medical and injury
               issues directly relevant to the proposed medical examination;




            f) Defendant will furnish to Plaintiff a copy of the examiner's report within
               thirty(30) days ofthe date of examination or within ten (10) days of
                 receivingit from the    CME doctor,whichever occurs first.

            g)   Plaintiff will not   be providingany documents to the   CME doctor as it is
                 Defendant's responsibility   to providesame to its retained expertCME
                 doctor. Plaintiff is not responsiblefor bringingdocuments, X-rays, MRI
                 films or any other item to the    CME.


            h) Plaintiff will not discuss with the CME doctor her version of how the
               subjectcollision occurred, other than to provide a description  of the
               mechanism of injury.Liability    issues are irrelevant to the CME
                 examination.


            i) Counsel for the Defense is responsible             the
                                                      for notifying         CME doctor of
               these conditions and any orders entered thereon.


                                                wit! attend and participatein the
  Absent a Court Order to the contrary, Plaintiff


requestedexamination so long as Defendant 's and the Defense Medical Examiner

comply with the conditions stated herein. Furthermore,                         reserves the
                                                           Plaintiff specifically



                    objectto this requested defense medical examination in
rightto retroactively                                                           its   entirety




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and seek    to bar   any evidence of same should Defendants belatedlyviolate the terms of

this conditional     objectionor the terms of any applicableCourt Order.




                               CERTIFICATE OF SERVICE

        I   HEREBY CERTIFY that on this 6th day of June,              2022 a true and correct


copy of the foregoingwas electronically
                                      filed with the Florida Court's E-filingPortal,


which   produces        a     Service    of   Court   Document   to     Counsel   for   Defendants,

FRANCISCO VADILLO                  and   DAVID VADILLO       -
                                                                 George L. Fernandez, Esq./Jamie

E.   Campos, Esq.        at     gfernandez@OPWBLAW.com,

ivette.galante@OPWBLAW.com and bfetokakis-fernandez@OPWBLAW.com:


                                                                      is/Jon   A.Zmck.Esq.
                                                                      Jon A. Zepnick, Esq.
                                                                      Florida Bar No.. 586951
                                                                      ANSEL & MILLER, LLC
                                                                      Counsel for the Plaintiff
                                                                      1939 Tyler Street
                                                                      Hollywood, Florida 33020
                                                                      Phone: (954) 922-9100
                                                                      Fax: (954) 922-9176
                                                                      jonzepnick@anselmiller.com
                                                                      maketheca1103@aol.com
                                                                      rshields@anselmiller.com




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