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DOCKET NO.: NNH-CV-21-6117634-S : SUPERIOR COURT
CHERYL CHIARI-MCCARTHY : J.D. OF NEW HAVEN
V. : AT NEW HAVEN
EDGARDO HOYOS, et al. : NOVEMBER 15, 2023
MOTION FOR SANCTIONS FOR NON-COMPLIANCE WITH COURT'S
ORDER NO. 435705
On October 24, 2023, the defendants requested that this Court issue an order of
compliance compelling the plaintiff to produce records related to the plaintiff's prior right
knee treatment. In support of their motion, the defendants noted that the plaintiff
contended that injuries which she sustained in a motor vehicle accident involving the
defendants on October 1, 2019 caused her to require a total right knee replacement on
June 16, 2022.
During the course of discovery, the plaintiff did not disclose to the defendants that
she treated for a right knee injury prior to the accident in issue. Defendants learned,
however, that on June 11, 2019 - almost four months prior to the accident in issue - an
MRI of the plaintiff's right knee was taken. A report regarding that MRI referenced a
history of right knee pain, a hyperextension injury on stairs, and an osteochondral
fracture.
In its motion, the defendants indicated that they required the names of all physicians
and providers who reviewed the condition of the plaintiff's right knee prior to the
accident in issue, including, but not limited to, the physician who ordered it and the
plaintiff's primary care physician. They requested that the Court order the plaintiff to
supplement her answer to interrogatory 19 by identifying all prior knee conditions and
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treatment and all medical personnel who treated the plaintiff's knee prior to October 1,
2019, and order the plaintiff to provide the defendants with of copies of all records (or
authorizations to obtain records) related to right knee treatments prior to October 1, 2019.
On November 14, 2023, this Court issued order number 435705, which stated as
follows:
Compliance is ordered on or before November 13, 2023. If the moving party
does not receive compliance by that date, the moving party may file a motion
for sanctions pursuant to Practice Book Section 13-14 that refers to this
order. Absent proof of compliance on file before the motion appears on this
short calendar or a finding by this Court of good cause for any non-
compliance, sanctions will be ordered.
The plaintiff has not complied with the Court's order. Accordingly, the defendants
respectfully request that this Court issue an order:
(1) Dismissing the plaintiff’s suit; or alternatively,
(2) that it be established as a fact that the plaintiff's knee replacement surgery was
the result of knee conditions that existed prior to October 1, 2019, and that it
was not a result of the accident in issue in the above-styled action.
THE DEFENDANTS,
EDGARDO HOYOS AND EDAHOL
INDEPENDENT
DISTRIBUTOR, INC.
BY: /s/ Patrick J. Markey
Patrick J. Markey, Esquire
Markey Barrett, PC
360 Bloomfield Avenue, Suite 301
Windsor, CT 06095
Telephone: (860) 607-3265
Facsimile: (413) 273-7361
Juris No.: 435739
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CERTIFICATE OF SERVICE
I, Patrick J. Markey, Esquire, hereby certify that a copy of the above was mailed or
electronically delivered on November 15, 2023 to all counsel and pro se parties of record
as follows:
RJWeber@rjwlawyer.com
Svollero@rjwlawyer.com
Weber & Rubano, LLC
RJ Weber, III, Esq.
401 Center Street
Wallingford, CT 06492
/s/ Patrick J. Markey
Patrick J. Markey, Esquire
Juris No.: 435739
PM/ll M961768
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DOCKET NO.: NNH-CV-21-6117634-S : SUPERIOR COURT CHERYL CHIARI-MCCARTHY : J.D. OF NEW HAVEN V. : AT NEW HAVEN EDGARDO HOYOS, et al. : NOVEMBER 15, 2023 MOTION FOR SANCTIONS FOR NON-COMPLIANCE WITH COURT'S ORDER NO. 435705 On October 24, 2023, the defendants requested that this Court issue an order of compliance compelling the plaintiff to produce records related to the plaintiff's prior right knee treatment. In support of their motion, the defendants noted that the plaintiff contended that injuries which she sustained in a motor vehicle accident involving the defendants on October 1, 2019 caused her to require a total right knee replacement on June 16, 2022. During the course of discovery, the plaintiff did not disclose to the defendants that she treated for a right knee injury prior to the accident in issue. Defendants learned, however, that on June 11, 2019 - almost four months prior to the accident in issue - an MRI of the plaintiff's right knee was taken. A report regarding that MRI referenced a history of right knee pain, a hyperextension injury on stairs, and an osteochondral fracture. In its motion, the defendants indicated that they required the names of all physicians and providers who reviewed the condition of the plaintiff's right knee prior to the accident in issue, including, but not limited to, the physician who ordered it and the plaintiff's primary care physician. They requested that the Court order the plaintiff to supplement her answer to interrogatory 19 by identifying all prior knee conditions and Page 1 treatment and all medical personnel who treated the plaintiff's knee prior to October 1, 2019, and order the plaintiff to provide the defendants with of copies of all records (or authorizations to obtain records) related to right knee treatments prior to October 1, 2019. On November 14, 2023, this Court issued order number 435705, which stated as follows: Compliance is ordered on or before November 13, 2023. If the moving party does not receive compliance by that date, the moving party may file a motion for sanctions pursuant to Practice Book Section 13-14 that refers to this order. Absent proof of compliance on file before the motion appears on this short calendar or a finding by this Court of good cause for any non- compliance, sanctions will be ordered. The plaintiff has not complied with the Court's order. Accordingly, the defendants respectfully request that this Court issue an order: (1) Dismissing the plaintiff’s suit; or alternatively, (2) that it be established as a fact that the plaintiff's knee replacement surgery was the result of knee conditions that existed prior to October 1, 2019, and that it was not a result of the accident in issue in the above-styled action. THE DEFENDANTS, EDGARDO HOYOS AND EDAHOL INDEPENDENT DISTRIBUTOR, INC. BY: /s/ Patrick J. Markey Patrick J. Markey, Esquire Markey Barrett, PC 360 Bloomfield Avenue, Suite 301 Windsor, CT 06095 Telephone: (860) 607-3265 Facsimile: (413) 273-7361 Juris No.: 435739 Page 2 CERTIFICATE OF SERVICE I, Patrick J. Markey, Esquire, hereby certify that a copy of the above was mailed or electronically delivered on November 15, 2023 to all counsel and pro se parties of record as follows: RJWeber@rjwlawyer.com Svollero@rjwlawyer.com Weber & Rubano, LLC RJ Weber, III, Esq. 401 Center Street Wallingford, CT 06492 /s/ Patrick J. Markey Patrick J. Markey, Esquire Juris No.: 435739 PM/ll M961768 Page 3