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Filing # 187844234 E-Filed 12/12/2023 11:23:37 AM
IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT
IN AND FOR OSCEOLA COUNTY, FLORIDA
CIVIL DIVISION
LILIANA FANOUS,
Plaintiff,
v. CASE NO.: 2022-CA-00028-ON
SPEEDWAY LLC,
Defendants.
________________________________/
DEFENDANT’S PRE-TRIAL STATEMENT
Defendant, by and through the undersigned counsel and pursuant to the Court’s Uniform
Trial Order, filed on May 31, 2023, more specifically paragraph 8(a) therein, files the following
Pre-Trial Statement. Plaintiff has been non-responsive to our requests for a meeting and therefore
Defendant is filing this statement without input from the Plaintiff.
1. STATEMENT OF THE CASE:
This is a personal injury action brought by Plaintiff, LILIANA FANOUS, against Defendants,
SPEEDWAY, LLC (hereinafter “Speedway”). The incident giving rise to this lawsuit occurred on
September 20, 2020. Plaintiff alleges that Speedway was negligent and that she fell as a result.
Speedway denies any negligence. Speedway alleges that Plaintiff was comparatively negligent.
Speedway further denies that the injuries Plaintiff is claiming are causally related to the incident.
2. STATEMENT OF FACTS ADMITTED:
(A) Plaintiff was a business invitee of Speedway on September 20, 2020.
3. ISSUES OF FACT TO BE TRIED:
(A) Whether or not Defendant, Speedway, breached a legal duty owed to Plaintiff, Liliana Fanous
on September 20, 2020;
(B) Whether or not the September 20, 2020 incident was the legal cause of loss, injury or damage
to the Plaintiff, Liliana Fanous;
(C) Whether Plaintiff, Liliana Fanous, suffered loss, injury or damage as a result of the September
20, 2020 incident;
(D) What damages, if any is Plaintiff, Liliana Fanous, entitled to as a result of the September 20,
2020 incident consisting of the following:
i. Past and/or future medical expenses.
ii. Past and/or future pain and suffering, disability, physical impairment, disfigurement, mental
anguish, inconvenience, aggravation of a previously existing condition and loss of capacity for the
enjoyment of life sustained in the past and to be sustained in the future.
iii. Offset and/or deductions from verdict for settlement, offsets and collateral source benefits (via
post-trial motion), (E) Whether Plaintiff, Liliana Fanous, was himself negligent on September 20,
2020, which was the sole or a contributing cause of the alleged incident.
(F) What is the percentage of any negligence or fault on the part of Plaintiff, Liliana Fanous, which
was the legal cause of his damage.
4. ISSUE OF LAW OR EVIDENCE TO BE DETERMINED BY THE COURT PRIOR
TO OR DURING TRIAL:
i. Offset and/or deductions from verdict for settlement, offsets and collateral source benefits (via
post-trial motion);
ii. Defendant’s Omnibus Motions in Limine (see paragraph 13 below).
iii. The application of comparative fault or other provisions of Chapter 768, Fla. Stat.
5. ANNOTATED WITNESS AND EXHIBIT LISTS.
Plaintiff has not filed a Witness list.
Defendant’s Witness and Exhibit list is attached as Exhibit A
6. ANNOTATED EXHIBIT LISTS.
Plaintiff has not filed an Exhibit list.
Defendant’s Witness and Exhibit list is attached as Exhibit A
7. ALL STIPULATIONS ON EVIDENTIARY MATTERS (with specification of the
applicable matters to which the stipulation applies (i.e. authenticity, hearsay exceptions, etc.)
None.
8. PREEMPTORY CHALLENGES
Defendant requests each side is entitled to three (3) preemptory challenges.
9. NUMBER OF JURORS REQUESTED:
6 (six).
10. ESTIMATED TIME FOR TRIAL:
It is estimated the entire case will require three (3) days total.
11. A SPECIFICATION OF THE DAMAGES CLAIMED BY EACH PARTY.
Plaintiff, Liliana Fanous, claims damages in this action to include past and future medical
expenses; past and future earning capacity; as well as past and future pain and suffering, disability,
physical impairment, disfigurement, mental anguish, inconvenience, aggravation of a previously
existing condition and loss of capacity for the enjoyment to life sustained in the past and to be
sustained in the future.
Defendant, Speedway does not claim any damages in this action.
12. DESIGNATION OF LEAD TRIAL COUNSEL
Plaintiff, Liliana Fanous (pro-se)
Defendant, Brian Durham, Esquire
13. LIST OF OUTSTANDING MOTION(S); DATE TIME OF HEARING(S) OR
STATEMENT WHETHER EACH MOTION(S) IS/ARE
WAIVED/WITHDRAWN/MOOT.
- Defendant’s Omnibus Motions in Limine
- Defendant’s Motion for Final Summary Judgment and Supporting Memorandum of Legal
Authority
14. IDENTIFICATION OF THE SPECIFIC MATTERS ABOUT WHICH THE PARTIES WILL
ASK THE COURT TO TAKE JUDICIAL NOTICE UNDER SECTIONS 90.201 AND 90.202,
FLORIDA STATUTEs, with notation of all objections or agreements as to each by opposing counsel.
None.
15. OTHER MATTERS AGREED BY COUNSEL:
No records custodians are required at trial to authenticate records/documents/video/photos.
The parties shall share the costs of the court reporter for trial.
Respectfully submitted,
/s/ BRIAN J. DURHAM
BRIAN J. DURHAM, ESQUIRE
FBN: 493746
BOYD RICHARDS PARKER & COLONNELLI, PL
400 North Ashley Drive, Suite 1150
Tampa, FL 33602
(813) 223-6021 Fax: (813) 223-6024
bdurham@boydlawgroup.com
afreire@boydlawgroup.com
kbarberan@boydlawgroup.com
Attorneys for Defendant, Speedway LLC
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing document has been
electronically filed and served through the Florida eFiling Portal, this 12th day of December 2023, upon
the following:
Liliana Fanous - feedlover11@gmail.com
/s/ Brian J. Durham
Brian J. Durham, Esquire
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Filing # 187844234 E-Filed 12/12/2023 11:23:37 AM IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR OSCEOLA COUNTY, FLORIDA CIVIL DIVISION LILIANA FANOUS, Plaintiff, v. CASE NO.: 2022-CA-00028-ON SPEEDWAY LLC, Defendants. ________________________________/ DEFENDANT’S PRE-TRIAL STATEMENT Defendant, by and through the undersigned counsel and pursuant to the Court’s Uniform Trial Order, filed on May 31, 2023, more specifically paragraph 8(a) therein, files the following Pre-Trial Statement. Plaintiff has been non-responsive to our requests for a meeting and therefore Defendant is filing this statement without input from the Plaintiff. 1. STATEMENT OF THE CASE: This is a personal injury action brought by Plaintiff, LILIANA FANOUS, against Defendants, SPEEDWAY, LLC (hereinafter “Speedway”). The incident giving rise to this lawsuit occurred on September 20, 2020. Plaintiff alleges that Speedway was negligent and that she fell as a result. Speedway denies any negligence. Speedway alleges that Plaintiff was comparatively negligent. Speedway further denies that the injuries Plaintiff is claiming are causally related to the incident. 2. STATEMENT OF FACTS ADMITTED: (A) Plaintiff was a business invitee of Speedway on September 20, 2020. 3. ISSUES OF FACT TO BE TRIED: (A) Whether or not Defendant, Speedway, breached a legal duty owed to Plaintiff, Liliana Fanous on September 20, 2020; (B) Whether or not the September 20, 2020 incident was the legal cause of loss, injury or damage to the Plaintiff, Liliana Fanous; (C) Whether Plaintiff, Liliana Fanous, suffered loss, injury or damage as a result of the September 20, 2020 incident; (D) What damages, if any is Plaintiff, Liliana Fanous, entitled to as a result of the September 20, 2020 incident consisting of the following: i. Past and/or future medical expenses. ii. Past and/or future pain and suffering, disability, physical impairment, disfigurement, mental anguish, inconvenience, aggravation of a previously existing condition and loss of capacity for the enjoyment of life sustained in the past and to be sustained in the future. iii. Offset and/or deductions from verdict for settlement, offsets and collateral source benefits (via post-trial motion), (E) Whether Plaintiff, Liliana Fanous, was himself negligent on September 20, 2020, which was the sole or a contributing cause of the alleged incident. (F) What is the percentage of any negligence or fault on the part of Plaintiff, Liliana Fanous, which was the legal cause of his damage. 4. ISSUE OF LAW OR EVIDENCE TO BE DETERMINED BY THE COURT PRIOR TO OR DURING TRIAL: i. Offset and/or deductions from verdict for settlement, offsets and collateral source benefits (via post-trial motion); ii. Defendant’s Omnibus Motions in Limine (see paragraph 13 below). iii. The application of comparative fault or other provisions of Chapter 768, Fla. Stat. 5. ANNOTATED WITNESS AND EXHIBIT LISTS. Plaintiff has not filed a Witness list. Defendant’s Witness and Exhibit list is attached as Exhibit A 6. ANNOTATED EXHIBIT LISTS. Plaintiff has not filed an Exhibit list. Defendant’s Witness and Exhibit list is attached as Exhibit A 7. ALL STIPULATIONS ON EVIDENTIARY MATTERS (with specification of the applicable matters to which the stipulation applies (i.e. authenticity, hearsay exceptions, etc.) None. 8. PREEMPTORY CHALLENGES Defendant requests each side is entitled to three (3) preemptory challenges. 9. NUMBER OF JURORS REQUESTED: 6 (six). 10. ESTIMATED TIME FOR TRIAL: It is estimated the entire case will require three (3) days total. 11. A SPECIFICATION OF THE DAMAGES CLAIMED BY EACH PARTY. Plaintiff, Liliana Fanous, claims damages in this action to include past and future medical expenses; past and future earning capacity; as well as past and future pain and suffering, disability, physical impairment, disfigurement, mental anguish, inconvenience, aggravation of a previously existing condition and loss of capacity for the enjoyment to life sustained in the past and to be sustained in the future. Defendant, Speedway does not claim any damages in this action. 12. DESIGNATION OF LEAD TRIAL COUNSEL Plaintiff, Liliana Fanous (pro-se) Defendant, Brian Durham, Esquire 13. LIST OF OUTSTANDING MOTION(S); DATE TIME OF HEARING(S) OR STATEMENT WHETHER EACH MOTION(S) IS/ARE WAIVED/WITHDRAWN/MOOT. - Defendant’s Omnibus Motions in Limine - Defendant’s Motion for Final Summary Judgment and Supporting Memorandum of Legal Authority 14. IDENTIFICATION OF THE SPECIFIC MATTERS ABOUT WHICH THE PARTIES WILL ASK THE COURT TO TAKE JUDICIAL NOTICE UNDER SECTIONS 90.201 AND 90.202, FLORIDA STATUTEs, with notation of all objections or agreements as to each by opposing counsel. None. 15. OTHER MATTERS AGREED BY COUNSEL: No records custodians are required at trial to authenticate records/documents/video/photos. The parties shall share the costs of the court reporter for trial. Respectfully submitted, /s/ BRIAN J. DURHAM BRIAN J. DURHAM, ESQUIRE FBN: 493746 BOYD RICHARDS PARKER & COLONNELLI, PL 400 North Ashley Drive, Suite 1150 Tampa, FL 33602 (813) 223-6021 Fax: (813) 223-6024 bdurham@boydlawgroup.com afreire@boydlawgroup.com kbarberan@boydlawgroup.com Attorneys for Defendant, Speedway LLC CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing document has been electronically filed and served through the Florida eFiling Portal, this 12th day of December 2023, upon the following: Liliana Fanous - feedlover11@gmail.com /s/ Brian J. Durham Brian J. Durham, Esquire