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Filing # 185457607 E-Filed 11/03/2023 04:21:35 PM
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 SPEEDWAY LLC’S WITNESS
AND EXHIBIT LIST
Defendant, SPEEDWAY LLC, by and through its undersigned counsel and
pursuant to this Court’s Uniform Order Setting Case for Jury Trial entered on
May 31, 2023, hereby submits the following list of witnesses who may be
called at the trial of this action, and the following list of exhibits which may be
presented at the trial of this action, as follows:
WITNESS LIST
1. Liliana Fanous Plaintiff
c/o Plaintiff’s counsel
2. Corporate Representative Defendant
Speedway LLC
c/o undersigned counsel
3. Speedway Employee
Ismarieli Rivera
c/o undersigned counsel
Former Speedway Employees
Elizabeth Castro
1123 Cobblestone Circle, Apt A
Kissimmee, FL 34744
Derek Hodges
2216 Villa Verano Way
Kissimmee, FL 34744
Esteban Leon
694 Michigan Court, Apt 2
Saint Cloud, FL 34769
4. The following facilities and healthcare providers of the Plaintiff, including
any and all persons providing treatment at these facilities even if unnamed:
a. Osceola County Fire Rescue, 2586 Partin Settlement Rd, Kissimmee,
FL 34744;
b. Poinciana Medical Center, 325 Cypress Pkwy, Kissimmee, FL 34759;
c. ORL Spine & Orthopedic Specialist, 6427 Westwood Blvd., Orlando,
FL 32821;
d. NSI NeuroSkeletal Imaging of Melbourne, 2222 S. Harbor City Blvd.,
Suite 520, Melbourne, FL 32901;
e. MRL Spine and Orthopaedic Specialist, 2090 Palm Beach Lake, Blvd,
Suite 202, West Palm Beach, FL 33409;
f. MIAVIP Medical Staffing, 5944 Coral Ridge Drive, #170, Coral
Springs, FL 33076;
g. MID Florida Ortho, 2571 W Eau Gallie Blvd, Melbourne, FL 32935;
h. Heart and Vein Vascular, 2170 W State Road 434, Suite 190,
Longwood, FL 32779;
i. Surgery Center of Witner Park, 4355 Bear Gully Rd., Winter Park, FL
32792;
j. Cora Health, 1207 N Central Ave, Kissimmee, FL 34741;
k. CIMA Medical Center, 175 Westward Dr., Miami Springs, FL 33166;
l. Advanced Diagnostic Group, 56 W Oak St., Kissimmee FL 34741;
m. Any and all healthcare facilities and provider that have provided any
treatment to the Plaintiff that have not yet been identified.
5. Records custodians and corporate representatives for the following past
employers of the Plaintiff:
a. Affinity Care of New Jersey 313 Madison Ave Perth Amboy, NJ 08861;
b. Elite Global LLC, 2128 Walden Park Circle, Apt. 201, Kissimmee, FL
34744;
c. Trilogy Orlando 100 Falling Acorn Ave Groveland, FL 34736;
d. American In Home Care 3670 Maguire Blvd Suite 100 Orlando, FL
32803;
e. HCA Florida Poinciana Hospital 325 Cypress Pkwy, Kissimmee, FL
34759;
f. MCO Orlando International Airport 1 Jeff Fuqua Blvd Orlando, FL
32827.
6. Any and all relevant insurance providers for the Plaintiff and related
records custodians, including, but not limited to:
a. Oscar Health, Inc., 75 Varick Street 5th Floor New York, NY 10013.
7. Witnesses listed on the Plaintiff’s Witness List, reserving all objections
thereto.
8. Any and all authentication witnesses.
9. Defendant reserves the right to amend this Witness List to include any
and all currently unknown witnesses who may be disclosed in discovery
subsequent to this filing.
10. Defendant reserves the right to call impeachment and/or rebuttal
witnesses necessary for impeachment and/or rebuttal in conformance with
Binger v. King Pest Control, 401 So. 2d 1310, 1314 (Fla. 1981).
11. Defendant reserves the right to amend this Witness List to include any
person identified in any deposition, answer to interrogatory, response to non-
party production, Request to Produce or other document produced in this
action.
12. Defendant reserves the right to amend this Witness List to include any
and all persons or entities named in any depositions, answers to
interrogatories, or other discovery taken in this matter, reserving all
objections thereto.
15. Any and all medical providers, treating physicians, medical personnel,
and records custodians listed by the Plaintiff, reserving all objections thereto.
13. Defendant reserves the right to amend this Witness List to include any
witness identified in medical, employment, or tax records not yet produced.
14. Any and all expert witnesses disclosed by the Plaintiff, reserving all
objections thereto.
16. Defendant reserves the right to supplement and/or amend this Witness
List with proper notice to the Plaintiff.
EXHIBIT LIST
1. Any and all discovery propounded by the parties including the
corresponding answers, responses, and responsive documents.
2. Any and all requests for admissions and responses thereto in this case.
3. Any and all responses to subpoenas which were directed to non-parties
in this case.
4. Any and all documents related to medical records or medical billing
concerning treatment or services rendered to the Plaintiff, including, but not
limited to, the following:
a. Osceola County Fire Rescue, 2586 Partin Settlement Rd, Kissimmee,
FL 34744;
b. Poinciana Medical Center, 325 Cypress Pkwy, Kissimmee, FL 34759;
c. ORL Spine & Orthopedic Specialist, 6427 Westwood Blvd., Orlando,
FL 32821;
d. NSI NeuroSkeletal Imaging of Melbourne, 2222 S. Harbor City Blvd.,
Suite 520, Melbourne, FL 32901;
e. MRL Spine and Orthopaedic Specialist, 2090 Palm Beach Lake, Blvd,
Suite 202, West Palm Beach, FL 33409;
f. MiAVIP Medical Staffing, 5944 Coral Ridge Drive, #170, Coral
Springs, FL 33076;
g. MID Florida Ortho, 2571 W Eau Gallie Blvd, Melbourne, FL 32935;
h. Heart and Vein Vascular, 2170 W State Road 434, Suite 190,
Longwood, FL 32779;
i. Surgery Center of Witner Park, 4355 Bear Gully Rd., Winter Park, FL
32792;
j. Cora Health, 1207 N Central Ave, Kissimmee, FL 34741;
k. CIMA Medical Center, 175 Westward Dr., Miami Springs, FL 33166;
l. Advanced Diagnostic Group, 56 W Oak St., Kissimmee FL 34741;
m. Any and all healthcare facilities and provider that have provided any
treatment to the Plaintiff that have not yet been identified.
5. Any and all health insurance records, including subrogees and liens,
concerning treatment or services rendered to the Plaintiff for any insurance
providers identified above and/or those that have not yet been identified.
6. Any and all photographs, films, videos and/or diagrams in either the
Plaintiff’s or Defendant’s possession of the parties and scene of the incident.
7. Any and all tax returns of the Plaintiff.
8. Any and all photographs, films, videos and/or diagrams of Liliana
Fanous’ injuries relating to this incident in either the Plaintiff’s or Defendant’s
possession.
9. Any and all social media posts, statements, photographs, etc., related
to the Plaintiff, whether or not from an account held by the Plaintiff, including,
but not limited to Plaintiff’s Facebook account.
10. Any and all applicable Florida Statutes and local ordinances.
11. Any and all papers, writings, articles, and publications of those listed as
witnesses on the witness list and expert list by any party.
12. Any and all records, reports, data, and exhibits used or prepared by
experts.
13. Any and all diagrams, reports, blow-ups, etc., if any, pertaining to the
incident in question prepared by any expert.
14. Demonstrative evidence including, but not limited to, models, slides,
charts, diagrams, photographs, and enlargements of same for medical,
liability and economic testimony by expert witnesses.
15. Any and all releases, indemnification agreements, Mary Carter
Agreements and suit limitation agreements signed by the Plaintiff and/or his
representatives in favor of any individual and/or party for damages which
allegedly arose out of the issues as contained in the pleadings in this cause.
16. Any and all collateral source records, including bills, payments,
applications for benefits, payment records, computer data and/or printouts,
drafts, checks, files, and correspondence.
17. Copies of any and all incident reports related to the incident which is the
subject of Plaintiff’s Complaint, unless covered by attorney-client or work-
product privilege.
18. Any and all correspondence between the parties.
19. A.M.A. Guide to the Evaluation of Permanent Impairment Florida
Impairment Guide.
20. Mortality tables.
21. Any and videotape/films and still photos taken by or of Plaintiff.
22. Any and all videotape/films and still photos taken by or of Plaintiff,
including closed circuit video footage of the incident described in the
Complaint.
23. Any and all records of mailing.
24. All documents produced by an expert retained or called by any party in
response to a subpoena, or any documents that would have been discoverable
and admissible, including, but not limited to, curriculum vitae, reports,
publications, or any documentation that may have been relied on by the
expert in reaching his/her opinion.
25. Anatomical models or charts of the human body and/or skeletal devices.
26. All deposition transcripts in this cause, including all exhibits that are
identified, incorporated, referenced and/or attached to said depositions.
27. All medical records of all Plaintiff’s physicians and hospitals/treating
facilities.
28. Any and all diagnostic studies and related records or reports, including,
but not limited to, CT scans, EMG studies, EEG studies, x-rays films, MRI films.
29. Any and all models, charts, maps, plats, devices, and records which may
be used by witnesses call by Plaintiff or Defendant, expert or otherwise, during
their testimony.
30. Those exhibits that may become necessary for impeachment or rebuttal
purposes.
31. Any and all pleadings filed by the parties.
32. Any and all collateral source policies and records pertaining to the
Plaintiff.
33. Blowups of deposition testimony.
34. Blowups of Plaintiff’s medical records.
35. Blowups of photographs of the Plaintiff’s injury.
36. Blowups of photographs submitted by the Parties in response to
discovery.
37. All exhibits listed in the Plaintiff’s Exhibit List
Defendant reserves the right to supplement and/or amend this Exhibit
List with proper notice to the Plaintiff.
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 3rd day of November 2023, upon the following:
Liliana Fanous - feedlover11@gmail.com
/s/ Brian J. Durham
Brian J. Durham, Esquire
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Filing # 185457607 E-Filed 11/03/2023 04:21:35 PM 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 SPEEDWAY LLC’S WITNESS AND EXHIBIT LIST Defendant, SPEEDWAY LLC, by and through its undersigned counsel and pursuant to this Court’s Uniform Order Setting Case for Jury Trial entered on May 31, 2023, hereby submits the following list of witnesses who may be called at the trial of this action, and the following list of exhibits which may be presented at the trial of this action, as follows: WITNESS LIST 1. Liliana Fanous Plaintiff c/o Plaintiff’s counsel 2. Corporate Representative Defendant Speedway LLC c/o undersigned counsel 3. Speedway Employee Ismarieli Rivera c/o undersigned counsel Former Speedway Employees Elizabeth Castro 1123 Cobblestone Circle, Apt A Kissimmee, FL 34744 Derek Hodges 2216 Villa Verano Way Kissimmee, FL 34744 Esteban Leon 694 Michigan Court, Apt 2 Saint Cloud, FL 34769 4. The following facilities and healthcare providers of the Plaintiff, including any and all persons providing treatment at these facilities even if unnamed: a. Osceola County Fire Rescue, 2586 Partin Settlement Rd, Kissimmee, FL 34744; b. Poinciana Medical Center, 325 Cypress Pkwy, Kissimmee, FL 34759; c. ORL Spine & Orthopedic Specialist, 6427 Westwood Blvd., Orlando, FL 32821; d. NSI NeuroSkeletal Imaging of Melbourne, 2222 S. Harbor City Blvd., Suite 520, Melbourne, FL 32901; e. MRL Spine and Orthopaedic Specialist, 2090 Palm Beach Lake, Blvd, Suite 202, West Palm Beach, FL 33409; f. MIAVIP Medical Staffing, 5944 Coral Ridge Drive, #170, Coral Springs, FL 33076; g. MID Florida Ortho, 2571 W Eau Gallie Blvd, Melbourne, FL 32935; h. Heart and Vein Vascular, 2170 W State Road 434, Suite 190, Longwood, FL 32779; i. Surgery Center of Witner Park, 4355 Bear Gully Rd., Winter Park, FL 32792; j. Cora Health, 1207 N Central Ave, Kissimmee, FL 34741; k. CIMA Medical Center, 175 Westward Dr., Miami Springs, FL 33166; l. Advanced Diagnostic Group, 56 W Oak St., Kissimmee FL 34741; m. Any and all healthcare facilities and provider that have provided any treatment to the Plaintiff that have not yet been identified. 5. Records custodians and corporate representatives for the following past employers of the Plaintiff: a. Affinity Care of New Jersey 313 Madison Ave Perth Amboy, NJ 08861; b. Elite Global LLC, 2128 Walden Park Circle, Apt. 201, Kissimmee, FL 34744; c. Trilogy Orlando 100 Falling Acorn Ave Groveland, FL 34736; d. American In Home Care 3670 Maguire Blvd Suite 100 Orlando, FL 32803; e. HCA Florida Poinciana Hospital 325 Cypress Pkwy, Kissimmee, FL 34759; f. MCO Orlando International Airport 1 Jeff Fuqua Blvd Orlando, FL 32827. 6. Any and all relevant insurance providers for the Plaintiff and related records custodians, including, but not limited to: a. Oscar Health, Inc., 75 Varick Street 5th Floor New York, NY 10013. 7. Witnesses listed on the Plaintiff’s Witness List, reserving all objections thereto. 8. Any and all authentication witnesses. 9. Defendant reserves the right to amend this Witness List to include any and all currently unknown witnesses who may be disclosed in discovery subsequent to this filing. 10. Defendant reserves the right to call impeachment and/or rebuttal witnesses necessary for impeachment and/or rebuttal in conformance with Binger v. King Pest Control, 401 So. 2d 1310, 1314 (Fla. 1981). 11. Defendant reserves the right to amend this Witness List to include any person identified in any deposition, answer to interrogatory, response to non- party production, Request to Produce or other document produced in this action. 12. Defendant reserves the right to amend this Witness List to include any and all persons or entities named in any depositions, answers to interrogatories, or other discovery taken in this matter, reserving all objections thereto. 15. Any and all medical providers, treating physicians, medical personnel, and records custodians listed by the Plaintiff, reserving all objections thereto. 13. Defendant reserves the right to amend this Witness List to include any witness identified in medical, employment, or tax records not yet produced. 14. Any and all expert witnesses disclosed by the Plaintiff, reserving all objections thereto. 16. Defendant reserves the right to supplement and/or amend this Witness List with proper notice to the Plaintiff. EXHIBIT LIST 1. Any and all discovery propounded by the parties including the corresponding answers, responses, and responsive documents. 2. Any and all requests for admissions and responses thereto in this case. 3. Any and all responses to subpoenas which were directed to non-parties in this case. 4. Any and all documents related to medical records or medical billing concerning treatment or services rendered to the Plaintiff, including, but not limited to, the following: a. Osceola County Fire Rescue, 2586 Partin Settlement Rd, Kissimmee, FL 34744; b. Poinciana Medical Center, 325 Cypress Pkwy, Kissimmee, FL 34759; c. ORL Spine & Orthopedic Specialist, 6427 Westwood Blvd., Orlando, FL 32821; d. NSI NeuroSkeletal Imaging of Melbourne, 2222 S. Harbor City Blvd., Suite 520, Melbourne, FL 32901; e. MRL Spine and Orthopaedic Specialist, 2090 Palm Beach Lake, Blvd, Suite 202, West Palm Beach, FL 33409; f. MiAVIP Medical Staffing, 5944 Coral Ridge Drive, #170, Coral Springs, FL 33076; g. MID Florida Ortho, 2571 W Eau Gallie Blvd, Melbourne, FL 32935; h. Heart and Vein Vascular, 2170 W State Road 434, Suite 190, Longwood, FL 32779; i. Surgery Center of Witner Park, 4355 Bear Gully Rd., Winter Park, FL 32792; j. Cora Health, 1207 N Central Ave, Kissimmee, FL 34741; k. CIMA Medical Center, 175 Westward Dr., Miami Springs, FL 33166; l. Advanced Diagnostic Group, 56 W Oak St., Kissimmee FL 34741; m. Any and all healthcare facilities and provider that have provided any treatment to the Plaintiff that have not yet been identified. 5. Any and all health insurance records, including subrogees and liens, concerning treatment or services rendered to the Plaintiff for any insurance providers identified above and/or those that have not yet been identified. 6. Any and all photographs, films, videos and/or diagrams in either the Plaintiff’s or Defendant’s possession of the parties and scene of the incident. 7. Any and all tax returns of the Plaintiff. 8. Any and all photographs, films, videos and/or diagrams of Liliana Fanous’ injuries relating to this incident in either the Plaintiff’s or Defendant’s possession. 9. Any and all social media posts, statements, photographs, etc., related to the Plaintiff, whether or not from an account held by the Plaintiff, including, but not limited to Plaintiff’s Facebook account. 10. Any and all applicable Florida Statutes and local ordinances. 11. Any and all papers, writings, articles, and publications of those listed as witnesses on the witness list and expert list by any party. 12. Any and all records, reports, data, and exhibits used or prepared by experts. 13. Any and all diagrams, reports, blow-ups, etc., if any, pertaining to the incident in question prepared by any expert. 14. Demonstrative evidence including, but not limited to, models, slides, charts, diagrams, photographs, and enlargements of same for medical, liability and economic testimony by expert witnesses. 15. Any and all releases, indemnification agreements, Mary Carter Agreements and suit limitation agreements signed by the Plaintiff and/or his representatives in favor of any individual and/or party for damages which allegedly arose out of the issues as contained in the pleadings in this cause. 16. Any and all collateral source records, including bills, payments, applications for benefits, payment records, computer data and/or printouts, drafts, checks, files, and correspondence. 17. Copies of any and all incident reports related to the incident which is the subject of Plaintiff’s Complaint, unless covered by attorney-client or work- product privilege. 18. Any and all correspondence between the parties. 19. A.M.A. Guide to the Evaluation of Permanent Impairment Florida Impairment Guide. 20. Mortality tables. 21. Any and videotape/films and still photos taken by or of Plaintiff. 22. Any and all videotape/films and still photos taken by or of Plaintiff, including closed circuit video footage of the incident described in the Complaint. 23. Any and all records of mailing. 24. All documents produced by an expert retained or called by any party in response to a subpoena, or any documents that would have been discoverable and admissible, including, but not limited to, curriculum vitae, reports, publications, or any documentation that may have been relied on by the expert in reaching his/her opinion. 25. Anatomical models or charts of the human body and/or skeletal devices. 26. All deposition transcripts in this cause, including all exhibits that are identified, incorporated, referenced and/or attached to said depositions. 27. All medical records of all Plaintiff’s physicians and hospitals/treating facilities. 28. Any and all diagnostic studies and related records or reports, including, but not limited to, CT scans, EMG studies, EEG studies, x-rays films, MRI films. 29. Any and all models, charts, maps, plats, devices, and records which may be used by witnesses call by Plaintiff or Defendant, expert or otherwise, during their testimony. 30. Those exhibits that may become necessary for impeachment or rebuttal purposes. 31. Any and all pleadings filed by the parties. 32. Any and all collateral source policies and records pertaining to the Plaintiff. 33. Blowups of deposition testimony. 34. Blowups of Plaintiff’s medical records. 35. Blowups of photographs of the Plaintiff’s injury. 36. Blowups of photographs submitted by the Parties in response to discovery. 37. All exhibits listed in the Plaintiff’s Exhibit List Defendant reserves the right to supplement and/or amend this Exhibit List with proper notice to the Plaintiff. 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 3rd day of November 2023, upon the following: Liliana Fanous - feedlover11@gmail.com /s/ Brian J. Durham Brian J. Durham, Esquire