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Filing # 185275754 E-Filed 11/01/2023 04:52:45 PM
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR
CHARLOTTE COUNTY, FLORIDA CIVIL ACTION
MELISSA J. SMITH,
Plaintiff,
vs. CASE NO. 23-CA-000712
ROBYN M. GUSS and
STATE FARM MUTUAL
AUTOMOBILE INSURANCE COMPANY,
Defendants.
/
DEFENDANT, STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY’S,
RESPONSE TO PLAINTIFFS’ REQUEST FOR PRODUCTION
COMES NOW, Defendant, STATE FARM MUTUAL AUTOMOBILE INSURANCE
COMPANY, by and through its undersigned counsel, and pursuant to Fla. R. Civ. P.
1.350, hereby files this, its Response to Plaintiffs Request for Production to Defendant
and responds as follows:
1
Copies of any and all insurance policies providing coverage in any manner,
including without limitation, liability and medical and medical payments for injuries
sustained by the Plaintiff in this accident.
RESPONSE: A copy of Plaintiff's insurance policy is being sent under
separate cover.
2 All reports, photographs, motion pictures, video tapes, audio tapes,
models, plats maps or drawings including, without limitation, diagrams and/or surveys
involving the subject ancient, vehicles involved or the site thereof.
RESPONSE: Defense counsel is in possession of the Florida Traffic Crash
Report and photographs of the Plaintiff's vehicle.
3 All statements, written or otherwise recorded, made by any person with
knowledge thereof, regarding the incident which is the subject of the Plaintiff's
Complaint.
RESPONSE: None.
4 All letters, records, notes, memos, recordings (video or audio), or other
writings or reproductions that in any way relate, either in substantiation of or negation of,
the allegations contained in the Plaintiff's’ Complaint in this cause.
RESPONSE: Unknown at this time as discovery is ongoing. Defendant
reserves the right to supplement, alter or amend this answer, if necessary or
appropriate.
5 Any and all documents evidencing indices of proof of ownership of the
vehicle involved in the incident.
RESPONSE: None.
6 Copies of any and all medical and healthcare records and reports from
any health care provider(s) concerning the plaintiffs herein, including, without limitation
all IME records, reports, x-rays and all MRI records and reports.
RESPONSE: None other than what was provided by the Plaintiff.
7 Any and all documents to be relied upon by the Defendant and to be
presented for admission into evidence at the trial of this cause.
RESPONSE: Trial documents will be provided in accordance with the
court’s Case Management Plan and/or Pre-Trial Order.
8 Copies of any and all statements taken from the plaintiff, whether written
or recorded orally, whether signed or unsigned, along with a certified copy of the audio
cassette tape(s) of the recording.
RESPONSE: None.
9 Copies of any and all investigation report(s) concerning the Plaintiff
including history and background reports concerning the Plaintiff herein.
RESPONSE: None.
10. Copies of any and all independent medical examination(s) or compulsory
physical examination(s) performed by any entity upon the Plaintiff.
RESPONSE: None.
11. Copies of all report of experts intended to be used at trial
RESPONSE: Expert information and documents will be provided in
accordance with the court’s Case Management Plan and/or Pre-Trial Order.
CERTIFICATE OF SERVICE
| HEREBY CERTIFY that a true and correct copy of the above and foregoing has
been furnished by electronic mail delivery to DAMIAN B. MALLARD, ESQUIRE, 889 N.
Washington Blvd., Sarasota, Florida 34236; damian@mallardperez.com;
angel@mallardperez.com; regena@mallardperez.com; on this 1st day of November,
2023.
VERNIS & BOWLING OF
SOUTHWEST FLORIDA, P.A
Attorneys for State Farm
2369 West First Street
Fort Myers, Florida 33901
(239) 334-3035
By Isl Stevea B._ Suudook
STEVEN B. SUNDOOK
Florida Bar No. 352470
ssundook@florida-law.com
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Filing # 185275754 E-Filed 11/01/2023 04:52:45 PM IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR CHARLOTTE COUNTY, FLORIDA CIVIL ACTION MELISSA J. SMITH, Plaintiff, vs. CASE NO. 23-CA-000712 ROBYN M. GUSS and STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendants. / DEFENDANT, STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY’S, RESPONSE TO PLAINTIFFS’ REQUEST FOR PRODUCTION COMES NOW, Defendant, STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, by and through its undersigned counsel, and pursuant to Fla. R. Civ. P. 1.350, hereby files this, its Response to Plaintiffs Request for Production to Defendant and responds as follows: 1 Copies of any and all insurance policies providing coverage in any manner, including without limitation, liability and medical and medical payments for injuries sustained by the Plaintiff in this accident. RESPONSE: A copy of Plaintiff's insurance policy is being sent under separate cover. 2 All reports, photographs, motion pictures, video tapes, audio tapes, models, plats maps or drawings including, without limitation, diagrams and/or surveys involving the subject ancient, vehicles involved or the site thereof. RESPONSE: Defense counsel is in possession of the Florida Traffic Crash Report and photographs of the Plaintiff's vehicle. 3 All statements, written or otherwise recorded, made by any person with knowledge thereof, regarding the incident which is the subject of the Plaintiff's Complaint. RESPONSE: None. 4 All letters, records, notes, memos, recordings (video or audio), or other writings or reproductions that in any way relate, either in substantiation of or negation of, the allegations contained in the Plaintiff's’ Complaint in this cause. RESPONSE: Unknown at this time as discovery is ongoing. Defendant reserves the right to supplement, alter or amend this answer, if necessary or appropriate. 5 Any and all documents evidencing indices of proof of ownership of the vehicle involved in the incident. RESPONSE: None. 6 Copies of any and all medical and healthcare records and reports from any health care provider(s) concerning the plaintiffs herein, including, without limitation all IME records, reports, x-rays and all MRI records and reports. RESPONSE: None other than what was provided by the Plaintiff. 7 Any and all documents to be relied upon by the Defendant and to be presented for admission into evidence at the trial of this cause. RESPONSE: Trial documents will be provided in accordance with the court’s Case Management Plan and/or Pre-Trial Order. 8 Copies of any and all statements taken from the plaintiff, whether written or recorded orally, whether signed or unsigned, along with a certified copy of the audio cassette tape(s) of the recording. RESPONSE: None. 9 Copies of any and all investigation report(s) concerning the Plaintiff including history and background reports concerning the Plaintiff herein. RESPONSE: None. 10. Copies of any and all independent medical examination(s) or compulsory physical examination(s) performed by any entity upon the Plaintiff. RESPONSE: None. 11. Copies of all report of experts intended to be used at trial RESPONSE: Expert information and documents will be provided in accordance with the court’s Case Management Plan and/or Pre-Trial Order. CERTIFICATE OF SERVICE | HEREBY CERTIFY that a true and correct copy of the above and foregoing has been furnished by electronic mail delivery to DAMIAN B. MALLARD, ESQUIRE, 889 N. Washington Blvd., Sarasota, Florida 34236; damian@mallardperez.com; angel@mallardperez.com; regena@mallardperez.com; on this 1st day of November, 2023. VERNIS & BOWLING OF SOUTHWEST FLORIDA, P.A Attorneys for State Farm 2369 West First Street Fort Myers, Florida 33901 (239) 334-3035 By Isl Stevea B._ Suudook STEVEN B. SUNDOOK Florida Bar No. 352470 ssundook@florida-law.com