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Filing # 184141493 E-Filed 10/17/2023 01:09:25 PM
IN THE CIRCUIT COURT FOR THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR
CHARLOTTE COUNTY, FLORIDA CIVIL DIVISION
SEAN CARROLL and FINNOULA
CARROLL,
Plaintiff, CASE NO: 23-CA-568
vs.
UNITED SERVICES AUTOMOBILE
ASSOCIATION and RICHARD
NORTON,
Defendants.
PLAINTIFF'S INITIAL WITNESS AND EXHIBIT LIST
Plaintiff, SEAN CARROLL and FINNOULA CARROLL, by and through the
undersigned counsel and in compliance with this Honorable Court’s Order, provides the
following List of Witnesses and Schedule of Exhibits:
WITNESSES
Sean Carroll, c/o plaintiff's counsel
Finnoula Carroll, c/o plaintiff's counsel
Personal Representative Estate of Richard Norton, c/o defense counsel
Officer A. Gray, Punta Gorda Police Department
Any and all witnesses disclosed by Defendant(s).
Any and all rebuttal witnesses.
Any and all witnesses discovered hereafter and noticed to Defendant(s).
EXPERT/HYBRID WITNESSES
The following are Plaintiff's treating physicians and health care providers that are non-
retained experts who are expected to testify on behalf of the plaintiff regarding their care
and treatment of the plaintiff, and offer opinions on causation and/or damages, including,
but not limited to, diagnoses, prognosis, impairment, permanency, disability, aggravation
of any pre-existing conditions, costs, reasonableness, necessity, and relationship of past
and future medical care, as well as any other relevant matters customarily testified to by
treating physicians and other medical care providers within a reasonable degree of
medical probability. These non-retained experts have reviewed any and all medical
records pertaining to the care and treatment received by the plaintiff:
a. Dr. Cyrus Ghavam, MD Spine & Orthopedic Specialists
b. Dr. Jacob Januszewski, MD Spine & Orthopedic Specialists
Dr. Elizabeth Trinidad, MD Spine & Orthopedic Specialists
Dr. Shani Katz, DO Spine & Orthopedic Specialists
Dr. Sheldon Isaacson, MD Spine & Orthopedic Specialists
Representative Central Palm Beach Surgical Center
g Amy Gonzalez, FNP-BC 2503 Del Prado Blvd., Fort Myers, Florida
Susan Pargrey Fyzical Therapy and Balance Centers Port Charlotte
Dr. Charles Nofsinger, MD
Joseph Lipana, PT, DPT, CSCS Fyzical Therapy and Balance Port Charlotte
Dr. Chintan Desai, MD, FACR Carefirst Imaging Centers
Dr. Joshua Henry, MD Alpha Medicine & Rehab, Fort Myers
Leonilo Trono, PT Alpha Medicine & Rehab, Port Charlotte
Dr. Aldrich Mendoza, MD Alpha Medicine & Rehab Port Charlotte
Amy Gonzalez, APRN Alpha Medicine & Rehab Port Charlotte
Diana Gomez, APRN Alpha Medicine & Rehab Port Charlotte
Dr. Paul Webster, MD Alpha Medicine & Rehab Port Charlotte
Dr. Soheil Sooudi, MD American Imaging of SW Florida Port Charlotte
Dr. Darren Buono, MD Tower Radiology Tampa General Hospital
Dr. Ben Choiniere Rejuvenex Port Charlotte, Florida
Records custodians of each medical provider set forth above should
authentication of medical records not be agreed to.
RETAINED EXPERTS
Dr. Gregory Smith Certified Life Care Planner, will testify to the care and treatment and
anticipated care and treatment in the future that is anticipated by the plaintiffs within a
reasonable degree of medical certainty, medical probability. In addition, Dr. Smith will
testify as to the anticipated costs of such future treatment based upon his experience and
training as a medical doctor and life care planner over 25 years together with his peer to
peer discussions and interactions with the plaintiff, all within a reasonable degree of
medical probability medical certainty.
EXHIBITS
Medical records of any and all treating physicians, medical providers and medical
facilities pertaining to the medical care, treatment and/or services rendered to or on behalf
of Plaintiff, SEAN CARROLL AND FINNOULA CARROLL.
Medical bills of any and all treating physicians, medical providers and medical facilities
pertaining to the medical care, treatment and/or services rendered to or on behalf of
Plaintiff, SEAN CARROLL AND FINNOULA CARROLL.
Photographs and video of private investigator who trespassed on private land in an
attempt to inflict emotional distress and mental anguish on the plaintiff.
A summary of any and all medical expenses incurred by Plaintiff, SEAN CARROLL
AND FINNOULA CARROLL.
A summary of any and all out-of-pocket expenses incurred by Plaintiff, SEAN
CARROLL AND FINNOULA CARROLL.
Curriculum vitaes of any and all treating physicians and medical providers providing
medical care, treatment and/or services to or on behalf of Plaintiff, SEAN CARROLL
AND FINNOULA CARROLL.
Any and all records of Defendant, pertaining to the accident that is the subject of this
matter.
3D Exemplars to assist jury in understanding of disc surgery undertaken by Plaintiff.
Photos of damage to plaintiff and defendant vehicles.
Life care plan prepared for and on behalf of SEAN CARROLL AND FINNOULA
CARROLL
11 Any and all receipts of out-of-pocket expenses of Plaintiff, SEAN CARROLL AND
FINNOULA CARROLL.
12 Photographs of the accident scene.
13 Any and all repair estimates and photographs of the vehicle(s) involved in this accident.
14. Photographs of Plaintiff, SEAN CARROLL AND FINNOULA CARROLL’s injuries and
day in the life video.
15 Mortality tables.
16. Life Tables.
17 AMA Guidelines.
18 Any and all radiographs, MRI, CT scans, or xrays depicting injuries to Plaintiff.
19. Any and all anatomical charts and/or skeletal devices.
20. Any and all reports, charts, drawings, and/or graphs of any witnesses.
21 Any and all enlargements of any exhibits.
22. Any and all demonstrative aids including animations of injuries.
23 Any and all interrogatories, answers and exhibits thereto that will be or have been filed in
this matter.
24. Any and all deposition transcripts and/or videos that will be or have been filed in this
matter.
25 Any and all requests to produce, responses and exhibits thereto that will be or have been
filed in this matter.
26. Any and all requests for admissions and responses to requests for admissions that have
been filed in this matter.
27 Any and all exhibits listed by Defendant(s).
28 Any and all exhibits listed hereafter and noticed to Defendant(s).
29 Plaintiff reserves his/her right to amend this Witness and Exhibit list upon reasonable
notice to all parties.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished,
by Email, this 17" day of October, 2023 to counsel for the defense via the Eportal.
/s/James Moon
James Moon, Esquire
FBN 184713
Morgan & Morgan Fort Myers PLLC
12800 University Dr, Suite 600
Fort Myers, FL 33907
Telephone: (239) 210-5355
Facsimile: (239) 204-4076
Attorneys for Plaintiff
E-Mail: jmoon@forthepeople.com
jrodriguez@forthepeople.com
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Filing # 184141493 E-Filed 10/17/2023 01:09:25 PM IN THE CIRCUIT COURT FOR THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR CHARLOTTE COUNTY, FLORIDA CIVIL DIVISION SEAN CARROLL and FINNOULA CARROLL, Plaintiff, CASE NO: 23-CA-568 vs. UNITED SERVICES AUTOMOBILE ASSOCIATION and RICHARD NORTON, Defendants. PLAINTIFF'S INITIAL WITNESS AND EXHIBIT LIST Plaintiff, SEAN CARROLL and FINNOULA CARROLL, by and through the undersigned counsel and in compliance with this Honorable Court’s Order, provides the following List of Witnesses and Schedule of Exhibits: WITNESSES Sean Carroll, c/o plaintiff's counsel Finnoula Carroll, c/o plaintiff's counsel Personal Representative Estate of Richard Norton, c/o defense counsel Officer A. Gray, Punta Gorda Police Department Any and all witnesses disclosed by Defendant(s). Any and all rebuttal witnesses. Any and all witnesses discovered hereafter and noticed to Defendant(s). EXPERT/HYBRID WITNESSES The following are Plaintiff's treating physicians and health care providers that are non- retained experts who are expected to testify on behalf of the plaintiff regarding their care and treatment of the plaintiff, and offer opinions on causation and/or damages, including, but not limited to, diagnoses, prognosis, impairment, permanency, disability, aggravation of any pre-existing conditions, costs, reasonableness, necessity, and relationship of past and future medical care, as well as any other relevant matters customarily testified to by treating physicians and other medical care providers within a reasonable degree of medical probability. These non-retained experts have reviewed any and all medical records pertaining to the care and treatment received by the plaintiff: a. Dr. Cyrus Ghavam, MD Spine & Orthopedic Specialists b. Dr. Jacob Januszewski, MD Spine & Orthopedic Specialists Dr. Elizabeth Trinidad, MD Spine & Orthopedic Specialists Dr. Shani Katz, DO Spine & Orthopedic Specialists Dr. Sheldon Isaacson, MD Spine & Orthopedic Specialists Representative Central Palm Beach Surgical Center g Amy Gonzalez, FNP-BC 2503 Del Prado Blvd., Fort Myers, Florida Susan Pargrey Fyzical Therapy and Balance Centers Port Charlotte Dr. Charles Nofsinger, MD Joseph Lipana, PT, DPT, CSCS Fyzical Therapy and Balance Port Charlotte Dr. Chintan Desai, MD, FACR Carefirst Imaging Centers Dr. Joshua Henry, MD Alpha Medicine & Rehab, Fort Myers Leonilo Trono, PT Alpha Medicine & Rehab, Port Charlotte Dr. Aldrich Mendoza, MD Alpha Medicine & Rehab Port Charlotte Amy Gonzalez, APRN Alpha Medicine & Rehab Port Charlotte Diana Gomez, APRN Alpha Medicine & Rehab Port Charlotte Dr. Paul Webster, MD Alpha Medicine & Rehab Port Charlotte Dr. Soheil Sooudi, MD American Imaging of SW Florida Port Charlotte Dr. Darren Buono, MD Tower Radiology Tampa General Hospital Dr. Ben Choiniere Rejuvenex Port Charlotte, Florida Records custodians of each medical provider set forth above should authentication of medical records not be agreed to. RETAINED EXPERTS Dr. Gregory Smith Certified Life Care Planner, will testify to the care and treatment and anticipated care and treatment in the future that is anticipated by the plaintiffs within a reasonable degree of medical certainty, medical probability. In addition, Dr. Smith will testify as to the anticipated costs of such future treatment based upon his experience and training as a medical doctor and life care planner over 25 years together with his peer to peer discussions and interactions with the plaintiff, all within a reasonable degree of medical probability medical certainty. EXHIBITS Medical records of any and all treating physicians, medical providers and medical facilities pertaining to the medical care, treatment and/or services rendered to or on behalf of Plaintiff, SEAN CARROLL AND FINNOULA CARROLL. Medical bills of any and all treating physicians, medical providers and medical facilities pertaining to the medical care, treatment and/or services rendered to or on behalf of Plaintiff, SEAN CARROLL AND FINNOULA CARROLL. Photographs and video of private investigator who trespassed on private land in an attempt to inflict emotional distress and mental anguish on the plaintiff. A summary of any and all medical expenses incurred by Plaintiff, SEAN CARROLL AND FINNOULA CARROLL. A summary of any and all out-of-pocket expenses incurred by Plaintiff, SEAN CARROLL AND FINNOULA CARROLL. Curriculum vitaes of any and all treating physicians and medical providers providing medical care, treatment and/or services to or on behalf of Plaintiff, SEAN CARROLL AND FINNOULA CARROLL. Any and all records of Defendant, pertaining to the accident that is the subject of this matter. 3D Exemplars to assist jury in understanding of disc surgery undertaken by Plaintiff. Photos of damage to plaintiff and defendant vehicles. Life care plan prepared for and on behalf of SEAN CARROLL AND FINNOULA CARROLL 11 Any and all receipts of out-of-pocket expenses of Plaintiff, SEAN CARROLL AND FINNOULA CARROLL. 12 Photographs of the accident scene. 13 Any and all repair estimates and photographs of the vehicle(s) involved in this accident. 14. Photographs of Plaintiff, SEAN CARROLL AND FINNOULA CARROLL’s injuries and day in the life video. 15 Mortality tables. 16. Life Tables. 17 AMA Guidelines. 18 Any and all radiographs, MRI, CT scans, or xrays depicting injuries to Plaintiff. 19. Any and all anatomical charts and/or skeletal devices. 20. Any and all reports, charts, drawings, and/or graphs of any witnesses. 21 Any and all enlargements of any exhibits. 22. Any and all demonstrative aids including animations of injuries. 23 Any and all interrogatories, answers and exhibits thereto that will be or have been filed in this matter. 24. Any and all deposition transcripts and/or videos that will be or have been filed in this matter. 25 Any and all requests to produce, responses and exhibits thereto that will be or have been filed in this matter. 26. Any and all requests for admissions and responses to requests for admissions that have been filed in this matter. 27 Any and all exhibits listed by Defendant(s). 28 Any and all exhibits listed hereafter and noticed to Defendant(s). 29 Plaintiff reserves his/her right to amend this Witness and Exhibit list upon reasonable notice to all parties. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished, by Email, this 17" day of October, 2023 to counsel for the defense via the Eportal. /s/James Moon James Moon, Esquire FBN 184713 Morgan & Morgan Fort Myers PLLC 12800 University Dr, Suite 600 Fort Myers, FL 33907 Telephone: (239) 210-5355 Facsimile: (239) 204-4076 Attorneys for Plaintiff E-Mail: jmoon@forthepeople.com jrodriguez@forthepeople.com