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Filing # 192260497 E-Filed 02/19/2024 04:36:56 PM
IN THE CIRCUIT COURT OF THE
NINTH JUDICIAL CIRCUIT, IN AND
FOR OSCEOLA COUNTY, FLORIDA
ASBEL ALEXANDER LLERENA,
CASE NO.: 2020 CA 002872 AN
Plaintiff,
v.
ADRIAN RODRIGUEZ CHAVEZ AND
GRANNY'S GARDEN II, INC.,
Defendants.
_______________________________/
DEFENDANTS’ MOTION IN LIMINE TO EXCLUDE CUMLATIVE TESTIMONY OF
PLAINTIFF’S EXPERTS AND/OR TREATING PHYSICIANS
Defendants, ADRIAN RODRIGUEZ CHAVEZ AND GRANNY'S GARDEN II, INC.
(hereinafter “Defendants”), by and through undersigned counsel and pursuant to sections
90.401, 90.402, 90.403, Florida Statutes, respectfully request the Court enter an Order in
Limine precluding cumulative testimony of Plaintiff, ASBEL ALEXANDER LLERENA’S
(hereinafter “Plaintiff”), experts and/or treating physicians, and as grounds therefore state
as follows:
1. On December 11, 2023, Plaintiff served his Witness list, attached as Exhibit
“A”.
2. It is reasonably anticipated Plaintiff will elicit testimony at trial from his expert
witnesses and/or treating physicians regarding the evaluation, care, treatment and
services rendered to Plaintiff, and the reasonableness, relationship and necessity of same
in relation to the injuries allegedly sustained by Plaintiff in the subject accident.
COLE, SCOTT & KISSANE, P.A.
TOWER PLACE, SUITE 400 - 1900 SUMMIT TOWER BOULEVARD - ORLANDO, FLORIDA 32810 - (321) 972-0000 (321) 972-0099 FAX
CASE NO.: 2020 CA 002872 AN
3. Testimony by more than one expert or treating physician regarding the
same area of medical specialty would be cumulative in nature and should be excluded by
the Court, including but not limited to multiple doctors from the same facility or within the
same field, would be cumulative. There is no issue to which one physician would testify
that the other physician would not also address while presenting his or her respective
testimony in Plaintiff’s case-in-chief. Accordingly, this Court should preclude testimony
from any witnesses who fall under these general categories which would be cumulative
testimony.
4. Section 90.403 of the Florida Evidence Code states “[r]elevant evidence is
inadmissible if its probative value is substantially outweighed by the danger of unfair
prejudice, confusion of issues, misleading the jury, or needless presentation of
cumulative evidence.”
5. The trial court has broad discretion under section 90.403, Florida Statutes,
when determining whether evidence should be admitted or excluded. Sims v. Brown, 574
So. 2d 131, 133 (Fla. 1991); Hall v. State, 614 So. 2d 473, 476-77 (Fla. 1993) (holding
court has discretion to exclude cumulative and repetitious witness testimony).
6. In addition, under section 90.612, Florida Statutes, the trial court has:
Reasonable control over the mode and order of the
interrogation of witnesses and the presentation of evidence,
so as to:
(a) Facilitate, through effective interrogation and presentation,
the discovery of the truth;
(b) Avoid needless consumption of time;
(c) Protect witnesses from harassment or undue
embarrassment.
(emphasis added).
2
COLE, SCOTT & KISSANE, P.A.
TOWER PLACE, SUITE 400 - 1900 SUMMIT TOWER BOULEVARD - ORLANDO, FLORIDA 32810 - (321) 972-0000 (321) 972-0099 FAX
CASE NO.: 2020 CA 002872 AN
7. A trial court may limit the number of witnesses called to testify on a single
question. Stager v. Florida East Coast Ry. Co., 163 So. 2d 15, 17 (Fla. 3d DCA 1964)
(holding a court may limit number of witnesses that may be called upon to testify regarding
medical condition).
8. Further, expert testimony that is merely cumulative of prior testimony may
be excluded. Dade County v. Midic Realty, Inc., 549 So. 2d 1207, 1208 (Fla. 3d DCA
1989) (holding court has discretion to limit experts to non-repetitive and non-cumulative
testimony); Landers v. Landers, 429 So. 2d 27, 29 (Fla. 5th DCA 1983) (holding a court
may limit the number of witnesses to avoid cumulative and repetitious testimony).
9. "To be cumulative, the substance, function and effect of the previous
evidence should be the same." Wax v. Tenet Health Sys. Hosps., Inc., 955 So. 2d 1, 5
(Fla. 4th DCA 2006).
10. Testimony of multiple doctors from the same facility or within the same field
would fall squarely within the definition of cumulative testimony as set forth by the Fourth
District Court of Appeal in Wax.
11. The presentation of cumulative testimony serves solely as improper
bolstering of the testimony of the other physicians and witnesses, results in a waste of
judicial resources and the jury's time and should not be permitted as a matter of law.
WHEREFORE, Defendants, ADRIAN RODRIGUEZ CHAVEZ AND GRANNY'S
GARDEN II, INC., respectfully requests the Court to enter an Order precluding any and
all cumulative testimony of Plaintiff’s experts and/or treating physicians and any other
relief that this Court deems just and proper.
3
COLE, SCOTT & KISSANE, P.A.
TOWER PLACE, SUITE 400 - 1900 SUMMIT TOWER BOULEVARD - ORLANDO, FLORIDA 32810 - (321) 972-0000 (321) 972-0099 FAX
CASE NO.: 2020 CA 002872 AN
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this 19th day of February, 2024, a true and correct
copy of the foregoing was filed with the Clerk of Osceola County by using the Florida
Courts e-Filing Portal, which will send an automatic e-mail message to the following
parties registered with the e-Filing Portal system: Melissa Alzate, Esq., Morgan &
Morgan, P.A., malzate@forthepeople.com;vpagan@forthepeople.com, 198 Broadway
Avenue, Kissimmee, FL 34741, (407) 452-1597/(407) 452-1623 (F), Attorney for Plaintiff,
Asbel Alexander Llerena.
COLE, SCOTT & KISSANE, P.A.
Counsel for Defendant ADRIAN RODRIGUEZ
CHAVEZ AND GRANNY'S GARDEN II, INC.
Tower Place, Suite 400
1900 Summit Tower Boulevard
Orlando, Florida 32810
Telephone (321) 972-0011
Facsimile (321) 972-0099
Primary e-mail: scott.shelton@csklegal.com
Secondary e-mail: gary.lewis@csklegal.com
Alternate e-mail:
sandra.mcintosh@csklegal.com
By: s/ Gary L. Lewis
SCOTT A. SHELTON
Florida Bar No.: 36486
GARY L. LEWIS
Florida Bar No.: 158887
4
COLE, SCOTT & KISSANE, P.A.
TOWER PLACE, SUITE 400 - 1900 SUMMIT TOWER BOULEVARD - ORLANDO, FLORIDA 32810 - (321) 972-0000 (321) 972-0099 FAX
EXHIBIT “A”
Filing # 187800598 E-Filed 12/11/2023 05:06:34 PM
IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT,
IN AND FOR OSCEOLA COUNTY, FLORIDA
ASBEL ALEXANDER LLERENA, CASE NO.: 2020-CA-002872-AN
Plaintiff,
vs.
ADRIAN RODRIGUEZ CHAVEZ and
GRANNY’S GARDEN II, INC.,
Defendants. /
PLAINTIFF'S WITNESS LISTS AND EVIDENCE SCHEDULE
COMES NOW, the Plaintiff, ASBEL ALEXANDER LLERENA, by and through her
undersigned counsel, and in compliance with the Court’s June 19, 2023, Uniform Trial Order,
provides the following List of Trial Witnesses and Evidence Schedule of Trial Exhibits:
I. PLAINTIFF’S RETAINED EXPERT WITNESSES
1. Timonthy Bundy, D.O., CLCP, ATC (Treating Physician / Retained Expert)
324 S. Hyde Park Avenue, Ste 275 Causation/Damages
Tampa, FL 33606
2. Michael Freeman Ph.D., Causation/Damages
Forensic Research & Analysis
4500 Kruse Way, Plaza I, Suite 385
Lake Oswego, Oregon 97035
3. Farhad Booeshaghi, Ph.D., P.E. Causation/Damages
Global Engineering & Scientific Solutions
2777 Miccosukee Road, Suite 1
Tallahassee, FL 32308
II. PLAINTIFF’S WITNESSES
1. Asbel Alexander Llerena Liability/Damages
c/o Melissa Alzate, Esquire
Morgan & Morgan, P.A.
198 Broadway Avenue
Kissimmee, FL 34741
2. Adrian Rodriguez Chavez Liability/Damages
c/o Scott A. Shelton, Esq.
Gary L. Lewis, Esq.,
Cole, Scott & Kissane, P.A
3. Tracy Alyssa Jean Louis Liability/Damages
1889 E. Chantham Rd.
West Palm Beach, FL 33415
4. Silmarie Acevedo Liability/Damages
3815 Gator Bay Lane
St. Cloud, FL 34772
Doctor’s, treating physicians, treating technicians, billing representatives, records custodian
and/or personnel from the following list:
1. Brett E. Petty, D.C. and/or any and all medical providers/personnel at:
Joint Maneuvers Chiropractic
4797 Old Canoe Creek Road
St. Cloud, FL 34769
2. Aaron Smith, D.O., Sandeep Pillarisetty, M.D., and/or any and all medical providers/personnel
at:
Spine and Orthopedics Specialist
814 North John Young Parkway
Kissimmee FL USA 34741
3. Thomas Cooper, M.D., Rafael Romero, PA-C, Terel Newton, M.D., Donald Behrmann, M.D.
and/or any and all medical providers/personnel at:
Integrity Medical Group
1801 Lee Rd #304,
Winter Park, FL 32789
4. Jose Pizzaro, M.D., and/or any and all medical providers/personnel at:
AKUMIN
1503 W Oak St.
Kissimmee, FL 34744
5. Marino A. Chanlatte, M.D., and/or any and all medical providers/personnel at:
BudDocs
917 Rinehart Rd. #2061
Lake Mary, FL 32746
These doctors are not retained experts, but are, in fact, treating physicians. These treating
physicians & medical providers will give opinions as treating physicians on the issues of
causation, aggravation of pre-existing condition, activation of pre-existing condition and/or latent
defect, permanency, damages, in the addition to Plaintiff’s need for past and future medical care
based on their care and treatment of Plaintiff, and the actual cost of same. All of these opinions
will be in favorable to the Plaintiff on these issues. For further explanation please see their
medical records chronicling their treatment of Plaintiff, already in Defendant’s possession.
However, Plaintiff does not intend to limit these treating physicians’ testimony to the verbatim
language contained in their medical records.
However, Plaintiff will call these medical doctors to testify on the issues of causation, damages,
permanency, the reasonableness and necessity of past medical care, and future medical care
reasonably certain to occur in the future due to the subject accident. These physicians have
rendered reports of their medical treatment and/or radiological reads, and Plaintiff defers to their
reports and/or testimony as to a summary of the subject matter of their testimony, as well as the
substance of the facts and opinions these physicians may have. None of these medical records
were prepared in anticipation of litigation.
In addition, these physicians, based upon their education, training and experience, based upon
their treatment of the Plaintiff, based upon the history obtained, based upon the medical records
they reviewed, and based upon the diagnostic studies they reviewed, will testify that the trauma
sustained by Plaintiff in the fall caused injuries to her and that said injuries were permanent.
59. Designated Representative(s) of insurance companies.
60. Rebuttal witnesses.
61. Any and all witnesses, expert or otherwise, of the Defendant.
62. Any and all witnesses listed in any answers to interrogatories or mentioned in documents
produced pursuant to requests for production or notices of production from non-parties.
63. Any and all persons named in any and all hospital documents, medical records or
obtained in discovery or otherwise appear in the Court file.
64. Any and all fact witnesses disclosed through discovery who were involved in this
investigation of the incident which is the subject of this litigation or otherwise have
knowledge of any issues involved in this cause and by virtue of specialized knowledge,
skill, experience, training, or education may qualify to give expert opinion testimony.
65. Any and all expert witnesses who, due to the nature of the continuing discovery, may
hereafter be retained in anticipation of giving expert opinion testimony at trial, subject to
prompt and timely disclosure thereof to Defendant.
66. Any evidentiary or expert witness necessary for photo, diagram, video or other evidentiary
authentication, including, but not limited to investigators, journalists, or freelance
photographers.
67. Any other applicable expert witness necessary to authenticate any exhibit listed on the
Plaintiff’s witness and exhibit list.
68. Any and all witnesses discovered after the service of the Joint Pre-Trial Stipulation or
omitted from this Joint Pre-Trial Stipulation, whose names and addresses will be
promptly provided to opposing counsel.
69. Representatives of any alleged collateral source as raised by the Defendant. Such witnesses
may or may not be considered expert, but rather informational within their field of interest.
70. A representative of each medical expense of the Plaintiff or as listed on Plaintiff’s Exhibit
List.
71. Any applicable records custodian for any record or document listed on the Plaintiff’s Exhibit
List.
72. Any person who may testify as to the reasonableness, necessity, and relationship of past
and future medical care and bills.
RESERVATION OF RIGHT
The Plaintiff, ASBEL ALEXANDER LLERENA, reserves the right to utilize any witness
listed on any Witness List of the Defendant to this cause and with discovery continuing, Plaintiff
reserves the right to further supplement or substitute Witnesses as discovery continues pursuant to
the Pre-Trial Order of this court.
III. PLAINTIFF’S EXHIBITS
1. 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, including, but not limited to:
a) Medical records, Joint Maneuvers Chiropractic
b) Medical records, Spine and Orthopedics Specialist
c) Medical records, Integrity Medical Group
d) Medical records, AKUMIN
e) Medical records, BudDocs
f) Medical records, Timonthy Bundy, D.O., CLCP, ATC
2. 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, including, but not limited to:
g) Medical bills, Joint Maneuvers Chiropractic
h) Medical bills, Spine and Orthopedics Specialist
i) Medical bills, Integrity Medical Group
j) Medical bills, AKUMIN
k) Medical bills, BudDocs
l) Medical bills, Timonthy Bundy, D.O., CLCP, ATC
3. A summary of any and all medical expenses incurred by Plaintiff.
4. A summary of any and all out-of-pocket expenses incurred by Plaintiff.
5. Any and all receipts of out-of-pocket expenses of Plaintiff.
6. Curriculum vitaes of any and all treating physicians and medical providers providing
medical care, treatment and/or services to or on behalf of Plaintiff.
7. Any and all records of Defendant pertaining to the incident that is the subject of this
matter.
8. Any and all policies of insurance providing insurance coverage to Plaintiff.
9. Any and all policies of insurance providing insurance coverage to Defendants.
10. Any and all records of ADRIAN RODRIGUEZ CHAVEZ and GRANNY’S GARDEN
II, INC., pertaining to the incident that is the subject of this matter.
11. Any and all records of insurance companies pertaining to the incident that is the subject
of this matter.
12. Mileage records of Plaintiff (if applicable).
13. Any and all receipts of out-of-pocket expenses of Plaintiff.
14. Photographs of the incident scene.
15. Photographs of Plaintiff’s injuries.
16. Mortality tables.
17. Life Tables.
18. AMA Guidelines to Evaluation of Permanent Impairment.
19. Any and all radiographs, MRI’s, CT scans and other diagnostic studies depicting injuries
to Plaintiff.
20. Any and all anatomical charts and/or skeletal devices.
21. Any and all reports, charts, drawings, and/or graphs of any witnesses.
22. Any and all enlargements of any exhibits.
23. Any and all demonstrative aids.
24. Any and all interrogatories, answers and exhibits thereto that will be or have been filed in
this matter.
25. Any and all deposition transcripts and/or videos that will be or have been filed in this
matter, as discovery/depositions remain ongoing.
26. Any and all requests to produce, responses and exhibits/responsive documents thereto
that will be or have been filed in this matter.
27. Any and all requests for admissions and responses to requests for admissions that have
been filed in this matter.
28. Any and all exhibits listed by Defendant.
29. Any and all exhibits listed hereafter and noticed to Defendant or substitute witnesses as
discovery continues pursuant to the Pre-Trial Order of this court.
30. Any and all exhibits attached to depositions filed herein.
31. Depositions of Defendant’s expert witnesses.
32. Any and all publications, statements and testimony of defendants’ experts.
33. Files of defendant and plaintiff’s experts.
34. Any and all texts, treatises and other materials relied upon or considered authoritative by
experts.
35. Exemplar epidural needle to be used as a demonstrative aid.
36. Scales of Justice.
37. Any and all exhibits used for impeachment or rebuttal.
38. Colorized Radiographs depicting injuries to Plaintiff.
39. Demonstrative animations of any and all treatment procedures performed on Plaintiff.
40. All documents received by Defendant in any Notice of Production from Non Party
Subpoenas.
PLAINTIFF RESERVES THE RIGHT TO OBJECT TO ANY OF THE EXHIBITS OR
RECORDS LISTED BY DEFENDANT AND RESERVES THE RIGHT TO ADD
ADDITIONAL EXHIBITS AS IDENTIFIED BY SUBSEQUENT DISCOVERY AFTER THE
DATE OF THE PRETRIAL.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on December 11, 2023, I electronically filed the forgoing
with the Clerk of the Courts by using the Florida Courts eFiling Portal. I further certify that
Pursuant to Rule 2051(b)(1) I forwarded the foregoing this same day via Email to: Scott A.
Shelton, Esq. Gary L. Lewis, Esq., of Cole, Scott & Kissane, P.A., scott.shelton@csklegal.com;
gary.lewis@csklegal.com; sanra.mcintosh@csklegal.com.
/s/ Melissa Alzate
Melissa Alzate, Esquire
FBN 1013530
Morgan & Morgan Orlando P.A.
198 Broadway Avenue
Kissimmee, Florida 34741
Telephone: (407) 452-1597
Facsimile: (407) 452-1623
Primary Email: MAlzate@forthepeople.com
Secondary Email: MCoriano-Lopez@forthepeople.com
Tertiary Email: VPagan @forthepeople.com
Attorney for Plaintiff
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Filing # 192260497 E-Filed 02/19/2024 04:36:56 PM IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR OSCEOLA COUNTY, FLORIDA ASBEL ALEXANDER LLERENA, CASE NO.: 2020 CA 002872 AN Plaintiff, v. ADRIAN RODRIGUEZ CHAVEZ AND GRANNY'S GARDEN II, INC., Defendants. _______________________________/ DEFENDANTS’ MOTION IN LIMINE TO EXCLUDE CUMLATIVE TESTIMONY OF PLAINTIFF’S EXPERTS AND/OR TREATING PHYSICIANS Defendants, ADRIAN RODRIGUEZ CHAVEZ AND GRANNY'S GARDEN II, INC. (hereinafter “Defendants”), by and through undersigned counsel and pursuant to sections 90.401, 90.402, 90.403, Florida Statutes, respectfully request the Court enter an Order in Limine precluding cumulative testimony of Plaintiff, ASBEL ALEXANDER LLERENA’S (hereinafter “Plaintiff”), experts and/or treating physicians, and as grounds therefore state as follows: 1. On December 11, 2023, Plaintiff served his Witness list, attached as Exhibit “A”. 2. It is reasonably anticipated Plaintiff will elicit testimony at trial from his expert witnesses and/or treating physicians regarding the evaluation, care, treatment and services rendered to Plaintiff, and the reasonableness, relationship and necessity of same in relation to the injuries allegedly sustained by Plaintiff in the subject accident. COLE, SCOTT & KISSANE, P.A. TOWER PLACE, SUITE 400 - 1900 SUMMIT TOWER BOULEVARD - ORLANDO, FLORIDA 32810 - (321) 972-0000 (321) 972-0099 FAX CASE NO.: 2020 CA 002872 AN 3. Testimony by more than one expert or treating physician regarding the same area of medical specialty would be cumulative in nature and should be excluded by the Court, including but not limited to multiple doctors from the same facility or within the same field, would be cumulative. There is no issue to which one physician would testify that the other physician would not also address while presenting his or her respective testimony in Plaintiff’s case-in-chief. Accordingly, this Court should preclude testimony from any witnesses who fall under these general categories which would be cumulative testimony. 4. Section 90.403 of the Florida Evidence Code states “[r]elevant evidence is inadmissible if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of issues, misleading the jury, or needless presentation of cumulative evidence.” 5. The trial court has broad discretion under section 90.403, Florida Statutes, when determining whether evidence should be admitted or excluded. Sims v. Brown, 574 So. 2d 131, 133 (Fla. 1991); Hall v. State, 614 So. 2d 473, 476-77 (Fla. 1993) (holding court has discretion to exclude cumulative and repetitious witness testimony). 6. In addition, under section 90.612, Florida Statutes, the trial court has: Reasonable control over the mode and order of the interrogation of witnesses and the presentation of evidence, so as to: (a) Facilitate, through effective interrogation and presentation, the discovery of the truth; (b) Avoid needless consumption of time; (c) Protect witnesses from harassment or undue embarrassment. (emphasis added). 2 COLE, SCOTT & KISSANE, P.A. TOWER PLACE, SUITE 400 - 1900 SUMMIT TOWER BOULEVARD - ORLANDO, FLORIDA 32810 - (321) 972-0000 (321) 972-0099 FAX CASE NO.: 2020 CA 002872 AN 7. A trial court may limit the number of witnesses called to testify on a single question. Stager v. Florida East Coast Ry. Co., 163 So. 2d 15, 17 (Fla. 3d DCA 1964) (holding a court may limit number of witnesses that may be called upon to testify regarding medical condition). 8. Further, expert testimony that is merely cumulative of prior testimony may be excluded. Dade County v. Midic Realty, Inc., 549 So. 2d 1207, 1208 (Fla. 3d DCA 1989) (holding court has discretion to limit experts to non-repetitive and non-cumulative testimony); Landers v. Landers, 429 So. 2d 27, 29 (Fla. 5th DCA 1983) (holding a court may limit the number of witnesses to avoid cumulative and repetitious testimony). 9. "To be cumulative, the substance, function and effect of the previous evidence should be the same." Wax v. Tenet Health Sys. Hosps., Inc., 955 So. 2d 1, 5 (Fla. 4th DCA 2006). 10. Testimony of multiple doctors from the same facility or within the same field would fall squarely within the definition of cumulative testimony as set forth by the Fourth District Court of Appeal in Wax. 11. The presentation of cumulative testimony serves solely as improper bolstering of the testimony of the other physicians and witnesses, results in a waste of judicial resources and the jury's time and should not be permitted as a matter of law. WHEREFORE, Defendants, ADRIAN RODRIGUEZ CHAVEZ AND GRANNY'S GARDEN II, INC., respectfully requests the Court to enter an Order precluding any and all cumulative testimony of Plaintiff’s experts and/or treating physicians and any other relief that this Court deems just and proper. 3 COLE, SCOTT & KISSANE, P.A. TOWER PLACE, SUITE 400 - 1900 SUMMIT TOWER BOULEVARD - ORLANDO, FLORIDA 32810 - (321) 972-0000 (321) 972-0099 FAX CASE NO.: 2020 CA 002872 AN CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 19th day of February, 2024, a true and correct copy of the foregoing was filed with the Clerk of Osceola County by using the Florida Courts e-Filing Portal, which will send an automatic e-mail message to the following parties registered with the e-Filing Portal system: Melissa Alzate, Esq., Morgan & Morgan, P.A., malzate@forthepeople.com;vpagan@forthepeople.com, 198 Broadway Avenue, Kissimmee, FL 34741, (407) 452-1597/(407) 452-1623 (F), Attorney for Plaintiff, Asbel Alexander Llerena. COLE, SCOTT & KISSANE, P.A. Counsel for Defendant ADRIAN RODRIGUEZ CHAVEZ AND GRANNY'S GARDEN II, INC. Tower Place, Suite 400 1900 Summit Tower Boulevard Orlando, Florida 32810 Telephone (321) 972-0011 Facsimile (321) 972-0099 Primary e-mail: scott.shelton@csklegal.com Secondary e-mail: gary.lewis@csklegal.com Alternate e-mail: sandra.mcintosh@csklegal.com By: s/ Gary L. Lewis SCOTT A. SHELTON Florida Bar No.: 36486 GARY L. LEWIS Florida Bar No.: 158887 4 COLE, SCOTT & KISSANE, P.A. TOWER PLACE, SUITE 400 - 1900 SUMMIT TOWER BOULEVARD - ORLANDO, FLORIDA 32810 - (321) 972-0000 (321) 972-0099 FAX EXHIBIT “A” Filing # 187800598 E-Filed 12/11/2023 05:06:34 PM IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR OSCEOLA COUNTY, FLORIDA ASBEL ALEXANDER LLERENA, CASE NO.: 2020-CA-002872-AN Plaintiff, vs. ADRIAN RODRIGUEZ CHAVEZ and GRANNY’S GARDEN II, INC., Defendants. / PLAINTIFF'S WITNESS LISTS AND EVIDENCE SCHEDULE COMES NOW, the Plaintiff, ASBEL ALEXANDER LLERENA, by and through her undersigned counsel, and in compliance with the Court’s June 19, 2023, Uniform Trial Order, provides the following List of Trial Witnesses and Evidence Schedule of Trial Exhibits: I. PLAINTIFF’S RETAINED EXPERT WITNESSES 1. Timonthy Bundy, D.O., CLCP, ATC (Treating Physician / Retained Expert) 324 S. Hyde Park Avenue, Ste 275 Causation/Damages Tampa, FL 33606 2. Michael Freeman Ph.D., Causation/Damages Forensic Research & Analysis 4500 Kruse Way, Plaza I, Suite 385 Lake Oswego, Oregon 97035 3. Farhad Booeshaghi, Ph.D., P.E. Causation/Damages Global Engineering & Scientific Solutions 2777 Miccosukee Road, Suite 1 Tallahassee, FL 32308 II. PLAINTIFF’S WITNESSES 1. Asbel Alexander Llerena Liability/Damages c/o Melissa Alzate, Esquire Morgan & Morgan, P.A. 198 Broadway Avenue Kissimmee, FL 34741 2. Adrian Rodriguez Chavez Liability/Damages c/o Scott A. Shelton, Esq. Gary L. Lewis, Esq., Cole, Scott & Kissane, P.A 3. Tracy Alyssa Jean Louis Liability/Damages 1889 E. Chantham Rd. West Palm Beach, FL 33415 4. Silmarie Acevedo Liability/Damages 3815 Gator Bay Lane St. Cloud, FL 34772 Doctor’s, treating physicians, treating technicians, billing representatives, records custodian and/or personnel from the following list: 1. Brett E. Petty, D.C. and/or any and all medical providers/personnel at: Joint Maneuvers Chiropractic 4797 Old Canoe Creek Road St. Cloud, FL 34769 2. Aaron Smith, D.O., Sandeep Pillarisetty, M.D., and/or any and all medical providers/personnel at: Spine and Orthopedics Specialist 814 North John Young Parkway Kissimmee FL USA 34741 3. Thomas Cooper, M.D., Rafael Romero, PA-C, Terel Newton, M.D., Donald Behrmann, M.D. and/or any and all medical providers/personnel at: Integrity Medical Group 1801 Lee Rd #304, Winter Park, FL 32789 4. Jose Pizzaro, M.D., and/or any and all medical providers/personnel at: AKUMIN 1503 W Oak St. Kissimmee, FL 34744 5. Marino A. Chanlatte, M.D., and/or any and all medical providers/personnel at: BudDocs 917 Rinehart Rd. #2061 Lake Mary, FL 32746 These doctors are not retained experts, but are, in fact, treating physicians. These treating physicians & medical providers will give opinions as treating physicians on the issues of causation, aggravation of pre-existing condition, activation of pre-existing condition and/or latent defect, permanency, damages, in the addition to Plaintiff’s need for past and future medical care based on their care and treatment of Plaintiff, and the actual cost of same. All of these opinions will be in favorable to the Plaintiff on these issues. For further explanation please see their medical records chronicling their treatment of Plaintiff, already in Defendant’s possession. However, Plaintiff does not intend to limit these treating physicians’ testimony to the verbatim language contained in their medical records. However, Plaintiff will call these medical doctors to testify on the issues of causation, damages, permanency, the reasonableness and necessity of past medical care, and future medical care reasonably certain to occur in the future due to the subject accident. These physicians have rendered reports of their medical treatment and/or radiological reads, and Plaintiff defers to their reports and/or testimony as to a summary of the subject matter of their testimony, as well as the substance of the facts and opinions these physicians may have. None of these medical records were prepared in anticipation of litigation. In addition, these physicians, based upon their education, training and experience, based upon their treatment of the Plaintiff, based upon the history obtained, based upon the medical records they reviewed, and based upon the diagnostic studies they reviewed, will testify that the trauma sustained by Plaintiff in the fall caused injuries to her and that said injuries were permanent. 59. Designated Representative(s) of insurance companies. 60. Rebuttal witnesses. 61. Any and all witnesses, expert or otherwise, of the Defendant. 62. Any and all witnesses listed in any answers to interrogatories or mentioned in documents produced pursuant to requests for production or notices of production from non-parties. 63. Any and all persons named in any and all hospital documents, medical records or obtained in discovery or otherwise appear in the Court file. 64. Any and all fact witnesses disclosed through discovery who were involved in this investigation of the incident which is the subject of this litigation or otherwise have knowledge of any issues involved in this cause and by virtue of specialized knowledge, skill, experience, training, or education may qualify to give expert opinion testimony. 65. Any and all expert witnesses who, due to the nature of the continuing discovery, may hereafter be retained in anticipation of giving expert opinion testimony at trial, subject to prompt and timely disclosure thereof to Defendant. 66. Any evidentiary or expert witness necessary for photo, diagram, video or other evidentiary authentication, including, but not limited to investigators, journalists, or freelance photographers. 67. Any other applicable expert witness necessary to authenticate any exhibit listed on the Plaintiff’s witness and exhibit list. 68. Any and all witnesses discovered after the service of the Joint Pre-Trial Stipulation or omitted from this Joint Pre-Trial Stipulation, whose names and addresses will be promptly provided to opposing counsel. 69. Representatives of any alleged collateral source as raised by the Defendant. Such witnesses may or may not be considered expert, but rather informational within their field of interest. 70. A representative of each medical expense of the Plaintiff or as listed on Plaintiff’s Exhibit List. 71. Any applicable records custodian for any record or document listed on the Plaintiff’s Exhibit List. 72. Any person who may testify as to the reasonableness, necessity, and relationship of past and future medical care and bills. RESERVATION OF RIGHT The Plaintiff, ASBEL ALEXANDER LLERENA, reserves the right to utilize any witness listed on any Witness List of the Defendant to this cause and with discovery continuing, Plaintiff reserves the right to further supplement or substitute Witnesses as discovery continues pursuant to the Pre-Trial Order of this court. III. PLAINTIFF’S EXHIBITS 1. 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, including, but not limited to: a) Medical records, Joint Maneuvers Chiropractic b) Medical records, Spine and Orthopedics Specialist c) Medical records, Integrity Medical Group d) Medical records, AKUMIN e) Medical records, BudDocs f) Medical records, Timonthy Bundy, D.O., CLCP, ATC 2. 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, including, but not limited to: g) Medical bills, Joint Maneuvers Chiropractic h) Medical bills, Spine and Orthopedics Specialist i) Medical bills, Integrity Medical Group j) Medical bills, AKUMIN k) Medical bills, BudDocs l) Medical bills, Timonthy Bundy, D.O., CLCP, ATC 3. A summary of any and all medical expenses incurred by Plaintiff. 4. A summary of any and all out-of-pocket expenses incurred by Plaintiff. 5. Any and all receipts of out-of-pocket expenses of Plaintiff. 6. Curriculum vitaes of any and all treating physicians and medical providers providing medical care, treatment and/or services to or on behalf of Plaintiff. 7. Any and all records of Defendant pertaining to the incident that is the subject of this matter. 8. Any and all policies of insurance providing insurance coverage to Plaintiff. 9. Any and all policies of insurance providing insurance coverage to Defendants. 10. Any and all records of ADRIAN RODRIGUEZ CHAVEZ and GRANNY’S GARDEN II, INC., pertaining to the incident that is the subject of this matter. 11. Any and all records of insurance companies pertaining to the incident that is the subject of this matter. 12. Mileage records of Plaintiff (if applicable). 13. Any and all receipts of out-of-pocket expenses of Plaintiff. 14. Photographs of the incident scene. 15. Photographs of Plaintiff’s injuries. 16. Mortality tables. 17. Life Tables. 18. AMA Guidelines to Evaluation of Permanent Impairment. 19. Any and all radiographs, MRI’s, CT scans and other diagnostic studies depicting injuries to Plaintiff. 20. Any and all anatomical charts and/or skeletal devices. 21. Any and all reports, charts, drawings, and/or graphs of any witnesses. 22. Any and all enlargements of any exhibits. 23. Any and all demonstrative aids. 24. Any and all interrogatories, answers and exhibits thereto that will be or have been filed in this matter. 25. Any and all deposition transcripts and/or videos that will be or have been filed in this matter, as discovery/depositions remain ongoing. 26. Any and all requests to produce, responses and exhibits/responsive documents thereto that will be or have been filed in this matter. 27. Any and all requests for admissions and responses to requests for admissions that have been filed in this matter. 28. Any and all exhibits listed by Defendant. 29. Any and all exhibits listed hereafter and noticed to Defendant or substitute witnesses as discovery continues pursuant to the Pre-Trial Order of this court. 30. Any and all exhibits attached to depositions filed herein. 31. Depositions of Defendant’s expert witnesses. 32. Any and all publications, statements and testimony of defendants’ experts. 33. Files of defendant and plaintiff’s experts. 34. Any and all texts, treatises and other materials relied upon or considered authoritative by experts. 35. Exemplar epidural needle to be used as a demonstrative aid. 36. Scales of Justice. 37. Any and all exhibits used for impeachment or rebuttal. 38. Colorized Radiographs depicting injuries to Plaintiff. 39. Demonstrative animations of any and all treatment procedures performed on Plaintiff. 40. All documents received by Defendant in any Notice of Production from Non Party Subpoenas. PLAINTIFF RESERVES THE RIGHT TO OBJECT TO ANY OF THE EXHIBITS OR RECORDS LISTED BY DEFENDANT AND RESERVES THE RIGHT TO ADD ADDITIONAL EXHIBITS AS IDENTIFIED BY SUBSEQUENT DISCOVERY AFTER THE DATE OF THE PRETRIAL. CERTIFICATE OF SERVICE I HEREBY CERTIFY that on December 11, 2023, I electronically filed the forgoing with the Clerk of the Courts by using the Florida Courts eFiling Portal. I further certify that Pursuant to Rule 2051(b)(1) I forwarded the foregoing this same day via Email to: Scott A. Shelton, Esq. Gary L. Lewis, Esq., of Cole, Scott & Kissane, P.A., scott.shelton@csklegal.com; gary.lewis@csklegal.com; sanra.mcintosh@csklegal.com. /s/ Melissa Alzate Melissa Alzate, Esquire FBN 1013530 Morgan & Morgan Orlando P.A. 198 Broadway Avenue Kissimmee, Florida 34741 Telephone: (407) 452-1597 Facsimile: (407) 452-1623 Primary Email: MAlzate@forthepeople.com Secondary Email: MCoriano-Lopez@forthepeople.com Tertiary Email: VPagan @forthepeople.com Attorney for Plaintiff