Preview
Filing # 189409272 E-Filed 01/09/2024 03:35:41 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.,
Defendant.
/
NOTICE OF SERVICE OF EXPERT INTERROGATORIES TO DEFENDANTS
COMES NOW, the Plaintiff, ASBEL ALEXANDER LLERENA, by and through the
undersigned counsel and hereby propounds upon Defendants, ADRIAN RODRIGUEZ CHAVEZ,
AND GRANNY’S GARDEN II, INC., the attached expert interrogatories, answers to which will be
due within thirty (30) days from the date of service hereof.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on January 9, 2024, I electronically filed the foregoing with
the Clerk of the Courts by using the Florida Courts eFiling Portal. I further certify that Pursuant
to Rule 2.516(b)(1) I forwarded the foregoing this same day via: ● Email, □ U.S. Mail – postage
paid, □ facsimile transmission, to: Scott Shelton, Esq. of Cole, Scott & Kissane, P.A.,
Scott.Shelton@csklegal.com; gary.lewis@csklegal.com; Sandra.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
EXPERT INTERROGATORIES TO DEFENDANTS
Pursuant to the Rules of Civil Procedure, Defendants is required to answer, separately and
fully, in writing and under oath, within 30-days after service hereof, the following interrogatories.
The following definitions are incorporated.
a) Unless otherwise indicated, these interrogatories refer to the time, place, and
circumstance of the occurrence mentioned or complained of in the Complaint;
b) Where the name or identity of a person or persons is requested, please state full name,
home address and also business and employment address(es);
c) Where knowledge or information or possession of a party or parties is requested, such
request includes knowledge of the party’s agents, representatives, and unless privileged,
his/her/it’s attorneys;
d) The pronoun “you” refers to the person/entity paying for any expert witness evaluation
in this action; i.e., the named party or the Insurance Carrier (specifically or in its fiduciary
capacity on behalf of its insured) to whom these interrogatories are addressed, and the
persons mentioned in clause (c);
e) If the party to whom these interrogatories are addressed is a corporation, the answers
much be signed by an officer or agent duly authorized to bind it;
f) The term “person” or “individual” includes any natural or artificial person, corporation,
partnership, joint venture, business trust, professional association or sol proprietorship;
g) The term “documents” as used herein include any written, drawn, recorded, transcribed,
file or graphic matter however produced or reproduced, and any drafts, revisions, or
amendments thereof, and any
1. Letters, correspondence, telegrams, E-mail and mailgrams;
2. Paper, books, periodicals, pamphlets, brochures and promotional materials;
3. Accounts, loan records and financial records;
4. Photographs, films, microfilms, video recordings and sound recordings;
5. Notes, memoranda, interoffice communications and records.
h) Where you are asked to identify a document, state the title, date, any identifying
numbers and all other identifying designations and the number of pages.
2
EXPERT INTERROGATORIES TO DEFENDANTS
1. Please state your name, address and, if you are answering for someone else, your official
position.
2. State the name, title, employer, employment address, employment description and
relationship to Defendants of any individual assisting in the answering of these
interrogatories and the information reviewed to arrive at above answers.
3. Please identify each person whom the Defendants expect(s) to call as an expert witness at
trial and relative to each, please state the following:
a) the expert’s full name, professional address and specialty field or expertise;
b) a description of the information furnished to each expert to date for his consideration
and review;
c) the subject matter upon which each expert is expected to testify;
d) a summary of facts and opinions to which each expert is expected to testify; and
e) the basis for each opinion.
f) a description of any exhibits to be used as a summary of or support for the experts
opinion.
g) the qualifications of the expert including, a list of all publications authored by the
witness within the preceding ten (10) year (please provide a current curriculum vitae).
h) a listing of any medical, professional literature which the witness has read in
connection with this case.
i) listing of books in the witnesses’ possession or control which relate to the subject
matter of the witnesses’ testimony.
j) a listing of the professional journals to which the witness has subscribed during the
past four (4) years.
3
4. As to each such expert referred to above, please state the following:
a) the compensation for such service;
b) the expert’s and their practice general litigation experience. (Include the percentage
of work performed for plaintiffs and defendants; an approximation of the portion of
the expert’s involvement as an expert witness, based on the percentage of hours, or
percentage of earned income derived from serving as an expert witness.) See FRCP
1.280(b)(4)(A)
5. As to such expert referred to above, please state the amount of fees paid to the expert witness
and their practice by this Defendants' insurance company or any agent, servant or employee
of this Defendants' insurance company for each of the preceding three years. See Allstate
vs. Boecher, 733 So. 2d 993 (Fla. 1999); Vazquez v. Martinez, 175 So.3d 372 (Fla. 5th
DCA 2015; Worley v. Central Florida Young Men’s Christian’s Ass’n, 228 So.3d 18
(Fla. 2017) and Younkin v. Blackwelder, 2019 WL 847548 (Fla. 5th DCA February 22,
2019)
6. As to each such expert referred to above, please state the amount of fees paid to the expert
witness and their practice by this Defendants' law firm or any agent, servant, or employee of
this Defendants' law firm for each of the preceding three years. See Allstate vs. Boecher,
733 So. 2d 993 (Fla. 1999); Vazquez v. Martinez, 175 So.3d 372 (Fla. 5th DCA 2015;
Worley v. Central Florida Young Men’s Christian’s Ass’n, 228 So.3d 18 (Fla. 2017) and
Younkin v. Blackwelder, 2019 WL 847548 (Fla. 5th DCA February 22, 2019)
7. As to each such expert referred to above, please identify the cases in which the expert has
rendered opinions (either formally or informally) for the Defendants' insurance company
nationally in the preceding three years, being sure to include the following:
a) all cases in which each expert has rendered an opinion;
b) the names of Plaintiff's counsel;
c) the name of defense counsel;
d) the court before which each case was pending, if filed;
e) the style of the case, if filed;
f) the date of the deposition testimony of the expert;
4
g) the date of the trial testimony of the expert;
h) whether the expert has a copy of the transcript of the deposition and/or the trial
testimony; and
i) a summary of the expert’s opinion.
See Orkin Exterminating Co. vs. Knollwood Properties, LTD, 710 So.2d 697 (Fla. 5th DCA
1998) and Fla.R.Civ.P. 1.280(b)(4)(A)
8. As to each such expert referred to above, please identify the cases in which the expert has
rendered opinions (either formally or informally) for the Defendants' law firm nationally in
the preceding three years, being sure to include the following:
a) all cases in which each expert has rendered an opinion;
b) the names of Plaintiff's counsel;
c) the name of defense counsel;
d) the court before which each case was pending, if filed;
e) the style of the case, if filed;
f) the date of the deposition testimony of the expert;
g) the date of the trial testimony of the expert;
h) whether the expert has a copy of the transcript of the deposition and/or the trial
testimony; and
i) a summary of the expert’s opinion.
See Orkin Exterminating Co. vs. Knollwood Properties, LTD, 710 So.2d 697 (Fla. 5th DCA
1998) and Fla.R.Civ.P. 1.280(b)(4)(A)
5
9. As to each such expert referred to above, please state whether the expert advertises in any
type of periodical, journal or otherwise concerning his profession and, if so, please state the
following:
a) the name of such periodical, journal or other publication;
b) the dates the advertisement(s) appeared; and
c) the nature of the advertisement(s).
If you are willing to do so without the necessity of a Request to Produce, please attach copies
of any and all such advertisement(s).
10. Identify specifically (by plaintiff’s name, case number, court, defense attorney’s name and
address) the most recent case where the information described in 3. a) above was requested
from you or anyone acting on your behalf (including your insurance company) regarding the
identified expert.
11. Does the expert(s) know the party(ies) or defense attorney(s), on whose behalf the expert is
testifying, and describe any personal, professional social relationship between the expert and
such party(ies) and/or attorney(s)?
6
SIGNATURE PAGE
STATE OF
COUNTY OF
Before me the undersigned officer, authorized to administer oaths and take acknowledgments,
personally appeared ___________________________________, who after being duly sworn,
deposes and says: That the answers to the above and foregoing Interrogatories are true and correct to
the best of _________ knowledge and belief.
Signature of Defendant
SWORN TO AND SUBSCRIBED before me this ________ day of __________________,
_________.
Notary Public (signature)
Notary Public (type, print stamp commission)
My Commission Expires:
❑ Personally Known OR
❑ Produced Identification
❑ Type of Identification Produced:
7
Preview
Filing # 189409272 E-Filed 01/09/2024 03:35:41 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., Defendant. / NOTICE OF SERVICE OF EXPERT INTERROGATORIES TO DEFENDANTS COMES NOW, the Plaintiff, ASBEL ALEXANDER LLERENA, by and through the undersigned counsel and hereby propounds upon Defendants, ADRIAN RODRIGUEZ CHAVEZ, AND GRANNY’S GARDEN II, INC., the attached expert interrogatories, answers to which will be due within thirty (30) days from the date of service hereof. CERTIFICATE OF SERVICE I HEREBY CERTIFY that on January 9, 2024, I electronically filed the foregoing with the Clerk of the Courts by using the Florida Courts eFiling Portal. I further certify that Pursuant to Rule 2.516(b)(1) I forwarded the foregoing this same day via: ● Email, □ U.S. Mail – postage paid, □ facsimile transmission, to: Scott Shelton, Esq. of Cole, Scott & Kissane, P.A., Scott.Shelton@csklegal.com; gary.lewis@csklegal.com; Sandra.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 EXPERT INTERROGATORIES TO DEFENDANTS Pursuant to the Rules of Civil Procedure, Defendants is required to answer, separately and fully, in writing and under oath, within 30-days after service hereof, the following interrogatories. The following definitions are incorporated. a) Unless otherwise indicated, these interrogatories refer to the time, place, and circumstance of the occurrence mentioned or complained of in the Complaint; b) Where the name or identity of a person or persons is requested, please state full name, home address and also business and employment address(es); c) Where knowledge or information or possession of a party or parties is requested, such request includes knowledge of the party’s agents, representatives, and unless privileged, his/her/it’s attorneys; d) The pronoun “you” refers to the person/entity paying for any expert witness evaluation in this action; i.e., the named party or the Insurance Carrier (specifically or in its fiduciary capacity on behalf of its insured) to whom these interrogatories are addressed, and the persons mentioned in clause (c); e) If the party to whom these interrogatories are addressed is a corporation, the answers much be signed by an officer or agent duly authorized to bind it; f) The term “person” or “individual” includes any natural or artificial person, corporation, partnership, joint venture, business trust, professional association or sol proprietorship; g) The term “documents” as used herein include any written, drawn, recorded, transcribed, file or graphic matter however produced or reproduced, and any drafts, revisions, or amendments thereof, and any 1. Letters, correspondence, telegrams, E-mail and mailgrams; 2. Paper, books, periodicals, pamphlets, brochures and promotional materials; 3. Accounts, loan records and financial records; 4. Photographs, films, microfilms, video recordings and sound recordings; 5. Notes, memoranda, interoffice communications and records. h) Where you are asked to identify a document, state the title, date, any identifying numbers and all other identifying designations and the number of pages. 2 EXPERT INTERROGATORIES TO DEFENDANTS 1. Please state your name, address and, if you are answering for someone else, your official position. 2. State the name, title, employer, employment address, employment description and relationship to Defendants of any individual assisting in the answering of these interrogatories and the information reviewed to arrive at above answers. 3. Please identify each person whom the Defendants expect(s) to call as an expert witness at trial and relative to each, please state the following: a) the expert’s full name, professional address and specialty field or expertise; b) a description of the information furnished to each expert to date for his consideration and review; c) the subject matter upon which each expert is expected to testify; d) a summary of facts and opinions to which each expert is expected to testify; and e) the basis for each opinion. f) a description of any exhibits to be used as a summary of or support for the experts opinion. g) the qualifications of the expert including, a list of all publications authored by the witness within the preceding ten (10) year (please provide a current curriculum vitae). h) a listing of any medical, professional literature which the witness has read in connection with this case. i) listing of books in the witnesses’ possession or control which relate to the subject matter of the witnesses’ testimony. j) a listing of the professional journals to which the witness has subscribed during the past four (4) years. 3 4. As to each such expert referred to above, please state the following: a) the compensation for such service; b) the expert’s and their practice general litigation experience. (Include the percentage of work performed for plaintiffs and defendants; an approximation of the portion of the expert’s involvement as an expert witness, based on the percentage of hours, or percentage of earned income derived from serving as an expert witness.) See FRCP 1.280(b)(4)(A) 5. As to such expert referred to above, please state the amount of fees paid to the expert witness and their practice by this Defendants' insurance company or any agent, servant or employee of this Defendants' insurance company for each of the preceding three years. See Allstate vs. Boecher, 733 So. 2d 993 (Fla. 1999); Vazquez v. Martinez, 175 So.3d 372 (Fla. 5th DCA 2015; Worley v. Central Florida Young Men’s Christian’s Ass’n, 228 So.3d 18 (Fla. 2017) and Younkin v. Blackwelder, 2019 WL 847548 (Fla. 5th DCA February 22, 2019) 6. As to each such expert referred to above, please state the amount of fees paid to the expert witness and their practice by this Defendants' law firm or any agent, servant, or employee of this Defendants' law firm for each of the preceding three years. See Allstate vs. Boecher, 733 So. 2d 993 (Fla. 1999); Vazquez v. Martinez, 175 So.3d 372 (Fla. 5th DCA 2015; Worley v. Central Florida Young Men’s Christian’s Ass’n, 228 So.3d 18 (Fla. 2017) and Younkin v. Blackwelder, 2019 WL 847548 (Fla. 5th DCA February 22, 2019) 7. As to each such expert referred to above, please identify the cases in which the expert has rendered opinions (either formally or informally) for the Defendants' insurance company nationally in the preceding three years, being sure to include the following: a) all cases in which each expert has rendered an opinion; b) the names of Plaintiff's counsel; c) the name of defense counsel; d) the court before which each case was pending, if filed; e) the style of the case, if filed; f) the date of the deposition testimony of the expert; 4 g) the date of the trial testimony of the expert; h) whether the expert has a copy of the transcript of the deposition and/or the trial testimony; and i) a summary of the expert’s opinion. See Orkin Exterminating Co. vs. Knollwood Properties, LTD, 710 So.2d 697 (Fla. 5th DCA 1998) and Fla.R.Civ.P. 1.280(b)(4)(A) 8. As to each such expert referred to above, please identify the cases in which the expert has rendered opinions (either formally or informally) for the Defendants' law firm nationally in the preceding three years, being sure to include the following: a) all cases in which each expert has rendered an opinion; b) the names of Plaintiff's counsel; c) the name of defense counsel; d) the court before which each case was pending, if filed; e) the style of the case, if filed; f) the date of the deposition testimony of the expert; g) the date of the trial testimony of the expert; h) whether the expert has a copy of the transcript of the deposition and/or the trial testimony; and i) a summary of the expert’s opinion. See Orkin Exterminating Co. vs. Knollwood Properties, LTD, 710 So.2d 697 (Fla. 5th DCA 1998) and Fla.R.Civ.P. 1.280(b)(4)(A) 5 9. As to each such expert referred to above, please state whether the expert advertises in any type of periodical, journal or otherwise concerning his profession and, if so, please state the following: a) the name of such periodical, journal or other publication; b) the dates the advertisement(s) appeared; and c) the nature of the advertisement(s). If you are willing to do so without the necessity of a Request to Produce, please attach copies of any and all such advertisement(s). 10. Identify specifically (by plaintiff’s name, case number, court, defense attorney’s name and address) the most recent case where the information described in 3. a) above was requested from you or anyone acting on your behalf (including your insurance company) regarding the identified expert. 11. Does the expert(s) know the party(ies) or defense attorney(s), on whose behalf the expert is testifying, and describe any personal, professional social relationship between the expert and such party(ies) and/or attorney(s)? 6 SIGNATURE PAGE STATE OF COUNTY OF Before me the undersigned officer, authorized to administer oaths and take acknowledgments, personally appeared ___________________________________, who after being duly sworn, deposes and says: That the answers to the above and foregoing Interrogatories are true and correct to the best of _________ knowledge and belief. Signature of Defendant SWORN TO AND SUBSCRIBED before me this ________ day of __________________, _________. Notary Public (signature) Notary Public (type, print stamp commission) My Commission Expires: ❑ Personally Known OR ❑ Produced Identification ❑ Type of Identification Produced: 7