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Filing # 192565047 E-Filed 02/22/2024 08:10:56 PM
IN THE CIRCUIT COURT FOR THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR CHARLOTTE COUNTY, FLORIDA
CIRCUIT CIVIL DIVISION
BARBARA GONZALEZ
Plaintiff,
CASE NO.: 21000968CA
vs.
MICHAEL G. EDWARDS and
HHS ENVIRONMENTAL SERVICES, LLC
Defendants.
/
PLAINTIFF’S FOURTH AMENDED DISCLOSURE OF
WITNESSES, EXPERT WITNESSES, AND EXHIBITS
The Plaintiff, BARBARA GONZALEZ, by and through undersigned counsel, hereby files
her Fourth Amended Disclosure of Witnesses, Expert Witness, and Exhibits, as follows:
The witnesses Plaintiff intends to call at trial are as follows:
1 Barbara Gonzalez
Michael Edwards
Jeff Totten
James Gregory
Francisco Javier Rivera
Chea Hale
Joseph Gaudette
Christina Erickson CCSO Deputy
Maria Davis
10. Laura Carr
11 Kimberly Stache, RN
12. Richard Brian Bailey
13 James Parolisi, former Dir. Of Plant Operations
1
14 Toby Mann, Dir. of Plant Operations
15 Karen E. Mitchell, MBA, SPHR, CBP, CCP
16. Christopher Johnson, Security Mgr.
17. Eric Kaplan, COO of Hospital
18, Mr. Noble (first name unknown) (regional VP of HHS)
19 All providers at Advanced Orthopedic Center
20 Jason Mlnarik, MD
21 Any and all medical professionals that treated the Plaintiff at Bayfront Health Port Charlotte
22 Daniel O’ Leary, MD
23 Any and all medical providers at Infectious Disease Consultants, P.A.
24 Gulf Coast Anesthesia employees / representatives
25 Ivan Olarte, MD
26 Justino Silvestre, MD
27 MBB Radiology
28 One Call Care
29 Priority Care Solutions
30 Tampa Bay Radiology
31 Tanweer Memom, MD
32 Murdock Surgery Center
33 Mayur Lahkani MD
34, Fatin Albezargan MD
35 Jacqueline Manget
36. Sandra Collins, MD
37 Lian Jen, MD
38, Paul Fuchs, MD, Orthopedic Specialists of SW Florida
2
39, Anthony P. Pribila, PT, Sc, CMPT, CMP, CEAS
40. Lakeysha Newell
4l Amanda Auerbach Knott
42 Melissa Frazzitta, Resolution Manager for Gallagher Bassett Services, Inc.
43 Any non-expert witnesses listed by Defendants.
All witnesses used for impeachment or rebuttal purposes.
45 Any and all individuals identified or listed in the deposition testimony or discovery in
this case.
46. Any and all persons and entities deposed in this case.
47. Any and all persons or entities identified by the Defendants in their witness and
exhibit list.
48, Any and all witnesses who may be identified by additional discovery conducted by
the parties prior to pre-trial.
49 Records custodians for any and all medical providers of BARBARA GONZALEZ or
medical personnel who provided treatment to BARBARA GONZALEZ not
previously identified herein.
Expert Witnesses-
1 John Lawrence Merritt, MD, FACP, NeuroRehab One, 8875 Hidden River Parkway,
Suite 300, Tampa, FL 33637 will testify as to future costs, including future medical
care and treatment for BARBARA GONZALEZ secondary to the event that occurred
on July 7, 2020.
Dr. Merritt is a board-certified physiatrist and expert in the field of future medical life
care planning. Plaintiff expects Dr. Merritt to review the medical records and studies
in this case, perform a physical examination of the Plaintiff, and issue a report
documenting the medical treatment Plaintiff will require in the future as a result of the
injuries he sustained, as well as the costs related to such treatment. Dr. Merritt will
testify regarding Plaintiff's injuries, causation, need for medical treatment, costs of
medical treatment, related matters regarding Plaintiff's injuries and need for future
medical treatment, and other issues as addressed in his report or related to the items
addressed in his report.
Nik Volkov, Ph.D., CVA, MAFF, Stetson School of Business, 3100 Mercer
University Drive, GA 30341
Dr. Volkov is a Forensic Economist. He will render opinions pertaining to
BARBARA GONZALEZ’s claims of economic loss. These opinions will include past
and future economic losses that BARBARA GONZALEZ has suffered and will suffer
as a result of his injuries.
Billing and Records Custodians of the Following Entities (Unless Waived) who will
testify regarding medical records, treatment, bills and damages:
1 Advanced Orthopedic Center
2 Gallagher Bassett Services
Bayfront Health Port Charlotte (Employment)
Division of Workers Compensation
Dollar Tree (Employment)
Douglas Jacobson Nursing Home (Employment)
Fawcett Memorial (Employment)
Infectious Disease Consultants, P.A.
McDonalds (Employment)
10. Sarasota Memorial Hospital
11 Gulf Coast Anesthesia
12. Ivan Olarte, MD
13 Justino Silvestre, MD
14 Jason M. Mlarnik, DO
15 Sandra Collins, MD
16. Lian Jen, MD
17. Paul Fuchs, MD, Orthopedic Specialists of SW Florida
18, MBB Radiology
19. One Call Care
20. Priority Care Solutions
21. Tampa Bay Radiology
22. Tanweer Memom, MD
23 Murdock Surgery Center
24. Peace River Medical Center
25 Douglas M. Hershkowitz, MD
26. Life Care Plan of Dr. Merritt
27. Economic report(s) of Nik Volkov
28, Therapeutic Rehab Specialists
29. The Plaintiff reserves the right to amend her witness list.
Exhibits and/or Records Custodians
Plaintiff hereby give notice that the following exhibits may be used at the trial of this cause:
1 All medical bills, bills/statements, records, reports, x-rays, MRIs, CT scans, or other
radiographic or diagnostic studies of any treating physician, hospital, nursing and/or
rehabilitation center, or other healthcare provider related to the subject accident, and all
employment records where indicated which is the nature of this suit, including but not
limited to:
a. Advanced Orthopedic Center
b Gallagher Bassett Services
Bayfront Health Port Charlotte (Medical records and employment records)
Bayfront Health Port Charlotte workers compensation file for Barbara Gonzalez
Division of Workers Compensation
Dollar Tree (Employment)
Douglas Jacobson Nursing Home (Employment)
Fawcett Memorial (Employment)
Infectious diseases Consultants, P.A.
McDonalds (Employment)
Sarasota Memorial Hospital
Gulf Coast Anesthesia
Jason M. Mlarnik, DO
Sandra Collins, MD
Lian Jen, MD
Paul Fuchs, MD, Orthopedic Specialists of SW Florida
Ivan Olarte, MD
Justino Silvestre, MD
MBB Radiology
One Call Care
Priority Care Solutions
Tampa Bay Radiology
Tanweer Memom, MD
Murdock Surgery Center
y. Peace River Medical Center
Z. Douglas M. Hershkowitz, MD
aa. MedTox Laboratory results and Affidavit dated January 19, 2023
All other records related to the alleged damages in this case.
1 All exhibits listed by the Defendants.
2. Summary of the Medical Expenses incurred by BARBARA GONZALEZ as a result
of the incident.
Any and all records or photographs regarding the subject incident.
Surveillance video of incident on date of loss.
All written statements of witnesses and parties provided in discovery.
HHS Employment file of Michael Edwards.
Photographs and video recordings of BARBARA GONZALEZ taken prior to the
incident.
Life care plan of Dr. Merritt
Economic report (s) of Nik Volkov
10. Therapeutic Rehab Specialists
11 Photographs and video recordings of BARBARA GONZALEZ taken after the
incident.
12. Video recording of IME performed by George Markovich, MD on October 26, 2022
13 All records received pursuant to Plaintiff's First Request for Production dated April 18,
2023, directed to Port Charlotte, HMA, LLC d/b/a Shorepoint Health Port Charlotte, f/k/a
Bayfront Health Port Charlotte, with Notice of Compliance to Defendants HHS
Environmental Services, LLC and Michael G. Edwards dated November 16, 2023.
14 The mortality/life tables.
15 Answers to Interrogatories, Responses to Requests to Produce, and Responses to
Requests for Admissions filed in the above-styled case, including any and all exhibits
attached, and all documents produced in response to such discovery, including any
outstanding discovery.
16. All discovery produced by HHS Environmental Services, LLC pursuant to Plaintiff's
Requests for Production in this case
17 All documents produced in discovery in this case, including documents
produced in response to requests or subpoenas to nonparties.
18. The complete file contents of any and all experts.
19 Any and all exhibits to the depositions taken in this case.
20. All exhibits used for impeachment or rebuttal purposes.
21 All exhibits and models to be used as demonstrative aids during the trial in this case.
22. All medical records of BARBARA GONZALEZ dated from July 7, 2020, to
the present not otherwise identified above.
23 All exhibits listed by the Defendants.
24, The Plaintiff reserves the right to amend her Exhibit and Witness List.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a copy of the forgoing has been furnished this 22N? day of
February, 2024, by electronic mail to the following designated services e-mail address(es):
FRANCESCA IPPOLITO-CRAVEN, ESQUIRE at fic@kubickidraper.com; fic-
kd@kubickidraper.com and JESSICA M. DEL SOL, ESQUIRE at jmd@kubickidraper.com
(Counsel
for Michael G. Edwards and HHS Environmental Services, LLC).
For the Clerk of the Court
/s/ Helen Stratigakos, Esq.
HELEN STRATIGAKOS, ESQ.
Florida Bar No.: 0893633
412 East Madison Street, Suite 814
Tampa, Florida 33606
(P): (813) 226-0067
(F): (813) 259-2505
helen’ stratigakoslaw.com
admin@stratigakoslaw.com
ATTORNEY FOR PLAINTIFF
/s/ MichaelJ. Rossi, Esq.
MICHAEL J. ROSSI, ESQ.
Michael J. Rossi, P.A.
Florida Bar No.: 0868000
115 South Albany Ave
Tampa, FL 33606
(P): (813) 253-3351
Michael@michaelrossilaw.com
ATTORNEY FOR PLAINTIFF
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Filing # 192565047 E-Filed 02/22/2024 08:10:56 PM IN THE CIRCUIT COURT FOR THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR CHARLOTTE COUNTY, FLORIDA CIRCUIT CIVIL DIVISION BARBARA GONZALEZ Plaintiff, CASE NO.: 21000968CA vs. MICHAEL G. EDWARDS and HHS ENVIRONMENTAL SERVICES, LLC Defendants. / PLAINTIFF’S FOURTH AMENDED DISCLOSURE OF WITNESSES, EXPERT WITNESSES, AND EXHIBITS The Plaintiff, BARBARA GONZALEZ, by and through undersigned counsel, hereby files her Fourth Amended Disclosure of Witnesses, Expert Witness, and Exhibits, as follows: The witnesses Plaintiff intends to call at trial are as follows: 1 Barbara Gonzalez Michael Edwards Jeff Totten James Gregory Francisco Javier Rivera Chea Hale Joseph Gaudette Christina Erickson CCSO Deputy Maria Davis 10. Laura Carr 11 Kimberly Stache, RN 12. Richard Brian Bailey 13 James Parolisi, former Dir. Of Plant Operations 1 14 Toby Mann, Dir. of Plant Operations 15 Karen E. Mitchell, MBA, SPHR, CBP, CCP 16. Christopher Johnson, Security Mgr. 17. Eric Kaplan, COO of Hospital 18, Mr. Noble (first name unknown) (regional VP of HHS) 19 All providers at Advanced Orthopedic Center 20 Jason Mlnarik, MD 21 Any and all medical professionals that treated the Plaintiff at Bayfront Health Port Charlotte 22 Daniel O’ Leary, MD 23 Any and all medical providers at Infectious Disease Consultants, P.A. 24 Gulf Coast Anesthesia employees / representatives 25 Ivan Olarte, MD 26 Justino Silvestre, MD 27 MBB Radiology 28 One Call Care 29 Priority Care Solutions 30 Tampa Bay Radiology 31 Tanweer Memom, MD 32 Murdock Surgery Center 33 Mayur Lahkani MD 34, Fatin Albezargan MD 35 Jacqueline Manget 36. Sandra Collins, MD 37 Lian Jen, MD 38, Paul Fuchs, MD, Orthopedic Specialists of SW Florida 2 39, Anthony P. Pribila, PT, Sc, CMPT, CMP, CEAS 40. Lakeysha Newell 4l Amanda Auerbach Knott 42 Melissa Frazzitta, Resolution Manager for Gallagher Bassett Services, Inc. 43 Any non-expert witnesses listed by Defendants. All witnesses used for impeachment or rebuttal purposes. 45 Any and all individuals identified or listed in the deposition testimony or discovery in this case. 46. Any and all persons and entities deposed in this case. 47. Any and all persons or entities identified by the Defendants in their witness and exhibit list. 48, Any and all witnesses who may be identified by additional discovery conducted by the parties prior to pre-trial. 49 Records custodians for any and all medical providers of BARBARA GONZALEZ or medical personnel who provided treatment to BARBARA GONZALEZ not previously identified herein. Expert Witnesses- 1 John Lawrence Merritt, MD, FACP, NeuroRehab One, 8875 Hidden River Parkway, Suite 300, Tampa, FL 33637 will testify as to future costs, including future medical care and treatment for BARBARA GONZALEZ secondary to the event that occurred on July 7, 2020. Dr. Merritt is a board-certified physiatrist and expert in the field of future medical life care planning. Plaintiff expects Dr. Merritt to review the medical records and studies in this case, perform a physical examination of the Plaintiff, and issue a report documenting the medical treatment Plaintiff will require in the future as a result of the injuries he sustained, as well as the costs related to such treatment. Dr. Merritt will testify regarding Plaintiff's injuries, causation, need for medical treatment, costs of medical treatment, related matters regarding Plaintiff's injuries and need for future medical treatment, and other issues as addressed in his report or related to the items addressed in his report. Nik Volkov, Ph.D., CVA, MAFF, Stetson School of Business, 3100 Mercer University Drive, GA 30341 Dr. Volkov is a Forensic Economist. He will render opinions pertaining to BARBARA GONZALEZ’s claims of economic loss. These opinions will include past and future economic losses that BARBARA GONZALEZ has suffered and will suffer as a result of his injuries. Billing and Records Custodians of the Following Entities (Unless Waived) who will testify regarding medical records, treatment, bills and damages: 1 Advanced Orthopedic Center 2 Gallagher Bassett Services Bayfront Health Port Charlotte (Employment) Division of Workers Compensation Dollar Tree (Employment) Douglas Jacobson Nursing Home (Employment) Fawcett Memorial (Employment) Infectious Disease Consultants, P.A. McDonalds (Employment) 10. Sarasota Memorial Hospital 11 Gulf Coast Anesthesia 12. Ivan Olarte, MD 13 Justino Silvestre, MD 14 Jason M. Mlarnik, DO 15 Sandra Collins, MD 16. Lian Jen, MD 17. Paul Fuchs, MD, Orthopedic Specialists of SW Florida 18, MBB Radiology 19. One Call Care 20. Priority Care Solutions 21. Tampa Bay Radiology 22. Tanweer Memom, MD 23 Murdock Surgery Center 24. Peace River Medical Center 25 Douglas M. Hershkowitz, MD 26. Life Care Plan of Dr. Merritt 27. Economic report(s) of Nik Volkov 28, Therapeutic Rehab Specialists 29. The Plaintiff reserves the right to amend her witness list. Exhibits and/or Records Custodians Plaintiff hereby give notice that the following exhibits may be used at the trial of this cause: 1 All medical bills, bills/statements, records, reports, x-rays, MRIs, CT scans, or other radiographic or diagnostic studies of any treating physician, hospital, nursing and/or rehabilitation center, or other healthcare provider related to the subject accident, and all employment records where indicated which is the nature of this suit, including but not limited to: a. Advanced Orthopedic Center b Gallagher Bassett Services Bayfront Health Port Charlotte (Medical records and employment records) Bayfront Health Port Charlotte workers compensation file for Barbara Gonzalez Division of Workers Compensation Dollar Tree (Employment) Douglas Jacobson Nursing Home (Employment) Fawcett Memorial (Employment) Infectious diseases Consultants, P.A. McDonalds (Employment) Sarasota Memorial Hospital Gulf Coast Anesthesia Jason M. Mlarnik, DO Sandra Collins, MD Lian Jen, MD Paul Fuchs, MD, Orthopedic Specialists of SW Florida Ivan Olarte, MD Justino Silvestre, MD MBB Radiology One Call Care Priority Care Solutions Tampa Bay Radiology Tanweer Memom, MD Murdock Surgery Center y. Peace River Medical Center Z. Douglas M. Hershkowitz, MD aa. MedTox Laboratory results and Affidavit dated January 19, 2023 All other records related to the alleged damages in this case. 1 All exhibits listed by the Defendants. 2. Summary of the Medical Expenses incurred by BARBARA GONZALEZ as a result of the incident. Any and all records or photographs regarding the subject incident. Surveillance video of incident on date of loss. All written statements of witnesses and parties provided in discovery. HHS Employment file of Michael Edwards. Photographs and video recordings of BARBARA GONZALEZ taken prior to the incident. Life care plan of Dr. Merritt Economic report (s) of Nik Volkov 10. Therapeutic Rehab Specialists 11 Photographs and video recordings of BARBARA GONZALEZ taken after the incident. 12. Video recording of IME performed by George Markovich, MD on October 26, 2022 13 All records received pursuant to Plaintiff's First Request for Production dated April 18, 2023, directed to Port Charlotte, HMA, LLC d/b/a Shorepoint Health Port Charlotte, f/k/a Bayfront Health Port Charlotte, with Notice of Compliance to Defendants HHS Environmental Services, LLC and Michael G. Edwards dated November 16, 2023. 14 The mortality/life tables. 15 Answers to Interrogatories, Responses to Requests to Produce, and Responses to Requests for Admissions filed in the above-styled case, including any and all exhibits attached, and all documents produced in response to such discovery, including any outstanding discovery. 16. All discovery produced by HHS Environmental Services, LLC pursuant to Plaintiff's Requests for Production in this case 17 All documents produced in discovery in this case, including documents produced in response to requests or subpoenas to nonparties. 18. The complete file contents of any and all experts. 19 Any and all exhibits to the depositions taken in this case. 20. All exhibits used for impeachment or rebuttal purposes. 21 All exhibits and models to be used as demonstrative aids during the trial in this case. 22. All medical records of BARBARA GONZALEZ dated from July 7, 2020, to the present not otherwise identified above. 23 All exhibits listed by the Defendants. 24, The Plaintiff reserves the right to amend her Exhibit and Witness List. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of the forgoing has been furnished this 22N? day of February, 2024, by electronic mail to the following designated services e-mail address(es): FRANCESCA IPPOLITO-CRAVEN, ESQUIRE at fic@kubickidraper.com; fic- kd@kubickidraper.com and JESSICA M. DEL SOL, ESQUIRE at jmd@kubickidraper.com (Counsel for Michael G. Edwards and HHS Environmental Services, LLC). For the Clerk of the Court /s/ Helen Stratigakos, Esq. HELEN STRATIGAKOS, ESQ. Florida Bar No.: 0893633 412 East Madison Street, Suite 814 Tampa, Florida 33606 (P): (813) 226-0067 (F): (813) 259-2505 helen’ stratigakoslaw.com admin@stratigakoslaw.com ATTORNEY FOR PLAINTIFF /s/ MichaelJ. Rossi, Esq. MICHAEL J. ROSSI, ESQ. Michael J. Rossi, P.A. Florida Bar No.: 0868000 115 South Albany Ave Tampa, FL 33606 (P): (813) 253-3351 Michael@michaelrossilaw.com ATTORNEY FOR PLAINTIFF