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Filing # 181002743 E-Filed 09/01/2023 01:34:53 PM
IN THE CIRCUIT COURT FOR THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR
CHARLOTTE COUNTY, FLORIDA CIVIL DIVISION
STEPHANIE STABRYLLA,
Plaintiff,
VS. CASE NO: 23-CA-000551
ELIZABETH WHITKOPF and SAFECO
INSURANCE COMPANY OF ILLINOIS,
Defendants.
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PLAINTIFF’S RESPONSES TO
DEFENDANT ELIZABETH WHITKOPF’S REQUEST TO PRODUCE
Plaintiff, STEPHANIE STABRYLLA, by and through the undersigned attorney, responds
to the Request for Produce of the Defendant, ELIZABETH WHITKOPF, served on June 12, 2023,
as follows:
1 Copies of Federal Income Tax Returns, W-2 withholding tax statements, and any and all
other business records and/or income records, and other evidence of income for five (5)
years prior to the incident and all subsequent years, together with evidence of current
income to date.
RESPONSE: Plaintiff is not making a past wage loss claim and/or a loss of future
earning capacity at this time.
In the event that copies of Federal Income Tax Returns, W-2 withholding tax statements,
and any and all other business records and/or income records for five (5) years are not
available from the Plaintiff, counsel for the Plaintiff or certified public accountant of the
Plaintiff or other business consultant, the Plaintiff should complete and execute the
authorization form attached hereto and return the original executed and undated
authorization to counsel for this Defendant to obtain IRS records directly from the Internal
Revenue Service.
RESPONSE: Plaintiff is not making a past wage loss claim and/or a loss of future
earning capacity at this time.
Copies of social security records for the five (5) years prior to the incident and all
subsequent years.
RESPONSE: None.
In the alternative, this Defendant would request the Plaintiff to execute the attached forms
provided by the Social Security Administration for the obtainment of the records requested
and return the original executed and undated forms to counsel for this Defendant.
RESPONSE: Plaintiff is not a recipient of any form of Social Security benefits.
Any and all hospital, physician, medical or related bills, paid or owing, allegedly resulting
from the accident or occurrence.
RESPONSE: See attached Medical Bills.
Any and all hospital, physician or medical reports rendered by any health care provider of
the Plaintiff together with any written reports rendered by any expert retained including any
accident reconstruction expert applicable to any and all issues in the cause.
RESPONSE: See attached Medical Records.
Any and all written or recorded statements taken from parties or witnesses concerning any
issue in this cause.
RESPONSE: See attached Driver Exchange of Information.
Any and all photographs, videos, graphs, charts and other documentary evidence of the
scene, parties or vehicles involved in or pertaining to the subject accident, occurrence or
issues in this cause.
RESPONSE: None in Plaintiff’s possession.
Any and all videos of the accident itself, or the time leading up to or following the accident.
RESPONSE: None.
10 Bills and/or estimates of repair to the vehicle and/or damaged property and the cost of
temporary or permanent replacement thereof, including rental vehicle charges.
RESPONSE: None in Plaintiff’s possession.
11 Any and all policies of insurance providing health insurance benefits, disability insurance
benefits, credit life and disability insurance benefits, or other first party benefits to Plaintiff
on September 29, 2022.
RESPONSE: See attached Policy Documents.
12 Any and all documents, receipts, checks or invoices reflecting the total amount of all
collateral sources and all collateral source benefits paid to or on behalf of Plaintiff as a result
of the damages allegedly sustained in the accident which is the subject of this lawsuit. For
the purposes of this request, "collateral sources" means any payments made to or on behalf
of Plaintiff by or pursuant to:
A. The United States Social Security Act.
B. Any Federal, state or local income disability act; or other public programs providing
medical expenses, disability payments or other similar benefits.
Cc Any contract or agreement of any group, organization, partnership or corporation to
provide, pay for or reimburse the cost of hospital, medical, dental or other health
care services.
Any contractual or voluntary wage continuation plan provided by employers, or any
other system intended to provide wages during the period of disability.
RESPONSE: None in Plaintiff’s possession.
13. Any and all diaries, logs or journals maintained by Plaintiff from the date of loss to the
present.
RESPONSE: None.
14 Any and all videotapes of the scene of the incident which is the subject of this lawsuit.
RESPONSE: None.
15. Any and all videotapes of Plaintiff taken following the incident which is the subject of this
lawsuit.
RESPONSE: None in Plaintiff’s possession.
16 For each cellular phone used by the Plaintiff and/or registered in the Plaintiffs name
(including all numbers registered to and/or used by the Plaintiff under a "family plan"
similar service) at the time of the loss alleged in the Complaint, please provide copies of any
documentation outlining what calls were made or received on the date of the loss alleged in
the Complaint, including an itemization of phone number(s) and service carrier(s) associates
with each cellular phone.
PONSE: None in Plaintiff’s possession.
17 Copy of 911 tape obtained as a result of this accident.
RESPONSE: None.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on September 1, 2023, I forwarded the foregoing Response to
Request for Production via email to: Daniel Lemongello, Esq. Florida bar #: 27049, HILL &
LEMONGELLO, P.A. 800 Southeast 3rd Avenue, Suite 200 Fort Lauderdale, Florida 33316
Office: 954-462-3623, Cell: 954-462-3623, Fax: 954-523-1940, danl@hill-lem-law.com.
/s/ Frank DiPlacido
Frank DiPlacido, III
Florida Bar No.:180092
Morgan & Morgan
12800 University Drive, Ste 600
Ft Myers, FL 33907
Tele: (239) 433-6880
Fax: (239) 204-4505
fdiplacido@forthepeople.com;
pneira@forehtepeople.com;
rrosenbergjordhal@forthepeople.com
Attorney for Plaintiff
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Filing # 181002743 E-Filed 09/01/2023 01:34:53 PM IN THE CIRCUIT COURT FOR THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR CHARLOTTE COUNTY, FLORIDA CIVIL DIVISION STEPHANIE STABRYLLA, Plaintiff, VS. CASE NO: 23-CA-000551 ELIZABETH WHITKOPF and SAFECO INSURANCE COMPANY OF ILLINOIS, Defendants. / PLAINTIFF’S RESPONSES TO DEFENDANT ELIZABETH WHITKOPF’S REQUEST TO PRODUCE Plaintiff, STEPHANIE STABRYLLA, by and through the undersigned attorney, responds to the Request for Produce of the Defendant, ELIZABETH WHITKOPF, served on June 12, 2023, as follows: 1 Copies of Federal Income Tax Returns, W-2 withholding tax statements, and any and all other business records and/or income records, and other evidence of income for five (5) years prior to the incident and all subsequent years, together with evidence of current income to date. RESPONSE: Plaintiff is not making a past wage loss claim and/or a loss of future earning capacity at this time. In the event that copies of Federal Income Tax Returns, W-2 withholding tax statements, and any and all other business records and/or income records for five (5) years are not available from the Plaintiff, counsel for the Plaintiff or certified public accountant of the Plaintiff or other business consultant, the Plaintiff should complete and execute the authorization form attached hereto and return the original executed and undated authorization to counsel for this Defendant to obtain IRS records directly from the Internal Revenue Service. RESPONSE: Plaintiff is not making a past wage loss claim and/or a loss of future earning capacity at this time. Copies of social security records for the five (5) years prior to the incident and all subsequent years. RESPONSE: None. In the alternative, this Defendant would request the Plaintiff to execute the attached forms provided by the Social Security Administration for the obtainment of the records requested and return the original executed and undated forms to counsel for this Defendant. RESPONSE: Plaintiff is not a recipient of any form of Social Security benefits. Any and all hospital, physician, medical or related bills, paid or owing, allegedly resulting from the accident or occurrence. RESPONSE: See attached Medical Bills. Any and all hospital, physician or medical reports rendered by any health care provider of the Plaintiff together with any written reports rendered by any expert retained including any accident reconstruction expert applicable to any and all issues in the cause. RESPONSE: See attached Medical Records. Any and all written or recorded statements taken from parties or witnesses concerning any issue in this cause. RESPONSE: See attached Driver Exchange of Information. Any and all photographs, videos, graphs, charts and other documentary evidence of the scene, parties or vehicles involved in or pertaining to the subject accident, occurrence or issues in this cause. RESPONSE: None in Plaintiff’s possession. Any and all videos of the accident itself, or the time leading up to or following the accident. RESPONSE: None. 10 Bills and/or estimates of repair to the vehicle and/or damaged property and the cost of temporary or permanent replacement thereof, including rental vehicle charges. RESPONSE: None in Plaintiff’s possession. 11 Any and all policies of insurance providing health insurance benefits, disability insurance benefits, credit life and disability insurance benefits, or other first party benefits to Plaintiff on September 29, 2022. RESPONSE: See attached Policy Documents. 12 Any and all documents, receipts, checks or invoices reflecting the total amount of all collateral sources and all collateral source benefits paid to or on behalf of Plaintiff as a result of the damages allegedly sustained in the accident which is the subject of this lawsuit. For the purposes of this request, "collateral sources" means any payments made to or on behalf of Plaintiff by or pursuant to: A. The United States Social Security Act. B. Any Federal, state or local income disability act; or other public programs providing medical expenses, disability payments or other similar benefits. Cc Any contract or agreement of any group, organization, partnership or corporation to provide, pay for or reimburse the cost of hospital, medical, dental or other health care services. Any contractual or voluntary wage continuation plan provided by employers, or any other system intended to provide wages during the period of disability. RESPONSE: None in Plaintiff’s possession. 13. Any and all diaries, logs or journals maintained by Plaintiff from the date of loss to the present. RESPONSE: None. 14 Any and all videotapes of the scene of the incident which is the subject of this lawsuit. RESPONSE: None. 15. Any and all videotapes of Plaintiff taken following the incident which is the subject of this lawsuit. RESPONSE: None in Plaintiff’s possession. 16 For each cellular phone used by the Plaintiff and/or registered in the Plaintiffs name (including all numbers registered to and/or used by the Plaintiff under a "family plan" similar service) at the time of the loss alleged in the Complaint, please provide copies of any documentation outlining what calls were made or received on the date of the loss alleged in the Complaint, including an itemization of phone number(s) and service carrier(s) associates with each cellular phone. PONSE: None in Plaintiff’s possession. 17 Copy of 911 tape obtained as a result of this accident. RESPONSE: None. CERTIFICATE OF SERVICE I HEREBY CERTIFY that on September 1, 2023, I forwarded the foregoing Response to Request for Production via email to: Daniel Lemongello, Esq. Florida bar #: 27049, HILL & LEMONGELLO, P.A. 800 Southeast 3rd Avenue, Suite 200 Fort Lauderdale, Florida 33316 Office: 954-462-3623, Cell: 954-462-3623, Fax: 954-523-1940, danl@hill-lem-law.com. /s/ Frank DiPlacido Frank DiPlacido, III Florida Bar No.:180092 Morgan & Morgan 12800 University Drive, Ste 600 Ft Myers, FL 33907 Tele: (239) 433-6880 Fax: (239) 204-4505 fdiplacido@forthepeople.com; pneira@forehtepeople.com; rrosenbergjordhal@forthepeople.com Attorney for Plaintiff