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Filing # 190155761 E-Filed 01/19/2024 05:13:23 PM
PRE-TRIAL CHECKLIST and ORDER CONTROLLING TRIAL
(Osceola Division 20 – Judge Christine E. Arendas)
(Pursuant to Fla. R. Civ. P. 1.200(d))
CASE #: 2020 CA 002872 AN P/T DATE: January 22, 2024 at 9:00 AM
CASE STYLE: ALEXANDER LLERENA, ASBEL vs. RODRIGUEZ CHAVEZ, ADRIAN
Estimate Length of Trial: 5 days Jury Trial: þYes oNo
1. Joint Meeting of Counsel: Completed? þYes oNo If no, date it is scheduled for:
2. Joint PT Statement: Filed? oYes þNo If no, date by which it will be filed: Can’t agree on terms. Each Party will
file their own.
3. Mediation: Held? þ Yes o No When held or scheduled? 01/20/2022
4. Motions in Limine: Filed prior to this pre-trial conference? þ Yes o No - o None
Must be scheduled and heard no later than one week prior to the beginning of the trial period. You must comply with
Division 20’s Standing Order on Motions in Limine, found at www.ninthcircuit.org
5. Have the parties filed their Depo Designations, Counter-Designations and Objections? oYes þNo
· If yes, provide a blank Order for the Court with columns for the designation (page and line), objection, and a
place for the Court to rule. The Court will rule in chambers. Pursuant to the Uniform Order Setting Case for Trial,
must be disclosed in writing (citing page and line numbers) (i) 30 days before the Pre-Trial Conference
(designations), and (ii) 20 days before the Pre-Trial Conference (counter-designations)
6. Time Estimates: Voir Dire: Opening Statement: Closing Argument
(to include rebuttal)
Plaintiff (1) ___3______hr ____1.5____ min/hr ___1.5______ min/hr
Plaintiff (2) _________ min/hr ___________ min/hr ___________ min/hr
Defendant (1) _________ min/hr ___________ min/hr ___________ min/hr
Defendant (2) _________ min/hr ___________ min/hr ___________ min/hr
7. Jury: Venire – # requested? 35 Alternate(s) – # requested? 1
Peremptory Challenges (3 per party): Total: Plaintiff: 3 Def #1: 3 Def #2: 3
8. Pending Motions, Special Provisions or Concerns?
a. Plaintiff’s Omnibus Motion in Limine
b. Plaintiff’s Motion in Limine as to the Admission of Liability
c. Plaintiff’s Motion in Limine regarding Hollenbeck vs. Hooks
d. Defendants’ Motion to Strike Plaintiff’s Amended Expert Disclosure
e. Defendants’ Motion in Limine to Prevent Treating Physicians from Testifying as Expert Witnesses
f. Defendants’ Motion in Limine Regarding Reptile Theory and Argument
BE AWARE OF THE FOLLOWING ADDITIONAL REQUIREMENTS
9. Exhibits and Demonstrative Aids: Per the Uniform Order Setting Case for Trial, all exhibits and demonstrative aids
(including Power Point Presentations) must be exchanged, initialed by counsel for all parties, and tagged and marked
for identification. Any objections must be separately noted. Demonstrative aids may NOT be used during Opening
Statement without (i) agreement or (ii) prior (before the first day of trial) court order. Contact Melissa (Trial Clerk)
at Melissa.Burr@osceolaclerk.org for evidence tags and instructions.
10. Stipulations – Admissions – Waivers of Custodians: Must be in writing if seeking Court enforcement
11. Trial Briefs: Not required, but if you choose to submit them, please provide hard copies to Chambers (6460) at least
five (5) working days prior to trial to allow adequate time for review
12. Judicial Notice: Follow the Evidence Code, Section 90.201-90.207, Florida Statutes
13. Witness Disclosure during Trial: The next day’s witnesses shall be disclosed at the end of each trial day
14. Expert Opinions: Not admissible if not expressed in deposition or in an expert report (unless no report was created
and no deposition was taken)
15. Audio/video equipment – DO NOT WAIT UNTIL TRIAL TO TEST EQUIPMENT – Contact the IT Support department at
http://www.ninthcircuit.org/services/technology-support or call 407-742-2488 before the first day of trial.
16. Jury Instructions and Verdict Forms –
· Exchanged no later than 10 days prior to the Pre-Trial Conference
· Submitted to the Judge at the Pre-Trial Conference. File originals with the Clerk and provide a Copy in MS
Word (in Times New Roman font – 14 pt. double spaced) - to the Court via email to
20Bosceola@ninthcircuit.org
17. Be familiar with Judge Arendas’ s and the Ninth Judicial Circuit’s guidelines, procedures, expectations and policies,
all of which can be found at https://www.ninthcircuit.org/about/judges/circuit/christine-e-arendas.
VENIRE REQUEST: _________ - NUMBER OF ALTERNATES:
TIME CERTAIN DATE SET FOR TRIAL (IF APPLICABLE):
TENTATIVE DATE SET FOR TRIAL: ________________________________________________ #
YOU MAY BE CALLED AT ANY TIME DURING THE TRIAL PERIOD. YOU ARE ON STAND-BY FOR THE ENTIRE TRIAL PERIOD. JUDGE
ARENDAS’ JA WILL DISTRIBUTE A TRIAL LIST WITH CASE NAMES AND NUMBERS, ATTORNEY NAMES AND CONTACT INFORMATION.
YOU ARE RESPONSIBLE FOR CONTACTING COUNSEL AHEAD OF YOU ON THE TRIAL LIST TO FIND OUT WHEN YOU MAY BE CALLED. ALL
TRIAL DATES (UNLESS OTHERWISE NOTED ON THE ORDER SETTING TRIAL) START AT 9:00 A.M. IN OSCEOLA COURTROOM 4-A.
DONE AND ORDERED this _______ day of , 202__.
____________________________________
CHRISTINE E. ARENDAS
Circuit Judge – Division 20
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(Amended 11/28/2023)
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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.
/
PLAINTIFF’S NOTICE OF FILING PROPOSED JURY INSTRUCTIONS
COMES NOW, the Plaintiff, ASBEL ALEXANDER LLERENA, Pursuant to this Court’s
Order, and hereby complies and requests that the attached jury instructions be utilized in the trial
of this matter.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on December 21, 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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SECTION 101 - OATHS
101.1 OATH OF JURORS BEFORE VOIR DIRE
Do you solemnly swear or affirm that you will answer truthfully all questions
asked of you as prospective jurors?
101.2 OATH OF JUROR AFTER VOIR DIRE
Do you solemnly swear or affirm that you will well and truly try this case
between the Plaintiff, ASBEL ALEXANDER LLERENA, and the Defendants,
ADRIAN RODRIGUEZ CHAVEZ, and GRANNY’S GARDEN II, INC., and a true
verdict render according to the law and evidence?
101.3 OATH OF A WITNESS
Do you solemnly swear or affirm that the evidence you are about to give will
be the truth, the whole truth, and nothing but the truth?
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QUALIFICATIONS INSTRUCTION
Many of you have electronic devices such as cell phones, smartphones,
tablets, and laptops. Even though you have not yet been selected as a juror, there
are some strict rules that you must follow about electronic devices.
When you are called to a courtroom, the judge will give you specific
instructions on the use of electronic devices. These rules are so important that the
judge may tell you that you must turn off your cell phone or other electronic devices
completely or that you cannot have your cell phone or electronic devices in the
courtroom. If someone needs to contact you in case of an emergency, the judge will
provide you with a phone number where you can receive messages.
If the trial judge allows you to keep your cell phones, computers, or other
electronic devices, you cannot use them to take photographs, video recordings, or
audio recordings of the proceedings in the courtroom or your fellow jurors. You
must not use them to search the Internet or to find out anything related to any cases
in the courthouse.
Why is this restriction imposed? This restriction is imposed because jurors
must decide the case without distraction and only on the evidence presented in the
courtroom. I know that, for some of you, these restrictions affect your normal daily
activities and may require a change in the way you are used to communicating and
perhaps even in the way you are used to learning.
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If you investigate, research, or make inquiries on your own, the trial judge has
no way to make sure that the information you obtain is proper for the case. The
parties likewise have no opportunity to dispute or challenge the accuracy of what
you find. Any independent investigation by a juror unfairly and improperly prevents
the parties from having that opportunity our judicial system promises.
Between now and when you have been discharged from jury duty by the
judge, you must not discuss any information about your jury service with anyone,
including friends, co-workers, and family members. You may tell those who need to
know where you are that you have been called for jury duty. If you are picked for a
jury, you may tell people that you have been picked for a jury and how long the case
may take. However, you must not give anyone any information about the case itself
or the people involved in the case. You must also warn people not to try to say
anything to you or write to you about your jury service or the case. This includes
face-to-face, phone or computer communications.
I want to stress that you must not use electronic devices or computers to talk
about this case, including tweeting, texting, blogging, e-mailing, posting information
on a website or chat room, or any other means at all. Do not send or accept any
messages, including e-mail and text messages, about your jury service. You must
not disclose your thoughts about your jury service or ask for advice on how to decide
any case.
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The judge will tell you when you are released from this instruction.
Remember, these rules are designed to guarantee a fair trial. It is important that you
understand the rules as well as the impact on our system of justice if you fail to
follow them. If it is determined that any one of you has violated this rule, and
conducted any type of independent research or investigation, it may result in a
mistrial. A mistrial would require the case to be tried again at great expense to the
parties and the judicial system. The judge may also impose a penalty upon any juror
who violates this instruction. All of us are depending on you to follow these rules,
so that there will be a fair and lawful resolution of every case.
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201.1 DESCRIPTION OF THE CASE
Welcome. The clerk will now administer your oath.
Now that you have been sworn, I’d like to give you an idea about what we are
here to do.
This is a civil trial. A civil trial is different from a criminal case, where a
defendant is charged by the state prosecutor with committing a crime. The subject
of a civil trial is a disagreement between people or companies, where the claims of
one or more of these parties have been brought to court to be resolved. It is called
“a trial of a lawsuit.”
This case arises out of a motor vehicle collision that occurred on
December 30, 2019. Plaintiff, ASBEL ALEXANDER LLERENA, was
operating a motor vehicle on Neptune Road, Passed Hand Street in
Kissimmee, Osceola County, Florida. Plaintiff, ASBEL ALEXANDER
LLERENA, alleges that Defendant, ADRIAN RODRIGUEZ CHAVEZ,
negligently operated the motor vehicle owned by Defendant GRANNY’S
GARDEN II, INC., that led to the motor vehicle collision on Westbound on
Neptune Road, Passed Hand Street in Kissimmee, Osceola County, Florida.
The Plaintiff, ASBEL ALEXANDER LLERENA, claims he has suffered
damages, medical bills in the past and in the future, and pain and suffering in
the past and in the future. The Defendant, ADRIAN RODRIGUEZ
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CHAVEZ, denies that he was at negligent in causing the accident, and
disputes the nature, extent and causation of the Plaintiff’s alleged damages.
The principal witnesses who may testify in this case are:
Asbel Alexander Llerena
Adrian Rodriguez Chavez
Tracey Alyssa Jean Louis
Silmarie Avecedo
Timothy Bundy, D.O., CLCP, ATC
Michael Freeman Ph.D.
Farhad Booeshaghi, Ph.D., P.E.
Brett E. Petty, D.C.
Aaron Smith, D.O.
Sandeep Pillarisetty, M.D.
Thomas Cooper, M.D.
Rafael Romero, PA-C
Terel Newton, M.D.
Donald Behrmann, M.D.
Jose Pizzaro, M.D
Marino A. Chanlatte, M.D.
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Any and all medical providers/personnel at:
Joint Maneuvers Chiropractic
Spine and Orthopedics Specialist
Integrity Medical Group
Akumin
BudDocs
201.2 INTRODUCTION OF PARTICIPANTS AND THEIR ROLES
Judge/Court: I am the Judge. You may hear people occasionally refer to me
as “The Court.” That is the formal name for my role. My job is to maintain order
and decide how to apply the rules of the law to the trial. I will also explain various
rules to you that you will need to know in order to do your job as the jury. It is my
job to remain neutral on the issues of this lawsuit.
Parties: A party who files a lawsuit is called the Plaintiff. A party that is sued
is called the Defendant.
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Attorneys: The attorneys have the job of representing their clients. That
means they speak for their client here at the trial. They have taken oaths as attorneys
to do their best and to follow the rules for their profession.
Plaintiff’s Counsel: The attorney on this side of the courtroom, Melissa
Alzate, represents ASBEL ALEXANDER LLERENA, who filed the lawsuit at the
courthouse. Her job is to present her client’s side of things to you. They will usually
be referred to here as “the plaintiff.” Mrs. Alzate, will you please introduce who is
sitting at the table with you?
Defendants’ Counsel: The attorneys on this side of the courtroom, Melissa
Crowley represents ADRIAN RODRIGUEZ CHAVEZ, the ones who have been
sued. Their job is to present their clients’ side of things to you. They will usually be
referred to here as “the defendants.” Ms. Crowley, will you please introduce who is
sitting at the table with you?
Court Clerk: This person sitting in front of me, (name), is the court clerk. [He]
[She] is here to assist me with some of the mechanics of the trial process, including
the numbering and collection of the exhibits that are introduced in the course of the
trial.
Court Reporter: The person sitting at the stenographic machine, (name), is
the court reporter. [His] [Her] job is to keep an accurate legal record of everything
we say and do during this trial.
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Bailiff: The person over there, (name), is the bailiff. [His] [Her] job is to
maintain order and security in the courtroom. The bailiff is also my representative
to the jury. Anything you need or any problems that come up for you during the
course of the trial should be brought to [him] [her]. However, the bailiff cannot
answer any of your questions about the case. Only I can do that.
Jury: Last, but not least, is the jury, which we will begin to select in a few
moments from among all of you. The jury’s job will be to decide what the facts are
and what the facts mean. Jurors should be as neutral as possible at this point and
have no fixed opinion about the lawsuit.
In order to have a fair and lawful trial, there are rules that all jurors must
follow. A basic rule is that jurors must decide the case only on the evidence presented
in the courtroom. You must not communicate with anyone, including friends and
family members, about this case, the people and places involved, or your jury
service. You must not disclose your thoughts about this case or ask for advice on
how to decide this case.
I want to stress that this rule means you must not use electronic devices or
computers to communicate about this case, including tweeting, texting, blogging, e-
mailing, posting information on a website or chat room, or any other means at all.
Do not send or accept any messages to or from anyone about this case or your jury
service.
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You must not do any research or look up words, names, maps, or anything
else that may have anything to do with this case. This includes reading newspapers,
watching television or using a computer, cell phone, the Internet, any electronic
device, or any other means at all, to get information related to this case or the people
and places involved in this case. This applies whether you are in the courthouse, at
home, or anywhere else.
Many of you may have cell phones, tablets, laptops or other electronic devices
with you here in the courtroom. **
** The trial judge should select one of the following two alternative
instructions explaining the rules governing jurors’ use of electronic devices, as
explained in Note on Use 1.
Alternative A: [All cell phones, computers, tablets or other types of electronic
devices must be turned off while you are in the courtroom. Turned off means that
the phone or other electronic device is actually off and not in a silent or vibrating
mode. You may use these devices during recesses, but even then, you may not use
your cell phone or electronic device to find out any information about the case or
communicate with anyone about the case or the people involved in the case. Do not
take photographs, video recordings or audio recordings of the proceedings or of your
fellow jurors. After each recess, please double check to make sure your cell phone
or electronic device is turned off. At the end of the case, while you are deliberating,
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you must not communicate with anyone outside the jury room. You cannot have in
the jury room any cell phones, computers, or other electronic devices. If someone
needs to contact you in an emergency, the court can receive messages and deliver
them to you without delay. A contact phone number will be provided to you.]
Alternative B: [You cannot have any cell phones, tablets, laptops, or other
electronic devices in the courtroom. You may use these devices during recesses, but
even then, you may not use your cell phone or electronic device to find out any
information about the case or communicate with anyone about the case or the people
involved in the case. Do not take photographs, video recordings or audio recordings
of the proceedings or your fellow jurors. At the end of the case, while you are
deliberating, you must not communicate with anyone outside the jury room. If
someone needs to contact you in an emergency, the court can receive messages and
deliver them to you without delay. A contact phone number will be provided to
you.]
What are the reasons for these rules? These rules are imposed because jurors
must decide the case without distraction and only on the evidence presented in the
courtroom. If you investigate, research, or make inquiries on your own outside of
the courtroom, the trial judge has no way to make sure that the information you
obtain is proper for the case. The parties likewise have no opportunity to dispute or
challenge the accuracy of what you find. That is contrary to our judicial system,
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which assures every party the right to ask questions about and challenge the evidence
being considered against it and to present argument with respect to that evidence.
Any independent investigation by a juror unfairly and improperly prevents the
parties from having that opportunity our judicial system promises.
Any juror who violates these restrictions jeopardizes the fairness of these
proceedings, and a mistrial could result that would require the entire trial process to
start over. A mistrial is a tremendous expense and inconvenience to the parties, the
court, and the taxpayers. If you violate these rules, you may be held in contempt of
court, and face sanctions, such as serving time in jail, paying a fine or both.
All of your communications with courtroom personnel, or me, will be part of
the record of these proceedings. That means those communications shall either be
made in open court with the court reporter present or, if they are in writing, the
writing will be filed with the court clerk. I have instructed the courtroom personnel
that any communications you have with them outside of my presence must be
reported to me, and I will tell the parties [and their attorneys] about any
communication from you that I believe may be of interest to the parties [and their
attorneys].
However, you may communicate directly with courtroom personnel about
matters concerning your comfort and safety, such as [juror parking] [location of
break areas] [how and when to assemble for duty] [dress] [what personal items can
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be brought into the courthouse or jury room] [list any other types of routine ex parte
communications permitted].
If you become aware of any violation of these instructions or any other
instruction I give in this case, you must tell me by giving a note to the bailiff.
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201.3 EXPLANATION OF THE VOIR DIRE PROCESS
Voir Dire:
The last thing I want to do, before we begin to select the jury, is to explain to
you how the selection process works.
Questions/Challenges: This is the part of the case where the parties and their
lawyers have the opportunity to get to know a little bit about you, in order to help
them come to their own conclusions about your ability to be fair and impartial, so
they can decide who they think should be the jurors in this case.
How we go about that is as follows: First, I’ll ask some general questions of
you. Then, each of the lawyers will have more specific questions that they will ask
of you. After they have asked all of their questions, I will meet with them and they
will tell me their choices for jurors. Each side can ask that I exclude a person from
serving on a jury if they can give me a reason to believe that he or she might be
unable to be fair and impartial. That is what is called a challenge for cause. The
parties also have a certain number of what are called peremptory challenges, by
which they may exclude a person from the jury without giving a reason. By this
process of elimination, the remaining persons are selected as the jury. It may take
more than one conference among the parties, their attorneys, and me before the final
selections are made.
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Purpose of Questioning: The questions that you will be asked during this
process are not intended to embarrass you or unnecessarily pry into your personal
affairs, but it is important that the parties and their attorneys know enough about you
to make this important decision. If a question is asked that you would prefer not to
answer in front of the whole courtroom, just let me know and you can come up here
and give your answer just in front of the parties and attorneys and me. If you have a
question of either the parties or attorneys or me, don’t hesitate to let me know.
Response to Questioning: There are no right or wrong answers to the questions
that will be asked of you. The only thing that I ask is that you answer the questions
as frankly and as honestly and as completely as you can. You [will take] [have taken]
an oath to answer all questions truthfully and completely and you must do so.
Remaining silent when you have information you should disclose is a violation of
that oath as well. If a juror violates this oath, it not only may result in having to try
the case all over again but also can result in civil and criminal penalties against a
juror personally. So, again, it is very important that you be as honest and complete
with your answers as you possibly can. If you don’t understand the question, please
raise your hand and ask for an explanation or clarification.
In sum, this is a process to assist the parties and their attorneys to select a fair
and impartial jury. All of the questions they ask you are for this purpose. If, for any
reason, you do not think you can be a fair and impartial juror, you must tell us.
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202.1 INTRODUCTION
Administer oath.
You have now taken an oath to serve as jurors in this trial. Before we begin, I
am going to tell you about the rules of law that apply to this case and let you know
what you can expect as the trial proceeds.
It is my intention to give you most of the rules of law but it might be that I will
not know for sure all of the law that will apply in this case until all of the evidence
is presented. However, I can anticipate most of the law and give it to you at the
beginning of the trial so that you will better understand what to be looking for while
the evidence is presented. If I later decide that different or additional law applies to
the case, I will tell you. In any event, at the end of the evidence I will give you the
final instructions on which you must base your verdict. At that time, you will have
a complete written set of the instructions, so you do not have to memorize what I am
about to tell you.
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202.2 EXPLANATION OF THE TRIAL PROCEDURE
Now that you have heard the law, I want to let you know what you can expect
as the trial proceeds.
Opening Statements: In a few moments, the attorneys will each have a
chance to make what are called opening statements. In an opening statement, an
attorney is allowed to give you [his] [her] views about what the evidence will be in
the trial and what you are likely to see and hear in the testimony.
Evidentiary Phase: After the opening statements, the plaintiff will bring his
witnesses and evidence to you.
Evidence: Evidence is the information that the law allows you to see or hear
in deciding this case. Evidence includes the testimony of the witnesses, documents,
and anything else that I instruct you to consider.
Witnesses: A witness is a person who takes an oath to tell the truth and then
answers the attorneys’ questions for the jury. The answering of questions by
witnesses is called “giving testimony.” Testimony means statements that are made
when someone has sworn an oath to tell the truth.
The plaintiff’s lawyer will normally ask a witness the questions first. That is
called direct examination. Then the defense lawyer may ask the same witness
additional questions about whatever the witness has testified to. That is called cross-
examination. Certain documents or other evidence may also be shown to you during
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direct or cross-examination. After the plaintiff’s witnesses have testified, the
defendants will have the opportunity to put witnesses on the stand and go through
the same process. Then the plaintiff gets to do cross-examination. The process is
designed to be fair to both sides.
It is important that you remember that testimony comes from witnesses.
Attorneys do not give testimony and they are not themselves witnesses.
Objections: Sometimes the attorneys will disagree about the rules for trial
procedure when a question is asked of a witness. When that happens, one of the
lawyers may make what is called an “objection.” The rules for a trial can be
complicated, and there are many reasons for party’s and attorneys to object. You
should simply wait for me to decide how to proceed. If I say that an objection is
“sustained,” that means the witness may not answer the question. If I say that the
objection is “overruled,” that means the witness may answer the question.
When there is an objection and I make a decision, you must not assume from
that decision that I have any particular opinion other than that the rules for
conducting a trial are being correctly followed. If I say a question may not be asked
or answered, you must not try to guess what the answer would have been. That is
against the rules, too.
Side Bar Conferences: Sometimes I will need to speak to the attorneys about
legal elements of the case that are not appropriate for the jury to hear. The attorneys
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and I will try to have as few of these conferences as possible while you are giving
us your valuable time in the courtroom. But, if we do have to have such a conference
during testimony, we will try to hold the conference at the side of my desk so that
we do not have to take a break and ask you to leave the courtroom.
Recesses: Breaks in an ongoing trial are usually called “recesses.” During a
recess you still have your duties as a juror and must follow the rules, even while
having coffee, at lunch, or at home.
Instructions Before Closing Arguments: After all the evidence has been
presented to you, I will instruct you in the law that you must follow. It is important
that you remember these instructions to assist you in evaluating the final attorney
presentations, which come next, and, later, during your deliberations, to help you
correctly sort through the evidence to reach your decision.
Closing Arguments: The attorneys will then have the opportunity to make
their final presentations to you, which are called closing arguments.
Final Instructions: After you have heard the closing arguments, I will
instruct you further in the law as well as explain to you the procedures you must
follow to decide the case.
Deliberations: After you hear the final jury instructions, you will go to the
jury room and discuss and decide the questions I have put on your verdict form. [You
will have a copy of the jury instructions to use during your discussions.] The
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discussions you have and the decisions you make are usually called “jury
deliberations.” Your deliberations are absolutely private and neither I nor anyone
else will be with you in the jury room.
Verdict: When you have finished answering the questions, you will give the
verdict form to the bailiff, and we will all return to the courtroom where your verdict
will be read. When that is completed, you will be released from your assignment as
a juror.
What are the rules?
Finally, before we begin the trial, I want to give you just a brief explanation
of rules you must follow as the case proceeds.
Keeping an Open Mind: You must pay close attention to the testimony and
other evidence as it comes into the trial. However, you must avoid forming any final
opinion or telling anyone else your views on the case until you begin your
deliberations. This rule requires you to keep an open mind until you have heard all
of the evidence and is designed to prevent you from influencing how your fellow
jurors think until they have heard all of the evidence and had an opportunity to form
their own opinions. The time and place for coming to your final opinions and
speaking about them with your fellow jurors is during deliberations in the jury room,
after all of the evidence has been presented, closing arguments have been made, and
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I have instructed you on the law. It is important that you hear all of the facts and that
you hear the law and how to apply it before you start deciding anything.
Consider Only the Evidence: It is the things you hear and see in this
courtroom that matter in this trial. The law tells us that a juror can consider only the
testimony and other evidence that all the other jurors have also heard and seen in the
presence of the judge and the lawyers. Doing anything else is wrong and is against
the law. That means that you must not do any work or investigation of your own
about the case. You must not obtain on your own any information about the case or
about anyone involved in the case, from any source whatsoever. This includes
reading newspapers, watching television or using a computer, cell phone, the
Internet, any electronic device, or any other means at all, to get information related
to this case or the people and places involved in this case. This applies whether you
are in the courthouse, at home, or anywhere else. You must not visit places
mentioned in the trial or use the internet to look at maps or pictures to see any place
discussed during trial.
Do not provide any information about this case to anyone, including friends
or family members. Do not let anyone, including the closest family members, make
comments to you or ask questions about the trial. Jurors must not have discussions
of any sort with friends or family members about the case or the people and places
involved. So, do not let even the closest family members make comments to you or
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ask questions about the trial. In this age of electronic communication, I want to stress
again that just as you must not talk about this case face-to-face, you must not talk
about this case by using an electronic device. You must not use phones, computers
or other electronic devices to communicate. Do not send or accept any messages
related to this case or your jury service. Do not discuss this case or ask for advice by
any means at all, including posting information on an Internet website, chat room or
blog.
No Mid-Trial Discussions: When we are in a recess, do not discuss anything
about the trial or the case with each other or with anyone else. If the parties or
attorneys approach you, don’t speak with them. The law says they are to avoid
contact with you. If a party or attorney will not look at you or speak to you, do not
be offended or form a conclusion about that behavior. They are not supposed to
interact with jurors outside of the courtroom and are only following the rules. The
party or attorney is not being impolite. If a party or attorney or anyone else does try
to speak with you or says something about the case in your presence, please inform
the bailiff immediately.
Only the Jury Decides: Only you get to deliberate and answer the verdict
questions at the end of the trial. I will not intrude into your deliberations at all. I am
required to be neutral. You should not assume that I prefer one decision over another.
You should not try to guess what my opinion is about any part of the case. It would
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be wrong for you to conclude that anything I say or do means that I am for one side
or another in the trial. Discussing and deciding the facts is your job alone.
Use of Cell Phones and Electronic Devices in the Courtroom and Jury Room:*
*The trial judge should select one of the following two alternative instructions
explaining the rules governing jurors’ use of electronic devices, as explained
in Note on Use 3.
Alternative A: [All cell phones or other types of electronic devices must be
turned off while you are in the courtroom. Turned off means that the phone or other
electronic device is actually off and not in a silent or vibrating mode. You may use
these devices during recesses, but even then you may not use your phone or
electronic device to find out any information about the case or communicate with
anyone about the case or the people involved in the case. Do not take photographs,
video recordings or audio recordings of the proceedings or your fellow jurors. After
each recess, please double check to make sure your device is turned off. At the end
of the case, while you are deliberating, you must not communicate with anyone
outside the jury room. You cannot have in the jury room any cell phones, computers,
or other electronic devices. If there are breaks in the deliberations, I may allow you
to communicate with your family or friends, but do not communicate about the case
or your deliberations. If someone needs to contact you in an emergency, the court
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can receive messages and deliver them to you without delay. The court’s phone
number will be provided to you.]
Alternative B: [You cannot have any cell phones, computers, or other
electronic devices in the courtroom. You may use these devices during recesses, but
even then you may not use your phone or electronic device to find out any
information about the case or communicate with anyone about the case or the people
involved in the case. Do not take photographs, video recordings or audio recordings
of the proceedings or your fellow jurors. At the end of the case, while you are
deliberating, you must not communicate with anyone outside the jury room. If there
are breaks in the deliberations, I may allow you to communicate with your family or
friends, but do not communicate about the case or your deliberations. If someone
needs to contact you in an emergency, the court can receive messages and deliver
them to you without delay. The court’s phone number will be provided to you.]
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202.3 NOTE-TAKING BY JURORS
If you would like to take notes during the trial, you may do so. On the other
hand, of course, you are not required to take notes if you do not want to. That will
be left up to you individually.
You will be provided with a note pad and a pen for use if you wish to take
notes. Any notes that you take will be for your personal use. However, you should
not take them with you from the courtroom. During recesses, the bailiff will take
possession of your notes and will return them to you when we reconvene. After you
have completed your deliberations, the bailiff will deliver your notes to me. They
will be destroyed. No one will ever read your notes.
If you take notes, do not get so involved in note-taking that you become
distracted from the proceedings. Your notes should be used only as aids to your
memory.
Whether or not you take notes, you should rely on your memory of the evidence
and you should not be unduly influenced by the notes of other jurors. Notes are not
entitled to any greater weight than each juror’s memory of the evidence.
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202.4 JUROR QUESTIONS
Questions for the court or courtroom personnel:
During the trial, you may have a question about these proceedings. If so,
please write it down and hand it to the bailiff, who will then hand it to me. I will
review your question with the attorneys before responding.
Questions for witnesses:
During the trial, you may have a question you think should be asked of a
witness. If so, there is a procedure by which you may request that I ask the witness
a question. After the attorneys have completed their questioning of the witness, you
should raise your hand if you have a question. I will then give you sufficient time to
write the question on a piece of paper, fold it, and give it to the bailiff, who will pass
it to me. You must not show your question to anyone or discuss it with anyone.
I will then review the question with the attorneys. Under our law, only certain
evidence may be considered by a jury in determining a verdict. You are bound by
the same rules of evidence that control the parties’ and attorneys’ questions. If I
decide that the question may not be asked under our rules of evidence, I will tell you.
Otherwise, I will direct the question to the witness. The attorneys may then ask
follow-up questions if they wish. If there are additional questions from jurors, we
will follow the same procedure again.
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By providing this procedure, I do not mean to suggest that you must or should
submit written questions for witnesses. In most cases, the lawyers will have asked
the necessary questions.
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301.1 DEPOSITION TESTIMONY, INTERROGATORIES,
STIPULATED TESTIMONY, STIPULATIONS,
AND ADMISSIONS
a. Deposition or prior testimony:
Members of the jury, the sworn testimony of (name), given before trial, will
now be presented. You are to consider and weigh this testimony as you would any
other evidence in the case.
b. Interrogatories:
Members of the jury, answers to interrogatories will now be read to you.
Interrogatories are written questions that have been presented before trial by one
party to another. They are answered under oath. You are to consider and weigh these
questions and answers as you would any other evidence in the case.
c. Stipulated testimony:
Members of the jury, the parties have agreed that if (name of witness) were
called as a witness, [he] [she] would testify (read or describe the testimony). You are
to consider and weigh this testimony as you would any other evidence in the case.
d. Stipulations:
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Members of the jury, the parties have agreed to certain facts. You must accept
these facts as true.
e. Admissions:
1. Applicable to all parties:
Members of the jury, (identify the party or parties that have admitted
the facts) [has] [have] admitted certain facts. You must accept these facts as
true. (Read the admissions).
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301.2 INSTRUCTION WHEN FIRST ITEM OF DOCUMENTARY,
PHOTOGRAPHIC, OR PHYSICAL
EVIDENCE IS ADMITTED
The [describe item of evidence] has now been received in evidence. Witnesses
may testify about or refer to this or any other item of evidence during the remainder
of the trial. This and all other items received in evidence will be available to you for
examination during your deliberations at the end of the trial.
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301.3 INSTRUCTION WHEN EVIDENCE IS FIRST PUBLISHED TO
JURORS
The [describe item of evidence] has been received in evidence. It is being
shown to you now to help you understand the testimony of this witness and other
witnesses in the case, as well as the evidence as a whole. You may examine
[describe item of evidence] briefly now. It will also be available to you for
examination during your deliberations at the end of the trial.
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301.4 INSTRUCTION REGARDING VISUAL OR DEMONSTRATIVE
AIDS
Generally:
This witness will be using (identify demonstrative or visual aid(s)) to assist in
explaining or illustrating [his] [her] testimony. The testimony of the witness is
evidence; however, [this] [these] (identify demonstrative or visual aid(s)) [is] [are]
not to be considered as evidence in the case unless received in evidence and should
not be used as a substitute for evidence. Only items received in evidence will be
available to you for consideration during your deliberations.
Specially created visual or demonstrative aids based on disputed assumptions:
This witness will be using (identify demonstrative aid(s)) to assist in explaining
or illustrating [his] [her] testimony. [This] [These] item[s] [has] [have] been
prepared to assist this witness in explaining [his] [her] testimony. [It] [They] may be
based on assumptions which you are free to accept or reject. The testimony of the
witness is evidence; however, [this] [these] (identify demonstrative or visual aid(s))
[is] [are] not to be considered as evidence in the case unless received in evidence
and should not be used as a substitute for evidence. Only items received in evidence
will be available to you for consideration during your deliberations.
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301.10 INSTRUCTION BEFORE RECESS
We are about to take [our first] [a] recess. Remember that all of the rules I have
given you apply even when you are outside the courtroom, such as at recess.
Remember the basic rule: Do not talk to anyone, including your fellow jurors,
friends, family or co-workers about anything having to do with this trial, except to
speak to court staff. This means no e-mailing, text messaging, tweeting, blogging,
or any other form of communication. You cannot do any research about the case or
look up any information about the case. Remember to observe during our recess the
other rules I gave you. If you become aware of any violation of any of these rules at
all, notify court personnel of the violation.
After each recess, please double check to make sure [that your cell phone or
other electronic device is turned off completely] [that you do not bring your cell
phone or other electronic device into the courtroom or jury room].
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401.1 INTRODUCTION
Members of the jury, you have now heard and received all of the evidence in
this case. I am now going to tell you about the rules of law that you must use in
reaching your verdict. When I finish telling you about the rules of law, the attorneys
will present their final arguments and you will then retire to decide your verdict.
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401.2 SUMMARY OF CLAIMS
The claims and defenses in this case are as follows.
This case arises out of a motor vehicle collision that occurred on
December 3, 2019. Plaintiff, ASBEL ALEXANDER LLERENA, was
operating a motor vehicle Westbound on Neptune Road, Passed Hand Street
in Kissimmee, Osceola County, Florida. Plaintiff ASBEL ALEXANDER
LLERENA, alleges that Defendant, ADRIAN RODRIGUEZ CHAVEZ,
negligently operated the motor vehicle owned by Defendant GRANNY’S
GARDEN II, INC.. that led to the motor vehicle collision on Westbound on
Neptune Road, Passed Hand Street in Kissimmee, Osceola County, Florida.
The Plaintiff, ASBEL ALEXANDER LLERENA, claims he has suffered
damages, medical bills in the past and in the future and pain and suffering in
the past and in the future. The Defendant, ADRIAN RODRIGUEZ
CHAVEZ admits that he was at negligent in causing the accident, and
disputes the nature, extent and causation of the Plaintiff’s alleged damages.
Plaintiff, ASBEL ALEXANDER LLERENA, must prove his claims by the
greater weight of the evidence. I will now define some of the terms you will use in
deciding this case.
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401.3 GREATER WEIGHT OF THE EVIDENCE
“Greater weig
Preview
Filing # 190155761 E-Filed 01/19/2024 05:13:23 PM PRE-TRIAL CHECKLIST and ORDER CONTROLLING TRIAL (Osceola Division 20 – Judge Christine E. Arendas) (Pursuant to Fla. R. Civ. P. 1.200(d)) CASE #: 2020 CA 002872 AN P/T DATE: January 22, 2024 at 9:00 AM CASE STYLE: ALEXANDER LLERENA, ASBEL vs. RODRIGUEZ CHAVEZ, ADRIAN Estimate Length of Trial: 5 days Jury Trial: þYes oNo 1. Joint Meeting of Counsel: Completed? þYes oNo If no, date it is scheduled for: 2. Joint PT Statement: Filed? oYes þNo If no, date by which it will be filed: Can’t agree on terms. Each Party will file their own. 3. Mediation: Held? þ Yes o No When held or scheduled? 01/20/2022 4. Motions in Limine: Filed prior to this pre-trial conference? þ Yes o No - o None Must be scheduled and heard no later than one week prior to the beginning of the trial period. You must comply with Division 20’s Standing Order on Motions in Limine, found at www.ninthcircuit.org 5. Have the parties filed their Depo Designations, Counter-Designations and Objections? oYes þNo · If yes, provide a blank Order for the Court with columns for the designation (page and line), objection, and a place for the Court to rule. The Court will rule in chambers. Pursuant to the Uniform Order Setting Case for Trial, must be disclosed in writing (citing page and line numbers) (i) 30 days before the Pre-Trial Conference (designations), and (ii) 20 days before the Pre-Trial Conference (counter-designations) 6. Time Estimates: Voir Dire: Opening Statement: Closing Argument (to include rebuttal) Plaintiff (1) ___3______hr ____1.5____ min/hr ___1.5______ min/hr Plaintiff (2) _________ min/hr ___________ min/hr ___________ min/hr Defendant (1) _________ min/hr ___________ min/hr ___________ min/hr Defendant (2) _________ min/hr ___________ min/hr ___________ min/hr 7. Jury: Venire – # requested? 35 Alternate(s) – # requested? 1 Peremptory Challenges (3 per party): Total: Plaintiff: 3 Def #1: 3 Def #2: 3 8. Pending Motions, Special Provisions or Concerns? a. Plaintiff’s Omnibus Motion in Limine b. Plaintiff’s Motion in Limine as to the Admission of Liability c. Plaintiff’s Motion in Limine regarding Hollenbeck vs. Hooks d. Defendants’ Motion to Strike Plaintiff’s Amended Expert Disclosure e. Defendants’ Motion in Limine to Prevent Treating Physicians from Testifying as Expert Witnesses f. Defendants’ Motion in Limine Regarding Reptile Theory and Argument BE AWARE OF THE FOLLOWING ADDITIONAL REQUIREMENTS 9. Exhibits and Demonstrative Aids: Per the Uniform Order Setting Case for Trial, all exhibits and demonstrative aids (including Power Point Presentations) must be exchanged, initialed by counsel for all parties, and tagged and marked for identification. Any objections must be separately noted. Demonstrative aids may NOT be used during Opening Statement without (i) agreement or (ii) prior (before the first day of trial) court order. Contact Melissa (Trial Clerk) at Melissa.Burr@osceolaclerk.org for evidence tags and instructions. 10. Stipulations – Admissions – Waivers of Custodians: Must be in writing if seeking Court enforcement 11. Trial Briefs: Not required, but if you choose to submit them, please provide hard copies to Chambers (6460) at least five (5) working days prior to trial to allow adequate time for review 12. Judicial Notice: Follow the Evidence Code, Section 90.201-90.207, Florida Statutes 13. Witness Disclosure during Trial: The next day’s witnesses shall be disclosed at the end of each trial day 14. Expert Opinions: Not admissible if not expressed in deposition or in an expert report (unless no report was created and no deposition was taken) 15. Audio/video equipment – DO NOT WAIT UNTIL TRIAL TO TEST EQUIPMENT – Contact the IT Support department at http://www.ninthcircuit.org/services/technology-support or call 407-742-2488 before the first day of trial. 16. Jury Instructions and Verdict Forms – · Exchanged no later than 10 days prior to the Pre-Trial Conference · Submitted to the Judge at the Pre-Trial Conference. File originals with the Clerk and provide a Copy in MS Word (in Times New Roman font – 14 pt. double spaced) - to the Court via email to 20Bosceola@ninthcircuit.org 17. Be familiar with Judge Arendas’ s and the Ninth Judicial Circuit’s guidelines, procedures, expectations and policies, all of which can be found at https://www.ninthcircuit.org/about/judges/circuit/christine-e-arendas. VENIRE REQUEST: _________ - NUMBER OF ALTERNATES: TIME CERTAIN DATE SET FOR TRIAL (IF APPLICABLE): TENTATIVE DATE SET FOR TRIAL: ________________________________________________ # YOU MAY BE CALLED AT ANY TIME DURING THE TRIAL PERIOD. YOU ARE ON STAND-BY FOR THE ENTIRE TRIAL PERIOD. JUDGE ARENDAS’ JA WILL DISTRIBUTE A TRIAL LIST WITH CASE NAMES AND NUMBERS, ATTORNEY NAMES AND CONTACT INFORMATION. YOU ARE RESPONSIBLE FOR CONTACTING COUNSEL AHEAD OF YOU ON THE TRIAL LIST TO FIND OUT WHEN YOU MAY BE CALLED. ALL TRIAL DATES (UNLESS OTHERWISE NOTED ON THE ORDER SETTING TRIAL) START AT 9:00 A.M. IN OSCEOLA COURTROOM 4-A. DONE AND ORDERED this _______ day of , 202__. ____________________________________ CHRISTINE E. ARENDAS Circuit Judge – Division 20 2 (Amended 11/28/2023) 3 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. / PLAINTIFF’S NOTICE OF FILING PROPOSED JURY INSTRUCTIONS COMES NOW, the Plaintiff, ASBEL ALEXANDER LLERENA, Pursuant to this Court’s Order, and hereby complies and requests that the attached jury instructions be utilized in the trial of this matter. CERTIFICATE OF SERVICE I HEREBY CERTIFY that on December 21, 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 1 SECTION 101 - OATHS 101.1 OATH OF JURORS BEFORE VOIR DIRE Do you solemnly swear or affirm that you will answer truthfully all questions asked of you as prospective jurors? 101.2 OATH OF JUROR AFTER VOIR DIRE Do you solemnly swear or affirm that you will well and truly try this case between the Plaintiff, ASBEL ALEXANDER LLERENA, and the Defendants, ADRIAN RODRIGUEZ CHAVEZ, and GRANNY’S GARDEN II, INC., and a true verdict render according to the law and evidence? 101.3 OATH OF A WITNESS Do you solemnly swear or affirm that the evidence you are about to give will be the truth, the whole truth, and nothing but the truth? 2 QUALIFICATIONS INSTRUCTION Many of you have electronic devices such as cell phones, smartphones, tablets, and laptops. Even though you have not yet been selected as a juror, there are some strict rules that you must follow about electronic devices. When you are called to a courtroom, the judge will give you specific instructions on the use of electronic devices. These rules are so important that the judge may tell you that you must turn off your cell phone or other electronic devices completely or that you cannot have your cell phone or electronic devices in the courtroom. If someone needs to contact you in case of an emergency, the judge will provide you with a phone number where you can receive messages. If the trial judge allows you to keep your cell phones, computers, or other electronic devices, you cannot use them to take photographs, video recordings, or audio recordings of the proceedings in the courtroom or your fellow jurors. You must not use them to search the Internet or to find out anything related to any cases in the courthouse. Why is this restriction imposed? This restriction is imposed because jurors must decide the case without distraction and only on the evidence presented in the courtroom. I know that, for some of you, these restrictions affect your normal daily activities and may require a change in the way you are used to communicating and perhaps even in the way you are used to learning. 3 If you investigate, research, or make inquiries on your own, the trial judge has no way to make sure that the information you obtain is proper for the case. The parties likewise have no opportunity to dispute or challenge the accuracy of what you find. Any independent investigation by a juror unfairly and improperly prevents the parties from having that opportunity our judicial system promises. Between now and when you have been discharged from jury duty by the judge, you must not discuss any information about your jury service with anyone, including friends, co-workers, and family members. You may tell those who need to know where you are that you have been called for jury duty. If you are picked for a jury, you may tell people that you have been picked for a jury and how long the case may take. However, you must not give anyone any information about the case itself or the people involved in the case. You must also warn people not to try to say anything to you or write to you about your jury service or the case. This includes face-to-face, phone or computer communications. I want to stress that you must not use electronic devices or computers to talk about this case, including tweeting, texting, blogging, e-mailing, posting information on a website or chat room, or any other means at all. Do not send or accept any messages, including e-mail and text messages, about your jury service. You must not disclose your thoughts about your jury service or ask for advice on how to decide any case. 4 The judge will tell you when you are released from this instruction. Remember, these rules are designed to guarantee a fair trial. It is important that you understand the rules as well as the impact on our system of justice if you fail to follow them. If it is determined that any one of you has violated this rule, and conducted any type of independent research or investigation, it may result in a mistrial. A mistrial would require the case to be tried again at great expense to the parties and the judicial system. The judge may also impose a penalty upon any juror who violates this instruction. All of us are depending on you to follow these rules, so that there will be a fair and lawful resolution of every case. 5 201.1 DESCRIPTION OF THE CASE Welcome. The clerk will now administer your oath. Now that you have been sworn, I’d like to give you an idea about what we are here to do. This is a civil trial. A civil trial is different from a criminal case, where a defendant is charged by the state prosecutor with committing a crime. The subject of a civil trial is a disagreement between people or companies, where the claims of one or more of these parties have been brought to court to be resolved. It is called “a trial of a lawsuit.” This case arises out of a motor vehicle collision that occurred on December 30, 2019. Plaintiff, ASBEL ALEXANDER LLERENA, was operating a motor vehicle on Neptune Road, Passed Hand Street in Kissimmee, Osceola County, Florida. Plaintiff, ASBEL ALEXANDER LLERENA, alleges that Defendant, ADRIAN RODRIGUEZ CHAVEZ, negligently operated the motor vehicle owned by Defendant GRANNY’S GARDEN II, INC., that led to the motor vehicle collision on Westbound on Neptune Road, Passed Hand Street in Kissimmee, Osceola County, Florida. The Plaintiff, ASBEL ALEXANDER LLERENA, claims he has suffered damages, medical bills in the past and in the future, and pain and suffering in the past and in the future. The Defendant, ADRIAN RODRIGUEZ 6 CHAVEZ, denies that he was at negligent in causing the accident, and disputes the nature, extent and causation of the Plaintiff’s alleged damages. The principal witnesses who may testify in this case are: Asbel Alexander Llerena Adrian Rodriguez Chavez Tracey Alyssa Jean Louis Silmarie Avecedo Timothy Bundy, D.O., CLCP, ATC Michael Freeman Ph.D. Farhad Booeshaghi, Ph.D., P.E. Brett E. Petty, D.C. Aaron Smith, D.O. Sandeep Pillarisetty, M.D. Thomas Cooper, M.D. Rafael Romero, PA-C Terel Newton, M.D. Donald Behrmann, M.D. Jose Pizzaro, M.D Marino A. Chanlatte, M.D. 7 Any and all medical providers/personnel at: Joint Maneuvers Chiropractic Spine and Orthopedics Specialist Integrity Medical Group Akumin BudDocs 201.2 INTRODUCTION OF PARTICIPANTS AND THEIR ROLES Judge/Court: I am the Judge. You may hear people occasionally refer to me as “The Court.” That is the formal name for my role. My job is to maintain order and decide how to apply the rules of the law to the trial. I will also explain various rules to you that you will need to know in order to do your job as the jury. It is my job to remain neutral on the issues of this lawsuit. Parties: A party who files a lawsuit is called the Plaintiff. A party that is sued is called the Defendant. 8 Attorneys: The attorneys have the job of representing their clients. That means they speak for their client here at the trial. They have taken oaths as attorneys to do their best and to follow the rules for their profession. Plaintiff’s Counsel: The attorney on this side of the courtroom, Melissa Alzate, represents ASBEL ALEXANDER LLERENA, who filed the lawsuit at the courthouse. Her job is to present her client’s side of things to you. They will usually be referred to here as “the plaintiff.” Mrs. Alzate, will you please introduce who is sitting at the table with you? Defendants’ Counsel: The attorneys on this side of the courtroom, Melissa Crowley represents ADRIAN RODRIGUEZ CHAVEZ, the ones who have been sued. Their job is to present their clients’ side of things to you. They will usually be referred to here as “the defendants.” Ms. Crowley, will you please introduce who is sitting at the table with you? Court Clerk: This person sitting in front of me, (name), is the court clerk. [He] [She] is here to assist me with some of the mechanics of the trial process, including the numbering and collection of the exhibits that are introduced in the course of the trial. Court Reporter: The person sitting at the stenographic machine, (name), is the court reporter. [His] [Her] job is to keep an accurate legal record of everything we say and do during this trial. 9 Bailiff: The person over there, (name), is the bailiff. [His] [Her] job is to maintain order and security in the courtroom. The bailiff is also my representative to the jury. Anything you need or any problems that come up for you during the course of the trial should be brought to [him] [her]. However, the bailiff cannot answer any of your questions about the case. Only I can do that. Jury: Last, but not least, is the jury, which we will begin to select in a few moments from among all of you. The jury’s job will be to decide what the facts are and what the facts mean. Jurors should be as neutral as possible at this point and have no fixed opinion about the lawsuit. In order to have a fair and lawful trial, there are rules that all jurors must follow. A basic rule is that jurors must decide the case only on the evidence presented in the courtroom. You must not communicate with anyone, including friends and family members, about this case, the people and places involved, or your jury service. You must not disclose your thoughts about this case or ask for advice on how to decide this case. I want to stress that this rule means you must not use electronic devices or computers to communicate about this case, including tweeting, texting, blogging, e- mailing, posting information on a website or chat room, or any other means at all. Do not send or accept any messages to or from anyone about this case or your jury service. 10 You must not do any research or look up words, names, maps, or anything else that may have anything to do with this case. This includes reading newspapers, watching television or using a computer, cell phone, the Internet, any electronic device, or any other means at all, to get information related to this case or the people and places involved in this case. This applies whether you are in the courthouse, at home, or anywhere else. Many of you may have cell phones, tablets, laptops or other electronic devices with you here in the courtroom. ** ** The trial judge should select one of the following two alternative instructions explaining the rules governing jurors’ use of electronic devices, as explained in Note on Use 1. Alternative A: [All cell phones, computers, tablets or other types of electronic devices must be turned off while you are in the courtroom. Turned off means that the phone or other electronic device is actually off and not in a silent or vibrating mode. You may use these devices during recesses, but even then, you may not use your cell phone or electronic device to find out any information about the case or communicate with anyone about the case or the people involved in the case. Do not take photographs, video recordings or audio recordings of the proceedings or of your fellow jurors. After each recess, please double check to make sure your cell phone or electronic device is turned off. At the end of the case, while you are deliberating, 11 you must not communicate with anyone outside the jury room. You cannot have in the jury room any cell phones, computers, or other electronic devices. If someone needs to contact you in an emergency, the court can receive messages and deliver them to you without delay. A contact phone number will be provided to you.] Alternative B: [You cannot have any cell phones, tablets, laptops, or other electronic devices in the courtroom. You may use these devices during recesses, but even then, you may not use your cell phone or electronic device to find out any information about the case or communicate with anyone about the case or the people involved in the case. Do not take photographs, video recordings or audio recordings of the proceedings or your fellow jurors. At the end of the case, while you are deliberating, you must not communicate with anyone outside the jury room. If someone needs to contact you in an emergency, the court can receive messages and deliver them to you without delay. A contact phone number will be provided to you.] What are the reasons for these rules? These rules are imposed because jurors must decide the case without distraction and only on the evidence presented in the courtroom. If you investigate, research, or make inquiries on your own outside of the courtroom, the trial judge has no way to make sure that the information you obtain is proper for the case. The parties likewise have no opportunity to dispute or challenge the accuracy of what you find. That is contrary to our judicial system, 12 which assures every party the right to ask questions about and challenge the evidence being considered against it and to present argument with respect to that evidence. Any independent investigation by a juror unfairly and improperly prevents the parties from having that opportunity our judicial system promises. Any juror who violates these restrictions jeopardizes the fairness of these proceedings, and a mistrial could result that would require the entire trial process to start over. A mistrial is a tremendous expense and inconvenience to the parties, the court, and the taxpayers. If you violate these rules, you may be held in contempt of court, and face sanctions, such as serving time in jail, paying a fine or both. All of your communications with courtroom personnel, or me, will be part of the record of these proceedings. That means those communications shall either be made in open court with the court reporter present or, if they are in writing, the writing will be filed with the court clerk. I have instructed the courtroom personnel that any communications you have with them outside of my presence must be reported to me, and I will tell the parties [and their attorneys] about any communication from you that I believe may be of interest to the parties [and their attorneys]. However, you may communicate directly with courtroom personnel about matters concerning your comfort and safety, such as [juror parking] [location of break areas] [how and when to assemble for duty] [dress] [what personal items can 13 be brought into the courthouse or jury room] [list any other types of routine ex parte communications permitted]. If you become aware of any violation of these instructions or any other instruction I give in this case, you must tell me by giving a note to the bailiff. 14 201.3 EXPLANATION OF THE VOIR DIRE PROCESS Voir Dire: The last thing I want to do, before we begin to select the jury, is to explain to you how the selection process works. Questions/Challenges: This is the part of the case where the parties and their lawyers have the opportunity to get to know a little bit about you, in order to help them come to their own conclusions about your ability to be fair and impartial, so they can decide who they think should be the jurors in this case. How we go about that is as follows: First, I’ll ask some general questions of you. Then, each of the lawyers will have more specific questions that they will ask of you. After they have asked all of their questions, I will meet with them and they will tell me their choices for jurors. Each side can ask that I exclude a person from serving on a jury if they can give me a reason to believe that he or she might be unable to be fair and impartial. That is what is called a challenge for cause. The parties also have a certain number of what are called peremptory challenges, by which they may exclude a person from the jury without giving a reason. By this process of elimination, the remaining persons are selected as the jury. It may take more than one conference among the parties, their attorneys, and me before the final selections are made. 15 Purpose of Questioning: The questions that you will be asked during this process are not intended to embarrass you or unnecessarily pry into your personal affairs, but it is important that the parties and their attorneys know enough about you to make this important decision. If a question is asked that you would prefer not to answer in front of the whole courtroom, just let me know and you can come up here and give your answer just in front of the parties and attorneys and me. If you have a question of either the parties or attorneys or me, don’t hesitate to let me know. Response to Questioning: There are no right or wrong answers to the questions that will be asked of you. The only thing that I ask is that you answer the questions as frankly and as honestly and as completely as you can. You [will take] [have taken] an oath to answer all questions truthfully and completely and you must do so. Remaining silent when you have information you should disclose is a violation of that oath as well. If a juror violates this oath, it not only may result in having to try the case all over again but also can result in civil and criminal penalties against a juror personally. So, again, it is very important that you be as honest and complete with your answers as you possibly can. If you don’t understand the question, please raise your hand and ask for an explanation or clarification. In sum, this is a process to assist the parties and their attorneys to select a fair and impartial jury. All of the questions they ask you are for this purpose. If, for any reason, you do not think you can be a fair and impartial juror, you must tell us. 16 17 202.1 INTRODUCTION Administer oath. You have now taken an oath to serve as jurors in this trial. Before we begin, I am going to tell you about the rules of law that apply to this case and let you know what you can expect as the trial proceeds. It is my intention to give you most of the rules of law but it might be that I will not know for sure all of the law that will apply in this case until all of the evidence is presented. However, I can anticipate most of the law and give it to you at the beginning of the trial so that you will better understand what to be looking for while the evidence is presented. If I later decide that different or additional law applies to the case, I will tell you. In any event, at the end of the evidence I will give you the final instructions on which you must base your verdict. At that time, you will have a complete written set of the instructions, so you do not have to memorize what I am about to tell you. 18 202.2 EXPLANATION OF THE TRIAL PROCEDURE Now that you have heard the law, I want to let you know what you can expect as the trial proceeds. Opening Statements: In a few moments, the attorneys will each have a chance to make what are called opening statements. In an opening statement, an attorney is allowed to give you [his] [her] views about what the evidence will be in the trial and what you are likely to see and hear in the testimony. Evidentiary Phase: After the opening statements, the plaintiff will bring his witnesses and evidence to you. Evidence: Evidence is the information that the law allows you to see or hear in deciding this case. Evidence includes the testimony of the witnesses, documents, and anything else that I instruct you to consider. Witnesses: A witness is a person who takes an oath to tell the truth and then answers the attorneys’ questions for the jury. The answering of questions by witnesses is called “giving testimony.” Testimony means statements that are made when someone has sworn an oath to tell the truth. The plaintiff’s lawyer will normally ask a witness the questions first. That is called direct examination. Then the defense lawyer may ask the same witness additional questions about whatever the witness has testified to. That is called cross- examination. Certain documents or other evidence may also be shown to you during 19 direct or cross-examination. After the plaintiff’s witnesses have testified, the defendants will have the opportunity to put witnesses on the stand and go through the same process. Then the plaintiff gets to do cross-examination. The process is designed to be fair to both sides. It is important that you remember that testimony comes from witnesses. Attorneys do not give testimony and they are not themselves witnesses. Objections: Sometimes the attorneys will disagree about the rules for trial procedure when a question is asked of a witness. When that happens, one of the lawyers may make what is called an “objection.” The rules for a trial can be complicated, and there are many reasons for party’s and attorneys to object. You should simply wait for me to decide how to proceed. If I say that an objection is “sustained,” that means the witness may not answer the question. If I say that the objection is “overruled,” that means the witness may answer the question. When there is an objection and I make a decision, you must not assume from that decision that I have any particular opinion other than that the rules for conducting a trial are being correctly followed. If I say a question may not be asked or answered, you must not try to guess what the answer would have been. That is against the rules, too. Side Bar Conferences: Sometimes I will need to speak to the attorneys about legal elements of the case that are not appropriate for the jury to hear. The attorneys 20 and I will try to have as few of these conferences as possible while you are giving us your valuable time in the courtroom. But, if we do have to have such a conference during testimony, we will try to hold the conference at the side of my desk so that we do not have to take a break and ask you to leave the courtroom. Recesses: Breaks in an ongoing trial are usually called “recesses.” During a recess you still have your duties as a juror and must follow the rules, even while having coffee, at lunch, or at home. Instructions Before Closing Arguments: After all the evidence has been presented to you, I will instruct you in the law that you must follow. It is important that you remember these instructions to assist you in evaluating the final attorney presentations, which come next, and, later, during your deliberations, to help you correctly sort through the evidence to reach your decision. Closing Arguments: The attorneys will then have the opportunity to make their final presentations to you, which are called closing arguments. Final Instructions: After you have heard the closing arguments, I will instruct you further in the law as well as explain to you the procedures you must follow to decide the case. Deliberations: After you hear the final jury instructions, you will go to the jury room and discuss and decide the questions I have put on your verdict form. [You will have a copy of the jury instructions to use during your discussions.] The 21 discussions you have and the decisions you make are usually called “jury deliberations.” Your deliberations are absolutely private and neither I nor anyone else will be with you in the jury room. Verdict: When you have finished answering the questions, you will give the verdict form to the bailiff, and we will all return to the courtroom where your verdict will be read. When that is completed, you will be released from your assignment as a juror. What are the rules? Finally, before we begin the trial, I want to give you just a brief explanation of rules you must follow as the case proceeds. Keeping an Open Mind: You must pay close attention to the testimony and other evidence as it comes into the trial. However, you must avoid forming any final opinion or telling anyone else your views on the case until you begin your deliberations. This rule requires you to keep an open mind until you have heard all of the evidence and is designed to prevent you from influencing how your fellow jurors think until they have heard all of the evidence and had an opportunity to form their own opinions. The time and place for coming to your final opinions and speaking about them with your fellow jurors is during deliberations in the jury room, after all of the evidence has been presented, closing arguments have been made, and 22 I have instructed you on the law. It is important that you hear all of the facts and that you hear the law and how to apply it before you start deciding anything. Consider Only the Evidence: It is the things you hear and see in this courtroom that matter in this trial. The law tells us that a juror can consider only the testimony and other evidence that all the other jurors have also heard and seen in the presence of the judge and the lawyers. Doing anything else is wrong and is against the law. That means that you must not do any work or investigation of your own about the case. You must not obtain on your own any information about the case or about anyone involved in the case, from any source whatsoever. This includes reading newspapers, watching television or using a computer, cell phone, the Internet, any electronic device, or any other means at all, to get information related to this case or the people and places involved in this case. This applies whether you are in the courthouse, at home, or anywhere else. You must not visit places mentioned in the trial or use the internet to look at maps or pictures to see any place discussed during trial. Do not provide any information about this case to anyone, including friends or family members. Do not let anyone, including the closest family members, make comments to you or ask questions about the trial. Jurors must not have discussions of any sort with friends or family members about the case or the people and places involved. So, do not let even the closest family members make comments to you or 23 ask questions about the trial. In this age of electronic communication, I want to stress again that just as you must not talk about this case face-to-face, you must not talk about this case by using an electronic device. You must not use phones, computers or other electronic devices to communicate. Do not send or accept any messages related to this case or your jury service. Do not discuss this case or ask for advice by any means at all, including posting information on an Internet website, chat room or blog. No Mid-Trial Discussions: When we are in a recess, do not discuss anything about the trial or the case with each other or with anyone else. If the parties or attorneys approach you, don’t speak with them. The law says they are to avoid contact with you. If a party or attorney will not look at you or speak to you, do not be offended or form a conclusion about that behavior. They are not supposed to interact with jurors outside of the courtroom and are only following the rules. The party or attorney is not being impolite. If a party or attorney or anyone else does try to speak with you or says something about the case in your presence, please inform the bailiff immediately. Only the Jury Decides: Only you get to deliberate and answer the verdict questions at the end of the trial. I will not intrude into your deliberations at all. I am required to be neutral. You should not assume that I prefer one decision over another. You should not try to guess what my opinion is about any part of the case. It would 24 be wrong for you to conclude that anything I say or do means that I am for one side or another in the trial. Discussing and deciding the facts is your job alone. Use of Cell Phones and Electronic Devices in the Courtroom and Jury Room:* *The trial judge should select one of the following two alternative instructions explaining the rules governing jurors’ use of electronic devices, as explained in Note on Use 3. Alternative A: [All cell phones or other types of electronic devices must be turned off while you are in the courtroom. Turned off means that the phone or other electronic device is actually off and not in a silent or vibrating mode. You may use these devices during recesses, but even then you may not use your phone or electronic device to find out any information about the case or communicate with anyone about the case or the people involved in the case. Do not take photographs, video recordings or audio recordings of the proceedings or your fellow jurors. After each recess, please double check to make sure your device is turned off. At the end of the case, while you are deliberating, you must not communicate with anyone outside the jury room. You cannot have in the jury room any cell phones, computers, or other electronic devices. If there are breaks in the deliberations, I may allow you to communicate with your family or friends, but do not communicate about the case or your deliberations. If someone needs to contact you in an emergency, the court 25 can receive messages and deliver them to you without delay. The court’s phone number will be provided to you.] Alternative B: [You cannot have any cell phones, computers, or other electronic devices in the courtroom. You may use these devices during recesses, but even then you may not use your phone or electronic device to find out any information about the case or communicate with anyone about the case or the people involved in the case. Do not take photographs, video recordings or audio recordings of the proceedings or your fellow jurors. At the end of the case, while you are deliberating, you must not communicate with anyone outside the jury room. If there are breaks in the deliberations, I may allow you to communicate with your family or friends, but do not communicate about the case or your deliberations. If someone needs to contact you in an emergency, the court can receive messages and deliver them to you without delay. The court’s phone number will be provided to you.] 26 202.3 NOTE-TAKING BY JURORS If you would like to take notes during the trial, you may do so. On the other hand, of course, you are not required to take notes if you do not want to. That will be left up to you individually. You will be provided with a note pad and a pen for use if you wish to take notes. Any notes that you take will be for your personal use. However, you should not take them with you from the courtroom. During recesses, the bailiff will take possession of your notes and will return them to you when we reconvene. After you have completed your deliberations, the bailiff will deliver your notes to me. They will be destroyed. No one will ever read your notes. If you take notes, do not get so involved in note-taking that you become distracted from the proceedings. Your notes should be used only as aids to your memory. Whether or not you take notes, you should rely on your memory of the evidence and you should not be unduly influenced by the notes of other jurors. Notes are not entitled to any greater weight than each juror’s memory of the evidence. 27 202.4 JUROR QUESTIONS Questions for the court or courtroom personnel: During the trial, you may have a question about these proceedings. If so, please write it down and hand it to the bailiff, who will then hand it to me. I will review your question with the attorneys before responding. Questions for witnesses: During the trial, you may have a question you think should be asked of a witness. If so, there is a procedure by which you may request that I ask the witness a question. After the attorneys have completed their questioning of the witness, you should raise your hand if you have a question. I will then give you sufficient time to write the question on a piece of paper, fold it, and give it to the bailiff, who will pass it to me. You must not show your question to anyone or discuss it with anyone. I will then review the question with the attorneys. Under our law, only certain evidence may be considered by a jury in determining a verdict. You are bound by the same rules of evidence that control the parties’ and attorneys’ questions. If I decide that the question may not be asked under our rules of evidence, I will tell you. Otherwise, I will direct the question to the witness. The attorneys may then ask follow-up questions if they wish. If there are additional questions from jurors, we will follow the same procedure again. 28 By providing this procedure, I do not mean to suggest that you must or should submit written questions for witnesses. In most cases, the lawyers will have asked the necessary questions. 29 301.1 DEPOSITION TESTIMONY, INTERROGATORIES, STIPULATED TESTIMONY, STIPULATIONS, AND ADMISSIONS a. Deposition or prior testimony: Members of the jury, the sworn testimony of (name), given before trial, will now be presented. You are to consider and weigh this testimony as you would any other evidence in the case. b. Interrogatories: Members of the jury, answers to interrogatories will now be read to you. Interrogatories are written questions that have been presented before trial by one party to another. They are answered under oath. You are to consider and weigh these questions and answers as you would any other evidence in the case. c. Stipulated testimony: Members of the jury, the parties have agreed that if (name of witness) were called as a witness, [he] [she] would testify (read or describe the testimony). You are to consider and weigh this testimony as you would any other evidence in the case. d. Stipulations: 30 Members of the jury, the parties have agreed to certain facts. You must accept these facts as true. e. Admissions: 1. Applicable to all parties: Members of the jury, (identify the party or parties that have admitted the facts) [has] [have] admitted certain facts. You must accept these facts as true. (Read the admissions). 31 301.2 INSTRUCTION WHEN FIRST ITEM OF DOCUMENTARY, PHOTOGRAPHIC, OR PHYSICAL EVIDENCE IS ADMITTED The [describe item of evidence] has now been received in evidence. Witnesses may testify about or refer to this or any other item of evidence during the remainder of the trial. This and all other items received in evidence will be available to you for examination during your deliberations at the end of the trial. 32 301.3 INSTRUCTION WHEN EVIDENCE IS FIRST PUBLISHED TO JURORS The [describe item of evidence] has been received in evidence. It is being shown to you now to help you understand the testimony of this witness and other witnesses in the case, as well as the evidence as a whole. You may examine [describe item of evidence] briefly now. It will also be available to you for examination during your deliberations at the end of the trial. 33 301.4 INSTRUCTION REGARDING VISUAL OR DEMONSTRATIVE AIDS Generally: This witness will be using (identify demonstrative or visual aid(s)) to assist in explaining or illustrating [his] [her] testimony. The testimony of the witness is evidence; however, [this] [these] (identify demonstrative or visual aid(s)) [is] [are] not to be considered as evidence in the case unless received in evidence and should not be used as a substitute for evidence. Only items received in evidence will be available to you for consideration during your deliberations. Specially created visual or demonstrative aids based on disputed assumptions: This witness will be using (identify demonstrative aid(s)) to assist in explaining or illustrating [his] [her] testimony. [This] [These] item[s] [has] [have] been prepared to assist this witness in explaining [his] [her] testimony. [It] [They] may be based on assumptions which you are free to accept or reject. The testimony of the witness is evidence; however, [this] [these] (identify demonstrative or visual aid(s)) [is] [are] not to be considered as evidence in the case unless received in evidence and should not be used as a substitute for evidence. Only items received in evidence will be available to you for consideration during your deliberations. 34 35 301.10 INSTRUCTION BEFORE RECESS We are about to take [our first] [a] recess. Remember that all of the rules I have given you apply even when you are outside the courtroom, such as at recess. Remember the basic rule: Do not talk to anyone, including your fellow jurors, friends, family or co-workers about anything having to do with this trial, except to speak to court staff. This means no e-mailing, text messaging, tweeting, blogging, or any other form of communication. You cannot do any research about the case or look up any information about the case. Remember to observe during our recess the other rules I gave you. If you become aware of any violation of any of these rules at all, notify court personnel of the violation. After each recess, please double check to make sure [that your cell phone or other electronic device is turned off completely] [that you do not bring your cell phone or other electronic device into the courtroom or jury room]. 36 401.1 INTRODUCTION Members of the jury, you have now heard and received all of the evidence in this case. I am now going to tell you about the rules of law that you must use in reaching your verdict. When I finish telling you about the rules of law, the attorneys will present their final arguments and you will then retire to decide your verdict. 37 401.2 SUMMARY OF CLAIMS The claims and defenses in this case are as follows. This case arises out of a motor vehicle collision that occurred on December 3, 2019. Plaintiff, ASBEL ALEXANDER LLERENA, was operating a motor vehicle Westbound on Neptune Road, Passed Hand Street in Kissimmee, Osceola County, Florida. Plaintiff ASBEL ALEXANDER LLERENA, alleges that Defendant, ADRIAN RODRIGUEZ CHAVEZ, negligently operated the motor vehicle owned by Defendant GRANNY’S GARDEN II, INC.. that led to the motor vehicle collision on Westbound on Neptune Road, Passed Hand Street in Kissimmee, Osceola County, Florida. The Plaintiff, ASBEL ALEXANDER LLERENA, claims he has suffered damages, medical bills in the past and in the future and pain and suffering in the past and in the future. The Defendant, ADRIAN RODRIGUEZ CHAVEZ admits that he was at negligent in causing the accident, and disputes the nature, extent and causation of the Plaintiff’s alleged damages. Plaintiff, ASBEL ALEXANDER LLERENA, must prove his claims by the greater weight of the evidence. I will now define some of the terms you will use in deciding this case. 38 39 401.3 GREATER WEIGHT OF THE EVIDENCE “Greater weig