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Filing # 190194836 E-Filed 01/22/2024 08:06:18 AM
CASE NO: 2020 CA 002872 AN
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, CIVIL DIVISION: 20
v.
ADRIAN RODRIGUEZ CHAVEZ and
GRANNY'S GARDEN II, INC.,
Defendants.
_______________________________/
DEFENDANTS’ PRETRIAL STATEMENT
COMES NOW, the Defendants, by and through the undersigned counsel and in
compliance with this Honorable Court’s Pre-Trial order, and provide the following:
1. Statement of the case to be read to the jury at the beginning of voir dire:
This case arises out of a motor vehicle accident that occurred on December 3, 2019.
Plaintiff, ASBEL ALEXANDER LLERENA, was operating a motor vehicle on Neptune Road in
Kissimmee, 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 accident on Neptune Road in
Kissimmee, in Osceola County, Florida, The Plaintiff, ASBEL ALEXANDER LLERENA, claims
he has suffered damages, medical bills in the past and in the future, lost wages and pain and
suffering in the past and in the future.
The Defendants, ADRIAN RODRIGUEZ CHAVEZ AND GRANNY'S GARDEN II,
INC., disputes liability, and the nature, extent and causation of Plaintiff’s alleged damages, the
nature, extent and causation of the Plaintiff’s alleged damages.
1
COLE, SCOTT & KISSANE, P.A.
TOWER PLACE, SUITE 400 - 1900 SUMMIT TOWER BOULEVARD - ORLANDO, FLORIDA 32810 - (321) 972-0000 (321) 972-0099 FAX
CASE NO: 2020 CA 002872 AN
2. Statement of admitted facts that may be read at Trial as a stipulation of
counsel:
1. The Parties agree that the accident occurred on December 3, 2019, on Neptune Road in
Kissimmee, Florida.
2. The Parties agree that, at the time of the accident, Defendant, ADRIAN RODRIGUEZ
CHAVEZ, was in the course and scope of his employment with Defendant, GRANNY'S
GARDEN II, INC.
3. Identification of the issues of facts to be tried:
(a) Was Defendant, Chavez negligent for causing the automobile accident.
(b) Was the Plaintiff negligent, to some degree, for causing the accident.
(c) Did Plaintiff sustain a permanent injury in the accident at issue?
(d) What is the amount of the past medical bills?
(e) What is the amount of the future medical expenses?
(f) What is the amount of general damages that will compensate Plaintiff for past pain and
suffering?
(g) What is the amount of general damages that will compensate Plaintiff for future pain and
suffering?
4. Identification of all unresolved issue of law, procedure or evidence.
1. General principles of negligence
2. Florida Rules of Civil Procedure
3. Florida Evidence Code
5. Each Party’s witness list.
Plaintiff’s Witness List is annexed hereto as Exhibit “A”.
Defendants’ Witness list is annexed hereto as Exhibit “B”.
6. Each Party’s scheduled of exhibits with objections.
Plaintiff’s annotation of Defendant’s Exhibit Schedule is attached hereto as Exhibit “C”.
Defendants’ annotation of Plaintiff’s Exhibit Schedule is attached hereto as Exhibit “D”.
2
COLE, SCOTT & KISSANE, P.A.
TOWER PLACE, SUITE 400 - 1900 SUMMIT TOWER BOULEVARD - ORLANDO, FLORIDA 32810 - (321) 972-0000 (321) 972-0099 FAX
CASE NO: 2020 CA 002872 AN
7. Any stipulation on evidentiary matter, with specification of the applicable matters
to which the stipulation applies.
A. The parties agree to stipulate and waive records custodians for all exhibits, records,
video or photographs identified in the Plaintiff’s and Defendant’s Witness and Exhibit
Lists and waive authentication requirements thereto for the purpose of admission into
evidence of medical records and bills and agree to use copies in lieu of originals. The
parties waive the appearance of records custodians at trial.
B. Experts and treating physicians may be called out of turn.
C. Copies of original documents may be introduced in lieu of originals.
D. The use of Records Custodians to authenticate and identify records and bills shall not
be necessary. Objections are reserved as to admissibility of hearsay opinions expressed
within the records.
E. Anatomical charts and skeletal devices, provided there is no other basis for objection,
may be used at trial if a qualified witness testifies that they will assist in presenting the
witness’s testimony.
F. A mortality table published in Florida statutes, Florida Statutes Annotated or by the
U.S. Department of Health and Human Services may be used, if applicable.
G. Photographs and video can be used by both sides, the testimony of the photographer
will not be required for entry of photographs into evidence.
H. Objections to relevancy preserved; and
I. Any collateral source setoffs to be determined and addressed post-trial.
8. The number of peremptory challenges.
Each party shall have three (3) peremptory challenges.
9. The number of jurors requested for the venire panel.
Each side proposes 35.
10. A realistic, good faith estimate of the number of days required for Trial.
The parties estimate 5 days for trial.
11. The specific category of damages, including attorneys’ fees, claimed by each
party and, when possible, the amount of such damages sought by each party.
3
COLE, SCOTT & KISSANE, P.A.
TOWER PLACE, SUITE 400 - 1900 SUMMIT TOWER BOULEVARD - ORLANDO, FLORIDA 32810 - (321) 972-0000 (321) 972-0099 FAX
CASE NO: 2020 CA 002872 AN
Plaintiff is seeking compensation for his injuries as a result of this accident, past medicals, future
medicals, past pain and suffering and future pain and suffering.
12. Designation of Lead Trial Counsel. No change of Lead Trial Counsel may be
made without leave of the Court, if such change disrupts the Trial schedule.
For Plaintiff: Melissa Alzate, Esquire and Trial Partner
For Defendants: Scott A. Shelton, Esquire, and Trial Partner
11. List of all outstanding motions and, as to each motion listed, either the date
and time for hearing the motion or a statement that motion has been waived or withdrawn
or is moot.
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. Defendant’s Motion to Strike Plaintiff’s Amended Expert Disclosure
e. Defendant’s Motion in Limine to Prevent Treating Physicians from testifying
as Expert Witnesses
f. Defendant’s Motion in Limine Regarding Reptile Theory and Argument
12. Identify with specificity, any matters of which the parties will ask the Court to
take Judicial Notice.
None Known at this time.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this 22th day of January, 2024, a true and correct
copy of the foregoing was filed with the Clerk of Osceola County by using the Florida
Courts e-Filing Portal, which will send an automatic e-mail message to the following
parties registered with the e-Filing Portal system: Melissa Alzate, Esq., Morgan &
Morgan, P.A., malzate@forthepeople.com; imerlos@forthepeople.com;
anajera@forthepeople.com, 198 Broadway Avenue, Kissimmee, FL 34741, (407) 452-
1597/(407) 452-1623 (F), Attorney for Plaintiff, Asbel Alexander Llerena.
4
COLE, SCOTT & KISSANE, P.A.
TOWER PLACE, SUITE 400 - 1900 SUMMIT TOWER BOULEVARD - ORLANDO, FLORIDA 32810 - (321) 972-0000 (321) 972-0099 FAX
CASE NO: 2020 CA 002872 AN
COLE, SCOTT & KISSANE, P.A.
Counsel for Defendant ADRIAN RODRIGUEZ
CHAVEZ AND GRANNY'S GARDEN II, INC.
Tower Place, Suite 400
1900 Summit Tower Boulevard
Orlando, Florida 32810
Telephone (321) 972-0011
Facsimile (321) 972-0099
Primary e-mail: scott.shelton@csklegal.com
Secondary e-mail: gary.lewis@csklegal.com
Alternate e-mail:
sandra.mcintosh@csklegal.com
By: /s/ Gary L. Lewis
SCOTT A. SHELTON
Florida Bar No.: 36486
GARY L. LEWIS
Florida Bar No.: 158887
5
COLE, SCOTT & KISSANE, P.A.
TOWER PLACE, SUITE 400 - 1900 SUMMIT TOWER BOULEVARD - ORLANDO, FLORIDA 32810 - (321) 972-0000 (321) 972-0099 FAX
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Filing # 190194836 E-Filed 01/22/2024 08:06:18 AM CASE NO: 2020 CA 002872 AN 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, CIVIL DIVISION: 20 v. ADRIAN RODRIGUEZ CHAVEZ and GRANNY'S GARDEN II, INC., Defendants. _______________________________/ DEFENDANTS’ PRETRIAL STATEMENT COMES NOW, the Defendants, by and through the undersigned counsel and in compliance with this Honorable Court’s Pre-Trial order, and provide the following: 1. Statement of the case to be read to the jury at the beginning of voir dire: This case arises out of a motor vehicle accident that occurred on December 3, 2019. Plaintiff, ASBEL ALEXANDER LLERENA, was operating a motor vehicle on Neptune Road in Kissimmee, 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 accident on Neptune Road in Kissimmee, in Osceola County, Florida, The Plaintiff, ASBEL ALEXANDER LLERENA, claims he has suffered damages, medical bills in the past and in the future, lost wages and pain and suffering in the past and in the future. The Defendants, ADRIAN RODRIGUEZ CHAVEZ AND GRANNY'S GARDEN II, INC., disputes liability, and the nature, extent and causation of Plaintiff’s alleged damages, the nature, extent and causation of the Plaintiff’s alleged damages. 1 COLE, SCOTT & KISSANE, P.A. TOWER PLACE, SUITE 400 - 1900 SUMMIT TOWER BOULEVARD - ORLANDO, FLORIDA 32810 - (321) 972-0000 (321) 972-0099 FAX CASE NO: 2020 CA 002872 AN 2. Statement of admitted facts that may be read at Trial as a stipulation of counsel: 1. The Parties agree that the accident occurred on December 3, 2019, on Neptune Road in Kissimmee, Florida. 2. The Parties agree that, at the time of the accident, Defendant, ADRIAN RODRIGUEZ CHAVEZ, was in the course and scope of his employment with Defendant, GRANNY'S GARDEN II, INC. 3. Identification of the issues of facts to be tried: (a) Was Defendant, Chavez negligent for causing the automobile accident. (b) Was the Plaintiff negligent, to some degree, for causing the accident. (c) Did Plaintiff sustain a permanent injury in the accident at issue? (d) What is the amount of the past medical bills? (e) What is the amount of the future medical expenses? (f) What is the amount of general damages that will compensate Plaintiff for past pain and suffering? (g) What is the amount of general damages that will compensate Plaintiff for future pain and suffering? 4. Identification of all unresolved issue of law, procedure or evidence. 1. General principles of negligence 2. Florida Rules of Civil Procedure 3. Florida Evidence Code 5. Each Party’s witness list. Plaintiff’s Witness List is annexed hereto as Exhibit “A”. Defendants’ Witness list is annexed hereto as Exhibit “B”. 6. Each Party’s scheduled of exhibits with objections. Plaintiff’s annotation of Defendant’s Exhibit Schedule is attached hereto as Exhibit “C”. Defendants’ annotation of Plaintiff’s Exhibit Schedule is attached hereto as Exhibit “D”. 2 COLE, SCOTT & KISSANE, P.A. TOWER PLACE, SUITE 400 - 1900 SUMMIT TOWER BOULEVARD - ORLANDO, FLORIDA 32810 - (321) 972-0000 (321) 972-0099 FAX CASE NO: 2020 CA 002872 AN 7. Any stipulation on evidentiary matter, with specification of the applicable matters to which the stipulation applies. A. The parties agree to stipulate and waive records custodians for all exhibits, records, video or photographs identified in the Plaintiff’s and Defendant’s Witness and Exhibit Lists and waive authentication requirements thereto for the purpose of admission into evidence of medical records and bills and agree to use copies in lieu of originals. The parties waive the appearance of records custodians at trial. B. Experts and treating physicians may be called out of turn. C. Copies of original documents may be introduced in lieu of originals. D. The use of Records Custodians to authenticate and identify records and bills shall not be necessary. Objections are reserved as to admissibility of hearsay opinions expressed within the records. E. Anatomical charts and skeletal devices, provided there is no other basis for objection, may be used at trial if a qualified witness testifies that they will assist in presenting the witness’s testimony. F. A mortality table published in Florida statutes, Florida Statutes Annotated or by the U.S. Department of Health and Human Services may be used, if applicable. G. Photographs and video can be used by both sides, the testimony of the photographer will not be required for entry of photographs into evidence. H. Objections to relevancy preserved; and I. Any collateral source setoffs to be determined and addressed post-trial. 8. The number of peremptory challenges. Each party shall have three (3) peremptory challenges. 9. The number of jurors requested for the venire panel. Each side proposes 35. 10. A realistic, good faith estimate of the number of days required for Trial. The parties estimate 5 days for trial. 11. The specific category of damages, including attorneys’ fees, claimed by each party and, when possible, the amount of such damages sought by each party. 3 COLE, SCOTT & KISSANE, P.A. TOWER PLACE, SUITE 400 - 1900 SUMMIT TOWER BOULEVARD - ORLANDO, FLORIDA 32810 - (321) 972-0000 (321) 972-0099 FAX CASE NO: 2020 CA 002872 AN Plaintiff is seeking compensation for his injuries as a result of this accident, past medicals, future medicals, past pain and suffering and future pain and suffering. 12. Designation of Lead Trial Counsel. No change of Lead Trial Counsel may be made without leave of the Court, if such change disrupts the Trial schedule. For Plaintiff: Melissa Alzate, Esquire and Trial Partner For Defendants: Scott A. Shelton, Esquire, and Trial Partner 11. List of all outstanding motions and, as to each motion listed, either the date and time for hearing the motion or a statement that motion has been waived or withdrawn or is moot. 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. Defendant’s Motion to Strike Plaintiff’s Amended Expert Disclosure e. Defendant’s Motion in Limine to Prevent Treating Physicians from testifying as Expert Witnesses f. Defendant’s Motion in Limine Regarding Reptile Theory and Argument 12. Identify with specificity, any matters of which the parties will ask the Court to take Judicial Notice. None Known at this time. CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 22th day of January, 2024, a true and correct copy of the foregoing was filed with the Clerk of Osceola County by using the Florida Courts e-Filing Portal, which will send an automatic e-mail message to the following parties registered with the e-Filing Portal system: Melissa Alzate, Esq., Morgan & Morgan, P.A., malzate@forthepeople.com; imerlos@forthepeople.com; anajera@forthepeople.com, 198 Broadway Avenue, Kissimmee, FL 34741, (407) 452- 1597/(407) 452-1623 (F), Attorney for Plaintiff, Asbel Alexander Llerena. 4 COLE, SCOTT & KISSANE, P.A. TOWER PLACE, SUITE 400 - 1900 SUMMIT TOWER BOULEVARD - ORLANDO, FLORIDA 32810 - (321) 972-0000 (321) 972-0099 FAX CASE NO: 2020 CA 002872 AN COLE, SCOTT & KISSANE, P.A. Counsel for Defendant ADRIAN RODRIGUEZ CHAVEZ AND GRANNY'S GARDEN II, INC. Tower Place, Suite 400 1900 Summit Tower Boulevard Orlando, Florida 32810 Telephone (321) 972-0011 Facsimile (321) 972-0099 Primary e-mail: scott.shelton@csklegal.com Secondary e-mail: gary.lewis@csklegal.com Alternate e-mail: sandra.mcintosh@csklegal.com By: /s/ Gary L. Lewis SCOTT A. SHELTON Florida Bar No.: 36486 GARY L. LEWIS Florida Bar No.: 158887 5 COLE, SCOTT & KISSANE, P.A. TOWER PLACE, SUITE 400 - 1900 SUMMIT TOWER BOULEVARD - ORLANDO, FLORIDA 32810 - (321) 972-0000 (321) 972-0099 FAX