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Filing # 195568005 E-Filed 04/05/2024 11:21:40 AM
IN THE CIRCUIT COURT OF THE
SEVENTH JUDICIAL CIRCUIT IN AND FOR
FLAGLER COUNTY, FLORIDA
JANICE SWANK,
Plaintiff,
CASE NO: 2024-CA-71
vs. CIVIL DIVISION
KAREN MILDRED POWELL and
AUTO CLUB INSURANCE COMPANY
OF FLORIDA, a Florida Corporation,
Defendants
REQUEST FOR PRODUCTION
Defendant, KAREN MILDRED POWELL, by counsel and pursuant to Fla. R. Civ. P.
1.350, requests Plaintiff, JANICE SWANK, to produce and permit the inspection, copying or
photographing by or on behalf of Defendant of the following items within the time period
permitted by said rule at The Law Offices of Erick D. Martin, 4030 Crescent Park Drive, Suite
100-A/South, Riverview, FL 33578
1 Any and all medical bills, hospital bills, dental bills, nursing bills, pharmaceutical
bills, or other bills, which allegedly support the Plaintiff's claim for damages
2 Any and all hospital records, medical records, copies of all x-ray, CT scans and/or
MRI films of any treating and/or examining physician or health care provider regarding the
Plaintiff's injuries allegedly sustained by the incident giving rise to this lawsuit.
3 Any and all photographs, drawings and/or motion pictures of the Plaintiff depicting
any alleged injuries suffered by the Plaintiff as a result of the subject incident, including a
photograph of the Plaintiff taken within six (6) months preceding Plaintiff's alleged injuries.
4 Any and all statements previously made by the Plaintiff herein or Plaintiff's agents
5 Any and all records pertaining to payments made to the Plaintiff arising from the
subject incident pursuant to:
Electronically Received in the Office of the Clerk of the Circuit Court - Flagler County, Florida - 04/05/2024 02:30 PM - DIN: 24
CASE NO: 2024-CA-71
the United States Social Security Act; any federal, state or local disability act; or
any other public programs providing medical expenses, disability payments or
other similar benefits;
any health, sickness or disability income insurance, and any other similar benefits;
any contract or agreements of any group, organization, partnership or corporation
to provide, pay for, or reimburse costs of hospital, medical or other health care
services;
any contractual or voluntary wage contribution plan provided by any employers of
the Plaintiff or any other system intended to provide wages during any period of
alleged disability of such individual.
6 True copies of any and all federal income tax returns, W-2 withholding tax
statements and any and all business records, paid receipts and other memoranda in the possession,
custody or control of the Plaintiff indicating the Plaintiffs gross income, including
self-employment, employment, salaries, commissions, bonuses, investments, credits and/or
reimbursements for business expenses, for the past seven (7) years together with an in addition to
income to date.
7 Any and all reports from experts whom you intend to call at the time of trial
8 Copy of the Curriculum Vitae of any and all experts whom you intend to call at the
time of trial.
9 With respect to the alleged injuries at issue in this action, any and all medical
records from hospitals or any other health care facility, including all information related to
treatments, prognosis, diagnosis, and physical or mental histories made or maintained by the health
care professionals identified in response to the interrogatories to Plaintiff.
10. All documents which refer or relate to any other lawsuits in which Plaintiff has
been a plaintiff in a personal injury matter.
11 All documents relied upon in compiling your response to the interrogatories and
request for production.
12. Any and all policies of insurance in force on the date of the incident complained of
herein that may provide coverage to Plaintiff for the injuries as alleged by Plaintiff in Plaintiff's
Complaint.
13 Any and all documents which purport to support Plaintiff's allegation of negligence
against Defendant
CASE NO: 2024-CA-71
14. Any and all documents which purport to support wage loss of Plaintiff.
15. Any and all documents which evidence prior injury, illness or disease to the part of
the body to which Plaintiff claims injury in Plaintiff's Complaint.
16. Any and all documents which evidence prior suits brought by or against Plaintiff.
17. Plaintiff's complete Personal Injury Protection or No-Fault file for this accident.
18 A copy of Plaintiff's application for Personal Injury Protection or No-Fault benefits
19. Any and all documents which were obtained from, created or generated by
Defendant
20. Any and all documents which evidence that Plaintiff was injured in this accident.
21. All documents from Plaintiff's health insurer indicating payment for medical
treatment relating to the injuries Plaintiff claims to have sustained in this accident.
22. All correspondence to and from the police or district attorney relative to this
accident.
23. Copies of pleadings relative to any litigation with Plaintiff's No-Fault insurer.
24. Copies of all pleadings and answers relative to any and all personal injury
protection benefit or claim litigation.
25. Copies of all applications for No-Fault benefits and/or PIP benefits, copies of all
correspondence to and from Plaintiff's PIP insurance carrier, as well as copies of all denials of
benefits from Progressive.
26. Copies of all records obtained by a records request for any reports or documents
concerning this alleged incident
27. Copies of all of Plaintiff's Letters of Protection executed by Plaintiff to any
healthcare provider listed in Plaintiff's interrogatory responses.
28. Photocopies of receipts, statements, invoices, checks, canceled checks,
explanations of benefits, benefits statements, or other documents or tangible evidence representing
expenses of any kind which are claimed to be recoverable in this proceeding, including, but not
limited to: expenses from physician examinations, tests, and treatment, therapy, nursing care,
hospital and/or institutional care, ambulance services, medications (prescription or otherwise),
domestic or household services, services for which you paid money or became liable for payment
of money for any and all goods or services which Plaintiff believes were necessitated by the
incident complained of in this proceeding.
CASE NO: 2024-CA-71
29. Copies of all medical reports received by the Plaintiff or Plaintiff's attorneys,
investigators, servants, or employees from any physician, hospital, or any practitioner who has
rendered treatment to the Plaintiff for injuries incurred as a result of the incident which is the
subject of this lawsuit.
30. Copies of all hospital records from any hospital where each Plaintiff has been a
patient (whether an in-patient or out-patient) subsequent to the incident which is the subject of this
lawsuit, which are in the possession of the Plaintiff or Plaintiff's attorneys, investigators, agents,
servants, or employees.
31. Complete copies of income tax returns and all schedules thereto, W-2 forms, and
any other documents evidencing income or compensation filed by the Plaintiff with the United
States Government or any state for the past five (5) years, and all documents which constitute
evidence of income to date for the current year.
32. All written statements given by the Plaintiff concerning the subject of this lawsuit.
33. Color photocopies of all original or duplicate original photographs in the possession
of the Plaintiff or Plaintiff's attorneys, investigators, agents, servants, or employees, which are in
any manner related to the subject matter of this lawsuit, including, but not limited, to any
photographs of the parties, any and all photographs of the vehicles and/or scene of the subject
incident, and any photographs upon which the Plaintiff intends to rely or use at trial.
34 Any personal journal, diary, log, or other documents evidencing the activities,
physical complaints, and dates of examination or treatment of Plaintiff for injuries or damages
attributed to the incident in question for the period immediately subsequent to the incident until
the date of your response to this request, and color photocopies of any photographs upon which
the Plaintiff intends to rely or use at trial.
35. True and correct photocopies of any insurance policies, declaration pages,
applications for benefits which afforded coverage to the Plaintiff for the injuries complained of in
this proceeding, including but not limited to, medical, hospitalization, Medicare, Medicaid,
disability, medical payments, personal injury protection, and health and accident
36. Copies of any statutes, rules, regulations, ordinances, and other documents
regulatory in nature, upon which the Plaintiff bases Plaintiffs claim for damages in this
proceeding.
CASE NO: 2024-CA-71
37. Copies of all lien letters or other statements asserting or alleging the existence of a
lien by any medical or other provider(s) for services received by Plaintiff as a result of the injuries
complained of in the Complaint.
38. Any statements made by Plaintiff, written and recorded. This request includes
audio and videotapes of the Plaintiff.
39. A copy of Plaintiff's passport
40. A copy of Plaintiff's driver’s license.
41 A copy of the accident report
42 A copy of Plaintiff's marriage certificate.
43 Copies of your cellular/mobile telephone bills evidencing incoming and/or
outgoing calls for one hour prior to and one hour after the time of the subject motor vehicle accident
or if the bill is not in your possession please identify your cell phone number and carrier on the
date of loss.
44, Any and all statement(s) of any witnesses to the subject incident, including the
Defendant herein.
45 For each social networking account listed in response to the interrogatories, provide
copies or screenshots of all photographs associated with that account during the two (2) years prior
to the date of loss.
46. For each social networking account listed in the interrogatories, provide copies or
screenshots of all photographs associated with that account from the date of loss to the present
47. Electronic copies of all portions of your profile form social networking sites of
which Plaintiff is a member or holds an account, including but not limited to Facebook, Twitter,
Myspace, YouTube, LinkedIn, dating websites, etc. (including all updates, changes or
modifications to your profile) and all status updates, profile information or other updates,
messages, wall comments, causes joined, groups joined, activity streams, photographs, tagged
photographs, blog entries, details, blurbs, comments, and applications, from two (2) years prior to
the loss through today. To the extent electronic copies are unavailable, please provide the
documents in hard copy form.
Directions to download your Facebook Activity for Request Produce 45, 46 and 47:
1) Click at the top right of any Facebook page and select “Settings” or “Account Settings”
CASE NO: 2024-CA-71
2) Click “General” in the left-hand column. (this should be the default page but if not,
click on “General”)
3) Click on "Download a copy of your Facebook data" towards the bottom of the Page
4) Click “Start My Archive”
5) Enter your password. To the extent necessary, click “Start My Archive” again.
6) You should receive an email with all your activity.
48 A true, complete and accurate copy of the owner’s manual for the vehicle you
operated at the time of the accident as alleged in the Complaint.
49. A true, complete and accurate copy of any recording or other digital documentation
of the accident in question.
50. A true, complete and accurate copy of any recording or other digital documentation
downloaded from any source that in any way relates to the accident in question. This request
includes, but is not limited to CAN Bus or similar information, from any body shop, repair shop,
dealer or any other person or entity that inspected and/or repaired the vehicle you were operating
at the time of the accident in question.
51 Please provide a copy of all notice letters to collateral sources pursuant to Florida
Statute 768.76(6), along with the registered or certified mailing number and the signed certified
green card or other proof of receipt by the collateral source.
52. Please provide a copy of all responses to the notice letter(s) sent pursuant to Florida
Statute 768.76(6) from the collateral sources.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the above and foregoing has been
furnished via E-Mail on April 5, 2024 to Allan L. Ziffra, Esquire, _aziffra@rueziffra.com:
amberm@rueziffra.com, Attorney for Plaintiff.
The Law Offices of Erick D. Martin
Attorneys for Defendant
Physical Address: 901 N. Lake Destiny Rd., Suite 105
Maitland, FL 32751
Mailing Address: 4030 Crescent Park Drive, Suite 100 -
A Building/South
Riverview, FL 33578
(407) 949-3417 (Asst.)/(407) 949-3955 (Direct)
Fax: (866) 516-8617
SERVICE DESIGNATIONS
Primary: NoFLBI@Progressive.com
Secondary JSWADEL1@Progressive.com
CASE NO: 2024-CA-71
» Abd. p
JENNIFER BELBECK SWADEL, ESQUIRE
Florida Bar No. 88946
"Salaried Employees of Progressive Casualty Insurance Company”
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Filing # 195568005 E-Filed 04/05/2024 11:21:40 AM IN THE CIRCUIT COURT OF THE SEVENTH JUDICIAL CIRCUIT IN AND FOR FLAGLER COUNTY, FLORIDA JANICE SWANK, Plaintiff, CASE NO: 2024-CA-71 vs. CIVIL DIVISION KAREN MILDRED POWELL and AUTO CLUB INSURANCE COMPANY OF FLORIDA, a Florida Corporation, Defendants REQUEST FOR PRODUCTION Defendant, KAREN MILDRED POWELL, by counsel and pursuant to Fla. R. Civ. P. 1.350, requests Plaintiff, JANICE SWANK, to produce and permit the inspection, copying or photographing by or on behalf of Defendant of the following items within the time period permitted by said rule at The Law Offices of Erick D. Martin, 4030 Crescent Park Drive, Suite 100-A/South, Riverview, FL 33578 1 Any and all medical bills, hospital bills, dental bills, nursing bills, pharmaceutical bills, or other bills, which allegedly support the Plaintiff's claim for damages 2 Any and all hospital records, medical records, copies of all x-ray, CT scans and/or MRI films of any treating and/or examining physician or health care provider regarding the Plaintiff's injuries allegedly sustained by the incident giving rise to this lawsuit. 3 Any and all photographs, drawings and/or motion pictures of the Plaintiff depicting any alleged injuries suffered by the Plaintiff as a result of the subject incident, including a photograph of the Plaintiff taken within six (6) months preceding Plaintiff's alleged injuries. 4 Any and all statements previously made by the Plaintiff herein or Plaintiff's agents 5 Any and all records pertaining to payments made to the Plaintiff arising from the subject incident pursuant to: Electronically Received in the Office of the Clerk of the Circuit Court - Flagler County, Florida - 04/05/2024 02:30 PM - DIN: 24 CASE NO: 2024-CA-71 the United States Social Security Act; any federal, state or local disability act; or any other public programs providing medical expenses, disability payments or other similar benefits; any health, sickness or disability income insurance, and any other similar benefits; any contract or agreements of any group, organization, partnership or corporation to provide, pay for, or reimburse costs of hospital, medical or other health care services; any contractual or voluntary wage contribution plan provided by any employers of the Plaintiff or any other system intended to provide wages during any period of alleged disability of such individual. 6 True copies of any and all federal income tax returns, W-2 withholding tax statements and any and all business records, paid receipts and other memoranda in the possession, custody or control of the Plaintiff indicating the Plaintiffs gross income, including self-employment, employment, salaries, commissions, bonuses, investments, credits and/or reimbursements for business expenses, for the past seven (7) years together with an in addition to income to date. 7 Any and all reports from experts whom you intend to call at the time of trial 8 Copy of the Curriculum Vitae of any and all experts whom you intend to call at the time of trial. 9 With respect to the alleged injuries at issue in this action, any and all medical records from hospitals or any other health care facility, including all information related to treatments, prognosis, diagnosis, and physical or mental histories made or maintained by the health care professionals identified in response to the interrogatories to Plaintiff. 10. All documents which refer or relate to any other lawsuits in which Plaintiff has been a plaintiff in a personal injury matter. 11 All documents relied upon in compiling your response to the interrogatories and request for production. 12. Any and all policies of insurance in force on the date of the incident complained of herein that may provide coverage to Plaintiff for the injuries as alleged by Plaintiff in Plaintiff's Complaint. 13 Any and all documents which purport to support Plaintiff's allegation of negligence against Defendant CASE NO: 2024-CA-71 14. Any and all documents which purport to support wage loss of Plaintiff. 15. Any and all documents which evidence prior injury, illness or disease to the part of the body to which Plaintiff claims injury in Plaintiff's Complaint. 16. Any and all documents which evidence prior suits brought by or against Plaintiff. 17. Plaintiff's complete Personal Injury Protection or No-Fault file for this accident. 18 A copy of Plaintiff's application for Personal Injury Protection or No-Fault benefits 19. Any and all documents which were obtained from, created or generated by Defendant 20. Any and all documents which evidence that Plaintiff was injured in this accident. 21. All documents from Plaintiff's health insurer indicating payment for medical treatment relating to the injuries Plaintiff claims to have sustained in this accident. 22. All correspondence to and from the police or district attorney relative to this accident. 23. Copies of pleadings relative to any litigation with Plaintiff's No-Fault insurer. 24. Copies of all pleadings and answers relative to any and all personal injury protection benefit or claim litigation. 25. Copies of all applications for No-Fault benefits and/or PIP benefits, copies of all correspondence to and from Plaintiff's PIP insurance carrier, as well as copies of all denials of benefits from Progressive. 26. Copies of all records obtained by a records request for any reports or documents concerning this alleged incident 27. Copies of all of Plaintiff's Letters of Protection executed by Plaintiff to any healthcare provider listed in Plaintiff's interrogatory responses. 28. Photocopies of receipts, statements, invoices, checks, canceled checks, explanations of benefits, benefits statements, or other documents or tangible evidence representing expenses of any kind which are claimed to be recoverable in this proceeding, including, but not limited to: expenses from physician examinations, tests, and treatment, therapy, nursing care, hospital and/or institutional care, ambulance services, medications (prescription or otherwise), domestic or household services, services for which you paid money or became liable for payment of money for any and all goods or services which Plaintiff believes were necessitated by the incident complained of in this proceeding. CASE NO: 2024-CA-71 29. Copies of all medical reports received by the Plaintiff or Plaintiff's attorneys, investigators, servants, or employees from any physician, hospital, or any practitioner who has rendered treatment to the Plaintiff for injuries incurred as a result of the incident which is the subject of this lawsuit. 30. Copies of all hospital records from any hospital where each Plaintiff has been a patient (whether an in-patient or out-patient) subsequent to the incident which is the subject of this lawsuit, which are in the possession of the Plaintiff or Plaintiff's attorneys, investigators, agents, servants, or employees. 31. Complete copies of income tax returns and all schedules thereto, W-2 forms, and any other documents evidencing income or compensation filed by the Plaintiff with the United States Government or any state for the past five (5) years, and all documents which constitute evidence of income to date for the current year. 32. All written statements given by the Plaintiff concerning the subject of this lawsuit. 33. Color photocopies of all original or duplicate original photographs in the possession of the Plaintiff or Plaintiff's attorneys, investigators, agents, servants, or employees, which are in any manner related to the subject matter of this lawsuit, including, but not limited, to any photographs of the parties, any and all photographs of the vehicles and/or scene of the subject incident, and any photographs upon which the Plaintiff intends to rely or use at trial. 34 Any personal journal, diary, log, or other documents evidencing the activities, physical complaints, and dates of examination or treatment of Plaintiff for injuries or damages attributed to the incident in question for the period immediately subsequent to the incident until the date of your response to this request, and color photocopies of any photographs upon which the Plaintiff intends to rely or use at trial. 35. True and correct photocopies of any insurance policies, declaration pages, applications for benefits which afforded coverage to the Plaintiff for the injuries complained of in this proceeding, including but not limited to, medical, hospitalization, Medicare, Medicaid, disability, medical payments, personal injury protection, and health and accident 36. Copies of any statutes, rules, regulations, ordinances, and other documents regulatory in nature, upon which the Plaintiff bases Plaintiffs claim for damages in this proceeding. CASE NO: 2024-CA-71 37. Copies of all lien letters or other statements asserting or alleging the existence of a lien by any medical or other provider(s) for services received by Plaintiff as a result of the injuries complained of in the Complaint. 38. Any statements made by Plaintiff, written and recorded. This request includes audio and videotapes of the Plaintiff. 39. A copy of Plaintiff's passport 40. A copy of Plaintiff's driver’s license. 41 A copy of the accident report 42 A copy of Plaintiff's marriage certificate. 43 Copies of your cellular/mobile telephone bills evidencing incoming and/or outgoing calls for one hour prior to and one hour after the time of the subject motor vehicle accident or if the bill is not in your possession please identify your cell phone number and carrier on the date of loss. 44, Any and all statement(s) of any witnesses to the subject incident, including the Defendant herein. 45 For each social networking account listed in response to the interrogatories, provide copies or screenshots of all photographs associated with that account during the two (2) years prior to the date of loss. 46. For each social networking account listed in the interrogatories, provide copies or screenshots of all photographs associated with that account from the date of loss to the present 47. Electronic copies of all portions of your profile form social networking sites of which Plaintiff is a member or holds an account, including but not limited to Facebook, Twitter, Myspace, YouTube, LinkedIn, dating websites, etc. (including all updates, changes or modifications to your profile) and all status updates, profile information or other updates, messages, wall comments, causes joined, groups joined, activity streams, photographs, tagged photographs, blog entries, details, blurbs, comments, and applications, from two (2) years prior to the loss through today. To the extent electronic copies are unavailable, please provide the documents in hard copy form. Directions to download your Facebook Activity for Request Produce 45, 46 and 47: 1) Click at the top right of any Facebook page and select “Settings” or “Account Settings” CASE NO: 2024-CA-71 2) Click “General” in the left-hand column. (this should be the default page but if not, click on “General”) 3) Click on "Download a copy of your Facebook data" towards the bottom of the Page 4) Click “Start My Archive” 5) Enter your password. To the extent necessary, click “Start My Archive” again. 6) You should receive an email with all your activity. 48 A true, complete and accurate copy of the owner’s manual for the vehicle you operated at the time of the accident as alleged in the Complaint. 49. A true, complete and accurate copy of any recording or other digital documentation of the accident in question. 50. A true, complete and accurate copy of any recording or other digital documentation downloaded from any source that in any way relates to the accident in question. This request includes, but is not limited to CAN Bus or similar information, from any body shop, repair shop, dealer or any other person or entity that inspected and/or repaired the vehicle you were operating at the time of the accident in question. 51 Please provide a copy of all notice letters to collateral sources pursuant to Florida Statute 768.76(6), along with the registered or certified mailing number and the signed certified green card or other proof of receipt by the collateral source. 52. Please provide a copy of all responses to the notice letter(s) sent pursuant to Florida Statute 768.76(6) from the collateral sources. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the above and foregoing has been furnished via E-Mail on April 5, 2024 to Allan L. Ziffra, Esquire, _aziffra@rueziffra.com: amberm@rueziffra.com, Attorney for Plaintiff. The Law Offices of Erick D. Martin Attorneys for Defendant Physical Address: 901 N. Lake Destiny Rd., Suite 105 Maitland, FL 32751 Mailing Address: 4030 Crescent Park Drive, Suite 100 - A Building/South Riverview, FL 33578 (407) 949-3417 (Asst.)/(407) 949-3955 (Direct) Fax: (866) 516-8617 SERVICE DESIGNATIONS Primary: NoFLBI@Progressive.com Secondary JSWADEL1@Progressive.com CASE NO: 2024-CA-71 » Abd. p JENNIFER BELBECK SWADEL, ESQUIRE Florida Bar No. 88946 "Salaried Employees of Progressive Casualty Insurance Company”