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Filing # 96557750 E-Filed 10/01/2019 02:43:36 PM
IN THE CIRCUIT COURT OF THE 17TH
JUDICIAL CIRCUIT, INAND FOR
BROWARD COUNTY, FLORIDA
Case No.: CACE18000390 (25)
Division:
NORALYS GUZMAN,
Plaintiff(s),
v.
AYESHA MOHAMMED, owner, and
NIGHAT AZIZ TAHSEEN, driver,
Defendant(s).
/
DEFENDANT'S SECOND AMENDED
EXPERT AND FACT WITNESS DISCLOSURE
Defendant, Ayesha Mohammed and Nighat Tahseen, by and through the
undersigned attomey, files its Second Amended Expert and Fact Witness Disclosure
pursuant to this Court's Order as follows:
FACT WITNESSES
=
. Noralys Guzman, Plaintiff co Kanner & Pintaluga, P.A.
2. Nighat Tahseen, Defendant c/o The Law Office of George L. Cimballa
3. Ayesha Mohammed, Defendant vehicle owner c/o The Law Office of George L.
Cimballa.
4. Officer Kaitlyn Percival, Badge No. 0839 Pembroke Pines Police Department
9500 Pines Blvd. Pembroke Pines, Fl 33024
5. Witnesses listed in any answers or mentioned in documents produced pursuant to
requests for production or notices of production from non-parties.
6. Persons named in all hospital documents, medical records or obtained in discovery
or otherwise appear in the Court file.
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 10/01/2019 02:43:36 PM.****7. Fact witnesses disclosed through discovery who were involved in this investigation
of the subject incident or otherwise have knowledge of any issues involved in this
cause and by virtue of specialized knowledge, skill, experience, training, or
education may qualify to give expert opinion testimony.
8. All rebuttal and impeachment witnesses
9. All witnesses listed by the Plaintiff.
10.Defendant reserves the right to amend this list upon newly discovered evidence
with timely notice to opposing counsel.
EXPERT WITNESSESS
11. Retained expert — Orthopedic Surgeon:
a. Dr. Gary Wexler
4215 Bums Road Palm Beach Gardens, Florida 33410
b. is a board certified orthopedic surgeon.
c. is expected to testify regarding his examination of the Plaintiff, his review of
relevant records, diagnostic testing, and films. The compulsory medical
examination took place on January 1, 2019. An initial report of the doctor's
opinions has been/will be provided.
d. is expected to testify about his observations and findings during the
examination of the Plaintiff; whether or not the medical bills and/or treatment
of the Plaintiff were reasonable, necessary and related to the subject
accident; whether the Plaintiff needs future medical care and/or treatment as
a result of the subject accident; whether or not there should be any physical
restrictions of any kind (work or otherwise) placed on the Plaintiff in the past
or in the future; whether or not the Plaintiff suffered a permanent
injury/impairment or aggravation of a pre-existing condition within a
reasonable degree of medical probability as a result of the subject accident;whether any films or diagnostic tests reviewed reflect a condition that can be
related to the subject accident; and the basis for his opinions.
Opinions will be based on his/her review of the relevant medical records and
reports, diagnostic films and/or testing, his examination of the Plaintiff, and
his knowledge, training and experience. Defendant reserves the right to
have the expert amend or supplement any opinions since the Plaintiff
continues to treat and additional information is being disclosed. Any
supplemental or amended opinions will be disclosed prior to the trial of this
case.
12. Retained Expert — Radiologist
a.
Madhavi B. Kaza, D.O.
17154 Avenue Le Rivage Boca Raton, Florida 33496
is a board certified radiologist.
Radiologist is expected to testify regarding his review and interpretation of
films, diagnostic tests and/or reports and records pertaining to the Plaintiff.
Radiologist is expected to testify about his opinions and findings in his
review of the Plaintiffs diagnostic studies; whether the films and diagnostic
studies reflect a condition that can be related to the subject accident; the
nature of the findings on the Plaintiff's diagnostic studies; and the basis of all
Opinions. Defendant reserves the right to have the expert amend or
supplement any opinions given since the Plaintiff continues to treat and
additional diagnostic studies may be disclosed. Any supplemental or
amended opinions will be disclosed prior to the trial of this case.
Radiologist’s opinions will be based on the review of relevant medical
records, diagnostic studies and/or testing, and the doctor’s knowledge,
training and experience
13.Retained Expert — Accident Reconstructionist:a. Douglas R. Morr
5410 NW 33rd Avenue Suite 100 Fort Lauderdale, FL 33309
b. is an accident reconstruction expert.
c. is expected to testify regarding his review of the relevant documents,
including, but not limited to, the accident reports, pictures of the vehicles
involved in the accident, property damage estimates, testimony of the
parties and witnesses, and his review of the accident site/location.
d. is expected to testify regarding the location of all parties prior to impact;
liability; the effect on causation of the accident; the forces involved in the
collision; and the contributing factors including impact forces.
e. Expert's opinions will be based on his review of the relevant records, reports
and evidence, including photographs of the vehicles, repair estimates, police
reports, photographs of the scene, testimony of the parties and witnesses,
his review of the accident scene, and his training, experience and
knowledge.
14. All Plaintiff's treating physicians.
15. All expert witnesses discovered prior to trial with timely notice to opposing counsel.
16. Expert witnesses who, due to the nature of the continuing discovery may hereafter
be retained in anticipation of giving expert opinion testimony at trial, subject to
prompt and timely disclosure thereof to Plaintiff.
17.Evidentiary or expert witness necessary for photo, diagram, video, or other
evidentiary authentication, including but not limited to investigators, journalists, or
freelance photographers.
18.Applicable expert witness(es) necessary to authenticate any exhibit listed on the
defendant's witness and exhibit lists.19. Witnesses discovered after the service of the Joint Pre-Trial Stipulation or omitted
from the Joint Pre-Trial Stipulation whose names and addresses will be promptly
provided to opposing counsel.
20.Defendant reserves the right to amend this list upon newly discovered evidence
with timely notice to opposing counsel.
21.All rebuttal and impeachment witnesses
22. All witnesses listed by the Plaintiff.
CERTIFICATE OF SERVICE
| HEREBY CERTIFY that a true and correct copy of the foregoing has been
furnished by Electronic Mail on this the 1st day of October, 2019 to the following
designated service email address(es): Berkin Aslan, Esq., Kanner & Pintaluga, P A,
Pleadings13@kpattorney.com, baslan@kpattorney.com.
The Law Office of George L. Cimballa, III
!s| Giselle D
Giselle DefallaEsq.
Florida Bar No.: 127121
8151 Peters Road, Suite 1700
Plantation, FL 33324
Phone: 954-472-6585 Ext. 7972
Facsimile: 954-472-6586
Attorney for Defendant Ayesha Mohammed and Nighat
Tahseen
Service Email: ftlgeico@geico.com;
gdefalla@geico.com
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Filing # 96557750 E-Filed 10/01/2019 02:43:36 PM IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT, INAND FOR BROWARD COUNTY, FLORIDA Case No.: CACE18000390 (25) Division: NORALYS GUZMAN, Plaintiff(s), v. AYESHA MOHAMMED, owner, and NIGHAT AZIZ TAHSEEN, driver, Defendant(s). / DEFENDANT'S SECOND AMENDED EXPERT AND FACT WITNESS DISCLOSURE Defendant, Ayesha Mohammed and Nighat Tahseen, by and through the undersigned attomey, files its Second Amended Expert and Fact Witness Disclosure pursuant to this Court's Order as follows: FACT WITNESSES = . Noralys Guzman, Plaintiff co Kanner & Pintaluga, P.A. 2. Nighat Tahseen, Defendant c/o The Law Office of George L. Cimballa 3. Ayesha Mohammed, Defendant vehicle owner c/o The Law Office of George L. Cimballa. 4. Officer Kaitlyn Percival, Badge No. 0839 Pembroke Pines Police Department 9500 Pines Blvd. Pembroke Pines, Fl 33024 5. Witnesses listed in any answers or mentioned in documents produced pursuant to requests for production or notices of production from non-parties. 6. Persons named in all hospital documents, medical records or obtained in discovery or otherwise appear in the Court file. *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 10/01/2019 02:43:36 PM.****7. Fact witnesses disclosed through discovery who were involved in this investigation of the subject incident or otherwise have knowledge of any issues involved in this cause and by virtue of specialized knowledge, skill, experience, training, or education may qualify to give expert opinion testimony. 8. All rebuttal and impeachment witnesses 9. All witnesses listed by the Plaintiff. 10.Defendant reserves the right to amend this list upon newly discovered evidence with timely notice to opposing counsel. EXPERT WITNESSESS 11. Retained expert — Orthopedic Surgeon: a. Dr. Gary Wexler 4215 Bums Road Palm Beach Gardens, Florida 33410 b. is a board certified orthopedic surgeon. c. is expected to testify regarding his examination of the Plaintiff, his review of relevant records, diagnostic testing, and films. The compulsory medical examination took place on January 1, 2019. An initial report of the doctor's opinions has been/will be provided. d. is expected to testify about his observations and findings during the examination of the Plaintiff; whether or not the medical bills and/or treatment of the Plaintiff were reasonable, necessary and related to the subject accident; whether the Plaintiff needs future medical care and/or treatment as a result of the subject accident; whether or not there should be any physical restrictions of any kind (work or otherwise) placed on the Plaintiff in the past or in the future; whether or not the Plaintiff suffered a permanent injury/impairment or aggravation of a pre-existing condition within a reasonable degree of medical probability as a result of the subject accident;whether any films or diagnostic tests reviewed reflect a condition that can be related to the subject accident; and the basis for his opinions. Opinions will be based on his/her review of the relevant medical records and reports, diagnostic films and/or testing, his examination of the Plaintiff, and his knowledge, training and experience. Defendant reserves the right to have the expert amend or supplement any opinions since the Plaintiff continues to treat and additional information is being disclosed. Any supplemental or amended opinions will be disclosed prior to the trial of this case. 12. Retained Expert — Radiologist a. Madhavi B. Kaza, D.O. 17154 Avenue Le Rivage Boca Raton, Florida 33496 is a board certified radiologist. Radiologist is expected to testify regarding his review and interpretation of films, diagnostic tests and/or reports and records pertaining to the Plaintiff. Radiologist is expected to testify about his opinions and findings in his review of the Plaintiffs diagnostic studies; whether the films and diagnostic studies reflect a condition that can be related to the subject accident; the nature of the findings on the Plaintiff's diagnostic studies; and the basis of all Opinions. Defendant reserves the right to have the expert amend or supplement any opinions given since the Plaintiff continues to treat and additional diagnostic studies may be disclosed. Any supplemental or amended opinions will be disclosed prior to the trial of this case. Radiologist’s opinions will be based on the review of relevant medical records, diagnostic studies and/or testing, and the doctor’s knowledge, training and experience 13.Retained Expert — Accident Reconstructionist:a. Douglas R. Morr 5410 NW 33rd Avenue Suite 100 Fort Lauderdale, FL 33309 b. is an accident reconstruction expert. c. is expected to testify regarding his review of the relevant documents, including, but not limited to, the accident reports, pictures of the vehicles involved in the accident, property damage estimates, testimony of the parties and witnesses, and his review of the accident site/location. d. is expected to testify regarding the location of all parties prior to impact; liability; the effect on causation of the accident; the forces involved in the collision; and the contributing factors including impact forces. e. Expert's opinions will be based on his review of the relevant records, reports and evidence, including photographs of the vehicles, repair estimates, police reports, photographs of the scene, testimony of the parties and witnesses, his review of the accident scene, and his training, experience and knowledge. 14. All Plaintiff's treating physicians. 15. All expert witnesses discovered prior to trial with timely notice to opposing counsel. 16. Expert witnesses who, due to the nature of the continuing discovery may hereafter be retained in anticipation of giving expert opinion testimony at trial, subject to prompt and timely disclosure thereof to Plaintiff. 17.Evidentiary or expert witness necessary for photo, diagram, video, or other evidentiary authentication, including but not limited to investigators, journalists, or freelance photographers. 18.Applicable expert witness(es) necessary to authenticate any exhibit listed on the defendant's witness and exhibit lists.19. Witnesses discovered after the service of the Joint Pre-Trial Stipulation or omitted from the Joint Pre-Trial Stipulation whose names and addresses will be promptly provided to opposing counsel. 20.Defendant reserves the right to amend this list upon newly discovered evidence with timely notice to opposing counsel. 21.All rebuttal and impeachment witnesses 22. All witnesses listed by the Plaintiff. CERTIFICATE OF SERVICE | HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by Electronic Mail on this the 1st day of October, 2019 to the following designated service email address(es): Berkin Aslan, Esq., Kanner & Pintaluga, P A, Pleadings13@kpattorney.com, baslan@kpattorney.com. The Law Office of George L. Cimballa, III !s| Giselle D Giselle DefallaEsq. Florida Bar No.: 127121 8151 Peters Road, Suite 1700 Plantation, FL 33324 Phone: 954-472-6585 Ext. 7972 Facsimile: 954-472-6586 Attorney for Defendant Ayesha Mohammed and Nighat Tahseen Service Email: ftlgeico@geico.com; gdefalla@geico.com