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Filing # 88148321 E-Filed 04/17/2019 04:40:40 PM
IN THE CIRCUIT COURT OF THE 177
JUDICIAL CIRCUIT IN AND FOR
BROWARD COUNTY, FLORIDA
CASE NUMBER: CACE-18-000391
JEAN ROBERT LEBLANC,
Plaintiff,
vs.
A&A WEST INDIAN GROCERIES, ENC.,
D/B/A A&A HALAL DISTRIBUTORS, JOSE
CARLOS BENITEZ ORTEGA AND
MOHAMED AZAD ASSIM,
Defendants.
— /
JOINT PRE-TRIAL STIPULATION
Plaintiff, Jean Robert LeBlanc, (hereinafter referred to as “Plaintiff’) and Defendants,
A&A West Indian Groceries, Inc. d/b/a A&A Halal Distributors, Jose Carlos Benitez Ortega and
Mohamed Azad Assim (hereinafter referred to as “Defendants”), through their undersigned
counsel, file this Joint Pretrial Stipulation and stipulate and agree as follows:
1 FACTUAL STATEMENT OF CASE:
On March 9, 2017, Jean Robert LeBlanc and Jose Carlos Benitez Ortega were involved in
a motor vehicle accident while travelling south on N Nob Hill Road in Plantation, Broward County,
Florida. Plaintiff filed this lawsuit against the Defendants for negligence and damages. The
Defendants stipulate to liability for the cause of the accident.
Il. AGREED UPON RULES OF LAW AND STIPULATED FACTS WHICH REQUIRE NO
PROOF:
1 That this case shall be governed by the laws of the State of Florida and the Florida
Standard Jury Instructions and any other jury instructions agreed to by the parties
and any other agreement stipulated to in this pretrial stipulation and/or any special
instructions allowed by the Court.
That on March 9, 2017, Jean Robert LeBlanc was involved in a motor vehicle
accident with Jose Carlos Benitez Ortega in Plantation, Broward County, Florida.
1
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN. CLERK 4/17/2019 4:40:40 PM.****
That Mohamed Azad Assim and A&A West Indian Groceries, Inc., owned the
vehicle that Jose Carlos Benitez Ortega was driving on March 9, 2017.
That Jose Carlos Benitez Ortega was driving the vehicle with the consent of
Mohamed Azad Assim on March 9, 2017.
That Jose Carlos Benitez Ortega was employed by A&A West Indian Groceries,
Inc., d/b/a A&A Halal Distributors on March 9, 2017.
That Jose Carlos Benitez Ortega was within the course and scope of his
employment with A&A West Indian Groceries, Inc., d/b/a A&A Halal Distributors
on March 9, 2017.
That at the time of the accident, Defendant Jose Carlos Benitez Ortega was on his
way to Miami to make a delivery for Defendant A&A West Indian Groceries, Inc.
That Defendants stipulate that Jose Carlos Benitez Ortega was negligent in the
operation of their vehicle and caused the accident.
That A&A West Indian Groceries, Inc, d/b/a A&A Halal Distributors and
Mohamed Azad Assim are liable for the negligence of Jose Carlos Benitez Ortega
and for the damages caused to Plaintiff, Jean Robert Leblanc.
10 Plaintiff had $10,000.00 in PIP coverage and received $10,000 in PIP payments
towards Plaintiff's medical bills. Plaintiff's benefits are exhausted.
ll. PIP and Collateral source set-offs will be handled post-trial by the Court and the
parties do not have to introduce evidence of such set-offs during trial.
Mil. ISSUES OF LAW AND FACT FOR DETERMINATION AT TRIAL:
1 Whether Plaintiff sustained a threshold injury.
2 Affirmative Defenses, if any.
3 The damages of Plaintiff, if any.
4 Reasonableness of Plaintiffs medical bills.
IV LIST OF TRIAL EXHIBITS:
1 Plaintiff's list of trial exhibits has already been filed with the Court and is attached
hereto and incorporated herein as Exhibit “A.”
2 Defendant’s list of trial exhibits has already been filed with this Court and is
attached hereto and incorporated herein as Exhibit “B.”
Plaintiff's List of Specific Objections to Defendants’ Exhibits:
1 Plaintiff's list of objections to Defendants’ exhibits has already been filed with the
Court and is attached hereto as Exhibit “C.” All objections reserved.
Defendants’ Objections to Plaintiff's Exhibits:
1 Defendant's list of objections to Plaintiff's exhibits has already been filed with the
Court and is attached hereto as Exhibit “D”. All objections reserved.
Vv. LIST OF EXPERT AND FACT WITNESSES:
1 Plaintiff's list of expert and fact witnesses have already been filed with the Court
and is attached hereto and incorporated herein as Exhibit “I.”
Defendant’s list of expert and fact witnesses has already been filed with the Court
and is attached hereto and incorporated herein as Exhibit “F.”
VI JURY INSTRUCTIONS
Attached as Exhibit “G”.
VIL. VERDICT FORM:
Plaintiff's verdict form is attached as Exhibit “H”.
Defendants’ verdict form is attached as Exhibit “I”.
VII. NUMBER OF PEREMPTORY CHALLENGES FOR EACH PARTY OR SIDE
Three for Plaintiff and three for Defendants.
IX PENDING MOTIONS:
1 Plaintiff's Motions in Limine.
Defendants’ Motion to Strike.
Defendants’ Motion in Limine.
Defendants’ Second Motion in Limine
ESTIMATED TRIAL TIME:
Plaintiff: 3 days
Defendants: 3-4 days.
XI DAUBERYT ISSUES:
None raised by either party
XII. ATTORNEYS TO TRY CASE
For the Plaintiff: Gregory Anderson and Nick Whitney.
For the Defendants: Joseph R. Giaramita.
XI. OTHER AGREEMENTS:
1 None of the parties shall be required to call records custodians at the trial of this
cause, to authenticate any exhibits or to establish their authenticity and/or as a
predicate for their admissibility into evidence at trial. However, the parties reserve
any and all other objections, including the relevancy of such testimony.
Legible copies may be used instead of originals.
That the parties furthermore agree that this Joint Pre-Trial Stipulation may be
amended by agreement and written consent of the parties filed with the Court prior
to the trial if permitted by the trial court and/or by Order of the Court prior to trial.
DATED this 17 day of April 2019.
Anderson Glenn LLP
Attorneys for Plaintiff
2650 North Military Trail, Suite 430
Boca Raton, FL 33431
(561) 893-9192
vaanderse pn @asglaw.cor
nwhitney'@.asglaw.com
By: s/ Nicholas P. Whitney
Gregory Anderson
Florida Bar No.: 0398853
Nicholas P. Whitney
Florida Bar No.: 119450
Hankin & Giaramita, P.A.
Attorneys for Defendants
7450 Griffin Road, Suite 270
Davie, FL 33314
(954) 318-3838
TINGS a AV.COD)
eee
———— —
h k Giaramita
I wn 3ar No.: 025968
Exhibit “A”
Filing # 84889311 E-Filed 02/13/2019 04:24:20 PM
Exhibit "A"
IN THE CIRCUIT COURT OF THE
SEVENTEENTHJUDICIAL CIRCUIT IN AND
FOR BROWARD COUNTY, FLORIDA
CASE NO.: CACE-18-000391
JEAN ROBERT LEBLANC,
Plaintiff,
Vv.
A & A WEST INDIAN GROCERIES INC
D/B/A A & A HALAL DISTRIBUTORS,
JOSE CARLOS BENITZ ORTEGA and
MOHAMED AZAD ASSIM,
Defendants.
/
PLAINTIFF’S SECOND AMENDED TRIAL EXHIBIT LIST
Exhibit Description Date Objected Date
No. Identified Admitted
1A Medical records pertaining to Jean Robert LeBlanc
from provider Westside Regional Medical Center for
dates of service from March 9, 2017 to present (PLT
0005-0096)
1B Additional medical records pertaining to Jean Robert
LeBlanc from provider Westside Regional Medical
Center - Examination Reports dated March 9, 2017
Billing records pertaining to Jean Robert LeBlanc from
provider Westside Regional Medical Center for dates of
service from March 9, 2017 to present
Medical records pertaining to Jean Robert LeBlanc
from provider City of Plantation EMS for date of
service March 9, 2017
Billing records pertaining to Jean Robert LeBlanc from
provider City of Plantation EMS for date of service
March 9, 2017
Medical records pertaining to Jean Robert LeBlanc
from provider Comprehensive NeuroBehavioral
Institute / Dr. David Ross for dates of service from
March 9, 2017 to present
PLAINTIFF’S SECOND AMENDED TRIAL EXHIBIT LIST
Exhibit Description Date Objected Date
No. Identified Admitted
6 Billing records pertaining to Jean Robert LeBlanc from
provider Comprehensive NeuroBehavioral Institute /
Dr. David Ross for dates of service from March 9, 2017
to present
Medical records pertaining to Jean Robert LeBlanc
from provider Headache and Neurological Treatment
Institute / Marc Irwin Sharfman, MD PA for dates of
service from March 9, 2017 to present
Billing records pertaining to Jean Robert LeBlanc from
provider Headache and Neurological Treatment
Institute / Marc Irwin Sharfman, MD PA for dates of
service from March 9, 2017 to present
Medical records pertaining to Jean Robert LeBlanc
from provider John R. Hartman MD & Associates for
dates of service from March 9, 2017 to present
10 Billing records pertaining to Jean Robert LeBlanc from
provider John R. Hartman MD & Associates for dates
of service from March 9, 2017 to present
11 Billing records pertaining to Jean Robert LeBlanc from
provider SMG759 — Neurology / Dr. Gopalaswamy for
dates of service from March 9, 2017 to present
122 Billing records pertaining to Jean Robert LeBlanc from
provider Marshland Emergency Physicians LLC / Dr.
Baumgard for dates of service from March 9, 2017 to
present
13 Billing records pertaining to Jean Robert LeBlanc from
provider Grassy Waters Inpatient Sves LLC / Dr.
Quesada for dates of service from March 9, 2017 to
present
14 Medical imaging films pertaining to Jean Robert
LeBlanc from provider Westside Regional Medical
Center March 9, 2017 to present (Composite exhibit)
15 Expert report (including any supplemental reports) of
Joyce H. Eastridge
16 Résumé of Joyce H. Eastridge
17 Expert report (including any supplemental reports) of
Nicholas Suite, MD
18 Curriculum vitae of Nicholas Suite, MD
19 Expert report (including any supplemental reports) of
Cheri Surloff, Ph.D., Psy.D.
PLAINTIFF’S SECOND AMENDED TRIAL EXHIBIT LIST
Exhibit Description Date Objected Date
No. Identified Admitted
20 Curriculum vitae of Cheri Surloff, Ph.D., Psy.D.
21 Curriculum vitae of Marc Irwin Sharfman, MD
22 Curriculum vitae of David B. Ross, MD
23 Florida Traffic Crash Report No. 86631491
24 Appraisal and photographs of Defendant’s vehicle from
Metro Appraisal, Inc. (PLT 0154-0171)
25 Estimate and photographs of Plaintiff's vehicle from
Allstate Insurance Company (PLT 0172-0226)
26 Additional photographs of Plaintiff's vehicle (PLT
0227-0236)
27 Additional photographs of Plaintiff's vehicle
28 Estimate of Record and photographs of 1998 Toyota
4Runner driven by Monica Jean (PLT 0247-0353)
29 GEICO Explanations of Review and PIP Log for
Plaintiff
30 Earning Statements for Plaintiff from Xtreme Aviation
LLC (PLT 0375-0396)
31 Earning Statements for Plaintiff from Aviation
Personnel LLC (PLT 0401-0410)
32 Employment and payroll records pertaining to Plaintiff
from Xtreme Aviation LLC
33 Aviation ID for Plaintiff from Xtreme Aviation LLC
34 Defendant A&A West Indian Groceries Inc.’s Verified
Answers to Interrogatories served August 6, 2018
35 Defendant A&A West Indian Groceries Inc.’s
Response to Request to Produce, including all
attachments served August 17, 2018
36 Defendant A&A West Indian Groceries Inc.’s
Responses to Request for Admissions served June 26,
2018
37 Defendant Mohamed Azad Assim’s Verified Answers
to Interrogatories served August 6, 2018
38 Defendant Mohamed Azad Assim’s Response to
Request to Produce, including all attachments served
August 6, 2018
39 Defendant Mohamed Azad Assim’s Responses to
Request for Admissions served June 26, 2018
PLAINTIFF’S SECOND AMENDED TRIAL EXHIBIT LIST
Exhibit Description Date Objected Date
No. Identified Admitted
40 Defendant Jose Carlos Benitez Ortega’s Responses to
Request for Admissions served June 26, 2018
41 Defendant A&A West Indian Groceries Inc.’s
Response to Supplemental Request to Produce,
including all attachments served October 19, 2018
42 Defendant A&A West Indian Groceries Inc.’s Verified
Answers to Supplemental Interrogatories served
October 24, 2018
43 Defendant Mohamed Azad Assim’s Response to
Supplemental Request to Produce, including all
attachments served October 19, 2018
44 Defendant Mohamed Azad Assim’s Verified Answers
to Supplemental Interrogatories served October 24,
2018
45 Chart summarizing medical records of Jean Robert
LeBlanc
46 Chart summarizing medical billing records of Jean
Robert LeBlanc
47 Personal photographs of Jean Robert LeBlanc
48 Photographs of accident location
49 Aerial (Google Earth) photographs of accident location
50 Résumé of Plaintiff Jean Robert Leblanc
51 Plaintiff's FAA identification card
52 Medical articles and/or medical journals regarding
closed head injuries (TBD)
52A Cognitive Sequelae of Traumatic Brain Injury
52B Mild Traumatic Brain Injuries were previously
undiagnosable, and therefore treatment uncertain, and
damages speculative
52C Traumatic Brain Injury Assessment and Therapy Current
and Future Perspective
PLAINTIFF’S SECOND AMENDED TRIAL EXHIBIT LIST
Exhibit Description Date Objected Date
No. Identified Admitted
52D Understanding TBI Part 1: What happens to the brain
during injury and in the early stages of recovery from
TBI?
52E Understanding TBI Party 2: Brain injury impact on
individuals’ function
52F What Happens Immediately After the Injury
53 Defendants’ Answers to Expert Witness Interrogatories
54 Defendants’ Responses to Plaintiff's Third Request for
Production, including all attachments
55 Perpetual History Report for Plaintiff from Aviation
Personnel LLC (PLT 0685-0687)
56 Employee records, including payroll, for Plaintiff, from
HQ Aero Management Inc. (PLT 0688-0729)
57 Plaintiff's 2017 Tax Return (PLT 0730-0750)
58 Plaintiff's 2017 Tax Return Transcript (PLT 0751-
0754)
59 Plaintiff's 2016 Tax Return Transcript (PLT 0755-
0757)
60 Plaintiff's 2015 Tax Return Transcript (PLT 0758-
0761)
61 Plaintiff's paystubs from Sky Aerospace Engineering
Inc (PLT 0762-0764)
62 Plaintiff's 2018 W-2 from Aviation Personnel LLC
(PLT 0765)
63 Plaintiff's 2018 W-2 from HQ Aero Management Inc.
(PLT 0766)
64 Federal Aviation Administration document “Aircraft
Mechanic Oral, Practical, & Written Tests”
64A Island Air Charters records
65 Voice Recordings of 911 Calls
66 Mortality Tables
67 Exhibits to Deposition of Corporate Representative of A
& A West Indian Groceries
PLAINTIFF’S SECOND AMENDED TRIAL EXHIBIT LIST
Exhibit Description Date Objected Date
No. Identified Admitted
68 Exhibits to Deposition of Cheri Surloff
69 Exhibits to Deposition of Nicholas Suite
70 Exhibits to Deposition of Guylene Magloire
71 Exhibits to Deposition of Joyce Eastridge
72 Exhibits to Deposition of Stuart Angelo
73 Exhibits to Deposition of David Bush
74 Exhibits to Deposition of Mark Sharfman, M.D.
75 ‘Video to Deposition of Mark Sharfman, M.D.
76 Plaintiff's pilot and airplane mechanic certificates
77 Photographs, articles and videos of aviation accidents
caused by maintenance oversight
78 Federal Aviation Administration document “Basic
Requirements to Become an Aircraft Mechanic”
79 Federal Aviation Administration document “Experience
Requirements to Become an Aircraft Mechanic”
80 Federal Aviation Administration Advisory Circular No.
65-30A.
81 Federal Aviation Regulations governing Aviation &
Powerplant mechanics, FAR 65, Subpart D
82 Any additional or supplemental expert reports which
may be generated in the future by Plaintiffs experts
and/or records reviewed
83 Any and all materials reviewed by Plaintiffs expert
witnesses in connection with this case
84 Any additional documents pertaining to Plaintiff's
employment or income (including tax records) which
are not yet in Plaintiff's possession
85 Plaintiff's Answers to Interrogatories.
86 Documents Produced by Plaintiff in Response to Request
for Production.
PLAINTIFF’S SECOND AMENDED TRIAL EXHIBIT LIST
Exhibit Description Date Objected Date
No. Identified Admitted
87 Plaintiff reserves the right to utilize any exhibits listed
by any of the other parties of this lawsuit
88 Any and all impeachment or rebuttal exhibits.
89 Plaintiff reserves the right to supplement and/or amend
this Exhibit List.
DATED this 13th day of February, 2019.
ANDERSONGLENN LLP
s/ WilnarJ. Julmiste
Gregory A. Anderson, Esq.
Florida Bar No.: 0398853
Email: gaanderson@asglaw.com
Wilnar J. Julmiste, Esq.
Florida Bar No.: 037172
Email: julmiste@asglaw.com
2650 North Military Trail, Suite 430
Boca Raton, FL 33431
Tel.: (561) 893-9192
Fax: (561) 893-9194
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this 13" day of February, 2019, I electronically filed the
foregoing document with the Clerk of the Court using Florida Court’s E-Filing Portal and certify
that all counsel of record have been served via transmission of Notice of Electronic Filing
generated by Florida Court E-Filing Portal or in some other authorized manner for those counsel
or parties who are not authorized to receive electronically Notices of Electronic Filing.
s/ WilnarJ. Julmiste
Wilnar J. Julmiste, Esq.
Exhibit “B”
Filing # 84678890 E-Filed 02/08/2019 06:39:07 PM
Exhibit "B"
IN THE CIRCUIT COURT OF THE
SEVENTEENTH JUDICIAL CIRCUIT IN
AND FOR BROWARD COUNTY, I'LORIDA
CASE NO. 18 00391 CACE
JEAN ROBERT LEBLANC,
Plaintiff,
vs.
A&A WEST INDIAN GROCERIES, INC.,
D/B/A A&A HALAL DISTRIBUTORS, JOSE
CARLOS BENITZ ORTEGA AND
MOHAMED AZAD ASSIM,
Defendants. l
DEFENDANTS’ AMENDED EXHIBIT LIST
COMES NOW, the Defendants, A&A WEST INDIAN GROCERIES, INC.D/B/A A&A
HALAL DISTRIBUTORS, JOSE CARLOS BENIT'Z ORTEGA AND MOHAMED AZAD ASSIM,
by and through the undersigned counscl, and file herein the following amended list of exhibits:
1 Applicable Florida Statutes and Broward County Ordinances.
2 Those exhibits necessary for impeachment and rebuttal.
Photographs and diagrams of the accident scene.
Photographs, estimates, and appraisals regarding the vehicles involved in the accident.
Medical records, medical reports, medical films and medical bills of the Plaintiff.
Hospital records of the Plaintiff.
Applications for employment, employment records, payroll records and personnel
records of the Plaintiff, including, but not limited to:
a, Aviation Personnel
b HQ Aero Management, Inc.
c Island Air Charters
Sky Acrospace Ingineering, Inc.
¢, Xtreme Aviation.
£ Constant Aviation
8 Income records of the Plaintiff, including, but not limited to, tax returns, schedules,
forms, statements, records, reports, and charts of the Plaintiff.
9 Police reports, including, but not limited to, the accident report, traffic citations, and
notes of the investigating officer.
10. Estate planning, mortgage, banking and other financial records of the Plaintiff.
11. Photographs, enlargements, models, charts, graphs, drawings, and any other exhibits
needed to depict the area of injury alleged by Plaintiff, including, but not limited to, any photographs
of the Plaintiff before the alleged injury.
12. Answers to Intcrrogatories, Response(s) to Request(s) for Production and Response(s)
to Request(s) for Admissions.
13. Mortality tables.
14, Exhibits listed by the Plaintiffon their Pre-Trial Exhibit List, while reserving any and
all objections thereto.
15. Depositions that have been or will be taken in this action, and attachments thereto.
16. IME reports, diagnostic studies and in-take paperwork of:
a Dr. David Bush
b Dr. Richard Kishner
Cc, Dr. Alan Routman
d Dr. Michael Shahnasarian
c Stuart Angelo
17. Demonstrative evidence necessary to any expert witness opinion.
18. AMA Guidelines.
19. Defendant reserves the right to use exemplars, charts, graphs, photographs and
diagrams at trial.
20, Correspondence to, or from, Plaintiffs counsel.
21 Fire Rescue/Ambulance records of City of Plantation EMS.
22 Records from Social Security Administration.
23 Records from Facebook, Twitter, Instagram and other social media of the Plaintiff.
24 Pleadings, transcripts, depositions, videotapes, Interrogatory Answers, Complaints,
testimony, statements, correspondence, Releases, settlement agreements, and verdicts in Plaintiff's
lawsuit/claim.
25. Medical records, films, reports, diagnostic studies, bills, AOB’s, Direction(s) to Pay,
transcripts of testimony, licns and correspondence to, or of:
a. Medicaid RS Recovery Services
b Social Security Administration
CCF Itemization
Dr. David Ross and/or Comprehensive Neurobehavioral Institute
Grassy Waters Inpatient Services
Dr. Mare Sharfman/IHeadaches & Neurology ‘Treatment Institute
John R. Hartman, MD & Associates
h Dr. Lisa Wood
Marshland Emergency Physicians
Dr. Cherie Surloff, Ph.D., Psy. D.
SimonMcd Imaging
Cleveland Clinic Weston
Mm, Westside Regional Medical Center
n. Dr. Nicholas Suite
26 Belanger, 1.G., Curtiss, G., Demery, J.A., Lebowitz, B.K. & Vanderploeg, R.D.
2005 “Factors Moderating Neuropsychological Outcomes lollowing Mild Traumatic
Brain Injury: A Meta Analysis”, Journal of the International Ncuropsychological
Socicty, 11, 215-227.
27 Belanger, H.G. & Vanderploeg, R.D., 2005 “The Neuropsychological Impact of
Sports-Related Concussion: A Meta-Analysis”, Journal of the International
Neuropsychological Society, 11, 345-357.
28 Binder, L.M., Rohling, M.L, & Larrabee, G.J, 1997 “A review of lead Trauma: Part
|. Meta-Analytic Review of Neuropsychological Studies”, Journal of Clinical and
Experimental Neuropsychology, 19, 421-431.
29 Frenchman, K.A.R., Fox, A.M. & Mayberry, M.T., 2005 “Neuropsychological
Studies of Mild Traumatic Brain Injury: A Meta-Analytic Review of Research Since
1995", Journal of Clinical and Experimental Neuropsychology, 27, 334-351.
30. Rohling, M.L., Binder, L.M., Demakis, G.J., Larrabee, G.J., Ploetz, D.M., &
Langhinrichsen-Rohling, J.,2011 “A Meta-Analysis of Neuropsychological Outcome
After Mild Traumatic Brain Injury: Re-Analysis and Reconsideration of Binder et al
(1997), Frenchman, et al (2005), and Pertab, et al (2009), The Clinical
Neuropsychologist, 25, 608-623.
31 Schretlen, D.J. & Shapiro, A.M., 2003 “A Quantitative Review of the Effects of
Traumatic Brain Injury on Cognitive Functioning”, International Review of
Psychiatry, 15, 341-349.
32 Carroll, L.J., Cassidy, J.D., Peloso, P.M., Borg, J., von Holst IL, Holm, L., Paniak,
C. & Pepin, M., 2004 “Prognosis for Mild Traumatic Brain Injury: Results of the
WHO Collaborating Cntre Task Force on Mild Traumatic Brain Injury”, Journal of
Rehabilitation Medicine, Supp, 42: 84-105).
33 Gulf War and Health, Volume 7: “Long Term Consequences of Traumatic Brain
Injury” 2009. Washington, D.C.: The National Academics Press.
34 McCrea, M., 2008 “Mild Traumatic Brain Injury and Post-Concussion Syndrome:
The New Evidence Base for Diagnosis and Treatment”, New York: Oxford
University Press.
35 Nuwer, M. 1997, Assessment of Digital KEG, Quantitative EEG, and EEG Brain
Mapping: Report of the American Academy of Neurology and the American Clinical
Neurophysiology Society”, Neurology, 49, 277-292.
36 Nuwer, M.R., Hovda, D.A., Schrader, L.M. & Vespa, P.M. 2005, “Routine and
Quantitative Electroencephalography in mild traumatic brain injury”, Journal of
Neurotrauma, 30, 653-656.
37 Heaton, R.K., Miller, S.W., Taylor, M.J., & Grant, I. 2004 “Revised Comprehensive
Norms for an I:xpanded Halstead-Reitan Battery. Demographically Adjusted
Neuropsychological Norms for African American and Caucasian Adults,
Professional Manuel”, Lutz, 1: Psychological Assessment Resources, Inc.
38 Binder, L.M., Kelly, M.P., Villanueva, M.R., & Winslow, M.M., 2003, “Motivation
and Neuropsychological Test Performance lollowing Mild Iead Injury”, Journal
of Clinical and I'perimental Neuropsychology, 25, 420-430.
39 Ord, J.S., Greve, K.W., Bianchini, K.J., & Aguerrevere, L.B., 2010, “/xecutive
Dysfunction in Traumatic Brain Injury. The Effects of Injury Severity and Effort on
the Wisconsin Card Sorting Test’, Journal of Clinical and Experimental
Neuropsychology, 32, 132-140.
40. Mitrushina, M. Boone, K.B., Razini, J. & D’ELia, L.F., 2005 “landbook of
Normative Data for Neuropsychological Assessment, Second Edition”, New York:
Oxford University Press.
41 Strauss, FE. Sherman, E.M.S. & Spreen, O. 2006, “A Compendium of
Neurospychological Tests - Administration, Norms and Commentary, Third Edition,
New York: Oxford University Press.
42 Rabin, L.A., Barr, W.B. & Burton, L.A., 2005, “Assessment Practices of Clinical
Neuropsychologists in the United States and Canada: A Survey of INS, NAN, and
APA Division 40 Members”, Archives of Clinical Neuropsychology, 20, 33-65.
43 Russo, A.C., 2018, “A Practitioner Survey of Department Veterans Affair
Psychologists Who Provide Neuropsychological Assessments”, Archives of Clinical
Neuropsychology, 33, 1046-1059.
44 Misdraji-Hammond, E., Lim, N.K., Fernandez, M., & Burke, M.E. 2015, “Object
Familiarity and Acculturation Do Not Explain Performance Difference Between
Spanish-ENglish Bilinguals and I:nglish Monolinguals on the Boston Naming Test”,
Archives of Clinical Neuropsychology, 30, 59-67,
45 Roberts, P.M., Gar ia, LJ., Desrocher: A, & Hernandez, 1. 2002, ‘English
Performance of Proficient Bilingual Adults on the Boston Naming Test”
Aphasiology, 16, 635-645.
* Defendants reserve all objections to exhibits listed by the other parties.
* Defendants herein reserve the right to amend this Pxhibit List prior to trial.
‘These exhibits are available for examination and initialing in the offices of the attorney for
the Defendants.
CI OF SERVIC Kh
THEREBY CE TIFY that a true and correct copy of the foregoing has been furnished by 1:
Serve this 8" day of February, 2019, to Wilnar J. Julmiste, U’sq., julmiste asglaw.com.
Attorneys for Defendants
Hankin & Giaramita. A.
7450 Griffin Road, Suite 270
Davie, FL, 33314
(954) 318-3838
pleadings@joejoelaw.com
—
Jos bAR. Giaramita, [squire
brida Bar 025968
Exhibit “C”
Filing # 84855754 E-Filed 02/13/2019 11:59:54 AM
Exhibit "C"
IN THE CIRCUIT COURT OF THE
SEVENTEENTH JUDICIAL CIRCUIT IN
AND FOR BROWARD COUNTY,
FLORIDA
CASE NUMBER: CACE-18-000391
JEAN ROBERT LEBLANC,
Plaintiff,
Vv.
A & A WEST INDIAN GROCERIES INC
D/B/A A & A HALAL DISTRIBUTORS,
JOSE CARLOS BENITZ ORTEGA and
MOHAMED AZAD ASSIM,
Defendants.
PLAINTIFF’S STATEMENT OF OBJECTIONS TO DEFENDANTS’ AMENDED
EXHIBIT LIST
Plaintiff, JEAN ROBERT LEBLANC, by and through his undersigned counsel, hereby
files his statement of objections to Defendants’ Amended Exhibit List for trial filed on February
8, 2019 as follows:
DEFENDANTS’ AMENDED EXHIBIT LIST
Exhibit Document Description of Plaintiffs Date Date With or Without
No. Exhibits Identified | Admitted Objection
1 Applicable Florida Statutes and Broward Objections reserved:
County Ordinances Relevancy, Hearsay,
Materiality, Lack of
Predicate/ Foundation,
Best Evidence
Those exhibits necessary for impeachment Objections reserved:
and rebuttal Relevancy, Hearsay,
Materiality, Lack of
Predicate/ Foundation,
Best Evidence
Photographs and diagrams of the accident Objections reserved:
scene. Relevancy, Hearsay,
Materiality, Lack of
Predicate/ Foundation,
Best Evidence
Photographs, estimates, and appraisals Objections reserved:
regarding the vehicles involved in the Relevancy, Hearsay,
accident Materiality, Lack of
Predicate/ Foundation,
Best Evidence
Medical records, medical reports, medical Objections reserved:
films and medical bills of the Plaintiff. Relevancy, Hearsay,
Materiality, Lack of
Predicate/ Foundation,
Best Evidence
Hospital records of the Plaintiff. Objections reserved:
Relevancy, Hearsay,
Materiality, Lack of
Predicate/ Foundation,
Best Evidence
Taf Applications for employment, Objections reserved:
employment records, payroll records and Relevancy, Hearsay,
personnel records of the Plaintiff, Materiality, Lack of
including, but not limited to: Predicate/ Foundation,
a. Aviation Personnel Best Evidence
b. HQ Aero Management, Inc.
c. Island Air Charters
d. Sky Aerospace Engineering, Inc.
e. Xtreme A vi at ion
f. Constant Aviation
Income records of the Plaintiff: including, Objections reserved:
but not limited to, tax returns, schedules, Relevancy, Hearsay,
forms, statements, records, reports, and Materiality, Lack of
charts of the Plaintiff Predicate/ Foundation,
Best Evidence
Police reports, including, but not limited Objections reserved:
to, the accident report, traffic citations, Relevancy, Hearsay,
and notes of the investigating officer Materiality, Lack of
Predicate/ Foundation,
Best Evidence
10 Estate planning, mortgage, banking and Objections reserved:
other financial records of the Plaintiff Relevancy, Hearsay,
Materiality, Lack of
Predicate/ Foundation,
Best Evidence
11 Photographs, enlargements, models, Objections reserved:
charts, graphs, drawings, and any other Relevancy, Hearsay,
exhibits needed to depict the area of injury Materiality, Lack of
alleged by Plaintiff, including, but not Predicate/ Foundation,
limited to, any photographs of the Plaintiff Best Evidence
before the alleged injury.
12 Answers to Interrogatories, Response(s) Objections reserved:
to Request( s) for Production and Relevancy, Hearsay,
Response(s) to Request(s) for Admissions Materiality, Lack of
Predicate/ Foundation,
Best Evidence
13 Mortality tables. Objections reserved:
Relevancy, Hearsay,
Materiality, Lack of
Predicate/ Foundation,
Best Evidence
14 Exhibits listed by the Plaintiff on their Objections reserved:
Pre-Trial Exhibit List, while reserving any Relevancy, Hearsay,
and all objections thereto Materiality, Lack of
Predicate/ Foundation,
Best Evidence
15 Depositions that have been or will be Objections reserved:
taken in this action, and attachments Relevancy, Hearsay,
thereto Materiality, Lack of
Predicate/ Foundation,
Best Evidence
16 a-e IME reports, diagnostic studies and in-take Objections reserved:
paperwork of: Relevancy, Hearsay,
a. Dr. David Bush Materiality, Lack of
b. Dr. Richard Kishner Predicate/ Foundation,
c. Dr. Alan Routman Best Evidence
d. Dr. Michael Shahnasarian
c. Stuart Angelo
17 Demonstrative evidence necessary to any Objections reserved:
expert witness opinion Relevancy, Hearsay,
Materiality, Lack of
Predicate/ Foundation,
Best Evidence
18 AMA Guidelines Objections reserved:
Relevancy, Hearsay,
Materiality, Lack of
Predicate/ Foundation,
Best Evidence
19 Defendant reserves the right to use Objections reserved:
exemplars, charts, graphs, photographs Relevancy, Hearsay,
and diagrams at trial Materiality, Lack of
Predicate/ Foundation,
Best Evidence
20 Correspondence to, or from, Plaintiff's Objections reserved:
counsel. Relevancy, Hearsay,
Materiality, Lack of
Predicate/ Foundation,
Best Evidence
21 Fire Rescue/ Ambulance records of City of Objections reserved:
Plantation EMS Relevancy, Hearsay,
Materiality, Lack of
Predicate/ Foundation,
Best Evidence
22 Records from Social Security Objections reserved:
Administration Relevancy, Hearsay,
Materiality, Lack of
Predicate/ Foundation,
Best Evidence
23 Records from Facebook, Twitter, Objections reserved:
Instagram and other social media of the Relevancy, Hearsay,
Plaintiff Materiality, Lack of
Predicate/ Foundation,
Best Evidence
24 Pleadings, transcripts, depositions, Objections reserved:
videotapes, Interrogatory Answers, Relevancy, Hearsay,
Complaints, testimony, statements, Materiality, Lack of
correspondence, Releases, settlement Predicate/ Foundation,
agreements, and verdicts in Plaintiff's Best Evidence
lawsuit/claim
25 a- Medical records, films, reports, diagnostic Objections reserved:
studies, bills, AOB's, Direction(s) to Pay, Relevancy, Hearsay,
transcripts of testimony, liens and Materiality, Lack of
correspondence to, or of: Predicate/ Foundation,
a. Medicaid RS Recovery Services Best Evidence
b. Social Security Administration
c. CCF Itemization
d. Dr. David Ross and/or Comprehensive
Neurobehavioral Institute
c. Grassy Waters Inpatient Services
f. Dr. Mare Sharfman/Headaches &
Neurology Treatment Institute
g. John R. Hartman, MD & Associates
h. Dr. Lisa Wood
1. Marshland Emergency Physicians
J. Dr. Cherie Surloff, Ph.D., Psy. D.
k. SimonMcd Imaging
1. Cleveland Clinic Weston
m. Westside Regional Medical Center
n. Dr. Nicholas Suite
26 Belanger, H.G., Curtiss, G., Demery, J.A., Objections reserved:
Lebowitz, B.K. & Vanderploeg, R.D. Relevancy, Hearsay,
2005 "Factors Moderating Materiality, Lack of
Neuropsychological Outcomes Following Predicate/ Foundation,
Mild Traumatic Brain Injury: A Meta Best Evidence
Analysis", Journal of the International
Neuropsychological
Society, 11,215-227.
27 Belanger, H.G. & Vanderploeg, R.D., Objections reserved:
2005 "The Neuropsychological Impact of Relevancy, Hearsay,
Sports-Related Concussion: A Meta- Materiality, Lack of
Analysis", Journal of the International Predicate/ Foundation,
Neuropsychological Society, 11, 345-357. Best Evidence
28 Binder, L.M., Rohling, M.L, & Larrabee, Objections reserved:
G.J, 1997 "A review of Head Trauma: Relevancy, Hearsay,
Part I. Meta-Analytic Review of Materiality, Lack of
Neuropsychological Studies", Journal of Predicate/ Foundation,
Clinical and Experimental Best Evidence
Neuropsychology, 19,421-431.
29 Frenchman, K.A.R., Fox, A.M. & Objections reserved:
Mayberry, M.T., 2005 Relevancy, Hearsay,
"Neuropsychological Studies of Mild Materiality, Lack of
Traumatic Brain Injury: A Meta-Analytic Predicate/ Foundation,
Review of Research Since 1995", Journal Best Evidence
of Clinical and Experimental
Neuropsychology, 27, 334-351.
30 Rohling, M.L., Binder, L.M., Demakis, Objections reserved:
G.J., Larrabee, G.J., Ploetz, D.M., & Relevancy, Hearsay,
Langhinrichsen-Rohling, J.,20 11 "A Materiality, Lack of
Meta-Analysis of Neuropsychological Predicate/ Foundation,
Outcome After Mild Traumatic Brain Best Evidence
Injury: Re-Analysis and Reconsideration
of Binder et al (1997), Frenchman, et al
(2005), and Per tab, et al (2009)", The
Clinical Neuropsychologist, 25, 608-623
31 Schretlen, D.J. & Shapiro, AM., 2003 "4 Objections reserved:
Quantitative Review of the Effects of Relevancy, Hearsay,
Traumatic Brain Injury on Cognitive Materiality, Lack of
Functioning", International Review of Predicate/ Foundation,
Psychiatry, 15, 341-349, Best Evidence
32 Carroll, L.J., Cassidy, J.D., Peloso, P.M., Objections reserved:
Borg, J., von Holst II., Holm, L., Paniak, Relevancy, Hearsay,
C. & Pepin, M., 2004 "Prognosis for Mild Materiality, Lack of
Traumatic Brain Injury: Results of the Predicate/ Foundation,
WHO Collaborating Centre Task Force on Best Evidence
Mi
Preview
Filing # 88148321 E-Filed 04/17/2019 04:40:40 PM IN THE CIRCUIT COURT OF THE 177 JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CASE NUMBER: CACE-18-000391 JEAN ROBERT LEBLANC, Plaintiff, vs. A&A WEST INDIAN GROCERIES, ENC., D/B/A A&A HALAL DISTRIBUTORS, JOSE CARLOS BENITEZ ORTEGA AND MOHAMED AZAD ASSIM, Defendants. — / JOINT PRE-TRIAL STIPULATION Plaintiff, Jean Robert LeBlanc, (hereinafter referred to as “Plaintiff’) and Defendants, A&A West Indian Groceries, Inc. d/b/a A&A Halal Distributors, Jose Carlos Benitez Ortega and Mohamed Azad Assim (hereinafter referred to as “Defendants”), through their undersigned counsel, file this Joint Pretrial Stipulation and stipulate and agree as follows: 1 FACTUAL STATEMENT OF CASE: On March 9, 2017, Jean Robert LeBlanc and Jose Carlos Benitez Ortega were involved in a motor vehicle accident while travelling south on N Nob Hill Road in Plantation, Broward County, Florida. Plaintiff filed this lawsuit against the Defendants for negligence and damages. The Defendants stipulate to liability for the cause of the accident. Il. AGREED UPON RULES OF LAW AND STIPULATED FACTS WHICH REQUIRE NO PROOF: 1 That this case shall be governed by the laws of the State of Florida and the Florida Standard Jury Instructions and any other jury instructions agreed to by the parties and any other agreement stipulated to in this pretrial stipulation and/or any special instructions allowed by the Court. That on March 9, 2017, Jean Robert LeBlanc was involved in a motor vehicle accident with Jose Carlos Benitez Ortega in Plantation, Broward County, Florida. 1 *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN. CLERK 4/17/2019 4:40:40 PM.**** That Mohamed Azad Assim and A&A West Indian Groceries, Inc., owned the vehicle that Jose Carlos Benitez Ortega was driving on March 9, 2017. That Jose Carlos Benitez Ortega was driving the vehicle with the consent of Mohamed Azad Assim on March 9, 2017. That Jose Carlos Benitez Ortega was employed by A&A West Indian Groceries, Inc., d/b/a A&A Halal Distributors on March 9, 2017. That Jose Carlos Benitez Ortega was within the course and scope of his employment with A&A West Indian Groceries, Inc., d/b/a A&A Halal Distributors on March 9, 2017. That at the time of the accident, Defendant Jose Carlos Benitez Ortega was on his way to Miami to make a delivery for Defendant A&A West Indian Groceries, Inc. That Defendants stipulate that Jose Carlos Benitez Ortega was negligent in the operation of their vehicle and caused the accident. That A&A West Indian Groceries, Inc, d/b/a A&A Halal Distributors and Mohamed Azad Assim are liable for the negligence of Jose Carlos Benitez Ortega and for the damages caused to Plaintiff, Jean Robert Leblanc. 10 Plaintiff had $10,000.00 in PIP coverage and received $10,000 in PIP payments towards Plaintiff's medical bills. Plaintiff's benefits are exhausted. ll. PIP and Collateral source set-offs will be handled post-trial by the Court and the parties do not have to introduce evidence of such set-offs during trial. Mil. ISSUES OF LAW AND FACT FOR DETERMINATION AT TRIAL: 1 Whether Plaintiff sustained a threshold injury. 2 Affirmative Defenses, if any. 3 The damages of Plaintiff, if any. 4 Reasonableness of Plaintiffs medical bills. IV LIST OF TRIAL EXHIBITS: 1 Plaintiff's list of trial exhibits has already been filed with the Court and is attached hereto and incorporated herein as Exhibit “A.” 2 Defendant’s list of trial exhibits has already been filed with this Court and is attached hereto and incorporated herein as Exhibit “B.” Plaintiff's List of Specific Objections to Defendants’ Exhibits: 1 Plaintiff's list of objections to Defendants’ exhibits has already been filed with the Court and is attached hereto as Exhibit “C.” All objections reserved. Defendants’ Objections to Plaintiff's Exhibits: 1 Defendant's list of objections to Plaintiff's exhibits has already been filed with the Court and is attached hereto as Exhibit “D”. All objections reserved. Vv. LIST OF EXPERT AND FACT WITNESSES: 1 Plaintiff's list of expert and fact witnesses have already been filed with the Court and is attached hereto and incorporated herein as Exhibit “I.” Defendant’s list of expert and fact witnesses has already been filed with the Court and is attached hereto and incorporated herein as Exhibit “F.” VI JURY INSTRUCTIONS Attached as Exhibit “G”. VIL. VERDICT FORM: Plaintiff's verdict form is attached as Exhibit “H”. Defendants’ verdict form is attached as Exhibit “I”. VII. NUMBER OF PEREMPTORY CHALLENGES FOR EACH PARTY OR SIDE Three for Plaintiff and three for Defendants. IX PENDING MOTIONS: 1 Plaintiff's Motions in Limine. Defendants’ Motion to Strike. Defendants’ Motion in Limine. Defendants’ Second Motion in Limine ESTIMATED TRIAL TIME: Plaintiff: 3 days Defendants: 3-4 days. XI DAUBERYT ISSUES: None raised by either party XII. ATTORNEYS TO TRY CASE For the Plaintiff: Gregory Anderson and Nick Whitney. For the Defendants: Joseph R. Giaramita. XI. OTHER AGREEMENTS: 1 None of the parties shall be required to call records custodians at the trial of this cause, to authenticate any exhibits or to establish their authenticity and/or as a predicate for their admissibility into evidence at trial. However, the parties reserve any and all other objections, including the relevancy of such testimony. Legible copies may be used instead of originals. That the parties furthermore agree that this Joint Pre-Trial Stipulation may be amended by agreement and written consent of the parties filed with the Court prior to the trial if permitted by the trial court and/or by Order of the Court prior to trial. DATED this 17 day of April 2019. Anderson Glenn LLP Attorneys for Plaintiff 2650 North Military Trail, Suite 430 Boca Raton, FL 33431 (561) 893-9192 vaanderse pn @asglaw.cor nwhitney'@.asglaw.com By: s/ Nicholas P. Whitney Gregory Anderson Florida Bar No.: 0398853 Nicholas P. Whitney Florida Bar No.: 119450 Hankin & Giaramita, P.A. Attorneys for Defendants 7450 Griffin Road, Suite 270 Davie, FL 33314 (954) 318-3838 TINGS a AV.COD) eee ———— — h k Giaramita I wn 3ar No.: 025968 Exhibit “A” Filing # 84889311 E-Filed 02/13/2019 04:24:20 PM Exhibit "A" IN THE CIRCUIT COURT OF THE SEVENTEENTHJUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CASE NO.: CACE-18-000391 JEAN ROBERT LEBLANC, Plaintiff, Vv. A & A WEST INDIAN GROCERIES INC D/B/A A & A HALAL DISTRIBUTORS, JOSE CARLOS BENITZ ORTEGA and MOHAMED AZAD ASSIM, Defendants. / PLAINTIFF’S SECOND AMENDED TRIAL EXHIBIT LIST Exhibit Description Date Objected Date No. Identified Admitted 1A Medical records pertaining to Jean Robert LeBlanc from provider Westside Regional Medical Center for dates of service from March 9, 2017 to present (PLT 0005-0096) 1B Additional medical records pertaining to Jean Robert LeBlanc from provider Westside Regional Medical Center - Examination Reports dated March 9, 2017 Billing records pertaining to Jean Robert LeBlanc from provider Westside Regional Medical Center for dates of service from March 9, 2017 to present Medical records pertaining to Jean Robert LeBlanc from provider City of Plantation EMS for date of service March 9, 2017 Billing records pertaining to Jean Robert LeBlanc from provider City of Plantation EMS for date of service March 9, 2017 Medical records pertaining to Jean Robert LeBlanc from provider Comprehensive NeuroBehavioral Institute / Dr. David Ross for dates of service from March 9, 2017 to present PLAINTIFF’S SECOND AMENDED TRIAL EXHIBIT LIST Exhibit Description Date Objected Date No. Identified Admitted 6 Billing records pertaining to Jean Robert LeBlanc from provider Comprehensive NeuroBehavioral Institute / Dr. David Ross for dates of service from March 9, 2017 to present Medical records pertaining to Jean Robert LeBlanc from provider Headache and Neurological Treatment Institute / Marc Irwin Sharfman, MD PA for dates of service from March 9, 2017 to present Billing records pertaining to Jean Robert LeBlanc from provider Headache and Neurological Treatment Institute / Marc Irwin Sharfman, MD PA for dates of service from March 9, 2017 to present Medical records pertaining to Jean Robert LeBlanc from provider John R. Hartman MD & Associates for dates of service from March 9, 2017 to present 10 Billing records pertaining to Jean Robert LeBlanc from provider John R. Hartman MD & Associates for dates of service from March 9, 2017 to present 11 Billing records pertaining to Jean Robert LeBlanc from provider SMG759 — Neurology / Dr. Gopalaswamy for dates of service from March 9, 2017 to present 122 Billing records pertaining to Jean Robert LeBlanc from provider Marshland Emergency Physicians LLC / Dr. Baumgard for dates of service from March 9, 2017 to present 13 Billing records pertaining to Jean Robert LeBlanc from provider Grassy Waters Inpatient Sves LLC / Dr. Quesada for dates of service from March 9, 2017 to present 14 Medical imaging films pertaining to Jean Robert LeBlanc from provider Westside Regional Medical Center March 9, 2017 to present (Composite exhibit) 15 Expert report (including any supplemental reports) of Joyce H. Eastridge 16 Résumé of Joyce H. Eastridge 17 Expert report (including any supplemental reports) of Nicholas Suite, MD 18 Curriculum vitae of Nicholas Suite, MD 19 Expert report (including any supplemental reports) of Cheri Surloff, Ph.D., Psy.D. PLAINTIFF’S SECOND AMENDED TRIAL EXHIBIT LIST Exhibit Description Date Objected Date No. Identified Admitted 20 Curriculum vitae of Cheri Surloff, Ph.D., Psy.D. 21 Curriculum vitae of Marc Irwin Sharfman, MD 22 Curriculum vitae of David B. Ross, MD 23 Florida Traffic Crash Report No. 86631491 24 Appraisal and photographs of Defendant’s vehicle from Metro Appraisal, Inc. (PLT 0154-0171) 25 Estimate and photographs of Plaintiff's vehicle from Allstate Insurance Company (PLT 0172-0226) 26 Additional photographs of Plaintiff's vehicle (PLT 0227-0236) 27 Additional photographs of Plaintiff's vehicle 28 Estimate of Record and photographs of 1998 Toyota 4Runner driven by Monica Jean (PLT 0247-0353) 29 GEICO Explanations of Review and PIP Log for Plaintiff 30 Earning Statements for Plaintiff from Xtreme Aviation LLC (PLT 0375-0396) 31 Earning Statements for Plaintiff from Aviation Personnel LLC (PLT 0401-0410) 32 Employment and payroll records pertaining to Plaintiff from Xtreme Aviation LLC 33 Aviation ID for Plaintiff from Xtreme Aviation LLC 34 Defendant A&A West Indian Groceries Inc.’s Verified Answers to Interrogatories served August 6, 2018 35 Defendant A&A West Indian Groceries Inc.’s Response to Request to Produce, including all attachments served August 17, 2018 36 Defendant A&A West Indian Groceries Inc.’s Responses to Request for Admissions served June 26, 2018 37 Defendant Mohamed Azad Assim’s Verified Answers to Interrogatories served August 6, 2018 38 Defendant Mohamed Azad Assim’s Response to Request to Produce, including all attachments served August 6, 2018 39 Defendant Mohamed Azad Assim’s Responses to Request for Admissions served June 26, 2018 PLAINTIFF’S SECOND AMENDED TRIAL EXHIBIT LIST Exhibit Description Date Objected Date No. Identified Admitted 40 Defendant Jose Carlos Benitez Ortega’s Responses to Request for Admissions served June 26, 2018 41 Defendant A&A West Indian Groceries Inc.’s Response to Supplemental Request to Produce, including all attachments served October 19, 2018 42 Defendant A&A West Indian Groceries Inc.’s Verified Answers to Supplemental Interrogatories served October 24, 2018 43 Defendant Mohamed Azad Assim’s Response to Supplemental Request to Produce, including all attachments served October 19, 2018 44 Defendant Mohamed Azad Assim’s Verified Answers to Supplemental Interrogatories served October 24, 2018 45 Chart summarizing medical records of Jean Robert LeBlanc 46 Chart summarizing medical billing records of Jean Robert LeBlanc 47 Personal photographs of Jean Robert LeBlanc 48 Photographs of accident location 49 Aerial (Google Earth) photographs of accident location 50 Résumé of Plaintiff Jean Robert Leblanc 51 Plaintiff's FAA identification card 52 Medical articles and/or medical journals regarding closed head injuries (TBD) 52A Cognitive Sequelae of Traumatic Brain Injury 52B Mild Traumatic Brain Injuries were previously undiagnosable, and therefore treatment uncertain, and damages speculative 52C Traumatic Brain Injury Assessment and Therapy Current and Future Perspective PLAINTIFF’S SECOND AMENDED TRIAL EXHIBIT LIST Exhibit Description Date Objected Date No. Identified Admitted 52D Understanding TBI Part 1: What happens to the brain during injury and in the early stages of recovery from TBI? 52E Understanding TBI Party 2: Brain injury impact on individuals’ function 52F What Happens Immediately After the Injury 53 Defendants’ Answers to Expert Witness Interrogatories 54 Defendants’ Responses to Plaintiff's Third Request for Production, including all attachments 55 Perpetual History Report for Plaintiff from Aviation Personnel LLC (PLT 0685-0687) 56 Employee records, including payroll, for Plaintiff, from HQ Aero Management Inc. (PLT 0688-0729) 57 Plaintiff's 2017 Tax Return (PLT 0730-0750) 58 Plaintiff's 2017 Tax Return Transcript (PLT 0751- 0754) 59 Plaintiff's 2016 Tax Return Transcript (PLT 0755- 0757) 60 Plaintiff's 2015 Tax Return Transcript (PLT 0758- 0761) 61 Plaintiff's paystubs from Sky Aerospace Engineering Inc (PLT 0762-0764) 62 Plaintiff's 2018 W-2 from Aviation Personnel LLC (PLT 0765) 63 Plaintiff's 2018 W-2 from HQ Aero Management Inc. (PLT 0766) 64 Federal Aviation Administration document “Aircraft Mechanic Oral, Practical, & Written Tests” 64A Island Air Charters records 65 Voice Recordings of 911 Calls 66 Mortality Tables 67 Exhibits to Deposition of Corporate Representative of A & A West Indian Groceries PLAINTIFF’S SECOND AMENDED TRIAL EXHIBIT LIST Exhibit Description Date Objected Date No. Identified Admitted 68 Exhibits to Deposition of Cheri Surloff 69 Exhibits to Deposition of Nicholas Suite 70 Exhibits to Deposition of Guylene Magloire 71 Exhibits to Deposition of Joyce Eastridge 72 Exhibits to Deposition of Stuart Angelo 73 Exhibits to Deposition of David Bush 74 Exhibits to Deposition of Mark Sharfman, M.D. 75 ‘Video to Deposition of Mark Sharfman, M.D. 76 Plaintiff's pilot and airplane mechanic certificates 77 Photographs, articles and videos of aviation accidents caused by maintenance oversight 78 Federal Aviation Administration document “Basic Requirements to Become an Aircraft Mechanic” 79 Federal Aviation Administration document “Experience Requirements to Become an Aircraft Mechanic” 80 Federal Aviation Administration Advisory Circular No. 65-30A. 81 Federal Aviation Regulations governing Aviation & Powerplant mechanics, FAR 65, Subpart D 82 Any additional or supplemental expert reports which may be generated in the future by Plaintiffs experts and/or records reviewed 83 Any and all materials reviewed by Plaintiffs expert witnesses in connection with this case 84 Any additional documents pertaining to Plaintiff's employment or income (including tax records) which are not yet in Plaintiff's possession 85 Plaintiff's Answers to Interrogatories. 86 Documents Produced by Plaintiff in Response to Request for Production. PLAINTIFF’S SECOND AMENDED TRIAL EXHIBIT LIST Exhibit Description Date Objected Date No. Identified Admitted 87 Plaintiff reserves the right to utilize any exhibits listed by any of the other parties of this lawsuit 88 Any and all impeachment or rebuttal exhibits. 89 Plaintiff reserves the right to supplement and/or amend this Exhibit List. DATED this 13th day of February, 2019. ANDERSONGLENN LLP s/ WilnarJ. Julmiste Gregory A. Anderson, Esq. Florida Bar No.: 0398853 Email: gaanderson@asglaw.com Wilnar J. Julmiste, Esq. Florida Bar No.: 037172 Email: julmiste@asglaw.com 2650 North Military Trail, Suite 430 Boca Raton, FL 33431 Tel.: (561) 893-9192 Fax: (561) 893-9194 CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 13" day of February, 2019, I electronically filed the foregoing document with the Clerk of the Court using Florida Court’s E-Filing Portal and certify that all counsel of record have been served via transmission of Notice of Electronic Filing generated by Florida Court E-Filing Portal or in some other authorized manner for those counsel or parties who are not authorized to receive electronically Notices of Electronic Filing. s/ WilnarJ. Julmiste Wilnar J. Julmiste, Esq. Exhibit “B” Filing # 84678890 E-Filed 02/08/2019 06:39:07 PM Exhibit "B" IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, I'LORIDA CASE NO. 18 00391 CACE JEAN ROBERT LEBLANC, Plaintiff, vs. A&A WEST INDIAN GROCERIES, INC., D/B/A A&A HALAL DISTRIBUTORS, JOSE CARLOS BENITZ ORTEGA AND MOHAMED AZAD ASSIM, Defendants. l DEFENDANTS’ AMENDED EXHIBIT LIST COMES NOW, the Defendants, A&A WEST INDIAN GROCERIES, INC.D/B/A A&A HALAL DISTRIBUTORS, JOSE CARLOS BENIT'Z ORTEGA AND MOHAMED AZAD ASSIM, by and through the undersigned counscl, and file herein the following amended list of exhibits: 1 Applicable Florida Statutes and Broward County Ordinances. 2 Those exhibits necessary for impeachment and rebuttal. Photographs and diagrams of the accident scene. Photographs, estimates, and appraisals regarding the vehicles involved in the accident. Medical records, medical reports, medical films and medical bills of the Plaintiff. Hospital records of the Plaintiff. Applications for employment, employment records, payroll records and personnel records of the Plaintiff, including, but not limited to: a, Aviation Personnel b HQ Aero Management, Inc. c Island Air Charters Sky Acrospace Ingineering, Inc. ¢, Xtreme Aviation. £ Constant Aviation 8 Income records of the Plaintiff, including, but not limited to, tax returns, schedules, forms, statements, records, reports, and charts of the Plaintiff. 9 Police reports, including, but not limited to, the accident report, traffic citations, and notes of the investigating officer. 10. Estate planning, mortgage, banking and other financial records of the Plaintiff. 11. Photographs, enlargements, models, charts, graphs, drawings, and any other exhibits needed to depict the area of injury alleged by Plaintiff, including, but not limited to, any photographs of the Plaintiff before the alleged injury. 12. Answers to Intcrrogatories, Response(s) to Request(s) for Production and Response(s) to Request(s) for Admissions. 13. Mortality tables. 14, Exhibits listed by the Plaintiffon their Pre-Trial Exhibit List, while reserving any and all objections thereto. 15. Depositions that have been or will be taken in this action, and attachments thereto. 16. IME reports, diagnostic studies and in-take paperwork of: a Dr. David Bush b Dr. Richard Kishner Cc, Dr. Alan Routman d Dr. Michael Shahnasarian c Stuart Angelo 17. Demonstrative evidence necessary to any expert witness opinion. 18. AMA Guidelines. 19. Defendant reserves the right to use exemplars, charts, graphs, photographs and diagrams at trial. 20, Correspondence to, or from, Plaintiffs counsel. 21 Fire Rescue/Ambulance records of City of Plantation EMS. 22 Records from Social Security Administration. 23 Records from Facebook, Twitter, Instagram and other social media of the Plaintiff. 24 Pleadings, transcripts, depositions, videotapes, Interrogatory Answers, Complaints, testimony, statements, correspondence, Releases, settlement agreements, and verdicts in Plaintiff's lawsuit/claim. 25. Medical records, films, reports, diagnostic studies, bills, AOB’s, Direction(s) to Pay, transcripts of testimony, licns and correspondence to, or of: a. Medicaid RS Recovery Services b Social Security Administration CCF Itemization Dr. David Ross and/or Comprehensive Neurobehavioral Institute Grassy Waters Inpatient Services Dr. Mare Sharfman/IHeadaches & Neurology ‘Treatment Institute John R. Hartman, MD & Associates h Dr. Lisa Wood Marshland Emergency Physicians Dr. Cherie Surloff, Ph.D., Psy. D. SimonMcd Imaging Cleveland Clinic Weston Mm, Westside Regional Medical Center n. Dr. Nicholas Suite 26 Belanger, 1.G., Curtiss, G., Demery, J.A., Lebowitz, B.K. & Vanderploeg, R.D. 2005 “Factors Moderating Neuropsychological Outcomes lollowing Mild Traumatic Brain Injury: A Meta Analysis”, Journal of the International Ncuropsychological Socicty, 11, 215-227. 27 Belanger, H.G. & Vanderploeg, R.D., 2005 “The Neuropsychological Impact of Sports-Related Concussion: A Meta-Analysis”, Journal of the International Neuropsychological Society, 11, 345-357. 28 Binder, L.M., Rohling, M.L, & Larrabee, G.J, 1997 “A review of lead Trauma: Part |. Meta-Analytic Review of Neuropsychological Studies”, Journal of Clinical and Experimental Neuropsychology, 19, 421-431. 29 Frenchman, K.A.R., Fox, A.M. & Mayberry, M.T., 2005 “Neuropsychological Studies of Mild Traumatic Brain Injury: A Meta-Analytic Review of Research Since 1995", Journal of Clinical and Experimental Neuropsychology, 27, 334-351. 30. Rohling, M.L., Binder, L.M., Demakis, G.J., Larrabee, G.J., Ploetz, D.M., & Langhinrichsen-Rohling, J.,2011 “A Meta-Analysis of Neuropsychological Outcome After Mild Traumatic Brain Injury: Re-Analysis and Reconsideration of Binder et al (1997), Frenchman, et al (2005), and Pertab, et al (2009), The Clinical Neuropsychologist, 25, 608-623. 31 Schretlen, D.J. & Shapiro, A.M., 2003 “A Quantitative Review of the Effects of Traumatic Brain Injury on Cognitive Functioning”, International Review of Psychiatry, 15, 341-349. 32 Carroll, L.J., Cassidy, J.D., Peloso, P.M., Borg, J., von Holst IL, Holm, L., Paniak, C. & Pepin, M., 2004 “Prognosis for Mild Traumatic Brain Injury: Results of the WHO Collaborating Cntre Task Force on Mild Traumatic Brain Injury”, Journal of Rehabilitation Medicine, Supp, 42: 84-105). 33 Gulf War and Health, Volume 7: “Long Term Consequences of Traumatic Brain Injury” 2009. Washington, D.C.: The National Academics Press. 34 McCrea, M., 2008 “Mild Traumatic Brain Injury and Post-Concussion Syndrome: The New Evidence Base for Diagnosis and Treatment”, New York: Oxford University Press. 35 Nuwer, M. 1997, Assessment of Digital KEG, Quantitative EEG, and EEG Brain Mapping: Report of the American Academy of Neurology and the American Clinical Neurophysiology Society”, Neurology, 49, 277-292. 36 Nuwer, M.R., Hovda, D.A., Schrader, L.M. & Vespa, P.M. 2005, “Routine and Quantitative Electroencephalography in mild traumatic brain injury”, Journal of Neurotrauma, 30, 653-656. 37 Heaton, R.K., Miller, S.W., Taylor, M.J., & Grant, I. 2004 “Revised Comprehensive Norms for an I:xpanded Halstead-Reitan Battery. Demographically Adjusted Neuropsychological Norms for African American and Caucasian Adults, Professional Manuel”, Lutz, 1: Psychological Assessment Resources, Inc. 38 Binder, L.M., Kelly, M.P., Villanueva, M.R., & Winslow, M.M., 2003, “Motivation and Neuropsychological Test Performance lollowing Mild Iead Injury”, Journal of Clinical and I'perimental Neuropsychology, 25, 420-430. 39 Ord, J.S., Greve, K.W., Bianchini, K.J., & Aguerrevere, L.B., 2010, “/xecutive Dysfunction in Traumatic Brain Injury. The Effects of Injury Severity and Effort on the Wisconsin Card Sorting Test’, Journal of Clinical and Experimental Neuropsychology, 32, 132-140. 40. Mitrushina, M. Boone, K.B., Razini, J. & D’ELia, L.F., 2005 “landbook of Normative Data for Neuropsychological Assessment, Second Edition”, New York: Oxford University Press. 41 Strauss, FE. Sherman, E.M.S. & Spreen, O. 2006, “A Compendium of Neurospychological Tests - Administration, Norms and Commentary, Third Edition, New York: Oxford University Press. 42 Rabin, L.A., Barr, W.B. & Burton, L.A., 2005, “Assessment Practices of Clinical Neuropsychologists in the United States and Canada: A Survey of INS, NAN, and APA Division 40 Members”, Archives of Clinical Neuropsychology, 20, 33-65. 43 Russo, A.C., 2018, “A Practitioner Survey of Department Veterans Affair Psychologists Who Provide Neuropsychological Assessments”, Archives of Clinical Neuropsychology, 33, 1046-1059. 44 Misdraji-Hammond, E., Lim, N.K., Fernandez, M., & Burke, M.E. 2015, “Object Familiarity and Acculturation Do Not Explain Performance Difference Between Spanish-ENglish Bilinguals and I:nglish Monolinguals on the Boston Naming Test”, Archives of Clinical Neuropsychology, 30, 59-67, 45 Roberts, P.M., Gar ia, LJ., Desrocher: A, & Hernandez, 1. 2002, ‘English Performance of Proficient Bilingual Adults on the Boston Naming Test” Aphasiology, 16, 635-645. * Defendants reserve all objections to exhibits listed by the other parties. * Defendants herein reserve the right to amend this Pxhibit List prior to trial. ‘These exhibits are available for examination and initialing in the offices of the attorney for the Defendants. CI OF SERVIC Kh THEREBY CE TIFY that a true and correct copy of the foregoing has been furnished by 1: Serve this 8" day of February, 2019, to Wilnar J. Julmiste, U’sq., julmiste asglaw.com. Attorneys for Defendants Hankin & Giaramita. A. 7450 Griffin Road, Suite 270 Davie, FL, 33314 (954) 318-3838 pleadings@joejoelaw.com — Jos bAR. Giaramita, [squire brida Bar 025968 Exhibit “C” Filing # 84855754 E-Filed 02/13/2019 11:59:54 AM Exhibit "C" IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CASE NUMBER: CACE-18-000391 JEAN ROBERT LEBLANC, Plaintiff, Vv. A & A WEST INDIAN GROCERIES INC D/B/A A & A HALAL DISTRIBUTORS, JOSE CARLOS BENITZ ORTEGA and MOHAMED AZAD ASSIM, Defendants. PLAINTIFF’S STATEMENT OF OBJECTIONS TO DEFENDANTS’ AMENDED EXHIBIT LIST Plaintiff, JEAN ROBERT LEBLANC, by and through his undersigned counsel, hereby files his statement of objections to Defendants’ Amended Exhibit List for trial filed on February 8, 2019 as follows: DEFENDANTS’ AMENDED EXHIBIT LIST Exhibit Document Description of Plaintiffs Date Date With or Without No. Exhibits Identified | Admitted Objection 1 Applicable Florida Statutes and Broward Objections reserved: County Ordinances Relevancy, Hearsay, Materiality, Lack of Predicate/ Foundation, Best Evidence Those exhibits necessary for impeachment Objections reserved: and rebuttal Relevancy, Hearsay, Materiality, Lack of Predicate/ Foundation, Best Evidence Photographs and diagrams of the accident Objections reserved: scene. Relevancy, Hearsay, Materiality, Lack of Predicate/ Foundation, Best Evidence Photographs, estimates, and appraisals Objections reserved: regarding the vehicles involved in the Relevancy, Hearsay, accident Materiality, Lack of Predicate/ Foundation, Best Evidence Medical records, medical reports, medical Objections reserved: films and medical bills of the Plaintiff. Relevancy, Hearsay, Materiality, Lack of Predicate/ Foundation, Best Evidence Hospital records of the Plaintiff. Objections reserved: Relevancy, Hearsay, Materiality, Lack of Predicate/ Foundation, Best Evidence Taf Applications for employment, Objections reserved: employment records, payroll records and Relevancy, Hearsay, personnel records of the Plaintiff, Materiality, Lack of including, but not limited to: Predicate/ Foundation, a. Aviation Personnel Best Evidence b. HQ Aero Management, Inc. c. Island Air Charters d. Sky Aerospace Engineering, Inc. e. Xtreme A vi at ion f. Constant Aviation Income records of the Plaintiff: including, Objections reserved: but not limited to, tax returns, schedules, Relevancy, Hearsay, forms, statements, records, reports, and Materiality, Lack of charts of the Plaintiff Predicate/ Foundation, Best Evidence Police reports, including, but not limited Objections reserved: to, the accident report, traffic citations, Relevancy, Hearsay, and notes of the investigating officer Materiality, Lack of Predicate/ Foundation, Best Evidence 10 Estate planning, mortgage, banking and Objections reserved: other financial records of the Plaintiff Relevancy, Hearsay, Materiality, Lack of Predicate/ Foundation, Best Evidence 11 Photographs, enlargements, models, Objections reserved: charts, graphs, drawings, and any other Relevancy, Hearsay, exhibits needed to depict the area of injury Materiality, Lack of alleged by Plaintiff, including, but not Predicate/ Foundation, limited to, any photographs of the Plaintiff Best Evidence before the alleged injury. 12 Answers to Interrogatories, Response(s) Objections reserved: to Request( s) for Production and Relevancy, Hearsay, Response(s) to Request(s) for Admissions Materiality, Lack of Predicate/ Foundation, Best Evidence 13 Mortality tables. Objections reserved: Relevancy, Hearsay, Materiality, Lack of Predicate/ Foundation, Best Evidence 14 Exhibits listed by the Plaintiff on their Objections reserved: Pre-Trial Exhibit List, while reserving any Relevancy, Hearsay, and all objections thereto Materiality, Lack of Predicate/ Foundation, Best Evidence 15 Depositions that have been or will be Objections reserved: taken in this action, and attachments Relevancy, Hearsay, thereto Materiality, Lack of Predicate/ Foundation, Best Evidence 16 a-e IME reports, diagnostic studies and in-take Objections reserved: paperwork of: Relevancy, Hearsay, a. Dr. David Bush Materiality, Lack of b. Dr. Richard Kishner Predicate/ Foundation, c. Dr. Alan Routman Best Evidence d. Dr. Michael Shahnasarian c. Stuart Angelo 17 Demonstrative evidence necessary to any Objections reserved: expert witness opinion Relevancy, Hearsay, Materiality, Lack of Predicate/ Foundation, Best Evidence 18 AMA Guidelines Objections reserved: Relevancy, Hearsay, Materiality, Lack of Predicate/ Foundation, Best Evidence 19 Defendant reserves the right to use Objections reserved: exemplars, charts, graphs, photographs Relevancy, Hearsay, and diagrams at trial Materiality, Lack of Predicate/ Foundation, Best Evidence 20 Correspondence to, or from, Plaintiff's Objections reserved: counsel. Relevancy, Hearsay, Materiality, Lack of Predicate/ Foundation, Best Evidence 21 Fire Rescue/ Ambulance records of City of Objections reserved: Plantation EMS Relevancy, Hearsay, Materiality, Lack of Predicate/ Foundation, Best Evidence 22 Records from Social Security Objections reserved: Administration Relevancy, Hearsay, Materiality, Lack of Predicate/ Foundation, Best Evidence 23 Records from Facebook, Twitter, Objections reserved: Instagram and other social media of the Relevancy, Hearsay, Plaintiff Materiality, Lack of Predicate/ Foundation, Best Evidence 24 Pleadings, transcripts, depositions, Objections reserved: videotapes, Interrogatory Answers, Relevancy, Hearsay, Complaints, testimony, statements, Materiality, Lack of correspondence, Releases, settlement Predicate/ Foundation, agreements, and verdicts in Plaintiff's Best Evidence lawsuit/claim 25 a- Medical records, films, reports, diagnostic Objections reserved: studies, bills, AOB's, Direction(s) to Pay, Relevancy, Hearsay, transcripts of testimony, liens and Materiality, Lack of correspondence to, or of: Predicate/ Foundation, a. Medicaid RS Recovery Services Best Evidence b. Social Security Administration c. CCF Itemization d. Dr. David Ross and/or Comprehensive Neurobehavioral Institute c. Grassy Waters Inpatient Services f. Dr. Mare Sharfman/Headaches & Neurology Treatment Institute g. John R. Hartman, MD & Associates h. Dr. Lisa Wood 1. Marshland Emergency Physicians J. Dr. Cherie Surloff, Ph.D., Psy. D. k. SimonMcd Imaging 1. Cleveland Clinic Weston m. Westside Regional Medical Center n. Dr. Nicholas Suite 26 Belanger, H.G., Curtiss, G., Demery, J.A., Objections reserved: Lebowitz, B.K. & Vanderploeg, R.D. Relevancy, Hearsay, 2005 "Factors Moderating Materiality, Lack of Neuropsychological Outcomes Following Predicate/ Foundation, Mild Traumatic Brain Injury: A Meta Best Evidence Analysis", Journal of the International Neuropsychological Society, 11,215-227. 27 Belanger, H.G. & Vanderploeg, R.D., Objections reserved: 2005 "The Neuropsychological Impact of Relevancy, Hearsay, Sports-Related Concussion: A Meta- Materiality, Lack of Analysis", Journal of the International Predicate/ Foundation, Neuropsychological Society, 11, 345-357. Best Evidence 28 Binder, L.M., Rohling, M.L, & Larrabee, Objections reserved: G.J, 1997 "A review of Head Trauma: Relevancy, Hearsay, Part I. Meta-Analytic Review of Materiality, Lack of Neuropsychological Studies", Journal of Predicate/ Foundation, Clinical and Experimental Best Evidence Neuropsychology, 19,421-431. 29 Frenchman, K.A.R., Fox, A.M. & Objections reserved: Mayberry, M.T., 2005 Relevancy, Hearsay, "Neuropsychological Studies of Mild Materiality, Lack of Traumatic Brain Injury: A Meta-Analytic Predicate/ Foundation, Review of Research Since 1995", Journal Best Evidence of Clinical and Experimental Neuropsychology, 27, 334-351. 30 Rohling, M.L., Binder, L.M., Demakis, Objections reserved: G.J., Larrabee, G.J., Ploetz, D.M., & Relevancy, Hearsay, Langhinrichsen-Rohling, J.,20 11 "A Materiality, Lack of Meta-Analysis of Neuropsychological Predicate/ Foundation, Outcome After Mild Traumatic Brain Best Evidence Injury: Re-Analysis and Reconsideration of Binder et al (1997), Frenchman, et al (2005), and Per tab, et al (2009)", The Clinical Neuropsychologist, 25, 608-623 31 Schretlen, D.J. & Shapiro, AM., 2003 "4 Objections reserved: Quantitative Review of the Effects of Relevancy, Hearsay, Traumatic Brain Injury on Cognitive Materiality, Lack of Functioning", International Review of Predicate/ Foundation, Psychiatry, 15, 341-349, Best Evidence 32 Carroll, L.J., Cassidy, J.D., Peloso, P.M., Objections reserved: Borg, J., von Holst II., Holm, L., Paniak, Relevancy, Hearsay, C. & Pepin, M., 2004 "Prognosis for Mild Materiality, Lack of Traumatic Brain Injury: Results of the Predicate/ Foundation, WHO Collaborating Centre Task Force on Best Evidence Mi