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Filing # 85465635 E-Filed 02/25/2019 04:51:07 PM
IN THE CIRCUIT COURT OF THE TENTH JUDICIAL CIRCUIT
IN AND FOR POLK COUNTY, FLORIDA
GLORIA J. ROBINSON,
Plaintiff,
vs. CASE NO.: 2018-CA-5166
SECTION: 08
HARBOR FREIGHT TOOLS USA, INC.
AND TOM RATHBUN,
Defendants.
/
PLAINTIFF, GLORIA J. ROBINSON’S, RESPONSE TO DEFENDANT HARBOR
FREIGHT TOOLS USA, INC’S FIRST REQUEST FOR PRODUCTION
Plaintiff, GLORIA J. ROBINSON, by and through the undersigned counsel, and pursuant
to Rule 1.350, Florida Rules of Civil Procedure, hereby responds to Defendant, HARBOR
FREIGHT TOOLS USA, INC’S Request for Production dated February 1, 2019, as follows:
1. Copies of Plaintiff GLORIA J. ROBINSON’S Federal Income Tax Returns, I.R.S. 1040
Forms and W-2 Withholding Tax Statements, financial statements for the tax years 2011
through 2018, and evidence of 2019 income through to the date of production. If Plaintiff
has not yet filed her 2018 tax return, please provide evidence of income for 2018.
RESPONSE: Objection, Plaintiff is not claiming wage loss.
2. If Plaintiff GLORIA J. ROBINSON is not a U. S. citizen, please produce copies of any
and all documents establishing or verifying her identity and employment eligibility,
including but not limited to U. S. Passport (unexpired or expired), Certificate of U.S.
Citizenship (INS Form N-560 or N-561), Certificate of Naturalization, unexpired foreign
Passport, with I-551 stamp or attached INS Form 1-94 indicating unexpired employment
authorization, Alien Registration Receipt Card with photograph (INS Form 1-151 or 1-
551), unexpired Employment Authorization Card (INS Form I-668A), Driver License or
ID Card issued by a state, Voter’s Registration Card, U.S. Military Card or draft records,
Native American tribal documents, U. S. Social Security Card issued by the Social
Security Administration (other than a card stating it not valid for employment), ID Card
for use of Resident Citizens in the United States (INS Form I- 179), or any other similar
document verifying her identity and eligibility for employment in the United States.
RESPONSE: Objection, Plaintiff is not claiming wage loss.
2018CA-005166-0000-00 Received in Polk 02/25/2019 05:31 PM3. Any and all hospital, physician, clinic, prescription, therapy, or other medical related
bills, as well as explanation of benefits statements, paid or owing, resulting from the
subject incident, relative to Plaintiff GLORIA J. ROBINSON.
RESPONSE: Copies of medical records will be provided via U.S. Mail on CD.
4. Any and all hospital, physician, chiropractic, clinic, emergency room or other health care
provider records, x-rays, tomography studies, medical reports, and doctors' reports,
related to or connected with any medical care or treatment rendered to Plaintiff GLORIA
J. ROBINSON related to the subject incident.
RESPONSE: Copies of any and all documents will be provided via U.S. Mail on CD.
5. Any and all of Plaintiff GLORIA J. ROBINSON’S hospital, physician, clinic,
prescription, therapy, or other medical related bills, paid or owing, for the past ten (10)
years.
RESPONSE: Please see answer to # 4; otherwise none in the Plaintiff’s possession, custody
or control.
6. Any and all of Plaintiff GLORIA J. ROBINSON’S hospital, outpatient, prescription, or
other medical bills, paid or owing, for the past ten (10) years resulting specifically from
any surgeries.
RESPONSE: Please see answer to # 3; otherwise none in the Plaintiff’s possession, custody
or control.
7. Any and all hospital, physician, chiropractic, clinic, emergency room records, x- rays,
tomography studies, medical reports, and doctors' reports, related to or connected with
the medical care and treatment rendered to Plaintiff GLORIA J. ROBINSON during the
past ten (10) years.
RESPONSE: Please see answer to # 4; otherwise none in the Plaintiffs possession, custody
or control.
8. Any and all hospital, clinic, emergency room records, x-rays, tomography studies,
medical reports, and doctors' reports, related to or connected with the medical care and
treatment rendered to Plaintiff GLORIA J. ROBINSON from any surgeries in her
lifetime.
RESPONSE: Objection, overly broad and unduly burdensome. Without waiving said
objection see answer to #4, otherwise none in the Plaintiff’s possession, custody or control.
9. Any and all hospital, physician, chiropractic, clinic, emergency room or other health care
provider records, x-rays, tomography studies, operative reports, medical reports, and
2018CA-005166-0000-00 Received in Polk 02/25/2019 05:31 PMdoctors’ reports, specifically related to any pre-existing condition that Plaintiff GLORIA
J. ROBINSON suffered prior to the subject incident that are alleged in the Complaint to
have been aggravated as a result of the subject incident.
RESPONSE: None in the Plaintiff’s possession, custody or control.
10. Any and all hospital, physician, chiropractic, clinic, emergency room or other health care
provider records, x-rays, tomography studies, operative reports, medical reports, and
doctors’ reports, specifically related to the significant and permanent loss of an important
bodily function that Plaintiff GLORIA J. ROBINSON alleges in the Complaint to have
suffered as a result of the subject incident.
RESPONSE: Copies of medical records will be provided via U.S. Mail on CD.
11, Any and all hospital, physician, chiropractic, clinic, emergency room or other health care
provider records, x-rays, tomography studies, operative reports, medical reports, and
doctors' reports, specifically related to the significant and permanent scarring or
disfigurement that Plaintiff GLORIA J. ROBINSON alleges in the Complaint to have
suffered as a result of the subject incident.
RESPONSE: See answer to #10.
12. Any and all pharmacy records directly resulting from the subject incident for Plaintiff
GLORIA J. ROBINSON.
RESPONSE: None in the plaintiff’s possession, custody or control.
13. Any and all pharmacy records in your possession for prescriptions filled over the past ten
(10) years for Plaintiff GLORIA J. ROBINSON.
RESPONSE: None in the Plaintiffs possession, custody or control.
14, Reprint (not a copy) of all x-rays, MRIs, CT Scan, or any other diagnostic procedures or
tests depicting Plaintiff GLORIA J. ROBINSON’S alleged injuries relating to the subject
incident.
RESPONSE: None in the Plaintiff's possession, custody or control.
15. Medical reports, opinions, or other written memoranda from doctors, nurses, other
medical practitioners, or expert witnesses containing information concerning the injuries
and/or damages allegedly sustained by Plaintiff GLORIA J. ROBINSON as a result of
the subject incident.
RESPONSE: Copies of medical records will be provided via U.S. Mail on CD.
16. Any and all medical records, reports, and medical bills generated as a result of any EMS,
2018CA-005166-0000-00 Received in Polk 02/25/2019 05:31 PMambulance service, fire/rescue, or hospital transportation service, with regard to
transportation of Plaintiff GLORIA J. ROBINSON to a hospital on the date of the subject
incident, as a direct result of the subject incident.
RESPONSE: None in the Plaintiff’s possession, custody or control.
17. Any and all medical records, reports, and medical bills generated as a result of any EMS,
ambulance service, fire/rescue, or hospital transportation service, with regard to
transportation of Plaintiff GLORIA J. ROBINSON to a hospital on any date after the date
of the subject incident, for which transportation was a direct result of the subject incident.
RESPONSE: None in the Plaintiffs possession, custody or control.
18. Any and all police reports, and police investigation records and files of any type
regarding the subject incident from any police agency.
RESPONSE: None in the Plaintiff’s possession, custody or control.
19. Any and all written or recorded statements taken from any person who has any
knowledge concerning the subject incident, or notes taken from interviews of any
witnesses to the claims regarding the subject incident.
RESPONSE: None in the Plaintiffs possession, custody or control.
20. Any and all written or recorded statements taken of Defendant HFT’s agents, servants
and employees, related to or connected with the subject incident.
RESPONSE: None in the Plaintiff’s possession, custody or control.
21. Any and all uncropped photographs, full-frame photographs, video, graphs, charts,
drawings, and other documentary evidence of the alleged incident and/or scene of the
incident described in Plaintiffs Complaint.
RESPONSE: None in the Plaintiff's possession, custody or control.
22. Any and all uncropped, full-frame photographs, films, slides, videotapes and or other
documentary evidence of Plaintiff GLORIA J. ROBINSON’S alleged injuries as
described in Plaintiffs Amended Complaint.
RESPONSE: None in the Plaintiff’s possession, custody or control.
23. Any and all photographs and/or unedited videos of Plaintiff GLORIA J. ROBINSON in
her injured condition.
RESPONSE: None in the Plaintiffs possession, custody or control.
2018CA-005166-0000-00 Received in Polk 02/25/2019 05:31 PM24. Any and all photographs and/or unedited videos of Plaintiff GLORIA J. ROBINSON
taken at any time within one year prior to the subject accident, depicting Plaintiff
GLORIA J. ROBINSON in an uninjured condition.
RESPONSE: Objection, overly broad and unduly burdensome; Without waiving
objection; None in Plaintiff’s possession, custody or control.
25. Any and all uncropped, full-frame photographs, slides, recorded video, DVDs, negatives
and motion pictures of any type which Plaintiff intends to introduce at trial, if such
determination has been made.
RESPONSE: Plaintiff has made no determination concerning documents,
papers or evidence she intends to use for trial in this matter. Such
documentation will be submitted prior to trial at the time for
exchange of exhibits as set forth in the eventual Pre-Trial Order.
26. Any and all releases, settlement agreements, Mary Carter Agreements, correspondence
and memos pertaining to same (whether pending or completed) between the Plaintiff and
any other parties or their insurers.
RESPONSE: None.
27. A written summary of any and all oral Mary Carter Agreements between the Plaintiff and
any other parties or their insurers, as well as any and all oral covenants or agreements of
any sort whatsoever related to or connected with the subject incident.
RESPONSE: None.
28. Copy of Plaintiff GLORIA J. ROBINSON’S Social Security card.
RESPONSE: Plaintiff will provide her SSN at deposition.
29. Copy of Plaintiff GLORIA J. ROBINSON’S most recent Social Security Statement.
RESPONSE: Copies of documents will be provided in U.S. Mail on CD.
30. Copy of Plaintiff GLORIA J. ROBINSON’S Application(s) for Social Security
Disability, if applicable, and response(s) thereto.
RESPONSE: None in the Plaintiff's possession, custody or control.
31. Copy of any and all documents evidencing payments to Plaintiff GLORIA J.
ROBINSON from the Social Security Administration as a result of any application(s) for
Social Security Disability.
RESPONSE: Copies of documents will be provided in U.S. Mail on CD.
2018CA-005166-0000-00 Received in Polk 02/25/2019 05:31 PM32. Copy of any and all documents evidencing payments to Plaintiff GLORIA J.
ROBINSON from the Social Security Administration reflecting payments of Social
Security benefits.
RESPONSE: Copies of documents will be provided in U.S. Mail on CD.
33. Copy of Plaintiff GLORIA J. ROBINSON’S Birth Certificate.
RESPONSE: Copies of documents will be provided in U.S. Mail on CD.
34. Copy of Plaintiff GLORIA J. ROBINSON’S Driver's License.
RESPONSE: Copy of the Plaintiff’s Identification will be provided via U.S. Mail on CD.
35. Any and all degrees, diplomas or certificates of Plaintiff GLORIA J. ROBINSON’S
educational achievement or competency.
RESPONSE: None.
36. Any and all educational records of Plaintiff GLORIA J. ROBINSON with regard to
current or former educational pursuits.
RESPONSE: None in the Plaintiff’s possession, custody or control.
37. Any and all investigation reports or analyses made by any governmental or police agency
or department concerning the subject incident.
RESPONSE: None.
38. Any report or analysis prepared by any expert witness or treating physician expected to
testify at trial. See Mims v. Casademont. 464 So. 2d 643 (Fla. 3d DCA 1985).
RESPONSE: Plaintiff has made no determination concerning documents,
papers or evidence she intends to use for trial in this matter. Such
documentation will be submitted prior to trial at the time for
exchange of exhibits as set forth in the eventual Pre-Trial Order.
39. The Plaintiffs notification to collateral source providers, as required by Florida Statute
§768.76(7).
RESPONSE: Copies of letters will be provided via U.S. Mail on CD.
40. All contracts, identification cards, applications and statements for each and every
insurance company, HMO, PPO, or private or governmental entity, including Medicaid
and Medicare, which has provided services, payment or reimbursement for any medical
2018CA-005166-0000-00 Received in Polk 02/25/2019 05:31 PMor health related services Plaintiff GLORIA J. ROBINSON has received for the past ten
(10) years,
RESPONSE: Objection, overly broad and unduly burdensome; without waiving objection
copies of Plaintiff's insurance card(s) in her possession will be provided via U.S. Mail on
cD.
41. Any and all statements, explanation of benefits, notices, letters, notes, memoranda or
other documents, however titled and in whatever form, detailing, listing, explaining or
itemizing all payments made by any third party for the damages and medical, hospital or
other health care services provided to Plaintiff GLORIA J. ROBINSON as a result of the
alleged incident. (For purposes of this request for production, "any third party" includes
but is not limited to any federal, state, local or other public program providing medical
expenses payments; any health, accident or sickness insurance providing insurance
benefits or medical expenses payments; any contract or agreement of any group,
organization, partnership or corporation to provide, pay for or reimburse the costs of your
hospital, medical or other health care services; Medicare; Medicaid, and Workers’
Compensation Law).
RESPONSE: Copies of documents in the Plaintiffs possession will be provided via U.S.
Mail on CD.
42. Any and all statements, explanation, notices, letter, notes, memoranda or other
documents, however titled and in whatever form, detailing, listing, explaining and
itemizing any third party's claims of right of subrogation or reimbursement for any
amounts paid or payable and the amount of each third party's claim.
RESPONSE: Copies of documents in the Plaintiff’s possession will be provided via U.S.
Mail on CD.
43, Any and all documents evidencing prior or current lawsuits of any kind, wherein Plaintiff
GLORIA J. ROBINSON is/was a Plaintiff or Defendant, Claimant or Respondent,
including small claims matters, and excluding the current matter. This request is for any
lawsuit during Plaintiff GLORIA J. ROBINSON’S lifetime, and requests any and all
documents from any court. If you are not in possession of the documents, please identify
state and court filed, opposing party, and any other identifiable information so as to allow
this Defendant to obtain records.
RESPONSE: Objection, overly broad and unduly burdensome. Without waiving
objection. No documents in the Plaintiff’s possession, custody or control;
Current case in Polk County, FL. Case # 2007CC0048900000LK.
44, Any and all records evidencing Plaintiff GLORIA J. ROBINSON’S employment for the
ten (10) years prior to the subject accident, and the year and months since the subject
accident, including evidence of prior and current income.
2018CA-005166-0000-00 Received in Polk 02/25/2019 05:31 PMRESPONSE: Objection, Plaintiff is not secking wage loss.
Any and all records evidencing Plaintiff GLORIA J. ROBINSON’S additional income from any
source received on a regular basis for the ten (10) years prior to the subject accident, and the year
and months since the subject accident, including evidence of prior and current income.
RESPONSE: Objection, Plaintiff is not seeking wage loss.
45. Please produce any and all cellular telephone records for any cellular telephone in
Plaintiffs possession on the date and time of the subject incident evidencing voice calls,
text messaging, data usage and transfer of any type.
RESPONSE: Objection, overly broad and unduly burdensome.
46. Please produce the shoes and clothing that Plaintiff GLORIA J. ROBINSON was
wearing at the time of the alleged fall.
RESPONSE: Objection, overly broad and unduly burdensome. Without waiving
objection; This request is burdensome in time and money it would take to
ship the shoes. Defendant can inspect the shoes at Plaintiffs deposition or
pursuant to a Request for inspection. Plaintiff does not recall what clothing
she was wearing at the time of the incident.
47. Please produce any items that Plaintiff GLORIA J. ROBINSON was carrying or had on
her person at the time of the alleged fall.
RESPONSE: Objection, overly broad and unduly burdensome. Without waiving
objection; Plaintiff was carrying her wallet, phone and keys at the time of the
incident. Plaintiff will allow inspection of the above-mentioned items at her
deposition or pursuant to a Request for Inspection.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished
by Electronic Mail and/or U.S. mail on this _25th__ day of February > 2019, to the
following designated service email address(es) and/or mailing address(es):
Brian Equi Esq.
Goldberg Segalla
One Orlando Centre
800 North Magnolia Avenue, Suite 1201
Orlando, FL 32803
Ph. (407) 458-5600
2018CA-005166-0000-00 Received in Polk 02/25/2019 05:31 PMFax (407) 458-5699
By:
jan Griffin, Esq.
Florida Bar No. 124376
211 South Florida Avenue
Lakeland, FL 3380)
Ph: (863) 688-8288
Fans (863) 688-1978
UAINTIFF
2018CA-005166-0000-00 Received in Polk 02/25/2019 05:31 PM
Preview
Filing # 85465635 E-Filed 02/25/2019 04:51:07 PM IN THE CIRCUIT COURT OF THE TENTH JUDICIAL CIRCUIT IN AND FOR POLK COUNTY, FLORIDA GLORIA J. ROBINSON, Plaintiff, vs. CASE NO.: 2018-CA-5166 SECTION: 08 HARBOR FREIGHT TOOLS USA, INC. AND TOM RATHBUN, Defendants. / PLAINTIFF, GLORIA J. ROBINSON’S, RESPONSE TO DEFENDANT HARBOR FREIGHT TOOLS USA, INC’S FIRST REQUEST FOR PRODUCTION Plaintiff, GLORIA J. ROBINSON, by and through the undersigned counsel, and pursuant to Rule 1.350, Florida Rules of Civil Procedure, hereby responds to Defendant, HARBOR FREIGHT TOOLS USA, INC’S Request for Production dated February 1, 2019, as follows: 1. Copies of Plaintiff GLORIA J. ROBINSON’S Federal Income Tax Returns, I.R.S. 1040 Forms and W-2 Withholding Tax Statements, financial statements for the tax years 2011 through 2018, and evidence of 2019 income through to the date of production. If Plaintiff has not yet filed her 2018 tax return, please provide evidence of income for 2018. RESPONSE: Objection, Plaintiff is not claiming wage loss. 2. If Plaintiff GLORIA J. ROBINSON is not a U. S. citizen, please produce copies of any and all documents establishing or verifying her identity and employment eligibility, including but not limited to U. S. Passport (unexpired or expired), Certificate of U.S. Citizenship (INS Form N-560 or N-561), Certificate of Naturalization, unexpired foreign Passport, with I-551 stamp or attached INS Form 1-94 indicating unexpired employment authorization, Alien Registration Receipt Card with photograph (INS Form 1-151 or 1- 551), unexpired Employment Authorization Card (INS Form I-668A), Driver License or ID Card issued by a state, Voter’s Registration Card, U.S. Military Card or draft records, Native American tribal documents, U. S. Social Security Card issued by the Social Security Administration (other than a card stating it not valid for employment), ID Card for use of Resident Citizens in the United States (INS Form I- 179), or any other similar document verifying her identity and eligibility for employment in the United States. RESPONSE: Objection, Plaintiff is not claiming wage loss. 2018CA-005166-0000-00 Received in Polk 02/25/2019 05:31 PM3. Any and all hospital, physician, clinic, prescription, therapy, or other medical related bills, as well as explanation of benefits statements, paid or owing, resulting from the subject incident, relative to Plaintiff GLORIA J. ROBINSON. RESPONSE: Copies of medical records will be provided via U.S. Mail on CD. 4. Any and all hospital, physician, chiropractic, clinic, emergency room or other health care provider records, x-rays, tomography studies, medical reports, and doctors' reports, related to or connected with any medical care or treatment rendered to Plaintiff GLORIA J. ROBINSON related to the subject incident. RESPONSE: Copies of any and all documents will be provided via U.S. Mail on CD. 5. Any and all of Plaintiff GLORIA J. ROBINSON’S hospital, physician, clinic, prescription, therapy, or other medical related bills, paid or owing, for the past ten (10) years. RESPONSE: Please see answer to # 4; otherwise none in the Plaintiff’s possession, custody or control. 6. Any and all of Plaintiff GLORIA J. ROBINSON’S hospital, outpatient, prescription, or other medical bills, paid or owing, for the past ten (10) years resulting specifically from any surgeries. RESPONSE: Please see answer to # 3; otherwise none in the Plaintiff’s possession, custody or control. 7. Any and all hospital, physician, chiropractic, clinic, emergency room records, x- rays, tomography studies, medical reports, and doctors' reports, related to or connected with the medical care and treatment rendered to Plaintiff GLORIA J. ROBINSON during the past ten (10) years. RESPONSE: Please see answer to # 4; otherwise none in the Plaintiffs possession, custody or control. 8. Any and all hospital, clinic, emergency room records, x-rays, tomography studies, medical reports, and doctors' reports, related to or connected with the medical care and treatment rendered to Plaintiff GLORIA J. ROBINSON from any surgeries in her lifetime. RESPONSE: Objection, overly broad and unduly burdensome. Without waiving said objection see answer to #4, otherwise none in the Plaintiff’s possession, custody or control. 9. Any and all hospital, physician, chiropractic, clinic, emergency room or other health care provider records, x-rays, tomography studies, operative reports, medical reports, and 2018CA-005166-0000-00 Received in Polk 02/25/2019 05:31 PMdoctors’ reports, specifically related to any pre-existing condition that Plaintiff GLORIA J. ROBINSON suffered prior to the subject incident that are alleged in the Complaint to have been aggravated as a result of the subject incident. RESPONSE: None in the Plaintiff’s possession, custody or control. 10. Any and all hospital, physician, chiropractic, clinic, emergency room or other health care provider records, x-rays, tomography studies, operative reports, medical reports, and doctors’ reports, specifically related to the significant and permanent loss of an important bodily function that Plaintiff GLORIA J. ROBINSON alleges in the Complaint to have suffered as a result of the subject incident. RESPONSE: Copies of medical records will be provided via U.S. Mail on CD. 11, Any and all hospital, physician, chiropractic, clinic, emergency room or other health care provider records, x-rays, tomography studies, operative reports, medical reports, and doctors' reports, specifically related to the significant and permanent scarring or disfigurement that Plaintiff GLORIA J. ROBINSON alleges in the Complaint to have suffered as a result of the subject incident. RESPONSE: See answer to #10. 12. Any and all pharmacy records directly resulting from the subject incident for Plaintiff GLORIA J. ROBINSON. RESPONSE: None in the plaintiff’s possession, custody or control. 13. Any and all pharmacy records in your possession for prescriptions filled over the past ten (10) years for Plaintiff GLORIA J. ROBINSON. RESPONSE: None in the Plaintiffs possession, custody or control. 14, Reprint (not a copy) of all x-rays, MRIs, CT Scan, or any other diagnostic procedures or tests depicting Plaintiff GLORIA J. ROBINSON’S alleged injuries relating to the subject incident. RESPONSE: None in the Plaintiff's possession, custody or control. 15. Medical reports, opinions, or other written memoranda from doctors, nurses, other medical practitioners, or expert witnesses containing information concerning the injuries and/or damages allegedly sustained by Plaintiff GLORIA J. ROBINSON as a result of the subject incident. RESPONSE: Copies of medical records will be provided via U.S. Mail on CD. 16. Any and all medical records, reports, and medical bills generated as a result of any EMS, 2018CA-005166-0000-00 Received in Polk 02/25/2019 05:31 PMambulance service, fire/rescue, or hospital transportation service, with regard to transportation of Plaintiff GLORIA J. ROBINSON to a hospital on the date of the subject incident, as a direct result of the subject incident. RESPONSE: None in the Plaintiff’s possession, custody or control. 17. Any and all medical records, reports, and medical bills generated as a result of any EMS, ambulance service, fire/rescue, or hospital transportation service, with regard to transportation of Plaintiff GLORIA J. ROBINSON to a hospital on any date after the date of the subject incident, for which transportation was a direct result of the subject incident. RESPONSE: None in the Plaintiffs possession, custody or control. 18. Any and all police reports, and police investigation records and files of any type regarding the subject incident from any police agency. RESPONSE: None in the Plaintiff’s possession, custody or control. 19. Any and all written or recorded statements taken from any person who has any knowledge concerning the subject incident, or notes taken from interviews of any witnesses to the claims regarding the subject incident. RESPONSE: None in the Plaintiffs possession, custody or control. 20. Any and all written or recorded statements taken of Defendant HFT’s agents, servants and employees, related to or connected with the subject incident. RESPONSE: None in the Plaintiff’s possession, custody or control. 21. Any and all uncropped photographs, full-frame photographs, video, graphs, charts, drawings, and other documentary evidence of the alleged incident and/or scene of the incident described in Plaintiffs Complaint. RESPONSE: None in the Plaintiff's possession, custody or control. 22. Any and all uncropped, full-frame photographs, films, slides, videotapes and or other documentary evidence of Plaintiff GLORIA J. ROBINSON’S alleged injuries as described in Plaintiffs Amended Complaint. RESPONSE: None in the Plaintiff’s possession, custody or control. 23. Any and all photographs and/or unedited videos of Plaintiff GLORIA J. ROBINSON in her injured condition. RESPONSE: None in the Plaintiffs possession, custody or control. 2018CA-005166-0000-00 Received in Polk 02/25/2019 05:31 PM24. Any and all photographs and/or unedited videos of Plaintiff GLORIA J. ROBINSON taken at any time within one year prior to the subject accident, depicting Plaintiff GLORIA J. ROBINSON in an uninjured condition. RESPONSE: Objection, overly broad and unduly burdensome; Without waiving objection; None in Plaintiff’s possession, custody or control. 25. Any and all uncropped, full-frame photographs, slides, recorded video, DVDs, negatives and motion pictures of any type which Plaintiff intends to introduce at trial, if such determination has been made. RESPONSE: Plaintiff has made no determination concerning documents, papers or evidence she intends to use for trial in this matter. Such documentation will be submitted prior to trial at the time for exchange of exhibits as set forth in the eventual Pre-Trial Order. 26. Any and all releases, settlement agreements, Mary Carter Agreements, correspondence and memos pertaining to same (whether pending or completed) between the Plaintiff and any other parties or their insurers. RESPONSE: None. 27. A written summary of any and all oral Mary Carter Agreements between the Plaintiff and any other parties or their insurers, as well as any and all oral covenants or agreements of any sort whatsoever related to or connected with the subject incident. RESPONSE: None. 28. Copy of Plaintiff GLORIA J. ROBINSON’S Social Security card. RESPONSE: Plaintiff will provide her SSN at deposition. 29. Copy of Plaintiff GLORIA J. ROBINSON’S most recent Social Security Statement. RESPONSE: Copies of documents will be provided in U.S. Mail on CD. 30. Copy of Plaintiff GLORIA J. ROBINSON’S Application(s) for Social Security Disability, if applicable, and response(s) thereto. RESPONSE: None in the Plaintiff's possession, custody or control. 31. Copy of any and all documents evidencing payments to Plaintiff GLORIA J. ROBINSON from the Social Security Administration as a result of any application(s) for Social Security Disability. RESPONSE: Copies of documents will be provided in U.S. Mail on CD. 2018CA-005166-0000-00 Received in Polk 02/25/2019 05:31 PM32. Copy of any and all documents evidencing payments to Plaintiff GLORIA J. ROBINSON from the Social Security Administration reflecting payments of Social Security benefits. RESPONSE: Copies of documents will be provided in U.S. Mail on CD. 33. Copy of Plaintiff GLORIA J. ROBINSON’S Birth Certificate. RESPONSE: Copies of documents will be provided in U.S. Mail on CD. 34. Copy of Plaintiff GLORIA J. ROBINSON’S Driver's License. RESPONSE: Copy of the Plaintiff’s Identification will be provided via U.S. Mail on CD. 35. Any and all degrees, diplomas or certificates of Plaintiff GLORIA J. ROBINSON’S educational achievement or competency. RESPONSE: None. 36. Any and all educational records of Plaintiff GLORIA J. ROBINSON with regard to current or former educational pursuits. RESPONSE: None in the Plaintiff’s possession, custody or control. 37. Any and all investigation reports or analyses made by any governmental or police agency or department concerning the subject incident. RESPONSE: None. 38. Any report or analysis prepared by any expert witness or treating physician expected to testify at trial. See Mims v. Casademont. 464 So. 2d 643 (Fla. 3d DCA 1985). RESPONSE: Plaintiff has made no determination concerning documents, papers or evidence she intends to use for trial in this matter. Such documentation will be submitted prior to trial at the time for exchange of exhibits as set forth in the eventual Pre-Trial Order. 39. The Plaintiffs notification to collateral source providers, as required by Florida Statute §768.76(7). RESPONSE: Copies of letters will be provided via U.S. Mail on CD. 40. All contracts, identification cards, applications and statements for each and every insurance company, HMO, PPO, or private or governmental entity, including Medicaid and Medicare, which has provided services, payment or reimbursement for any medical 2018CA-005166-0000-00 Received in Polk 02/25/2019 05:31 PMor health related services Plaintiff GLORIA J. ROBINSON has received for the past ten (10) years, RESPONSE: Objection, overly broad and unduly burdensome; without waiving objection copies of Plaintiff's insurance card(s) in her possession will be provided via U.S. Mail on cD. 41. Any and all statements, explanation of benefits, notices, letters, notes, memoranda or other documents, however titled and in whatever form, detailing, listing, explaining or itemizing all payments made by any third party for the damages and medical, hospital or other health care services provided to Plaintiff GLORIA J. ROBINSON as a result of the alleged incident. (For purposes of this request for production, "any third party" includes but is not limited to any federal, state, local or other public program providing medical expenses payments; any health, accident or sickness insurance providing insurance benefits or medical expenses payments; any contract or agreement of any group, organization, partnership or corporation to provide, pay for or reimburse the costs of your hospital, medical or other health care services; Medicare; Medicaid, and Workers’ Compensation Law). RESPONSE: Copies of documents in the Plaintiffs possession will be provided via U.S. Mail on CD. 42. Any and all statements, explanation, notices, letter, notes, memoranda or other documents, however titled and in whatever form, detailing, listing, explaining and itemizing any third party's claims of right of subrogation or reimbursement for any amounts paid or payable and the amount of each third party's claim. RESPONSE: Copies of documents in the Plaintiff’s possession will be provided via U.S. Mail on CD. 43, Any and all documents evidencing prior or current lawsuits of any kind, wherein Plaintiff GLORIA J. ROBINSON is/was a Plaintiff or Defendant, Claimant or Respondent, including small claims matters, and excluding the current matter. This request is for any lawsuit during Plaintiff GLORIA J. ROBINSON’S lifetime, and requests any and all documents from any court. If you are not in possession of the documents, please identify state and court filed, opposing party, and any other identifiable information so as to allow this Defendant to obtain records. RESPONSE: Objection, overly broad and unduly burdensome. Without waiving objection. No documents in the Plaintiff’s possession, custody or control; Current case in Polk County, FL. Case # 2007CC0048900000LK. 44, Any and all records evidencing Plaintiff GLORIA J. ROBINSON’S employment for the ten (10) years prior to the subject accident, and the year and months since the subject accident, including evidence of prior and current income. 2018CA-005166-0000-00 Received in Polk 02/25/2019 05:31 PMRESPONSE: Objection, Plaintiff is not secking wage loss. Any and all records evidencing Plaintiff GLORIA J. ROBINSON’S additional income from any source received on a regular basis for the ten (10) years prior to the subject accident, and the year and months since the subject accident, including evidence of prior and current income. RESPONSE: Objection, Plaintiff is not seeking wage loss. 45. Please produce any and all cellular telephone records for any cellular telephone in Plaintiffs possession on the date and time of the subject incident evidencing voice calls, text messaging, data usage and transfer of any type. RESPONSE: Objection, overly broad and unduly burdensome. 46. Please produce the shoes and clothing that Plaintiff GLORIA J. ROBINSON was wearing at the time of the alleged fall. RESPONSE: Objection, overly broad and unduly burdensome. Without waiving objection; This request is burdensome in time and money it would take to ship the shoes. Defendant can inspect the shoes at Plaintiffs deposition or pursuant to a Request for inspection. Plaintiff does not recall what clothing she was wearing at the time of the incident. 47. Please produce any items that Plaintiff GLORIA J. ROBINSON was carrying or had on her person at the time of the alleged fall. RESPONSE: Objection, overly broad and unduly burdensome. Without waiving objection; Plaintiff was carrying her wallet, phone and keys at the time of the incident. Plaintiff will allow inspection of the above-mentioned items at her deposition or pursuant to a Request for Inspection. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by Electronic Mail and/or U.S. mail on this _25th__ day of February > 2019, to the following designated service email address(es) and/or mailing address(es): Brian Equi Esq. Goldberg Segalla One Orlando Centre 800 North Magnolia Avenue, Suite 1201 Orlando, FL 32803 Ph. (407) 458-5600 2018CA-005166-0000-00 Received in Polk 02/25/2019 05:31 PMFax (407) 458-5699 By: jan Griffin, Esq. Florida Bar No. 124376 211 South Florida Avenue Lakeland, FL 3380) Ph: (863) 688-8288 Fans (863) 688-1978 UAINTIFF 2018CA-005166-0000-00 Received in Polk 02/25/2019 05:31 PM