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IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT
IN AND FOR HILLSBOROUGH COUNTY, FLORIDA
CIVIL DIVISION
AMY LUTZ, INDIVIDUALLY AND AMY LUTZ, CASE NO.
AS NEXT FRIEND AND PARENT OF R.L., A
MINOR,
PLAINTIFFS,
PETER ARTHUR RADICE AND DYLAN
CONNER RADIC
DEFENDANTS.
NOTICE OF SERVICE OF DEFENDANT
ANSWERS TO BOECHER INTERROGATORIES
Defendants, PETER ARTHUR RADICE DYLAN CONNER RADICE, by and
through the undersigned attorney, pursuant to Florida Rule of Civil Procedure 1.340, gives
notice of service of their Answers to Boecher Interrogatories propounded by Plaintiff, AMY
LUTZ, on October 6, 2016.
I HEREBY CERTIFY that on the day of October
CASE NO. 15-11764
pursuant to Administrative Order No. AOSC13-49, a copy of the foregoing Notice of Service of
Defendants’ Answers to Interrogatories has been electronically filed and served using the Florida
Courts E-Filing Portal; a copy of the foregoing Notice of Service together with the
Defendant's Answers to Interrogatories has been furnished by E-mail to:
Attorney for Plaintiff
J.D. Dowell, Esquire
Pitisci, Dowell, Markowitz & Murphy, PPA
101 S Moody Ave
Tampa FL 33609-3333
dgonzalez@pdmmlaw.com
jdowell@pdmmlaw.com
-228-9233
LAW OFFICES OF JACQUELINE M. BUNTY
101 East Kennedy Boulevard, Suite 2125
Tampa, FL 33602
Telephone: (813) 222
Toll Free: (877) 886 2591 ext 2228043
Attorney Direct:: (813) 222
Fax: (877) 420
By:
NICHOLAS D. ZORN, JR
Fla. Bar No.
Attorney for Defendants
PETER ARTHUR RADICE and
DYLAN CONNER RADICE
PRINCIPAL E MAIL ADDRESS
TAMPALEGAL@ALLSTATE.COM
Personal E mail Address
for Service of Pleadings and Documents):
Nicholas.Zorn@Allstate.com
CASE NO. -11764
DEFENDANTS’ ANSWERS TO BOECHER INTERROGATORIES
PROPOUNDED BY PLAINTIFF OCTOBER 6,
1. What is the name and address of the person answering these Interrogatories and, if applicable,
the person(s) official position or relationship with the party to whom the Interrogatories are
directed.
ANSWER:
Peter Arthur Radice and Dylan Conner Radice- Defendants
12201 Glencliff Circle
Tampa, FL 33626
We were assisted in answering these interrogatories by counsel.
2. For each expert listed in Defendants’ response to Plaintiff’s Expert Interrogatories served by
the Plaintiff on September 27, 2016, please identify each case in which the expert(s) have
testified as an expert in trial or at deposition during the preceding three (3) years for the Law
Offices of Jacqueline M. Bunty.
ANSWER:
There were no Expert Interrogatories served by the Plaintiff on September 27, 2016.
However, with regard to the Expert Interrogatories served by the Plaintiff on September
28, 2016, during the normal course and scope of business at the Law Offices of Jacqueline
M. Bunty, this information is not maintained. However, see attached trial and deposition
lists provided and maintained by Dr. Shim’s office in these Defendants’ possession.
3. For each expert listed in Defendants’ response to Plaintiff’s Expert Interrogatories served by
the Plaintiff on September 27, 2016, please identify each case in which the expert(s) have
testified as an expert in trial or at deposition during the preceding three (3) years for Allstate
Insurance Group of Companies, including, but not limited to Allstate Insurance Company.
ANSWER:
There were no Expert Interrogatories served by the Plaintiff on September 27, 2016.
However; with regard to the Expert Interrogatories served by the Plaintiff on September
, 2016; during the normal course and scope of business by Allstate, this information is
not maintained. However, see attached trial and deposition lists provided and maintained
by Dr. Shim’s office in these Defendants’ possession.
4. For each expert listed in Defendants’ response to Plaintiff’s Expert Interrogatories served by
the Plaintiff on September 27, 2016, please identify the amount of money the expert(s) have been
paid during the preceding three (3) years by or on behalf of Allstate Insurance Group of
Companies, including, but not limited to Allstate Insurance Company.
ANSWER:
There were no Expert Interrogatories served by the Plaintiff on September 27, 2016.
However, with regard to the Expert Interrogatories served by the Plaintiff on September
28, 2016, from 2013-present, approximately $317,627.00 has been paid by Allstate to
CASE NO. -11764
Florida Sports Orthopedic & Spine and not Dr. Shim individually. See attached payout list
in these Defendants’ possession
5. For each expert listed in Defendants’ response to Plaintiff’s Expert Interrogatories served by
the Plaintiff on September 27, 2016, please state the date on which each expert was first
contacted by Defendant’s attorney regarding this case, as well as the date on which each agreed
to serve as an expert for Defendant, Allstate Insurance Company.
ANSWER:
There were no Expert Interrogatories served by the Plaintiff on September 27, 2016.
However, with regard to the Expert Interrogatories served by the Plaintiff on September
Dr. Shim was contacted/hired as an expert on or about September 1, 2016.
6. For each expert listed in Defendants’ response to Plaintiff’s Expert Interrogatories served by
the Plaintiff on September 27, 2016, please state as follows:
a) Please delineate the scope of employment of the expert witnesses in the pending case and the
compensation for the witnesses’ service by either hourly rate or total fees paid to date.
b) State the experts’ general litigation experience including the percentage of work performed for
plaintiffs and defendants.
c) State the identity of other cases in the past three (3) years, which the experts have testified by
deposition or trial and please delineate the date of said deposition or trial and the locale in which
said cases were filed.
d) Please state the approximation of the portion of the experts’ involvement as an expert witness,
which may be based in the number of hours, percentage of hours or percentage of earned income
derived from serving as an expert.
e) State the number of times the experts have been retained by Law Offices of Jacqueline M.
Bunty in the past three years. Identify the date of the exam, the name of the examined party, the
examined party’s attorney, the amount paid to the witness for each exam and/or deposition or
trial.
ANSWER:
There were no Expert Interrogatories served by the Plaintiff on September 27, 2016.
However, with regard to the Expert Interrogatories served by the Plaintiff on September
, 2016:
Dr. Shim was hired to review Plaintiff’s records and films, perform a physical
examination of the Plaintiff and provide a written report regarding his findings. To date,
Dr. Shim has been paid a total of $4,000.00.
b. During the normal course and scope of business this information is not tracked by Dr.
Shim’s office. If they had to guess, it would be approximately 40-45% of his total time is
spent as an expert with 60% for Defendant and 40 % for Plaintiff.
c. During the normal course and scope of business this information is not tracked by Dr.
Shim’s office. See attached trial and deposition lists provided and maintained by Dr.
Shim’s office.
CASE NO. -11764
d. During the normal course and scope of business this information is not tracked by Dr.
Shim’s office. If they had to guess, it would be approximately 40-45% of his total time is
spent as an expert,
e. During the normal course and scope of business at the Law Offices of Jacqueline M.
Bunty, this information is not maintained. However, see attached payout list for Allstate
and not the Law Offices of Jacqueline M. Bunty individually.
7. For each expert listed in Defendants’ response to Plaintiff’s Expert Interrogatories served by
the Plaintiff on September 27, 2016, identify all payments to the experts for medical exams,
reports, depositions, records review, conferences, and trial testimony for the past three calendar
years paid by Law Offices of Jacqueline M. Bunty.
ANSWER:
There were no Expert Interrogatories served by the Plaintiff on September 27, 2016.
However, with regard to the Expert Interrogatories served by the Plaintiff on September
during the normal course and scope of business at the Law Offices of Jacqueline
M. Bunty, this information is not maintained. However, from 2013-present, approximately
$317,627.00 has been paid by Allstate (and not the Law Offices of Jacqueline M. Bunty
individually) to Florida Sports Orthopedic & Spine and not Dr. Shim individually. See
attached payout list in these Defendants’ possession
8. For each expert listed in Defendants’ response to Plaintiff’s Expert Interrogatories served by
the Plaintiff on September 27, 2016, identify all payments to the experts for medical exams,
reports, depositions, records review, conferences, and trial testimony for the past three calendar
years paid by Allstate Insurance Group of Companies, including, but not limited to Allstate
Insurance Company.
ANSWER:
ANSWER:
There were no Expert Interrogatories served by the Plaintiff on September 27, 2016.
However; with regard to the Expert Interrogatories served by the Plaintiff on September
, 2016; from 2013-present, approximately $317,627.00 has been paid by Allstate to
Florida Sports Orthopedic & Spine and not Dr. Shim individually. See attached payout list
these Defendants’ possession
Preview
0338183239.1 OBM Total Page IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT IN AND FOR HILLSBOROUGH COUNTY, FLORIDA CIVIL DIVISION AMY LUTZ, INDIVIDUALLY AND AMY LUTZ, CASE NO. AS NEXT FRIEND AND PARENT OF R.L., A MINOR, PLAINTIFFS, PETER ARTHUR RADICE AND DYLAN CONNER RADIC DEFENDANTS. NOTICE OF SERVICE OF DEFENDANT ANSWERS TO BOECHER INTERROGATORIES Defendants, PETER ARTHUR RADICE DYLAN CONNER RADICE, by and through the undersigned attorney, pursuant to Florida Rule of Civil Procedure 1.340, gives notice of service of their Answers to Boecher Interrogatories propounded by Plaintiff, AMY LUTZ, on October 6, 2016. I HEREBY CERTIFY that on the day of October CASE NO. 15-11764 pursuant to Administrative Order No. AOSC13-49, a copy of the foregoing Notice of Service of Defendants’ Answers to Interrogatories has been electronically filed and served using the Florida Courts E-Filing Portal; a copy of the foregoing Notice of Service together with the Defendant's Answers to Interrogatories has been furnished by E-mail to: Attorney for Plaintiff J.D. Dowell, Esquire Pitisci, Dowell, Markowitz & Murphy, PPA 101 S Moody Ave Tampa FL 33609-3333 dgonzalez@pdmmlaw.com jdowell@pdmmlaw.com -228-9233 LAW OFFICES OF JACQUELINE M. BUNTY 101 East Kennedy Boulevard, Suite 2125 Tampa, FL 33602 Telephone: (813) 222 Toll Free: (877) 886 2591 ext 2228043 Attorney Direct:: (813) 222 Fax: (877) 420 By: NICHOLAS D. ZORN, JR Fla. Bar No. Attorney for Defendants PETER ARTHUR RADICE and DYLAN CONNER RADICE PRINCIPAL E MAIL ADDRESS TAMPALEGAL@ALLSTATE.COM Personal E mail Address for Service of Pleadings and Documents): Nicholas.Zorn@Allstate.com CASE NO. -11764 DEFENDANTS’ ANSWERS TO BOECHER INTERROGATORIES PROPOUNDED BY PLAINTIFF OCTOBER 6, 1. What is the name and address of the person answering these Interrogatories and, if applicable, the person(s) official position or relationship with the party to whom the Interrogatories are directed. ANSWER: Peter Arthur Radice and Dylan Conner Radice- Defendants 12201 Glencliff Circle Tampa, FL 33626 We were assisted in answering these interrogatories by counsel. 2. For each expert listed in Defendants’ response to Plaintiff’s Expert Interrogatories served by the Plaintiff on September 27, 2016, please identify each case in which the expert(s) have testified as an expert in trial or at deposition during the preceding three (3) years for the Law Offices of Jacqueline M. Bunty. ANSWER: There were no Expert Interrogatories served by the Plaintiff on September 27, 2016. However, with regard to the Expert Interrogatories served by the Plaintiff on September 28, 2016, during the normal course and scope of business at the Law Offices of Jacqueline M. Bunty, this information is not maintained. However, see attached trial and deposition lists provided and maintained by Dr. Shim’s office in these Defendants’ possession. 3. For each expert listed in Defendants’ response to Plaintiff’s Expert Interrogatories served by the Plaintiff on September 27, 2016, please identify each case in which the expert(s) have testified as an expert in trial or at deposition during the preceding three (3) years for Allstate Insurance Group of Companies, including, but not limited to Allstate Insurance Company. ANSWER: There were no Expert Interrogatories served by the Plaintiff on September 27, 2016. However; with regard to the Expert Interrogatories served by the Plaintiff on September , 2016; during the normal course and scope of business by Allstate, this information is not maintained. However, see attached trial and deposition lists provided and maintained by Dr. Shim’s office in these Defendants’ possession. 4. For each expert listed in Defendants’ response to Plaintiff’s Expert Interrogatories served by the Plaintiff on September 27, 2016, please identify the amount of money the expert(s) have been paid during the preceding three (3) years by or on behalf of Allstate Insurance Group of Companies, including, but not limited to Allstate Insurance Company. ANSWER: There were no Expert Interrogatories served by the Plaintiff on September 27, 2016. However, with regard to the Expert Interrogatories served by the Plaintiff on September 28, 2016, from 2013-present, approximately $317,627.00 has been paid by Allstate to CASE NO. -11764 Florida Sports Orthopedic & Spine and not Dr. Shim individually. See attached payout list in these Defendants’ possession 5. For each expert listed in Defendants’ response to Plaintiff’s Expert Interrogatories served by the Plaintiff on September 27, 2016, please state the date on which each expert was first contacted by Defendant’s attorney regarding this case, as well as the date on which each agreed to serve as an expert for Defendant, Allstate Insurance Company. ANSWER: There were no Expert Interrogatories served by the Plaintiff on September 27, 2016. However, with regard to the Expert Interrogatories served by the Plaintiff on September Dr. Shim was contacted/hired as an expert on or about September 1, 2016. 6. For each expert listed in Defendants’ response to Plaintiff’s Expert Interrogatories served by the Plaintiff on September 27, 2016, please state as follows: a) Please delineate the scope of employment of the expert witnesses in the pending case and the compensation for the witnesses’ service by either hourly rate or total fees paid to date. b) State the experts’ general litigation experience including the percentage of work performed for plaintiffs and defendants. c) State the identity of other cases in the past three (3) years, which the experts have testified by deposition or trial and please delineate the date of said deposition or trial and the locale in which said cases were filed. d) Please state the approximation of the portion of the experts’ involvement as an expert witness, which may be based in the number of hours, percentage of hours or percentage of earned income derived from serving as an expert. e) State the number of times the experts have been retained by Law Offices of Jacqueline M. Bunty in the past three years. Identify the date of the exam, the name of the examined party, the examined party’s attorney, the amount paid to the witness for each exam and/or deposition or trial. ANSWER: There were no Expert Interrogatories served by the Plaintiff on September 27, 2016. However, with regard to the Expert Interrogatories served by the Plaintiff on September , 2016: Dr. Shim was hired to review Plaintiff’s records and films, perform a physical examination of the Plaintiff and provide a written report regarding his findings. To date, Dr. Shim has been paid a total of $4,000.00. b. During the normal course and scope of business this information is not tracked by Dr. Shim’s office. If they had to guess, it would be approximately 40-45% of his total time is spent as an expert with 60% for Defendant and 40 % for Plaintiff. c. During the normal course and scope of business this information is not tracked by Dr. Shim’s office. See attached trial and deposition lists provided and maintained by Dr. Shim’s office. CASE NO. -11764 d. During the normal course and scope of business this information is not tracked by Dr. Shim’s office. If they had to guess, it would be approximately 40-45% of his total time is spent as an expert, e. During the normal course and scope of business at the Law Offices of Jacqueline M. Bunty, this information is not maintained. However, see attached payout list for Allstate and not the Law Offices of Jacqueline M. Bunty individually. 7. For each expert listed in Defendants’ response to Plaintiff’s Expert Interrogatories served by the Plaintiff on September 27, 2016, identify all payments to the experts for medical exams, reports, depositions, records review, conferences, and trial testimony for the past three calendar years paid by Law Offices of Jacqueline M. Bunty. ANSWER: There were no Expert Interrogatories served by the Plaintiff on September 27, 2016. However, with regard to the Expert Interrogatories served by the Plaintiff on September during the normal course and scope of business at the Law Offices of Jacqueline M. Bunty, this information is not maintained. However, from 2013-present, approximately $317,627.00 has been paid by Allstate (and not the Law Offices of Jacqueline M. Bunty individually) to Florida Sports Orthopedic & Spine and not Dr. Shim individually. See attached payout list in these Defendants’ possession 8. For each expert listed in Defendants’ response to Plaintiff’s Expert Interrogatories served by the Plaintiff on September 27, 2016, identify all payments to the experts for medical exams, reports, depositions, records review, conferences, and trial testimony for the past three calendar years paid by Allstate Insurance Group of Companies, including, but not limited to Allstate Insurance Company. ANSWER: ANSWER: There were no Expert Interrogatories served by the Plaintiff on September 27, 2016. However; with regard to the Expert Interrogatories served by the Plaintiff on September , 2016; from 2013-present, approximately $317,627.00 has been paid by Allstate to Florida Sports Orthopedic & Spine and not Dr. Shim individually. See attached payout list these Defendants’ possession