Request,Application: Brandon Collura Plaintiff vs. State Farm Mutual Automobile Insurance Company Defendant

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                                Filing # 32851682 E-Filed 10/05/2015 04:04:28 PM

IN THE CIRCUIT COURT OF THE

SEVENTEENTH JUDICIAL CIRCUIT IN AND

FOR BROWARD COUNTY, FLORIDA
BRANDON COLLURA CASE NO.: CACE 15-012665 (08)

Plaintiff,
vs.
STATE FARM MUTUAL
AUTOMOBILE INSURANCE
COMPANY,

Defendant.
/

DEFENDANT’S Se FOR COMPULSORY MEDICAL EXAMINATION
)

Pursuant to Fla.R.Civ.P. 1.360, the Defendant, STATE FARM MUTUAL
AUTOMOBILE INSURANCE (hereinafter “Defendant”), hereby requests the Plaintiff,
BRANDON COLLURA (hereinafter “Plaintiff’), to have his physical condition examined as
indicated below, and further requests the Plaintiff to serve a response within thirty (30) days after
service of this Request as provided in the above Rule:

1. That the above Defendant would request the Plaintiff to appear to have his
physical condition examined by DR. STEPHEN WENDER a(n) Orthopedic physician, whose
address is 230 South Dixie Highway, Hallandale, FL 33009, on Monday, January 25, 2016 @

3:00 p.m. Please arrive for appointment at 2:45 p.m.

 

2. That the above physician will obtain a history of the accident, injuries and
complaints of the Plaintiff; will conduct a physical examination, including any testing which may
be necessary; will request any X-rays, if necessary, will make a diagnosis of the physical or

mental condition of the Plaintiff and will render opinions concerning the Plaintiffs condition.

*** FILED: BROWARD COUNTY, FL HOWARD FORMAN, CLERK 10/5/2015 4:04:28 PM.****3. In the event that the Plaintiff objects to this examination and fails to respond to
this Request, or fails to permit the examination, the undersigned will move the Court for an
Order under Fla.R.Ciy.P. 1.380 to allow said discovery examination.

4. Unless a timely and valid objection to this Notice is filed within the time set forth
by Rule 1.360, the Plaintiff is required by this Rule to be in attendance at the above-scheduled
examination.

5. Pursuant to Rule 1.360, if the physician performing the examination is called as a
witness, the physician shall not be identified as one appointed by the Court.

6. The cost of the examination will be originally borne by the Defendant, but is
subject to taxation by the Court upon proper motion.

7. The Plaintiff is requested to bring to said examination any X-rays, CT Scan
films, MRI films or other diagnostic test results relating to the alleged injuries.

8. That there is good cause for this Request for the examination in that the Plaintiff
has placed Plaintiff's physical condition in issue and the Defendant has not had the benefit of
such an examination of the physical/mental condition of the Plaintiff.

9. If requested by the party to whom a request for examination is made, the party
requesting the examination shall deliver to the other party, in accordance with Rule 1.360(b)(1).
a copy of a detailed written report setting out the examiner’s findings. After delivery of the
detailed written report, the party requesting the examination to be made shall be entitled upon
request to receive from the party to whom the request for examination is made a similar report of

the same condition previously or thereafter made.

10. It is necessary that Plaintiff present valid photo identification upon arrival to the

medical examination.I HEREBY CERTIFY that on October 5, 2015, the foregoing was electronically filed with

the Florida Courts E-Filing Portal and that as a registered participant of the Portal I have

effectuated service through the Portal in compliance with Rule 2.516, Fla. R. Jud. Admin., on

Sasha B. Stauffer. Esq., Carner, Newmark &Cohen, LLP.

ce:

Dr. Stephen Wender
230 South Dixie Highway
Hallandale, Florida 33009

NICHOLAS J. RYAN & ASSOCIATES
110 Southeast 6" Street

110 Tower, Suite 2100

Fort Lauderdale, FL 33301

Telephone: (954) 627-9401

Fax: (954) 627-9499

Florida Bar No.: 956181

an.294019@stat

   

Flor.law-lisab: arm.com

 

 

Lisa J. Baligian, Esq.
Attomey for Defendant
(Signed by attorney electronically after review)

Attorneys and Staff of NICHOLAS J. RYAN &
ASSOCIATES are Employees of the Corporate Law
Department of State Farm Mutual Automobile Insurance
Company