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*** FILED: BROWARD COUNTY, FL HOWARD FORMAN, CLERK 5/7/2013 12:56:04 PM.****
Electronically Filed 05/07/2013 12:56:05 PM ET
IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT
IN AND FOR BROWARD COUNTY, FLORIDA
MARY JOHNSTON,
Plaintiff,
vs. Case No.: CACE12019330
VLN DEVELOPMENT, LLC., a
Florida Limited Liability Company,
Defendant.
/
PLAINTIFF MARY JOHNSTON’S MOTION FOR PROTECTIVE ORDER
AND/OR TO STRIKE DEFENDANT’S REQUEST FOR COMPULSORY
MEDICAL EXAMINATION
Plaintiff, MARY JOHNSTON, by and through undersigned counsel, hereby
provides her Motion to Strike Defendant’s Request for Compulsory Medical
Examination, on the following grounds:
lL. By Certificate of Service dated May 6, 2013, and despite the clear
requirements of this Court's “UNIFORM TRIAL ORDER 17" JUDICIAL CIRCUIT
ORDER FOR PRETRIAL CONFERENCE AND CALENDAR CALL,” which provides
that all medical evaluations be completed 60 days prior to trial, Defendant has filed a
Notice of Compulsory Medical Examination to take place on May 16" — two weeks
before trial.
2. In addition to being untimely, the proposed examination is to take place at
the office of Michael S. Zeide, M.D., in Palm Beach County, whose office is 25 miles
from the 97-year-old Plaintiff's home, in Broward County.
3. Plaintiff suffered a relatively straightforward injury. She fell at
Defendant’s premises. Immediately following her fall, Mary was transported to CoralSprings Medical Center by the Coral Springs Fire Department EMS. At Coral Springs
Medical Center, Mary was diagnosed with multiple pelvic fractures and a fracture of her
right 9th rib. Because of her age, it was decided to treat her conservatively, rather than
with surgery, and she underwent a course of in-patient rehabilitation, followed by
conservative care at home.
4, Plaintiff's medical bills, with the exception of the EMS bill, have been
paid in full by Medicare and private Medicare Supplemental Insurance.
5. Plaintiff's counsel has stipulated that Plaintiff last received medical
treatment related to her accident on March 5, 2012, over one year ago.
6. Plaintiff continues to live in her home and is capable of performing all the
activities of daily living.
7. Neither the Plaintiffs physical condition nor her medical care for her
accident are in controversy, as required by Fla. R. Civ. P. Rule 1.360(a).
8. Plaintiff is prejudiced by Defendant’s late request for Compulsory
Medical Examination and incorporates by reference, all her arguments set forth in her
MOTION TO STRIKE DEFENDANT’S EXPERT DISCLOSURE of April 29, 2013.
9. Plaintiff respectfully requests that this Court issue an Order
striking/denying Defendant’s late filed NOTICE OF COMPULSORY MEDICAL
EXAMINATION
WHEREFORE, Plaintiff prays that this Motion to Strike and/or for Protective
Order is granted and that this Court awards any other relief it deems just or necessary.Dated this 7" day of May, 2013.
Respectfully submitted,
/s/ Robert L. Vessel
Robert L. Vessel, Esquire
Florida Bar No.: 314536
Shyamie Dixit, Esq.
Florida Bar No.: 719684
Dixit Law Firm, P.A.
3030 N. Rocky Point Drive West, Suite 260
Tampa, FL 33607
Telephone: (813) 252-3999
Facsimile: (813) 252-3997
E-mail: sdixit@dixitlaw.com
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been
furnished by electronic email: Anna D. Torres, Esquire, P.O. Box 21289, West Palm
Beach, FL 33416-1289, at eservice@powersmenalis.com, atorres@powersmenalis.com,
jalexander@powersmenalis.com, Tploskunak@powersmenalis.com, this 7” day May,
2013.
/s/ Robert L. Vessel
Robert L. Vessel, Esquire
Florida Bar No.: 314536
Shyamie Dixit, Esq.
Florida Bar No.: 719684
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*** FILED: BROWARD COUNTY, FL HOWARD FORMAN, CLERK 5/7/2013 12:56:04 PM.**** Electronically Filed 05/07/2013 12:56:05 PM ET IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA MARY JOHNSTON, Plaintiff, vs. Case No.: CACE12019330 VLN DEVELOPMENT, LLC., a Florida Limited Liability Company, Defendant. / PLAINTIFF MARY JOHNSTON’S MOTION FOR PROTECTIVE ORDER AND/OR TO STRIKE DEFENDANT’S REQUEST FOR COMPULSORY MEDICAL EXAMINATION Plaintiff, MARY JOHNSTON, by and through undersigned counsel, hereby provides her Motion to Strike Defendant’s Request for Compulsory Medical Examination, on the following grounds: lL. By Certificate of Service dated May 6, 2013, and despite the clear requirements of this Court's “UNIFORM TRIAL ORDER 17" JUDICIAL CIRCUIT ORDER FOR PRETRIAL CONFERENCE AND CALENDAR CALL,” which provides that all medical evaluations be completed 60 days prior to trial, Defendant has filed a Notice of Compulsory Medical Examination to take place on May 16" — two weeks before trial. 2. In addition to being untimely, the proposed examination is to take place at the office of Michael S. Zeide, M.D., in Palm Beach County, whose office is 25 miles from the 97-year-old Plaintiff's home, in Broward County. 3. Plaintiff suffered a relatively straightforward injury. She fell at Defendant’s premises. Immediately following her fall, Mary was transported to CoralSprings Medical Center by the Coral Springs Fire Department EMS. At Coral Springs Medical Center, Mary was diagnosed with multiple pelvic fractures and a fracture of her right 9th rib. Because of her age, it was decided to treat her conservatively, rather than with surgery, and she underwent a course of in-patient rehabilitation, followed by conservative care at home. 4, Plaintiff's medical bills, with the exception of the EMS bill, have been paid in full by Medicare and private Medicare Supplemental Insurance. 5. Plaintiff's counsel has stipulated that Plaintiff last received medical treatment related to her accident on March 5, 2012, over one year ago. 6. Plaintiff continues to live in her home and is capable of performing all the activities of daily living. 7. Neither the Plaintiffs physical condition nor her medical care for her accident are in controversy, as required by Fla. R. Civ. P. Rule 1.360(a). 8. Plaintiff is prejudiced by Defendant’s late request for Compulsory Medical Examination and incorporates by reference, all her arguments set forth in her MOTION TO STRIKE DEFENDANT’S EXPERT DISCLOSURE of April 29, 2013. 9. Plaintiff respectfully requests that this Court issue an Order striking/denying Defendant’s late filed NOTICE OF COMPULSORY MEDICAL EXAMINATION WHEREFORE, Plaintiff prays that this Motion to Strike and/or for Protective Order is granted and that this Court awards any other relief it deems just or necessary.Dated this 7" day of May, 2013. Respectfully submitted, /s/ Robert L. Vessel Robert L. Vessel, Esquire Florida Bar No.: 314536 Shyamie Dixit, Esq. Florida Bar No.: 719684 Dixit Law Firm, P.A. 3030 N. Rocky Point Drive West, Suite 260 Tampa, FL 33607 Telephone: (813) 252-3999 Facsimile: (813) 252-3997 E-mail: sdixit@dixitlaw.com CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by electronic email: Anna D. Torres, Esquire, P.O. Box 21289, West Palm Beach, FL 33416-1289, at eservice@powersmenalis.com, atorres@powersmenalis.com, jalexander@powersmenalis.com, Tploskunak@powersmenalis.com, this 7” day May, 2013. /s/ Robert L. Vessel Robert L. Vessel, Esquire Florida Bar No.: 314536 Shyamie Dixit, Esq. Florida Bar No.: 719684