Preview
IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT
IN AND FOR PINELLAS COUNTY, FLORIDA
JAGDEO SUKRAJ,
Appellant/Cross Appellee,
Vs.
CHEAR PHOEUNG and
JIMMY PHEOUNG,
Appellees/Cross Appellants.
Appellate Case Number: 2D17-159
RECORD ON APPEAL
Original Record in the case of
JAGDEO SUKRAJ
Vs.
CHEAR PHOEUNG, et al
UCN 522013CA011264XXCICI I Case Number 13-011264-CI
In the Circuit Court, Pinellas County, Florida
Prepared for use on appeal to the
Second District Court of Appeal of Florida
Page 1
IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT
OF THE STATE OF FLORIDA, IN AND FOR PINELLAS COUNTY
APPEALS MASTER INDEX
ORIGINAL RECORD ON APPEAL
JAGDEO SUKRAJ
Vs.
CHEAR PHOEUNG, et al
13-011264-CI
FILE DATE DOCUMENT DESCRIPTION PAGE
02/15/2017 APPEAL RECORD COVER PAGE 1-1
02/15/2017 INDEX 2-4
02/15/2017 CASE SUMMARY DOCUMENT 5 - 10
12/09/2013 COMPLAINT 11 - 12
02/06/2014 DEFENDANTS' ANSWER TO COMPLAINT 13 - 14
02/06/2014 ATTORNEY FOR DEFENDANTS' NOTICE OF DISCLOSURE 15 - 15
05/19/2014 PLAINTIFF'S NOTICE OF SERVING PROPOSAL OF 16 - 16
SETTLEMENT PURSUANT TO FLORIDA STATUTE 768.79 AND
F.R.C.P. 1.442 TO DEFENDANT, JIMMY PHOEUNG
05/19/2014 PLAINTIFF'S NOTICE OF SERVING PROPOSAL OF 17 - 17
SETTLEMENT PURSUANT TO FLORIDA STATUTE 768.79 AND
F.R.C.P. 1.442 TO DEFENDANT, CHEAR PHOEUNG
09/22/2014 PLAINTIFF'S MOTION FOR TRIAL 18 - 18
09/24/2014 DEFENDANTS' NOTICE OF TRIALS CURRENTLY SCHEDULED 19 - 20
10/01/2014 DEFENDANT, CHEAR PHOEUNG'S, NOTICE OF SERVING 21 - 21
PROPOSAL FOR SETTLEMENT
10/01/2014 DEFENDANT, JIMMY PHOEUNG'S, NOTICE OF SERVING 22 - 22
PROPOSAL FOR SETTLEMENT
10/07/2014 ORDER OF REFERRAL TO MEDIATION 23 - 26
05/01/2015 PLAINTIFF'S NOTICE OF FILING ATTACHED MEDIATION 27 - 28
REPORT - IMPASSE
05/14/2015 ARBITRATION AND MEDIATION PROGRAM'S NOTICE OF 29 - 29
FINAL DISPOSITION OF REFERRAL - DID NOT REACH
AGREEMENT
05/15/2015 DEFENDANT, JIMMY PHOEUNG'S, NOTICE OF SERVING 30 - 30
PROPOSAL FOR SETTLEMENT
05/15/2015 DEFENDANT, CHEAR PHOEUNG'S, NOTICE OF SERVING 31 - 31
PROPOSAL FOR SETTLEMENT
05/22/2015 ORDER SETTING JURY TRIAL AND PRETRIAL CONFERENCE 32 - 41
12/18/2015 PLAINTIFF'S WITNESS AND EXHIBIT LIST 42 - 47
12/22/2015 DEFENDANTS' WITNESS AND EXHIBIT LISTS 48 - 51
01/18/2016 DEFENDANTS' AMENDED WITNESS LIST 52 - 53
01/19/2016 PLAINTIFF'S NOTICE OF VIDEOTAPING INDEPENDENT 54 - 54
MEDICAL EXAMINATION
01/29/2016 PLAINTIFF'S NOTICE OF INTENTION TO USE MEDICAL BILL 55 - 56
SUMMARY
02/16/2016 UNIFORM PRE-TRIAL CONFERENCE ORDER 57 - 59
02/18/2016 PLAINTIFF'S SUPPLEMENTAL EXHIBIT LIST 60 - 60
02/22/2016 PLAINTIFF'S FIRST MOTION IN LIMINE 61 - 62
02/22/2016 PLAINTIFF'S SECOND MOTION IN LIMINE 63 - 64
02/24/2016 PLAINTIFF'S THIRD MOTION IN LIMINE 65 - 69
03/04/2016 PLAINTIFF'S FOURTH MOTION IN LIMINE 70 - 71
03/11/2016 PLAINTIFF'S MOTION FOR DIRECTED VERDICT AND 72 - 75
MEMORANDUM OF LAW IN SUPPORT THEREOF
03/11/2016 COPY CASE LAW 64 So.3d 1201 76 - 87
03/14/2016 JUROR'S QUESTION 88 - 88
03/15/2016 PLAINTIFF'S EXHIBIT NO. 1, IN EVIDENCE, MEDICAL BILLING 89 - 90
SUMMARY, JURY TRIAL: MARCH 15, 2016
03/15/2016 PLAINTIFF'S EXHIBIT NO. 2, IN EVIDENCE, REPAIR ESTIMATE 91 - 95
FOR PLAINTIFF'S VEHICLE, JURY TRIAL: MARCH 15, 2016
03/15/2016 PLAINTIFF'S EXHIBIT NO. 3, IN EVIDENCE, TWO PHOTOS OF 96 - 97
DAMAGE TO NISSAN MAXIMA, JURY TRIAL: MARCH 15, 2016
03/15/2016 PLAINTIFF'S EXHIBIT NO. 4, IN EVIDENCE, PLAINTIFF'S 98 - 150
MEDICAL RECORDS FROM DR. THOMAS TOLLI, JURY TRIAL:
MARCH 15, 2016
03/15/2016 PLAINTIFF'S EXHIBIT NO. 5, IN EVIDENCE, PLAINTIFF'S 151 - 180
MEDICAL RECORDS FROM DR. ANTHONY ALBERT, JURY
TRIAL: MARCH 15, 2016
03/15/2016 PLAINTIFF'S EXHIBIT NO. 6, IN EVIDENCE, PLAINTIFF'S 181 - 288
MEDICAL RECORDS FROM HOPKINS CLINIC FOR PHYSICAL
MEDICINE, JURY TRIAL: MARCH 15, 2016
03/15/2016 PLAINTIFF'S EXHIBIT NO. 7, IN EVIDENCE, PLAINTIFF'S 289 - 311
MEDICAL RECORDS FROM FLORIDA MEDICAL PAIN
MANAGEMENT, JURY TRIAL: MARCH 15, 2016
03/15/2016 PLAINTIFF'S EXHIBIT NO. 8, IN EVIDENCE, PLAINTIFF'S 312 - 350
MEDICAL RECORDS FROM TOTAL VITALITY MEDICAL
GROUP, JURY TRIAL: MARCH 15, 2016
03/15/2016 PLAINTIFF'S EXHIBIT NO. 9, IN EVIDENCE, PLAINTIFF'S 351 - 483
MEDICAL RECORDS FROM PINELLAS UROLOGY, JURY
TRIAL: MARCH 15, 2016
03/15/2016 PLAINTIFF'S EXHIBIT NO. 10, IN EVIDENCE, PLAINTIFF'S 484 - 580
MEDICAL RECORDS FROM NORTHSIDE HOSPITAL, JURY
TRIAL: MARCH 15, 2016
03/15/2016 PLAINTIFF'S EXHIBIT NO. 11, IN EVIDENCE, PLAINTIFF'S 581 - 608
MEDICAL RECORDS FROM ADVANCED
GASTROENTEROLOGY ASSOCIATES, JURY TRIAL: MARCH
15, 2016
03/15/2016 PLAINTIFF'S EXHIBIT NO. 12, IN EVIDENCE, PLAINTIFF'S 609 - 799
MEDICAL RECORDS FROM LARGO MEDICAL CENTER, JURY
TRIAL: MARCH 15, 2016
03/15/2016 PLAINTIFF'S EXHIBIT NO. 13, IN EVIDENCE, PLAINTIFF'S 800 - 815
MEDICAL RECORDS FROM ST. PETE MRI, JURY TRIAL:
MARCH 15, 2016
03/15/2016 PLAINTIFF'S EXHIBIT NO. 14, IN EVIDENCE, PLAINTIFF'S 816 - 820
MEDICAL RECORDS FROM PALMS OF PASADENA HOSPITAL,
JURY TRIAL: MARCH 15, 2016
03/15/2016 JURY INSTRUCTIONS 821 - 839
03/15/2016 VERDICT FOR PLAINTIFF 840 - 840
03/22/2016 PLAINTIFF'S MOTION FOR ADDITUR AND/OR NEW TRIAL 841 - 843
03/22/2016 COPY CASE LAW 967 So.2d 1088 844 - 858
10/27/2016 ORDER ON PLAINTIFF'S MOTION FOR ADDITUR AND/OR 859 - 859
NEW TRIAL
12/21/2016 FINAL JUDGMENT BK: 19461 PG: 111 860 - 860
01/03/2017 PLAINTIFF'S MOTION TO TAX FEES AND COSTS PURSUANT 861 - 864
TO PROPOSALS FOR SETTLEMENT AND MOTION TO TAX
COSTS AS PREVAILING PARTY
01/04/2017 NOTICE OF APPEAL BK: 19475 PG: 470 865 - 867
01/20/2017 NOTICE OF CROSS APPEAL BK: 19521 PG: 689 868 - 869
SECTION 11
CASE SUMMARY
CASE NO. 13-011264-CI
JAGDEO SUKRAJ § Location: Section 11
Vs. § Judicial Officer:CAMPBELL, PAMELA A.M.
CHEAR PHOEUNG, et al § Filed on: 12/09/2013
§ Case Number History:
§ UNIFORM CASE 522013CA011264XXCICI
NUMBER:
CASE INFORMATION
Statistical Closures AUTO NEGLIGENCE -
Case Type:
12/21/2016 DISPOSED BY JURY TRIAL CIRCUIT
Case 01/03/2017 REOPENED -
Status: OTHER
Case Flags: NOTICE OF HEARING
APPEALED
DATE CASE ASSIGNMENT
Current Case Assignment
Case Number 13-011264-CI
Court Section 11
Date Assigned 12/09/2013
Judicial Officer CAMPBELL, PAMELA A.M.
PARTY INFORMATION
Lead Attorneys
PLAINTIFF SUKRAJ, JAGDEO HEALY, ROBERT J, JR
Retained
727-323-5848(W)
DEFENDANT PHEOUNG, JIMMY BRIDGES, SHELTON S
Retained
813-686-8128(W)
PHOEUNG, CHEAR BRIDGES, SHELTON S
Retained
813-686-8128(W)
APPELLANT SUKRAJ, JAGDEO
APPELLEE PHEOUNG, JIMMY
PHOEUNG, CHEAR
DATE EVENTS & ORDERS OF THE COURT INDEX
12/09/2013 CIVIL COVER SHEET - E-FILED
12/09/2013 SUMMONS TO BE ISSUED
12/09/2013 SUMMONS TO BE ISSUED
12/09/2013 NOTICE OF SERVICE OF INTERROGATORIES
12/09/2013 NOTICE OF SERVICE EXPERT INTERROGATORIES
12/09/2013
PAGE 1 OF 6 Printed on 02/15/2017 at 10:18 AM
Page 5
SECTION 11
CASE SUMMARY
CASE NO. 13-011264-CI
REQUEST FOR PRODUCTION
12/09/2013 REQUEST FOR PRODUCTION
12/09/2013 REQUEST FOR ADMISSIONS
12/09/2013 REQUEST FOR ADMISSIONS
12/09/2013 DESIGNATION OF E-MAIL ADDRESS(ES)
12/09/2013 COMPLAINT
12/10/2013 SUMMONS/NOTICE EMAILED TO ATTY/PLTF FOR SERVICE
Party:DEFENDANT PHEOUNG, JIMMY; DEFENDANT PHOEUNG, CHEAR
12/11/2013 ADD CASE TO TRAKMAN
02/06/2014 DESIGNATION OF E-MAIL ADDRESS(ES)
02/06/2014 ANSWER OF
CHEAR PHOEUNG AND JIMMY PHOEUNG
02/06/2014 CERTIFICATE
OF SERVICE (AUTO INTERROGATORIES)
02/06/2014 NOTICE OF DISCLOSURE
03/04/2014 RESPONSE TO REQUEST FOR PRODUCTION
03/11/2014 NOTICE OF SERVICE ANSWERS INTERROGATORIES
03/11/2014 RESPONSE TO REQUEST FOR ADMISSIONS
03/12/2014 RESPONSE TO REQUEST FOR ADMISSIONS
03/13/2014 NOTICE OF SERVICE ANSWERS INTERROGATORIES
03/13/2014 NOTICE OF SERVICE ANSWERS INTERROGATORIES
04/23/2014 DEF/RESP'S MOTION TO COMPEL
ANSWERS TO REQUEST FOR ADMISSIONS/INTERROGATORIES
04/23/2014 EXHIBIT
(A) LETTE RE: ANSWER TO INTERRGATORIES/ADMISSIONS
05/06/2014 REQUEST FOR COPIES
05/09/2014 NOTICE OF SERVICE ANSWERS INTERROGATORIES
PAGE 2 OF 6 Printed on 02/15/2017 at 10:18 AM
Page 6
SECTION 11
CASE SUMMARY
CASE NO. 13-011264-CI
05/16/2014 NOTICE OF SERVICE OF:
SUPPLEMENTAL DISCOVERY TO PLTF
05/19/2014 RESPONSE TO REQUEST FOR ADMISSIONS
05/19/2014 NOT. OF SERV. OF PROPOSAL FOR SETTLEMENT
05/19/2014 NOT. OF SERV. OF PROPOSAL FOR SETTLEMENT
06/05/2014 RESPONSE
TO SUPPLEMENTAL REQUEST FOR PRODUCTION
08/19/2014 NOTICE OF TAKING DEPOSITION
08/19/2014 NOTICE OF TAKING DEPOSITION
09/22/2014 PLTF/PET'S MOTION
FOR TRIAL
09/24/2014 NOTICE
OF TRIAL
10/01/2014 NOT. OF SERV. OF PROPOSAL FOR SETTLEMENT
10/01/2014 NOT. OF SERV. OF PROPOSAL FOR SETTLEMENT
10/07/2014 ORDER OF REFERRAL TO MEDIATION
12/18/2014 NOTICE OF MEDIATION CONFERENCE
042015 9:00
01/28/2015 NOTICE OF CHANGE OF ADDRESS OF COUNSEL
02/27/2015 AMENDED NOTICE MEDIATION CONFERENCE
042915 9:00
05/01/2015 NOTICE OF FILING
MEDIATION REPORT
05/14/2015 NOTICE FINAL DISPOSITION OF REFERRAL
DID NOT REACH AGREEMENT
05/15/2015 NOT. OF SERV. OF PROPOSAL FOR SETTLEMENT
05/15/2015 NOT. OF SERV. OF PROPOSAL FOR SETTLEMENT
05/22/2015 NOTICE TRIAL/ORDER PRETRIAL CONFERENCE
021616 9:30 AND WEEK OF TRIAL 030716 9:00
PAGE 3 OF 6 Printed on 02/15/2017 at 10:18 AM
Page 7
SECTION 11
CASE SUMMARY
CASE NO. 13-011264-CI
10/07/2015 NOTICE OF SERVICE EXPERT INTERROGATORIES
12/18/2015 WITNESS LIST
(PLTF)/EXHIBIT LIST
12/22/2015 WITNESS LIST
(DEFT)/EXHIBIT LIST
01/18/2016 WITNESS LIST
AEMNDED
01/18/2016 REQUEST FOR PLAINTIFF TO SUBMIT TO EXAM
01/19/2016 NOTICE
OF VIDEOTAPING OF MEDICAL EXAM
01/29/2016 NOTICE OF SERVICE OF:
ANSWERS TO EXPERT INTERROGATOREIS AND REQUEST PRODUCTION
01/29/2016 NOTICE OF INTENT
TO USE MEDICAL BILL SUMMARY
02/09/2016 NOTICE OF TAKING DEPOSITION
(VIDEO)
02/09/2016 NOTICE OF TAKING DEPOSITION
02/16/2016 UNIFORM PRE-TRIAL CONFERENCE ORDER
02/18/2016 LIST OF EXHIBITS
SUPPLEMENTAL
02/22/2016 PLTF/PET'S MOTION IN LIMINE
(SECOND)
02/22/2016 PLTF/PET'S MOTION IN LIMINE
02/22/2016 NOTICE OF TAKING DEPOSITION
02/23/2016 NOTICE OF TAKING DEPOSITION
02/24/2016 MOTION IN LIMINE
Party:PLAINTIFF SUKRAJ, JAGDEO
(THIRD)
02/25/2016 NOTICE OF SERVICE ANSWERS INTERROGATORIES
(EXPERT)
03/04/2016 MOTION IN LIMINE
FOURTH
PAGE 4 OF 6 Printed on 02/15/2017 at 10:18 AM
Page 8
SECTION 11
CASE SUMMARY
CASE NO. 13-011264-CI
03/07/2016 JURY TRIAL
- HON CYNTHIA NEWTON
03/07/2016 JURY SWORN
- (6)
03/09/2016 NOTICE OF TAKING DEPOSITION
(VIDEO)
03/11/2016 PLTF/PET'S MOTION
FOR DIRECTED VERDICT AND MEMORANDUM OF LAW IN SUPPORT THEREOF
03/11/2016 EXHIBIT
CASE STUDY
03/14/2016 JURY QUESTIONS
- (1)
03/15/2016 JURY INSTRUCTIONS
03/15/2016 LIST OF EXHIBITS
(PLTF EVIDENCE - BOX 54)
03/15/2016 VERDICT
FOR PLAINTIFF
03/15/2016 EVIDENCE -
PLAINTIFF'S
03/22/2016 MOTION FOR NEW TRIAL
AND ADDITUR
03/22/2016 EXHIBIT
WESTLAW
07/13/2016 NOTICE OF HEARING
09/01/16 2:00
09/09/2016 AMENDED NOTICE OF HEARING
091916 2:15
10/27/2016 ORDER DENYING
MTN FOR ADDITUR AND/OR NEW TRIAL
10/27/2016 CORRESPONDENCE TO COURT RE:
PROPOSED ORDER - RECEIVED BY COURT 102616
12/21/2016 DISPOSED BY JURY TRIAL (SRS DISPO)
Vol./Book 19461,
12/21/2016 FINAL JUDGMENT Page 111, 1 pages
Instrument#
PAGE 5 OF 6 Printed on 02/15/2017 at 10:18 AM
Page 9
SECTION 11
CASE SUMMARY
CASE NO. 13-011264-CI
2016390604
01/03/2017 CASE REOPENED
01/03/2017 PLTF/PET'S MOTION
TO TAX FEES AND COSTS PURSUANT TO PROPOSALS FOR SETTLEMENT AND
MOTION TO TAX COSTS AS PREVAILING PARTY
01/04/2017 NOTICE OF APPEAL
Party:PLAINTIFF SUKRAJ, JAGDEO
01/04/2017 NOTICE OF APPEAL RECORDED
01/05/2017 LETTER FROM CLERK RE:APPEAL NOTICE TO DCA
01/20/2017 NOTICE OF APPEARANCE
AND DESIGNATION OF EMAIL ADDRESS
01/20/2017 NOTICE OF CROSS APPEAL
Party:APPELLEE PHEOUNG, JIMMY; APPELLEE PHOEUNG, CHEAR
01/20/2017 NOTICE OF CROSS APPEAL RECORDED
01/23/2017 LETTER FROM 2ND DCA RE: ASSIGN APPEAL NO.
2D17-159
01/23/2017 DCA ORDER:
APPELLANT ATTORNEY SHALL FORWARD FILING FEE OR INSOLVENCY BY
FEBUARY 9, 2017
01/23/2017 DCA ORDER:
APPEAL WILL PROCEED AS A FINAL APPEAL
01/24/2017 LETTER FROM CLERK RE:APPEAL NOTICE TO DCA
CROSS APPEAL
01/26/2017 DCA ORDER:
APPELLEE TO FORWARD CROSS APPEAL FILING FEE OR INSOLVENCY BY
FEBRUARY 8, 2017 OR IT WILL BE STRICKEN
DATE FINANCIAL INFORMATION
DEFENDANT PHOEUNG, CHEAR
Total Charges 4.00
Total Payments and Credits 4.00
Balance Due as of 2/15/2017 0.00
PLAINTIFF SUKRAJ, JAGDEO
Total Charges 646.00
Total Payments and Credits 646.00
Balance Due as of 2/15/2017 0.00
PAGE 6 OF 6 Printed on 02/15/2017 at 10:18 AM
Page 10
Case Number:l3-011264-CI
Electronically Filed 12/09/2013 11:24:03 AM ET
IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT
IN AND FOR PINELLAS COUNTY FLORIDA
CIVIL DIVISION
JAGDEO SUKRAJ,
Plaintiff,
v. CASE NO.:
CREARPROEUNG
and JIMMY PROEUNG
Defendants.
--------------------~/
COMPLAINT
Plaintiff, JADEO SUKRAJ, files this action against the Defendant CREAR PROEUNG
and JIMMY PROEUNG, and alleges as follows:
1. This is an action for damages that exceed fifteen thousand and no/1 00 dollars
($15,000.00).
2. On or about August 18,2013, Defendant, JIMMY PROEUNG, operated a
motor vehicle owned by CREAR PROEUNG in Pinellas County, Florida.
3. At that time and place the Defendant JIMMY PROEUNG so negligently operated
or maintained the motor vehicle that it collided with Plaintiffs motor vehicle.
4. As a result of JIMMY PROEUNG' s actions, Plaintiff suffered bodily injury
and resulting pain and suffering, disability, disfigurement, mental anguish, loss of capacity for
the enjoyment of life, loss of wages and loss of future earning capacity, expense of
hospitalization, medical and nursing care and treatment, and aggravation of a previously existing
condition. The losses are either permanent or continuing and Plaintiff will suffer these losses in
the future. Additionally, Plaintiff sustained significant damage to her automobile and lost the use
thereof, and she also incurred damages to other property as a result of Defendants' negligence.
Page 11
WHEREFORE, Plaintiff demands judgment for damages, costs and prejudgment interest
against Defendants, and demands a trial by jury on all issues so triable.
Rob t J. e , y, r., Esq.
F16rida Bar No: 0173990
SALTER,HEALY,LLC
P. 0. Box 10807
St. Petersburg, FL 33733-0807
Telephone: (727)323-5848
Service Email: service@salterhealy.com
Attorney for Plaintiff
Page 12
Filing# 9997526 Electronically Filed 02/06/2014 03:51:14 PM
IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL
CIRCUIT, IN AND FOR PINELLAS COUNTY, FLORIDA
CASE NO.: 13-011264-CI
JAGDEO SUKRAJ,
Plaintiff,
v.
CREAR PHOEUNG and
JIMMY PHOEUNG,
Defendants.
ANSWER TO COMPLAINT
Defendants, CHEAR PHOEUNG and JIMMY PHOEUNG, file this their answer to
Plaintiffs Complaint, and state:
1. Defendants deny the allegations contained in paragraph 1 of Plaintiffs Complaint
and demands strict proof thereof.
2. Defendants admit to the allegations contained m paragraph 2 of Plaintiffs
Complaint.
3. Defendants deny the allegations contained in paragraph 3 of Plaintiffs Complaint
and demands strict proof thereof.
4. Defendants deny the allegations contained in paragraph 1 of Plaintiffs Complaint
and demands strict proof thereof.
AFFIRMATIVE DEFENSES
5. Defendants affirmatively allege that Plaintiffs damages, if any, were proximately
caused by or contributed to by Plaintiffs own negligence, and therefore, the claims of Plaintiff
should be either barred or diminished in accordance with the degree of Plaintiffs own
negligence.
6. For affirmative defense, at the time of the accident, Plaintiff, JAGDEO SUKRAJ,
was not wearing the seatbelts which were provided with her automobile and the failure to use the
safety devices was the sole and/or contributing proximate cause of the alleged injuries to the
Plaintiff, JAGDEO SUKRAJ, resulting from the alleged accident.
Page 13
7. For affirmative defense, Defendants allege that the injuries or damages
complained of were as a result of the sole negligence of other Defendants or individuals not a
party to this suit and not as a result of any acts or omissions on the part of this Defendant.
8. Defendants allege that Plaintiff had a reasonably available opportunity to mitigate
damages, but failed to do so, and any recovery must be reduced by the amount of damages
incurred as a result of the Plaintiffs failure to mitigate.
9. Defendants are entitled to a set-off for any payments made by or on behalf of any
other defendants, persons, or entities alleged to be responsible for the Plaintiffs injuries.
10. Defendants allege that Plaintiff has received or is entitled to receive PIP benefits
and collateral source benefits as defined in Florida statutes, which the jury must consider in
determining the amount of damages, if any.
11. For affirmative defense, Defendants allege that at the time and on the occasion set
out in the Complaint, Plaintiff was subject to the Florida Automobile Reparations Reform Act
and does not have a threshold injury as required by said Act.
WHEREFORE, Defendant demands a trial by jury of all issues so triable.
I HEREBY CERTIFY that a tme and correct copy of the above and foregoing has been
furnished in accordance with the Florida Rule of Judicial Administration 2.516, on this 6th day
of February, 2014 to: Robert J. Healy, Jr., Esquire, Salter, Healy, LLC, P.O. Box 10807, St.
Petersburg, FL, 33733, Primary E-Mail: service@salterhealy.com.
Law Office of GLENN G. GOMER
Attorney for Defendant
600 N. West Shore Boulevard, Suite 1001
Tampa, Florida 33609-1135
Telephone: (813) 286-0068
By
SHELTON S. BRIDGES
Florida Bar No. 330980
Primary E-mail (e-service only):
TampaLegalMail@libertymutual.com
Secondary E-mail:
Shelton.Bridges@libertymutual.com
Page 14
Filing# 9997526 Electronically Filed 02/06/2014 03:51:14 PM
IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL
CIRCUIT, IN AND FOR PINELLAS COUNTY, FLORIDA
CASE NO.: 13-011264-CI
JAGDEO SUKRAJ,
Plaintiff,
v.
CREAR PHOEUNG and
JIMMY PHOEUNG,
Defendants.
--------------------------
I
NOTICE OF DISCLOSURE
BAR NUMBER: 330980
Pursuant to Florida Rule of Professional Conduct 4-7.9(g)(3), we hereby disclose that the
undersigned and allattorneys and staff of the Law Office of Glenn G. Gomer are employees of
Liberty Mutual Insurance Company, a member company of the Liberty Mutual Group.
Consistent with Rule 4-7.9(g)(3) and the comments to that Rule, which recognize the
public policy of not disclosing the existence of insurance coverage to juries, the employment
status of the attorneys of this Law Office will not be identified on other pleadings and papers
filed in this proceeding.
I HEREBY CERTIFY that a true and correct copy of the above and foregoing has been
furnished in accordance with the Florida Rule of Judicial Administration 2.516, on this 6th day
of February, 2014 to: Robert J. Healy, Jr., Esquire, Salter, Healy, LLC, P.O. Box 10807, St.
Petersburg, FL, 33733, Primary E-Mail: service@salterhealy.com.
Law Office of GLENN G. GOMER
600 N. West Shore Boulevard, Suite 1001
Tampa, Florida 33609-1135
Telephone: (813) 286-0068
Attorney for Defendant
Florida Bar No. 330980
Primary E-mail (e-service only):
TampaLegalMail@libertymutual.com
Secondary E-mail:
Shelton.Bridges@libertymutual.com
By
SHELTON S. BRIDGES
Page 15
Filing# 13843759 Electronically Filed 05/19/2014 05:27:22 PM
IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT
IN AND FOR PINELLAS COUNTY FLORIDA
CIVIL DIVISION
JAGDEO SUKRAJ,
Plaintiff,
v. CASE NO.: 2013- 011264-CI
CHEAR PHOEUNG
and JIMMY PHOEUNG
Defendants.
--------------------~/
NOTICE OF SERVING PROPOSAL OF SETTLEMENT
PURSUANT TO FLORIDA STATUTE 768.79 AND F.R.C.P. 1.442 TO DEFENDANT
Plaintiff, JAGDEO SUKRAJ, by and through undersigned counsel, hereby givess notice
that the Defendant JIMMY PHOEUNG was served with a Proposal for Settlement in accordance
with and pursuant to Florida Statutes, Section 768.79, and Florida Rule of Civil Procedure 1.442.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy has been sent via eservice to Sheldon
S. Bridges Esq., tampalegalmail@libertymutual.com and She 1on.bridges@libertymutual.com, on
this I~ day of May, 2014.
***ELECTRONICALLY FILED 5/19/2014 5:27:22 PM: KEN BURKE, CLERK OF THE CIRCUIT COURT, PINELLAS COUNTY***
Page 16
Filing# 13843759 Electronically Filed 05/19/2014 05:27:22 PM
IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT
IN AND FOR PINELLAS COUNTY FLORIDA
CIVIL DIVISION
JAGDEO SUKRAJ,
Plaintiff,
v. CASE NO.: 2013- 011264-CI
CHEARPHOEUNG
and JIMMY PHOEUNG
Defendants.
--------------------~/
NOTICE OF SERVING PROPOSAL OF SETTLEMENT
PURSUANT TO FLORIDA STATUTE 768.79 AND F.R.C.P. 1.442 TO DEFENDANT
Plaintiff, JAGDEO SUKRAJ, by and through undersigned counsel, hereby givess notice
that the Defendant, CHEAR PHOEUNG was served with a Proposal for Settlement in
accordance with and pursuant to Florida Statutes, Section 768.79, and Florida Rule of Civil
Procedure 1.442.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy has been sent via eservice to Sheldon
S. Bridges Esq., tampalegalmail@libertymutual.com and S elton.bridges@libertymutual.com, on
this \1 day ofMay, 2014.
Ro e J. ea y Jr., Esq.
Fl rida Bar No: 0173990
SALTER,HEALY,LLC
P. 0. Box 10807
St. Petersburg, FL 33733-0807
Telephone: (727)323-5848
Attorney for Plaintiff
***ELECTRONICALLY FILED 5/19/2014 5:27:22 PM: KEN BURKE, CLERK OF THE CIRCUIT COURT, PINELLAS COUNTY***
Page 17
Filing# 18526701 Electronically Filed 09/22/2014 04:26:29 PM
IN THE CIRCUIT COURT OF THE SIXTH .JUDICIAL CIRCUIT
IN AND FOR I}I~ELLAS COUNTY FLORIDA
CIVIL DIVISION
JADEO SUKRAJ,
Plaintiff.
v. NO.: 011264-Cl
CHEAR
and JIMMY PHOEUNG
Defendants.
MOTION FOR TRIAL
Plaintiff, by counsel undersigned, hereby serves notice that the above-captioned case is
at and a jury trial. Plaintiff the Court the trial of this
matter and anticipates said trial will take days.
I HEREBY CERTIFY that a true and correct copy has
S. tampalegalmail@libertymutual.com and
this of 14.
y,, ., Esq.
f'lorica BarNo: 0173990
SALTER, I-lEAL Y,
P. 0. Box 10807
Telephone:
Attorney for Plaintiff
***ELECTRONICALLY FILED 9/22/2014 4:26:29 PM: KEN BURI '--:.. - ' '
Case No. 13 011264 Cl11 \. :..-'i ·d_,_-;:::-
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IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT IN AND FOR PINELLAS COUNTY, FLORIDA JAGDEO SUKRAJ, Appellant/Cross Appellee, Vs. CHEAR PHOEUNG and JIMMY PHEOUNG, Appellees/Cross Appellants. Appellate Case Number: 2D17-159 RECORD ON APPEAL Original Record in the case of JAGDEO SUKRAJ Vs. CHEAR PHOEUNG, et al UCN 522013CA011264XXCICI I Case Number 13-011264-CI In the Circuit Court, Pinellas County, Florida Prepared for use on appeal to the Second District Court of Appeal of Florida Page 1 IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT OF THE STATE OF FLORIDA, IN AND FOR PINELLAS COUNTY APPEALS MASTER INDEX ORIGINAL RECORD ON APPEAL JAGDEO SUKRAJ Vs. CHEAR PHOEUNG, et al 13-011264-CI FILE DATE DOCUMENT DESCRIPTION PAGE 02/15/2017 APPEAL RECORD COVER PAGE 1-1 02/15/2017 INDEX 2-4 02/15/2017 CASE SUMMARY DOCUMENT 5 - 10 12/09/2013 COMPLAINT 11 - 12 02/06/2014 DEFENDANTS' ANSWER TO COMPLAINT 13 - 14 02/06/2014 ATTORNEY FOR DEFENDANTS' NOTICE OF DISCLOSURE 15 - 15 05/19/2014 PLAINTIFF'S NOTICE OF SERVING PROPOSAL OF 16 - 16 SETTLEMENT PURSUANT TO FLORIDA STATUTE 768.79 AND F.R.C.P. 1.442 TO DEFENDANT, JIMMY PHOEUNG 05/19/2014 PLAINTIFF'S NOTICE OF SERVING PROPOSAL OF 17 - 17 SETTLEMENT PURSUANT TO FLORIDA STATUTE 768.79 AND F.R.C.P. 1.442 TO DEFENDANT, CHEAR PHOEUNG 09/22/2014 PLAINTIFF'S MOTION FOR TRIAL 18 - 18 09/24/2014 DEFENDANTS' NOTICE OF TRIALS CURRENTLY SCHEDULED 19 - 20 10/01/2014 DEFENDANT, CHEAR PHOEUNG'S, NOTICE OF SERVING 21 - 21 PROPOSAL FOR SETTLEMENT 10/01/2014 DEFENDANT, JIMMY PHOEUNG'S, NOTICE OF SERVING 22 - 22 PROPOSAL FOR SETTLEMENT 10/07/2014 ORDER OF REFERRAL TO MEDIATION 23 - 26 05/01/2015 PLAINTIFF'S NOTICE OF FILING ATTACHED MEDIATION 27 - 28 REPORT - IMPASSE 05/14/2015 ARBITRATION AND MEDIATION PROGRAM'S NOTICE OF 29 - 29 FINAL DISPOSITION OF REFERRAL - DID NOT REACH AGREEMENT 05/15/2015 DEFENDANT, JIMMY PHOEUNG'S, NOTICE OF SERVING 30 - 30 PROPOSAL FOR SETTLEMENT 05/15/2015 DEFENDANT, CHEAR PHOEUNG'S, NOTICE OF SERVING 31 - 31 PROPOSAL FOR SETTLEMENT 05/22/2015 ORDER SETTING JURY TRIAL AND PRETRIAL CONFERENCE 32 - 41 12/18/2015 PLAINTIFF'S WITNESS AND EXHIBIT LIST 42 - 47 12/22/2015 DEFENDANTS' WITNESS AND EXHIBIT LISTS 48 - 51 01/18/2016 DEFENDANTS' AMENDED WITNESS LIST 52 - 53 01/19/2016 PLAINTIFF'S NOTICE OF VIDEOTAPING INDEPENDENT 54 - 54 MEDICAL EXAMINATION 01/29/2016 PLAINTIFF'S NOTICE OF INTENTION TO USE MEDICAL BILL 55 - 56 SUMMARY 02/16/2016 UNIFORM PRE-TRIAL CONFERENCE ORDER 57 - 59 02/18/2016 PLAINTIFF'S SUPPLEMENTAL EXHIBIT LIST 60 - 60 02/22/2016 PLAINTIFF'S FIRST MOTION IN LIMINE 61 - 62 02/22/2016 PLAINTIFF'S SECOND MOTION IN LIMINE 63 - 64 02/24/2016 PLAINTIFF'S THIRD MOTION IN LIMINE 65 - 69 03/04/2016 PLAINTIFF'S FOURTH MOTION IN LIMINE 70 - 71 03/11/2016 PLAINTIFF'S MOTION FOR DIRECTED VERDICT AND 72 - 75 MEMORANDUM OF LAW IN SUPPORT THEREOF 03/11/2016 COPY CASE LAW 64 So.3d 1201 76 - 87 03/14/2016 JUROR'S QUESTION 88 - 88 03/15/2016 PLAINTIFF'S EXHIBIT NO. 1, IN EVIDENCE, MEDICAL BILLING 89 - 90 SUMMARY, JURY TRIAL: MARCH 15, 2016 03/15/2016 PLAINTIFF'S EXHIBIT NO. 2, IN EVIDENCE, REPAIR ESTIMATE 91 - 95 FOR PLAINTIFF'S VEHICLE, JURY TRIAL: MARCH 15, 2016 03/15/2016 PLAINTIFF'S EXHIBIT NO. 3, IN EVIDENCE, TWO PHOTOS OF 96 - 97 DAMAGE TO NISSAN MAXIMA, JURY TRIAL: MARCH 15, 2016 03/15/2016 PLAINTIFF'S EXHIBIT NO. 4, IN EVIDENCE, PLAINTIFF'S 98 - 150 MEDICAL RECORDS FROM DR. THOMAS TOLLI, JURY TRIAL: MARCH 15, 2016 03/15/2016 PLAINTIFF'S EXHIBIT NO. 5, IN EVIDENCE, PLAINTIFF'S 151 - 180 MEDICAL RECORDS FROM DR. ANTHONY ALBERT, JURY TRIAL: MARCH 15, 2016 03/15/2016 PLAINTIFF'S EXHIBIT NO. 6, IN EVIDENCE, PLAINTIFF'S 181 - 288 MEDICAL RECORDS FROM HOPKINS CLINIC FOR PHYSICAL MEDICINE, JURY TRIAL: MARCH 15, 2016 03/15/2016 PLAINTIFF'S EXHIBIT NO. 7, IN EVIDENCE, PLAINTIFF'S 289 - 311 MEDICAL RECORDS FROM FLORIDA MEDICAL PAIN MANAGEMENT, JURY TRIAL: MARCH 15, 2016 03/15/2016 PLAINTIFF'S EXHIBIT NO. 8, IN EVIDENCE, PLAINTIFF'S 312 - 350 MEDICAL RECORDS FROM TOTAL VITALITY MEDICAL GROUP, JURY TRIAL: MARCH 15, 2016 03/15/2016 PLAINTIFF'S EXHIBIT NO. 9, IN EVIDENCE, PLAINTIFF'S 351 - 483 MEDICAL RECORDS FROM PINELLAS UROLOGY, JURY TRIAL: MARCH 15, 2016 03/15/2016 PLAINTIFF'S EXHIBIT NO. 10, IN EVIDENCE, PLAINTIFF'S 484 - 580 MEDICAL RECORDS FROM NORTHSIDE HOSPITAL, JURY TRIAL: MARCH 15, 2016 03/15/2016 PLAINTIFF'S EXHIBIT NO. 11, IN EVIDENCE, PLAINTIFF'S 581 - 608 MEDICAL RECORDS FROM ADVANCED GASTROENTEROLOGY ASSOCIATES, JURY TRIAL: MARCH 15, 2016 03/15/2016 PLAINTIFF'S EXHIBIT NO. 12, IN EVIDENCE, PLAINTIFF'S 609 - 799 MEDICAL RECORDS FROM LARGO MEDICAL CENTER, JURY TRIAL: MARCH 15, 2016 03/15/2016 PLAINTIFF'S EXHIBIT NO. 13, IN EVIDENCE, PLAINTIFF'S 800 - 815 MEDICAL RECORDS FROM ST. PETE MRI, JURY TRIAL: MARCH 15, 2016 03/15/2016 PLAINTIFF'S EXHIBIT NO. 14, IN EVIDENCE, PLAINTIFF'S 816 - 820 MEDICAL RECORDS FROM PALMS OF PASADENA HOSPITAL, JURY TRIAL: MARCH 15, 2016 03/15/2016 JURY INSTRUCTIONS 821 - 839 03/15/2016 VERDICT FOR PLAINTIFF 840 - 840 03/22/2016 PLAINTIFF'S MOTION FOR ADDITUR AND/OR NEW TRIAL 841 - 843 03/22/2016 COPY CASE LAW 967 So.2d 1088 844 - 858 10/27/2016 ORDER ON PLAINTIFF'S MOTION FOR ADDITUR AND/OR 859 - 859 NEW TRIAL 12/21/2016 FINAL JUDGMENT BK: 19461 PG: 111 860 - 860 01/03/2017 PLAINTIFF'S MOTION TO TAX FEES AND COSTS PURSUANT 861 - 864 TO PROPOSALS FOR SETTLEMENT AND MOTION TO TAX COSTS AS PREVAILING PARTY 01/04/2017 NOTICE OF APPEAL BK: 19475 PG: 470 865 - 867 01/20/2017 NOTICE OF CROSS APPEAL BK: 19521 PG: 689 868 - 869 SECTION 11 CASE SUMMARY CASE NO. 13-011264-CI JAGDEO SUKRAJ § Location: Section 11 Vs. § Judicial Officer:CAMPBELL, PAMELA A.M. CHEAR PHOEUNG, et al § Filed on: 12/09/2013 § Case Number History: § UNIFORM CASE 522013CA011264XXCICI NUMBER: CASE INFORMATION Statistical Closures AUTO NEGLIGENCE - Case Type: 12/21/2016 DISPOSED BY JURY TRIAL CIRCUIT Case 01/03/2017 REOPENED - Status: OTHER Case Flags: NOTICE OF HEARING APPEALED DATE CASE ASSIGNMENT Current Case Assignment Case Number 13-011264-CI Court Section 11 Date Assigned 12/09/2013 Judicial Officer CAMPBELL, PAMELA A.M. PARTY INFORMATION Lead Attorneys PLAINTIFF SUKRAJ, JAGDEO HEALY, ROBERT J, JR Retained 727-323-5848(W) DEFENDANT PHEOUNG, JIMMY BRIDGES, SHELTON S Retained 813-686-8128(W) PHOEUNG, CHEAR BRIDGES, SHELTON S Retained 813-686-8128(W) APPELLANT SUKRAJ, JAGDEO APPELLEE PHEOUNG, JIMMY PHOEUNG, CHEAR DATE EVENTS & ORDERS OF THE COURT INDEX 12/09/2013 CIVIL COVER SHEET - E-FILED 12/09/2013 SUMMONS TO BE ISSUED 12/09/2013 SUMMONS TO BE ISSUED 12/09/2013 NOTICE OF SERVICE OF INTERROGATORIES 12/09/2013 NOTICE OF SERVICE EXPERT INTERROGATORIES 12/09/2013 PAGE 1 OF 6 Printed on 02/15/2017 at 10:18 AM Page 5 SECTION 11 CASE SUMMARY CASE NO. 13-011264-CI REQUEST FOR PRODUCTION 12/09/2013 REQUEST FOR PRODUCTION 12/09/2013 REQUEST FOR ADMISSIONS 12/09/2013 REQUEST FOR ADMISSIONS 12/09/2013 DESIGNATION OF E-MAIL ADDRESS(ES) 12/09/2013 COMPLAINT 12/10/2013 SUMMONS/NOTICE EMAILED TO ATTY/PLTF FOR SERVICE Party:DEFENDANT PHEOUNG, JIMMY; DEFENDANT PHOEUNG, CHEAR 12/11/2013 ADD CASE TO TRAKMAN 02/06/2014 DESIGNATION OF E-MAIL ADDRESS(ES) 02/06/2014 ANSWER OF CHEAR PHOEUNG AND JIMMY PHOEUNG 02/06/2014 CERTIFICATE OF SERVICE (AUTO INTERROGATORIES) 02/06/2014 NOTICE OF DISCLOSURE 03/04/2014 RESPONSE TO REQUEST FOR PRODUCTION 03/11/2014 NOTICE OF SERVICE ANSWERS INTERROGATORIES 03/11/2014 RESPONSE TO REQUEST FOR ADMISSIONS 03/12/2014 RESPONSE TO REQUEST FOR ADMISSIONS 03/13/2014 NOTICE OF SERVICE ANSWERS INTERROGATORIES 03/13/2014 NOTICE OF SERVICE ANSWERS INTERROGATORIES 04/23/2014 DEF/RESP'S MOTION TO COMPEL ANSWERS TO REQUEST FOR ADMISSIONS/INTERROGATORIES 04/23/2014 EXHIBIT (A) LETTE RE: ANSWER TO INTERRGATORIES/ADMISSIONS 05/06/2014 REQUEST FOR COPIES 05/09/2014 NOTICE OF SERVICE ANSWERS INTERROGATORIES PAGE 2 OF 6 Printed on 02/15/2017 at 10:18 AM Page 6 SECTION 11 CASE SUMMARY CASE NO. 13-011264-CI 05/16/2014 NOTICE OF SERVICE OF: SUPPLEMENTAL DISCOVERY TO PLTF 05/19/2014 RESPONSE TO REQUEST FOR ADMISSIONS 05/19/2014 NOT. OF SERV. OF PROPOSAL FOR SETTLEMENT 05/19/2014 NOT. OF SERV. OF PROPOSAL FOR SETTLEMENT 06/05/2014 RESPONSE TO SUPPLEMENTAL REQUEST FOR PRODUCTION 08/19/2014 NOTICE OF TAKING DEPOSITION 08/19/2014 NOTICE OF TAKING DEPOSITION 09/22/2014 PLTF/PET'S MOTION FOR TRIAL 09/24/2014 NOTICE OF TRIAL 10/01/2014 NOT. OF SERV. OF PROPOSAL FOR SETTLEMENT 10/01/2014 NOT. OF SERV. OF PROPOSAL FOR SETTLEMENT 10/07/2014 ORDER OF REFERRAL TO MEDIATION 12/18/2014 NOTICE OF MEDIATION CONFERENCE 042015 9:00 01/28/2015 NOTICE OF CHANGE OF ADDRESS OF COUNSEL 02/27/2015 AMENDED NOTICE MEDIATION CONFERENCE 042915 9:00 05/01/2015 NOTICE OF FILING MEDIATION REPORT 05/14/2015 NOTICE FINAL DISPOSITION OF REFERRAL DID NOT REACH AGREEMENT 05/15/2015 NOT. OF SERV. OF PROPOSAL FOR SETTLEMENT 05/15/2015 NOT. OF SERV. OF PROPOSAL FOR SETTLEMENT 05/22/2015 NOTICE TRIAL/ORDER PRETRIAL CONFERENCE 021616 9:30 AND WEEK OF TRIAL 030716 9:00 PAGE 3 OF 6 Printed on 02/15/2017 at 10:18 AM Page 7 SECTION 11 CASE SUMMARY CASE NO. 13-011264-CI 10/07/2015 NOTICE OF SERVICE EXPERT INTERROGATORIES 12/18/2015 WITNESS LIST (PLTF)/EXHIBIT LIST 12/22/2015 WITNESS LIST (DEFT)/EXHIBIT LIST 01/18/2016 WITNESS LIST AEMNDED 01/18/2016 REQUEST FOR PLAINTIFF TO SUBMIT TO EXAM 01/19/2016 NOTICE OF VIDEOTAPING OF MEDICAL EXAM 01/29/2016 NOTICE OF SERVICE OF: ANSWERS TO EXPERT INTERROGATOREIS AND REQUEST PRODUCTION 01/29/2016 NOTICE OF INTENT TO USE MEDICAL BILL SUMMARY 02/09/2016 NOTICE OF TAKING DEPOSITION (VIDEO) 02/09/2016 NOTICE OF TAKING DEPOSITION 02/16/2016 UNIFORM PRE-TRIAL CONFERENCE ORDER 02/18/2016 LIST OF EXHIBITS SUPPLEMENTAL 02/22/2016 PLTF/PET'S MOTION IN LIMINE (SECOND) 02/22/2016 PLTF/PET'S MOTION IN LIMINE 02/22/2016 NOTICE OF TAKING DEPOSITION 02/23/2016 NOTICE OF TAKING DEPOSITION 02/24/2016 MOTION IN LIMINE Party:PLAINTIFF SUKRAJ, JAGDEO (THIRD) 02/25/2016 NOTICE OF SERVICE ANSWERS INTERROGATORIES (EXPERT) 03/04/2016 MOTION IN LIMINE FOURTH PAGE 4 OF 6 Printed on 02/15/2017 at 10:18 AM Page 8 SECTION 11 CASE SUMMARY CASE NO. 13-011264-CI 03/07/2016 JURY TRIAL - HON CYNTHIA NEWTON 03/07/2016 JURY SWORN - (6) 03/09/2016 NOTICE OF TAKING DEPOSITION (VIDEO) 03/11/2016 PLTF/PET'S MOTION FOR DIRECTED VERDICT AND MEMORANDUM OF LAW IN SUPPORT THEREOF 03/11/2016 EXHIBIT CASE STUDY 03/14/2016 JURY QUESTIONS - (1) 03/15/2016 JURY INSTRUCTIONS 03/15/2016 LIST OF EXHIBITS (PLTF EVIDENCE - BOX 54) 03/15/2016 VERDICT FOR PLAINTIFF 03/15/2016 EVIDENCE - PLAINTIFF'S 03/22/2016 MOTION FOR NEW TRIAL AND ADDITUR 03/22/2016 EXHIBIT WESTLAW 07/13/2016 NOTICE OF HEARING 09/01/16 2:00 09/09/2016 AMENDED NOTICE OF HEARING 091916 2:15 10/27/2016 ORDER DENYING MTN FOR ADDITUR AND/OR NEW TRIAL 10/27/2016 CORRESPONDENCE TO COURT RE: PROPOSED ORDER - RECEIVED BY COURT 102616 12/21/2016 DISPOSED BY JURY TRIAL (SRS DISPO) Vol./Book 19461, 12/21/2016 FINAL JUDGMENT Page 111, 1 pages Instrument# PAGE 5 OF 6 Printed on 02/15/2017 at 10:18 AM Page 9 SECTION 11 CASE SUMMARY CASE NO. 13-011264-CI 2016390604 01/03/2017 CASE REOPENED 01/03/2017 PLTF/PET'S MOTION TO TAX FEES AND COSTS PURSUANT TO PROPOSALS FOR SETTLEMENT AND MOTION TO TAX COSTS AS PREVAILING PARTY 01/04/2017 NOTICE OF APPEAL Party:PLAINTIFF SUKRAJ, JAGDEO 01/04/2017 NOTICE OF APPEAL RECORDED 01/05/2017 LETTER FROM CLERK RE:APPEAL NOTICE TO DCA 01/20/2017 NOTICE OF APPEARANCE AND DESIGNATION OF EMAIL ADDRESS 01/20/2017 NOTICE OF CROSS APPEAL Party:APPELLEE PHEOUNG, JIMMY; APPELLEE PHOEUNG, CHEAR 01/20/2017 NOTICE OF CROSS APPEAL RECORDED 01/23/2017 LETTER FROM 2ND DCA RE: ASSIGN APPEAL NO. 2D17-159 01/23/2017 DCA ORDER: APPELLANT ATTORNEY SHALL FORWARD FILING FEE OR INSOLVENCY BY FEBUARY 9, 2017 01/23/2017 DCA ORDER: APPEAL WILL PROCEED AS A FINAL APPEAL 01/24/2017 LETTER FROM CLERK RE:APPEAL NOTICE TO DCA CROSS APPEAL 01/26/2017 DCA ORDER: APPELLEE TO FORWARD CROSS APPEAL FILING FEE OR INSOLVENCY BY FEBRUARY 8, 2017 OR IT WILL BE STRICKEN DATE FINANCIAL INFORMATION DEFENDANT PHOEUNG, CHEAR Total Charges 4.00 Total Payments and Credits 4.00 Balance Due as of 2/15/2017 0.00 PLAINTIFF SUKRAJ, JAGDEO Total Charges 646.00 Total Payments and Credits 646.00 Balance Due as of 2/15/2017 0.00 PAGE 6 OF 6 Printed on 02/15/2017 at 10:18 AM Page 10 Case Number:l3-011264-CI Electronically Filed 12/09/2013 11:24:03 AM ET IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT IN AND FOR PINELLAS COUNTY FLORIDA CIVIL DIVISION JAGDEO SUKRAJ, Plaintiff, v. CASE NO.: CREARPROEUNG and JIMMY PROEUNG Defendants. --------------------~/ COMPLAINT Plaintiff, JADEO SUKRAJ, files this action against the Defendant CREAR PROEUNG and JIMMY PROEUNG, and alleges as follows: 1. This is an action for damages that exceed fifteen thousand and no/1 00 dollars ($15,000.00). 2. On or about August 18,2013, Defendant, JIMMY PROEUNG, operated a motor vehicle owned by CREAR PROEUNG in Pinellas County, Florida. 3. At that time and place the Defendant JIMMY PROEUNG so negligently operated or maintained the motor vehicle that it collided with Plaintiffs motor vehicle. 4. As a result of JIMMY PROEUNG' s actions, Plaintiff suffered bodily injury and resulting pain and suffering, disability, disfigurement, mental anguish, loss of capacity for the enjoyment of life, loss of wages and loss of future earning capacity, expense of hospitalization, medical and nursing care and treatment, and aggravation of a previously existing condition. The losses are either permanent or continuing and Plaintiff will suffer these losses in the future. Additionally, Plaintiff sustained significant damage to her automobile and lost the use thereof, and she also incurred damages to other property as a result of Defendants' negligence. Page 11 WHEREFORE, Plaintiff demands judgment for damages, costs and prejudgment interest against Defendants, and demands a trial by jury on all issues so triable. Rob t J. e , y, r., Esq. F16rida Bar No: 0173990 SALTER,HEALY,LLC P. 0. Box 10807 St. Petersburg, FL 33733-0807 Telephone: (727)323-5848 Service Email: service@salterhealy.com Attorney for Plaintiff Page 12 Filing# 9997526 Electronically Filed 02/06/2014 03:51:14 PM IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT, IN AND FOR PINELLAS COUNTY, FLORIDA CASE NO.: 13-011264-CI JAGDEO SUKRAJ, Plaintiff, v. CREAR PHOEUNG and JIMMY PHOEUNG, Defendants. ANSWER TO COMPLAINT Defendants, CHEAR PHOEUNG and JIMMY PHOEUNG, file this their answer to Plaintiffs Complaint, and state: 1. Defendants deny the allegations contained in paragraph 1 of Plaintiffs Complaint and demands strict proof thereof. 2. Defendants admit to the allegations contained m paragraph 2 of Plaintiffs Complaint. 3. Defendants deny the allegations contained in paragraph 3 of Plaintiffs Complaint and demands strict proof thereof. 4. Defendants deny the allegations contained in paragraph 1 of Plaintiffs Complaint and demands strict proof thereof. AFFIRMATIVE DEFENSES 5. Defendants affirmatively allege that Plaintiffs damages, if any, were proximately caused by or contributed to by Plaintiffs own negligence, and therefore, the claims of Plaintiff should be either barred or diminished in accordance with the degree of Plaintiffs own negligence. 6. For affirmative defense, at the time of the accident, Plaintiff, JAGDEO SUKRAJ, was not wearing the seatbelts which were provided with her automobile and the failure to use the safety devices was the sole and/or contributing proximate cause of the alleged injuries to the Plaintiff, JAGDEO SUKRAJ, resulting from the alleged accident. Page 13 7. For affirmative defense, Defendants allege that the injuries or damages complained of were as a result of the sole negligence of other Defendants or individuals not a party to this suit and not as a result of any acts or omissions on the part of this Defendant. 8. Defendants allege that Plaintiff had a reasonably available opportunity to mitigate damages, but failed to do so, and any recovery must be reduced by the amount of damages incurred as a result of the Plaintiffs failure to mitigate. 9. Defendants are entitled to a set-off for any payments made by or on behalf of any other defendants, persons, or entities alleged to be responsible for the Plaintiffs injuries. 10. Defendants allege that Plaintiff has received or is entitled to receive PIP benefits and collateral source benefits as defined in Florida statutes, which the jury must consider in determining the amount of damages, if any. 11. For affirmative defense, Defendants allege that at the time and on the occasion set out in the Complaint, Plaintiff was subject to the Florida Automobile Reparations Reform Act and does not have a threshold injury as required by said Act. WHEREFORE, Defendant demands a trial by jury of all issues so triable. I HEREBY CERTIFY that a tme and correct copy of the above and foregoing has been furnished in accordance with the Florida Rule of Judicial Administration 2.516, on this 6th day of February, 2014 to: Robert J. Healy, Jr., Esquire, Salter, Healy, LLC, P.O. Box 10807, St. Petersburg, FL, 33733, Primary E-Mail: service@salterhealy.com. Law Office of GLENN G. GOMER Attorney for Defendant 600 N. West Shore Boulevard, Suite 1001 Tampa, Florida 33609-1135 Telephone: (813) 286-0068 By SHELTON S. BRIDGES Florida Bar No. 330980 Primary E-mail (e-service only): TampaLegalMail@libertymutual.com Secondary E-mail: Shelton.Bridges@libertymutual.com Page 14 Filing# 9997526 Electronically Filed 02/06/2014 03:51:14 PM IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT, IN AND FOR PINELLAS COUNTY, FLORIDA CASE NO.: 13-011264-CI JAGDEO SUKRAJ, Plaintiff, v. CREAR PHOEUNG and JIMMY PHOEUNG, Defendants. -------------------------- I NOTICE OF DISCLOSURE BAR NUMBER: 330980 Pursuant to Florida Rule of Professional Conduct 4-7.9(g)(3), we hereby disclose that the undersigned and allattorneys and staff of the Law Office of Glenn G. Gomer are employees of Liberty Mutual Insurance Company, a member company of the Liberty Mutual Group. Consistent with Rule 4-7.9(g)(3) and the comments to that Rule, which recognize the public policy of not disclosing the existence of insurance coverage to juries, the employment status of the attorneys of this Law Office will not be identified on other pleadings and papers filed in this proceeding. I HEREBY CERTIFY that a true and correct copy of the above and foregoing has been furnished in accordance with the Florida Rule of Judicial Administration 2.516, on this 6th day of February, 2014 to: Robert J. Healy, Jr., Esquire, Salter, Healy, LLC, P.O. Box 10807, St. Petersburg, FL, 33733, Primary E-Mail: service@salterhealy.com. Law Office of GLENN G. GOMER 600 N. West Shore Boulevard, Suite 1001 Tampa, Florida 33609-1135 Telephone: (813) 286-0068 Attorney for Defendant Florida Bar No. 330980 Primary E-mail (e-service only): TampaLegalMail@libertymutual.com Secondary E-mail: Shelton.Bridges@libertymutual.com By SHELTON S. BRIDGES Page 15 Filing# 13843759 Electronically Filed 05/19/2014 05:27:22 PM IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT IN AND FOR PINELLAS COUNTY FLORIDA CIVIL DIVISION JAGDEO SUKRAJ, Plaintiff, v. CASE NO.: 2013- 011264-CI CHEAR PHOEUNG and JIMMY PHOEUNG Defendants. --------------------~/ NOTICE OF SERVING PROPOSAL OF SETTLEMENT PURSUANT TO FLORIDA STATUTE 768.79 AND F.R.C.P. 1.442 TO DEFENDANT Plaintiff, JAGDEO SUKRAJ, by and through undersigned counsel, hereby givess notice that the Defendant JIMMY PHOEUNG was served with a Proposal for Settlement in accordance with and pursuant to Florida Statutes, Section 768.79, and Florida Rule of Civil Procedure 1.442. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy has been sent via eservice to Sheldon S. Bridges Esq., tampalegalmail@libertymutual.com and She 1on.bridges@libertymutual.com, on this I~ day of May, 2014. ***ELECTRONICALLY FILED 5/19/2014 5:27:22 PM: KEN BURKE, CLERK OF THE CIRCUIT COURT, PINELLAS COUNTY*** Page 16 Filing# 13843759 Electronically Filed 05/19/2014 05:27:22 PM IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT IN AND FOR PINELLAS COUNTY FLORIDA CIVIL DIVISION JAGDEO SUKRAJ, Plaintiff, v. CASE NO.: 2013- 011264-CI CHEARPHOEUNG and JIMMY PHOEUNG Defendants. --------------------~/ NOTICE OF SERVING PROPOSAL OF SETTLEMENT PURSUANT TO FLORIDA STATUTE 768.79 AND F.R.C.P. 1.442 TO DEFENDANT Plaintiff, JAGDEO SUKRAJ, by and through undersigned counsel, hereby givess notice that the Defendant, CHEAR PHOEUNG was served with a Proposal for Settlement in accordance with and pursuant to Florida Statutes, Section 768.79, and Florida Rule of Civil Procedure 1.442. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy has been sent via eservice to Sheldon S. Bridges Esq., tampalegalmail@libertymutual.com and S elton.bridges@libertymutual.com, on this \1 day ofMay, 2014. Ro e J. ea y Jr., Esq. Fl rida Bar No: 0173990 SALTER,HEALY,LLC P. 0. Box 10807 St. Petersburg, FL 33733-0807 Telephone: (727)323-5848 Attorney for Plaintiff ***ELECTRONICALLY FILED 5/19/2014 5:27:22 PM: KEN BURKE, CLERK OF THE CIRCUIT COURT, PINELLAS COUNTY*** Page 17 Filing# 18526701 Electronically Filed 09/22/2014 04:26:29 PM IN THE CIRCUIT COURT OF THE SIXTH .JUDICIAL CIRCUIT IN AND FOR I}I~ELLAS COUNTY FLORIDA CIVIL DIVISION JADEO SUKRAJ, Plaintiff. v. NO.: 011264-Cl CHEAR and JIMMY PHOEUNG Defendants. MOTION FOR TRIAL Plaintiff, by counsel undersigned, hereby serves notice that the above-captioned case is at and a jury trial. Plaintiff the Court the trial of this matter and anticipates said trial will take days. I HEREBY CERTIFY that a true and correct copy has S. tampalegalmail@libertymutual.com and this of 14. y,, ., Esq. f'lorica BarNo: 0173990 SALTER, I-lEAL Y, P. 0. Box 10807 Telephone: Attorney for Plaintiff ***ELECTRONICALLY FILED 9/22/2014 4:26:29 PM: KEN BURI '--:.. - ' ' Case No. 13 011264 Cl11 \. :..-'i ·d_,_-;:::-