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DOCKET NO, FBT-CV14-6043491-S : SUPERIOR COURT
DAVID CONFEITEIRO : J.D. OF FAIRFIELD
Vv : AT BRIDGEPORT
‘TATIANA MEZARINA-ROJAS ET AL : OCTOBER 12,2016
DEFENDANTS’ MOTION IN LIMINE
RE: LOST WAGES AND/OR IMPAIRMENT OF EARNING CAPACITY
Pursuant to Practice Book §15-3, the Defendants herein, TATIANA. MEZARINA-ROJAS
and THE NIELSEN COMPANY, hereby move this Honorable Court to prohibit the Plaintiff, and
all other parties or witnesses, from introducing into evidence at trial, or displaying, offering or
making reference to, any and all claims of lost wages ot impairment of earning capacity allegedly
suffered by the Plaintiff as a result of the underlying motor vehicle accident. The Plaintiff has
failed to provide appropriate specifics of such claims, documentation supporting such claims or
timely authorization to obtain such documentation regarding such claims, and if such claims are
allowed to be presented at trial, the Defendant will be significantly prejudiced as a result. In further
support hereof, the Defendant states as follows:
APPLICABLE LAW
“The judicial authority to whom a case has been assigned for trial may in its discretion
entertain a motion in limine made by any patty regarding the admission or exclusion of anticipated
‘LAW OFFICES OF MEEHAN; ROBERTS, TURRET & ROSENBAUM
108 LEIGUS ROAD, 1°* FLOOR, WALLINGFORD, CT 06492 * (203) 294-7800 © JURIS NO. 408308evidence. ... Such motion shall be in writing and shall describe the anticipated evidence and the
prejudice which may result therefrom. ... The judicial authority may grant the telief sought in the
motion ot such other relief as it may deem appropriate, may deny the motion with or without
prejudice to its later renewal, or may teserve decision thereon until a later time in the proceeding.” |
Practice Book §15-3.
As with all evidentiary matters, the court possesses the authority to exclude such evidence
where its prejudicial effect outweighs its probative value. See State v. Morgan, 70 Conn. App. 255,
271-72, cert. denied, 261 Conn, 919 (2002); see also. Otwell v. Bulduc, 76 Conn. App. 775, 796 (2003).
The Defendants herein seck the exclusion from trial of all evidence, and any reference to, any and
all alleged lost wages, or loss of earning capacity, allegedly suffered by the Plaintiff as a result of the
underlying dog bite incident.
As the courts have repeatedly held, damages must be proved with reasonable certainty.
Beverly Hills Concepts v. Schatz & Schatz, 247 Conn. 48, 49 (1998). “In order to remove the
assessment of damages from the realm of speculation, it is necessary to tie the award of damages to
objective verifiable facts that bear a logical relationship to projected future profitability.” (Emphasis
added.) Id., at 76.
“A party who seeks to recover damages. ..[for diminished and/or loss of earning capacity]
must establish a reasonable probability that his injury did bring about a loss of earnings, and must
afford a basis for a reasonable estimate by the trier, court, or jury, of the amount of that loss.”
LAW OFFICES OF MEEHAN, ROBERTS, TURRET & ROSENBAUM
108 LEIGUS ROAD, 15° FLOOR, WALLINGFORD, CT 06492 = (203) 294-7800 * JURIS NO. 408308Bombero v. Marchionne, 11 Conn. App. 485, 489 (1987), quoting Mazzucco v. Krall Coal & Oil
Co., 172 Conn. 355, 360 (1977) (finding that, in a case where the plaintiff admitted that he could
not put a dollar figure on his claim for loss of earnings as a result of the accident, that the issue of
lost eatning capacity was too speculative for submission to the jury).
ARGUMENT
‘The Plaintiff has not fully or timely produced the information or documents required by
standard discovery when making a lost wage and/or loss of earning capacity claim. In his responses
to standard Practice Book form requests for production, in response to requests seeking
employment and tax retum information, the Plaintiff simply states “will be provided” and “tax
retutns will be provided.” See Exhibit A — Plaintiffs responses to requests for production. Despite
this assertion, the Plaintiff has provided only non-timely Tax Returns (not full disclosed until
10/7/2016), and an authorization to obtain employment records on 10/5 2016, with no
employment records whatsoever being provided directly from the Plaintiff, who cleatly would be the}
most effective and efficient source of those documents.
Given that the Plaintiff has not provided sufficient or timely documentation or details
regarding a claim for lost wages and/or impairment of earning capacity, despite his obligation to do
s0, the Defendant has not been fully or fairly appraised of such claims. Required documents have
not been fully or timey provided nor has authorization been provided in a manner that would have
allowed the Defendant an opportunity to independently review and authenticate any documents
LAW OFFICES OF MEEHAN, ROBERTS, TURRET & ROSENBAUM.
108 LEIGUS ROAD, 17 FLOOR, WALLINGFORD, CT 06492 = (203)294-7800 ° JURIS NO. 408308which may exist substantiating those claims. Any reference to lost wages and/ot loss of earning
capacity at trial would therefore be extremely prejudicial to the Defendant and the Plaintiff should
be precluded from offering any evidence as to any claims regarding lost wages or loss of earning
capacity. ©
WHEREFORE, the Defendant moves to preclude the Plaintiff and any other party or
witness from introducing into evidence at trial, or displaying, offering or making reference to,
any and all alleged lost wages, or loss of earning capacity, allegedly suffered by the Plaintiff as a
result of the underlying motor vehicle accident.
THE DEFENDANTS,
TATIANA MEZARINA-ROJAS and
THE NIELSEN COMPANY
By__408236
Alan S. Tobin, Esq.
Law Offices of Meehan, Roberts, Turtet &
Rosenbaum
108 Leigus Road, 1st Floor
Wallingford, CT 06492
Tel. # 203-294-7800
Juris # 408308
‘LAW OFFICES OF MEEHAN, ROBERTS, TURRET & ROSENBAUM
108 LEIGUS ROAD, i*" FLOOR, WALLINGFORD, CT 06492 © (203) 294-7800 * JURISNO. 408308CERTIFICATION
This will certify the foregoing was mailed via U.S. Mail, postage pre-paid or electronically
delivered pursuant to Practiwv Book Section 10-14-00 this 12th day of October, 2016.
for Plainuiff
Joseph S. Dobrowolski, Esq.
51 Elm Street
New Haven, CT 06510
Law Offices of Paul Farren Jr,
129 Whitney Avenue
New Haven, CT 06510
408236
Alan §. Tobin
Commissioner of the Superior Court
LAW OFFICES OF MEEHAN, ROBERTS, TURRET & ROSENBAUM
108 LEIGUS ROAD, 15* FLOOR, WALLINGFORD, CT 06492 © (203)294-7800 © JURIS NO. 408308Exhibit A
LAW OFFICES OF MEEHAN, TURRET & ROSENBAUM
108 LEIGUS ROAD, 1°* FLOOR, WALLINGFORD, CT 06492 © (203)294-7800 * JURISNO. 408308CLAIM OFFICE 0B344140193
CV 14 -6043491S SUPERIOR COURT
DAVID CONFEITEIRO J.D. OF FAIRFIELD
v AT BRIDGEPORT
TATIANA MEEZARINA-ROJAS DECEMBER 1, 2014
The undersigned. on behalf of the defendant, hereby propounds the following
interrogatories to be answered by the plaintiff. DAVID CONFEITEIRO under oath. within
thirty (30) days of the filing hereof insofar as the disclosure sought will be of assistance in the
defense of this action and can be provided by the plaintiff with substantially greater facility than
could otherwisc be obtained.
Definition: “You” shall mean the Plaintiff to whom thesc interrogatories arc directed except
that if suit has been instituted by the representative of the estate of a deccdent. ward or incapable
person unless the context of an interrogatory clearly indicates otherwise,
(1) State the following:
(a) your full name and any other name(s) by which you have been known:
ANSWER: DAVID CONFEITEIRO
(b) your date of birth:
ANSWER: 03/16/1975
(c) your motor vehicle operator's license number:
ANSWER: 038 244 216
(d) your home address
ANSWER: 71 Tavern Rock Rd, Stratford, CT
(€) your business address;
ANSWER: Currently unemployed
(f). if you were not the owner of the subject vehicle, the name and address of the owner or
lessor of the subject vehicle on the date of the alleged occurrence.
ANSWER: Wife Esleiden ConfeiteiroCLAIM OFFICE 0B344140193
(2) Identify and list each injury you claim to have sustained as a result of the incident
alleged in the Complaint.
ANSWER: Diagnosis — Dr. K:
1. Acceleration/deceleration trauma to the cervical spine;
2. Acute Musculoligamentous strain/sprain of thc thoracic and Lumbosacral spine:
3. Jaw complaints / post traumatic TMJ type symptoms
4, Headaches may be Post concussive, Cervicogenic or post traumatic muscle tension type
i Initial 06/13/12 :
in nature;
5. This soft tissue injury is evidence by posterior joint capsule tenderness during motion
palpation as well as myofascial spasm trigger points and hypertonicity which are present
throughout the Para vertebral musculature
6. “Itis unclear at this time whether or not the patient has sustained some sort of disc injury
in the cervical spinc as a result of this trauma.”
Diagnosis Eric J. Ka’ .D.:
1. Acute Musculoligamentous strain, cervical spine
2. Acute later epicondylitis, left elbow,
3. Acute Musculoligamentous strain, Lumbosacral spine;
Diagnosis-Dr. K. Sena :
1. History of being involved ina MVA
2. Headache, diplopia and dizziness;
3. Musculoligamentous strain in the ncck;
4. Right sided occipital neuralgia suspect
Diagnosis- ipow:
C6/7 degenerative disc disease with lear progressing and worsc since MVA
Radiculopathy with Concussive event,
Epidural injections with Dr. Anand with no improvement
Recommendations: C6/7 discectomy
Bridgeport Hosp. Surgery 12/11/2013
Pre-op/ Post-op Surgery diagnosis: Central hcmiated C6-7 disk with cervical radiculopahty
Operation:
. Placcmen tof 10-pound haltcr distraction device;
Anterior cervical diskectomy;
Anterior C6-7 inter body allograft arthrodcsis;
Anterior Cervicat plate construct C6-7
Intraoperative real-time x-ray guidance
WRN =" ouaim OFFICE 0B344140193
(3} When, where and from whom did you first receive treatment for said injuries?
ANSWER: Bridgeport Hosp. ER 06/05/2012 267 Grant St., Bridgeport, CT 06610
(4) If you were treated at a hospital for injuries sustained in the alleged incident, state the name
and location of each hospital and the dates of such treatment and confinement therein.
ANSWER: Bridgeport Hospital 06/05/12 & 01/14/14 Diagnostic X-ray 07/20/14;
Bridgeport Hosp. MRI 11/14/12 & X-ray, and 12/11/2013 Surgery by Dr. Lipow; St.
Vincent's Medical Center ER 07/20/14, 2900 Main St. Stratford, CT 06497; William
Backus Hosp. ER 07/28/2012, 326 Washington St., Norwich, CT 06360; Advanced
Radiology, MRI 12/05/2012 Advanced Radiology MRI 03/26/2013, 297 Boston Post Rd.,
Orange, CT 06477
(5) State the name and address of each physician, therapist or other source of treatment for the
conditions or injuries you sustained as a result of the incident-alleged in your complaint.
ANSWER: Kristen A. Kaczanowski, D.C. 49 Cannon St., Bridgeport, CT 06604; Dr.
Alcedo (Primed) Silver Nicholas Medical, 3 Enterprise Dr. Suite 404, Shelton, CT;
Neurological Specialists Dr. Sena, 2590 Main St. Stratford, CT 06615; Erie Katz, M.D.,
3180 Main St. Bridgeport, CT 06606; Dr. R. Anand, Pain & Welness center 52 Beach Rd.
Suite 204, Fairfield, CT 06824; Dr. Kenneth Lipow, M.D. of CT Neurosurgical Specialists,
267 Grant St. Bridgeport, CT 06610; Patricia Richards, M.D., 1735 Post Rd.Unit #6
Fairfield, CT 06824; John F. Kveton, M.D. 46 Prince St Suite 601, New Haven, CT 06519;
(6) When and from whom did you last receive any medical attention for injuries alleged to have
been sustained as a result of the incident alleged in your Complaint?
ANSWER: Still under care of Dr. Menta/Menta Chiropractic, 9 Research Dr., Milford,
CT 06460 (No bills or reports provided at this time
(7) On what date were you fully recovered from the injuries or conditions alleged in your
Complain?
ANSWER: Not Fully recovered
(8) If youclaim you are not fully recovered state precisely from what injuries or conditions you
are presently suffering?
ANSWER: Unbalanced, cervical pain, headaches, dizziness, nausea
(9) Are you presently under the care of any doctor or other health care provider for the treatment
or injuries alleged to have been sustained as a result of the incident alleged in your Complaint?
ANSWER: Dr. Menta
(10) If the answer to interrogatory #9 is in the affirmative, statc the name and address of each
physician or other health care provider who is treating you.
ANSWER: Dr. Menta
(11) Do you claim any present disability resulting from injuries or conditions allegedly sustained
as a result of the incident alleged in your Complaint?
ANSWER: Yes
(12) If so, state the nature of the disability claimed.
ANSWER: Unbalanced, cervical pain, headaches, dizziness, nauseaCLAIM OFFICE 08344140193
(13) Do you claim any permanent disability resulting from said incident’?
ANSWER: Yes
(14) If the answer to interrogatory #13 is in the affirmative. please answer the following:
ANSWER:
(a) list the parts of your body which are disabled:
ANSWER: Jaw, Cervical, right ear, right hand and hip
(b) fist the motions, activities or use of your body which you have lost or which you have lost
or which you are unable to perform:
ANSWER: Physicul activities, driving walking, sleeping can’t do household chores, unable
to work
(c) __ state the percentage of loss or use claimed us to each part of your body:
ANSWER: Will provide
(d) state the name and address of the person who made the prognosis for permanent disability
and the percentage of loss of use;
ANSWER:
(e) list the date of each such prognosis.
ANSWER:
(15) If you were or are confined to your home or your bed as a result of the injuries or conditions
sustained as a result of the incident alleged in your Complaint. state the dates you were so
confined.
ANSWER: Approx. 1 year and stopped working due to injuries
(16) List each medical report received by you or your attomey relating to your alleged injuries or
conditions by stating the name and address of the treating doctor or other health vare provider
and of any doctor or health care person you anticipate calling as a trial witness who provided
cach such repart and the date thereof.
ANSWER:
(17) List each item of expense which you claim to have incurred as a result of the incident
alleged in your Complaint, the amount thercof and state the name and address of the person or
organization to whom each item has been paid or is payable.
ANSWER: Bridgeport Hospital ER 06/05/12 $ 5,380.00 Bridgeport Radiology 06/05/12
$335.00;Neurological Specialists 06/18 & 06/26/12 (Dr. Sena $ 695.00;
Quest Diagnostic 06/19/12 § 687.85 : Dr. Atcedo (PriMed) 06/21/12 $105.00;
Advanced Radiology MR1 06/21/12 $ 2,148.00 ; William Backus Hosp. ER 07/28/12
$ 569.84: Eric Katz. P.C. Orthopaedic Surgery 09/06 & 11/05/12 $500.00;
Kristen Kaczanowski, D.C. 06/13 - 08/28/12 $3.175.00; Kenneth Lipow, Neurosurgeon
Pending; Advanced Radiology brain MRI 03/26/13 $ 1,170.00:Bridgeport Anesthesia 11/15/13
$910.00;CT Pain & Wellness Dr. Anand 11/15/13 $2.470.00 :Bridgeport Hosp. 12/11/13
surgery$32. 140.80; Patricia Richards, MD $4,545.00: Bridgeport Hosp. 01/14/14 Diagnostic X-
ray $ 825.00: Town of Stratford EMS 07/20/14 to St. Vincent's Hosp $1,040.84; St. Vincent's
Iosp. 07/20/14 $ 4,772.30 John Kveton. EN’. 2.680.00 Total to date $64.149.63 NOTL We
are missing some bills they will be provided upon receipt of same.CLAIM OFFICE 08344140193
(18) For each item of expense identified in response to interrogatory #17. if any such expense, or
portion thereof, has been paid or reimbursed or is reimbursable by an insurer, state as to each
such item of expense, the name of the insurer that made such payment of reimbursement or that
is responsible for such reimbursement.
ANSWER: Medical payment coverage through Allstate ($50,000.00) has been exhausted I
am waiting for a breakdown of all payments they made. As Well As Blue Cross
(19) If, during the ten year period prior to the date of the incident alleged in the Complaint, you
were under a doctor’s care for any conditions which were in any way similar or related to those
identified and listed in your response to Interrogatory #2, statc the nature of said conditions. the
dates on which treatment was received and the name of the doctor or health care providers.
ANSWER: None
(20) If, during the ten ycar period prior to the date of the incident alleged in your Complaint, you
were involved in any incident in which you received personal injuries related to those identified
and listed in your response to Interrogatory #2, pleasc answer the following with respect to cach
such earlier incident:
ANSWER: Not applicable
a. on what date and in what manner did you sustain such injuries?
ANSWER:
b. did you makc a claim against anyone as a result of said accident?
ANSWER:
c. if so, provide the name and address of the person or persons against whom a
claim was made;
ANSWER:
d. if suit was brought, state the name and location of the court, the return date of the
suite and docket number;
ANSWER:
e. state the nature of the injuries received in said accident;
ANSWER:
f. state the name and address of each physician who treated you for said injuries;
ANSWER:
g. statc the dates on which you were so treated:
ANSWER:
h. state the nature of the treatment received on each date;
ANSWER:
i. if you are presently or permanently disabled as a result of said injuries, please state
the nature of such disability the name and address of each physician who diagnosed and
disability and the date of each such diagnosis.
ANSWER:
(21) If you were involvcd in any incident which you received personal injuries since the date of
the incident alleged in the complaint, please answer the following:
ANSWER: None
a. on what date and in what manner did you sustain said injuries?
ANSWER:
b. did you make a claim against anyone as a result of said accident?CLAIM OFFICE 0B344140193
ANSWER:
c. Ifso, provide the name and address of the person or persons against whon1 a claim was
made;
ANSWER:
d If suit was brought, state the name and location of the Court, the return date of the suit and
the docket number;
ANSWER:
e. State the nature of the injuries received in said accident
ANSWER:
f. State the namie and address of each physician who treated you for said injuries
ANSWER:
+g. State the dates on which you so treated;
ANSWER:
h, State the nature of treatment received on each such date;
ANSWER :
i. If you are presently or permanently disabled as a result of said injuries. please state the
nature of such disability, the name and address of each physician who diagnosed ‘said
disability and the date of each such diagnosis.
ANSWER:
(22) Please state the namie and address of any nicdical service provider who has rendered an
opinion in writing or through testimony that you have sustained a permanent disability to any
body part other than those listed in response to Interrogatorics #13, #14, #20, or #21, and;
ANSWER: None
a. list cach such part of your body that has been assessed a perniancnt disability;
ANSWER:
b. state the percentage of Joss of usc assessed as to cach part of your body"
ANSWER:
¢. state the date on which each such assessment was made.
ANSWER:
(23) If you claim that as a result of the incident alleged in your Complaint you were prevented
from following your usual occupation, otherwise fost time from work, please provide the
following information.
ANSWER:
a. the name and address of your cmploycr on the date of the incident alleged in the Complaint;
ANSWER: Andy Lopes Building Corp., 3 South Stone Ave #2, Elmsford, NY 10528
b. the nature of your occupation and precise description of your job responsibilitics with said
employer on the date of the incident alleged in the complain;
ANSWER: Carpenter-Foreman
©, your average, weekly earnings, salary or income received from said employment for the year
preceding the date of the incident alleged in the complaint;
ANSWER: Approx. 2,000.00 per weekCLAIM OFFICE 0B344140193
d.the date following the date of the incident alleged in the Complaint on which you resumed the
duties of said employment;
ANSWER: Unable to return
e. what loss of income do you claim as a result of the incident alleged in your Complaint and
how is said loss computed?
ANSWER: Stopped work 06/01/13 to date (12/01/14 ) applied for Disability 04/29/14
76 weeks x 2,000.00 = $152,000.00
f£.The dates on which you were unable to perform the duties of your occupation and lost time
from work as a result of injurics or condition claimed to have been sustained as 2 result of the
incident alleged in your complaint
ANSWER Unable to work
g.The name and addresses of each employer for whom you workcd for threc years prior to the
date of incident alleged in your Complaint.
ANSWER:
(24) Do you claim an impairment of earning capacity?
ANSWER: yes
(25) List any other expenses or loss and the amount thereof not already sct forth und which you
claim to have incurred as a result of the incident alleged in your Complaint,
ANSWER: None at this time
(26) If you have signed a covenant not to suc, a release or discharge of any claim you had, have
or may have against any person, corporation or other entity as a result of the incident alleged in
your Complaint, pleasc state in whosc favor it was given, the date thereof and the consideration
paid 10 you for giving in,
ANSWER: no
(27) If you or anyone on your behalf agrecd or made an agreement with any person, corporation
or other entity to limit in any way the liability of such person, corporation or other entity asa
result of any claim you have or may have as a result of the incident alleged in your Complaint,
please state in whose favor it was given, the date thereof and the considcration paid to you for
giving it.
ANSWER: No
(28) If since the datc of the incident alleged in your Complaint, you have made any claims for
Workers’ Compensation benefits, statc the nature of such claimed the dates on which they were
made.
ANSWER: none
(29) Have you made any statements as defined in practice Book Section 13-1, to any person
regarding any of the events or happenings alleged in your Complaint?
COMMENT: This interrogatory is intended to include party statements made to a
representative of an insurance company prior to involvement of defenseCLAIM OFFICE 08344140193
ANSWER: None
(30) State the name and addresses of all persons known to you who were present at the time of
the incident alleged in your Complaint or who observed or witnessed all or part of the accident.
ANSWER: None known
(31) As to each individual named in response to Interrogatory #30, state whether to your
knowledge, or knowledge of your attorney, such individual has given any statement or
statements as defined in Practice Book Section 13-1 concerning the subject matter of your
Complaint or alleged injuries. {f your answer to this interrogatory is affirmative, state also
ANSWER: None known
a. the date on which such statement or statements were taken;
ANSWER:
b. the names and addresses of the person or persons who took such statements of statements;
ANSWER:
€, the names and addresses of any person or persons present when such slatement or
Statements were taken;
ANSWER:
d. whether such statenient or statements were written, made by recording device or taken by
court reporter or stenographer;
ANSWER:
e. the name and address of any person or persons having custody or a copy or copies of such
statement or statements.
ANSWER;
(32)Are you aware of any photographs depicting the accident scene, any veliicte involved in the
incident alleged in the Complaint or any condition or injury alleged to have been caused by the
incident alleged in the Coniplaint? If so for each set of photographs taken of cach such subject by
each photographer, please state:
ANSWER: Will be provided
a. the name and address of the photographer other that an expert who will not testify at
trial
ANSWER:
b. the dates on which such photographs were taken;
ANSWER:
c. the subject (e.g. Plaintiff's vehicle, “ “Scene” , etc);
ANSWER :
d. the number of photographs.
ANSWER:
(33) If you were the operator of any motor vehicle involved in the incident that is the subject of
this action, please state whether you consumed or used any alcoholic beverages, drugs or
medications within the eight hour next preceding the time of the incident alleged in thc
Complaint and if so, indicate what you consumed or used and how much you consumed and
when.
ANSWER: NoneCLAIM OFFICE 08344140193
(34) Please state whether, within cight hours after the incident alleged in the Complaint, any
testing was performed to determine the presence of alcohol, drugs’ or other medication in your
blood and if so, state:
a. the name and address of the hospital, person or entity performing such test or screcn;
b. the date and time;
ce. the results.
ANSWER: none consumed
DEFENDANT'S REQUEST FOR PRODUCTION
The defendant(s) hereby request(s) that the Plaintiff provide counscl of the Defendant(s) with
copies of the documents described in the following requests for production or afford counsel for
said Defendant(s) the opportunity or, whcre requested, sufficient written authorization to inspect,
copy photograph or otherwise reproduce said documents. The production of such documents,
copics of writtcn authorization shall take piacc at the offices of not later than (30) days after
the service and requests for Production.
1. All hospital records relating to treatment received as a result of the
alleged incident and to injuries, diseascs or defects to which reference is
made in the answers to Interrogatorics #19, 420,421 ,and 22, or written
authorization, sufficient to comply with the provisions of Health
Insurance Portability and Accountability Act to inspect and make copics
of said hospital records, information obtained pursuant to provisions of
HIPAA shail not be used or disclosed by the parties for any purpose
other than the litigation or proceeding for which such information is
requestcd.CLAIM OFFICE
ANSWER: Enclosed
2.
05344140193
All reports and records of all doctors and all other care providers relating
to treatment allegedly received by the Plaintiff(s) as a result of the
‘alleged incident and to the injuries, discases or defects to which
reference is made in the answers to Interrogatories #19,#20,#21, and #22
(exclusive of any records prepared or maintained by a licensed
psychiatrist or psychologist) or written authorization sufficient 10 comply
with provisions of the Health Insurance Portability and accountability
Act to inspect and make copies of said reports. Information obtained
pursuant to the provisions of I1IPAA shall no be used or disclosed by the
parties. for any purpose other than the litigation or proceeding. for which
such information is requested,
ANSWER: Treatment notes & reports enclosed
a
3.
Copies of or sufficient written authorization 1o inspect and make copies
ofthe wage and employment records of all employers of the plaintiff(s)
for three years prior to the date of the incident and for all years
subsequent 10 the date of the incident to and including the date hereof
ANSWER : Will be provided
4.
Ifa claim of impaired earning capacity or lost wages is being alleged,
provide copies of or sufficient written authorization to obtain copics of
that part of all income tax returns, relating to lost income filed by the
Plaintiff(s) for a period of three years prior to the date of the incident and
for all years subsequent to the date of the incident through the time of
tial.
ANSWER: Tax returns will be provided
ANSWER:
5.
All property damage bills that arc claimed to have been incurred as a
result of this incident.
All medical bills that are claimed to have been incurred as a result of this
incident or written authorization, sufficient to comply with the provisionsCLAIM OFFICE
0B344140193
of the health Insurance Portability and Accountability Act to inspect and
makc copies of said medical bills. Information obtained pursuant to the
provisions of HIPAA shall not be used or disclosed by the partics for any
purpose other than the litigation or procecding for which such
information is requested,
ANSWER: Enclosed as noted will provide additional as they are provided by providers
7. All bills for each item of expense that is claimed to have been incurred in
the answer 10 Interrogatory #18 and not already provided in response to #4
and #6 above.
ANSWER: enclosed
8. Copies of all documentation of claims of right to reimbursement
provided to the Plaintiff by third party payors and copies of or written
authorization sufficient to comply with provisions of Health insurance
Portability and Accountability Act to obtain any and all documentation of
payments made by a third party for medical services reccived or
premiums paid (o obtain such payment. Information obtained pursuant to
the provisions of HIPAA shall not be uscd or disclosed by the partics for
any purpose other than the litigation or procecding for which such
information is requested.
ANSWER: none at this time
9. A copy of any no privileged statcment as defincd in practice book section
13-1 of any party in this law suit concerning this action or its subjcet
matter.
ANSWER: None known
10. Any and all photographs identificd in responsc to interrogatory #32,
ANSWER: will be providedCLAIM OFFICE 08344140193
11. A eopy of all reeords of blood alcohol testing or drug screens referred to
in answer to interrogatory #35, or a signed authorization, sufficient to
comply with the provisions of the Health Insurance Portability and
Accountability Act or those Public Health Service Act whichever is
applicable to obtain the same. Information obtained pursuant to the
provisions of HIPAA or the Public Health Service Act shali not be used
or disclosed by the parties for any purpose other than the litigation or
proceeding for which such information is requested.
ANSWER: Not applicable
Preview
DOCKET NO, FBT-CV14-6043491-S : SUPERIOR COURT DAVID CONFEITEIRO : J.D. OF FAIRFIELD Vv : AT BRIDGEPORT ‘TATIANA MEZARINA-ROJAS ET AL : OCTOBER 12,2016 DEFENDANTS’ MOTION IN LIMINE RE: LOST WAGES AND/OR IMPAIRMENT OF EARNING CAPACITY Pursuant to Practice Book §15-3, the Defendants herein, TATIANA. MEZARINA-ROJAS and THE NIELSEN COMPANY, hereby move this Honorable Court to prohibit the Plaintiff, and all other parties or witnesses, from introducing into evidence at trial, or displaying, offering or making reference to, any and all claims of lost wages ot impairment of earning capacity allegedly suffered by the Plaintiff as a result of the underlying motor vehicle accident. The Plaintiff has failed to provide appropriate specifics of such claims, documentation supporting such claims or timely authorization to obtain such documentation regarding such claims, and if such claims are allowed to be presented at trial, the Defendant will be significantly prejudiced as a result. In further support hereof, the Defendant states as follows: APPLICABLE LAW “The judicial authority to whom a case has been assigned for trial may in its discretion entertain a motion in limine made by any patty regarding the admission or exclusion of anticipated ‘LAW OFFICES OF MEEHAN; ROBERTS, TURRET & ROSENBAUM 108 LEIGUS ROAD, 1°* FLOOR, WALLINGFORD, CT 06492 * (203) 294-7800 © JURIS NO. 408308evidence. ... Such motion shall be in writing and shall describe the anticipated evidence and the prejudice which may result therefrom. ... The judicial authority may grant the telief sought in the motion ot such other relief as it may deem appropriate, may deny the motion with or without prejudice to its later renewal, or may teserve decision thereon until a later time in the proceeding.” | Practice Book §15-3. As with all evidentiary matters, the court possesses the authority to exclude such evidence where its prejudicial effect outweighs its probative value. See State v. Morgan, 70 Conn. App. 255, 271-72, cert. denied, 261 Conn, 919 (2002); see also. Otwell v. Bulduc, 76 Conn. App. 775, 796 (2003). The Defendants herein seck the exclusion from trial of all evidence, and any reference to, any and all alleged lost wages, or loss of earning capacity, allegedly suffered by the Plaintiff as a result of the underlying dog bite incident. As the courts have repeatedly held, damages must be proved with reasonable certainty. Beverly Hills Concepts v. Schatz & Schatz, 247 Conn. 48, 49 (1998). “In order to remove the assessment of damages from the realm of speculation, it is necessary to tie the award of damages to objective verifiable facts that bear a logical relationship to projected future profitability.” (Emphasis added.) Id., at 76. “A party who seeks to recover damages. ..[for diminished and/or loss of earning capacity] must establish a reasonable probability that his injury did bring about a loss of earnings, and must afford a basis for a reasonable estimate by the trier, court, or jury, of the amount of that loss.” LAW OFFICES OF MEEHAN, ROBERTS, TURRET & ROSENBAUM 108 LEIGUS ROAD, 15° FLOOR, WALLINGFORD, CT 06492 = (203) 294-7800 * JURIS NO. 408308Bombero v. Marchionne, 11 Conn. App. 485, 489 (1987), quoting Mazzucco v. Krall Coal & Oil Co., 172 Conn. 355, 360 (1977) (finding that, in a case where the plaintiff admitted that he could not put a dollar figure on his claim for loss of earnings as a result of the accident, that the issue of lost eatning capacity was too speculative for submission to the jury). ARGUMENT ‘The Plaintiff has not fully or timely produced the information or documents required by standard discovery when making a lost wage and/or loss of earning capacity claim. In his responses to standard Practice Book form requests for production, in response to requests seeking employment and tax retum information, the Plaintiff simply states “will be provided” and “tax retutns will be provided.” See Exhibit A — Plaintiffs responses to requests for production. Despite this assertion, the Plaintiff has provided only non-timely Tax Returns (not full disclosed until 10/7/2016), and an authorization to obtain employment records on 10/5 2016, with no employment records whatsoever being provided directly from the Plaintiff, who cleatly would be the} most effective and efficient source of those documents. Given that the Plaintiff has not provided sufficient or timely documentation or details regarding a claim for lost wages and/or impairment of earning capacity, despite his obligation to do s0, the Defendant has not been fully or fairly appraised of such claims. Required documents have not been fully or timey provided nor has authorization been provided in a manner that would have allowed the Defendant an opportunity to independently review and authenticate any documents LAW OFFICES OF MEEHAN, ROBERTS, TURRET & ROSENBAUM. 108 LEIGUS ROAD, 17 FLOOR, WALLINGFORD, CT 06492 = (203)294-7800 ° JURIS NO. 408308which may exist substantiating those claims. Any reference to lost wages and/ot loss of earning capacity at trial would therefore be extremely prejudicial to the Defendant and the Plaintiff should be precluded from offering any evidence as to any claims regarding lost wages or loss of earning capacity. © WHEREFORE, the Defendant moves to preclude the Plaintiff and any other party or witness from introducing into evidence at trial, or displaying, offering or making reference to, any and all alleged lost wages, or loss of earning capacity, allegedly suffered by the Plaintiff as a result of the underlying motor vehicle accident. THE DEFENDANTS, TATIANA MEZARINA-ROJAS and THE NIELSEN COMPANY By__408236 Alan S. Tobin, Esq. Law Offices of Meehan, Roberts, Turtet & Rosenbaum 108 Leigus Road, 1st Floor Wallingford, CT 06492 Tel. # 203-294-7800 Juris # 408308 ‘LAW OFFICES OF MEEHAN, ROBERTS, TURRET & ROSENBAUM 108 LEIGUS ROAD, i*" FLOOR, WALLINGFORD, CT 06492 © (203) 294-7800 * JURISNO. 408308CERTIFICATION This will certify the foregoing was mailed via U.S. Mail, postage pre-paid or electronically delivered pursuant to Practiwv Book Section 10-14-00 this 12th day of October, 2016. for Plainuiff Joseph S. Dobrowolski, Esq. 51 Elm Street New Haven, CT 06510 Law Offices of Paul Farren Jr, 129 Whitney Avenue New Haven, CT 06510 408236 Alan §. Tobin Commissioner of the Superior Court LAW OFFICES OF MEEHAN, ROBERTS, TURRET & ROSENBAUM 108 LEIGUS ROAD, 15* FLOOR, WALLINGFORD, CT 06492 © (203)294-7800 © JURIS NO. 408308Exhibit A LAW OFFICES OF MEEHAN, TURRET & ROSENBAUM 108 LEIGUS ROAD, 1°* FLOOR, WALLINGFORD, CT 06492 © (203)294-7800 * JURISNO. 408308CLAIM OFFICE 0B344140193 CV 14 -6043491S SUPERIOR COURT DAVID CONFEITEIRO J.D. OF FAIRFIELD v AT BRIDGEPORT TATIANA MEEZARINA-ROJAS DECEMBER 1, 2014 The undersigned. on behalf of the defendant, hereby propounds the following interrogatories to be answered by the plaintiff. DAVID CONFEITEIRO under oath. within thirty (30) days of the filing hereof insofar as the disclosure sought will be of assistance in the defense of this action and can be provided by the plaintiff with substantially greater facility than could otherwisc be obtained. Definition: “You” shall mean the Plaintiff to whom thesc interrogatories arc directed except that if suit has been instituted by the representative of the estate of a deccdent. ward or incapable person unless the context of an interrogatory clearly indicates otherwise, (1) State the following: (a) your full name and any other name(s) by which you have been known: ANSWER: DAVID CONFEITEIRO (b) your date of birth: ANSWER: 03/16/1975 (c) your motor vehicle operator's license number: ANSWER: 038 244 216 (d) your home address ANSWER: 71 Tavern Rock Rd, Stratford, CT (€) your business address; ANSWER: Currently unemployed (f). if you were not the owner of the subject vehicle, the name and address of the owner or lessor of the subject vehicle on the date of the alleged occurrence. ANSWER: Wife Esleiden ConfeiteiroCLAIM OFFICE 0B344140193 (2) Identify and list each injury you claim to have sustained as a result of the incident alleged in the Complaint. ANSWER: Diagnosis — Dr. K: 1. Acceleration/deceleration trauma to the cervical spine; 2. Acute Musculoligamentous strain/sprain of thc thoracic and Lumbosacral spine: 3. Jaw complaints / post traumatic TMJ type symptoms 4, Headaches may be Post concussive, Cervicogenic or post traumatic muscle tension type i Initial 06/13/12 : in nature; 5. This soft tissue injury is evidence by posterior joint capsule tenderness during motion palpation as well as myofascial spasm trigger points and hypertonicity which are present throughout the Para vertebral musculature 6. “Itis unclear at this time whether or not the patient has sustained some sort of disc injury in the cervical spinc as a result of this trauma.” Diagnosis Eric J. Ka’ .D.: 1. Acute Musculoligamentous strain, cervical spine 2. Acute later epicondylitis, left elbow, 3. Acute Musculoligamentous strain, Lumbosacral spine; Diagnosis-Dr. K. Sena : 1. History of being involved ina MVA 2. Headache, diplopia and dizziness; 3. Musculoligamentous strain in the ncck; 4. Right sided occipital neuralgia suspect Diagnosis- ipow: C6/7 degenerative disc disease with lear progressing and worsc since MVA Radiculopathy with Concussive event, Epidural injections with Dr. Anand with no improvement Recommendations: C6/7 discectomy Bridgeport Hosp. Surgery 12/11/2013 Pre-op/ Post-op Surgery diagnosis: Central hcmiated C6-7 disk with cervical radiculopahty Operation: . Placcmen tof 10-pound haltcr distraction device; Anterior cervical diskectomy; Anterior C6-7 inter body allograft arthrodcsis; Anterior Cervicat plate construct C6-7 Intraoperative real-time x-ray guidance WRN =" ouaim OFFICE 0B344140193 (3} When, where and from whom did you first receive treatment for said injuries? ANSWER: Bridgeport Hosp. ER 06/05/2012 267 Grant St., Bridgeport, CT 06610 (4) If you were treated at a hospital for injuries sustained in the alleged incident, state the name and location of each hospital and the dates of such treatment and confinement therein. ANSWER: Bridgeport Hospital 06/05/12 & 01/14/14 Diagnostic X-ray 07/20/14; Bridgeport Hosp. MRI 11/14/12 & X-ray, and 12/11/2013 Surgery by Dr. Lipow; St. Vincent's Medical Center ER 07/20/14, 2900 Main St. Stratford, CT 06497; William Backus Hosp. ER 07/28/2012, 326 Washington St., Norwich, CT 06360; Advanced Radiology, MRI 12/05/2012 Advanced Radiology MRI 03/26/2013, 297 Boston Post Rd., Orange, CT 06477 (5) State the name and address of each physician, therapist or other source of treatment for the conditions or injuries you sustained as a result of the incident-alleged in your complaint. ANSWER: Kristen A. Kaczanowski, D.C. 49 Cannon St., Bridgeport, CT 06604; Dr. Alcedo (Primed) Silver Nicholas Medical, 3 Enterprise Dr. Suite 404, Shelton, CT; Neurological Specialists Dr. Sena, 2590 Main St. Stratford, CT 06615; Erie Katz, M.D., 3180 Main St. Bridgeport, CT 06606; Dr. R. Anand, Pain & Welness center 52 Beach Rd. Suite 204, Fairfield, CT 06824; Dr. Kenneth Lipow, M.D. of CT Neurosurgical Specialists, 267 Grant St. Bridgeport, CT 06610; Patricia Richards, M.D., 1735 Post Rd.Unit #6 Fairfield, CT 06824; John F. Kveton, M.D. 46 Prince St Suite 601, New Haven, CT 06519; (6) When and from whom did you last receive any medical attention for injuries alleged to have been sustained as a result of the incident alleged in your Complaint? ANSWER: Still under care of Dr. Menta/Menta Chiropractic, 9 Research Dr., Milford, CT 06460 (No bills or reports provided at this time (7) On what date were you fully recovered from the injuries or conditions alleged in your Complain? ANSWER: Not Fully recovered (8) If youclaim you are not fully recovered state precisely from what injuries or conditions you are presently suffering? ANSWER: Unbalanced, cervical pain, headaches, dizziness, nausea (9) Are you presently under the care of any doctor or other health care provider for the treatment or injuries alleged to have been sustained as a result of the incident alleged in your Complaint? ANSWER: Dr. Menta (10) If the answer to interrogatory #9 is in the affirmative, statc the name and address of each physician or other health care provider who is treating you. ANSWER: Dr. Menta (11) Do you claim any present disability resulting from injuries or conditions allegedly sustained as a result of the incident alleged in your Complaint? ANSWER: Yes (12) If so, state the nature of the disability claimed. ANSWER: Unbalanced, cervical pain, headaches, dizziness, nauseaCLAIM OFFICE 08344140193 (13) Do you claim any permanent disability resulting from said incident’? ANSWER: Yes (14) If the answer to interrogatory #13 is in the affirmative. please answer the following: ANSWER: (a) list the parts of your body which are disabled: ANSWER: Jaw, Cervical, right ear, right hand and hip (b) fist the motions, activities or use of your body which you have lost or which you have lost or which you are unable to perform: ANSWER: Physicul activities, driving walking, sleeping can’t do household chores, unable to work (c) __ state the percentage of loss or use claimed us to each part of your body: ANSWER: Will provide (d) state the name and address of the person who made the prognosis for permanent disability and the percentage of loss of use; ANSWER: (e) list the date of each such prognosis. ANSWER: (15) If you were or are confined to your home or your bed as a result of the injuries or conditions sustained as a result of the incident alleged in your Complaint. state the dates you were so confined. ANSWER: Approx. 1 year and stopped working due to injuries (16) List each medical report received by you or your attomey relating to your alleged injuries or conditions by stating the name and address of the treating doctor or other health vare provider and of any doctor or health care person you anticipate calling as a trial witness who provided cach such repart and the date thereof. ANSWER: (17) List each item of expense which you claim to have incurred as a result of the incident alleged in your Complaint, the amount thercof and state the name and address of the person or organization to whom each item has been paid or is payable. ANSWER: Bridgeport Hospital ER 06/05/12 $ 5,380.00 Bridgeport Radiology 06/05/12 $335.00;Neurological Specialists 06/18 & 06/26/12 (Dr. Sena $ 695.00; Quest Diagnostic 06/19/12 § 687.85 : Dr. Atcedo (PriMed) 06/21/12 $105.00; Advanced Radiology MR1 06/21/12 $ 2,148.00 ; William Backus Hosp. ER 07/28/12 $ 569.84: Eric Katz. P.C. Orthopaedic Surgery 09/06 & 11/05/12 $500.00; Kristen Kaczanowski, D.C. 06/13 - 08/28/12 $3.175.00; Kenneth Lipow, Neurosurgeon Pending; Advanced Radiology brain MRI 03/26/13 $ 1,170.00:Bridgeport Anesthesia 11/15/13 $910.00;CT Pain & Wellness Dr. Anand 11/15/13 $2.470.00 :Bridgeport Hosp. 12/11/13 surgery$32. 140.80; Patricia Richards, MD $4,545.00: Bridgeport Hosp. 01/14/14 Diagnostic X- ray $ 825.00: Town of Stratford EMS 07/20/14 to St. Vincent's Hosp $1,040.84; St. Vincent's Iosp. 07/20/14 $ 4,772.30 John Kveton. EN’. 2.680.00 Total to date $64.149.63 NOTL We are missing some bills they will be provided upon receipt of same.CLAIM OFFICE 08344140193 (18) For each item of expense identified in response to interrogatory #17. if any such expense, or portion thereof, has been paid or reimbursed or is reimbursable by an insurer, state as to each such item of expense, the name of the insurer that made such payment of reimbursement or that is responsible for such reimbursement. ANSWER: Medical payment coverage through Allstate ($50,000.00) has been exhausted I am waiting for a breakdown of all payments they made. As Well As Blue Cross (19) If, during the ten year period prior to the date of the incident alleged in the Complaint, you were under a doctor’s care for any conditions which were in any way similar or related to those identified and listed in your response to Interrogatory #2, statc the nature of said conditions. the dates on which treatment was received and the name of the doctor or health care providers. ANSWER: None (20) If, during the ten ycar period prior to the date of the incident alleged in your Complaint, you were involved in any incident in which you received personal injuries related to those identified and listed in your response to Interrogatory #2, pleasc answer the following with respect to cach such earlier incident: ANSWER: Not applicable a. on what date and in what manner did you sustain such injuries? ANSWER: b. did you makc a claim against anyone as a result of said accident? ANSWER: c. if so, provide the name and address of the person or persons against whom a claim was made; ANSWER: d. if suit was brought, state the name and location of the court, the return date of the suite and docket number; ANSWER: e. state the nature of the injuries received in said accident; ANSWER: f. state the name and address of each physician who treated you for said injuries; ANSWER: g. statc the dates on which you were so treated: ANSWER: h. state the nature of the treatment received on each date; ANSWER: i. if you are presently or permanently disabled as a result of said injuries, please state the nature of such disability the name and address of each physician who diagnosed and disability and the date of each such diagnosis. ANSWER: (21) If you were involvcd in any incident which you received personal injuries since the date of the incident alleged in the complaint, please answer the following: ANSWER: None a. on what date and in what manner did you sustain said injuries? ANSWER: b. did you make a claim against anyone as a result of said accident?CLAIM OFFICE 0B344140193 ANSWER: c. Ifso, provide the name and address of the person or persons against whon1 a claim was made; ANSWER: d If suit was brought, state the name and location of the Court, the return date of the suit and the docket number; ANSWER: e. State the nature of the injuries received in said accident ANSWER: f. State the namie and address of each physician who treated you for said injuries ANSWER: +g. State the dates on which you so treated; ANSWER: h, State the nature of treatment received on each such date; ANSWER : i. If you are presently or permanently disabled as a result of said injuries. please state the nature of such disability, the name and address of each physician who diagnosed ‘said disability and the date of each such diagnosis. ANSWER: (22) Please state the namie and address of any nicdical service provider who has rendered an opinion in writing or through testimony that you have sustained a permanent disability to any body part other than those listed in response to Interrogatorics #13, #14, #20, or #21, and; ANSWER: None a. list cach such part of your body that has been assessed a perniancnt disability; ANSWER: b. state the percentage of Joss of usc assessed as to cach part of your body" ANSWER: ¢. state the date on which each such assessment was made. ANSWER: (23) If you claim that as a result of the incident alleged in your Complaint you were prevented from following your usual occupation, otherwise fost time from work, please provide the following information. ANSWER: a. the name and address of your cmploycr on the date of the incident alleged in the Complaint; ANSWER: Andy Lopes Building Corp., 3 South Stone Ave #2, Elmsford, NY 10528 b. the nature of your occupation and precise description of your job responsibilitics with said employer on the date of the incident alleged in the complain; ANSWER: Carpenter-Foreman ©, your average, weekly earnings, salary or income received from said employment for the year preceding the date of the incident alleged in the complaint; ANSWER: Approx. 2,000.00 per weekCLAIM OFFICE 0B344140193 d.the date following the date of the incident alleged in the Complaint on which you resumed the duties of said employment; ANSWER: Unable to return e. what loss of income do you claim as a result of the incident alleged in your Complaint and how is said loss computed? ANSWER: Stopped work 06/01/13 to date (12/01/14 ) applied for Disability 04/29/14 76 weeks x 2,000.00 = $152,000.00 f£.The dates on which you were unable to perform the duties of your occupation and lost time from work as a result of injurics or condition claimed to have been sustained as 2 result of the incident alleged in your complaint ANSWER Unable to work g.The name and addresses of each employer for whom you workcd for threc years prior to the date of incident alleged in your Complaint. ANSWER: (24) Do you claim an impairment of earning capacity? ANSWER: yes (25) List any other expenses or loss and the amount thereof not already sct forth und which you claim to have incurred as a result of the incident alleged in your Complaint, ANSWER: None at this time (26) If you have signed a covenant not to suc, a release or discharge of any claim you had, have or may have against any person, corporation or other entity as a result of the incident alleged in your Complaint, pleasc state in whosc favor it was given, the date thereof and the consideration paid 10 you for giving in, ANSWER: no (27) If you or anyone on your behalf agrecd or made an agreement with any person, corporation or other entity to limit in any way the liability of such person, corporation or other entity asa result of any claim you have or may have as a result of the incident alleged in your Complaint, please state in whose favor it was given, the date thereof and the considcration paid to you for giving it. ANSWER: No (28) If since the datc of the incident alleged in your Complaint, you have made any claims for Workers’ Compensation benefits, statc the nature of such claimed the dates on which they were made. ANSWER: none (29) Have you made any statements as defined in practice Book Section 13-1, to any person regarding any of the events or happenings alleged in your Complaint? COMMENT: This interrogatory is intended to include party statements made to a representative of an insurance company prior to involvement of defenseCLAIM OFFICE 08344140193 ANSWER: None (30) State the name and addresses of all persons known to you who were present at the time of the incident alleged in your Complaint or who observed or witnessed all or part of the accident. ANSWER: None known (31) As to each individual named in response to Interrogatory #30, state whether to your knowledge, or knowledge of your attorney, such individual has given any statement or statements as defined in Practice Book Section 13-1 concerning the subject matter of your Complaint or alleged injuries. {f your answer to this interrogatory is affirmative, state also ANSWER: None known a. the date on which such statement or statements were taken; ANSWER: b. the names and addresses of the person or persons who took such statements of statements; ANSWER: €, the names and addresses of any person or persons present when such slatement or Statements were taken; ANSWER: d. whether such statenient or statements were written, made by recording device or taken by court reporter or stenographer; ANSWER: e. the name and address of any person or persons having custody or a copy or copies of such statement or statements. ANSWER; (32)Are you aware of any photographs depicting the accident scene, any veliicte involved in the incident alleged in the Complaint or any condition or injury alleged to have been caused by the incident alleged in the Coniplaint? If so for each set of photographs taken of cach such subject by each photographer, please state: ANSWER: Will be provided a. the name and address of the photographer other that an expert who will not testify at trial ANSWER: b. the dates on which such photographs were taken; ANSWER: c. the subject (e.g. Plaintiff's vehicle, “ “Scene” , etc); ANSWER : d. the number of photographs. ANSWER: (33) If you were the operator of any motor vehicle involved in the incident that is the subject of this action, please state whether you consumed or used any alcoholic beverages, drugs or medications within the eight hour next preceding the time of the incident alleged in thc Complaint and if so, indicate what you consumed or used and how much you consumed and when. ANSWER: NoneCLAIM OFFICE 08344140193 (34) Please state whether, within cight hours after the incident alleged in the Complaint, any testing was performed to determine the presence of alcohol, drugs’ or other medication in your blood and if so, state: a. the name and address of the hospital, person or entity performing such test or screcn; b. the date and time; ce. the results. ANSWER: none consumed DEFENDANT'S REQUEST FOR PRODUCTION The defendant(s) hereby request(s) that the Plaintiff provide counscl of the Defendant(s) with copies of the documents described in the following requests for production or afford counsel for said Defendant(s) the opportunity or, whcre requested, sufficient written authorization to inspect, copy photograph or otherwise reproduce said documents. The production of such documents, copics of writtcn authorization shall take piacc at the offices of not later than (30) days after the service and requests for Production. 1. All hospital records relating to treatment received as a result of the alleged incident and to injuries, diseascs or defects to which reference is made in the answers to Interrogatorics #19, 420,421 ,and 22, or written authorization, sufficient to comply with the provisions of Health Insurance Portability and Accountability Act to inspect and make copics of said hospital records, information obtained pursuant to provisions of HIPAA shail not be used or disclosed by the parties for any purpose other than the litigation or proceeding for which such information is requestcd.CLAIM OFFICE ANSWER: Enclosed 2. 05344140193 All reports and records of all doctors and all other care providers relating to treatment allegedly received by the Plaintiff(s) as a result of the ‘alleged incident and to the injuries, discases or defects to which reference is made in the answers to Interrogatories #19,#20,#21, and #22 (exclusive of any records prepared or maintained by a licensed psychiatrist or psychologist) or written authorization sufficient 10 comply with provisions of the Health Insurance Portability and accountability Act to inspect and make copies of said reports. Information obtained pursuant to the provisions of I1IPAA shall no be used or disclosed by the parties. for any purpose other than the litigation or proceeding. for which such information is requested, ANSWER: Treatment notes & reports enclosed a 3. Copies of or sufficient written authorization 1o inspect and make copies ofthe wage and employment records of all employers of the plaintiff(s) for three years prior to the date of the incident and for all years subsequent 10 the date of the incident to and including the date hereof ANSWER : Will be provided 4. Ifa claim of impaired earning capacity or lost wages is being alleged, provide copies of or sufficient written authorization to obtain copics of that part of all income tax returns, relating to lost income filed by the Plaintiff(s) for a period of three years prior to the date of the incident and for all years subsequent to the date of the incident through the time of tial. ANSWER: Tax returns will be provided ANSWER: 5. All property damage bills that arc claimed to have been incurred as a result of this incident. All medical bills that are claimed to have been incurred as a result of this incident or written authorization, sufficient to comply with the provisionsCLAIM OFFICE 0B344140193 of the health Insurance Portability and Accountability Act to inspect and makc copies of said medical bills. Information obtained pursuant to the provisions of HIPAA shall not be used or disclosed by the partics for any purpose other than the litigation or procecding for which such information is requested, ANSWER: Enclosed as noted will provide additional as they are provided by providers 7. All bills for each item of expense that is claimed to have been incurred in the answer 10 Interrogatory #18 and not already provided in response to #4 and #6 above. ANSWER: enclosed 8. Copies of all documentation of claims of right to reimbursement provided to the Plaintiff by third party payors and copies of or written authorization sufficient to comply with provisions of Health insurance Portability and Accountability Act to obtain any and all documentation of payments made by a third party for medical services reccived or premiums paid (o obtain such payment. Information obtained pursuant to the provisions of HIPAA shall not be uscd or disclosed by the partics for any purpose other than the litigation or procecding for which such information is requested. ANSWER: none at this time 9. A copy of any no privileged statcment as defincd in practice book section 13-1 of any party in this law suit concerning this action or its subjcet matter. ANSWER: None known 10. Any and all photographs identificd in responsc to interrogatory #32, ANSWER: will be providedCLAIM OFFICE 08344140193 11. A eopy of all reeords of blood alcohol testing or drug screens referred to in answer to interrogatory #35, or a signed authorization, sufficient to comply with the provisions of the Health Insurance Portability and Accountability Act or those Public Health Service Act whichever is applicable to obtain the same. Information obtained pursuant to the provisions of HIPAA or the Public Health Service Act shali not be used or disclosed by the parties for any purpose other than the litigation or proceeding for which such information is requested. ANSWER: Not applicable