Preview
Filing # 128964570 E-Filed 06/17/2021 01:32:48 PM
IN THE CIRCUIT COURT OF THE 15TH
JUDICIAL CIRCUIT IN AND FOR PALM
BEACH COUNTY, FLORIDA
CASE NO. 50-2020-CA-008922-XXXX-MB
(AD)
ERNESTINA DE ARMAS and MARIO
SALVADOR DE ARMAS,
Plaintiffs,
Vs.
CHARLIE WILL MITCHELL and GEICO
GENERAL INSURANCE COMPANY,
Defendants.
/
NOTICE OF PROPOUNDING INTERROGATORIES
TO PLAINTIFE MAKIO SALVADOR DE ARMAS
Defendant CHARLIE WILL MITCHELL hereby gives notice of propounding
Interrogatories consisting of 28 in number to the Plaintiff MARIO SALVADOR DE ARMAS to
be answered under oath, in writing, within thirty (30) days from receipt hereof in accordance
with Rule 1.340 of the Florida Rules of Civil Procedure.
CERTIFICATE OF SERVICE
WE HEREBY CERTIFY that a true copy of the foregoing was furnished via Electronic
Service via the Florida Courts E-filing Eportal pursuant to the Supreme Court Administrative Order
AOSC13-490 this date, June 17, 2021 to: R. Timothy Vannatta, Esq., Rubenstein Law, P.A., 250 S.
Australian Avenue Suite 1000, West Palm Beach, FL 33401, Tim@rubensteinlaw.com;
jmolano@rubensteinlaw.com; eservice@rubensteinlaw.com; Amy L. Das, Esq., 1555 Palm Beach
CHEN. DAIAARCACUAAIINTY Cl INGEDU ARDIIV7ZN FLED Ne 71INNNA N4.29-4a DNA
Pm. PAL DLA VUUINE TT, PL, VUOL IE mDnuecy, ULUIAN, Yur eue! Ul.e.tu civLakes Blvd. Suite 1000, West Palm Beach, FL 33401, wpbgeico@geico.com.
[21-0176/4547821/1]
COONEY TRYBUS KWAVNICK PEETS
Attorneys for Charlie Will Mitchell
1600 West Commercial Boulevard, Suite 200
Fort Lauderdale, FL 33309
Telephone: (954) 568-6669
Fax: (954) 568-0085
Primary E-Mail: reception@ctkplaw.com
Secondary E-Mail: yhall@ctkplaw.com
Secondary E-Mail: clewis@ctkplaw.com
Secondary E-Mail: ngordon@ctkplaw.com
Secondary E-Mail: mbrennan@ctkplaw.com
‘yoigned by aciney electronical afer relent
By:
BRUCE TRYBUS
Florida Bar No. 972983
CAROLINE ANNE LEWIS
Florida Bar No. 104775INTERROGATORIES TO PLAINTIFF,
MARIO SALVADOR DE ARMAS
(If answering for another person or entity, answer with respect to that person or
entity, unless otherwise stated.)
1. Please provide your full name, all former names you were known by and when you were
known by them, your current address and all addresses where you have lived for the past ten
years, the dates you lived at each address, your social security number, your date of birth,
your cell phone number on the date of the alleged incident, the name of your cell phone
service provider on the date of the alleged incident, and if you are or have ever been
married, the name of your spouse or spouses.
2. List the names, business addresses, dates of employment and rates of pay regarding all
employers, including self employment, for whom you have worked in the past ten years.
3. Do you wear glasses, contact lenses or hearing aids? If so, who prescribed them; when were
they nrecerihed: urhen were vaur avec ar eare lact avaminad: and urhat ic the name and
ulty prescrivea, Wiel Were your Cyes Cr Care iase Ckamuneu, aia Vitat io Ue Tanke Gia
address of the examiner?
[21-0176/4547821/1] 3Have you ever been convicted of a crime, other than any juvenile adjudication, which under
the law under which you were convicted was punishable by death or imprisonment in excess
of one year, or that involved dishonesty or false statement regardless of the punishment? If
so, state as to each conviction, the specific crime, the date and the place of conviction.
Were you suffering from any physical infirmity, disability or sickness at the time of the
incident described in the Complaint? If so, what was the nature of the infirmity, disability or
sickness?
Did you consume any alcoholic beverages or take any drugs or medications within twelve
hours before the incident described in the Complaint? If so, what type and amount of
alcoholic beverages, drugs or medication were consumed and when and where did you
consume them?
[21-0176/4547821/1] 4Describe in detail how the incident described in the Complaint happened, including all
actions taken by you to prevent the incident.
Describe in detail each act or omission on the part of any party to this lawsuit or any other
person or entity, that you contend constituted negligence that was a contributing cause of the
damages you are claiming.
Describe each injury for which you are claiming damages in this case, specifying the part of
your body that was injured, the nature of the injury, and, as to any injuries you contend are
permanent, the effects on you that you claim are permanent.
[21-0176/4547821/1] 510. List each item of expense or damage, other than medical bills, loss of income or earning
capacity, that you claim to have incurred as a result of the incident described in the
complaint, giving for each item the date incurred, the name and business address to whom
each was paid or is owed, and the goods or services for which each was incurred.
11. Do you contend that you lost any income, profits, benefits or earning capacity in the past or
future as a result of the incident described in the Complaint? If so, state the nature of the
income, profits, benefits, or earnings capacity, and the amount and the method that you used
in computing the amount.
12. Please itemize, by provider (for example, a doctor or hospital):
(a) All charges for your treatment which you contend was made necessary as a result
of the subject accident.
[21-0176/4547821/1] 6(b)
(©)
(d)
fev
ws
All payments (in each instance, indicating who made the payment, whether it be
you, an insurer or some other person or entity) of or towards the charges
described in (a) above.
All liens or claims of subrogation being claimed by persons or entities that made
those payments.
All write-offs, discounts or other credits applied to the charges described by you
in (a) above.
All ramainina antctandina nartinne af the charaec decerihad hw wan in (a\ ahave
AAu Temaining, Cutsuamumig porucius U1 ule Ciuiges Gesuiiuce oy you bi (ay GUUTe,
which you contend are still owed to the providers in question.
If you would prefer, you may provide a table summarizing the information in (a) through
(d) above, to enable the Defendants to determine the same information that would
otherwise he provided i in those sub-paragranhs of this Tnterrogatory, This information is
being requested by the Defendants pursuant to Thyssenkrupp Elevator Co. v. Lasky, 868
So.2d 547 (Fla. 4" DCA 2003), and Goble v. Frohman, Case No: SC03-1245 (Fla. 2005)
[21-0176/4547821/1] 713.
14.
15.
List the names and business address of each doctor or other health care provider who has
treated or examined you, and each medical facility where you have received any treatment
or examination for the injuries for which you seek damages in this case; and state as to each
the date of the examination or treatment and the injury or condition for which you were
examined or treated.
List the names and business address of all other physicians, hospitals, medical facilities or
other heaith care providers by whom or at which you have been examined or treated for
ANY reason, in the past ten years; and state as to each the dates of examination or treatment
and the condition or injury for which you were examined or treated, including any family
doctor/primary care physicians and obstetricians/gynecologists, if and as appropriate.
List the names and addresses of all persons who are believed or known by you, your agents
or attomeys, to have had any knowledge concerning any of the issues in this lawsuit; and
specify the matter about which the witness has knowledge.
[21-0176/4547821/1] 816. Do you intend to call any expert witnesses at the trial of this case? If so, state as to each
such witness the name and business address of the witness, the witness's qualifications as an
expert, the subject matter upon which the witness is expected to testify, the substance of the
facts and opinions to which the witness is expected to testify, and a summary of the grounds
for each opinion.
17. Have you made an agreement with anyone that would limit that party's liability to anyone
for any of the damages sued upon in this case? If so, state the terms of the agreement and
the parties to it.
18. Please state if you have ever been a party, either plaintiff or defendant, in a lawsuit other
than the present matter and if so, state whether you were plaintiff or defendant, the nature of
the action, and the date and court in which such suit was filed.
[21-0176/4547821/1] 919.
20.
21.
Ifyou have ever served in the military forces of any country or if you have ever been treated
at any service related medical facility, please state the branches in which you served, the
dates of your service, your rank upon discharge, nature of discharge (honorable,
dishonorable, medical, etc) where you were last stationed, the name and address of all
medical facilities in which you were examined, treated or confined, dates of each
examination, treatment or confinement and date and description of all service connected
disabilities together with the percentage of disability and dollar amount of disability
payments received.
In addition to your answer to question #5 above, have you ever suffered any physical
infirmity, disability or sickness before the subject accident? Ifso, please describe the nature
and extent of each infirmity, disability or sickness, the date and manner in which each was
sustained as well as the name and address of all physicians and hospitals by whom treated.
Have you ever suffered an injury similar to any of the injuries that you allege to have
suffered in the subject incident, or have you ever received treatment for the same areas of
your body that you claim to have hurt in the subject incident in this case? If so, please
describe the injury suffered or the area of the body hurt, and provide the date (as
aceurataly, ac naccihle\ nlace and fachian in which the iniury acourred ar van hurt
acCurahiy aS PCssicie;, Piece ane Lasuicn Mh Wada ule MyUury CCCuTeS CF You aurt
yourself. Also, please provide the names and addresses of any doctors by whom or
hospitals at which you received the treatment for the injuries.
[21-0176/454782 1/1] 10Please identify by date, location and nature any accidents in which you were involved before
and after the incident involved in this lawsuit, regardless of whether or not you were injured.
As to each accident, state whether or not you were injured and if injured state the nature of
the injury and the full name and address of all physicians and hospital by whom treated.
Please identify ali claims by you for personal injuries (whether the claim was made directly
to an insurance company and in addition to those described in your answer to question 18
above) and claims under workers' compensation, or for Social Security Disability benefits,
that you have ever made, including the date of each claim and name and address of the
company or individual with whom it was made, and provide the names and addresses of all
attorneys who represented you for those claims.
cis Ton Wadi
representatives, agents or investigators have taken statements relative to the alleged incident
and alleged damages which are the subject of this lawsuit, and as to each statement, indicate
whether it was oral or written, the names and addresses of all persons present when the
statement was given and the names and addresses of all persons who presently have a copy
of the statement.
[21-0176/454782 1/1] Il25.
27.
Please state the name, business address and business telephone number of any and all
insurance agents, agencies, and/or corporations with whom you have dealt with in the past
ten (10) years with respect to the application for and/or purchase of any of the following
types of insurance: life insurance, automobile insurance, medical insurance, health
insurance, or disability insurance.
Are you aware of any photographs, DVDs, or other media containing any images of
relevance to any aspect of the subject lawsuit? If so:
i. Please identify each such media by type, quantity and/or number;
i. Provide the name, address and phone number of the person who recorded the images
for each;
ii. Identify the quantity of images on each such form of media; and
iii. Describe briefly what the images depict.
Have any of the providers (including but not limited to doctors, hospitals and outpatient
eurcical eenterc\ fram wham van have received treatment that van relate ta the onhiact
SUYgilas COMETS; ATOM Waldm YOu wave Teceivea Weaument wat you Teas tO Ge Suoject
incident, sold, assigned, transferred or otherwise divested themselves of the bills that they
have charged for your services? If so, please identify each such provider; state how much
that provider’s bill was and how much it divested itself of that bill for; and provide the name
and address of the person or entity to whom the bill was sold, transferred, assigned or
otherwise divested and describe the relationship between the provider and that person or
entity.
[21-0176/454782 1/1] 1228.
Has any expert or professional examined and/or inspected and/or photographed the
area/condition which you allege was the cause of your incident? If so, please provide that
person’s name, address and the date on which he or she examined, inspected and/or
photographed the area/condition.
[21-0176/454782 1/1] 13STATE OF FLORIDA )
)SS:
COUNTY OF )
BEFORE ME, the undersigned authority, authorized to administer oaths, personally
appeared » who, first being duly sworn, acknowledged that he/she is the
person authorized to execute the foregoing Answers to Interrogatories, and that he/she has read the
answers and that they are true, correct, accurate and complete and he/she executed the same in my
presence, this day of > 20
The foregoing instrument was acknowledged before me by means of LO physical presence
or O online notarization, this day of 20 , by
who is personally known to me or who produced as identification.
NOTARY PUBLIC, STATE OF FLORIDA
My commission expires:
[21-0176/454782 1/1] 14
Preview
Filing # 128964570 E-Filed 06/17/2021 01:32:48 PM IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO. 50-2020-CA-008922-XXXX-MB (AD) ERNESTINA DE ARMAS and MARIO SALVADOR DE ARMAS, Plaintiffs, Vs. CHARLIE WILL MITCHELL and GEICO GENERAL INSURANCE COMPANY, Defendants. / NOTICE OF PROPOUNDING INTERROGATORIES TO PLAINTIFE MAKIO SALVADOR DE ARMAS Defendant CHARLIE WILL MITCHELL hereby gives notice of propounding Interrogatories consisting of 28 in number to the Plaintiff MARIO SALVADOR DE ARMAS to be answered under oath, in writing, within thirty (30) days from receipt hereof in accordance with Rule 1.340 of the Florida Rules of Civil Procedure. CERTIFICATE OF SERVICE WE HEREBY CERTIFY that a true copy of the foregoing was furnished via Electronic Service via the Florida Courts E-filing Eportal pursuant to the Supreme Court Administrative Order AOSC13-490 this date, June 17, 2021 to: R. Timothy Vannatta, Esq., Rubenstein Law, P.A., 250 S. Australian Avenue Suite 1000, West Palm Beach, FL 33401, Tim@rubensteinlaw.com; jmolano@rubensteinlaw.com; eservice@rubensteinlaw.com; Amy L. Das, Esq., 1555 Palm Beach CHEN. DAIAARCACUAAIINTY Cl INGEDU ARDIIV7ZN FLED Ne 71INNNA N4.29-4a DNA Pm. PAL DLA VUUINE TT, PL, VUOL IE mDnuecy, ULUIAN, Yur eue! Ul.e.tu civLakes Blvd. Suite 1000, West Palm Beach, FL 33401, wpbgeico@geico.com. [21-0176/4547821/1] COONEY TRYBUS KWAVNICK PEETS Attorneys for Charlie Will Mitchell 1600 West Commercial Boulevard, Suite 200 Fort Lauderdale, FL 33309 Telephone: (954) 568-6669 Fax: (954) 568-0085 Primary E-Mail: reception@ctkplaw.com Secondary E-Mail: yhall@ctkplaw.com Secondary E-Mail: clewis@ctkplaw.com Secondary E-Mail: ngordon@ctkplaw.com Secondary E-Mail: mbrennan@ctkplaw.com ‘yoigned by aciney electronical afer relent By: BRUCE TRYBUS Florida Bar No. 972983 CAROLINE ANNE LEWIS Florida Bar No. 104775INTERROGATORIES TO PLAINTIFF, MARIO SALVADOR DE ARMAS (If answering for another person or entity, answer with respect to that person or entity, unless otherwise stated.) 1. Please provide your full name, all former names you were known by and when you were known by them, your current address and all addresses where you have lived for the past ten years, the dates you lived at each address, your social security number, your date of birth, your cell phone number on the date of the alleged incident, the name of your cell phone service provider on the date of the alleged incident, and if you are or have ever been married, the name of your spouse or spouses. 2. List the names, business addresses, dates of employment and rates of pay regarding all employers, including self employment, for whom you have worked in the past ten years. 3. Do you wear glasses, contact lenses or hearing aids? If so, who prescribed them; when were they nrecerihed: urhen were vaur avec ar eare lact avaminad: and urhat ic the name and ulty prescrivea, Wiel Were your Cyes Cr Care iase Ckamuneu, aia Vitat io Ue Tanke Gia address of the examiner? [21-0176/4547821/1] 3Have you ever been convicted of a crime, other than any juvenile adjudication, which under the law under which you were convicted was punishable by death or imprisonment in excess of one year, or that involved dishonesty or false statement regardless of the punishment? If so, state as to each conviction, the specific crime, the date and the place of conviction. Were you suffering from any physical infirmity, disability or sickness at the time of the incident described in the Complaint? If so, what was the nature of the infirmity, disability or sickness? Did you consume any alcoholic beverages or take any drugs or medications within twelve hours before the incident described in the Complaint? If so, what type and amount of alcoholic beverages, drugs or medication were consumed and when and where did you consume them? [21-0176/4547821/1] 4Describe in detail how the incident described in the Complaint happened, including all actions taken by you to prevent the incident. Describe in detail each act or omission on the part of any party to this lawsuit or any other person or entity, that you contend constituted negligence that was a contributing cause of the damages you are claiming. Describe each injury for which you are claiming damages in this case, specifying the part of your body that was injured, the nature of the injury, and, as to any injuries you contend are permanent, the effects on you that you claim are permanent. [21-0176/4547821/1] 510. List each item of expense or damage, other than medical bills, loss of income or earning capacity, that you claim to have incurred as a result of the incident described in the complaint, giving for each item the date incurred, the name and business address to whom each was paid or is owed, and the goods or services for which each was incurred. 11. Do you contend that you lost any income, profits, benefits or earning capacity in the past or future as a result of the incident described in the Complaint? If so, state the nature of the income, profits, benefits, or earnings capacity, and the amount and the method that you used in computing the amount. 12. Please itemize, by provider (for example, a doctor or hospital): (a) All charges for your treatment which you contend was made necessary as a result of the subject accident. [21-0176/4547821/1] 6(b) (©) (d) fev ws All payments (in each instance, indicating who made the payment, whether it be you, an insurer or some other person or entity) of or towards the charges described in (a) above. All liens or claims of subrogation being claimed by persons or entities that made those payments. All write-offs, discounts or other credits applied to the charges described by you in (a) above. All ramainina antctandina nartinne af the charaec decerihad hw wan in (a\ ahave AAu Temaining, Cutsuamumig porucius U1 ule Ciuiges Gesuiiuce oy you bi (ay GUUTe, which you contend are still owed to the providers in question. If you would prefer, you may provide a table summarizing the information in (a) through (d) above, to enable the Defendants to determine the same information that would otherwise he provided i in those sub-paragranhs of this Tnterrogatory, This information is being requested by the Defendants pursuant to Thyssenkrupp Elevator Co. v. Lasky, 868 So.2d 547 (Fla. 4" DCA 2003), and Goble v. Frohman, Case No: SC03-1245 (Fla. 2005) [21-0176/4547821/1] 713. 14. 15. List the names and business address of each doctor or other health care provider who has treated or examined you, and each medical facility where you have received any treatment or examination for the injuries for which you seek damages in this case; and state as to each the date of the examination or treatment and the injury or condition for which you were examined or treated. List the names and business address of all other physicians, hospitals, medical facilities or other heaith care providers by whom or at which you have been examined or treated for ANY reason, in the past ten years; and state as to each the dates of examination or treatment and the condition or injury for which you were examined or treated, including any family doctor/primary care physicians and obstetricians/gynecologists, if and as appropriate. List the names and addresses of all persons who are believed or known by you, your agents or attomeys, to have had any knowledge concerning any of the issues in this lawsuit; and specify the matter about which the witness has knowledge. [21-0176/4547821/1] 816. Do you intend to call any expert witnesses at the trial of this case? If so, state as to each such witness the name and business address of the witness, the witness's qualifications as an expert, the subject matter upon which the witness is expected to testify, the substance of the facts and opinions to which the witness is expected to testify, and a summary of the grounds for each opinion. 17. Have you made an agreement with anyone that would limit that party's liability to anyone for any of the damages sued upon in this case? If so, state the terms of the agreement and the parties to it. 18. Please state if you have ever been a party, either plaintiff or defendant, in a lawsuit other than the present matter and if so, state whether you were plaintiff or defendant, the nature of the action, and the date and court in which such suit was filed. [21-0176/4547821/1] 919. 20. 21. Ifyou have ever served in the military forces of any country or if you have ever been treated at any service related medical facility, please state the branches in which you served, the dates of your service, your rank upon discharge, nature of discharge (honorable, dishonorable, medical, etc) where you were last stationed, the name and address of all medical facilities in which you were examined, treated or confined, dates of each examination, treatment or confinement and date and description of all service connected disabilities together with the percentage of disability and dollar amount of disability payments received. In addition to your answer to question #5 above, have you ever suffered any physical infirmity, disability or sickness before the subject accident? Ifso, please describe the nature and extent of each infirmity, disability or sickness, the date and manner in which each was sustained as well as the name and address of all physicians and hospitals by whom treated. Have you ever suffered an injury similar to any of the injuries that you allege to have suffered in the subject incident, or have you ever received treatment for the same areas of your body that you claim to have hurt in the subject incident in this case? If so, please describe the injury suffered or the area of the body hurt, and provide the date (as aceurataly, ac naccihle\ nlace and fachian in which the iniury acourred ar van hurt acCurahiy aS PCssicie;, Piece ane Lasuicn Mh Wada ule MyUury CCCuTeS CF You aurt yourself. Also, please provide the names and addresses of any doctors by whom or hospitals at which you received the treatment for the injuries. [21-0176/454782 1/1] 10Please identify by date, location and nature any accidents in which you were involved before and after the incident involved in this lawsuit, regardless of whether or not you were injured. As to each accident, state whether or not you were injured and if injured state the nature of the injury and the full name and address of all physicians and hospital by whom treated. Please identify ali claims by you for personal injuries (whether the claim was made directly to an insurance company and in addition to those described in your answer to question 18 above) and claims under workers' compensation, or for Social Security Disability benefits, that you have ever made, including the date of each claim and name and address of the company or individual with whom it was made, and provide the names and addresses of all attorneys who represented you for those claims. cis Ton Wadi representatives, agents or investigators have taken statements relative to the alleged incident and alleged damages which are the subject of this lawsuit, and as to each statement, indicate whether it was oral or written, the names and addresses of all persons present when the statement was given and the names and addresses of all persons who presently have a copy of the statement. [21-0176/454782 1/1] Il25. 27. Please state the name, business address and business telephone number of any and all insurance agents, agencies, and/or corporations with whom you have dealt with in the past ten (10) years with respect to the application for and/or purchase of any of the following types of insurance: life insurance, automobile insurance, medical insurance, health insurance, or disability insurance. Are you aware of any photographs, DVDs, or other media containing any images of relevance to any aspect of the subject lawsuit? If so: i. Please identify each such media by type, quantity and/or number; i. Provide the name, address and phone number of the person who recorded the images for each; ii. Identify the quantity of images on each such form of media; and iii. Describe briefly what the images depict. Have any of the providers (including but not limited to doctors, hospitals and outpatient eurcical eenterc\ fram wham van have received treatment that van relate ta the onhiact SUYgilas COMETS; ATOM Waldm YOu wave Teceivea Weaument wat you Teas tO Ge Suoject incident, sold, assigned, transferred or otherwise divested themselves of the bills that they have charged for your services? If so, please identify each such provider; state how much that provider’s bill was and how much it divested itself of that bill for; and provide the name and address of the person or entity to whom the bill was sold, transferred, assigned or otherwise divested and describe the relationship between the provider and that person or entity. [21-0176/454782 1/1] 1228. Has any expert or professional examined and/or inspected and/or photographed the area/condition which you allege was the cause of your incident? If so, please provide that person’s name, address and the date on which he or she examined, inspected and/or photographed the area/condition. [21-0176/454782 1/1] 13STATE OF FLORIDA ) )SS: COUNTY OF ) BEFORE ME, the undersigned authority, authorized to administer oaths, personally appeared » who, first being duly sworn, acknowledged that he/she is the person authorized to execute the foregoing Answers to Interrogatories, and that he/she has read the answers and that they are true, correct, accurate and complete and he/she executed the same in my presence, this day of > 20 The foregoing instrument was acknowledged before me by means of LO physical presence or O online notarization, this day of 20 , by who is personally known to me or who produced as identification. NOTARY PUBLIC, STATE OF FLORIDA My commission expires: [21-0176/454782 1/1] 14