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Filing # 127697989 E-Filed 05/27/2021 03:56:05 PM
IN THE CIRCUIT COURT OF THE
FIFTEENTH JUDICIAL CIRCUIT IN
AND FOR PALM BEACH COUNTY,
FLORIDA
CASE NO.: 2021-CA-004024
WENDY SMILEY,
Plaintiff,
vs.
KEITH WARNER, KIM WARNER,
SILVIA NASCIMENTO, and THE
STANDARD FIRE INSURANCE
COMPANY, a Foreign Profit Corporation,
Defendants.
/
PLAINTIFF’S RESPONSE TO DEFENDANTS, KIM WARNER AND KEITH
WARNER’S REQUEST FOR PRODUCTION
COMES NOW the Plaintiff, WENDY SMILEY, by and through her undersigned counsel,
and makes the following responses to Defendants, KEITH WARNER and KIM WARNER’s,
Request for Production bearing a Certificate of Service date of April 27, 2021, as follows:
1. Copies of all tax returns, W-2 Forms, or any other evidence of income for all years
to date, beginning with the three (3) years preceding the within incident.
RESPONSE: Objection, relevance. Plaintiff is not making a claim for lost wages.
2. Withholding statements, pay envelopes, deposit slips, or any other evidence of
income earned by Plaintiff(s) for the current calendar year.
RESPONSE: Objection, relevance. Plaintiff is not making a claim for lost wages.
*** FILED: PALM BEACH COUNTY, FL JOSEPH ABRUZZO, CLERK. 05/27/2021 03:56:05 PM ***3. Copies of any and all medical records, hospital records, emergency room records,
and records from any health care provider pertaining to the treatment of Plaintiff(s) for any injuries
sustained in the within incident.
RESPONSE: See following medical records for September 24, 2017 incident:
Plaintiffs medical treatment is continuous.
Backsaver, LLC (Chirstopher White, D.C.)
Central Palm Beach Surgery Center
Interventional Pain Services of Palm Beach (Jane Bistline, M.D.)
Sherban Spine Institute (Ross Sherban, D.O.)
The Imaging Centers of West Palm Beach
See following medical records for December 26, 2018 incident: Plaintiff’s medical
treatment is continuous.
Atlantis Orthopedics (Brian Reiter, M.D.)
Backsaver, LLC (Christopher White, D.C.)
Interventional Pain Services of Palm Beach (Jane Bistline, M.D.)
The Open MRI Guys of Palm Beach
4. Copies of any and all medical records, hospital records, emergency room records,
health care provider records, X-ray films, CT films and MRI films pertaining to the treatment of
Plaintiff(s) for any reason in the five (5) years prior to the within incident.
RESPONSE: None other than what is being produced.
5. Copies of any and all medical records, hospital records, emergency room records,
health care provider records, X-ray films, CT films and MRI films pertaining to the treatment of
Plaintiff(s) for any reason since the within incident.
RESPONSE: None in Plaintiff’s possession.
6. Copies of any and all medical bills and/or statements for services rendered, paid or
unpaid, as a result of the within incident, including any bills for drugs or other related expenses.RESPONSE: See following medical bills for September 24, 2017 incident: Plaintiffs
medical treatment is continuous.
Backsaver, LLC
Central Palm Beach Surgery Center
Interventional Pain Services of Palm Beach
Sherban Spin Institute
The Imaging Center
See following medical bills for December 26, 2018 incident: Plaintiff’s medical
treatment is continuous.
Backsaver, LLC
Atlantis Orthopedics
Intervention Pain Services of Palm Beach
The Open MRI Guys of Palm Beach
7. Copies of any and all bills, statements or receipts relating to any non-medical
expenses claimed as damages in this lawsuit that have not been produced in response to any of the
preceding paragraphs.
RESPONSE: None at this time, however, discovery is ongoing.
8. Any and all statements, including, but not limited to, recorded telephone interviews,
tapes, written statements, whether signed or unsigned, of all witnesses to the incident relative to
the subject matter of this action and/or any witnesses having knowledge regarding any and all facts
and issues in the instant litigation.
RESPONSE: None at this time, however, discovery is ongoing.
9. Any and all photographs, diagrams or sketches of the scene of the incident.
RESPONSE: None
10. Any and all photographs of the vehicles involved in the incident before and after
the accident.RESPONSE: As to September 24, 2017 incident, attached are fourteen (13)
photographs of Plaintiff's vehicle and Defendant’s vehicle.
As to December 26, 2018 incident, attached are thirteen (13) photographs of
Plaintiff's vehicle taken by Law Office of Craig Goldenfarb employee, Dan Conner on
January 10, 2019.
11. Any and all photographs of Plaintiff(s) depicting injuries to Plaintiff(s) sustained
as a result of the within incident.
RESPONSE: As to September 24, 2017 incident, attached is one (1) photograph of
Plaintiff’s injuries taken December 11, 2017.
12. Any releases, "Mary Carter Agreements", and any other type of settlement
agreements between Plaintiff(s) and any other party which may have been responsible for the
damages claimed by Plaintiff(s).
RESPONSE: None.
13. Any and all photographs, blow-ups, recordings, charts, graphs, sketches and any
other tangible items or documentary evidence which you intend to use during the trial of this cause
and which have not been produced in response to any of the preceding paragraphs.
RESPONSE: Undetermined at this time. This information will be disclosed to
defense counsel per the Court’s Trial Order once one has been issued in this matter.
14. All policies of insurance providing collateral source payments to Plaintiff(s),
including, but not limited to, PIP insurance, medical payment insurance, disability insurance,
Medicare, Medicare Advantage Plan, Medicaid and/or employment related insurance.
RESPONSE: Attached is Plaintiff’s Standard Fire automobile policy.15. All claim forms submitted by Plaintiff(s) pursuant to the policies of insurance
referred to in Paragraph 14 above.
RESPONSE: None in Plaintiff’s possession.
16. All statements, including, but not limited to, recorded telephone interviews, tapes,
written statements, signed or unsigned, of Defendant(s) or any of their agents, servants or
employees relative to the within incident and any other issue which involves the instant litigation.
RESPONSE: None.
17. All incident reports filed by Plaintiff(s) for any purpose, including, but not limited
to, reports to employer and/or insurance company regarding the incident, if applicable, and/or any
other reports filled out by Plaintiff(s).
RESPONSE: None in Plaintiff’s possession.
18. All documents, papers or evidence to be introduced at trial.
RESPONSE: Undetermined at this time. This information will be disclosed to defense
counsel per the Court’s Trial Order once one has been issued in this matter.
19. All expert reports from any experts who will testify at trial.
RESPONSE: Undetermined at this time. This information will be disclosed to
defense counsel per the Court’s Trial Order once one has been issued in this matter.
20. — Copies of any and all correspondence, including itemized liens, with any company
or party who has asserted subrogation rights, including but not limited to, health insurance,
disability insurance, worker’s compensation insurance, Medicare, Medicare Advantage Plan
and/or Medicaid.
RESPONSE: Not applicable as Plaintiff’s health insurance companies have not
asserted a lien.21. — Copy of the front and back of Plaintiff(s)’s health insurance card.
RESPONSE: Attached are copies of insurance cards with United and Aetna.
22. Copy of the front and back of Plaintiff(s)’s Medicare and/or Medicare Advantage
Plan card.
RESPONSE: Not applicable.
23. Copy of the front and back of Plaintiff(s)’s Medicaid card.
RESPONSE: Not applicable.
24. Copy of marriage certificate if a derivative claim is being made for loss of
consortium, loss of service, or any other claim by your spouse as a result of personal injury to
yourself alleged to be as a result of the within accident.
RESPONSE: Not applicable.
25. Signed authorizations listing the names and addresses of the employers and medical
providers identified in response to Interrogatory 2, 15, and 16.
RESPONSE: Plaintiff will execute an authorization from defense counsel once the
authorization is directed to a particular medial facility and/or medical provider. Also all
blanks on the authorization must be completed by the defense counsel, expiration date of the
authorization must state one time use only and the Plaintiff’s counsel’s name and contact
information must be listed with the information of the defensed counsel’s office.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was served and E-Filed
to Charles Reid Bierer, Esq. (ftlauderdalelegal@allstate.com), Law Offices of Robert J. Smith, 110
SE 6th Street Suite 1800, Ft. Lauderdale, FL 33301-5015 (Counsel for Defendants Kim Warmer andKeith Warner); Gabriel C. Dobrin, Esq. (gdobrin@travelers.com), Law Offices of James W. Kehoe,
IIL, 3230 W. Commercial Blvd., Suite 250, Fort Lauderdale, FL 33309 (Counsel for Defendant The
Standard Fire Insurance Company); Robert C. Okon, Esq., Robert C. Okon, P.A.
(tokon@okonpa.com), 1521 Cades Bay Avenue, Jupiter, FL 33458 (counsel for Defendant Silvia
Nascimento) on this 27" day of May, 2021.
LAW OFFICES OF CRAIG GOLDENFARB, P.A.
Attorneys for Plaintiff
1800 S. Australian Ave., Ste. 400
West Palm Beach, FL 33409
(561) 697-4440
By: /s/ Aaron Neifeld
AARON NEIFELD, ESQ.
FL Bar No.: 127598
smileywendy5543768@projects.filevine.com
ANeifeld@800goldlaw.com
cflorence@800goldlaw.com
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Filing # 127697989 E-Filed 05/27/2021 03:56:05 PM IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO.: 2021-CA-004024 WENDY SMILEY, Plaintiff, vs. KEITH WARNER, KIM WARNER, SILVIA NASCIMENTO, and THE STANDARD FIRE INSURANCE COMPANY, a Foreign Profit Corporation, Defendants. / PLAINTIFF’S RESPONSE TO DEFENDANTS, KIM WARNER AND KEITH WARNER’S REQUEST FOR PRODUCTION COMES NOW the Plaintiff, WENDY SMILEY, by and through her undersigned counsel, and makes the following responses to Defendants, KEITH WARNER and KIM WARNER’s, Request for Production bearing a Certificate of Service date of April 27, 2021, as follows: 1. Copies of all tax returns, W-2 Forms, or any other evidence of income for all years to date, beginning with the three (3) years preceding the within incident. RESPONSE: Objection, relevance. Plaintiff is not making a claim for lost wages. 2. Withholding statements, pay envelopes, deposit slips, or any other evidence of income earned by Plaintiff(s) for the current calendar year. RESPONSE: Objection, relevance. Plaintiff is not making a claim for lost wages. *** FILED: PALM BEACH COUNTY, FL JOSEPH ABRUZZO, CLERK. 05/27/2021 03:56:05 PM ***3. Copies of any and all medical records, hospital records, emergency room records, and records from any health care provider pertaining to the treatment of Plaintiff(s) for any injuries sustained in the within incident. RESPONSE: See following medical records for September 24, 2017 incident: Plaintiffs medical treatment is continuous. Backsaver, LLC (Chirstopher White, D.C.) Central Palm Beach Surgery Center Interventional Pain Services of Palm Beach (Jane Bistline, M.D.) Sherban Spine Institute (Ross Sherban, D.O.) The Imaging Centers of West Palm Beach See following medical records for December 26, 2018 incident: Plaintiff’s medical treatment is continuous. Atlantis Orthopedics (Brian Reiter, M.D.) Backsaver, LLC (Christopher White, D.C.) Interventional Pain Services of Palm Beach (Jane Bistline, M.D.) The Open MRI Guys of Palm Beach 4. Copies of any and all medical records, hospital records, emergency room records, health care provider records, X-ray films, CT films and MRI films pertaining to the treatment of Plaintiff(s) for any reason in the five (5) years prior to the within incident. RESPONSE: None other than what is being produced. 5. Copies of any and all medical records, hospital records, emergency room records, health care provider records, X-ray films, CT films and MRI films pertaining to the treatment of Plaintiff(s) for any reason since the within incident. RESPONSE: None in Plaintiff’s possession. 6. Copies of any and all medical bills and/or statements for services rendered, paid or unpaid, as a result of the within incident, including any bills for drugs or other related expenses.RESPONSE: See following medical bills for September 24, 2017 incident: Plaintiffs medical treatment is continuous. Backsaver, LLC Central Palm Beach Surgery Center Interventional Pain Services of Palm Beach Sherban Spin Institute The Imaging Center See following medical bills for December 26, 2018 incident: Plaintiff’s medical treatment is continuous. Backsaver, LLC Atlantis Orthopedics Intervention Pain Services of Palm Beach The Open MRI Guys of Palm Beach 7. Copies of any and all bills, statements or receipts relating to any non-medical expenses claimed as damages in this lawsuit that have not been produced in response to any of the preceding paragraphs. RESPONSE: None at this time, however, discovery is ongoing. 8. Any and all statements, including, but not limited to, recorded telephone interviews, tapes, written statements, whether signed or unsigned, of all witnesses to the incident relative to the subject matter of this action and/or any witnesses having knowledge regarding any and all facts and issues in the instant litigation. RESPONSE: None at this time, however, discovery is ongoing. 9. Any and all photographs, diagrams or sketches of the scene of the incident. RESPONSE: None 10. Any and all photographs of the vehicles involved in the incident before and after the accident.RESPONSE: As to September 24, 2017 incident, attached are fourteen (13) photographs of Plaintiff's vehicle and Defendant’s vehicle. As to December 26, 2018 incident, attached are thirteen (13) photographs of Plaintiff's vehicle taken by Law Office of Craig Goldenfarb employee, Dan Conner on January 10, 2019. 11. Any and all photographs of Plaintiff(s) depicting injuries to Plaintiff(s) sustained as a result of the within incident. RESPONSE: As to September 24, 2017 incident, attached is one (1) photograph of Plaintiff’s injuries taken December 11, 2017. 12. Any releases, "Mary Carter Agreements", and any other type of settlement agreements between Plaintiff(s) and any other party which may have been responsible for the damages claimed by Plaintiff(s). RESPONSE: None. 13. Any and all photographs, blow-ups, recordings, charts, graphs, sketches and any other tangible items or documentary evidence which you intend to use during the trial of this cause and which have not been produced in response to any of the preceding paragraphs. RESPONSE: Undetermined at this time. This information will be disclosed to defense counsel per the Court’s Trial Order once one has been issued in this matter. 14. All policies of insurance providing collateral source payments to Plaintiff(s), including, but not limited to, PIP insurance, medical payment insurance, disability insurance, Medicare, Medicare Advantage Plan, Medicaid and/or employment related insurance. RESPONSE: Attached is Plaintiff’s Standard Fire automobile policy.15. All claim forms submitted by Plaintiff(s) pursuant to the policies of insurance referred to in Paragraph 14 above. RESPONSE: None in Plaintiff’s possession. 16. All statements, including, but not limited to, recorded telephone interviews, tapes, written statements, signed or unsigned, of Defendant(s) or any of their agents, servants or employees relative to the within incident and any other issue which involves the instant litigation. RESPONSE: None. 17. All incident reports filed by Plaintiff(s) for any purpose, including, but not limited to, reports to employer and/or insurance company regarding the incident, if applicable, and/or any other reports filled out by Plaintiff(s). RESPONSE: None in Plaintiff’s possession. 18. All documents, papers or evidence to be introduced at trial. RESPONSE: Undetermined at this time. This information will be disclosed to defense counsel per the Court’s Trial Order once one has been issued in this matter. 19. All expert reports from any experts who will testify at trial. RESPONSE: Undetermined at this time. This information will be disclosed to defense counsel per the Court’s Trial Order once one has been issued in this matter. 20. — Copies of any and all correspondence, including itemized liens, with any company or party who has asserted subrogation rights, including but not limited to, health insurance, disability insurance, worker’s compensation insurance, Medicare, Medicare Advantage Plan and/or Medicaid. RESPONSE: Not applicable as Plaintiff’s health insurance companies have not asserted a lien.21. — Copy of the front and back of Plaintiff(s)’s health insurance card. RESPONSE: Attached are copies of insurance cards with United and Aetna. 22. Copy of the front and back of Plaintiff(s)’s Medicare and/or Medicare Advantage Plan card. RESPONSE: Not applicable. 23. Copy of the front and back of Plaintiff(s)’s Medicaid card. RESPONSE: Not applicable. 24. Copy of marriage certificate if a derivative claim is being made for loss of consortium, loss of service, or any other claim by your spouse as a result of personal injury to yourself alleged to be as a result of the within accident. RESPONSE: Not applicable. 25. Signed authorizations listing the names and addresses of the employers and medical providers identified in response to Interrogatory 2, 15, and 16. RESPONSE: Plaintiff will execute an authorization from defense counsel once the authorization is directed to a particular medial facility and/or medical provider. Also all blanks on the authorization must be completed by the defense counsel, expiration date of the authorization must state one time use only and the Plaintiff’s counsel’s name and contact information must be listed with the information of the defensed counsel’s office. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was served and E-Filed to Charles Reid Bierer, Esq. (ftlauderdalelegal@allstate.com), Law Offices of Robert J. Smith, 110 SE 6th Street Suite 1800, Ft. Lauderdale, FL 33301-5015 (Counsel for Defendants Kim Warmer andKeith Warner); Gabriel C. Dobrin, Esq. (gdobrin@travelers.com), Law Offices of James W. Kehoe, IIL, 3230 W. Commercial Blvd., Suite 250, Fort Lauderdale, FL 33309 (Counsel for Defendant The Standard Fire Insurance Company); Robert C. Okon, Esq., Robert C. Okon, P.A. (tokon@okonpa.com), 1521 Cades Bay Avenue, Jupiter, FL 33458 (counsel for Defendant Silvia Nascimento) on this 27" day of May, 2021. LAW OFFICES OF CRAIG GOLDENFARB, P.A. Attorneys for Plaintiff 1800 S. Australian Ave., Ste. 400 West Palm Beach, FL 33409 (561) 697-4440 By: /s/ Aaron Neifeld AARON NEIFELD, ESQ. FL Bar No.: 127598 smileywendy5543768@projects.filevine.com ANeifeld@800goldlaw.com cflorence@800goldlaw.com