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Filing #60331089 E-Filed 08/14/2017 09:17:14 AM
IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT,
IN AND FOR ORANGE COUNTY, FLORIDA
MARCELO DIAZ, as Personal Representative CASE NO: 2008-CA-11228-O
of the Estate of HERMINIA DIAZ
Plaintiff,
vs.
HARINATH SHEELA, M.D.; DIGESTIVE
AND LIVER CENTER OF FLORIDA, P.A.
Defendants,
/
PLAINTIFF’S RESPONSE IN OPPOSITION TO DEFENDANT, HARINATH SHEELA,
M.D.; DIGESTIVE AND LIVER CENTER OF FLORIDA, P.A.’S, SEVENTH MOTION
IN LIMINE TO LIMIT THE TESTIMONY REGARDING A Bi-LINGUAL DOCTOR
COMES NOW the Plaintiff, MARCELO DIAZ, as Personal Representative of the Estate
of HERMINIA DIAZ, by and through undersigned counsel, to hereby file this Response in
Opposition to Defendants, HARINATH SHEELA, M.D.; DIGESTIVE AND LIVER CENTER
OF FLORIDA, P.A.’s, Seventh Motion in Limine to Preclude Testimony from Plaintiff's Expert
David A. Morowitz, M.D. regarding bilingual doctors. In support thereof, Plaintiffs state as
follows:
1 On March 29, 2011, David A. Morowitz, M.D. (“Dr. Morowitz”) was deposed in the above
referenced case.
On March 22, 2013, Plaintiff filed the affidavit of Dr. Morowitz. In the Affidavit Dr.
Morowitz testified that Mrs. Herminia Diaz should have been observed post-operatively in
hospital by a bilingual doctor.
On April 1, 2013, the first trial in this matter began and concluded in a mistrial due to time
constraints,
4. On April 4, 2013, Dr. Morowitz testified in the first trial.
5. Atno time since the filing of the affidavit of Dr. Morowitz, have Defendants, HARINATH
SHEELA, M.D.; DIGESTIVE AND LIVER CENTER OF FLORIDA, P.A, requested an
updated deposition of Dr. Morowitz. Defendants have had over four (4) years to take a
subsequent deposition or request a subsequent deposition of Dr. Morowitz based on his
affidavit.
This is not new expert opinions or a trial by ambush. Defendants have had this knowledge
regarding Dr. Morowitz’s affidavit and opinion for four (4) years. Defendants have had
knowledge of this affidavit prior to the commencement of the first trial.
There is no evidence that this is trial by ambush or a surprise opinion. Defendant’s Motion
in Limine to limit Dr. Morowitz testimony must be denied.
WHEREFORE Plaintiff's respectfully request the Court to enter an Order denying
Defendants, HARINATH SHEELA, M.D.; DIGESTIVE AND LIVER CENTER OF FLORIDA,
P.A.’s, Seventh Motion in Limine to Preclude Testimony from Plaintiff's Expert David Morowitz
regarding the use of a Bi-Lingual Doctor.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on !4 day of August, 2017, I electronically filed the
foregoing with the Clerk of the Courts by using the E-Filing Portal System. I also forwarded a
copy via email transmission to Rogelio Fontela, Esq. of Dennis, Jackson, Martin & Fontela, P.A.,
1591 Summit Lake Drive, Suite 200, Tallahassee, FL 32317 at roger@djmf-law.com, ben@djmf-
law.com, Jessica@djmf-law.com, nikki @ djmf-law.com.
Carlos R. Diez-Arguellesisq.
Diez-Arguelles & Tejed Chnshna rqvels
505 N. Mills Avenue
Orlando, FL 32803 L0@+olp
(407)705-2880
Florida Bar No. 0500569
Attorney for Plaintiff
mail@theorlandolawyers.com
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Filing #60331089 E-Filed 08/14/2017 09:17:14 AM IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA MARCELO DIAZ, as Personal Representative CASE NO: 2008-CA-11228-O of the Estate of HERMINIA DIAZ Plaintiff, vs. HARINATH SHEELA, M.D.; DIGESTIVE AND LIVER CENTER OF FLORIDA, P.A. Defendants, / PLAINTIFF’S RESPONSE IN OPPOSITION TO DEFENDANT, HARINATH SHEELA, M.D.; DIGESTIVE AND LIVER CENTER OF FLORIDA, P.A.’S, SEVENTH MOTION IN LIMINE TO LIMIT THE TESTIMONY REGARDING A Bi-LINGUAL DOCTOR COMES NOW the Plaintiff, MARCELO DIAZ, as Personal Representative of the Estate of HERMINIA DIAZ, by and through undersigned counsel, to hereby file this Response in Opposition to Defendants, HARINATH SHEELA, M.D.; DIGESTIVE AND LIVER CENTER OF FLORIDA, P.A.’s, Seventh Motion in Limine to Preclude Testimony from Plaintiff's Expert David A. Morowitz, M.D. regarding bilingual doctors. In support thereof, Plaintiffs state as follows: 1 On March 29, 2011, David A. Morowitz, M.D. (“Dr. Morowitz”) was deposed in the above referenced case. On March 22, 2013, Plaintiff filed the affidavit of Dr. Morowitz. In the Affidavit Dr. Morowitz testified that Mrs. Herminia Diaz should have been observed post-operatively in hospital by a bilingual doctor. On April 1, 2013, the first trial in this matter began and concluded in a mistrial due to time constraints, 4. On April 4, 2013, Dr. Morowitz testified in the first trial. 5. Atno time since the filing of the affidavit of Dr. Morowitz, have Defendants, HARINATH SHEELA, M.D.; DIGESTIVE AND LIVER CENTER OF FLORIDA, P.A, requested an updated deposition of Dr. Morowitz. Defendants have had over four (4) years to take a subsequent deposition or request a subsequent deposition of Dr. Morowitz based on his affidavit. This is not new expert opinions or a trial by ambush. Defendants have had this knowledge regarding Dr. Morowitz’s affidavit and opinion for four (4) years. Defendants have had knowledge of this affidavit prior to the commencement of the first trial. There is no evidence that this is trial by ambush or a surprise opinion. Defendant’s Motion in Limine to limit Dr. Morowitz testimony must be denied. WHEREFORE Plaintiff's respectfully request the Court to enter an Order denying Defendants, HARINATH SHEELA, M.D.; DIGESTIVE AND LIVER CENTER OF FLORIDA, P.A.’s, Seventh Motion in Limine to Preclude Testimony from Plaintiff's Expert David Morowitz regarding the use of a Bi-Lingual Doctor. CERTIFICATE OF SERVICE I HEREBY CERTIFY that on !4 day of August, 2017, I electronically filed the foregoing with the Clerk of the Courts by using the E-Filing Portal System. I also forwarded a copy via email transmission to Rogelio Fontela, Esq. of Dennis, Jackson, Martin & Fontela, P.A., 1591 Summit Lake Drive, Suite 200, Tallahassee, FL 32317 at roger@djmf-law.com, ben@djmf- law.com, Jessica@djmf-law.com, nikki @ djmf-law.com. Carlos R. Diez-Arguellesisq. Diez-Arguelles & Tejed Chnshna rqvels 505 N. Mills Avenue Orlando, FL 32803 L0@+olp (407)705-2880 Florida Bar No. 0500569 Attorney for Plaintiff mail@theorlandolawyers.com