Motion for Sanctions in BORYSIUK, ROMAN v. MASINI, MICHELE Et Al| Trellis.Law

On July 27, 2020 a Motion,Ex Parte was filed involving a dispute between Roman Borysiuk, and Michele Masini, Ryan Meagher, for V01 - Vehicular - Motor Vehicles - Driver and/or Passenger(s) vs. Driver(s) in the District Court of New Haven County.

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DOCKET NO. NNH-CV20-6106346-S : SUPERIOR COURT

ROMAN BORYSIUK : J.D. OF NEW HAVEN

V. : AT NEW HAVEN

MICHELE MASINI Et Al : JANUARY 26, 2022
06107• 203.399-0000
Connecticut 06901 • 203.913.4179

MOTION FOR SANCTIONS

The plaintiff respectfully moves for sanctions against the defendants for requesting, and

obtaining, a continuance of the trial date on the basis of outstanding records, when there were
WEST HARTFORD, CONNECTICUT

no records outstanding records, and for their failure to provide discovery responses. Both

actions have resulted in great prejudice to the plaintiff, Roman Borysiuk.
#
LLC
Juris
# 438704

I. BACKGROUND
Law Grouppsc
Esq.
Stamford,
TJC•ESQ,

The plaintiff, Roman Borysiuk, was injured in automobile collision on August 21, 2018,
Goff,
263 Tresser Boulevard, 9th Floor •Juris

just after noon, as he traveled northbound on Route 15 in Wallingford, Connecticut. The
A.
Goff
Brooke

defendant driver, Ryan Meagher, driving the vehicle of the defendant owner, Michele Masini,

took his eyes off the road, and violently struck the rear of Mr. Borysiuk’s vehicle. The plaintiff is
75 BRACE ROAD,

claiming injuries to his neck, low back, and head.

The plaintiff filed the present lawsuit on July 27, 2020. The defendants served him with

discovery on October 28, 2020 (Entry No. 102.00), and he served the defendants with discovery

on November 25, 2020 (Entry No. 104.00). He filed initial discovery responses on February 26,

2021 (Entry No. 109.00), and supplemented the same seven additional times. He provided the last

remaining related records on November 9, 2021 (Entry No. 118.00). The defendants have

provided no responses whatsoever and when they were deposed within the past week, both

defendants represented they had never received any questions to answer.
On April 1, 2021, defense counsel sent a letter to plaintiff’s counsel requesting, in part,

records of one Dr. Seneviratne. See Entry No. 113.00. In response to this letter, the plaintiff sent a

request for said records on April 5, 2021. See Request, attached as Exhibit A. On April 20, 2021,

the defendant filed a motion for order of compliance and the plaintiff re-requested Dr.
06107 • 203.399-0000

Seneviratne’s records on My 4, 2021. See Second Request, attached as Exhibit B. Dr.
• 203.913.4179

Seneviratne’s medical records were obtained on November 5, 2021, and were for treatment

regarding an unrelated medical condition (trigger finger). To be sure there were no other dates of

treatment, this same day, the plaintiff requested Dr. Seneviratne’s billing records. See Billing
06901
CONNECTICUT

Request, attached as Exhibit C. Plaintiff’s counsel also sent an email to defense counsel advising
Connecticut

that the records had come in and were not related. See Emails, attached as Exhibit D. This email
LLC
Juris #
Juris # 438704
Law Group

was forwarded to counsel again on December 3, 2021, and plaintiff’s counsel also sent the
psc
A. Goff, Esq.
263 Tresser Boulevard, 9th Floor • Stamford,
TJC•ESQ,
HARTFORD,

unrelated records and the operative request as a show of good faith on December 3, 2021. By way
Goff

of email dated January 12, 2021, plaintiff’s counsel again stated, in two separate emails, the records
75 BRACE ROAD, WESTBrooke

were unrelated, and had previously been sent. See Exhibit D.

Following a January 24, 2022 pretrial, plaintiff’s counsel sent defense counsel another

email explaining there were no treatment records of Dr. Seneviratne, and that the plaintiff had

reached out to Dr. Seneviratne, with whom he had a prior relationship, for the MRI and ortho

referral referenced by defense counsel.

Despite all the same, defense counsel filed a motion for a continuance on January 24, 2022,

claiming, completely without any basis, that the continuance was needed because Dr.

Seneviratne’s medical records remained outstanding. The records sought by counsel are not

outstanding because they do not exist. The only treatment records provided by Dr. Aruna

Seneviratne in response to the plaintiff’s request for medical records relate to an issue with his

finger. Those unrelated records, as well as the plaintiff’s request for records, have been supplied
-2 -
to defense counsel. The plaintiff has complied with discovery and provided all related (and in this

case unrelated) treatment records to defense.

Unfortunately, and perhaps before the plaintiff could file an objection, the Court granted

the defendants’ baseless request on that very same day. Now, as a result, the plaintiff’s trial, for
06107 • 203.399-0000

which he was ready, able and willing, will not be conducted on February 8, 2022, and indeed may
• 203.913.4179

be pushed into 2023.

To date, the defendants’ discovery compliance remains outstanding.

II. REQUESTED RELIEF
06901
CONNECTICUT

The factors to be considered by the court on a motion for sanctions for obstruction of the
Connecticut

discovery process include: (1) whether noncompliance was caused by inability, rather than
LLC
Juris #
Juris # 438704
Law Group

willfulness, bad faith or other fault; (2) whether and to what extent noncompliance caused
psc
A. Goff, Esq.
263 Tresser Boulevard, 9th Floor • Stamford,
TJC•ESQ,
HARTFORD,

prejudice to the other party, including the importance of the information sought to that party's
Goff

case; and (3) which sanction would, under the circumstances of the case, be an appropriate
75 BRACE ROAD, WESTBrooke

judicial response to the noncomplying party's conduct.” Millbrook Owners Ass'n, Inc. v.

Hamilton Standard, 257 Conn. 1, 15, 776 A.2d 1115, 1125 (2001).

In the present matter, the defendants have not offered any reasonable explanations as to

the late compliance. There is absolutely no reasonable explanation why the defendants have not

supplied discovery compliance, including important insurance information, photos and recorded

statements, at any time within the past fourteen months.

Additionally, the non-compliance has been highly prejudicial, as the plaintiff did not

insurance information that would allow him to file a reasonably informed offer of compromise.

To date, an offer of compromise regarding the supposed policy limit sits in the file, awaiting

assurance that the effective policy is indeed $50,000 and there is no other policy that would

cover the loss.
-3 -
With regard to the lost trial date, the plaintiff has been suffering for 3.5 years from the

injuries sustained in the collision, and has paid for many of his medical bills out of pocket. Now,

the trial date has been moved indefinitely, and he may need to wait an additional year for his day

in court working a prejudice in terms of delayed justice, and the time-value of money.
06107 • 203.399-0000

Because the plaintiff has been severely prejudiced by the non-compliance, and the
• 203.913.4179

unfounded moving of the trial date, plaintiff’s counsel has been forced to engage in motion

practice to obtain the discovery and to obtain justifiable sanctions against the defendants

The plaintiff therefore, respectfully requests that the Court issues the following orders:
06901
CONNECTICUT

(1) an order that the defendant be precluded from offering any defenses as to liability;
Connecticut

(2) that the jury be instructed that they may form an adverse inference as to liability,
LLC
Juris #
Juris # 438704
Law Group

(3) that the defendant be precluded from offering any defenses as to the severity of
psc
A. Goff, Esq.
263 Tresser Boulevard, 9th Floor • Stamford,
TJC•ESQ,
HARTFORD,

the impact, as a result of the fact that the defendant has not disclosed any vehicle photographs to
Goff

plaintiff’s counsel per discovery requirements;
75 BRACE ROAD, WESTBrooke

(4) that when the plaintiff does file an offer of compromise, the interest to be awarded

reach back to the date of filing of the complaint; and

(4) that the plaintiff be awarded all costs associated with the filing of this motion.

WHEREFORE, for all the reasons stated above, the plaintiff asks this Court to grant his

motion for sanctions.

THE PLAINTIFF,

BY
Elisabeth M. Swanson, Esq.
Goff Law Group LLC
75 Brace Road
Hartford, CT 06107
Tel: 203-399-0000
Fax: 203-295-3666
Juris # 438704
-4 -
CERTIFICATION

I hereby certify that a copy of the above was electronically delivered on the above
referenced date to all counsel and self-represented parties of record and that written consent for
electronic delivery was received from all counsel and self-represented parties of record who were
06107 • 203.399-0000

electronically served.
• 203.913.4179

Daniel Sanchez, Esq.
Mazza and Welch
1375 Kings Highway East
Fairfield, Connecticut 06824
dsanchez@geico.com
06901
CONNECTICUT
Connecticut
LLC
Juris #
Juris # 438704
Law Group
psc
A. Goff, Esq.

By ______________________
263 Tresser Boulevard, 9th Floor • Stamford,
TJC•ESQ,
HARTFORD,

Elisabeth M Swanson, Esq.
GOFF LAW GROUP, LLC
Goff
75 BRACE ROAD, WESTBrooke

-5 -
Exhibit A
Fax Confirmation

To: (212) 636-3102 From: (203) 487-5899

Fax_Roman Borysiuk 2020-07-13
15-26-29_Seneviratne request
Doc: 4.5.21_2021-04-05-1218-PDT.pdf Pages: 2

Sent: April 5, 2021 12:18 PM PDT Rec’d: April 5, 2021 12:20 PM PDT
GOFF LAW GROUP LLC
_____ A FULL-SERVICE PERSONAL INJURY LAW FIRM________________
BROOKE A. GOFF, ESQ. 75 BRACE ROAD
FOUNDING PARTNER* WEST HARTFORD, CT 06107

NORMA R. MANDULAK, ESQ. 100 BEARD SAW MILL ROAD
PARTNER* SUITE 285
SHELTON, CT 06484
JOHN KANCA, ESQ.
PARTNER* TEL: (203) 399-0000
FAX: (203) 295-3666
ELISABETH MADIN SWANSON, ESQ.
ATTORNEY AT LAW* www.gofflawgroup.net

ANNETTE SMITH, ESQ.
ATTORNEY AT LAW * *ADMITTED IN CONNECTICUT

+*ADMITTED IN NEW JERSEY
DAVID LAFOLLETTE, ESQ.
ATTORNEY AT LAW * +**ADMITTED IN MASHANTUCKET PEQUOT
TRIBAL COURT

DANIELLE A. WISNIOWSKI , ESQ.
ATTORNEY AT LAW *

TIFFANY L. SABATO, ESQ.
ATTORNEY AT LAW * +* +**

April 5, 2021

Via Fax: 212-636-3102

Aruna M Seneviratne, MD
Mount Sinai
Orthopedics & Orthopedic Surgery

Re: Our Client: Roman Borysiuk
Date of Birth: 8/18/1959
Date of Service: 8/1/2018 – Present (records AND bills)

Dear Sir/Madam:

We represent the above captioned patient. Please see attached authorization. Please forward all
medical records and bills for the date of service 8/1/2018 – Present

Please provide records and bills by either fax (203) 295-3666 mail 75 Brace Road West Hartford,
CT 06107. Thank you.

Very Truly Yours,

Jennifer Reindl
Jennifer Reindl
Paralegal
Aruna M Seneviratne, MD
Mount Sinai - Orthopedics & Orthopedic Surgery

Roman Borysiuk 8/18/59

75 Brace Road West Hartford, CT 06107

8/1/2018
Present

Goff Law Group

4/5/2021
Exhibit B
Fax Confirmation

To: (212) 523-8730 From: (203) 487-5899

Fax_auth_Request_2021-05-04-1005
Doc: -PDT.pdf Pages: 2

Sent: May 4, 2021 10:05 AM PDT Rec’d: May 4, 2021 10:07 AM PDT
GOFF LAW GROUP LLC
_____ A FULL-SERVICE PERSONAL INJURY LAW FIRM________________
BROOKE A. GOFF, ESQ. 75 BRACE ROAD
FOUNDING PARTNER* WEST HARTFORD, CT 06107

ANNETTE SMITH, ESQ.
ATTORNEY AT LAW * *ADMITTED IN CONNECTICUT

+*ADMITTED IN NEW JERSEY
DAVID LAFOLLETTE, ESQ.
ATTORNEY AT LAW * +**ADMITTED IN MASHANTUCKET PEQUOT
TRIBAL COURT

DANIELLE A. WISNIOWSKI , ESQ.
ATTORNEY AT LAW *

TIFFANY L. SABATO, ESQ.
ATTORNEY AT LAW * +* +**

May 4, 2021 Re-Faxed to: 212-523-8730
April 5, 2021
Via Fax: 212-636-3102

Dr. Aruna M Seneviratne, MD
Mount Sinai, Orthopedics & Orthopedic Surgery

Re: Our Client: Roman Borysiuk
Date of Birth: 8/18/1959
Date of Service: 8/1/2018 – Present (medical records)

Dear Sir/Madam:

We represent the above captioned patient. Please see attached authorization. Please forward all
medical records for the date of service 8/1/2018 – Present

Please provide records and bills by either fax (203) 295-3666 mail 75 Brace Road West Hartford,
CT 06107. Thank you.

Very Truly Yours,

Jennifer Reindl
Jennifer Reindl
Paralegal
Dr. Aruna M Seneviratne, MD
Mount Sinai, Orthopedics & Orthopedic Surgery

Roman Borysiuk 8/18/59

75 Brace Road West Hartford, CT 06107

8/1/2018
Present (all medical records)

Goff Law Group

5/4/2021
Exhibit C
Fax Confirmation

To: (212) 523-8730 From: (203) 487-5899

Fax_auth_request_2021-11-05-0841-
Doc: PDT.pdf Pages: 3

Sent: November 5, 2021 8:41 AM PDT Rec’d: November 5, 2021 8:43 AM PDT
GOFF LAW GROUP LLC
_____ A FULL-SERVICE PERSONAL INJURY LAW FIRM________________
BROOKE A. GOFF, ESQ. 75 BRACE ROAD
FOUNDING PARTNER* WEST HARTFORD, CT 06107

ANNETTE SMITH, ESQ.
ATTORNEY AT LAW * *ADMITTED IN CONNECTICUT

+*ADMITTED IN NEW JERSEY
DAVID LAFOLLETTE, ESQ.
ATTORNEY AT LAW * +**ADMITTED IN MASHANTUCKET PEQUOT
TRIBAL COURT

DANIELLE A. WISNIOWSKI , ESQ.
ATTORNEY AT LAW *

TIFFANY L. SABATO, ESQ.
ATTORNEY AT LAW * +* +**

November 5, 2021

Via Fax: 212-523-8730

Dr. Aruna M Seneviratne, MD
Mount Sinai, Orthopedics & Orthopedic Surgery

Re: Our Client: Roman Borysiuk
Date of Birth: 8/18/1959
Date of Service: 8/1/2018 – Present (billing)

Dear Sir/Madam:

We represent the above captioned patient. Please see attached authorization. Please forward all
itemized bill for the date of service 8/1/2018 – Present.

**Please let me know if there is a separate billing contact and provide their telephone, fax #
or email. My Tel: 203-399-0000. Thank you.

Please provide records and bills by either fax (203) 295-3666 mail 75 Brace Road West Hartford,
CT 06107. Thank you.

Very Truly Yours,

Jennifer Reindl
Jennifer Reindl
Paralegal
Roman Borysiuk 8/18/1959

75 Brace Road West Hartford, CT 06107

Goff Law Group, LLC
Exhibit D
Elisabeth Swanson

From: Elisabeth Swanson
Sent: Friday, November 5, 2021 4:53 PM
To: Sanchez, Daniel
Cc: Jennifer Reindl; Ryan, Dianne
Subject: RE: Borysiuk, Roman v. Masini, Michele & Meagher, Ryan-20-2007847

Hi Dan,

I reviewed these records, and they are only related to complaints of trigger finger which are not being claimed presently.

Thanks,
Liz

From: Sanchez, Daniel
Sent: Wednesday, November 3, 2021 1:53 PM
To: Elisabeth Swanson
Cc: Jennifer Reindl ; Ryan, Dianne
Subject: RE: Borysiuk, Roman v. Masini, Michele & Meagher, Ryan-20-2007847

Hey Elisabeth,

Have you received the medical records and bills for Mount Sinai, Dr. Aruna Seneviratne? We have still not been
provided those records.

Thanks,

~Danny

Daniel Sanchez
Staff Attorney
Mazza & Welch
1375 Kings Highway East
Suite 475
Fairfield, CT 06824
Office: (203) 331-1505, ext. 3943

1
Fax: (203) 292-2181

Sensitivity: General/Internal

From: Elisabeth Swanson
Sent: Friday, October 22, 2021 9:58 AM
To: Sanchez, Daniel
Cc: Jennifer Reindl
Subject: RE: Borysiuk, Roman v. Masini, Michele & Meagher, Ryan-20-2007847

*** CAUTION: EXTERNAL EMAIL. This email originated from outside the company. Do not open attachments or click on links from
unknown or suspicious senders. Report suspicious emails using the Phish Alert Button ***

I’m just going to attach them here as my paralegal is a little backed up on supplemental compliance. We’ll disclose
formally at a later date.

From: Sanchez, Daniel
Sent: Friday, October 22, 2021 9:23 AM
To: Elisabeth Swanson
Subject: RE: Borysiuk, Roman v. Masini, Michele & Meagher, Ryan-20-2007847

Hey Liz,

Any update on obtaining the ortho records you mentioned below?

Thanks,

~Danny

Daniel Sanchez
Staff Attorney
Mazza & Welch
1375 Kings Highway East
Suite 475
Fairfield, CT 06824
2
Office: (203) 331-1505, ext. 3943
Fax: (203) 292-2181

Sensitivity: General/Internal

From: Elisabeth Swanson
Sent: Thursday, September 2, 2021 1:52 PM
To: Sanchez, Daniel
Cc: RomanBorysiukZ7446579@projects.filevine.com
Subject: RE: Borysiuk, Roman v. Masini, Michele & Meagher, Ryan-20-2007847

Dan,

After a long discussion with my client, we are going to withdraw the retina claims. He would like to move on with his life
and I am hopeful that by narrowing the issues, we’ll be able to work toward a resolution. He does continue to have pain
in his low back and he went to his ortho in NY in July who again mentioned, eventually he’ll need surgery. I’m working
on getting those records. As such, I believe the case still merits your insured’s full policy of $50k.

Let me know what you’re thinking.

Liz

From: Ryan, Dianne
Sent: Wednesday, September 1, 2021 2:16 PM
To: Jennifer Reindl ; Elisabeth Swanson
Cc: Sanchez, Daniel
Subject: Borysiuk, Roman v. Masini, Michele & Meagher, Ryan-20-2007847
Importance: High

Please provide the fee schedule for depositions of the following Plaintiff’s doctors:

1. Ratchford Eye Center: Dr. Brett W. Kjellen, O.D.
3
2. New England Retina Associates: Dr. John J. Huang, M.D.

Thanks,

Dianne B. Ryan
Mazza & Welch

Employees of Government Employees Insurance Company
1375 Kings Highway East, Suite 475
Fairfield, CT 06824
(203)331-1505 Ext.3948
(203)292-2166 (Fax)
(877)281-1241 (Desktop Fax)

Sensitivity: General/Internal

====================
This email/fax message is for the sole use of the intended
recipient(s) and may contain confidential and privileged information.
Any unauthorized review, use, disclosure or distribution of this
email/fax is prohibited. If you are not the intended recipient, please
destroy all paper and electronic copies of the original message.

Sensitivity: General/Internal

====================
This email/fax message is for the sole use of the intended
recipient(s) and may contain confidential and privileged information.
4
Any unauthorized review, use, disclosure or distribution of this
email/fax is prohibited. If you are not the intended recipient, please
destroy all paper and electronic copies of the original message.

5
Elisabeth Swanson

From: Elisabeth Swanson
Sent: Friday, December 3, 2021 10:25 AM
To: Sanchez, Daniel
Subject: FW: Borysiuk, Roman v. Masini, Michele & Meagher, Ryan-20-2007847

From: Elisabeth Swanson
Sent: Friday, November 5, 2021 4:53 PM
To: Sanchez, Daniel
Cc: Jennifer Reindl ; Ryan, Dianne
Subject: RE: Borysiuk, Roman v. Masini, Michele & Meagher, Ryan-20-2007847

Hi Dan,

I reviewed these records, and they are only related to complaints of trigger finger which are not being claimed presently.

Thanks,
Liz

From: Sanchez, Daniel
Sent: Wednesday, November 3, 2021 1:53 PM
To: Elisabeth Swanson
1
Cc: Jennifer Reindl ; Ryan, Dianne
Subject: RE: Borysiuk, Roman v. Masini, Michele & Meagher, Ryan-20-2007847

Hey Elisabeth,

Have you received the medical records and bills for Mount Sinai, Dr. Aruna Seneviratne? We have still not been
provided those records.

Thanks,

~Danny

Daniel Sanchez
Staff Attorney
Mazza & Welch
1375 Kings Highway East
Suite 475
Fairfield, CT 06824
Office: (203) 331-1505, ext. 3943
Fax: (203) 292-2181

Sensitivity: General/Internal

From: Elisabeth Swanson
Sent: Friday, October 22, 2021 9:58 AM
To: Sanchez, Daniel
Cc: Jennifer Reindl
Subject: RE: Borysiuk, Roman v. Masini, Michele & Meagher, Ryan-20-2007847

I’m just going to attach them here as my paralegal is a little backed up on supplemental compliance. We’ll disclose
formally at a later date.

2
From: Sanchez, Daniel
Sent: Friday, October 22, 2021 9:23 AM
To: Elisabeth Swanson
Subject: RE: Borysiuk, Roman v. Masini, Michele & Meagher, Ryan-20-2007847

Hey Liz,

Any update on obtaining the ortho records you mentioned below?

Thanks,

~Danny

Daniel Sanchez
Staff Attorney
Mazza & Welch
1375 Kings Highway East
Suite 475
Fairfield, CT 06824
Office: (203) 331-1505, ext. 3943
Fax: (203) 292-2181

Sensitivity: General/Internal

Dan,

Let me know what you’re thinking.

Liz

3
From: Ryan, Dianne
Sent: Wednesday, September 1, 2021 2:16 PM
To: Jennifer Reindl ; Elisabeth Swanson
Cc: Sanchez, Daniel
Subject: Borysiuk, Roman v. Masini, Michele & Meagher, Ryan-20-2007847
Importance: High

Please provide the fee schedule for depositions of the following Plaintiff’s doctors:

1. Ratchford Eye Center: Dr. Brett W. Kjellen, O.D.
2. New England Retina Associates: Dr. John J. Huang, M.D.

Thanks,

Dianne B. Ryan
Mazza & Welch

Employees of Government Employees Insurance Company
1375 Kings Highway East, Suite 475
Fairfield, CT 06824
(203)331-1505 Ext.3948
(203)292-2166 (Fax)
(877)281-1241 (Desktop Fax)

Sensitivity: General/Internal

4
Sensitivity: General/Internal

Sensitivity: General/Internal

5
Elisabeth Swanson

From: Elisabeth Swanson
Sent: Friday, December 3, 2021 10:26 AM
To: Sanchez, Daniel
Cc: Jennifer Reindl; Ryan, Dianne
Subject: RE: Borysiuk, Roman v. Masini, Michele & Meagher, Ryan-20-2007847

Hi Danny,

I just forwarded you my email from 11/5.

Liz

From: Sanchez, Daniel
Sent: Friday, December 3, 2021 10:24 AM
To: Elisabeth Swanson
Cc: Jennifer Reindl ; Ryan, Dianne
Subject: RE: Borysiuk, Roman v. Masini, Michele & Meagher, Ryan-20-2007847

Hey Elisabeth,

Any update on obtaining the medical records and bills mentioned below?

Please advise.

Thanks,

~Danny

Daniel Sanchez
Staff Attorney
Mazza & Welch
1375 Kings Highway East
Suite 475
Fairfield, CT 06824
Office: (203) 331-1505, ext. 3943

1
Fax: (203) 292-2181

Sensitivity: General/Internal

From: Sanchez, Daniel
Sent: Wednesday, November 3, 2021 1:53 PM
To: Elisabeth Swanson
Cc: Jennifer Reindl ; Ryan, Dianne
Subject: RE: Borysiuk, Roman v. Masini, Michele & Meagher, Ryan-20-2007847

Hey Elisabeth,

Have you received the medical records and bills for Mount Sinai, Dr. Aruna Seneviratne? We have still not been
provided those records.

Thanks,

~Danny

Daniel Sanchez
Staff Attorney
Mazza & Welch
1375 Kings Highway East
Suite 475
Fairfield, CT 06824
Office: (203) 331-1505, ext. 3943
Fax: (203) 292-2181

Sensitivity: General/Internal

From: Elisabeth Swanson
Sent: Friday, October 22, 2021 9:58 AM
To: Sanchez, Daniel
Cc: Jennifer Reindl
Subject: RE: Borysiuk, Roman v. Masini, Michele & Meagher, Ryan-20-2007847

I’m just going to attach them here as my paralegal is a little backed up on supplemental compliance. We’ll disclose
formally at a later date.

2
From: Sanchez, Daniel
Sent: Friday, October 22, 2021 9:23 AM
To: Elisabeth Swanson
Subject: RE: Borysiuk, Roman v. Masini, Michele & Meagher, Ryan-20-2007847

Hey Liz,

Any update on obtaining the ortho records you mentioned below?

Thanks,

~Danny

Daniel Sanchez
Staff Attorney
Mazza & Welch
1375 Kings Highway East
Suite 475
Fairfield, CT 06824
Office: (203) 331-1505, ext. 3943
Fax: (203) 292-2181

Sensitivity: General/Internal

Dan,

3
After a long discussion with my client, we are going to withdraw the retina claims. He would like to move on with his life
and I am hopeful that by narrowing the issues, we’ll be able to work toward a resolution. He does continue to have pain
in his low back and he went to his ortho in NY in July who again mentioned, eventually he’ll need surgery. I’m working
on getting those records. As such, I believe the case still merits your insured’s full policy of $50k.

Let me know what you’re thinking.

Liz

Please provide the fee schedule for depositions of the following Plaintiff’s doctors:

1. Ratchford Eye Center: Dr. Brett W. Kjellen, O.D.
2. New England Retina Associates: Dr. John J. Huang, M.D.

Thanks,

Dianne B. Ryan
Mazza & Welch

Employees of Government Employees Insurance Company
1375 Kings Highway East, Suite 475
Fairfield, CT 06824
(203)331-1505 Ext.3948
(203)292-2166 (Fax)
(877)281-1241 (Desktop Fax)

Sensitivity: General/Internal
4
====================
This email/fax message is for the sole use of the intended
recipient(s) and may contain confidential and privileged information.
Any unauthorized review, use, disclosure or distribution of this
email/fax is prohibited. If you are not the intended recipient, please
destroy all paper and electronic copies of the original message.

Sensitivity: General/Internal

Case Info

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James W. Abrams Track Judge’s New Case

Case No.

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Document Filed Date

January 26, 2022

Case Filing Date

July 27, 2020

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Motion,Ex Parte: BORYSIUK, ROMAN v. MASINI, MICHELE Et Al

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