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Filing # 115088524 E-Filed 10/16/2020 10:33:09 AM
2010-041
IN THE CIRCUIT COURT OF THE EIGHTH JUDICIAL CIRCUIT IN AND FOR
ALACHUA COUNTY, FLORIDA
BRENDA SNOW,
Plaintiff(s),
vs. CASE NO.: 01 2020 CA 001350
SHANDS TEACHING HOSPITAL AND
CLINICS, INC. d/b/a UF HEALTH
SHANDS HOSPITAL, A Florida Non-
Profit Corporation and UNIVERSITY OF
FLORIDA BOARD OF TRUSTEES d/b/a
UF HEALTH EYE CENTER, a Florida
Public Body Corporate,
Defendant(s).
—! /
REQUEST TO PRODUCE TO PLAINTIFF
COMES NOW Defendant, UNIVERSITY OF FLORIDA BOARD OF
TRUSTEES d/b/a UF HEALTH EYE CENTER, a Florida Public Body Corporate, by
and through their undersigned attorneys, and hereby request that the Plaintiff, BRENDA
SNOW, pursuant to Rule 1.350, Florida Rules of Civil Procedure, produce and permit the
Defendant to inspect and copy each of the following documents:
1 Birth certificate of the Plaintiff.
2. All marriage licenses and divorce decrees pertaining to the Plaintiff, if
applicable.
If the plaintiff is making a loss of earnings claim or loss of income earning
capacity claim, please produce copies of the Plaintiff's tax returns, whether
joint or, single returns, during the past six (6) years. This includes both
personal and corporate tax returns of corporations or businesses in which
the Plaintiff had a financial interest.
Copies of cover sheets of any and all health insurance policies in effect
during the past ten years, which covered the Plaintiff.
"2020 CA 001350" 115088524 Filed at Alachua County Clerk 10/16/2020 10:33:13 AM EDT
Case No.: 01 2020 CA 001350
Copies of all photographs of the plaintiff taken during his treatment by this
Defendant, if the area of complaint or part of the body which is the subject
of this claim is depicted.
Copies of any photographs taken by the plaintiff or on the plaintiff's behalf
for purposes of depicting the post diagnosis and post treatment condition or
subject of any failure to diagnose or delayed diagnosis or disfigurement
associated allegedly with the Defendant’s treatment.
Any and all videotapes that have been taken of the plaintiff, which are
pertinent to the treatment being sued upon.
Medical records of the Plaintiff for the past ten (10) years.
All medical bills and statements, including, but not limited to, statements of
physicians, hospitals, and other institutions or individuals providing care
and treatment to the Plaintiff for the past ten years showing the amounts
paid and billed alike. If the plaintiff is a Medicaid or Medicare recipient, a
signed authorization, which is attached hereto, for production of a payout
listing identifying any providers paid, is to be provided.
10. Medical records of the Plaintiff from the time of this Defendant’s treatment
until the present, which you contend tend to prove any negligence on the
part of this Defendant.
11 All medical bills and statements, including, but not limited to, statements of
physicians, hospitals, and other institutions or individuals providing care
and treatment to the Plaintiff from the date of the Defendant’s treatment at
issue until the present, which you intend to claim as economic damages,
which show the amounts actually paid and billed as well as any collateral
source payments and the extent of any health insurers’ liens.
12 All statements made by this Defendant, his agents or employees, that are in
possession of the Plaintiff, or Plaintiffs attorneys, or Plaintiff's agents,
regarding the treatment complained of or in any way relating to the issues
raised by the Complaint and the responses thereto.
13 All statements made by any Defendant, his agents or employees, that are in
possession of the Plaintiff, or Plaintiffs attorneys, or Plaintiffs agents,
regarding the treatment complained of or in any way relating to the issues
raised by the Complaint and the responses thereto.
Case No.: 01 2020 CA 001350
14 All statements made by any individual, including former employees, of any
Defendant, that are in possession of the Plaintiff, or Plaintiff's attorneys, or
Plaintiff's agents, regarding the treatment complained of or in any way
relating to the issues raised by the Complaint and the responses thereto.
15 Copies of all educational and professional degrees, diplomas or certificates
of achievement or competency of the Plaintiff if a wage loss or economic
claim is being pursued.
16. Certificates of title for all property, real or personal that was in the name of
the Plaintiff either individually or with others.
17 All documents in possession of the Plaintiff, the Plaintiff's agents, which
support the allegation that any other Defendant was in any way negligent
and that negligence resulted in injury or damage to the Plaintiff.
18 Copies of any and all notices of intent to collect damages from the tort-
feasor directed towards any provider of collateral source payments pursuant
to Florida Statute § 768.76(6). Please also include proof that the notice was
sent by certified or registered mail.
19, Copies of any statements from providers of collateral source payments
which assert a right to subrogation or reimbursement pursuant to Florida
Statute § 768.76(7).
20. Copies of any correspondence written to anyone, other than this Defendant,
constituting notices of intent or referencing the Plaintiff's belief that the
recipient of such correspondence is or may be liable for all or some of the
damages being claimed against this Defendant.
21 Copies of any journal, diary, or notes generated by or maintained by
Plaintiff concerning any discussion, doctor's visit, treatment or procedure
which in any way discusses or impacts upon the Defendant’s treatment, the
alleged liability of this Defendant or any issue related to the claims made in
this lawsuit.
22 Copies of any papers served upon the Plaintiff in this cause by other
Defendants and not referenced as having been served upon this Defendant
through his undersigned counsel.
23 Copies of any other documents not otherwise produced which describe the
basis and reason for any damages being claimed by the Plaintiff in this
cause.
Case No.: 01 2020 CA 001350
24, Copies of any records concerning any petitions for injunctive relief
involving the Plaintiff and spouse or any other records of a domestic
relations nature concerning any of the relationships or legal obligations
towards one another, including, but not limited to, dissolution petitions or
the like; paternity proceedings; child support proceedings; adoption
proceedings; separations etc.
25 Copies of all medical reports received by the Plaintiff(s), Plaintiff(s)’
attorneys, investigators, agents, servants, or employees, from doctors,
physicians or anyone else who has rendered treatment to the Plaintiff(s), for
injuries incurred as a result of the accident or incident which is the subject
matter of this lawsuit.
26. Copies of all medical reports received by the Plaintiff(s), Plaintiff(s)’
attorneys, investigators, agents, servants, or employees, from any doctor,
physician, or member of the healing arts who has examined the Plaintiff(s)'s
physical or mental condition subsequent to the accident or incident which is
the subject matter of this lawsuit.
27. All documents reflecting payments made to Plaintiff(s) or on their behalf,
as a result of the incident and/or damages that are the subject of this case by
the following:
a. The United States Social Security Act; any Federal State or local
Disability Act; any other public programs providing medical benefits
or payment for medical expenses, disability, or other similar
benefits.
Any health, sickness or disability income insurance or other similar
insurance benefits.
Any contract or agreements of any group, organization, partnership
or corporation to provide, pay or reimburse costs of hospital,
medical or other health care services.
Any contractual or voluntary wage continuation plan provided by
any employers of the Plaintiff(s) or any other system intended to
provide wages during any period of alleged disability of the
Plaintiff(s).
Case No.: 01 2020 CA 001350
€, Any other collateral source whatsoever providing compensation as a
result of the damages incurred as a result of the incident or incidents
which are the subject of this claim.
28 The complete reports of all governmental agencies who may have
investigated the allegations made in this lawsuit.
29. Copies of all reports received from experts Plaintiff(s) intend to call at trial
to testify and copies of all documents the experts have reviewed in
preparation for rendering any opinions in this case.
30 Copies of all documents which the experts have reviewed in arriving at
their opinions in this case. (This request only relates to experts Plaintiff(s)
intend to call at trial to testify.)
31 All other documents in the possession or control of the Plaintiff(s) which
support the Plaintiff(s)’ claims that the Defendants are liable for the
damages being claimed in this case.
32 Any and all documents upon which Plaintiff relies in support of Plaintiffs
claim for damages or liability, and which have not been produced pursuant
to other requests specifically enumerated above.
NOTE: IF COST FOR MAKING COPIES IS EXPECTED TO EXCEED $100.00,
PLEASE CONTACT OUR OFFICE FOR PRE-APPROVAL.
CERTIFICATE OF SERVICE
I hereby certify that on this 16 day of October, 2020, a true and correct copy of
the foregoing has been electronically filed with the Clerk of the Court by using the
Florida Courts E-Filing Portal, and furnished via email to the following: Andrea A.
Lewis, Esquire, SEARCY DENNEY SCAROLA BARNHART & SHIPLEY P.A., 2139
Palm Beach Lakes Boulevard, West Palm Beach, FL 33409; Francis E. Pierce, III,
Esquire, MATEER HARBERT, P.A., 225 East Robinson Street, Suite 600, Orlando, FL
32801; at the following email addresses
alewis@searcylaw.com;
lewisteam@searcylaw.com;
mweschrek@searcylaw.com;
Case No.: 01 2020 CA 001350
litpleadings@mateerharbert.com
/s/ Wilbert R. Vancol
Rafael E. Martinez
Florida Bar No.: 0243248
rmartinez@mmdorl.com
Wilbert R. Vancol
Florida Bar No.: 0093132
wvancol@mmdorl.com
McEwan, Martinez, Dukes & Hall, P.A.
Post Office Box 753
Orlando, FL 32802-0753
Telephone: (407) 423-8571
Facsimile: (407) 423-8637
E-Service: NOS@mmdorl.com
Attorneys for Defendant, UNIVERSITY
OF FLORIDA BOARD OF TRUSTEES
d/b/a UF HEALTH EYE CENTER, a
Florida Public Body Corporate
Preview
Filing # 115088524 E-Filed 10/16/2020 10:33:09 AM 2010-041 IN THE CIRCUIT COURT OF THE EIGHTH JUDICIAL CIRCUIT IN AND FOR ALACHUA COUNTY, FLORIDA BRENDA SNOW, Plaintiff(s), vs. CASE NO.: 01 2020 CA 001350 SHANDS TEACHING HOSPITAL AND CLINICS, INC. d/b/a UF HEALTH SHANDS HOSPITAL, A Florida Non- Profit Corporation and UNIVERSITY OF FLORIDA BOARD OF TRUSTEES d/b/a UF HEALTH EYE CENTER, a Florida Public Body Corporate, Defendant(s). —! / REQUEST TO PRODUCE TO PLAINTIFF COMES NOW Defendant, UNIVERSITY OF FLORIDA BOARD OF TRUSTEES d/b/a UF HEALTH EYE CENTER, a Florida Public Body Corporate, by and through their undersigned attorneys, and hereby request that the Plaintiff, BRENDA SNOW, pursuant to Rule 1.350, Florida Rules of Civil Procedure, produce and permit the Defendant to inspect and copy each of the following documents: 1 Birth certificate of the Plaintiff. 2. All marriage licenses and divorce decrees pertaining to the Plaintiff, if applicable. If the plaintiff is making a loss of earnings claim or loss of income earning capacity claim, please produce copies of the Plaintiff's tax returns, whether joint or, single returns, during the past six (6) years. This includes both personal and corporate tax returns of corporations or businesses in which the Plaintiff had a financial interest. Copies of cover sheets of any and all health insurance policies in effect during the past ten years, which covered the Plaintiff. "2020 CA 001350" 115088524 Filed at Alachua County Clerk 10/16/2020 10:33:13 AM EDT Case No.: 01 2020 CA 001350 Copies of all photographs of the plaintiff taken during his treatment by this Defendant, if the area of complaint or part of the body which is the subject of this claim is depicted. Copies of any photographs taken by the plaintiff or on the plaintiff's behalf for purposes of depicting the post diagnosis and post treatment condition or subject of any failure to diagnose or delayed diagnosis or disfigurement associated allegedly with the Defendant’s treatment. Any and all videotapes that have been taken of the plaintiff, which are pertinent to the treatment being sued upon. Medical records of the Plaintiff for the past ten (10) years. All medical bills and statements, including, but not limited to, statements of physicians, hospitals, and other institutions or individuals providing care and treatment to the Plaintiff for the past ten years showing the amounts paid and billed alike. If the plaintiff is a Medicaid or Medicare recipient, a signed authorization, which is attached hereto, for production of a payout listing identifying any providers paid, is to be provided. 10. Medical records of the Plaintiff from the time of this Defendant’s treatment until the present, which you contend tend to prove any negligence on the part of this Defendant. 11 All medical bills and statements, including, but not limited to, statements of physicians, hospitals, and other institutions or individuals providing care and treatment to the Plaintiff from the date of the Defendant’s treatment at issue until the present, which you intend to claim as economic damages, which show the amounts actually paid and billed as well as any collateral source payments and the extent of any health insurers’ liens. 12 All statements made by this Defendant, his agents or employees, that are in possession of the Plaintiff, or Plaintiffs attorneys, or Plaintiff's agents, regarding the treatment complained of or in any way relating to the issues raised by the Complaint and the responses thereto. 13 All statements made by any Defendant, his agents or employees, that are in possession of the Plaintiff, or Plaintiffs attorneys, or Plaintiffs agents, regarding the treatment complained of or in any way relating to the issues raised by the Complaint and the responses thereto. Case No.: 01 2020 CA 001350 14 All statements made by any individual, including former employees, of any Defendant, that are in possession of the Plaintiff, or Plaintiff's attorneys, or Plaintiff's agents, regarding the treatment complained of or in any way relating to the issues raised by the Complaint and the responses thereto. 15 Copies of all educational and professional degrees, diplomas or certificates of achievement or competency of the Plaintiff if a wage loss or economic claim is being pursued. 16. Certificates of title for all property, real or personal that was in the name of the Plaintiff either individually or with others. 17 All documents in possession of the Plaintiff, the Plaintiff's agents, which support the allegation that any other Defendant was in any way negligent and that negligence resulted in injury or damage to the Plaintiff. 18 Copies of any and all notices of intent to collect damages from the tort- feasor directed towards any provider of collateral source payments pursuant to Florida Statute § 768.76(6). Please also include proof that the notice was sent by certified or registered mail. 19, Copies of any statements from providers of collateral source payments which assert a right to subrogation or reimbursement pursuant to Florida Statute § 768.76(7). 20. Copies of any correspondence written to anyone, other than this Defendant, constituting notices of intent or referencing the Plaintiff's belief that the recipient of such correspondence is or may be liable for all or some of the damages being claimed against this Defendant. 21 Copies of any journal, diary, or notes generated by or maintained by Plaintiff concerning any discussion, doctor's visit, treatment or procedure which in any way discusses or impacts upon the Defendant’s treatment, the alleged liability of this Defendant or any issue related to the claims made in this lawsuit. 22 Copies of any papers served upon the Plaintiff in this cause by other Defendants and not referenced as having been served upon this Defendant through his undersigned counsel. 23 Copies of any other documents not otherwise produced which describe the basis and reason for any damages being claimed by the Plaintiff in this cause. Case No.: 01 2020 CA 001350 24, Copies of any records concerning any petitions for injunctive relief involving the Plaintiff and spouse or any other records of a domestic relations nature concerning any of the relationships or legal obligations towards one another, including, but not limited to, dissolution petitions or the like; paternity proceedings; child support proceedings; adoption proceedings; separations etc. 25 Copies of all medical reports received by the Plaintiff(s), Plaintiff(s)’ attorneys, investigators, agents, servants, or employees, from doctors, physicians or anyone else who has rendered treatment to the Plaintiff(s), for injuries incurred as a result of the accident or incident which is the subject matter of this lawsuit. 26. Copies of all medical reports received by the Plaintiff(s), Plaintiff(s)’ attorneys, investigators, agents, servants, or employees, from any doctor, physician, or member of the healing arts who has examined the Plaintiff(s)'s physical or mental condition subsequent to the accident or incident which is the subject matter of this lawsuit. 27. All documents reflecting payments made to Plaintiff(s) or on their behalf, as a result of the incident and/or damages that are the subject of this case by the following: a. The United States Social Security Act; any Federal State or local Disability Act; any other public programs providing medical benefits or payment for medical expenses, disability, or other similar benefits. Any health, sickness or disability income insurance or other similar insurance benefits. Any contract or agreements of any group, organization, partnership or corporation to provide, pay or reimburse costs of hospital, medical or other health care services. Any contractual or voluntary wage continuation plan provided by any employers of the Plaintiff(s) or any other system intended to provide wages during any period of alleged disability of the Plaintiff(s). Case No.: 01 2020 CA 001350 €, Any other collateral source whatsoever providing compensation as a result of the damages incurred as a result of the incident or incidents which are the subject of this claim. 28 The complete reports of all governmental agencies who may have investigated the allegations made in this lawsuit. 29. Copies of all reports received from experts Plaintiff(s) intend to call at trial to testify and copies of all documents the experts have reviewed in preparation for rendering any opinions in this case. 30 Copies of all documents which the experts have reviewed in arriving at their opinions in this case. (This request only relates to experts Plaintiff(s) intend to call at trial to testify.) 31 All other documents in the possession or control of the Plaintiff(s) which support the Plaintiff(s)’ claims that the Defendants are liable for the damages being claimed in this case. 32 Any and all documents upon which Plaintiff relies in support of Plaintiffs claim for damages or liability, and which have not been produced pursuant to other requests specifically enumerated above. NOTE: IF COST FOR MAKING COPIES IS EXPECTED TO EXCEED $100.00, PLEASE CONTACT OUR OFFICE FOR PRE-APPROVAL. CERTIFICATE OF SERVICE I hereby certify that on this 16 day of October, 2020, a true and correct copy of the foregoing has been electronically filed with the Clerk of the Court by using the Florida Courts E-Filing Portal, and furnished via email to the following: Andrea A. Lewis, Esquire, SEARCY DENNEY SCAROLA BARNHART & SHIPLEY P.A., 2139 Palm Beach Lakes Boulevard, West Palm Beach, FL 33409; Francis E. Pierce, III, Esquire, MATEER HARBERT, P.A., 225 East Robinson Street, Suite 600, Orlando, FL 32801; at the following email addresses alewis@searcylaw.com; lewisteam@searcylaw.com; mweschrek@searcylaw.com; Case No.: 01 2020 CA 001350 litpleadings@mateerharbert.com /s/ Wilbert R. Vancol Rafael E. Martinez Florida Bar No.: 0243248 rmartinez@mmdorl.com Wilbert R. Vancol Florida Bar No.: 0093132 wvancol@mmdorl.com McEwan, Martinez, Dukes & Hall, P.A. Post Office Box 753 Orlando, FL 32802-0753 Telephone: (407) 423-8571 Facsimile: (407) 423-8637 E-Service: NOS@mmdorl.com Attorneys for Defendant, UNIVERSITY OF FLORIDA BOARD OF TRUSTEES d/b/a UF HEALTH EYE CENTER, a Florida Public Body Corporate