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Filing # 108495772 E-Filed 06/08/2020 09:00:31 AM
IN THE CIRCUIT COURT OF THE EIGHTH JUDICIAL CIRCUIT
IN AND FOR ALACHUA COUNTY, FLORIDA
CIVIL DIVISION
GALE ARLEDGE and
TERRANCE ARLEDGE,
her husband,
Plaintiffs, CASE NO: 01-2018-CA-004032
vy.
13™ STREET HOME SALES, LLC,
Defendant.
/
13™ STREET HOME SALES, LLC’S MOTION TO DISMISS FOR FRAUD
The Defendant, 13™ STREET HOME SALES, LLC (hereinafter “Defendant”), by and
through its undersigned counsel, hereby files its Motion to Dismiss for Fraud, and would state as
follows:
BACKGROUND
This is an action which arises from an accident which occurred on September 20, 2017.
On that date, GALE ARLEDGE (hereinafter “Plaintiff’) was on Defendant’s premises for the
purpose of viewing mobile homes; Defendant is a new and used manufactured home dealer.
Plaintiff asserts that she fell at the Defendant’s premises and she has suffered damages. In addition,
her spouse has filed a loss of consortium claim. Defendant denies the allegations.
During the course of her deposition, the Plaintiff asserted that as a result of the fall on the
Defendant’s premises, she suffered injuries to her cervical spine, thoracic spine, lumbar spine,
right shoulder, and experienced muscle spasms as well as numbness and pain in her arms and legs.
As more fully set forth below, Defendant asserts that Plaintiff's purported symptoms due to alleged
injuries to these body parts predated the accident at issue in the instant litigation, and that the
Plaintiff's misleading deposition testimony is proof of a deliberate scheme to defraud the
Defendant and this Court.
"2018 CA 004032" 108495772 Filed at Alachua County Clerk 06/08/2020 09:00:46 AM EDTSTANDARD FOR DISMISSAL FOR FRAUD
“The trial court has the inherent authority, in the exercise of its sound judicial discretion,
to dismiss an action when the plaintiff has perpetrated a fraud on the court[.}” Komblum vy,
Schneider, 609 So.2d 138, 139 (Fla. 4" DCA 1992). See also Cabrerizo v. Fortune Intern. Realty,
760 So.2d 228, 229 (Fla. 3d DCA 2000) and Andrews v. Palmas De Majorca Condominium, 898
So.2d 1066, 1070 (Fla. 5 DCA 2005). “This authority exists because no litigant has a right to
trifle with the courts.” Wenwei Sun v. Aviles, 53 So.3d 1075, 1077 (Fla. 5" DCA 2010) (citing
Morgan vy. Campbell, 816 So.2d 251 (Fla. 2d DCA 2002)) and Tri Star Invs. v. Miele, 407 So.2d
292, 293 (Fla. 2d DCA 1981).
The requisite fraud on the court occurs where it can be demonstrated, clearly and
convincingly, that a party has sentiently set in motion some unconscionable scheme calculated to
interfere with the judicial system's ability impartially to adjudicate a matter by improperly
influencing the trier of fact or unfairly hampering the presentation of the opposing party's claim or
defense. Cox v. Burke, 706 So.2d 43, 46 (Fla. 5" DCA 1998) (citing Aoude v. Mobil Oil Corp.,
892 F.2d 1115, 1118 (1st Cir. 1989)). See also Hutchinson v. Plantation Bay Apartments, LLC,
931 So.2d 957, 960 (Fla. 1* DCA 2006) and Distefano v. State Farm Mut. Auto. Ins. Co., 846
So.2d 572, 574 (Fla. 1 DCA 2003).
“The integrity of the civil litigation process depends on truthful disclosure of facts.” Cox
at 47. “Revealing only some of the facts does not constitute truthful disclosure.” DiStefano at 575
(citing Metro. Dade County v. Martinsen, 736 So.2d 794, 796 (Fla. 3d DCA 1999)).
“Where a plaintiff makes misrepresentations and omissions about her accident and medical
history in interrogatories and in deposition, those misrepresentations and omissions go to the heart
of her claim and subvert the integrity of her action. When the extensive nature of the plaintiff's
past medical history belies her claim that she had forgotten or was confused, she thereby forfeits
her right to proceed with her personal injury action.” Austin v. Liquid Distribs. Inc., 928 So.2d
521 (Fla. 3d DCA 2006).
The Defendant would submit to this Honorable Court that the record evidence in the instant
case conclusively proves that the Plaintiffs misrepresentations and omissions about her medical
history go to the heart of her claim and subvert the integrity of her action.THE PLAINTIFF DELIBERATELY WITHHELD RELEVANT INFORMATION
REGARDING HER PRE-ACCIDENT MEDICAL CONDITIONS IN A
DELIBERATE SCHEME TO DEFRAUD THE COURT
I. The Plaintiff failed to disclose relevant information regarding her pre-accident cervical
symptomology and diagnoses.
At the time of the deposition, the Plaintiff was asked about pre-accident cervical condition:
Prior to the accident of September 20th, 2017, had you ever been diagnosed as
having cervical disc bulges or herniations?
This is prior?
Prior to, ma'am.
Not that I can remember.
Since the accident of September 20th, 2017, have you been diagnosed as having
cervical disc bulges or herniations?
A Yes.
OPror £0
(Deposition of Gale Arledge, pg. 23, |. 14 to 1. 23). The questions were clear and concise; the
Plaintiff was not confused. The Plaintiff offered the same testimony a second time:
Okay. We can take it step by step. Prior to the September 20th, 2017, accident,
had you been diagnosed as having cervical disc bulges or herniations?
Not that I can remember.
Since the accident of September 20th, 2017, have you been diagnosed as having
cervical disc bulges or herniations?
That would be in your spine?
In your cervical spine, in your neck.
Yes.
Who diagnosed you as having cervical disc bulges or herniations?
Sea Spine.
Doctors?
Appel.
FOFOPOrF OF ©
{Deposition of Gale Arledge, pg. 42, 1. 11 to pg. 43, 1. 17). Dr. Appel is a physician that treated
the Plaintiff following the September 20, 2017 fall.
However, an MRI of the Plaintiff's cervical spine obtained on February 18, 20//, clearly
shows the Plaintiff was diagnosed with a bulge at C3-4, a bulge at C4-5, a bulge at C5-6, a bulge
at C6-7, and a bulge at C7-T1. A true and correct copy of the Gainesville Open MRI report of the
February 18, 2011 scan is attached and incorporated herein as Exhibit A.' The MRI was ordered
due to the Plaintiff's complaints of chronic pain and bilateral numbness.
' The parties have agreed to waive records custodians to certify the authenticity of the records.Yet another MRI of the Plaintiff's cervical spine was obtained in 2016. A true and correct
copy of the Advanced Diagnostic Group MRI report dated February 15, 2016 is attached and
incorporated herein as Exhibit B. The 2016 MRI revealed a right paracentral disc herniation
superimposed on dis bulging at C3-4, disc bulging at C4-5, right central disc herniation
superimposed on disc bulging at C5-6, disc bulging at C6-7, and disc bulging at C7-T1.
Not only did the Plaintiff deny prior diagnoses of bulges in her cervical spine, she denied
having experienced neck pain prior to the accident:
In the calendar year prior to the September 20th, 2017, accident, had you
experienced neck pain?
Not that I can remember.
Prior to the accident of September 20th, 2017, had you ever been diagnosed as
having neck pain?
Not that I can remember.
Prior to the accident of September 20th, 2017, had you ever received treatment
for neck pain?
Not that I can remember.
Following the accident of September 20th, 2017, have you experienced neck
pain?
Yes.
Have you been diagnosed as having neck pain?
Yes.
By whom?
Sea Spine.
POPOrF OF DP LOY ©
(Deposition of Gale Arledge, pg. 48, 1. 3 to 1. 21). Sea Spine is the clinic with which Dr. Appel is
affiliated. As previously mentioned, Dr. Appel treated the Plaintiff after the accident. Despite
having ample opportunity to truthfully testify about her pre-accident cervical symptomology, the
Plaintiff failed to do so.
The Plaintiff had been reporting cervical symptomology to her treating physicians and
health professionals for years prior to the accident. Dr. Kornick treated the Plaintiff for cervical
spine symptoms from 2013 through May 2017, four (4) months prior to the accident, Specifically,
Starting on August 19, 20/3, Dr. Komick treated the Plaintiff for cervical spondylolysis
(Deposition of Komick, pg. 22, 1. 10 to pg. 23, 1. 2; pg. 45, 1. 4 to 1. 13) and cervicalgia (Deposition
of Komick, pg. 23, 1. 3 to 1. 8).
The Plaintiff began receiving treatment from Dr. Kornick for neck pain which radiating to
her scapular regions starting on February 10, 2015 (Deposition of Komick, pg. 29, 1. 17 to pg. 30,1. 6; pg. 32, 1. 6 tol. 11; pg. 34, 1. 15 to pg. 35, 1. 1; pg. 50, 1. 20 to pg. 51, 1. 10; pg. 54, 1. 19 to pg.
55,1. 2). Only eight (8) months prior to the incident at the Defendant's premises, the Plaintiff was
diagnosed by Dr. Kornick as having cervical radicular pain, displacement of intervertebral disc at
C5-6, displacement of intervertebral disc at C6-7, cervical stenosis, cervical spondylosis, and
intervertebral disc canal stenosis of neural canal of cervical region (Deposition of Dr. Kornick, pg.
57, 1. 6 to pg. 59, 1. 9), On May 4, 2017, four (4) months prior to the fall, the Plaintiff was
experiencing bilateral lower cervical paraspinal muscle tenderness, pain at the cervical facets on
both sides with extension and rotation of the neck, and decreased range of motion in the cervical
region (Deposition of Dr. Kornick, pg. 62, 1. 4 to 1. 10).
During the same period of time that the Plaintiff received treatment from Dr. Kornick, she
treated with Carlos Zuluaga, DC, for six (6) months in 2014 for cervical, thoracic, and lumbar
symptomology. Specifically with regard to her cervical symptomology at the time she commenced
treatment on April 21, 2014, Zuluaga testified as follows:
Q_ What was her chief complaint at that time?
A_ So she presented with neck pain that was increased in the middle with some
radiating pain to the shoulders bilaterally, on both sides.
(Deposition of Zuluaga, pg. 9, 1. 2 to 1. 5). At the time the Plaintiff ended her treatment with
Zuluaga on October 22, 2014, she still reported cervical pain on a scale of 5 out of 10,” intermittent
burning and shooting pain, and some degree of swelling (Deposition of Zuluaga, pg. 35, 1. 17 to 1.
22).
Il. The Plaintiff failed to disclose relevant information regarding her pre-accident
complaints of numbness and pain in her arms.
The Plaintiff testified during her deposition that she had not experienced numbness in either
arm prior to the accident:
Q Prior to the accident of September 20th, 2017, had you ever been diagnosed as
having numbness in either arm?
Not that I can remember.
Since the accident of September 20th, 2017, have you experienced numbness
in your arms?
QS
? Zuluaga testified that from first day to the last day that he provided treatment to the Plaintiff, she consistently reported
cervical pain (Deposition of Zuluaga, pg. 32, 1. 23 to pg. 33, 1. 1).A Yes.
Q Which arm or arms?
A In my right and left.
(Deposition of Gale Arledge, pg. 50, 1. 4 to 1, 12). However, the Plaintiff reported numbness in
her arms to Dr. Farmer prior to the fall at the Defendant’s premises:
Did she report whether she had bilateral neuropathy?
Yes, she did.
What is bilateral neuropathy?
It's numbness and tingling on both sides, and we didn't necessarily clarify where
she had it, whether it's the arms or the legs, but typically when you're evaluating
a patient for shoulder pathology, you also evaluate them for any neck problems
that can be related, and so that would typically mean she has numbness and
tingling in both of her arms at times, or weakness.: It's just neurologic issues on
both of her arms, what that would typically mean.
rOPO
(Deposition of Dr. Farmer, pg. 7, |. 25 to pg. 8, 1. 13). Similarly, the Plaintiff denied experiencing
radiating pain in her arms prior to the accident:
Q Prior to the accident of September 20th, 2017, had you ever experienced
radiating pain in your arms?
A Not that I can remember, no.
Q Since the accident of September 20th, 2017, have you experienced radiating
pain in the arms?
A Yes.
(Deposition of Gale Arledge, pg. 56, }. 12 to 1. 19).7 However, the Plaintiff reported radiating pain
in her left arm to Zuluaga as early as 2014 (Deposition of Zuluaga, pg. 9, 1. 2 to 12).
The Plaintiff also reported radiating arm pain to Dr. Kornick beginning on January 29,
2016, (Deposition of Dr. Kornick, pg. 37, 1. 24 to pg. 38, 1. 9; pg. 38, 1. 18 to pg. 39, 1. 6; pg. 54, 1.
2 to 1. 5; pg. 55, 1. 10 to 1. 17). The Plaintiff reported radiating right arm pain within eight (8)
months of the accident (Deposition of Dr. Kornick, pg. 57, 1. 6 to 1. 18).
3 The Plaintiff similarly testified that she had not experienced numbness in her hands prior to the accident, but
experienced numbness in both hands following the accident (Deposition of Gale Arledge, pg. 53, I. 11 to 18).IIL. The Plaintiff failed to disclose relevant information regarding her pre-accident pain
management treatment.
During the course of her deposition, the Plaintiff testified that she had not been diagnosed
as having chronic pain:
Q Prior to the accident of September 20th, 2017, had you been diagnosed as
having chronic pain?
A Not that I can remember,
Q Since the accident of September 20th, 2017, have you been diagnosed as having
chronic pain?
A Yes.
(Deposition of Gale Arledge, pg. 26, 1. 19 to 1. 25). Later in the deposition, the Plaintiff testified
that she had obtained pain management prior to the accident, but that it related only to low back
pain:
Prior to the accident of September 20th, 2017, had you ever sought out pain
management?
Yes.
From whom?
Riverside, Dr. Kornick.
I think that preempts my next question, which was have you obtained pain
management?
In the past, yes.
That would have been at Riverside?
Yes.
For pain in which body part or body parts?
Lower back.
Any others? Any other areas or body parts?
I can't remember. Not that I can remember.
PFOFOPrPO er OPH
(Deposition of Gale Arledge, pg. 61, 1. 23 to pg. 62, 1. 13). However, Dr. Kornick provided
treatment to the Plaintiff from 2013 through May 2017, only four (4) months prior to the accident,
for pain related to cervical spondylosis, cervicalgia, knee pain, greater tronchacentris bursitis, right
shoulder pain, left hip pain, shoulder impingement syndrome, right rotator cuff arthropathy,
degenerative disc disease, muscle spasms and arthritis in the shoulder.
The Plaintiff was not truthful about the medications she was prescribed to treat the chronic
pain:Since the accident of September 20th, 2017, have you been diagnosed as having
chronic pain?
Yes,
By whom?
Dr. Joseph, Dr. Dejuk, and Dr. Mitchell.
What treatment, if any, have they provided to address the chronic pain?
Tramadol.
Are you still prescribed Tramadol as we sit here today?
Yes,
How long have you been prescribed Tramadol?
Since the accident.
Since September of 2017?
Yes, that I can remember.
POPOAPOHSPOFOY ©
(Deposition of Gale Arledge, pg. 26, 1. 22 to pg. 27, 1. 13).
In point of fact, the Plaintiff was prescribed Tramadol and muscle relaxers by Dr. Kornick
starting in 20/3, and received prescriptions consistently for years (Deposition of Dr. Kornick, pg.
27, 1. 13 to 1. 25; pg. 31, 1. 7 to 1. 10; pg. 34, 1. 8 to 1. 11; pg. 35, 1. 11 to 1. 18; pg. 36, 1. 25 to pg.
37, 1. 6; pg. 52, 1. 10 to 1. 17; pg. 54, 1. 15 to 1. 18; pg. 55, 1. 18 to pg. 56, 1. 14; pg. 59, 1. 10 to 1. 12;
pg. 61, 1. 5 tol. 7).
IV. The Plaintiff failed to disclose relevant information regarding her pre-accident
diagnosis of degenerative disc disease.
The Plaintiff testified at her deposition that she had not been diagnosed with degenerative
disc disease prior to the accident:
Prior to the accident of September 20th, 2017, had you been diagnosed as
having degenerative disc disease?
Not that I can remember.
Since the accident of September 20th, 2017, have you been diagnosed as having
degenerative disc disease?
I believe so.
By whom?
Dr. Appel, I believe.
POF DOP 0
(Deposition of Gale Arledge, pg. 28, 1. 16 to 1. 25).
However, Dr. Kornick diagnosed the Plaintiff as having degenerative disc disease in 20/3
{Deposition of Dr. Kornick, pg. 36, 1. 16 to 1. 23). This diagnosis was reiterated in the Plaintiff's
treatment records from the date of the initial diagnosis through the year of the fall at the Plaintiff'spremises (Deposition of Dr. Kornick, pg. 47, 1. 12 to 1. 21; pg. 51, 1. 11 to 1. 18; pg. 58, 1. 1 to 1.
24; pg. 60, 1. 8 to pg. 61, 1. 4).
V. The Plaintiff failed to disclose relevant information regarding her pre-accident knee
pain.
The Plaintiff testified during her deposition that she had not experienced knee pain prior to
the accident:
Q In the calendar year before the September 20th, 2017, accident, did you
experience knee pains?
Not that I can remember.
In either knee?
Not that I can remember.
Do you recall ever experiencing knee pains beyond that one calendar year
before the accident?
Not that I can remember.
Since the accident of September 20th, 2017, have you experienced knee pain?
Yes,
FOr LNEOS
(Deposition of Gale Arledge, pg. 35, 1. 5 to 16).
However, she reported knee pain to Dr. Kornick starting in 2013 (Deposition of Dr.
Komick, pg. 19, 1. 19 to pg. 20, 1. 5; pg. 28, 1. 25 to pg. 29, 1. 5). On February 10, 2015, Dr.
Kornick recommended injection therapy for her knees, which she declined (Deposition of Dr.
Komnick, pg. 30, 1. 7 to pg. 30, 1. 6).
VI. The Plaintiff failed to disclose relevant information regarding her pre-accident
thoracic symptomology and diagnoses.
The Plaintiff testified as follows regarding thoracic pain prior to the accident:
Prior to the accident of September 20th, 2017, did you experience pain in your
midback area?
Not that ] can remember.
Had you ever been diagnosed as having midback pain prior to the accident of
September 20th, 2017?
Not that I can remember.
Since the accident of September 20th, 2017, have you been diagnosed as having
midback pain?
Yes.
> Or DP Lf(Deposition of Gale Arledge, pg. 46, 1. 12 to 1. 22). However, an MRI of the Plaintiff's thoracic
spine was obtained on February 10, 2011 due to complaints of dorsal pain. She was diagnosed as
having bugling discs at T6 to 7, T8 to 9, and T9 to 10. A true and correct copy of the Gainesville
Open MRI report evidencing same is attached and incorporated herein as Exhibit C.
Furthermore, Zuluaga testified that the Plaintiff reported thoracic pain to him in 2014
(Deposition of Zuluaga, pg. 9, 1. 2 to 1. 12; pg. 12, 1. 6 to 1. 10; pg. 34, 1. 13 to 1. 22).
VII. The Plaintiff failed to disclose relevant information regarding her pre-accident
muscle spasms.
The Plaintiff testified that prior to the accident, she had not been diagnosed as having
muscle spasms:
Prior to the accident of September 20th, 2017, had you ever experienced muscle
spasms?
Not that I can remember.
Prior to the accident of September 20th, 2017, had you ever been diagnosed as
having muscle spasms?
Not that I can remember.
Since the accident of September 20th, 2017, have you been diagnosed as having
muscle spasms?
Yes.
> Or DPF 0
(Deposition of Gale Arledge, pg. 46, 1. 15 to 1. 25). Zuluaga, however, testified that the Plaintiff
had hypertonicity and muscle spasms consistently during the six (6) month period that he treated
her in 2014 (Deposition of Zuluaga, pg. 32, 1. 14 to 1. 18).
The Plaintiff also received continuous treatment from Dr. Kornick for muscle spasms. As
previously noted herein, Dr. Kornick had been prescribing the Plaintiff medication for muscle
spasms since 2013. Lest there be any argument that the Plaintiff did not understand the specific
conditions her medications were intended to treat, it should be noted that the Plaintiff specifically
requested Dr. Kornick provide her with a prescription for a different muscle spasm medication,
since the Zanaflex she had been taking for years was no longer effectively controlling her spasms:
Q When was your next encounter following your August 23rd, 2016 encounter?
A November 3rd, 2016.
Q Page 26?A Yes.
Q At that time, did she report cervical pain radiating into both upper extremities?
A Yes.
Q All right. At that point, Doctor, she was taking Zanaflex; is that correct?
T have to check. I see a note here in the second page or page 27 of your
document notation, she stated that Zanaflex did not work for her muscle spasms.
So let me check at the end if we discontinued it or not. It appears we
discontinued it on that date, November 3rd, 2016.
Q Did you replace it with a different medication?
A We replaced it with Flexeril, another muscle relaxer, or Cyclobenzaprine,
Q Okay. What is the difference between Flexeril or Cyclobenzaprine and
Zanaflex?
A Different to -- just different muscle relaxers. What doesn't always work for
one person, if you rotate to -- rotate them to a different muscle relaxer, you
may have larger benefit. So if someone is experiencing lack of results or side
effects from a to -- from a particular medication or muscle relaxant, we may
rotate them to a different one. Just, you know, they're all muscle relaxers. Just
like soft drinks, if you don't like Root Beer, you might like Pepsi Cola. Just
basically trying another alternative.
Q Now, as of November 3rd, 2016, is it a fair statement that you had been
consistently giving her prescriptions for Tramadol and Zanaflex?
A According to our discussion, it seemed like we were refilling them on a -- ona
regular basis.
(Deposition of Dr. Komick, pg. 55, 1. 10 to pg. 56, 1. 19).
VII. The Plaintiff failed to disclose relevant information regarding ber pre-accident
pain and numbness in her legs.
The Plaintiff testified that she did not experience radiating pain in her legs prior to the
accident:
Prior to the accident of September 20th, 2017, had you ever experienced
radiating pain in your legs?
Not that I can remember, no.
Since the accident of September 20th, 2017, have you experienced radiating
pain in your legs?
Yes.
> OF ©
(Deposition of Gale Arledge, pg. 57, 1. 3 tol. 10). The Plaintiff also denied experiencing numbness
in her legs prior to the accident:
Q Prior to the accident of September 20th, 2017, had you ever experienced
numbness in your legs?A’ Not that I can remember.
Q Since the accident of September 20th, 2017, have you experienced numbness
in your legs?
A Yes,
(Deposition of Gale Arledge, pg. 52, 1. 18 to 1. 24). Despite the Plaintiff's testimony that she had
not experienced numbness or pain in her legs prior to the accident, radiology obtained prior to the
fall disprove her assertions. A copy of the report Fleming Island Imaging Center indicating that
imaging of the Plaintiff's lumbar spine was obtained due to pain radiating into the leg is attached
and incorporated herein as Exhibit D.
The Plaintiff first reported leg pain to Dr. Kornick in 20/3 (Deposition of Dr. Kornick, pg.
16, 1. 7 to 1. 10). Her reports of leg pain spanned years (Deposition of Dr. Kornick, pg. 19, 1. 19
to 1. 25; pg. 26, 1. 5 to 1. 16; pg. 28, 1. 20 to pg. 29, 1. 10; pg. 35, 1. 24 to pg. 36, 1. 15). The Plaintiff
also specifically reported bilateral leg numbness to Zuluaga in 2014 (Deposition of Zuluaga, pg.
9, 1.2 tol. 14).
IX. The Plaintiff failed to disclose relevant information regarding her diagnosis of right
rotator cuff tear.
The Plaintiff has asserted that as a result of the accident, she suffered a torn rotator cuff.
The Plaintiff testified as follows regarding the condition of her shoulder prior to the accident:
Q Prior to the accident of September 20th, 2017, had you ever been diagnosed as
having rotator cuff strain?
Not that I can remember.
Prior to the accident, had you ever been diagnosed as having rotator cuff sprain?
Not that I can remember.
Prior to the accident, had you ever been diagnosed as having a rotator cuff tear?
Not that J can remember.
Since the accident, have you been diagnosed as having a rotator cuff strain?
Yes.
Since the accident, have you been diagnosed as having a rotator cuff sprain?
You just asked me that, didn't you?
I asked about strain, but let's make sure we're on the same page. Since the
accident, have you been diagnosed as having a rotator cuff strain?
Okay, what exactly is a strain?
A strain is actually distinct from a sprain. If you don't know the difference, that
is perfectly fine. Just let me know you don't know, What I would like to know
is if any doctor has specifically told you, you have one or the other.
Thave a tear. I had two tears, so...
DP DPOPO SFO POY
>Q Well, that preempts my next question, whether you had ever been diagnosed as
having a tear. In which shoulder?
A Right.
Q Which doctor diagnosed you as having a rotator cuff tear?
A_ Dr. Joseph at Sea Spine.
(Deposition of Gale Arledge, pg. 57, 1. 17 to pg. 58, 1. 24). However, the Plaintiff had been
diagnosed as having a tear in the right shoulder rotator cuff in 2016, the year before the accident.
An MRI of her right shoulder dated February 15, 2016, revealed the Plaintiff had a tear in the
anterior insertion of the supraspinatus tendon, and degenerative changes in the AC joint. The
reason for the MRI is listed as chronic right shoulder pain. A true and correct copy of the Advanced
Diagnostic Group report of the MRI is attached and incorporated herein as Exhibit E.
The Plaintiff sought evaluation and treatment from Dr. Farmer, associate professor and
orthopedic surgeon in the University of Florida Department of Orthopedic Surgery. Dr. Farmer
testified as follows:
Dr. Farmer, when did you first evaluate Miss Arledge?
I first saw her on March 15th, 2016.
Would the beginning of the notes relating to that particular visit begin on page
six of Defendants' Exhibit 2?
Yes, that is correct.
What was her main complaint at that time or her chief complaint?
Right shoulder pain.
rOPr OFO
(Deposition of Dr. Farmer, pg. 7, 1. 5 to 1. 14), Dr. Farmer was unequivocal about his diagnosis:
Did you review any radiology or imaging on that particular date?
Yes, I did, X-rays and an outside MRI.
What can you tell me about the X-rays that you reviewed?
The x to rays showed some mild arthritis at that AC joint, which again is where
the collarbone meets the shoulder blade. Otherwise, it was relatively normal.
The outside MRI did show what we call some mild wear and tear of the rotator
cuff. We call that a partial thickness rotator cuff tear. Again, it showed the
arthritis at that AC joint.
Q What was your assessment at that point?
A That she had rotator cuff pain or impingement, she had AC pain. Those are the
two main things we were looking at.
Q
A
POPrD
And to be clear, your assessment does indicate she had a tear of the right rotator
cuff?
Yes.(Deposition of Dr. Farmer, pg. 12, 1. 16 to pg. 13, 1. 9). Dr. Farmer treated the inflammation in the
Plaintiff's shoulder at that time with a corticosteroid injection (Deposition of Dr. Farmer, pg. 13,
1. 22 to pg. 14, 1. 11).
However, the Plaintiff denied even experiencing shoulder pain prior to the accident:
Q I know that you've indicated that since the accident you have experienced
shoulder pain, correct?
A Yes.
Q Prior to the accident of September 20th, 2017, had you ever experienced
shoulder pain?
A Not that I can remember. I'm trying to think.
(Deposition of Gale Arledge, pg. 59, 1. 18 to 1. 25). Yet at the time of Dr. Farmer’s evaluation, she
had been experiencing shoulder pain for months:
Q How long did she report that she had been experiencing that pain in her right
shoulder?
A_ Six months.
Q > What was the mechanism of injury, if any?
A_ It says it was a direct impact or fall onto that shoulder, she said from a platform.
{Deposition of Dr. Farmer, pg. 8, 1. 23 to pg. 9, 1. 3). In point of fact, the Plaintiff had reported
radiating pain into both shoulders to Zuluaga as early as 2014 (Deposition of Zuluaga, pg. 9, 1. 2
to 1. 12).
In addition, the Plaintiff testified that she had not been diagnosed as having arthritis prior
to the accident:
Prior to the accident of September 20th, 2017, had you experienced or been
diagnosed with arthritis?
No, not that I can remember.
Since the accident of September 20th, 2017, have you been diagnosed as having
arthritis?
Since the accident, right?
Since the accident of September 20th, 2017, have you been diagnosed as having
arthritis?
Yes.
By whom? |
My doctor.
Which one?
The Sea Spine, I believe.
Is that the name of the facility?
APO SFOrF DF LOY 0A Yes.
(Deposition of Gale Arledge, pg. 21, 1. 24 to pg. 22, 1. 14). However, Dr. Dejuk testified that she
had been diagnosed with arthritis in 20/5 (Deposition of Dr. Dejuk, pg. 15, 1. 12 to pg. 18, 1. 12).
Further, Dr. Kornick diagnosed the Plaintiff as having arthritis in her right shoulder in early 2016
(Deposition of Dr. Komick, pg. 40, 1. 16 to 1.1. 25).
The Plaintiff was later given the opportunity to clarify or correct her prior testimony
regarding her shoulder pain. She was pointedly asked if she received treatment at Riverside Spine
and Physicians for her shoulder (Deposition of Gale Arledge, pg. 104, 1. 9 to 11 and 13 to 14). The
Plaintiff replied that the pain was related to her scoliosis (Deposition of Gale Arledge, pg. 16 to
24). In point of fact, Dr. Kornick’s records clearly indicate that the Plaintiff was being treated at
Riverside Spine and Physicians for shoulder pain after she had seen Dr. Farmer and already been
diagnosed as having a torn rotator cuff tear. The Plaintiff's omission was deliberate. Dr.
Kornick’s records never indicate that the shoulder pain was caused by scoliosis (Deposition of Dr.
Komick, pg. 26, 1. 5 to pg. 27, 1. 12; pg. 37, 1. 16 to pg. 38, 1. 9; pg. 38, 1. 18 to pg. 39, 1. 19; pg.
50, |. 20 to pg. 51, 1. 1).
CONCLUSION
In light of the foregoing, the Defendant would submit to this Honorable Court that the
Plaintiff made multiple substantive misrepresentations during the course of her deposition in an
effort to obfuscate the truth about her medical condition prior to the accident which is the subject
of the instant litigation. It is well-settled law “that a party who has been guilty of fraud or
misconduct in the prosecution or defense of a civil proceeding should not be
permitted to continue to employ the very institution it has subverted to achieve her
ends.” Hanono_v. Murphy, 723 So.2d 892, 895 (Fla. 3d DCA 1998) (citing Carter
vy. Carter, 88 So.2d 153, 157 (Fla. 1956)).
Not only is dismissal of the Plaintiffs instant action for fraud proper, but necessary. See
Metropolitan Dade County v. Martinsen, 736 So.2d 794 (Fla. 3rd DCA 1999) (holding the lower
tribunal abused its discretion in failing to dismiss plaintiffs cause where evidence supported
4 Dr. Farmer testified he has not seen any evidence of scoliosis causing rotator cuff pathology, and would not have
advised the Plaintiff that her shoulder pathology was caused by scoliosis (Deposition of Dr. Farmer, pg. 13, 1. 10 to
1, 18).dismissal for fraud). The Plaintiff's misrepresentations and omissions about her medical history
in deposition go to the heart of her claim and subvert the integrity of her action. Because the
extensive nature of the Plaintiff's past medical history belies her claim that she had forgotten or
was confused, she has forfeited her right to proceed in this matter.
Any attempt by the Plaintiff to correct her deposition testimony via errata sheet at this time
should be summarily rebuffed. Not only have nine (9) months elapsed since her deposition, but
counsel for the Defendant requested on November 18, 2019, that counsel for the Plaintiff provide
an errata sheet for filing with this Honorable Court. No response for the request for an errata sheet
was ever received. A true and correct copy of that correspondence is attached and incorporated
herein as Exhibit F.
WHEREFORE, the Defendant, 13! STREET HOME SALES, LLC, hereby moves this
Honorable Court to dismiss the Plaintiffs action, and for such further relief as the Court deems in
the interests of justice.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been e-served
through the Florida Courts E to filing Portal to: Rebecca H. Cozart, Esq., Ronald E. Sholes, P.A.,
8761 Perimeter Park Blvd., Suite 104, Jacksonville, Florida 32216 at RonSholesPA to Team4 to
Eservice@YouHurtWeFight.com; Team20 to Premises to Eservice@Y ouHurtWeFight.com, this
git, day of June 2020.
Michael S. Rywant, Esquire
Florida Bar No.: 240354
Primary email:msrywant@rywantalvarez.com
Secondary: — service@rywantalvarez.com
eburke@rywantalvarez.com
Carla M. Sabbagh, Esquire
Florida Bar No.: 72727
Primary email:csabbagh@rywantalvarez.com
Secondary: creneke@rywantalvarez.com
Rywant, Alvarez, Jones, Russo & Guyton, P.A.
2440 S.W. 76" Street Ste. 130
Gainesville, FL 32608
(Tel) 352 to 333 to 3700 / (Fax) 352 to 333 to 3706
Attorneys for Defendant, 13" Street Home Sales,
LLCEXHIBIT AFrom: 3866982364 Page: 4/8
Date: 6/4/2013 10:50:52 AM
VILLE
P
4340 Newbery Road + Suite 104
Gaineaville, FL32607
Tol 962-977-3100 + Fax: 962-977-1286
DATE OF BIRTH:
DATE OF EXAM:
PEYSICIAN:
MRI SCAN OF THE CERVICAL SPINE
9z/18/20id
11, D.0.
HISTORY: Chronic pain, Bilateral numbness,
RECHNIQUE: Sagittal Tl, sagittal 12, and axial gradient
echo images through the cervical spine without contrast.
The patient bad her initial examination on 02/10/2011 with
moderate motion artifact noted on that examination.
Patient returned on 02/18/2011 to repeat several sequences.
FINDINGS; Coronal scout image demonstrates moderate
scoliosis in the cervical spine convex to the left. Repeat
sagittal images fail to demonstrate any significant motion
artifact. There is mild reversal of the noxmal cervical
lordosis. Cervical cord appears normal size and signal.
No compression fracture is.seen. Wo. significant
subluxation is identified. The cerebellar tonsils appear
noxmally positioned.
C2=3 disc level: No dise protrusion or canal stenosis is
sean.
C3-4 disc level: Mild annular bulge 4s noted.
Uncevertebral joint and facet hypextrophy is seen towards
the right with mild foraminal stenosis on the right.
C4-5 disc level: Desiccated disc is seen with moderate
bulge and 3 mm left paracentxal disc protrusion and
osteophyte. Uncovertebral joint hypertrophy is seen
towards the left. There is mild canal stenosis and mild
foraminal stenosis on the left.
Continued on the following page.
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Name: Ariedge, Gale
vole!From: 3866982364 = Page: 59 Date: 6/4/2013 10:50:52AM
GAINESVILLE
EN MRI
4340 Newbemy Road « Suite 104
Gainesville, FL32607
Tok 352-377-3100 « Fax: 962-377-1286
PAGE 2 OF 3
PATIENT NAME: ARLEDGE, GALE
DATE OF EXAX: 02/18/2011
UNIT NUMBER: 14713 ©
C5-6 disc level: Desiccated digc is seen with annular
bulge and osteophyte with uncovertebral joint and ‘facet
hypertrophy towards the right. There is moderate foraminal
narrowing on the right with mild canal stenosis.
Cé-7 dise level: Desiccated bulging disc is seen with 4 om
broad-based posterior disc protrusion and uncovertebral
joint and facet hypertrophy bilaterally. There is moderate
canal stenosis. Mild to moderate foraminal narrowing is
noted bilaterally.
Ci-T1 dise level: Bulging dise is seen with uncovertebral
joint and facet hypertrophy with moderate foraminal
narrowing bilaterally.
IMPRESSION:
1. Repeat imaging fails to demonstrate significant motion
artifact as did the prior examination.
2. Scoliosis convex to the left with reversal of the
cervical lordosis.
3. C3-4 uncovertebral joint and facet hypertrophy towards
the right with mild foraminel stenosis on the right.
4. C4-5 desiccated disc with moderate bulge and broad~
based left paracentral dise protrusion with mild canal
stenosis and mild foraminal stenosis on the left.
5, 5-6 desiccated hulging disc and osteophyte without
disc protrusion with mild canal stenosis. Mild to
moderate foraminal narrowing is seen on the right.
C6-7 desiccated bulging disc with moderate broad-based
posterior disc protrusion and moderate canal stenosis.
Uncovertebral joint and facet hypertrophy is sean with
mild to moderate foraminal narrowing bilatexally.
Continued on the following page.
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Name: Arledge, Gale
woleFrom: 3866982364 Page: 6/9 = Date: 6/4/2013 10:60:52 AM
GAINES E
OPEN MR
4340 Newberry Road « Sulte 104
. Gainesville, FL326007__*
Tat 952-377-8100 « Fax: 052-377-1286
PAGH 3 OF 3
PATIENT NAME: ARLEDGE, GALE
DATE OF EXAM; 02/18/2014
UNIT NUMBER: 14713
5, C?-TL desiccated bulging dise with uncovertebral joint
and facet hypertrophy with moderate foraminal
narrowing bilaterally and symmetrically,
Charles... Domson, M.D.
Diplomate, American Board of Radiology
Dictated but not read te expedite delivery,
1964/1060
D: 02/18/2012 01:36:00 PM + 02/18/2021 01:06:07 PM NAF
File: ZNFDLG-196449134271 Billing Code: MR
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Name: Arledge, Gale
vole!EXHIBIT Bi ly, 1465 Kingsley Avenue, Suite 104
ome py ee Orange Park, FL 32073
ROE Ras Phone: (904) 458-014]
Fax (904) 458.4802
ADVANCED us henna
DIAGNOSTIC GROUP
Tampa » Brandon + Lakeland + Kissimmee + Orlando * Jacksonville « Orange Park » Palm Beach Gardens + Jupiter
PATIENT NAME: GALE ARLEDGE
PATIENT 1D: REFERRING PHYSICIAN: CRAIG KORNICK, MD
Dos: . REFERRING PHONE:
bos: 02/15/2016 REFERRING FAX:
EXAMINATION: MRI C- Spine Wio
CLINICAL HISTORY: Chronic neck pain.
TECHNIQUE: Mulisequence T1 and T2 weighted images were obtained,
FINDINGS: There is mild levoscoliosis centered in the mid cervical spine.
The posterior fossa Structures are normal. The Cervical cord structures are normal. There is loss of the
normal lordotic curvature of the Cervical spine which is a Nonspecific finding. Clinical correlation is
fecommended. No prevertebral or paravertebral masses or fluid collections are identified,
There is disc space Narrowing with anterior osteophytes from C3 to T1, Facet arthropathy is present at
muttiple cervical levels,
There is partial opacification of the sphenoid sinus consistent with an element of sinusitis. There is no
air/iuid level.
Segmental analysis of the cervical spine is as follows:
At C2-3, there is facet arthropathy on the right with moderate tight foraminal stenosis. The disc ig
unremarkable and there is no central canal or left foraminal stenosis,
At C3-4, there ig tight paracentral disc herniation superimposed on disc bulging. The herniation is a
combination of soft disc covered with osteophytes, This impresses the anterior margin of the thecal sac and
AtC4-5, there is disc bulging with marginal osteophytes impressing the anterior margin of the thecalsac, AP
diameter of the canal is 8.7 mm and there is mitd to moderate central canal stenosis. There is mild bilaterat
foraminal stenosis,
Page 4 of 6“ag
A fl fy 1465 Kingsley Avenue, Suite 104
~ oo
ADVANCED
Phone: (904) 458.0141
DIAGNOSTIC GROUP
Fax (904) 458-4802
High Field MRI & X-Ray
Tampa + Brandon + Lakeland + Kissimmee + Orlando « Jacksonville + Orange Park + Patm Beach Gardens + Jupiter
PATIENT NAME: GALE ARLEDGE
PATIENT ID: REFERRING PHYSICIAN: CRAIG KORNICK, MD
DOB: REFERRING PHONE:
DOs: 02/15/2016 REFERRING FAX:
EXAMINATION: MRI C- Spine W/O
AtC5-6, there is tight central disc hemiation superimposed on disc bulging. The herniation does contact the
anterior aspect of the cervical cord. There Is no abnormal cord signal. AP diameter of the canal is 7.8 mm
and there is moderate central canal stenosis. There are marginal osteophytes and there is uncovertebral
Spurring. There is moderate right and mild left foraminat Stenosis. (sagittal T2 image 8; axial T2 image 7)
AtC?-T1, there are uncovertebral spurs with moderate right and mild teft foraminal stenosis. There is disc
bulging which impresses the anterior margin of the thecal sac, There is no central canal stenosis,
IMPRESSION:
1. There is loss of the normat lordotic curvature of the cervical Spine which is a nonspecific finding.
Clinical correlation is recommended,
2. There is mild levoscoliosis centered in the mid cervical spine.
3. There is disc space Narrowing with anterior osteophytes from C3 to T1. Facet arthropathy is present
at multiple cervical fevels.
4. There is partial opacification of the sphenoid sinus Consistent with an element of sinusitis. There is no
ait/fuid level.
5. AtC2-3, there is facet arthropathy on the tight with moderate Fight foraminal stenosis, The dise is
unremarkable,
6. AtC3-4, there is tight paracentral disc herniation superimposed on disc bulging. The herniation isa
combination of soft disc covered with osteophytes. This impresses the anterior margin of the thecal
sac and |s causing severe stenosis of the right foramen. Key image 1 is a Sagittal TZ image on the
tight. The arrow is pointing to the C3-4 disc herniation which demonstrates Prominent associated
osteophytes,
Page 2 of &St ly 1465 Kingsley Avenue, Suite 104
~ee ~_— Orange Park, FL32073
Phone: (604) 458-0141
ADVANCED ne oa
DIAGNOSTIC GROUP High Feld MRI & X-Ray
Tampa * Brandon + Laketand « Kissimmee + Orlando + Jacksonville + Orange Park + Palm Beach Gardens + Jupiter
PATIENT NAME; GALE ARLEDGE
PATIENT ID: REFERRING PHYSICIAN: CRAIG KORNICK, MD
DOB: REFERRING PHONE;
bos: 02/15/2016 REFERRING FAX:
EXAMINATION: MRI C- Spine Wi0
7. AtC4-5, there is disc bulging with marginal osteophytes impressing the anterior margin of the theca!
sac. AP diameter of the canal is 8.7 mm and there is mild to moderate central Canal stenosis, There
is mild bilateral foraminal stenosis.
8. AtC5-6, there is right central disc herniation Superimposed on disc bulging. The hemiation does
contact the anterior aspect of the cervical cord. There is no abnormal cord signal. AP diameter of the
herniation,
9. AtC6-7, there is disc bulging with marginal osteophytes impressing the anterior margin of the thecal
sac and contacting the anterior aspect of the cervical cord with mild flattening of the cervical cord,
There is no abnormal cord signal. AP diameter of the canal is 7.4 mm and there is moderate central
canal stenosis. There is mild left and moderate right foraminal stenosis,
10.AtC7-71, there are uncovertebral spurs with moderate right and mild left foraminal stenosis. There is
disc bulging which impresses the anterior margin of the thecal sac.
The key image designations are not reviewed by the radiologist.
ROBERT HARDAGE, MD
Electronically signed on: 2/16/2016 12:14:59 PM
Page 3 of @1465 Kingsley Avenue, Suite 104
Orange Park, FL32073
Phone: (904) 458-0141
A DVAN CE D Fax (904) 458-4802
DIAGNOSTIC GROUP Mh Pit MRI & X-Ray
Tampa + Brandon + Lakeland « Kissimmee + Orlando + Jacksonville » Orange Park « Palm Beach Gardens + Jupiter
PATIENT NAME: GALE ARLEDGE
PATIENT ID: REFERRING PHYSICIAN: CRAIG KORNICK, MD
DOB: REFERRING PHONE:
dos: 02/15/2016 REFERRING FAX:
EXAMINATION: MRI C- Spine Wo
Transcribed by: LO on; 2/17/2016 4:12:47 PM
Page 4 of 6EXHIBIT CFrom: 3866982364 Page: 3/9 Date: 6/4/2013 10:50:52 AM
AINES VILLE
PEN MR
4340 Newberry Road « Suite 104
- Galnesville. FL32607
For: 962+377-3100 + Fax: 362977-1286
PATIENT NAME: ARLEDGE, GALE A.
ID NUMBER:
DATE OF BIRTH:
DATE OF EXAM: 02/10/2012
PHYSICIAN: John F, Hull, D.O.
MRI SCAN OF TEE THORACIC SPINE
HISTORY: Dorsal pain.
TRCMIIQUE: Sagittal Tl, sagittal T2, and axial Tl-weighted
images through the thoracic spine.
FINDINGS: Vertebral body height and alignment are within
pormal limits. No spondylolisthesis ox compression
fractures are identified.
there is dehydrated disc with mild bulges at T6-7 and T8-9
and T9-10. Mild scoliosis is noted convex to the right.
No compression fractures are seen. Axial images
demonstrate patent canal. No focal cord lesions are
identified.
IMPRESSION:
1. Desiccated bulging discs at T6-7 and T8-9 and T2910
levels without canal stenosis.
2. Mild to modexate theracic scoliosis convex to the
right.
kee i. Secon be
Diplomate, American Board of Radiology
Dictated but not read to expedite delivery.
1964/1060
D: 02/11/2021 10:30:00 AM fT: 02/11/2011 01:23:12 PM NAF
File: ZNEDLG-110421320544 Billing Code: MR
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Name: Arledge, Gale te:
wote:EXHIBIT Dcetera
From: 6152210342 Page: 29 Date: 5/20/2013 12:47:23 PM
Apr OS 2019 11718 FLENING ISLAND JHAGING 904-541-0081 pel
cine ne valent enemas = a ey
Fleming Ieland Imaging Center Name: ARLEDGE,GALE A
1681 Yagie Harbor Farkway East Phys Macbeth MD,Ronald Alvin
Fleming Ieland, YL 32003 Bro Age: 55 Bex: ¥
Acetr ' Lee; G,FLEMEAST
PHONE #1 904-541-0001 Exam Date: 04/03/2013 Status: DEP CLT
BAX #: 904-541-0081 RadLology No; .
Unit Nor GO00671416
BXANG
002093578 LUMBAR SPINE W/O CONTRAST
HISTORY:
Low back pain radiating down left leg. Injury January 2013.
ting pain.
BOSACRAL SPINE WITHOUT GADOLINIUM ON APRIL 3, 2013
Findings:
Study was done on the open magnet.
The vertebral bodies are noxymal in aize, signal characteristics and
position, No fracture, marrow edema or spondylolisthesis or spurring
ig seen, No disc space narrowing 49 seen,
Axial sequence ning image nine shows some focal L3-L¢ dise protrueion
heft lateral aspect causing focal left foraminal moderate stenosia.
There ig no central thecal sac compresaion or right foraminal
stencais at this level.
There is mild broad-based disc bulge at L5-S1 with apparent small
aubligamentous annulay tear in the mid posterior disc, Thexe ig no
stenosis. The other levels shows no disc protrusion, degenerative
disease or herniation or stenosis. A small 1 cm meningeal cyat is
geen posteriorly near the midline at the $2 level, Conus iz noxzmal
and no intradural abnormalities seen.
impression)
3. No evidence of fracture, spondylolisthesis or other al
abnormality,
2, There ig a focal dise protrusion on the left eide at 13-L¢
causing moderate left foraminal stenoais,
3, LS-63 shows small aubligamentous annular tear of the diea but no
stenosis.
** Blectronically Signed by M.D. Grady C. Stewart **
ae on 04/03/2013 at 1649 ae
Reported and signed by: Grady C. Stewart, M.D,
PAGE 1 Signed Report (CONTINUED)
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Name: Arledge, Gale
vole:—_—_—
Apr O9 2013 11:18
From, 6152210342
Fleming Island Imaging Center
1681 Eagle Harbor Parkway fast
Fleming Island, FL 32003
PHONE #1 904+841-0001
PAX #1 904-541-0081
BXAMSt
Page: 3/9 Date: 5/30/2013 12:47:23 PM
FLEMING ISLAND INAGING 904-541-0081 pee
Name: ARLEDGE, GALE A
Phys: Macheth MD,Ronald Alvin
DOBT age; 55 Sex: F
Accty Log: G.FLEMEAST
Exam Date: 04/03/2013 Status: DEP CLI
Radiology No:
Unit Nor G000671418
002093578 LUMBAR SPINE W/O CONTRAST
Transcriptionist: DRSTEGR
C; John Hull poy Ronald Alvin Macbeth MD
Dictated Date/Time: 04/03/2013 (1449)
Technologist: Cecile Dunham RT
Transcribed Date
(R)
{Timer 04/03/2013 (1449)
Electronic Signature Date/Timar 04/03/2023 (1449)
printed Date/Time: 04/09/2013 (1059) BATCH NO: N/A
PAGR 2 . Bignead Report
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Name: Arlecge, GaleEXHIBIT Ei 1 “ 1465 Kingsley Avenue, Suite 104
=
— Orange Park, FL32073
; Phone: (904) 458-0141
Fax (904) 458-4802
ADVANCED High Field MRI & X-Ray
DIAGNOSTIC GROUP
Tampa + Brandon + Lakeland + Kissimmee * Orlando + Jacksonville + Orange Park + Palm Beach Gardens » Jupiter
PATIENT NAME: GALE ARLEDGE
PATIENT ID: REFERRING PHYSICIAN: CRAIG KORNICK, MD
DOB: REFERRING PHONE:
DOS: 02/18/2016 REFERRING FAX:
EXAMINATION: MRI RT SHOULDER W/O
CLINICAL HISTORY: Chronic right shoulder pain.
COMPARISON: Right shoulder radiographs 41/11/2014.
TECHNIQUE: Multisequence T1 and T2 weighted images were obtained.
FINDINGS: ROTATOR CUFF: The supraspinatus tendon is thickened with intermediate T2 signal
consistent with tendinosis. There is fraying of the bursal surface of the tendon with tear along the bursal
surface involving greater than 50% of the tendon thickness. There is, also, partial tear at the tendon insertion
anterior (proton density fat sat coronal images 8 and 10; proton density fat sat sagittal images 5 and 6). The
infraspinatus tendon is intact, The teres minor tendon is intact. No abnormality of the subscapularis tendon
is evident.
LABRUM: The labrum is normally positioned in the glenoid. There is no definite evidence for labral tearing.
BICEPS TENDON: The long head of the biceps tendon is normally located in the bicipital groove and it
appears normal.
OSSEOUS STRUCTURES AND SOFT TISSUES: ‘There is AC joint degenerative change without
impingement. The glenohumeral joint is unremarkable. Marrow signal demonstrates no contusion or occult
fracture. There is no marrow replacing lesion. There is no jointeffusion. There ig fluid in the subacromial
bursa which may refiect bursitis or could reflect occult full thickness tear of the supraspinatus tendon.
Muscular and fascial planes are unremarkable and there is no soft tissue mass.
IMPRESSION:
4. Supraspinatus tendinosis. There is partial, approximately 50%, tear at the anterior insertion of the
supraspinatus tendon. Additionally, there is bursal surface fraying of the tendon with bursal surface
tear involving 50% of the tendon thickness. Key image 2 is a proton density fat sat sagittal image.
Paget of 3i i ty 1465 Kingsley Avenue, Suite 104
Orange Park, FL 32073
~' ee ge Park,
Phone: (904) 458-0141
ADVA NCE D Fax (904) 458-4802
DIAGNOSTIC GROUP igh Field MRI & X-Ray
Tampa + Brandon » Lakeland « Kissimmee + Orlando + Jacksonville « Orange Park « Palm Beach Gardens + Jupiter
PATIENT NAME: GALE ARLEDGE
PATIENT ID: REFERRING PHYSICIAN: CRAIG KORNICK, MD.
DOB: REFERRING PHONE:
bos: 02/46/2016 REFERRING FAX:
EXAMINATION: MRI RT SHOULDER W/O
The arrow is pointing to the anterior insertion tear of the supraspinatus tendon. Key image 1 is a
Proton density fat sat coronal image
Preview
Filing # 108495772 E-Filed 06/08/2020 09:00:31 AM IN THE CIRCUIT COURT OF THE EIGHTH JUDICIAL CIRCUIT IN AND FOR ALACHUA COUNTY, FLORIDA CIVIL DIVISION GALE ARLEDGE and TERRANCE ARLEDGE, her husband, Plaintiffs, CASE NO: 01-2018-CA-004032 vy. 13™ STREET HOME SALES, LLC, Defendant. / 13™ STREET HOME SALES, LLC’S MOTION TO DISMISS FOR FRAUD The Defendant, 13™ STREET HOME SALES, LLC (hereinafter “Defendant”), by and through its undersigned counsel, hereby files its Motion to Dismiss for Fraud, and would state as follows: BACKGROUND This is an action which arises from an accident which occurred on September 20, 2017. On that date, GALE ARLEDGE (hereinafter “Plaintiff’) was on Defendant’s premises for the purpose of viewing mobile homes; Defendant is a new and used manufactured home dealer. Plaintiff asserts that she fell at the Defendant’s premises and she has suffered damages. In addition, her spouse has filed a loss of consortium claim. Defendant denies the allegations. During the course of her deposition, the Plaintiff asserted that as a result of the fall on the Defendant’s premises, she suffered injuries to her cervical spine, thoracic spine, lumbar spine, right shoulder, and experienced muscle spasms as well as numbness and pain in her arms and legs. As more fully set forth below, Defendant asserts that Plaintiff's purported symptoms due to alleged injuries to these body parts predated the accident at issue in the instant litigation, and that the Plaintiff's misleading deposition testimony is proof of a deliberate scheme to defraud the Defendant and this Court. "2018 CA 004032" 108495772 Filed at Alachua County Clerk 06/08/2020 09:00:46 AM EDTSTANDARD FOR DISMISSAL FOR FRAUD “The trial court has the inherent authority, in the exercise of its sound judicial discretion, to dismiss an action when the plaintiff has perpetrated a fraud on the court[.}” Komblum vy, Schneider, 609 So.2d 138, 139 (Fla. 4" DCA 1992). See also Cabrerizo v. Fortune Intern. Realty, 760 So.2d 228, 229 (Fla. 3d DCA 2000) and Andrews v. Palmas De Majorca Condominium, 898 So.2d 1066, 1070 (Fla. 5 DCA 2005). “This authority exists because no litigant has a right to trifle with the courts.” Wenwei Sun v. Aviles, 53 So.3d 1075, 1077 (Fla. 5" DCA 2010) (citing Morgan vy. Campbell, 816 So.2d 251 (Fla. 2d DCA 2002)) and Tri Star Invs. v. Miele, 407 So.2d 292, 293 (Fla. 2d DCA 1981). The requisite fraud on the court occurs where it can be demonstrated, clearly and convincingly, that a party has sentiently set in motion some unconscionable scheme calculated to interfere with the judicial system's ability impartially to adjudicate a matter by improperly influencing the trier of fact or unfairly hampering the presentation of the opposing party's claim or defense. Cox v. Burke, 706 So.2d 43, 46 (Fla. 5" DCA 1998) (citing Aoude v. Mobil Oil Corp., 892 F.2d 1115, 1118 (1st Cir. 1989)). See also Hutchinson v. Plantation Bay Apartments, LLC, 931 So.2d 957, 960 (Fla. 1* DCA 2006) and Distefano v. State Farm Mut. Auto. Ins. Co., 846 So.2d 572, 574 (Fla. 1 DCA 2003). “The integrity of the civil litigation process depends on truthful disclosure of facts.” Cox at 47. “Revealing only some of the facts does not constitute truthful disclosure.” DiStefano at 575 (citing Metro. Dade County v. Martinsen, 736 So.2d 794, 796 (Fla. 3d DCA 1999)). “Where a plaintiff makes misrepresentations and omissions about her accident and medical history in interrogatories and in deposition, those misrepresentations and omissions go to the heart of her claim and subvert the integrity of her action. When the extensive nature of the plaintiff's past medical history belies her claim that she had forgotten or was confused, she thereby forfeits her right to proceed with her personal injury action.” Austin v. Liquid Distribs. Inc., 928 So.2d 521 (Fla. 3d DCA 2006). The Defendant would submit to this Honorable Court that the record evidence in the instant case conclusively proves that the Plaintiffs misrepresentations and omissions about her medical history go to the heart of her claim and subvert the integrity of her action.THE PLAINTIFF DELIBERATELY WITHHELD RELEVANT INFORMATION REGARDING HER PRE-ACCIDENT MEDICAL CONDITIONS IN A DELIBERATE SCHEME TO DEFRAUD THE COURT I. The Plaintiff failed to disclose relevant information regarding her pre-accident cervical symptomology and diagnoses. At the time of the deposition, the Plaintiff was asked about pre-accident cervical condition: Prior to the accident of September 20th, 2017, had you ever been diagnosed as having cervical disc bulges or herniations? This is prior? Prior to, ma'am. Not that I can remember. Since the accident of September 20th, 2017, have you been diagnosed as having cervical disc bulges or herniations? A Yes. OPror £0 (Deposition of Gale Arledge, pg. 23, |. 14 to 1. 23). The questions were clear and concise; the Plaintiff was not confused. The Plaintiff offered the same testimony a second time: Okay. We can take it step by step. Prior to the September 20th, 2017, accident, had you been diagnosed as having cervical disc bulges or herniations? Not that I can remember. Since the accident of September 20th, 2017, have you been diagnosed as having cervical disc bulges or herniations? That would be in your spine? In your cervical spine, in your neck. Yes. Who diagnosed you as having cervical disc bulges or herniations? Sea Spine. Doctors? Appel. FOFOPOrF OF © {Deposition of Gale Arledge, pg. 42, 1. 11 to pg. 43, 1. 17). Dr. Appel is a physician that treated the Plaintiff following the September 20, 2017 fall. However, an MRI of the Plaintiff's cervical spine obtained on February 18, 20//, clearly shows the Plaintiff was diagnosed with a bulge at C3-4, a bulge at C4-5, a bulge at C5-6, a bulge at C6-7, and a bulge at C7-T1. A true and correct copy of the Gainesville Open MRI report of the February 18, 2011 scan is attached and incorporated herein as Exhibit A.' The MRI was ordered due to the Plaintiff's complaints of chronic pain and bilateral numbness. ' The parties have agreed to waive records custodians to certify the authenticity of the records.Yet another MRI of the Plaintiff's cervical spine was obtained in 2016. A true and correct copy of the Advanced Diagnostic Group MRI report dated February 15, 2016 is attached and incorporated herein as Exhibit B. The 2016 MRI revealed a right paracentral disc herniation superimposed on dis bulging at C3-4, disc bulging at C4-5, right central disc herniation superimposed on disc bulging at C5-6, disc bulging at C6-7, and disc bulging at C7-T1. Not only did the Plaintiff deny prior diagnoses of bulges in her cervical spine, she denied having experienced neck pain prior to the accident: In the calendar year prior to the September 20th, 2017, accident, had you experienced neck pain? Not that I can remember. Prior to the accident of September 20th, 2017, had you ever been diagnosed as having neck pain? Not that I can remember. Prior to the accident of September 20th, 2017, had you ever received treatment for neck pain? Not that I can remember. Following the accident of September 20th, 2017, have you experienced neck pain? Yes. Have you been diagnosed as having neck pain? Yes. By whom? Sea Spine. POPOrF OF DP LOY © (Deposition of Gale Arledge, pg. 48, 1. 3 to 1. 21). Sea Spine is the clinic with which Dr. Appel is affiliated. As previously mentioned, Dr. Appel treated the Plaintiff after the accident. Despite having ample opportunity to truthfully testify about her pre-accident cervical symptomology, the Plaintiff failed to do so. The Plaintiff had been reporting cervical symptomology to her treating physicians and health professionals for years prior to the accident. Dr. Kornick treated the Plaintiff for cervical spine symptoms from 2013 through May 2017, four (4) months prior to the accident, Specifically, Starting on August 19, 20/3, Dr. Komick treated the Plaintiff for cervical spondylolysis (Deposition of Komick, pg. 22, 1. 10 to pg. 23, 1. 2; pg. 45, 1. 4 to 1. 13) and cervicalgia (Deposition of Komick, pg. 23, 1. 3 to 1. 8). The Plaintiff began receiving treatment from Dr. Kornick for neck pain which radiating to her scapular regions starting on February 10, 2015 (Deposition of Komick, pg. 29, 1. 17 to pg. 30,1. 6; pg. 32, 1. 6 tol. 11; pg. 34, 1. 15 to pg. 35, 1. 1; pg. 50, 1. 20 to pg. 51, 1. 10; pg. 54, 1. 19 to pg. 55,1. 2). Only eight (8) months prior to the incident at the Defendant's premises, the Plaintiff was diagnosed by Dr. Kornick as having cervical radicular pain, displacement of intervertebral disc at C5-6, displacement of intervertebral disc at C6-7, cervical stenosis, cervical spondylosis, and intervertebral disc canal stenosis of neural canal of cervical region (Deposition of Dr. Kornick, pg. 57, 1. 6 to pg. 59, 1. 9), On May 4, 2017, four (4) months prior to the fall, the Plaintiff was experiencing bilateral lower cervical paraspinal muscle tenderness, pain at the cervical facets on both sides with extension and rotation of the neck, and decreased range of motion in the cervical region (Deposition of Dr. Kornick, pg. 62, 1. 4 to 1. 10). During the same period of time that the Plaintiff received treatment from Dr. Kornick, she treated with Carlos Zuluaga, DC, for six (6) months in 2014 for cervical, thoracic, and lumbar symptomology. Specifically with regard to her cervical symptomology at the time she commenced treatment on April 21, 2014, Zuluaga testified as follows: Q_ What was her chief complaint at that time? A_ So she presented with neck pain that was increased in the middle with some radiating pain to the shoulders bilaterally, on both sides. (Deposition of Zuluaga, pg. 9, 1. 2 to 1. 5). At the time the Plaintiff ended her treatment with Zuluaga on October 22, 2014, she still reported cervical pain on a scale of 5 out of 10,” intermittent burning and shooting pain, and some degree of swelling (Deposition of Zuluaga, pg. 35, 1. 17 to 1. 22). Il. The Plaintiff failed to disclose relevant information regarding her pre-accident complaints of numbness and pain in her arms. The Plaintiff testified during her deposition that she had not experienced numbness in either arm prior to the accident: Q Prior to the accident of September 20th, 2017, had you ever been diagnosed as having numbness in either arm? Not that I can remember. Since the accident of September 20th, 2017, have you experienced numbness in your arms? QS ? Zuluaga testified that from first day to the last day that he provided treatment to the Plaintiff, she consistently reported cervical pain (Deposition of Zuluaga, pg. 32, 1. 23 to pg. 33, 1. 1).A Yes. Q Which arm or arms? A In my right and left. (Deposition of Gale Arledge, pg. 50, 1. 4 to 1, 12). However, the Plaintiff reported numbness in her arms to Dr. Farmer prior to the fall at the Defendant’s premises: Did she report whether she had bilateral neuropathy? Yes, she did. What is bilateral neuropathy? It's numbness and tingling on both sides, and we didn't necessarily clarify where she had it, whether it's the arms or the legs, but typically when you're evaluating a patient for shoulder pathology, you also evaluate them for any neck problems that can be related, and so that would typically mean she has numbness and tingling in both of her arms at times, or weakness.: It's just neurologic issues on both of her arms, what that would typically mean. rOPO (Deposition of Dr. Farmer, pg. 7, |. 25 to pg. 8, 1. 13). Similarly, the Plaintiff denied experiencing radiating pain in her arms prior to the accident: Q Prior to the accident of September 20th, 2017, had you ever experienced radiating pain in your arms? A Not that I can remember, no. Q Since the accident of September 20th, 2017, have you experienced radiating pain in the arms? A Yes. (Deposition of Gale Arledge, pg. 56, }. 12 to 1. 19).7 However, the Plaintiff reported radiating pain in her left arm to Zuluaga as early as 2014 (Deposition of Zuluaga, pg. 9, 1. 2 to 12). The Plaintiff also reported radiating arm pain to Dr. Kornick beginning on January 29, 2016, (Deposition of Dr. Kornick, pg. 37, 1. 24 to pg. 38, 1. 9; pg. 38, 1. 18 to pg. 39, 1. 6; pg. 54, 1. 2 to 1. 5; pg. 55, 1. 10 to 1. 17). The Plaintiff reported radiating right arm pain within eight (8) months of the accident (Deposition of Dr. Kornick, pg. 57, 1. 6 to 1. 18). 3 The Plaintiff similarly testified that she had not experienced numbness in her hands prior to the accident, but experienced numbness in both hands following the accident (Deposition of Gale Arledge, pg. 53, I. 11 to 18).IIL. The Plaintiff failed to disclose relevant information regarding her pre-accident pain management treatment. During the course of her deposition, the Plaintiff testified that she had not been diagnosed as having chronic pain: Q Prior to the accident of September 20th, 2017, had you been diagnosed as having chronic pain? A Not that I can remember, Q Since the accident of September 20th, 2017, have you been diagnosed as having chronic pain? A Yes. (Deposition of Gale Arledge, pg. 26, 1. 19 to 1. 25). Later in the deposition, the Plaintiff testified that she had obtained pain management prior to the accident, but that it related only to low back pain: Prior to the accident of September 20th, 2017, had you ever sought out pain management? Yes. From whom? Riverside, Dr. Kornick. I think that preempts my next question, which was have you obtained pain management? In the past, yes. That would have been at Riverside? Yes. For pain in which body part or body parts? Lower back. Any others? Any other areas or body parts? I can't remember. Not that I can remember. PFOFOPrPO er OPH (Deposition of Gale Arledge, pg. 61, 1. 23 to pg. 62, 1. 13). However, Dr. Kornick provided treatment to the Plaintiff from 2013 through May 2017, only four (4) months prior to the accident, for pain related to cervical spondylosis, cervicalgia, knee pain, greater tronchacentris bursitis, right shoulder pain, left hip pain, shoulder impingement syndrome, right rotator cuff arthropathy, degenerative disc disease, muscle spasms and arthritis in the shoulder. The Plaintiff was not truthful about the medications she was prescribed to treat the chronic pain:Since the accident of September 20th, 2017, have you been diagnosed as having chronic pain? Yes, By whom? Dr. Joseph, Dr. Dejuk, and Dr. Mitchell. What treatment, if any, have they provided to address the chronic pain? Tramadol. Are you still prescribed Tramadol as we sit here today? Yes, How long have you been prescribed Tramadol? Since the accident. Since September of 2017? Yes, that I can remember. POPOAPOHSPOFOY © (Deposition of Gale Arledge, pg. 26, 1. 22 to pg. 27, 1. 13). In point of fact, the Plaintiff was prescribed Tramadol and muscle relaxers by Dr. Kornick starting in 20/3, and received prescriptions consistently for years (Deposition of Dr. Kornick, pg. 27, 1. 13 to 1. 25; pg. 31, 1. 7 to 1. 10; pg. 34, 1. 8 to 1. 11; pg. 35, 1. 11 to 1. 18; pg. 36, 1. 25 to pg. 37, 1. 6; pg. 52, 1. 10 to 1. 17; pg. 54, 1. 15 to 1. 18; pg. 55, 1. 18 to pg. 56, 1. 14; pg. 59, 1. 10 to 1. 12; pg. 61, 1. 5 tol. 7). IV. The Plaintiff failed to disclose relevant information regarding her pre-accident diagnosis of degenerative disc disease. The Plaintiff testified at her deposition that she had not been diagnosed with degenerative disc disease prior to the accident: Prior to the accident of September 20th, 2017, had you been diagnosed as having degenerative disc disease? Not that I can remember. Since the accident of September 20th, 2017, have you been diagnosed as having degenerative disc disease? I believe so. By whom? Dr. Appel, I believe. POF DOP 0 (Deposition of Gale Arledge, pg. 28, 1. 16 to 1. 25). However, Dr. Kornick diagnosed the Plaintiff as having degenerative disc disease in 20/3 {Deposition of Dr. Kornick, pg. 36, 1. 16 to 1. 23). This diagnosis was reiterated in the Plaintiff's treatment records from the date of the initial diagnosis through the year of the fall at the Plaintiff'spremises (Deposition of Dr. Kornick, pg. 47, 1. 12 to 1. 21; pg. 51, 1. 11 to 1. 18; pg. 58, 1. 1 to 1. 24; pg. 60, 1. 8 to pg. 61, 1. 4). V. The Plaintiff failed to disclose relevant information regarding her pre-accident knee pain. The Plaintiff testified during her deposition that she had not experienced knee pain prior to the accident: Q In the calendar year before the September 20th, 2017, accident, did you experience knee pains? Not that I can remember. In either knee? Not that I can remember. Do you recall ever experiencing knee pains beyond that one calendar year before the accident? Not that I can remember. Since the accident of September 20th, 2017, have you experienced knee pain? Yes, FOr LNEOS (Deposition of Gale Arledge, pg. 35, 1. 5 to 16). However, she reported knee pain to Dr. Kornick starting in 2013 (Deposition of Dr. Komick, pg. 19, 1. 19 to pg. 20, 1. 5; pg. 28, 1. 25 to pg. 29, 1. 5). On February 10, 2015, Dr. Kornick recommended injection therapy for her knees, which she declined (Deposition of Dr. Komnick, pg. 30, 1. 7 to pg. 30, 1. 6). VI. The Plaintiff failed to disclose relevant information regarding her pre-accident thoracic symptomology and diagnoses. The Plaintiff testified as follows regarding thoracic pain prior to the accident: Prior to the accident of September 20th, 2017, did you experience pain in your midback area? Not that ] can remember. Had you ever been diagnosed as having midback pain prior to the accident of September 20th, 2017? Not that I can remember. Since the accident of September 20th, 2017, have you been diagnosed as having midback pain? Yes. > Or DP Lf(Deposition of Gale Arledge, pg. 46, 1. 12 to 1. 22). However, an MRI of the Plaintiff's thoracic spine was obtained on February 10, 2011 due to complaints of dorsal pain. She was diagnosed as having bugling discs at T6 to 7, T8 to 9, and T9 to 10. A true and correct copy of the Gainesville Open MRI report evidencing same is attached and incorporated herein as Exhibit C. Furthermore, Zuluaga testified that the Plaintiff reported thoracic pain to him in 2014 (Deposition of Zuluaga, pg. 9, 1. 2 to 1. 12; pg. 12, 1. 6 to 1. 10; pg. 34, 1. 13 to 1. 22). VII. The Plaintiff failed to disclose relevant information regarding her pre-accident muscle spasms. The Plaintiff testified that prior to the accident, she had not been diagnosed as having muscle spasms: Prior to the accident of September 20th, 2017, had you ever experienced muscle spasms? Not that I can remember. Prior to the accident of September 20th, 2017, had you ever been diagnosed as having muscle spasms? Not that I can remember. Since the accident of September 20th, 2017, have you been diagnosed as having muscle spasms? Yes. > Or DPF 0 (Deposition of Gale Arledge, pg. 46, 1. 15 to 1. 25). Zuluaga, however, testified that the Plaintiff had hypertonicity and muscle spasms consistently during the six (6) month period that he treated her in 2014 (Deposition of Zuluaga, pg. 32, 1. 14 to 1. 18). The Plaintiff also received continuous treatment from Dr. Kornick for muscle spasms. As previously noted herein, Dr. Kornick had been prescribing the Plaintiff medication for muscle spasms since 2013. Lest there be any argument that the Plaintiff did not understand the specific conditions her medications were intended to treat, it should be noted that the Plaintiff specifically requested Dr. Kornick provide her with a prescription for a different muscle spasm medication, since the Zanaflex she had been taking for years was no longer effectively controlling her spasms: Q When was your next encounter following your August 23rd, 2016 encounter? A November 3rd, 2016. Q Page 26?A Yes. Q At that time, did she report cervical pain radiating into both upper extremities? A Yes. Q All right. At that point, Doctor, she was taking Zanaflex; is that correct? T have to check. I see a note here in the second page or page 27 of your document notation, she stated that Zanaflex did not work for her muscle spasms. So let me check at the end if we discontinued it or not. It appears we discontinued it on that date, November 3rd, 2016. Q Did you replace it with a different medication? A We replaced it with Flexeril, another muscle relaxer, or Cyclobenzaprine, Q Okay. What is the difference between Flexeril or Cyclobenzaprine and Zanaflex? A Different to -- just different muscle relaxers. What doesn't always work for one person, if you rotate to -- rotate them to a different muscle relaxer, you may have larger benefit. So if someone is experiencing lack of results or side effects from a to -- from a particular medication or muscle relaxant, we may rotate them to a different one. Just, you know, they're all muscle relaxers. Just like soft drinks, if you don't like Root Beer, you might like Pepsi Cola. Just basically trying another alternative. Q Now, as of November 3rd, 2016, is it a fair statement that you had been consistently giving her prescriptions for Tramadol and Zanaflex? A According to our discussion, it seemed like we were refilling them on a -- ona regular basis. (Deposition of Dr. Komick, pg. 55, 1. 10 to pg. 56, 1. 19). VII. The Plaintiff failed to disclose relevant information regarding ber pre-accident pain and numbness in her legs. The Plaintiff testified that she did not experience radiating pain in her legs prior to the accident: Prior to the accident of September 20th, 2017, had you ever experienced radiating pain in your legs? Not that I can remember, no. Since the accident of September 20th, 2017, have you experienced radiating pain in your legs? Yes. > OF © (Deposition of Gale Arledge, pg. 57, 1. 3 tol. 10). The Plaintiff also denied experiencing numbness in her legs prior to the accident: Q Prior to the accident of September 20th, 2017, had you ever experienced numbness in your legs?A’ Not that I can remember. Q Since the accident of September 20th, 2017, have you experienced numbness in your legs? A Yes, (Deposition of Gale Arledge, pg. 52, 1. 18 to 1. 24). Despite the Plaintiff's testimony that she had not experienced numbness or pain in her legs prior to the accident, radiology obtained prior to the fall disprove her assertions. A copy of the report Fleming Island Imaging Center indicating that imaging of the Plaintiff's lumbar spine was obtained due to pain radiating into the leg is attached and incorporated herein as Exhibit D. The Plaintiff first reported leg pain to Dr. Kornick in 20/3 (Deposition of Dr. Kornick, pg. 16, 1. 7 to 1. 10). Her reports of leg pain spanned years (Deposition of Dr. Kornick, pg. 19, 1. 19 to 1. 25; pg. 26, 1. 5 to 1. 16; pg. 28, 1. 20 to pg. 29, 1. 10; pg. 35, 1. 24 to pg. 36, 1. 15). The Plaintiff also specifically reported bilateral leg numbness to Zuluaga in 2014 (Deposition of Zuluaga, pg. 9, 1.2 tol. 14). IX. The Plaintiff failed to disclose relevant information regarding her diagnosis of right rotator cuff tear. The Plaintiff has asserted that as a result of the accident, she suffered a torn rotator cuff. The Plaintiff testified as follows regarding the condition of her shoulder prior to the accident: Q Prior to the accident of September 20th, 2017, had you ever been diagnosed as having rotator cuff strain? Not that I can remember. Prior to the accident, had you ever been diagnosed as having rotator cuff sprain? Not that I can remember. Prior to the accident, had you ever been diagnosed as having a rotator cuff tear? Not that J can remember. Since the accident, have you been diagnosed as having a rotator cuff strain? Yes. Since the accident, have you been diagnosed as having a rotator cuff sprain? You just asked me that, didn't you? I asked about strain, but let's make sure we're on the same page. Since the accident, have you been diagnosed as having a rotator cuff strain? Okay, what exactly is a strain? A strain is actually distinct from a sprain. If you don't know the difference, that is perfectly fine. Just let me know you don't know, What I would like to know is if any doctor has specifically told you, you have one or the other. Thave a tear. I had two tears, so... DP DPOPO SFO POY >Q Well, that preempts my next question, whether you had ever been diagnosed as having a tear. In which shoulder? A Right. Q Which doctor diagnosed you as having a rotator cuff tear? A_ Dr. Joseph at Sea Spine. (Deposition of Gale Arledge, pg. 57, 1. 17 to pg. 58, 1. 24). However, the Plaintiff had been diagnosed as having a tear in the right shoulder rotator cuff in 2016, the year before the accident. An MRI of her right shoulder dated February 15, 2016, revealed the Plaintiff had a tear in the anterior insertion of the supraspinatus tendon, and degenerative changes in the AC joint. The reason for the MRI is listed as chronic right shoulder pain. A true and correct copy of the Advanced Diagnostic Group report of the MRI is attached and incorporated herein as Exhibit E. The Plaintiff sought evaluation and treatment from Dr. Farmer, associate professor and orthopedic surgeon in the University of Florida Department of Orthopedic Surgery. Dr. Farmer testified as follows: Dr. Farmer, when did you first evaluate Miss Arledge? I first saw her on March 15th, 2016. Would the beginning of the notes relating to that particular visit begin on page six of Defendants' Exhibit 2? Yes, that is correct. What was her main complaint at that time or her chief complaint? Right shoulder pain. rOPr OFO (Deposition of Dr. Farmer, pg. 7, 1. 5 to 1. 14), Dr. Farmer was unequivocal about his diagnosis: Did you review any radiology or imaging on that particular date? Yes, I did, X-rays and an outside MRI. What can you tell me about the X-rays that you reviewed? The x to rays showed some mild arthritis at that AC joint, which again is where the collarbone meets the shoulder blade. Otherwise, it was relatively normal. The outside MRI did show what we call some mild wear and tear of the rotator cuff. We call that a partial thickness rotator cuff tear. Again, it showed the arthritis at that AC joint. Q What was your assessment at that point? A That she had rotator cuff pain or impingement, she had AC pain. Those are the two main things we were looking at. Q A POPrD And to be clear, your assessment does indicate she had a tear of the right rotator cuff? Yes.(Deposition of Dr. Farmer, pg. 12, 1. 16 to pg. 13, 1. 9). Dr. Farmer treated the inflammation in the Plaintiff's shoulder at that time with a corticosteroid injection (Deposition of Dr. Farmer, pg. 13, 1. 22 to pg. 14, 1. 11). However, the Plaintiff denied even experiencing shoulder pain prior to the accident: Q I know that you've indicated that since the accident you have experienced shoulder pain, correct? A Yes. Q Prior to the accident of September 20th, 2017, had you ever experienced shoulder pain? A Not that I can remember. I'm trying to think. (Deposition of Gale Arledge, pg. 59, 1. 18 to 1. 25). Yet at the time of Dr. Farmer’s evaluation, she had been experiencing shoulder pain for months: Q How long did she report that she had been experiencing that pain in her right shoulder? A_ Six months. Q > What was the mechanism of injury, if any? A_ It says it was a direct impact or fall onto that shoulder, she said from a platform. {Deposition of Dr. Farmer, pg. 8, 1. 23 to pg. 9, 1. 3). In point of fact, the Plaintiff had reported radiating pain into both shoulders to Zuluaga as early as 2014 (Deposition of Zuluaga, pg. 9, 1. 2 to 1. 12). In addition, the Plaintiff testified that she had not been diagnosed as having arthritis prior to the accident: Prior to the accident of September 20th, 2017, had you experienced or been diagnosed with arthritis? No, not that I can remember. Since the accident of September 20th, 2017, have you been diagnosed as having arthritis? Since the accident, right? Since the accident of September 20th, 2017, have you been diagnosed as having arthritis? Yes. By whom? | My doctor. Which one? The Sea Spine, I believe. Is that the name of the facility? APO SFOrF DF LOY 0A Yes. (Deposition of Gale Arledge, pg. 21, 1. 24 to pg. 22, 1. 14). However, Dr. Dejuk testified that she had been diagnosed with arthritis in 20/5 (Deposition of Dr. Dejuk, pg. 15, 1. 12 to pg. 18, 1. 12). Further, Dr. Kornick diagnosed the Plaintiff as having arthritis in her right shoulder in early 2016 (Deposition of Dr. Komick, pg. 40, 1. 16 to 1.1. 25). The Plaintiff was later given the opportunity to clarify or correct her prior testimony regarding her shoulder pain. She was pointedly asked if she received treatment at Riverside Spine and Physicians for her shoulder (Deposition of Gale Arledge, pg. 104, 1. 9 to 11 and 13 to 14). The Plaintiff replied that the pain was related to her scoliosis (Deposition of Gale Arledge, pg. 16 to 24). In point of fact, Dr. Kornick’s records clearly indicate that the Plaintiff was being treated at Riverside Spine and Physicians for shoulder pain after she had seen Dr. Farmer and already been diagnosed as having a torn rotator cuff tear. The Plaintiff's omission was deliberate. Dr. Kornick’s records never indicate that the shoulder pain was caused by scoliosis (Deposition of Dr. Komick, pg. 26, 1. 5 to pg. 27, 1. 12; pg. 37, 1. 16 to pg. 38, 1. 9; pg. 38, 1. 18 to pg. 39, 1. 19; pg. 50, |. 20 to pg. 51, 1. 1). CONCLUSION In light of the foregoing, the Defendant would submit to this Honorable Court that the Plaintiff made multiple substantive misrepresentations during the course of her deposition in an effort to obfuscate the truth about her medical condition prior to the accident which is the subject of the instant litigation. It is well-settled law “that a party who has been guilty of fraud or misconduct in the prosecution or defense of a civil proceeding should not be permitted to continue to employ the very institution it has subverted to achieve her ends.” Hanono_v. Murphy, 723 So.2d 892, 895 (Fla. 3d DCA 1998) (citing Carter vy. Carter, 88 So.2d 153, 157 (Fla. 1956)). Not only is dismissal of the Plaintiffs instant action for fraud proper, but necessary. See Metropolitan Dade County v. Martinsen, 736 So.2d 794 (Fla. 3rd DCA 1999) (holding the lower tribunal abused its discretion in failing to dismiss plaintiffs cause where evidence supported 4 Dr. Farmer testified he has not seen any evidence of scoliosis causing rotator cuff pathology, and would not have advised the Plaintiff that her shoulder pathology was caused by scoliosis (Deposition of Dr. Farmer, pg. 13, 1. 10 to 1, 18).dismissal for fraud). The Plaintiff's misrepresentations and omissions about her medical history in deposition go to the heart of her claim and subvert the integrity of her action. Because the extensive nature of the Plaintiff's past medical history belies her claim that she had forgotten or was confused, she has forfeited her right to proceed in this matter. Any attempt by the Plaintiff to correct her deposition testimony via errata sheet at this time should be summarily rebuffed. Not only have nine (9) months elapsed since her deposition, but counsel for the Defendant requested on November 18, 2019, that counsel for the Plaintiff provide an errata sheet for filing with this Honorable Court. No response for the request for an errata sheet was ever received. A true and correct copy of that correspondence is attached and incorporated herein as Exhibit F. WHEREFORE, the Defendant, 13! STREET HOME SALES, LLC, hereby moves this Honorable Court to dismiss the Plaintiffs action, and for such further relief as the Court deems in the interests of justice. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been e-served through the Florida Courts E to filing Portal to: Rebecca H. Cozart, Esq., Ronald E. Sholes, P.A., 8761 Perimeter Park Blvd., Suite 104, Jacksonville, Florida 32216 at RonSholesPA to Team4 to Eservice@YouHurtWeFight.com; Team20 to Premises to Eservice@Y ouHurtWeFight.com, this git, day of June 2020. Michael S. Rywant, Esquire Florida Bar No.: 240354 Primary email:msrywant@rywantalvarez.com Secondary: — service@rywantalvarez.com eburke@rywantalvarez.com Carla M. Sabbagh, Esquire Florida Bar No.: 72727 Primary email:csabbagh@rywantalvarez.com Secondary: creneke@rywantalvarez.com Rywant, Alvarez, Jones, Russo & Guyton, P.A. 2440 S.W. 76" Street Ste. 130 Gainesville, FL 32608 (Tel) 352 to 333 to 3700 / (Fax) 352 to 333 to 3706 Attorneys for Defendant, 13" Street Home Sales, LLCEXHIBIT AFrom: 3866982364 Page: 4/8 Date: 6/4/2013 10:50:52 AM VILLE P 4340 Newbery Road + Suite 104 Gaineaville, FL32607 Tol 962-977-3100 + Fax: 962-977-1286 DATE OF BIRTH: DATE OF EXAM: PEYSICIAN: MRI SCAN OF THE CERVICAL SPINE 9z/18/20id 11, D.0. HISTORY: Chronic pain, Bilateral numbness, RECHNIQUE: Sagittal Tl, sagittal 12, and axial gradient echo images through the cervical spine without contrast. The patient bad her initial examination on 02/10/2011 with moderate motion artifact noted on that examination. Patient returned on 02/18/2011 to repeat several sequences. FINDINGS; Coronal scout image demonstrates moderate scoliosis in the cervical spine convex to the left. Repeat sagittal images fail to demonstrate any significant motion artifact. There is mild reversal of the noxmal cervical lordosis. Cervical cord appears normal size and signal. No compression fracture is.seen. Wo. significant subluxation is identified. The cerebellar tonsils appear noxmally positioned. C2=3 disc level: No dise protrusion or canal stenosis is sean. C3-4 disc level: Mild annular bulge 4s noted. Uncevertebral joint and facet hypextrophy is seen towards the right with mild foraminal stenosis on the right. C4-5 disc level: Desiccated disc is seen with moderate bulge and 3 mm left paracentxal disc protrusion and osteophyte. Uncovertebral joint hypertrophy is seen towards the left. There is mild canal stenosis and mild foraminal stenosis on the left. Continued on the following page. This tax was received by Gri FAXmaker fax server. For more information, visit http/Awww.gfi.com, Name: Ariedge, Gale vole!From: 3866982364 = Page: 59 Date: 6/4/2013 10:50:52AM GAINESVILLE EN MRI 4340 Newbemy Road « Suite 104 Gainesville, FL32607 Tok 352-377-3100 « Fax: 962-377-1286 PAGE 2 OF 3 PATIENT NAME: ARLEDGE, GALE DATE OF EXAX: 02/18/2011 UNIT NUMBER: 14713 © C5-6 disc level: Desiccated digc is seen with annular bulge and osteophyte with uncovertebral joint and ‘facet hypertrophy towards the right. There is moderate foraminal narrowing on the right with mild canal stenosis. Cé-7 dise level: Desiccated bulging disc is seen with 4 om broad-based posterior disc protrusion and uncovertebral joint and facet hypertrophy bilaterally. There is moderate canal stenosis. Mild to moderate foraminal narrowing is noted bilaterally. Ci-T1 dise level: Bulging dise is seen with uncovertebral joint and facet hypertrophy with moderate foraminal narrowing bilaterally. IMPRESSION: 1. Repeat imaging fails to demonstrate significant motion artifact as did the prior examination. 2. Scoliosis convex to the left with reversal of the cervical lordosis. 3. C3-4 uncovertebral joint and facet hypertrophy towards the right with mild foraminel stenosis on the right. 4. C4-5 desiccated disc with moderate bulge and broad~ based left paracentral dise protrusion with mild canal stenosis and mild foraminal stenosis on the left. 5, 5-6 desiccated hulging disc and osteophyte without disc protrusion with mild canal stenosis. Mild to moderate foraminal narrowing is seen on the right. C6-7 desiccated bulging disc with moderate broad-based posterior disc protrusion and moderate canal stenosis. Uncovertebral joint and facet hypertrophy is sean with mild to moderate foraminal narrowing bilatexally. Continued on the following page. This fax was received by GF FAXmaker fax server, For more information, visit: http. /Avww.gti.com Name: Arledge, Gale woleFrom: 3866982364 Page: 6/9 = Date: 6/4/2013 10:60:52 AM GAINES E OPEN MR 4340 Newberry Road « Sulte 104 . Gainesville, FL326007__* Tat 952-377-8100 « Fax: 052-377-1286 PAGH 3 OF 3 PATIENT NAME: ARLEDGE, GALE DATE OF EXAM; 02/18/2014 UNIT NUMBER: 14713 5, C?-TL desiccated bulging dise with uncovertebral joint and facet hypertrophy with moderate foraminal narrowing bilaterally and symmetrically, Charles... Domson, M.D. Diplomate, American Board of Radiology Dictated but not read te expedite delivery, 1964/1060 D: 02/18/2012 01:36:00 PM + 02/18/2021 01:06:07 PM NAF File: ZNFDLG-196449134271 Billing Code: MR This fax was received by GFl FAXmaker fax server. For more intormation, visit: http:/Avww.gfl.com Name: Arledge, Gale vole!EXHIBIT Bi ly, 1465 Kingsley Avenue, Suite 104 ome py ee Orange Park, FL 32073 ROE Ras Phone: (904) 458-014] Fax (904) 458.4802 ADVANCED us henna DIAGNOSTIC GROUP Tampa » Brandon + Lakeland + Kissimmee + Orlando * Jacksonville « Orange Park » Palm Beach Gardens + Jupiter PATIENT NAME: GALE ARLEDGE PATIENT 1D: REFERRING PHYSICIAN: CRAIG KORNICK, MD Dos: . REFERRING PHONE: bos: 02/15/2016 REFERRING FAX: EXAMINATION: MRI C- Spine Wio CLINICAL HISTORY: Chronic neck pain. TECHNIQUE: Mulisequence T1 and T2 weighted images were obtained, FINDINGS: There is mild levoscoliosis centered in the mid cervical spine. The posterior fossa Structures are normal. The Cervical cord structures are normal. There is loss of the normal lordotic curvature of the Cervical spine which is a Nonspecific finding. Clinical correlation is fecommended. No prevertebral or paravertebral masses or fluid collections are identified, There is disc space Narrowing with anterior osteophytes from C3 to T1, Facet arthropathy is present at muttiple cervical levels, There is partial opacification of the sphenoid sinus consistent with an element of sinusitis. There is no air/iuid level. Segmental analysis of the cervical spine is as follows: At C2-3, there is facet arthropathy on the right with moderate tight foraminal stenosis. The disc ig unremarkable and there is no central canal or left foraminal stenosis, At C3-4, there ig tight paracentral disc herniation superimposed on disc bulging. The herniation is a combination of soft disc covered with osteophytes, This impresses the anterior margin of the thecal sac and AtC4-5, there is disc bulging with marginal osteophytes impressing the anterior margin of the thecalsac, AP diameter of the canal is 8.7 mm and there is mitd to moderate central canal stenosis. There is mild bilaterat foraminal stenosis, Page 4 of 6“ag A fl fy 1465 Kingsley Avenue, Suite 104 ~ oo ADVANCED Phone: (904) 458.0141 DIAGNOSTIC GROUP Fax (904) 458-4802 High Field MRI & X-Ray Tampa + Brandon + Lakeland + Kissimmee + Orlando « Jacksonville + Orange Park + Patm Beach Gardens + Jupiter PATIENT NAME: GALE ARLEDGE PATIENT ID: REFERRING PHYSICIAN: CRAIG KORNICK, MD DOB: REFERRING PHONE: DOs: 02/15/2016 REFERRING FAX: EXAMINATION: MRI C- Spine W/O AtC5-6, there is tight central disc hemiation superimposed on disc bulging. The herniation does contact the anterior aspect of the cervical cord. There Is no abnormal cord signal. AP diameter of the canal is 7.8 mm and there is moderate central canal stenosis. There are marginal osteophytes and there is uncovertebral Spurring. There is moderate right and mild left foraminat Stenosis. (sagittal T2 image 8; axial T2 image 7) AtC?-T1, there are uncovertebral spurs with moderate right and mild teft foraminal stenosis. There is disc bulging which impresses the anterior margin of the thecal sac, There is no central canal stenosis, IMPRESSION: 1. There is loss of the normat lordotic curvature of the cervical Spine which is a nonspecific finding. Clinical correlation is recommended, 2. There is mild levoscoliosis centered in the mid cervical spine. 3. There is disc space Narrowing with anterior osteophytes from C3 to T1. Facet arthropathy is present at multiple cervical fevels. 4. There is partial opacification of the sphenoid sinus Consistent with an element of sinusitis. There is no ait/fuid level. 5. AtC2-3, there is facet arthropathy on the tight with moderate Fight foraminal stenosis, The dise is unremarkable, 6. AtC3-4, there is tight paracentral disc herniation superimposed on disc bulging. The herniation isa combination of soft disc covered with osteophytes. This impresses the anterior margin of the thecal sac and |s causing severe stenosis of the right foramen. Key image 1 is a Sagittal TZ image on the tight. The arrow is pointing to the C3-4 disc herniation which demonstrates Prominent associated osteophytes, Page 2 of &St ly 1465 Kingsley Avenue, Suite 104 ~ee ~_— Orange Park, FL32073 Phone: (604) 458-0141 ADVANCED ne oa DIAGNOSTIC GROUP High Feld MRI & X-Ray Tampa * Brandon + Laketand « Kissimmee + Orlando + Jacksonville + Orange Park + Palm Beach Gardens + Jupiter PATIENT NAME; GALE ARLEDGE PATIENT ID: REFERRING PHYSICIAN: CRAIG KORNICK, MD DOB: REFERRING PHONE; bos: 02/15/2016 REFERRING FAX: EXAMINATION: MRI C- Spine Wi0 7. AtC4-5, there is disc bulging with marginal osteophytes impressing the anterior margin of the theca! sac. AP diameter of the canal is 8.7 mm and there is mild to moderate central Canal stenosis, There is mild bilateral foraminal stenosis. 8. AtC5-6, there is right central disc herniation Superimposed on disc bulging. The hemiation does contact the anterior aspect of the cervical cord. There is no abnormal cord signal. AP diameter of the herniation, 9. AtC6-7, there is disc bulging with marginal osteophytes impressing the anterior margin of the thecal sac and contacting the anterior aspect of the cervical cord with mild flattening of the cervical cord, There is no abnormal cord signal. AP diameter of the canal is 7.4 mm and there is moderate central canal stenosis. There is mild left and moderate right foraminal stenosis, 10.AtC7-71, there are uncovertebral spurs with moderate right and mild left foraminal stenosis. There is disc bulging which impresses the anterior margin of the thecal sac. The key image designations are not reviewed by the radiologist. ROBERT HARDAGE, MD Electronically signed on: 2/16/2016 12:14:59 PM Page 3 of @1465 Kingsley Avenue, Suite 104 Orange Park, FL32073 Phone: (904) 458-0141 A DVAN CE D Fax (904) 458-4802 DIAGNOSTIC GROUP Mh Pit MRI & X-Ray Tampa + Brandon + Lakeland « Kissimmee + Orlando + Jacksonville » Orange Park « Palm Beach Gardens + Jupiter PATIENT NAME: GALE ARLEDGE PATIENT ID: REFERRING PHYSICIAN: CRAIG KORNICK, MD DOB: REFERRING PHONE: dos: 02/15/2016 REFERRING FAX: EXAMINATION: MRI C- Spine Wo Transcribed by: LO on; 2/17/2016 4:12:47 PM Page 4 of 6EXHIBIT CFrom: 3866982364 Page: 3/9 Date: 6/4/2013 10:50:52 AM AINES VILLE PEN MR 4340 Newberry Road « Suite 104 - Galnesville. FL32607 For: 962+377-3100 + Fax: 362977-1286 PATIENT NAME: ARLEDGE, GALE A. ID NUMBER: DATE OF BIRTH: DATE OF EXAM: 02/10/2012 PHYSICIAN: John F, Hull, D.O. MRI SCAN OF TEE THORACIC SPINE HISTORY: Dorsal pain. TRCMIIQUE: Sagittal Tl, sagittal T2, and axial Tl-weighted images through the thoracic spine. FINDINGS: Vertebral body height and alignment are within pormal limits. No spondylolisthesis ox compression fractures are identified. there is dehydrated disc with mild bulges at T6-7 and T8-9 and T9-10. Mild scoliosis is noted convex to the right. No compression fractures are seen. Axial images demonstrate patent canal. No focal cord lesions are identified. IMPRESSION: 1. Desiccated bulging discs at T6-7 and T8-9 and T2910 levels without canal stenosis. 2. Mild to modexate theracic scoliosis convex to the right. kee i. Secon be Diplomate, American Board of Radiology Dictated but not read to expedite delivery. 1964/1060 D: 02/11/2021 10:30:00 AM fT: 02/11/2011 01:23:12 PM NAF File: ZNEDLG-110421320544 Billing Code: MR This fax was received by GFi FAXmaker fax server, For more information, visit http/Avww.gfi.com Name: Arledge, Gale te: wote:EXHIBIT Dcetera From: 6152210342 Page: 29 Date: 5/20/2013 12:47:23 PM Apr OS 2019 11718 FLENING ISLAND JHAGING 904-541-0081 pel cine ne valent enemas = a ey Fleming Ieland Imaging Center Name: ARLEDGE,GALE A 1681 Yagie Harbor Farkway East Phys Macbeth MD,Ronald Alvin Fleming Ieland, YL 32003 Bro Age: 55 Bex: ¥ Acetr ' Lee; G,FLEMEAST PHONE #1 904-541-0001 Exam Date: 04/03/2013 Status: DEP CLT BAX #: 904-541-0081 RadLology No; . Unit Nor GO00671416 BXANG 002093578 LUMBAR SPINE W/O CONTRAST HISTORY: Low back pain radiating down left leg. Injury January 2013. ting pain. BOSACRAL SPINE WITHOUT GADOLINIUM ON APRIL 3, 2013 Findings: Study was done on the open magnet. The vertebral bodies are noxymal in aize, signal characteristics and position, No fracture, marrow edema or spondylolisthesis or spurring ig seen, No disc space narrowing 49 seen, Axial sequence ning image nine shows some focal L3-L¢ dise protrueion heft lateral aspect causing focal left foraminal moderate stenosia. There ig no central thecal sac compresaion or right foraminal stencais at this level. There is mild broad-based disc bulge at L5-S1 with apparent small aubligamentous annulay tear in the mid posterior disc, Thexe ig no stenosis. The other levels shows no disc protrusion, degenerative disease or herniation or stenosis. A small 1 cm meningeal cyat is geen posteriorly near the midline at the $2 level, Conus iz noxzmal and no intradural abnormalities seen. impression) 3. No evidence of fracture, spondylolisthesis or other al abnormality, 2, There ig a focal dise protrusion on the left eide at 13-L¢ causing moderate left foraminal stenoais, 3, LS-63 shows small aubligamentous annular tear of the diea but no stenosis. ** Blectronically Signed by M.D. Grady C. Stewart ** ae on 04/03/2013 at 1649 ae Reported and signed by: Grady C. Stewart, M.D, PAGE 1 Signed Report (CONTINUED) This fax was received by GF FAXmaker fax server. For more information, visit: httpyAeww.gfi.com Name: Arledge, Gale vole:—_—_— Apr O9 2013 11:18 From, 6152210342 Fleming Island Imaging Center 1681 Eagle Harbor Parkway fast Fleming Island, FL 32003 PHONE #1 904+841-0001 PAX #1 904-541-0081 BXAMSt Page: 3/9 Date: 5/30/2013 12:47:23 PM FLEMING ISLAND INAGING 904-541-0081 pee Name: ARLEDGE, GALE A Phys: Macheth MD,Ronald Alvin DOBT age; 55 Sex: F Accty Log: G.FLEMEAST Exam Date: 04/03/2013 Status: DEP CLI Radiology No: Unit Nor G000671418 002093578 LUMBAR SPINE W/O CONTRAST Transcriptionist: DRSTEGR C; John Hull poy Ronald Alvin Macbeth MD Dictated Date/Time: 04/03/2013 (1449) Technologist: Cecile Dunham RT Transcribed Date (R) {Timer 04/03/2013 (1449) Electronic Signature Date/Timar 04/03/2023 (1449) printed Date/Time: 04/09/2013 (1059) BATCH NO: N/A PAGR 2 . Bignead Report This fax was received by GF FAXmaker fax server. For more Information, visit: http.www.gfi.com Name: Arlecge, GaleEXHIBIT Ei 1 “ 1465 Kingsley Avenue, Suite 104 = — Orange Park, FL32073 ; Phone: (904) 458-0141 Fax (904) 458-4802 ADVANCED High Field MRI & X-Ray DIAGNOSTIC GROUP Tampa + Brandon + Lakeland + Kissimmee * Orlando + Jacksonville + Orange Park + Palm Beach Gardens » Jupiter PATIENT NAME: GALE ARLEDGE PATIENT ID: REFERRING PHYSICIAN: CRAIG KORNICK, MD DOB: REFERRING PHONE: DOS: 02/18/2016 REFERRING FAX: EXAMINATION: MRI RT SHOULDER W/O CLINICAL HISTORY: Chronic right shoulder pain. COMPARISON: Right shoulder radiographs 41/11/2014. TECHNIQUE: Multisequence T1 and T2 weighted images were obtained. FINDINGS: ROTATOR CUFF: The supraspinatus tendon is thickened with intermediate T2 signal consistent with tendinosis. There is fraying of the bursal surface of the tendon with tear along the bursal surface involving greater than 50% of the tendon thickness. There is, also, partial tear at the tendon insertion anterior (proton density fat sat coronal images 8 and 10; proton density fat sat sagittal images 5 and 6). The infraspinatus tendon is intact, The teres minor tendon is intact. No abnormality of the subscapularis tendon is evident. LABRUM: The labrum is normally positioned in the glenoid. There is no definite evidence for labral tearing. BICEPS TENDON: The long head of the biceps tendon is normally located in the bicipital groove and it appears normal. OSSEOUS STRUCTURES AND SOFT TISSUES: ‘There is AC joint degenerative change without impingement. The glenohumeral joint is unremarkable. Marrow signal demonstrates no contusion or occult fracture. There is no marrow replacing lesion. There is no jointeffusion. There ig fluid in the subacromial bursa which may refiect bursitis or could reflect occult full thickness tear of the supraspinatus tendon. Muscular and fascial planes are unremarkable and there is no soft tissue mass. IMPRESSION: 4. Supraspinatus tendinosis. There is partial, approximately 50%, tear at the anterior insertion of the supraspinatus tendon. Additionally, there is bursal surface fraying of the tendon with bursal surface tear involving 50% of the tendon thickness. Key image 2 is a proton density fat sat sagittal image. Paget of 3i i ty 1465 Kingsley Avenue, Suite 104 Orange Park, FL 32073 ~' ee ge Park, Phone: (904) 458-0141 ADVA NCE D Fax (904) 458-4802 DIAGNOSTIC GROUP igh Field MRI & X-Ray Tampa + Brandon » Lakeland « Kissimmee + Orlando + Jacksonville « Orange Park « Palm Beach Gardens + Jupiter PATIENT NAME: GALE ARLEDGE PATIENT ID: REFERRING PHYSICIAN: CRAIG KORNICK, MD. DOB: REFERRING PHONE: bos: 02/46/2016 REFERRING FAX: EXAMINATION: MRI RT SHOULDER W/O The arrow is pointing to the anterior insertion tear of the supraspinatus tendon. Key image 1 is a Proton density fat sat coronal image