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Filing # 93278406 E-Filed 07/29/2019 09:45:23 AM
IN THE CIRCUIT COURT OF THE 17TH
JUDICIAL CIRCUIT, IN AND FOR
BROWARD COUNTY, FLORIDA
THOMAS ROSS,
CASE NO.: 18-000308 CACE (03)
Plaintiff,
vs,
BRIAN LIEFER and GEICO
GENERAL INSURANCE COMPANY,
Defendants.
PL. TIFF ‘EOF PROPOUNDING PRETRIAL OGATORIES
COMES NOW the Plaintiff, THOMAS ROSS.. by and through undersigned counsel and
pursuant to Fla. R. Civ. P. 1.340, hereby gives notice of propounding Pretrial Interrogatories to
Defendants, BRIAN LIEFER, and requests that same be answered under oath and in writing within
thirty (30) days of the date herein specified below.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct c: f the foregoing has been electronically
filed and served through the e-filing portal on this 4 *_ day of July, 2019 to: Charles Benon,
Esquire, Nicholas J. Ryan & Associates, 110 SE 6" Street, 110 Tower, Suite 2100, Fort Lauderdale,
FL 33301; flor.law-chuckbenson.295019@statefarm.com: and Scott Kirschbaum, Esquire, Cole
Scott & Kissane, PA 91150 S. DadelanD Boulevard, Suitge 1400, Miami, FL 33256;
cott.kirschbaum@csklegai.com:; austin.jones@csklegal.com: jennifer.mullen@csklegal.com:
ileana.mahado@esklegal.com: alina.gonzalez@csklegal.com,
STEINGER, GREENE & FEINER, P.A.
2727 NW 62nd Street
Fort Lauderdale, FL 33309
Telephone: (954) 491-7701
Facsimile: (954) 634-8337
Email: thaker@injurylawyers.com
slater@injury! Jawyers.com
mleventhal@iajurylar ers.com
Attorney; pe
Todd L. Ba er
Florida Bi No.: 88181
#** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 07/29/2019 09:45:23 AM.*###*
PLAINTIFF'S, PRETRIAL INTERROGATORIES TO DEFENDANT
BRIAN LIEFER
1. State whether the Defendants, their agents, servants, or employees, have performed any
surveillance upon the Plaintiff, either by observations, photographs (movie or still), of any type or
by any other means and if the answer is yes, state the dates of each and every surveillance attempt
and the nature thereof, the names, home addresses, home telephone numbers and names of
employers, work addresses and work telephone numbers of each and every person who participated
in the surveillance, and the name, home address, home telephone number, name of employer, work
address and work telephone number of the person who has possession of the film and reports of any
and all surveillance conducted.
2 Please state the name, profession, speciality or area(s) of expertise, professional address,
employer, and date of retention of each person who you, or your attorneys will, or may, call to testify
as expert witnesses at the trial of this matter.
3 As to each expert, state the following:
a. in detail, the subject matter about each expert will or may be expected to testify.
Substance of facts and opinions to which each expert will or may testify.
Summary of the grounds for each opinion.
Identify every piece of information relied upon by said expert in connection with this
matter.
Identify all materials furnished or made available to each expert for his or her use in
forming opinions in this case.
f. Identify any other information reviewed by each expert in connection with this case,
studies performed or other work in this case.
Identify each and every communication by you with said expert including subject
matter, method and length of communication, and persons involved.
State the date when you first received each and every opinion and whether it was
oral, written or both.
Identify any opinions which were revised or modified and the reason for same.
4 Ifany person named in answer to the foregoing Interrogatories has submitted a written report
or opinion relative to the subject matter of this case, state:
a. The name of the person submitting such written report or opinion; and
b, The date, or dates if more than one, of such written report or opinion; and
C. The name and address of the person to whom such written report or opinion was
submitted.
5 if you contend that any of the injuries that Plaintiff's doctors have opined are related to the
incident alleged in the Complaint are not related to that incident or do not exist, please state the
nature of the injury condition or problem, all doctors or other expert witnesses who are expected to
testify in support of your position, the cause of said injury condition or problem and the basis for
their opinions. This specifically includes but is not limited symptoms of the neck, head, back, knee
and shoulder and cognitive issues, if applicable. If you contend that no problems exist or existed
since the date of the incident, please provide the same information.
6 Please give a full description of the scope of each expert's employment in this case, and the
compensation he or she has earned or is reasonable likely to earn in the future for such service.
7 Regarding any expert witness identified or retained in this action by you or anyone acting on
your behalf (including your attorney, his law firm or your insurance company), state the following:
a The identity (by examinee name, date, and claim number) of other insurance claims
or legal actions in which each such witness, has rendered opinions or evaluations for
you or anyone acting on your behalf (including your attorneys, your insurance
company and/or claims adjusting agents), both in Florida and nationally in the
preceding three (3) years. (If you have identified a medical expert witness, you are
not requested to identify instances where said expert provided treatment to a patient).
The identity of the specific legal actions (by plaintiff name, case number, court,
defense attorney's name & address, date of suit filing) in which each such expert has
given trial or deposition testimony for you or anyone acting on your behalf (including
your attorneys, their law firm or your insurance company and/or claims adjusting
agents), both in Florida and nationally in the preceding three (3) years.
8 For each of your retained experts in this action, state the amount of the money that you, your
defense team, or anyone acting on your behalf have paid to each such witness during the preceding
three (3) years for all services rendered:'
a) In total:
b) By You:
¢) By or through your past and present Attorneys, who have worked on this case:
d) By or through your Insurers
"If you have identified a medical expert witness, you are not requested to identify
instances where said expert provided treatment to a patient.
e) By Anyone else acting on your behalf
9 For each of your retained experts in this action, state the amount of the money that you, your
defense team, or anyone acting on your behalf have paid to each of your retained experts’ company,
corporation, partnership, practice or similar related entity or any of its employees, partners or agents
during the preceding three (3) years for all services rendered:?
a) In total:
b) By You:
c) By or through your past and present Attorneys, who have worked on this case:
d) By or through your Insurers
e) By Anyone else acting on your behalf
? If you have identified a medical expert witness, you are not requested to identify
instances where said expert provided treatment to a patient.
10 Please give a full description of each expert's general litigation experience including:
a the percentage of work performed for plaintiffs and defendants.
all other cases in which the expert has testified by deposition or at trial, within the
last three years (with jurisdiction, court style, case number, date of testimony, and the
names of attorneys).
an approximation of the portion of each expert's involvement as an expert witness,
based on the number of hours, percentage of hours and percentage of earned income
derived from serving as an expert witness.
Ifthe expert's opinions been subjected to a Frye or Daubert hearing or otherwise been
challenged, limited, barred or precluded, in whole or in part, please identify
Jurisdiction, court style, case number, date of testimony, and the names of attorneys,
the type of challenge and the result thereof.
The percentage of working time the expert spends in his/her capacity as an expert
witness.
The percentage of the expert's overall income derived by serving as an expert
witness.
The percentage of the expert's overall income derived by serving as an expert witness
for Plaintiffs.
The percentage of the expert's overall income derived by serving as an expert witness
for Defendants or insurance companies.
The names of two plaintiffs, in cases where the expert testified on behalf of the
plaintiff, within the last three years, including the names, addresses and telephone
numbers of the attorneys for those plaintiffs.
11. Please describe any further work that each expert anticipates doing in this case prior to
appearing at trial.
12. For each expert witness, please state:
a. Whether he is a member of any professional association or associations and if so, for
each such person state the name of each professional association of which he is a
member.
The date he became a member.
A description of any office or honorary position he has held in each such professional
association.
13, For each person identified in the preceding Interrogatories, please state:
a Whether he is the author of any books, treaties, papers, or articles on any subject in
his professional field or specialty.
b. If so, please state the title and subject matter of each such publication.
The name and address of each publisher.
The date of publication.
As to each such publication, please state whether the person identified above
collaborated with any other person in the writing of such publication and if so, the
name of the person or persons who collaborated on each such publication.
14. For each person identified in the preceding Interrogatories, please state whether he is licensed
by any governmental authority to practice in his particular professional field or specialty, and if so,
please state for each such person:
a, The designation of the authority by whom he was licensed.
b, The date of such licensing.
Cc. The general requirements necessary to obtain this license.
15. For each such person identified in the preceding Interrogatories, please state whether his
license to practice in his professional field or specialty has ever been revoked or suspended and, if
so, for each such revocation or suspension, please state:
a, The name of the person.
The inclusive dates of such revocation or suspension.
The designation of the authority who revoked or suspended the license.
The substance of any charges preferred.
Any punishment, sanctions or fines imposed.
16. For each person identified in the preceding Interrogatories, please state whether he has
practiced or worked in his professional field or specialty during the past five (5) years, and if so,
please state:
a. The name and address of each such employer.
b The dates of such employment.
¢. The type of duty or professional services performed for each such employer.
17, As to each expert consulted by you or your attorneys, relative to the subject matter of this
case, but who you do not expect to call to testify at trial, state:
a. His name, profession and professional address; and
The subject matter about which he was consulted; and
Ifhe has submitted any written reports or opinions relative to the subject matter about
which he was consulted, indicate the date, or dates, of such report and the name and
address to whom submitted.
18. State the full name, work address, home address, work telephone number and home
telephone number of each witness or any other person who has any knowledge concerning the
subject matter of this lawsuit.
19. State the precise names, home addresses and home telephone numbers and work addresses
and work telephone numbers and any other information sufficient for the location of all persons
known to you, your agents or attorneys, who were or purport to have been eye-witnesses to the
accident here involved.
20. State the names, home addresses and home telephone numbers, work addresses and work
telephone numbers and any other information sufficient for the location of all other persons not
mentioned above who are believed or known to have knowledge of facts relevant to this lawsuit.
21. Please give the names, addresses and telephone numbers of any persons whose testimony the
Defendant(s) may present at trial, whose identities have not previously been disclosed to the
Plaintiff(s) by the Defendant(s).
22. Please identify each case in which each of your retained experts’ company, corporation,
partnership, practice or similar related entity or any of its employees, partners or agents other than
the retained expert him or herself has testified as an expert witness by deposition during the
preceding three (3) years for your insurance company(s) (including its related companies) or its
insureds.
23. Please identify each case in which each of your retained experts’ company, corporation,
partnership, practice or similar related entity or any of its employees, partners or agents other than
the retained expert him or herself, has testified as an expert witness in trial during the preceding three
(3) years for your insurance company(s) (including its related companies) or its insureds.
24. For the preceding three (3) years, how many litigation cases have each of your retained
experts’ company, corporation, partnership, practice or similar related entity or any of its employees,
partners or agents other than the retained expert him or herself performed analysis and rendered
opinions for your insurance company(s) (including its related companies) or its insureds.
25. Are you aware of any incident other than the accident that is the subject of this litigation in
which the plaintiff was or might have been injured? If yes, please state the nature, date(s) and
place(s) ofall such incidents, the injuries allegedly sustained therein, the names and addresses of all
witnesses with any knowledge concerning each such incident, and describe with particularity any and
all records, documents or things in your possession or control that relate or refer to each such
incident.
26. If your Answers to Interrogatories served in the past have changed, please identify the date
and number of the interrogatory and state the up-to-date answer to same.
STATE OF FLORIDA
COUNTY OF
BEFORE ME, the undersigned authority, personally appeared
, who, is personally known to be or who has produced the following
government-issued identification and who being duly sworn,
deposes and says that the Answers to the Interrogatories attached hereto are true to the best of his/her
knowledge, information and belief.
Subscribed and sworn to before me this day of 2019,
by
NOTARY PUBLIC - State of Florida
(Print, type or stamp commissioned name of
Notary Public)
Personally known __ or produced identification _
Type of identification produced:
Preview
Filing # 93278406 E-Filed 07/29/2019 09:45:23 AM IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT, IN AND FOR BROWARD COUNTY, FLORIDA THOMAS ROSS, CASE NO.: 18-000308 CACE (03) Plaintiff, vs, BRIAN LIEFER and GEICO GENERAL INSURANCE COMPANY, Defendants. PL. TIFF ‘EOF PROPOUNDING PRETRIAL OGATORIES COMES NOW the Plaintiff, THOMAS ROSS.. by and through undersigned counsel and pursuant to Fla. R. Civ. P. 1.340, hereby gives notice of propounding Pretrial Interrogatories to Defendants, BRIAN LIEFER, and requests that same be answered under oath and in writing within thirty (30) days of the date herein specified below. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct c: f the foregoing has been electronically filed and served through the e-filing portal on this 4 *_ day of July, 2019 to: Charles Benon, Esquire, Nicholas J. Ryan & Associates, 110 SE 6" Street, 110 Tower, Suite 2100, Fort Lauderdale, FL 33301; flor.law-chuckbenson.295019@statefarm.com: and Scott Kirschbaum, Esquire, Cole Scott & Kissane, PA 91150 S. DadelanD Boulevard, Suitge 1400, Miami, FL 33256; cott.kirschbaum@csklegai.com:; austin.jones@csklegal.com: jennifer.mullen@csklegal.com: ileana.mahado@esklegal.com: alina.gonzalez@csklegal.com, STEINGER, GREENE & FEINER, P.A. 2727 NW 62nd Street Fort Lauderdale, FL 33309 Telephone: (954) 491-7701 Facsimile: (954) 634-8337 Email: thaker@injurylawyers.com slater@injury! Jawyers.com mleventhal@iajurylar ers.com Attorney; pe Todd L. Ba er Florida Bi No.: 88181 #** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 07/29/2019 09:45:23 AM.*###* PLAINTIFF'S, PRETRIAL INTERROGATORIES TO DEFENDANT BRIAN LIEFER 1. State whether the Defendants, their agents, servants, or employees, have performed any surveillance upon the Plaintiff, either by observations, photographs (movie or still), of any type or by any other means and if the answer is yes, state the dates of each and every surveillance attempt and the nature thereof, the names, home addresses, home telephone numbers and names of employers, work addresses and work telephone numbers of each and every person who participated in the surveillance, and the name, home address, home telephone number, name of employer, work address and work telephone number of the person who has possession of the film and reports of any and all surveillance conducted. 2 Please state the name, profession, speciality or area(s) of expertise, professional address, employer, and date of retention of each person who you, or your attorneys will, or may, call to testify as expert witnesses at the trial of this matter. 3 As to each expert, state the following: a. in detail, the subject matter about each expert will or may be expected to testify. Substance of facts and opinions to which each expert will or may testify. Summary of the grounds for each opinion. Identify every piece of information relied upon by said expert in connection with this matter. Identify all materials furnished or made available to each expert for his or her use in forming opinions in this case. f. Identify any other information reviewed by each expert in connection with this case, studies performed or other work in this case. Identify each and every communication by you with said expert including subject matter, method and length of communication, and persons involved. State the date when you first received each and every opinion and whether it was oral, written or both. Identify any opinions which were revised or modified and the reason for same. 4 Ifany person named in answer to the foregoing Interrogatories has submitted a written report or opinion relative to the subject matter of this case, state: a. The name of the person submitting such written report or opinion; and b, The date, or dates if more than one, of such written report or opinion; and C. The name and address of the person to whom such written report or opinion was submitted. 5 if you contend that any of the injuries that Plaintiff's doctors have opined are related to the incident alleged in the Complaint are not related to that incident or do not exist, please state the nature of the injury condition or problem, all doctors or other expert witnesses who are expected to testify in support of your position, the cause of said injury condition or problem and the basis for their opinions. This specifically includes but is not limited symptoms of the neck, head, back, knee and shoulder and cognitive issues, if applicable. If you contend that no problems exist or existed since the date of the incident, please provide the same information. 6 Please give a full description of the scope of each expert's employment in this case, and the compensation he or she has earned or is reasonable likely to earn in the future for such service. 7 Regarding any expert witness identified or retained in this action by you or anyone acting on your behalf (including your attorney, his law firm or your insurance company), state the following: a The identity (by examinee name, date, and claim number) of other insurance claims or legal actions in which each such witness, has rendered opinions or evaluations for you or anyone acting on your behalf (including your attorneys, your insurance company and/or claims adjusting agents), both in Florida and nationally in the preceding three (3) years. (If you have identified a medical expert witness, you are not requested to identify instances where said expert provided treatment to a patient). The identity of the specific legal actions (by plaintiff name, case number, court, defense attorney's name & address, date of suit filing) in which each such expert has given trial or deposition testimony for you or anyone acting on your behalf (including your attorneys, their law firm or your insurance company and/or claims adjusting agents), both in Florida and nationally in the preceding three (3) years. 8 For each of your retained experts in this action, state the amount of the money that you, your defense team, or anyone acting on your behalf have paid to each such witness during the preceding three (3) years for all services rendered:' a) In total: b) By You: ¢) By or through your past and present Attorneys, who have worked on this case: d) By or through your Insurers "If you have identified a medical expert witness, you are not requested to identify instances where said expert provided treatment to a patient. e) By Anyone else acting on your behalf 9 For each of your retained experts in this action, state the amount of the money that you, your defense team, or anyone acting on your behalf have paid to each of your retained experts’ company, corporation, partnership, practice or similar related entity or any of its employees, partners or agents during the preceding three (3) years for all services rendered:? a) In total: b) By You: c) By or through your past and present Attorneys, who have worked on this case: d) By or through your Insurers e) By Anyone else acting on your behalf ? If you have identified a medical expert witness, you are not requested to identify instances where said expert provided treatment to a patient. 10 Please give a full description of each expert's general litigation experience including: a the percentage of work performed for plaintiffs and defendants. all other cases in which the expert has testified by deposition or at trial, within the last three years (with jurisdiction, court style, case number, date of testimony, and the names of attorneys). an approximation of the portion of each expert's involvement as an expert witness, based on the number of hours, percentage of hours and percentage of earned income derived from serving as an expert witness. Ifthe expert's opinions been subjected to a Frye or Daubert hearing or otherwise been challenged, limited, barred or precluded, in whole or in part, please identify Jurisdiction, court style, case number, date of testimony, and the names of attorneys, the type of challenge and the result thereof. The percentage of working time the expert spends in his/her capacity as an expert witness. The percentage of the expert's overall income derived by serving as an expert witness. The percentage of the expert's overall income derived by serving as an expert witness for Plaintiffs. The percentage of the expert's overall income derived by serving as an expert witness for Defendants or insurance companies. The names of two plaintiffs, in cases where the expert testified on behalf of the plaintiff, within the last three years, including the names, addresses and telephone numbers of the attorneys for those plaintiffs. 11. Please describe any further work that each expert anticipates doing in this case prior to appearing at trial. 12. For each expert witness, please state: a. Whether he is a member of any professional association or associations and if so, for each such person state the name of each professional association of which he is a member. The date he became a member. A description of any office or honorary position he has held in each such professional association. 13, For each person identified in the preceding Interrogatories, please state: a Whether he is the author of any books, treaties, papers, or articles on any subject in his professional field or specialty. b. If so, please state the title and subject matter of each such publication. The name and address of each publisher. The date of publication. As to each such publication, please state whether the person identified above collaborated with any other person in the writing of such publication and if so, the name of the person or persons who collaborated on each such publication. 14. For each person identified in the preceding Interrogatories, please state whether he is licensed by any governmental authority to practice in his particular professional field or specialty, and if so, please state for each such person: a, The designation of the authority by whom he was licensed. b, The date of such licensing. Cc. The general requirements necessary to obtain this license. 15. For each such person identified in the preceding Interrogatories, please state whether his license to practice in his professional field or specialty has ever been revoked or suspended and, if so, for each such revocation or suspension, please state: a, The name of the person. The inclusive dates of such revocation or suspension. The designation of the authority who revoked or suspended the license. The substance of any charges preferred. Any punishment, sanctions or fines imposed. 16. For each person identified in the preceding Interrogatories, please state whether he has practiced or worked in his professional field or specialty during the past five (5) years, and if so, please state: a. The name and address of each such employer. b The dates of such employment. ¢. The type of duty or professional services performed for each such employer. 17, As to each expert consulted by you or your attorneys, relative to the subject matter of this case, but who you do not expect to call to testify at trial, state: a. His name, profession and professional address; and The subject matter about which he was consulted; and Ifhe has submitted any written reports or opinions relative to the subject matter about which he was consulted, indicate the date, or dates, of such report and the name and address to whom submitted. 18. State the full name, work address, home address, work telephone number and home telephone number of each witness or any other person who has any knowledge concerning the subject matter of this lawsuit. 19. State the precise names, home addresses and home telephone numbers and work addresses and work telephone numbers and any other information sufficient for the location of all persons known to you, your agents or attorneys, who were or purport to have been eye-witnesses to the accident here involved. 20. State the names, home addresses and home telephone numbers, work addresses and work telephone numbers and any other information sufficient for the location of all other persons not mentioned above who are believed or known to have knowledge of facts relevant to this lawsuit. 21. Please give the names, addresses and telephone numbers of any persons whose testimony the Defendant(s) may present at trial, whose identities have not previously been disclosed to the Plaintiff(s) by the Defendant(s). 22. Please identify each case in which each of your retained experts’ company, corporation, partnership, practice or similar related entity or any of its employees, partners or agents other than the retained expert him or herself has testified as an expert witness by deposition during the preceding three (3) years for your insurance company(s) (including its related companies) or its insureds. 23. Please identify each case in which each of your retained experts’ company, corporation, partnership, practice or similar related entity or any of its employees, partners or agents other than the retained expert him or herself, has testified as an expert witness in trial during the preceding three (3) years for your insurance company(s) (including its related companies) or its insureds. 24. For the preceding three (3) years, how many litigation cases have each of your retained experts’ company, corporation, partnership, practice or similar related entity or any of its employees, partners or agents other than the retained expert him or herself performed analysis and rendered opinions for your insurance company(s) (including its related companies) or its insureds. 25. Are you aware of any incident other than the accident that is the subject of this litigation in which the plaintiff was or might have been injured? If yes, please state the nature, date(s) and place(s) ofall such incidents, the injuries allegedly sustained therein, the names and addresses of all witnesses with any knowledge concerning each such incident, and describe with particularity any and all records, documents or things in your possession or control that relate or refer to each such incident. 26. If your Answers to Interrogatories served in the past have changed, please identify the date and number of the interrogatory and state the up-to-date answer to same. STATE OF FLORIDA COUNTY OF BEFORE ME, the undersigned authority, personally appeared , who, is personally known to be or who has produced the following government-issued identification and who being duly sworn, deposes and says that the Answers to the Interrogatories attached hereto are true to the best of his/her knowledge, information and belief. Subscribed and sworn to before me this day of 2019, by NOTARY PUBLIC - State of Florida (Print, type or stamp commissioned name of Notary Public) Personally known __ or produced identification _ Type of identification produced: