Preview
Filing # 136152575 E-Filed 10/07/2021 05:59:58 PM
IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT
IN AND FOR ORANGE COUNTY, FLORIDA
CIVIL DIVISION
FRANCES BARONE & GABRIEL BARONE,
Plaintiffs,
vs. CASE NO. 2017 CA 003882-0
ASHFORD TRS WQ LLC, a foreign limited
liability company d/b/a WORLD QUEST
RESORT a/k/a WORLDQUEST ORLANDO
RESORT, ASHFORD WQ LICENSEE, LLC,
a foreign limited liability company,
ASHFORD TRS CORPORATION, a foreign
profit corporation, WQ HOTEL
MANAGEMENT LLC, a foreign limited
liability company, WORLDQUEST RESORT
CONDOMINIUM ASSOCIATION, INC., a
Florida not for profit corporation
Defendants,
WORLDQUEST RESORT CONDOMINIUM
ASSOCIATION, INC., a Florida not for profit
corporation,
Cross-Plaintiff,
VS.
WQ HOTEL MANAGEMENT LLC,
A foreign limited liability company,
Cross-Defendant.
PLAINTIFF'S PRELIMINARY WITNESS AND EXHIBIT LIST
Plaintiff, FRANCES BARONE and GABRIEL BARONE, by and through their undersigned
counsel, and in compliance with the Uniform Order Setting Case for Jury Trial; Pre-Trial Conference
and Requiring Pre-Trial Matters to be Completed dated July 17, 2020 and the Court's Pre-Trial
Procedures and Protocol for Jury Trials, hereby gives Notice to the Defendant in this action of the
01912976-1
proposed witnesses to be called and exhibits to be introduced at the trial of this matter.
WITNESS LIST
Witness: Subject Matter:
1. Frances Barone All areas of claim; liability;
6138 Rockross Ave. Treatment received; injury;
New Port Richey, FL 34355-3715 damages; losses before and
after; witness to incident;
knowledge concerning pre-and
Post-injury physical condition.
2. Gabriel Barone All areas of claim; liability;
6138 Rockross Ave. Treatment received; injury;
New Port Richey, FL 34355-3715 damages; losses before and
after; witness to incident;
knowledge concerning pre-and
post-injury physical condition
3. Frances M. Barone All areas of claim; treatment
6138 Rockross Ave. received; injury; damages;
New Port Richey, FL 34355-3715 losses before and after;
knowledge concerning pre-and
post-injury physical condition
4. Any and all treating providers Medical treatment provided;
AdventHealth Celebration reasonableness & medical
400 Celebration Place necessity of treatment;
Celebration, FL 34747 provided, causation; damages;
treating physician.
5. Any and all treating providers Medical treatment provided;
Holiday Medical Associates reasonableness & medical
4642 Darlington Road necessity of treatment;
Holiday, FL 34690 provided, causation; damages;
treating physician.
6. Any and all treating providers Medical treatment provided;
Florida Joint Care reasonableness & medical
2165 Little Road necessity of treatment;
Trinity, FL 34655 provided, causation; damages;
treating physician.
7. Any and all treating providers Medical treatment provided;
Radiology Associates West Pasco reasonableness & medical
5539 Marine Parkway necessity of treatment;
New Port Richey, FL 34652 provided, causation; damages;
treating physician.
01912976-1
Witness: Subject Matter:
8. Any and all treating providers Medical treatment provided;
Center for Bone & Joint Disease reasonableness & medical
16506 Pointe Village Drive, Suite 109 necessity of treatment;
Lutz, FL 33558 provided, causation; damages;
treating physician.
9. Christopher Linberg, MD Medical treatment provided;
Center for Bone & Joint Disease reasonableness & medical
16506 Pointe Village Drive, Suite 109 necessity of treatment;
Lutz,.FL 33558 provided, causation; damages;
treating physician.
10. Any and all treating providers Medical treatment provided;
Longleaf Surgery Center, LLC reasonableness & medical
3010 Starkey Blvd. necessity of treatment;
New Port Richey, FL 34655 provided, causation; damages;
treating physician.
11. Any and all treating providers Medical treatment provided;
Doctors Urgent Care reasonableness & medical
2404 US Highway 19 necessity of treatment;
Holiday, FL 34691 provided, causation; damages;
treating physician.
12. Any and all treating providers Medical treatment provided;
Medical Center of Trinity reasonableness & medical
9330 State Road 54 necessity of treatment;
Trinity, FL 34655 provided, causation; damages;
treating physician.
13. Any and all treating providers Medical treatment provided;
New Port Richey Surgery Center reasonableness & medical
9332 State Road 54, Suite 100 necessity of treatment;
Trinity, FL 34655 provided, causation; damages;
treating physician.
14. Daniel Hartwig, CSP, CIH Plaintiff Expert Witness;
General Health & Safety Services, Corp. premise safety/human factors
53 Rotterdam Dr. expert. Mr. Hartwig is
Punta Gorda, FL 33950 expected to testify
(941) 621-2535 with regarding to hi review
and evaluation of the
testimony describing the
subject hazardous condition,
his opinions regarding the
Plaintiff s reasonable
expectation that her path to
her vehicle would be hazard
free, his review of the
depositions and discovery in
01412476-1
this case and his opinions
regarding the lack of proper
safety protocols in place to
prevent the accident that is
the subject of the current
litigation. Mr. Hartwig may
be called to provide rebuttal
testimony to the testimony of
Defendant's appointed experts
of the same or related
specialty.
RECORD CUSTODIANS / APPROPRIATE REPRESENTATIVES
15. Records Custodian for: Authentication
AdventHealth Celebration
400 Celebration Place
Celebration, FL 34747
16. Records Custodian for: Authentication
Holiday Medical Associates
4642 Darlington Road
Holiday, FL 34690
17. Records Custodian for: Authentication
Florida Joint Care
2165 Little Road
Trinity, FL 34655
18. Records Custodian for: Authentication
Radiology Associates West Pasco
5539 Marine Parkway
New Port Richey, FL 34652
19. Records Custodian for: Authentication
Center for Bone & Joint Disease
16506 Pointe Village Drive, Suite 109
Lutz, FL 33558
20. Records Custodian for: Authentication
Longleaf Surgery Center, LLC
3010 Starkey Blvd.
New Port Richey, FL 34655
21. Records Custodian for: Authentication
Doctors Urgent Care
2404 US Highway 19
Holiday, FL 34691
01912976-1
RECORD CUSTODIANS / APPROPRIATE REPRESENTATIVES
22. Records Custodian for: Authentication
Medical Center of Trinity
9330 State Road 54
Trinity, FL 34655
23. Records Custodian for: Authentication
New Port Richey Surgery Center
9332 State Road 54, Suite 100
Trinity, FL 34655
24. Records Custodian for: Authentication
Equian o/b/o Well Med Medical Management
26555 Evergreen Rd., Suite 200
Southfield, MI 48076
25. Records Custodian for: Authentication
P.O. Box 138897
Oklahoma City, OK 73113
26. Plaintiff reserves the right to call any and all witnesses, experts, or CME physicians which
Defendant has listed at any time.
27. Any and all witnesses listed by the Defendants in their original or any supplemental list
of witnesses.
28. Any and allother physicians, nurses, physical therapists, or other mental health or health care
providers who have examined or treated Plaintiff, Frances Barone, or have been consulted
by or on behalf of the Plaintiff, Frances Barone, from the time period beginning five years
prior to the incident which is the subject of this lawsuit and extending until date of trial of
this matter.
29. Any and all witnesses mentioned in discovery listed called Defendant.
or or by the
30. Plaintiff reserves the right to list additional witnesses with immediate notice to Defendant.
31. Appropriate records custodians of all potential evidence listed in any Pretrial Statement
and/or Witness List filed in this cause.
32. Rebuttal witnesses as necessary.
33. Note: All healthcare providers listed will be called upon to testify concerning medical
charges, payments and the reasonableness and necessity of the medical care.
34. Other treating healthcare providers not specifically retained by Plaintiff, to serve as expert
witnesses, but who may be called to render opinions in their areas of treatment and their
expertise within those areas.
35. Plaintiff reserves the right to add, amend and/or supplement this Witness List, as necessary,
with immediate notice to Defendant if additional information is disclosed and/or otherwise
01412976-1
becomes known or available.
PLAINTIFF'S EXHIBIT LIST
Plaintiff, Frances Barone, by and through undersigned counsel, and in compliance with the
Uniform Order Setting Case for Jury Trial; Pre-Trial Conference and Requiring Pre-Trial Matters
to be Completed dated July 17, 2020 and the Court's Pre-Trial Procedures and Protocol for Jury
Trials, hereby gives notice of the Exhibits to be introduced at the trial in this matter.
EXHIBITS
1. Any and all medical records, reports, and/or medical charts of treating and/or
examining physicians who examined and/or treated the Plaintiff, Frances Barone.
2. Current U.S. Mortality Tables.
3. Any and all x-rays, MRIs and any other diagnostic tests and/or results relative to the
Plaintiff, Frances Barone.
4. Any and all pleadings.
5. Any and all depositions, Interrogatories and Answers to Interrogatories, including any
attachments and/or exhibits thereto.
6. Any and all documents and/or exhibits attached to any pleadings herein.
7. Medical billings of Plaintiff, Frances Barone, and/or Medical Billing Chronology.
8. Any and all documentation setting forth any balances and/or healthcare liens, or
healthcare insurance liens owed by the Plaintiff.
9. Any and all applicable statutes or ordinances.
10. Demonstrative aids and evidence.
11. Treatise, textbooks and manuals.
12. Any and all exhibits listed by Defendant.
13. Any and all exhibits to depositions taken relative to this cause.
14. Plaintiff s relevant health insurance policies, including any correspondence
evidencing any subrogation liens.
15. Resume and C.V. of Plaintiff s expert witness(es) and/or treating physicians.
16. Receipts/checks for related expenses.
01912976-1
17. Itemization, bills, receipts and chronology of Plaintiff s out of pocket expenses.
18. All items relied upon by Plaintiff s expert witness(es).
19. Any and 111witnesses mentioned in discovery or listed or called by the Defendant
20. Appropriate records custodians of all potential evidence listed in any Pretrial
Statement and/or Witness List filed in this cause.
21. Any and all billing documentation which will serve to support Plaintiff s medical
costs, including future related medical expenses/costs, including, but not limited to,
surgical expenses, anesthesiology, etc.
22. Rebuttal witnesses as necessary.
23. Plaintiff reserves the right to use charts, diagrams and exemplars at the time of trial
in this action.
24. Plaintiff reserves the right to update this exhibit listwith reasonable notice given
to the Defendant.
CERTIFICATE OF SERVICE
IHEREBY CERTIFY that a true and correct copy of the foregoing was filed with the Clerk
via the Florida Courts e-Filing Portal and provided via eservice to: William G. Smoak, Esq., and
Carla M. Sabbagh, Esq., Smoak Trial Lawyers, 320 West Kennedy Blvd., 4th Floor, Tampa, FL
33606, Attorneys for Defendants, Ashford TRS WQ LLC, d/b/a World Quest Resort a/k/a
Worldquest Orlando Resort, Ashford WQ Licensee, LLC, Ashford TRS Corporation and WQ Hotel
Management LLC, courtdocuments@smoaktriallawyers.corn and csabbagh@srnoaktrial I
awyers.corn,
and Brian W. Bennett, Esq. and Brett A. Marlowe, Esq., Bennett Legal Group, P.A., 214 South
Lucerne Circle East, Suite 201, Orlando, FL 32801, Attorneys for Defendant, Worldquest Resort
Condominium Association, Inc., brian@bennettlegalgroup.com, brett abennettlegal group.corn,
bonnie@bennettlegalgroup.com, jordan@bennettlegalgroup.com, this day of Oa", 2021.
ICARD, MERRILL, CULLIS, TIMM,
FUREN & GINSBURG, P.A.
2033 Main Street, Suite 600
Postal Drawer 4195
Sarasota, Florida 34237
(941) 366 8100 Phone
(941) 366 6384 Fax
01412476-1
/s/ Anthony J. Manganiello
ANTHONY J. MANGANIELLO, III, ESQ.
Florida Bar No. 0052307
Attorneys for Plaintiffs
amanganiello@icardmerrill.com
rgrek@icardmerrill.com
01912976-1
Preview
Filing # 136152575 E-Filed 10/07/2021 05:59:58 PM IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR ORANGE COUNTY, FLORIDA CIVIL DIVISION FRANCES BARONE & GABRIEL BARONE, Plaintiffs, vs. CASE NO. 2017 CA 003882-0 ASHFORD TRS WQ LLC, a foreign limited liability company d/b/a WORLD QUEST RESORT a/k/a WORLDQUEST ORLANDO RESORT, ASHFORD WQ LICENSEE, LLC, a foreign limited liability company, ASHFORD TRS CORPORATION, a foreign profit corporation, WQ HOTEL MANAGEMENT LLC, a foreign limited liability company, WORLDQUEST RESORT CONDOMINIUM ASSOCIATION, INC., a Florida not for profit corporation Defendants, WORLDQUEST RESORT CONDOMINIUM ASSOCIATION, INC., a Florida not for profit corporation, Cross-Plaintiff, VS. WQ HOTEL MANAGEMENT LLC, A foreign limited liability company, Cross-Defendant. PLAINTIFF'S PRELIMINARY WITNESS AND EXHIBIT LIST Plaintiff, FRANCES BARONE and GABRIEL BARONE, by and through their undersigned counsel, and in compliance with the Uniform Order Setting Case for Jury Trial; Pre-Trial Conference and Requiring Pre-Trial Matters to be Completed dated July 17, 2020 and the Court's Pre-Trial Procedures and Protocol for Jury Trials, hereby gives Notice to the Defendant in this action of the 01912976-1 proposed witnesses to be called and exhibits to be introduced at the trial of this matter. WITNESS LIST Witness: Subject Matter: 1. Frances Barone All areas of claim; liability; 6138 Rockross Ave. Treatment received; injury; New Port Richey, FL 34355-3715 damages; losses before and after; witness to incident; knowledge concerning pre-and Post-injury physical condition. 2. Gabriel Barone All areas of claim; liability; 6138 Rockross Ave. Treatment received; injury; New Port Richey, FL 34355-3715 damages; losses before and after; witness to incident; knowledge concerning pre-and post-injury physical condition 3. Frances M. Barone All areas of claim; treatment 6138 Rockross Ave. received; injury; damages; New Port Richey, FL 34355-3715 losses before and after; knowledge concerning pre-and post-injury physical condition 4. Any and all treating providers Medical treatment provided; AdventHealth Celebration reasonableness & medical 400 Celebration Place necessity of treatment; Celebration, FL 34747 provided, causation; damages; treating physician. 5. Any and all treating providers Medical treatment provided; Holiday Medical Associates reasonableness & medical 4642 Darlington Road necessity of treatment; Holiday, FL 34690 provided, causation; damages; treating physician. 6. Any and all treating providers Medical treatment provided; Florida Joint Care reasonableness & medical 2165 Little Road necessity of treatment; Trinity, FL 34655 provided, causation; damages; treating physician. 7. Any and all treating providers Medical treatment provided; Radiology Associates West Pasco reasonableness & medical 5539 Marine Parkway necessity of treatment; New Port Richey, FL 34652 provided, causation; damages; treating physician. 01912976-1 Witness: Subject Matter: 8. Any and all treating providers Medical treatment provided; Center for Bone & Joint Disease reasonableness & medical 16506 Pointe Village Drive, Suite 109 necessity of treatment; Lutz, FL 33558 provided, causation; damages; treating physician. 9. Christopher Linberg, MD Medical treatment provided; Center for Bone & Joint Disease reasonableness & medical 16506 Pointe Village Drive, Suite 109 necessity of treatment; Lutz,.FL 33558 provided, causation; damages; treating physician. 10. Any and all treating providers Medical treatment provided; Longleaf Surgery Center, LLC reasonableness & medical 3010 Starkey Blvd. necessity of treatment; New Port Richey, FL 34655 provided, causation; damages; treating physician. 11. Any and all treating providers Medical treatment provided; Doctors Urgent Care reasonableness & medical 2404 US Highway 19 necessity of treatment; Holiday, FL 34691 provided, causation; damages; treating physician. 12. Any and all treating providers Medical treatment provided; Medical Center of Trinity reasonableness & medical 9330 State Road 54 necessity of treatment; Trinity, FL 34655 provided, causation; damages; treating physician. 13. Any and all treating providers Medical treatment provided; New Port Richey Surgery Center reasonableness & medical 9332 State Road 54, Suite 100 necessity of treatment; Trinity, FL 34655 provided, causation; damages; treating physician. 14. Daniel Hartwig, CSP, CIH Plaintiff Expert Witness; General Health & Safety Services, Corp. premise safety/human factors 53 Rotterdam Dr. expert. Mr. Hartwig is Punta Gorda, FL 33950 expected to testify (941) 621-2535 with regarding to hi review and evaluation of the testimony describing the subject hazardous condition, his opinions regarding the Plaintiff s reasonable expectation that her path to her vehicle would be hazard free, his review of the depositions and discovery in 01412476-1 this case and his opinions regarding the lack of proper safety protocols in place to prevent the accident that is the subject of the current litigation. Mr. Hartwig may be called to provide rebuttal testimony to the testimony of Defendant's appointed experts of the same or related specialty. RECORD CUSTODIANS / APPROPRIATE REPRESENTATIVES 15. Records Custodian for: Authentication AdventHealth Celebration 400 Celebration Place Celebration, FL 34747 16. Records Custodian for: Authentication Holiday Medical Associates 4642 Darlington Road Holiday, FL 34690 17. Records Custodian for: Authentication Florida Joint Care 2165 Little Road Trinity, FL 34655 18. Records Custodian for: Authentication Radiology Associates West Pasco 5539 Marine Parkway New Port Richey, FL 34652 19. Records Custodian for: Authentication Center for Bone & Joint Disease 16506 Pointe Village Drive, Suite 109 Lutz, FL 33558 20. Records Custodian for: Authentication Longleaf Surgery Center, LLC 3010 Starkey Blvd. New Port Richey, FL 34655 21. Records Custodian for: Authentication Doctors Urgent Care 2404 US Highway 19 Holiday, FL 34691 01912976-1 RECORD CUSTODIANS / APPROPRIATE REPRESENTATIVES 22. Records Custodian for: Authentication Medical Center of Trinity 9330 State Road 54 Trinity, FL 34655 23. Records Custodian for: Authentication New Port Richey Surgery Center 9332 State Road 54, Suite 100 Trinity, FL 34655 24. Records Custodian for: Authentication Equian o/b/o Well Med Medical Management 26555 Evergreen Rd., Suite 200 Southfield, MI 48076 25. Records Custodian for: Authentication P.O. Box 138897 Oklahoma City, OK 73113 26. Plaintiff reserves the right to call any and all witnesses, experts, or CME physicians which Defendant has listed at any time. 27. Any and all witnesses listed by the Defendants in their original or any supplemental list of witnesses. 28. Any and allother physicians, nurses, physical therapists, or other mental health or health care providers who have examined or treated Plaintiff, Frances Barone, or have been consulted by or on behalf of the Plaintiff, Frances Barone, from the time period beginning five years prior to the incident which is the subject of this lawsuit and extending until date of trial of this matter. 29. Any and all witnesses mentioned in discovery listed called Defendant. or or by the 30. Plaintiff reserves the right to list additional witnesses with immediate notice to Defendant. 31. Appropriate records custodians of all potential evidence listed in any Pretrial Statement and/or Witness List filed in this cause. 32. Rebuttal witnesses as necessary. 33. Note: All healthcare providers listed will be called upon to testify concerning medical charges, payments and the reasonableness and necessity of the medical care. 34. Other treating healthcare providers not specifically retained by Plaintiff, to serve as expert witnesses, but who may be called to render opinions in their areas of treatment and their expertise within those areas. 35. Plaintiff reserves the right to add, amend and/or supplement this Witness List, as necessary, with immediate notice to Defendant if additional information is disclosed and/or otherwise 01412976-1 becomes known or available. PLAINTIFF'S EXHIBIT LIST Plaintiff, Frances Barone, by and through undersigned counsel, and in compliance with the Uniform Order Setting Case for Jury Trial; Pre-Trial Conference and Requiring Pre-Trial Matters to be Completed dated July 17, 2020 and the Court's Pre-Trial Procedures and Protocol for Jury Trials, hereby gives notice of the Exhibits to be introduced at the trial in this matter. EXHIBITS 1. Any and all medical records, reports, and/or medical charts of treating and/or examining physicians who examined and/or treated the Plaintiff, Frances Barone. 2. Current U.S. Mortality Tables. 3. Any and all x-rays, MRIs and any other diagnostic tests and/or results relative to the Plaintiff, Frances Barone. 4. Any and all pleadings. 5. Any and all depositions, Interrogatories and Answers to Interrogatories, including any attachments and/or exhibits thereto. 6. Any and all documents and/or exhibits attached to any pleadings herein. 7. Medical billings of Plaintiff, Frances Barone, and/or Medical Billing Chronology. 8. Any and all documentation setting forth any balances and/or healthcare liens, or healthcare insurance liens owed by the Plaintiff. 9. Any and all applicable statutes or ordinances. 10. Demonstrative aids and evidence. 11. Treatise, textbooks and manuals. 12. Any and all exhibits listed by Defendant. 13. Any and all exhibits to depositions taken relative to this cause. 14. Plaintiff s relevant health insurance policies, including any correspondence evidencing any subrogation liens. 15. Resume and C.V. of Plaintiff s expert witness(es) and/or treating physicians. 16. Receipts/checks for related expenses. 01912976-1 17. Itemization, bills, receipts and chronology of Plaintiff s out of pocket expenses. 18. All items relied upon by Plaintiff s expert witness(es). 19. Any and 111witnesses mentioned in discovery or listed or called by the Defendant 20. Appropriate records custodians of all potential evidence listed in any Pretrial Statement and/or Witness List filed in this cause. 21. Any and all billing documentation which will serve to support Plaintiff s medical costs, including future related medical expenses/costs, including, but not limited to, surgical expenses, anesthesiology, etc. 22. Rebuttal witnesses as necessary. 23. Plaintiff reserves the right to use charts, diagrams and exemplars at the time of trial in this action. 24. Plaintiff reserves the right to update this exhibit listwith reasonable notice given to the Defendant. CERTIFICATE OF SERVICE IHEREBY CERTIFY that a true and correct copy of the foregoing was filed with the Clerk via the Florida Courts e-Filing Portal and provided via eservice to: William G. Smoak, Esq., and Carla M. Sabbagh, Esq., Smoak Trial Lawyers, 320 West Kennedy Blvd., 4th Floor, Tampa, FL 33606, Attorneys for Defendants, Ashford TRS WQ LLC, d/b/a World Quest Resort a/k/a Worldquest Orlando Resort, Ashford WQ Licensee, LLC, Ashford TRS Corporation and WQ Hotel Management LLC, courtdocuments@smoaktriallawyers.corn and csabbagh@srnoaktrial I awyers.corn, and Brian W. Bennett, Esq. and Brett A. Marlowe, Esq., Bennett Legal Group, P.A., 214 South Lucerne Circle East, Suite 201, Orlando, FL 32801, Attorneys for Defendant, Worldquest Resort Condominium Association, Inc., brian@bennettlegalgroup.com, brett abennettlegal group.corn, bonnie@bennettlegalgroup.com, jordan@bennettlegalgroup.com, this day of Oa", 2021. ICARD, MERRILL, CULLIS, TIMM, FUREN & GINSBURG, P.A. 2033 Main Street, Suite 600 Postal Drawer 4195 Sarasota, Florida 34237 (941) 366 8100 Phone (941) 366 6384 Fax 01412476-1 /s/ Anthony J. Manganiello ANTHONY J. MANGANIELLO, III, ESQ. Florida Bar No. 0052307 Attorneys for Plaintiffs amanganiello@icardmerrill.com rgrek@icardmerrill.com 01912976-1