Preview
Filing # 182061695 E-Filed 09/18/2023 04:10:49 PM
IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT
IN AND FOR OSCEOLA COUNTY, FLORIDA
CASE NO: 2019 CA 1939 ON
ZASKIA MERCADO,
Plaintiff,
vs.
CHEDDAR'S CASUAL CAFE, INC.,
Defendant.
/
JOINT PRETRIAL STATEMENT
COMES NOW the Plaintiff, ZASKIA MERCADO, by and through the undersigned
counsel and in compliance with this Honorable Court’s August 24, 2022, Uniform Order Setting
Case For Jury Trial and Pre-Trial Conference and Requiring Pre-Trial Matters to be Completed,
more specifically paragraph 6(b) therein, and provide the following:
1 Statement Of Case:
This is premises liability action wherein Plaintiff, ZASKIA MERCADO alleges that on June 2,
2017, Defendant, CHEDDAR'S CASUAL CAFE, INC., was negligent in the maintenance of the
subject premises and this negligence caused Plaintiff, ZASKIA MERCADO, alleges she slipped
on an alleged liquid/greasy like substance at the Cheddar’s Scratch Kitchen located at 875 W.
Osceola Parkway, Kissimmee, FL 34741.
Defendant, CHEDDAR'S CASUAL CAFE, INC, denies this claim and affirmatively
asserts that it did not have actual and/or constructive notice of the alleged dangerous
condition prior to the subject incident. Additionally, Defendant, CHEDDAR'S CASUAL
CAFE, INC., affirmatively asserts that Plaintiff, ZASKIA MERCADO, was herself
negligent in the manner in which she conducted herself and that she failed to observe her
surroundings, and that the alleged injuries alleged by Plaintiff, ZASKIA MERCADO, were
not caused by the June 2, 2017 incident described in Plaintiff's Complaint.
2 Statement of the facts, which are admitted, and may be read in evidence at trial, as
a stipulation of counsel.
Plaintiff, ZASKIA MERCADO, was a business invitee of Cheddar’s Scratch
Kitchen located at 875 W. Osceola Parkway, Kissimmee, Florida 34741 on June 2, 2017.
Issues of facts to be tried:
(a) What is the amount of the past medical bills?
(b) What is the amount of the future medical expenses?
(c) Did Plaintiff sustain a permanent injury in the accident at issue?
(d) What is the amount of general damages that will compensate Plaintiff for past pain
and suffering?
(e) What is the amount of general damages that will compensate Plaintiff for future
pain and suffering?
4 Issues of law, procedure, or evidence to be determined by the Court prior to, or
during trial.
1 General principles of negligence
ii. Florida Rules of Civil Procedure
iii. Florida Evidence Code
Annotated Copies of Plaintiff's Witness and Exhibit Lists:
Plaintiff's Exhibits and Evidence Schedule is annexed hereto as Exhibit “A”.
Plaintiff's Witness List is annexed hereto as Exhibit “A”.
Annotated Copies of Defendant’s Witness lists:
Defendant’s Exhibits and Evidence Schedule is annexed hereto as Exhibit “B”.
Defendant’s Witness List is annexed hereto as Exhibit “B”.
The number of peremptory challenges agreed upon or requested.
Each party shall have three (3) peremptory challenges.
A current estimate of the number of days required for trial.
Plaintiff estimates 5 days for trial.
A specification of the damages claimed by each party.
Plaintiff is seeking compensation for her injuries as a result of this accident, past
medicals, future medicals, past pain and suffering and future pain and suffering.
10. Announcement of the name of the particular member or associate who will try the
case.
For Plaintiff: Manuel F. Stefan, Esquire and trial partner
For Defendant: Kurt Spengler, Esquire and Melissa Woodward, Esquire
No change of such designated trial counsel shall be made without leave of the
Court, if such change will interfere with the trial schedule.
11. List of all outstanding motion(s) and date/time of the hearing(s) or statement
whether each motion(s) is/are waived/withdrawn/moot.
a. Plaintiff's Omnibus Motion in Limine
b. Plaintiff's Motion to Strike Defendant’s Expert Witness List & Witness and Exhibit
List
Plaintiff's Motion to Compel Better Responses to Request to Produce
Plaintiff's Motion to Compel Deposition of the Defendant’s Corporate
Representative
Defendant’s Motion for Summary Judgment
Defendant’s Motion for Protective Order regarding the unilateral scheduling of the
September 19, 2023 deposition which is beyond the discovery August 29, 2023 cut-
off
12. Any other matters agreed to by counsel or which need to be addressed by the Court
at pre-trial conference.
a) The parties agree to stipulate and waive records custodians for all exhibits,
records, video or photographs identified in Plaintiff's and Defendant’s Witness
and Exhibit Lists and waive authentication requirements thereto for the purpose
of admission into evidence of medical records and bills and agree to use copies
in lieu of originals. The parties waive the appearance of records custodians at
trial.
b) Experts and treating physicians may be called out of turn.
c) Copies of original documents may be introduced in lieu of originals.
qd) The use of Records Custodians to authenticate and identify records and bills
shall not be necessary. Objections are reserved as to admissibility of hearsay
opinions expressed within the records.
e) X-rays and MRI films of the Plaintiff may be used by either side without the
testimony of the radiologist or technician, provided they are identified by a
physician.
Anatomical charts and skeletal devices, provided there is no other basis for
objection, may be used at trial if a qualified witness testifies that they will assist
in presenting the witness’s testimony.
g) A mortality table published in Florida Statutes, Florida Statutes Annotated or
by the U.S. Department of Health and Human Services may be used, if
applicable.
h) Photographs and video can be used by both sides, the testimony of the
photographer/videographer will not be required for entry of photographs into
evidence.
i) Objections to relevancy preserved; and
d Any collateral source setoffs to be determined and addressed post-trial.
DATED: September 18, 2023
/s/Manuel Stefan /s/Kurt Spengler
Manuel F. Stefan, Esquire Kurt Spengler, Esquire
FBN: 0103389 FBN: 717665
Morgan & Morgan, P.A. Wicker Smith O'Hara McCoy & Ford, P.A
4495 S. Semoran Avenue. 390 N. Orange Ave., Suite 1000
Orlando, FL 32822 Orlando FL 32801
Phone: 407-452-6982 Phone: (407) 843-3939
Facsimile: 407-572-0124 Facsimile: (407) 649-8118
Primary email: mstefan@forthepeople.com Primary email: MWoodward@wickersmith.com
Secondary email: cvictor@forthepeople.com Secondary email: PNorris@wickersmith.com
Attorneys for Plaintiff Attorneys for Defendant
EXHIBITS
Filing # 127963904 E-Filed 06/02/2021 03:03:17 PM
IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT
IN AND FOR OSCEOLA COUNTY, FLORIDA
CASE NO: 2019 CA 001939 ON
HON. ROBERT J. EGAN
ZASKIA MERCADO,
Plaintiff,
vs.
CHEDDAR'S CASUAL CAFE, INC.,
Defendant.
/
PLAINTIFF'S DISCLOSURE OF EXPERT WITNESSES
COMES NOW the Plaintiff, ZASKIA MERCADO, by and through the undersigned
counsel and in compliance with this Honorable Court's December]8, 2020, Uniform Order Setting
Case For Jury Trial And Pre-Trial Conference And Requiring Pre-Trial Matters To Be Completed,
more specifically paragraph 9(a) therein, and provides the following disclosure of expert witnesses
anticipated to testify at the trial of this action:
RETAINED EXPERT
1 Julianne Frain, Ph.D., C.R.C., ABVE/D
Rehab Pro Assessment and Consultation
1752 SW Crane Creek Circle
Palm City, FL 34990
(904) 210-7335
Dr. Frain is a Vocational Rehabilitation Consultant and is expected to testify as to her
consultation of the Plaintiff, the Plaintiff's vocational rehabilitation losses and her life care
plan for the costs, frequency and duration through Plaintiff's life expectancy. Dr. Frain’s
Life Care Plan, fee schedule and testifying history are provided herewith.
TREATING PHYSICIANS/MEDICAL PROVIDERS
Adventhealth Kissimmee
Luis Campis Vazquez, M.D.
EN
\ \
2450 N. orange Blossom Trail
Kissimmee, FL 34744
(407) 846-4343
Testifying Subject: Plaintiff's treating physician, Dr. Luis Campis Vazquez is a treating
physician of the Plaintiff. Dr. Campis Vazquez treated Plaintiff in the emergency room of
Adventhealth Kissimmee following the June 2, 2017 slip and fall incident and is expected
to testify as to the nature, cause and extent of Plaintiff's sustained injuries and the
reasonableness and necessity of the medical treatment received by the Plaintiff,
causation, permanency and future medical care and costs, inclusive of the reasonableness
and customary nature of the charges of the medical treatment and future care needs. Dr.
Campis Vazquez’s opinions on medical causation will be based upon his training,
education, experience, basing his medical opinion on the medical condition of the
Plaintiff based on the medical treatment and care he provided to the Plaintiff, the testing
and diagnosis testing and/or procedures used by him and related matters contained within
his reports, and his diagnosis of Plaintiff's injuries. Dr. Campis Vazquez will further
testify the prognosis is that Plaintiff suffered a permanent injury disability within a
reasonable degree of medical probability as a result of the June 2, 2017 slip and fall
incident.
Orthopaedic & Spine Associates
Dr. Carlos Ramirez-Blessing, D.O.
435 W. Oak Street
Kissimmee, FL 34741
(407) 530-4734
Testifying Subject: Plaintiff's treating physician, Dr. Carlos Ramirez-Blessing is a treating
physician of the Plaintiff and Doctorate of Osteopathic Medicine, Board Certified in family
medicine. Dr. Ramirez-Blessing treated Plaintiff following the June 2, 2017 slip and fall
incident and is expected to testify as to the nature, cause and extent of Plaintiff's
sustained injuries and the reasonableness and necessity of the medical treatment received
by the Plaintiff, causation, permanency and future medical care and costs, inclusive of the
reasonableness and customary nature of the charges of the medical treatment and future care
needs. Dr. Ramirez-Blessing’s’ opinions on medical causation will be based upon his
training, education, experience, basing his medical opinion on the medical condition of
the Plaintiff based on the medical treatment and care he provided to the Plaintiff, the
testing and diagnosis testing and/or procedures used by him and related matters contained
within his reports, and his diagnosis of Plaintiff's injuries. Dr. Ramirez-Blessing will
further testify the prognosis is that Plaintiff suffered a permanent injury disability within
a reasonable degree of medical probability as a result of the June 2, 2017 slip and fall
incident.
A copy of Dr. Ramirez-Blessing’s medical records regarding his treatment of the Plaintiff
have been furnished to counsel. Dr. Ramirez-Blessing’s CV is being provided to defense
counsel under separate cover, as required by Florida Rules of Civil Procedure.
3. Advanced Diagnostic Group
Chintan Desai, MD
56 W. Oak Street
Kissimmee, FL 34741
(407) 344-9899
Testifying Subject: Plaintiff's treating physician, Dr. Chintan Desai is a treating physician
of the Plaintiff and a diagnostic radiology specialist Diplomat of the American Board of
Radiology. Dr. Desai treated Plaintiff following the June 2, 2017 slip and fall incident and
is expected to testify as to the nature, cause and extent of Plaintiff's sustained injuries and
the reasonableness and necessity of the medical treatment received by the Plaintiff,
causation, permanency and future medical care and costs, inclusive of the reasonableness
and customary nature of the charges of the medical treatment and future care needs. Dr.
Desai’s opinions on medical causation will be based upon his training, education,
experience, basing his medical opinion on the medical condition of the Plaintiff based on
the medical treatment and care he provided to the Plaintiff, the testing and diagnosis
testing and/or procedures used by him and related matters contained within his reports,
and his diagnosis of Plaintiff's injuries. Dr. Desai will further testify the prognosis is that
Plaintiff suffered a permanent injury disability within a reasonable degree of medical
probability as a result of the June 2, 2017 slip and fall incident.
A copy of Dr. Desai’s medical records regarding his treatment of the Plaintiff have been
furnished to counsel. Dr. Desai’s CV is being provided to defense counsel under separate
cover, as required by Florida Rules of Civil Procedure.
Associates MD
Steve Cimerberg, D.O.
814 N. John Young Parkway
Kissimmee, FL 34741
(954) 640-8993
Testifying Subject: Plaintiff's treating physician, Dr. Steve Cimerberg is a treating
physician of the Plaintiff, specializing in Family Medicine. Dr. Cimerberg treated Plaintiff
following the June 2, 2017 slip and fall incident and is expected to testify as to the nature,
cause and extent of Plaintiff's sustained injuries and the reasonableness and necessity of
the medical treatment received by the Plaintiff, causation, permanency and future medical
care and costs, inclusive of the reasonableness and customary nature of the charges of the
medical treatment and future care needs. Dr. Cimerberg’s opinions on medical causation
will be based upon his training, education, experience, basing his medical opinion on the
medical condition of the Plaintiff based on the medical treatment and care he provided to
the Plaintiff, the testing and diagnosis testing and/or procedures used by him and related
matters contained within his reports, and his diagnosis of Plaintiff's injuries. Dr.
Cimerberg will further testify the prognosis is that Plaintiff suffered a permanent injury
disability within a reasonable degree of medical probability as a result of the June 2, 2017
slip and fall incident.
A copy of Dr. Cimerberg’s medical records regarding his treatment of the Plaintiff have
been furnished to counsel. Dr. Cimerberg’s CV is being provided to defense counsel under
separate cover, as required by Florida Rules of Civil Procedure.
Central Palm Beach Surgery Center
Aaron Smith, D.O.
2047 Palm Beach Lakes Boulevard, Suite 100
West Palm Beach, FL 33409
(561) 721-6880
Testifying Subject: Plaintiff's treating physician, Dr. Aaron Smith is a treating physician
of the Plaintiff and a neurosurgeon and Board Certified Osteopathic Surgery. Dr. Smith
treated Plaintiff following the June 2, 2017 slip and fall incident and is expected to testify
as to the nature, cause and extent of Plaintiff's sustained injuries and the reasonableness
and necessity of the medical treatment received by the Plaintiff, causation, permanency
and future medical care and costs, inclusive of the reasonableness and customary nature of
the charges of the medical treatment and future care needs. Dr. Smith’s opinions on
medical causation will be based upon his training, education, experience, basing his
medical opinion on the medical condition of the Plaintiff based on the medical treatment
and care he provided to the Plaintiff, the testing and diagnosis testing and/or procedures
used by him and related matters contained within his reports, and his diagnosis of
Plaintiff's injuries. Dr. Smith will further testify the prognosis is that Plaintiff suffered a
permanent injury disability within a reasonable degree of medical probability as a result
of the June 2, 2017 slip and fall incident.
A copy of Dr. Smith’s medical records regarding his treatment of the Plaintiff have been
furnished to counsel. Dr. Smith’s CV is being provided to defense counsel under separate
cover, as required by Florida Rules of Civil Procedure.
Spine & Orthopaedic Specialists of Central Florida
Aaron Smith, D.O.
Jane E. Bristline, M.D.
Sandeep Pillarisetty, M.D.
814. John Young Parkway
Kissimmee, FL 34741
9772) 212-0600
Testifying Subject: Plaintiffs treating physician, Dr. Aaron Smith is a treating physician
of the Plaintiff and a neurosurgeon, Board Certified Osteopathic Surgery. Dr. Smith treated
Plaintiff following the June 2, 2017 slip and fall incident and is expected to testify as to
the nature, cause and extent of Plaintiff’s sustained injuries and the reasonableness and
necessity of the medical treatment received by the Plaintiff, causation, permanency and
future medical care and costs, inclusive of the reasonableness and customary nature of the
charges of the medical treatment and future care needs. Dr. Smith’s opinions on medical
causation will be based upon his training, education, experience, basing his medical
opinion on the medical condition of the Plaintiff based on the medical treatment and care
he provided to the Plaintiff, the testing and diagnosis testing and/or procedures used by
him and related matters contained within his reports, and his diagnosis of Plaintiff's
injuries. Dr. Smith will further testify the prognosis is that Plaintiff suffered a permanent
injury disability within a reasonable degree of medical probability as a result of the June
2, 2017 slip and fall incident.
A copy of Dr. Smith’s medical records regarding his treatment of the Plaintiff have been
furnished to counsel. Dr. Smith’s CV is being provided to defense counsel under separate
cover, as required by Florida Rules of Civil Procedure.
Testifying Subject: Plaintiff's treating physician, Jane E. Bristline is a treating physician
of the Plaintiff and an anesthesiologist, Board Certified in Pain Management. Dr. Bristline
treated Plaintiff following the June 2, 2017 slip and fall incident and is expected to testify
as to the nature, cause and extent of Plaintiff's sustained injuries and the reasonableness
and necessity of the medical treatment received by the Plaintiff, causation, permanency
and future medical care and costs, inclusive of the reasonableness and customary nature of
the charges of the medical treatment and future care needs. Dr. Bristline’s opinions on
medical causation will be based upon his training, education, experience, basing his
medical opinion on the medical condition of the Plaintiff based on the medical treatment
and care he provided to the Plaintiff, the testing and diagnosis testing and/or procedures
used by him and related matters contained within his reports, and his diagnosis of
Plaintiff's injuries. Dr. Bristline will further testify the prognosis is that Plaintiff suffered
a permanent injury disability within a reasonable degree of medical probability as a result
of the June 2, 2017 slip and fall incident.
A copy of Dr. Bristline’s medical records regarding his treatment of the Plaintiff have been
furnished to counsel. Dr. Bristline’s CV is being provided to defense counsel under separate
cover, as required by Florida Rules of Civil Procedure.
Testifying Subject: Plaintiff's treating physician, Sandeep Pillarisetty is a treating
physician of the Plaintiff and an anesthesiologist, specializing in interventional pain
medicine. Dr. Pillarisetty treated Plaintiff following the June 2, 2017 slip and fall incident
and is expected to testify as to the nature, cause and extent of Plaintiff's sustained injuries
and the reasonableness and necessity of the medical treatment received by the Plaintiff,
causation, permanency and future medical care and costs, inclusive of the reasonableness
and customary nature of the charges of the medical treatment and future care needs. Dr.
Pillarisetty’s opinions on medical causation will be based upon his training, education,
experience, basing his medical opinion on the medical condition of the Plaintiff based on
the medical treatment and care he provided to the Plaintiff, the testing and diagnosis
testing and/or procedures used by him and related matters contained within his reports,
and his diagnosis of Plaintiff's injuries. Dr. Pillarisetty will further testify the prognosis is
that Plaintiff suffered a permanent injury disability within a reasonable degree of medical
probability as a result of the June 2, 2017 slip and fall incident.
A copy of Dr. Pillarisetty’s medical records regarding his treatment of the Plaintiff have
been furnished to counsel. Dr. Pillarisetty’s CV is being provided to defense counsel under
separate cover, as required by Florida Rules of Civil Procedure.
Total Vitality Medical of Florida
Esteban Santiago, D.C.
Angelo Rubano, D.C.
3100 17" Street
St. Cloud, FL 34769
(407) 270-2181
Testifying Subject: Plaintiff's treating physician, Esteban Santiago is a treating physician
of the Plaintiff and a chiropractor. Dr. Santiago treated Plaintiff following the June 2, 2017
slip and fall incident and is expected to testify as to the nature, cause and extent of
Plaintiffs sustained injuries and the reasonableness and necessity of the medical
treatment received by the Plaintiff, causation, permanency and future medical care and
costs, inclusive of the reasonableness and customary nature of the charges of the medical
treatment and future care needs. Dr. Santiago’s opinions on medical causation will be
based upon his training, education, experience, basing his medical opinion on the medical
condition of the Plaintiff based on the medical treatment and care he provided to the
Plaintiff, the testing and diagnosis testing and/or procedures used by him and related
matters contained within his reports, and his diagnosis of Plaintiff's injuries. Dr. Santiago
will further testify the prognosis is that Plaintiff suffered a permanent injury disability
within a reasonable degree of medical probability as a result of the June 2, 2017 slip and
fall incident.
A copy of Dr. Santiago’s medical records regarding his treatment of the Plaintiff have been
furnished to counsel. Dr. Santiago’s CV is being provided to defense counsel under separate
cover, as required by Florida Rules of Civil Procedure.
Testifying Subject: Plaintiffs treating physician, Angelo Rubano is a treating chiropractor
of the Plaintiff Dr. Rubano treated Plaintiff following the June 2, 2017 slip and fall
incident and is expected to testify as to the nature, cause and extent of Plaintiff's
sustained injuries and the reasonableness and necessity of the medical treatment received
by the Plaintiff, causation, permanency and future medical care and costs, inclusive of the
reasonableness and customary nature of the charges of the medical treatment and future care
needs. Dr. Rubano’s opinions on medical causation will be based upon his training,
education, experience, basing his medical opinion on the medical condition of the
Plaintiff based on the medical treatment and care he provided to the Plaintiff, the testing
and diagnosis testing and/or procedures used by him and related matters contained within
his reports, and his diagnosis of Plaintiff's injuries. Dr. Rubano will further testify the
prognosis is that Plaintiff suffered a permanent injury disability within a reasonable
degree of medical probability as a result of the June 2, 2017 slip and fall incident.
A copy of Dr. Rubano’s medical records regarding his treatment of the Plaintiff have been
furnished to counsel. Dr. Rubano’s CV is being provided to defense counsel under separate
cover, as required by Florida Rules of Civil Procedure.
The foregoing are non-retained witnesses, qualified as experts by knowledge, skill,
experience, training, or education, see section 90.701-06, Florida Statutes, who may testify in the
form of an opinion or otherwise, regarding one or more of the following: Plaintiff's amount and
causation of lost wages or loss of earning capacity; Plaintiff's medical or health care and
treatment, the causation of Plaintiff's mental or physical conditions, or illnesses or injuries, or
need for treatment; Plaintiff's diagnoses, prognosis, impairment, permanency of injury, illness or
condition, disability, aggravation of any pre-existing conditions or damages, costs of past or
future medical or other healthcare, the reasonableness, necessity, and relationship of past and
future medical care, as well as any other relevant matters customarily testified to by treating
physicians or other medical care providers within a reasonable degree of medical probability, or
by experts in the particular field of these experts.
The curriculum vitaes of the above providers have been requested and will be produced
immediately upon receipt.
As Plaintiff's treatment for her incident-related injuries is ongoing, Plaintiff reserves the
right to identify, as expert witnesses, any additional health care providers who render treatment
to Plaintiff for accident-related injuries that become known prior to the discovery cut-off date in
this action.
The said above-listed treating physicians and retained experts are expected to testify in
their respective fields of expertise as to their medical care, treatment and or services rendered to
Plaintiff ZASKIA MERCADO; including but not limiting their testimony to the issues of
reasonableness and necessity of care and treatment, as well as to the issue of causation and
permanency of the injury, as mentioned above. Additionally, the Plaintiff reserves his right to
call the following:
Any other health care providers, physician’s assistants, orthopedic specialists,
radiologists, or nurses who have treated Plaintiff or who were listed in Plaintiff's medical
records.
1 Any experts who are discovered in connection with subsequent investigation.
2 As Plaintiff's treatment for his incident-related injuries is ongoing, Plaintiff reserves
the right to identify, as expert witnesses, any additional health care providers who
render treatment to Plaintiff for accident-related injuries that become known prior to
the discovery cut-off date in this action.
Any expert witnesses discovered in formal discovery prior to the discovery cut-off
date in this action.
Any other applicable expert witness necessary to authenticate any exhibit listed on the
Plaintiff's Exhibit List.
Any witness listed by the Defendant to this cause in their Expert Witness Lists
previously filed or to be filed.
Any expert witness who rendered deposition testimony in the discovery of this cause of
action,
7. Any and all expert witnesses listed or retained by the Defendant, whether formally
listed, withdrawn as expert witnesses and regardless of whether called at trial by the
Defendant, or later withdrawn by the Defendant.
Any and all compulsory medical examiners of the Defendant and/or any and all later or
additionally disclosed compulsory medical examiners, whether formally listed on
Defendant’s expert witness list and/or withdrawn as expert witnesses by the Defendant.
Any and all necessary rebuttal expert witness necessary to rebut the expert testimony
rendered by Defendant’s disclosed expert witnesses.
RESERVATION OF RIGHT
The Plaintiffs reserve the right to utilize any witness listed on any Witness List of the
Defendant to this cause and with discovery continuing, Plaintiff reserve the right to further
supplement or substitute Witnesses as discovery continues pursuant to the Pre-Trial Order of this
court.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on June 2, 2021, I electronically filed the foregoing with the
Clerk of Court by using the Florida Courts e-Filing Portal. I further certify that Pursuant to Rule
2.516(b)(1) I forwarded the foregoing this same day via Email, to: Kurt M. Spengler, Esq. and
Melissa T. Woodward, Esq., Wicker Smith O'Hara McCoy & Ford, P.A., 390 N. Orange Ave.,
Suite 1000, Orlando, FL 32801, via email at ORLecrtpleadings@wickersmith.com;
MWoodward@wickersmith.com; PNorris@wickersmith.com.
4s/ Manuel Stefan, Esq.
Manuel “Manny” Stefan, Esq.
Florida Bar No.: 0103389
MORGAN & MORGAN, P.A.
4495 South Semoran Blvd.
Orlando, FL 32822
Telephone No.: (407) 452-6982
Facsimile No.: (407) 572-0124
Primary email: MStefan@forthepeople.com
Secondary email: cvictor@forthepeople.com
Attorney for Plaintiff
IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT
IN AND FOR OSCEOLA COUNTY, FLORIDA
CASE NO: 2019 CA 001939 ON
ZASKIA MERCADO,
Plaintiff,
vs.
CHEDDAR'S CASUAL CAFE, INC.,
Defendant.
acess se os /
PLAINTIFF‘ WITNESS LISTS AND EVIDENCE SCHEDULE
Plaintiff, Zaskia Mercado, by and through her undersigned counsel and in compliance with this
Honorable Court’s Order, provides the following List of Trial Witnesses and Evidence Schedule of Trial
Exhibits:
WITNESSES
Zaskia Mercado Liability/Damages
c/o Manuel F. Stefan, Esquire
Morgan and Morgan P.A.
4495 S. Semoran Boulevard
Orlando, FL 32822
(407) 452-6982
Emilio Matos Damages/Before and After
c/o Manuel F. Stefan, Esquire
Morgan and Morgan P.A.
4495 S. Semoran Boulevard
Orlando, FL 32822
(407) 452-6982
Designated Corporate Representative Liability/Damages
Cheddar’s Casual Café, Inc.
c/o Melissa T. Woodward, Esquire
Wicker Smith O'Hara McCoy & Ford, P.A.
390 N. Orange Ave., Suite 1000
Orlando, FL 32801
4 Julianne Frain, Ph.D., C.R.C., ABVE/D Damages
Rehab Pro Assessment and Consultation
1752 SW Crane Creek Circle
Palm City, FL 34990
(904) 210-7335
Treating doctors, nurses, technicians and/or records custodian from the
following list:
(a) Adventhealth Kissimmeee Damages/treating physician
Luis Campis Vazquez, M.D.
2450 N. Orange Blossom Trail
Kissimmee, FL 34744
(407) 846-4343
(b) Orthopaedic & Spine Associates Damages/treating physician
Dr. Carlos Ramirez-Blessing, D.O.
435 W. Oak Street
Kissimmee, FL 34741
(407) 530-4734
(c) Advanced Diagnostic Group Damages/treating physician
Chintan Desai, MD
56 W. Oak Street
Kissimmee, FL 34741
(407) 344-9899
(d) Associates MD Damages/treating physician
Steve Cimerberg, D.O.
814 N. John Young Parkway
Kissimmee, FL 34741
(954) 640-8993
(e) Central Palm Beach Surgery Center Damages/treating physician
Aaron Smith, D.O.
2047 Palm Beach Lakes Boulevard, Suite 100
West Palm Beach, FL 33409
(S61) 721-6880
(f) Spine & Orthopaedic Specialists of Central Florida
Aaron Smith, D.O. Damages/treating physicians
Jane E. Bristline, M.D.
Sandeep Pillarisetty, M.D.
814 N. John Young Parkway
Kissimmee, FL 34741
(772) 212-0600
(s) Total Vitality Medical of Florida Damages/treating physicians
Esteban Santiago, D.C.
Angelo Rubano, D.C.
3100 17" Street
St. Cloud, FL 34769
(407) 270-2181
(6) Designated Representative of Gallagher Bassett Services, Inc.
1) Rebuttal witnesses
(8) Any and all witnesses, lay or expert, listed by the Defendant on any witness list, whose
testimony is admissible, even if Defendant subsequently amends its witness list, and
withdraws a claim or defense or drops a witness.
Defendant is on notice that if it names a witness on any disclosure of witnesses required
by any Court Order, rule of procedure or agreement, then Plaintiff automatically
incorporates that witness onto Plaintiff's witness list. Plaintiff directs Defendant to
Bogosian v. State Farm Mut. Auto. Ins. Co., 817 So. 2d 968, 971 (Fla. 3d DCA 2002) and
advises that even if Defendant subsequently amends its witness list and drops a witness,
then that action shall not drop the witness from Plaintiff's witness list and that witness
shall remain on Plaintiff's witness list. To be clear and so there is no surprise, if
Defendant lists a witness on its witness list, then that witness is automatically and forever
listed on the Plaintiff's witness list and that witness may be called by Plaintiff to testi it
trial.
(9) Any and all witnesses listed in any answers to interrogatories or mentioned in documents
produced pursuant to requests for production or notices of production from non-parties.
(10) Any and all persons named in any and all hospital documents, medical records or
obtained in discovery or otherwise appear in the Court file.
ay Any and all fact witnesses disclosed through discovery who were involved in this
investigation of the incident which is the subject of this litigation or otherwise have
knowledge of any issues involved in this cause and by virtue of specialized knowledge,
skill, experience, training, or education may qualify to give expert opinion testimony.
(12) Any and all expert witnesses who, due to the nature of the continuing discovery, may
hereafter be retained in anticipation of giving expert opinion testimony at trial, subject to
prompt and timely disclosure thereof to Defendants.
(13) Any evidentiary or expert witness necessary for photo, diagram, video or other evidentiary
authentication, including, but not limited to investigators, journalists, or freelance
photographers.
(14) Any other applicable expert witness necessary to authenticate any exhibit listed on the
Plaintiff's witness and exhibit list.
(15) Any and all witnesses discovered after the service of the Joint Pre-Trial Stipulation or
omitted from this Joint Pre-Trial Stipulation, whose names and addresses will be
promptly provided to opposing counsel.
(16) Representatives of any alleged collateral source as raised by the Defendants. Such witnesses
may or may not be considered expert, but rather informational within their field of interest.
(17) A representative of each medical expense of the Plaintiff or as listed on Plaintiff's Exhibit
List.
(18) Any applicable records custodian for any record or document listed on the Plaintiff's Exhibit
List.
RESERVATION OF RIGHT
The Plaintiffs reserve the right to utilize any witness listed on any Witness List of the
Defendant to this cause and with discovery continuing, Plaintiff reserve the right to further
supplement or substitute Witnesses as discovery continues pursuant to the Pre-Trial Order of this
court.
PLAINTIFF’: EXHIBITS
Medical records of any and all treating physicians, medical providers and medical
facilities pertaining to the medical care, treatment and/or services rendered to or on behalf
of Plaintiff.
Medical bills of any and all treating physicians, medical providers and medical facilities
pertaining to the medical care, treatment and/or services rendered to or on behalf of
Plaintiff.
A summary of any and all medical expenses incurred by Plaintiff.
A summary of any and all out-of-pocket expenses incurred by Plaintiff.
A summary of any and all lost wages of Plaintiff.
Curriculum vitaes of any and all treating physicians and medical providers providing
medical care, treatment and/or services to or on behalf of Plaintiff.
Any and all records of Defendant pertaining to the accident that is the subject of this
matter.
Any and all policies of insurance providing insurance coverage to Defendant(s).
Any and all policies of insurance providing insurance coverage to Plaintiff.
10. Any and all records of Gallagher Bassett Services, Inc., pertaining to the accident that is
the subject of this matter.
il Mileage records of Plaintiff (if applicable).
12. Any and all receipts of out-of-pocket expenses of Plaintiff.
13. Photographs of the accident scene.
14, Photographs of Plaintiff injuries.
15. Mortality tables.
16 Life Tables.
17 AMA Guidelines.
18. Any and all radiographs depicting injuries to Plaintiff.
19 Any and all anatomical charts and/or skeletal devices.
20 Any and all reports, charts, drawings, and/or graphs of any witnesses.
21 Any and all enlargements of any exhibits.
22 Any and all demonstrative aids.
23 Any and all interrogatories, answers and exhibits thereto that will be or have been filed in
this matter.
24. Any and all deposition transcripts and/or videos that will be or have been filed in this
matter.
25 Any and all requests to produce, responses and exhibits thereto that will be or have been
filed in this matter.
26 Any and all requests for admissions and responses to requests for admissions that have
been filed in this matter.
27. Any and all exhibits listed by Defendant(s).
28 Any and all exhibits listed hereafter and noticed to Defendant(s).
29 Any and all witnesses, lay or expert, listed by the Defendant on any witness list, whose
testimony is admissible, even if Defendant subsequently amends its witness list and
withdraws a claim or defense or drops a witness.
Defendant is on notice that if it names a witness on any disclosure of witnesses required by
any Court Order, rule of procedure or agreement, then Plaintiff automatically incorporates
that witness onto Plaintiff's witness list. Plaintiff directs Defendant to Bogosian v. State
Farm Mut. Auto. Ins. Co., 817 So. 2d 968, 971 (Fla. 3d DCA 2002) and advises that even if
Defendant subsequently amends its witness list and drops a witness, then that action shall
not drop the witness from Plaintiff's witness list and that witness shall remain on Plaintiff's
witness list. To be clear and so there is no surprise, if Defendant lists a witness on its
witness list, then that witness is automatically and forever listed on the Plaintiff's witness list
and that witness may be called by Plaintiff to testi at trial.
30. Any and all fact witnesses disclosed through discovery who were involved in this
investigation of the incident which is the subject of this litigation or otherwise have
knowledge of any issues involved in this cause and by virtue of specialized knowledge,
skill, experience, training, or education may qualify to give expert opinion testimony.
31 Any and all expert witnesses who, due to the nature of the continuing discovery, may
hereafter be retained in anticipation of giving expert opinion testimony at trial, subject to
prompt and timely disclosure thereof to Defendants.
32. Any evidentiary or expert witness necessary for photo, diagram, video or other evidentiary
authentication, including, but not limited to investigators, journalists, or freelance
photographers.
33 Any other applicable expert witness necessary to authenticate any exhibit listed on the
Plaintiff's witness and exhibit list.
34 Any and all witnesses discovered after the service of the Joint Pre-Trial Stipulation or
omitted from this Joint Pre-Trial Stipulation, whose names and addresses will be
promptly provided to opposing counsel.
35. Representatives of any alleged collateral source as raised by the Defendants. Such witnesses
may or may not be considered expert, but rather informational within their field of interest.
36. A representative of each medical expense of the Plaintiff or as listed on Plaintiff's Exhibit
List.
37. Any applicable records custodian for any record or document listed on the Plaintiff's Exhibit
List.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on July 9, 2021, I electronically filed the foregoing with the
Clerk of Court by using the Florida Courts e-Filing Portal which will forward a copy to:
Kurt M. Spengler, Esq. and Melissa T. Woodward, Esq., Wicker Smith O'Hara McCoy & Ford,
P.A., 390 N. Orange Ave., Suite 1000, Orlando, FL 32801, via email at
ORLertpleadings@wickersmith.com; MWoodward@wickersmith.com;
PNorris@wickersmith.com
4s/ Manuel Stefan, Esq.
Manuel “Manny” Stefan, Esq.
Florida Bar No.: 0103389
MORGAN & MORGAN, P.A.
4495 South Semoran Blvd.
Orlando, FL 32822
Telephone No.: (407) 452-6982
Facsimile No.: (407) 572-0124
Primary email: MStefan@forthepeople.com
Secondary email: EDiaz@forthepeople.com
Attorney for Plaintiff
Filing # 178488740 E-Filed 07/28/2023 03:51:22 PM
92358-5/mtw/18883784
IN THE CIRCUIT COURT OF THE
NINTH JUDICIAL CIRCUIT IN AND FOR
OSCEOLA COUNTY, FLORIDA
ZASKIA MERCADO,
Plaintiff, CASE NO. 19CA1939-ON
vs.
CHEDDAR'S CASUAL CAFE, INC.,
Defendant.
/
DEFENDANT'S AMENDED EXPERT DISCLOSURES
Defendant, CHEDDAR'S CASUAL CAFE, INC., (“Defendant”), by and through its
undersigned counsel and pursuant to Florida Rules of Civil Procedure, hereby files this Amended
Expert Witness Disclosure and states as follows:
1 Michael Philip Silverstein, M.D. Defendant's Orthopedic
Citrus Orthopedic & Joint Institute
950 N. Avalon Way
Lecanto, Florida 34461
Dr. Silverstein is a Board Certified Orthopedic Surgeon, who is expected to testify
as to Plaintiff's alleged injuries in this case and its relatedness to the incident and
subsequent surgeries; the permanency of her injury; reasonableness and
necessity of any proposed surgical treatment to Plaintiff; the reasonableness of
future medical care and treatment, if any; and Plaintiff's ability to work, and all other
damages issues without limitation. Dr. Silverstein’s opinions will be based upon
his education, training, experience, and review of pertinent material, including pre
and post incident medical records, and the October 29, 2021 Compulsory Medical
Examination. Dr. Silverstein’s Curriculum Vitae was previously provided to
Plaintiff's counsel.
Johnathan Kazam, M.D. Defendants’ Radiologist
Orlando Health Jewett Orthopedic Institute
1285 Orange Ave.
Winter Park, FL 32789
Dr. Kazam is a Board Certified Radiologist who is expected to testify regarding
issues related to causation and damages. Dr. Kazam’s opinions will be based
upon his review of the medical records, imaging studies, discovery responses,
deposition testimony, as well as his background, training, and experience in the
field of radiology. Dr. Kazam’s Curriculum Vitae shall be provided upon receipt.
CASE NO. 2019-CA-001939-ON
Any and all Rule 1.360 examining physicians of Plaintiff.
Any and all treating physicians of Plaintiff.
Any and all of Plaintiff's experts.
Any and all expert rebuttal witnesses and/or for impeachment purposes.
witnesses.
Any and all expert witnesses revealed through discovery.
Defendant reserves the right to amend this expert witness disclosure as it becomes
necessary through discovery.
WE HEREBY CERTIFY that a copy hereof has been electronically served via Florida
ePortal to: Manuel Stefan, Esquire, mstefan@forthepeople.com, cvictor@forthepeople.com; on
this 28th day of July, 2023.
/s/ Kurt M. Spengler
Kurt M. Spengler, Esquire
Florida Bar No. 717665
Melissa T. Woodward, Esquire
Florida Bar No. 022143
WICKER SMITH O'HARA MCCOY & FORD, P.A.
Attorneys for Defendant Cheddar's Casual Café, Inc
390 N. Orange Ave., Suite 1000
Orlando, FL 32801
Phone: (407) 843-3939
Fax: (407) 649-8118
ORLertpleadings@wickersmith.com
-2-
Filing # 131103764 E-Filed 07/21/2021 11:40:58 AM
92358-5/mtw/12257535
Preview
Filing # 182061695 E-Filed 09/18/2023 04:10:49 PM IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR OSCEOLA COUNTY, FLORIDA CASE NO: 2019 CA 1939 ON ZASKIA MERCADO, Plaintiff, vs. CHEDDAR'S CASUAL CAFE, INC., Defendant. / JOINT PRETRIAL STATEMENT COMES NOW the Plaintiff, ZASKIA MERCADO, by and through the undersigned counsel and in compliance with this Honorable Court’s August 24, 2022, Uniform Order Setting Case For Jury Trial and Pre-Trial Conference and Requiring Pre-Trial Matters to be Completed, more specifically paragraph 6(b) therein, and provide the following: 1 Statement Of Case: This is premises liability action wherein Plaintiff, ZASKIA MERCADO alleges that on June 2, 2017, Defendant, CHEDDAR'S CASUAL CAFE, INC., was negligent in the maintenance of the subject premises and this negligence caused Plaintiff, ZASKIA MERCADO, alleges she slipped on an alleged liquid/greasy like substance at the Cheddar’s Scratch Kitchen located at 875 W. Osceola Parkway, Kissimmee, FL 34741. Defendant, CHEDDAR'S CASUAL CAFE, INC, denies this claim and affirmatively asserts that it did not have actual and/or constructive notice of the alleged dangerous condition prior to the subject incident. Additionally, Defendant, CHEDDAR'S CASUAL CAFE, INC., affirmatively asserts that Plaintiff, ZASKIA MERCADO, was herself negligent in the manner in which she conducted herself and that she failed to observe her surroundings, and that the alleged injuries alleged by Plaintiff, ZASKIA MERCADO, were not caused by the June 2, 2017 incident described in Plaintiff's Complaint. 2 Statement of the facts, which are admitted, and may be read in evidence at trial, as a stipulation of counsel. Plaintiff, ZASKIA MERCADO, was a business invitee of Cheddar’s Scratch Kitchen located at 875 W. Osceola Parkway, Kissimmee, Florida 34741 on June 2, 2017. Issues of facts to be tried: (a) What is the amount of the past medical bills? (b) What is the amount of the future medical expenses? (c) Did Plaintiff sustain a permanent injury in the accident at issue? (d) What is the amount of general damages that will compensate Plaintiff for past pain and suffering? (e) What is the amount of general damages that will compensate Plaintiff for future pain and suffering? 4 Issues of law, procedure, or evidence to be determined by the Court prior to, or during trial. 1 General principles of negligence ii. Florida Rules of Civil Procedure iii. Florida Evidence Code Annotated Copies of Plaintiff's Witness and Exhibit Lists: Plaintiff's Exhibits and Evidence Schedule is annexed hereto as Exhibit “A”. Plaintiff's Witness List is annexed hereto as Exhibit “A”. Annotated Copies of Defendant’s Witness lists: Defendant’s Exhibits and Evidence Schedule is annexed hereto as Exhibit “B”. Defendant’s Witness List is annexed hereto as Exhibit “B”. The number of peremptory challenges agreed upon or requested. Each party shall have three (3) peremptory challenges. A current estimate of the number of days required for trial. Plaintiff estimates 5 days for trial. A specification of the damages claimed by each party. Plaintiff is seeking compensation for her injuries as a result of this accident, past medicals, future medicals, past pain and suffering and future pain and suffering. 10. Announcement of the name of the particular member or associate who will try the case. For Plaintiff: Manuel F. Stefan, Esquire and trial partner For Defendant: Kurt Spengler, Esquire and Melissa Woodward, Esquire No change of such designated trial counsel shall be made without leave of the Court, if such change will interfere with the trial schedule. 11. List of all outstanding motion(s) and date/time of the hearing(s) or statement whether each motion(s) is/are waived/withdrawn/moot. a. Plaintiff's Omnibus Motion in Limine b. Plaintiff's Motion to Strike Defendant’s Expert Witness List & Witness and Exhibit List Plaintiff's Motion to Compel Better Responses to Request to Produce Plaintiff's Motion to Compel Deposition of the Defendant’s Corporate Representative Defendant’s Motion for Summary Judgment Defendant’s Motion for Protective Order regarding the unilateral scheduling of the September 19, 2023 deposition which is beyond the discovery August 29, 2023 cut- off 12. Any other matters agreed to by counsel or which need to be addressed by the Court at pre-trial conference. a) The parties agree to stipulate and waive records custodians for all exhibits, records, video or photographs identified in Plaintiff's and Defendant’s Witness and Exhibit Lists and waive authentication requirements thereto for the purpose of admission into evidence of medical records and bills and agree to use copies in lieu of originals. The parties waive the appearance of records custodians at trial. b) Experts and treating physicians may be called out of turn. c) Copies of original documents may be introduced in lieu of originals. qd) The use of Records Custodians to authenticate and identify records and bills shall not be necessary. Objections are reserved as to admissibility of hearsay opinions expressed within the records. e) X-rays and MRI films of the Plaintiff may be used by either side without the testimony of the radiologist or technician, provided they are identified by a physician. Anatomical charts and skeletal devices, provided there is no other basis for objection, may be used at trial if a qualified witness testifies that they will assist in presenting the witness’s testimony. g) A mortality table published in Florida Statutes, Florida Statutes Annotated or by the U.S. Department of Health and Human Services may be used, if applicable. h) Photographs and video can be used by both sides, the testimony of the photographer/videographer will not be required for entry of photographs into evidence. i) Objections to relevancy preserved; and d Any collateral source setoffs to be determined and addressed post-trial. DATED: September 18, 2023 /s/Manuel Stefan /s/Kurt Spengler Manuel F. Stefan, Esquire Kurt Spengler, Esquire FBN: 0103389 FBN: 717665 Morgan & Morgan, P.A. Wicker Smith O'Hara McCoy & Ford, P.A 4495 S. Semoran Avenue. 390 N. Orange Ave., Suite 1000 Orlando, FL 32822 Orlando FL 32801 Phone: 407-452-6982 Phone: (407) 843-3939 Facsimile: 407-572-0124 Facsimile: (407) 649-8118 Primary email: mstefan@forthepeople.com Primary email: MWoodward@wickersmith.com Secondary email: cvictor@forthepeople.com Secondary email: PNorris@wickersmith.com Attorneys for Plaintiff Attorneys for Defendant EXHIBITS Filing # 127963904 E-Filed 06/02/2021 03:03:17 PM IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR OSCEOLA COUNTY, FLORIDA CASE NO: 2019 CA 001939 ON HON. ROBERT J. EGAN ZASKIA MERCADO, Plaintiff, vs. CHEDDAR'S CASUAL CAFE, INC., Defendant. / PLAINTIFF'S DISCLOSURE OF EXPERT WITNESSES COMES NOW the Plaintiff, ZASKIA MERCADO, by and through the undersigned counsel and in compliance with this Honorable Court's December]8, 2020, Uniform Order Setting Case For Jury Trial And Pre-Trial Conference And Requiring Pre-Trial Matters To Be Completed, more specifically paragraph 9(a) therein, and provides the following disclosure of expert witnesses anticipated to testify at the trial of this action: RETAINED EXPERT 1 Julianne Frain, Ph.D., C.R.C., ABVE/D Rehab Pro Assessment and Consultation 1752 SW Crane Creek Circle Palm City, FL 34990 (904) 210-7335 Dr. Frain is a Vocational Rehabilitation Consultant and is expected to testify as to her consultation of the Plaintiff, the Plaintiff's vocational rehabilitation losses and her life care plan for the costs, frequency and duration through Plaintiff's life expectancy. Dr. Frain’s Life Care Plan, fee schedule and testifying history are provided herewith. TREATING PHYSICIANS/MEDICAL PROVIDERS Adventhealth Kissimmee Luis Campis Vazquez, M.D. EN \ \ 2450 N. orange Blossom Trail Kissimmee, FL 34744 (407) 846-4343 Testifying Subject: Plaintiff's treating physician, Dr. Luis Campis Vazquez is a treating physician of the Plaintiff. Dr. Campis Vazquez treated Plaintiff in the emergency room of Adventhealth Kissimmee following the June 2, 2017 slip and fall incident and is expected to testify as to the nature, cause and extent of Plaintiff's sustained injuries and the reasonableness and necessity of the medical treatment received by the Plaintiff, causation, permanency and future medical care and costs, inclusive of the reasonableness and customary nature of the charges of the medical treatment and future care needs. Dr. Campis Vazquez’s opinions on medical causation will be based upon his training, education, experience, basing his medical opinion on the medical condition of the Plaintiff based on the medical treatment and care he provided to the Plaintiff, the testing and diagnosis testing and/or procedures used by him and related matters contained within his reports, and his diagnosis of Plaintiff's injuries. Dr. Campis Vazquez will further testify the prognosis is that Plaintiff suffered a permanent injury disability within a reasonable degree of medical probability as a result of the June 2, 2017 slip and fall incident. Orthopaedic & Spine Associates Dr. Carlos Ramirez-Blessing, D.O. 435 W. Oak Street Kissimmee, FL 34741 (407) 530-4734 Testifying Subject: Plaintiff's treating physician, Dr. Carlos Ramirez-Blessing is a treating physician of the Plaintiff and Doctorate of Osteopathic Medicine, Board Certified in family medicine. Dr. Ramirez-Blessing treated Plaintiff following the June 2, 2017 slip and fall incident and is expected to testify as to the nature, cause and extent of Plaintiff's sustained injuries and the reasonableness and necessity of the medical treatment received by the Plaintiff, causation, permanency and future medical care and costs, inclusive of the reasonableness and customary nature of the charges of the medical treatment and future care needs. Dr. Ramirez-Blessing’s’ opinions on medical causation will be based upon his training, education, experience, basing his medical opinion on the medical condition of the Plaintiff based on the medical treatment and care he provided to the Plaintiff, the testing and diagnosis testing and/or procedures used by him and related matters contained within his reports, and his diagnosis of Plaintiff's injuries. Dr. Ramirez-Blessing will further testify the prognosis is that Plaintiff suffered a permanent injury disability within a reasonable degree of medical probability as a result of the June 2, 2017 slip and fall incident. A copy of Dr. Ramirez-Blessing’s medical records regarding his treatment of the Plaintiff have been furnished to counsel. Dr. Ramirez-Blessing’s CV is being provided to defense counsel under separate cover, as required by Florida Rules of Civil Procedure. 3. Advanced Diagnostic Group Chintan Desai, MD 56 W. Oak Street Kissimmee, FL 34741 (407) 344-9899 Testifying Subject: Plaintiff's treating physician, Dr. Chintan Desai is a treating physician of the Plaintiff and a diagnostic radiology specialist Diplomat of the American Board of Radiology. Dr. Desai treated Plaintiff following the June 2, 2017 slip and fall incident and is expected to testify as to the nature, cause and extent of Plaintiff's sustained injuries and the reasonableness and necessity of the medical treatment received by the Plaintiff, causation, permanency and future medical care and costs, inclusive of the reasonableness and customary nature of the charges of the medical treatment and future care needs. Dr. Desai’s opinions on medical causation will be based upon his training, education, experience, basing his medical opinion on the medical condition of the Plaintiff based on the medical treatment and care he provided to the Plaintiff, the testing and diagnosis testing and/or procedures used by him and related matters contained within his reports, and his diagnosis of Plaintiff's injuries. Dr. Desai will further testify the prognosis is that Plaintiff suffered a permanent injury disability within a reasonable degree of medical probability as a result of the June 2, 2017 slip and fall incident. A copy of Dr. Desai’s medical records regarding his treatment of the Plaintiff have been furnished to counsel. Dr. Desai’s CV is being provided to defense counsel under separate cover, as required by Florida Rules of Civil Procedure. Associates MD Steve Cimerberg, D.O. 814 N. John Young Parkway Kissimmee, FL 34741 (954) 640-8993 Testifying Subject: Plaintiff's treating physician, Dr. Steve Cimerberg is a treating physician of the Plaintiff, specializing in Family Medicine. Dr. Cimerberg treated Plaintiff following the June 2, 2017 slip and fall incident and is expected to testify as to the nature, cause and extent of Plaintiff's sustained injuries and the reasonableness and necessity of the medical treatment received by the Plaintiff, causation, permanency and future medical care and costs, inclusive of the reasonableness and customary nature of the charges of the medical treatment and future care needs. Dr. Cimerberg’s opinions on medical causation will be based upon his training, education, experience, basing his medical opinion on the medical condition of the Plaintiff based on the medical treatment and care he provided to the Plaintiff, the testing and diagnosis testing and/or procedures used by him and related matters contained within his reports, and his diagnosis of Plaintiff's injuries. Dr. Cimerberg will further testify the prognosis is that Plaintiff suffered a permanent injury disability within a reasonable degree of medical probability as a result of the June 2, 2017 slip and fall incident. A copy of Dr. Cimerberg’s medical records regarding his treatment of the Plaintiff have been furnished to counsel. Dr. Cimerberg’s CV is being provided to defense counsel under separate cover, as required by Florida Rules of Civil Procedure. Central Palm Beach Surgery Center Aaron Smith, D.O. 2047 Palm Beach Lakes Boulevard, Suite 100 West Palm Beach, FL 33409 (561) 721-6880 Testifying Subject: Plaintiff's treating physician, Dr. Aaron Smith is a treating physician of the Plaintiff and a neurosurgeon and Board Certified Osteopathic Surgery. Dr. Smith treated Plaintiff following the June 2, 2017 slip and fall incident and is expected to testify as to the nature, cause and extent of Plaintiff's sustained injuries and the reasonableness and necessity of the medical treatment received by the Plaintiff, causation, permanency and future medical care and costs, inclusive of the reasonableness and customary nature of the charges of the medical treatment and future care needs. Dr. Smith’s opinions on medical causation will be based upon his training, education, experience, basing his medical opinion on the medical condition of the Plaintiff based on the medical treatment and care he provided to the Plaintiff, the testing and diagnosis testing and/or procedures used by him and related matters contained within his reports, and his diagnosis of Plaintiff's injuries. Dr. Smith will further testify the prognosis is that Plaintiff suffered a permanent injury disability within a reasonable degree of medical probability as a result of the June 2, 2017 slip and fall incident. A copy of Dr. Smith’s medical records regarding his treatment of the Plaintiff have been furnished to counsel. Dr. Smith’s CV is being provided to defense counsel under separate cover, as required by Florida Rules of Civil Procedure. Spine & Orthopaedic Specialists of Central Florida Aaron Smith, D.O. Jane E. Bristline, M.D. Sandeep Pillarisetty, M.D. 814. John Young Parkway Kissimmee, FL 34741 9772) 212-0600 Testifying Subject: Plaintiffs treating physician, Dr. Aaron Smith is a treating physician of the Plaintiff and a neurosurgeon, Board Certified Osteopathic Surgery. Dr. Smith treated Plaintiff following the June 2, 2017 slip and fall incident and is expected to testify as to the nature, cause and extent of Plaintiff’s sustained injuries and the reasonableness and necessity of the medical treatment received by the Plaintiff, causation, permanency and future medical care and costs, inclusive of the reasonableness and customary nature of the charges of the medical treatment and future care needs. Dr. Smith’s opinions on medical causation will be based upon his training, education, experience, basing his medical opinion on the medical condition of the Plaintiff based on the medical treatment and care he provided to the Plaintiff, the testing and diagnosis testing and/or procedures used by him and related matters contained within his reports, and his diagnosis of Plaintiff's injuries. Dr. Smith will further testify the prognosis is that Plaintiff suffered a permanent injury disability within a reasonable degree of medical probability as a result of the June 2, 2017 slip and fall incident. A copy of Dr. Smith’s medical records regarding his treatment of the Plaintiff have been furnished to counsel. Dr. Smith’s CV is being provided to defense counsel under separate cover, as required by Florida Rules of Civil Procedure. Testifying Subject: Plaintiff's treating physician, Jane E. Bristline is a treating physician of the Plaintiff and an anesthesiologist, Board Certified in Pain Management. Dr. Bristline treated Plaintiff following the June 2, 2017 slip and fall incident and is expected to testify as to the nature, cause and extent of Plaintiff's sustained injuries and the reasonableness and necessity of the medical treatment received by the Plaintiff, causation, permanency and future medical care and costs, inclusive of the reasonableness and customary nature of the charges of the medical treatment and future care needs. Dr. Bristline’s opinions on medical causation will be based upon his training, education, experience, basing his medical opinion on the medical condition of the Plaintiff based on the medical treatment and care he provided to the Plaintiff, the testing and diagnosis testing and/or procedures used by him and related matters contained within his reports, and his diagnosis of Plaintiff's injuries. Dr. Bristline will further testify the prognosis is that Plaintiff suffered a permanent injury disability within a reasonable degree of medical probability as a result of the June 2, 2017 slip and fall incident. A copy of Dr. Bristline’s medical records regarding his treatment of the Plaintiff have been furnished to counsel. Dr. Bristline’s CV is being provided to defense counsel under separate cover, as required by Florida Rules of Civil Procedure. Testifying Subject: Plaintiff's treating physician, Sandeep Pillarisetty is a treating physician of the Plaintiff and an anesthesiologist, specializing in interventional pain medicine. Dr. Pillarisetty treated Plaintiff following the June 2, 2017 slip and fall incident and is expected to testify as to the nature, cause and extent of Plaintiff's sustained injuries and the reasonableness and necessity of the medical treatment received by the Plaintiff, causation, permanency and future medical care and costs, inclusive of the reasonableness and customary nature of the charges of the medical treatment and future care needs. Dr. Pillarisetty’s opinions on medical causation will be based upon his training, education, experience, basing his medical opinion on the medical condition of the Plaintiff based on the medical treatment and care he provided to the Plaintiff, the testing and diagnosis testing and/or procedures used by him and related matters contained within his reports, and his diagnosis of Plaintiff's injuries. Dr. Pillarisetty will further testify the prognosis is that Plaintiff suffered a permanent injury disability within a reasonable degree of medical probability as a result of the June 2, 2017 slip and fall incident. A copy of Dr. Pillarisetty’s medical records regarding his treatment of the Plaintiff have been furnished to counsel. Dr. Pillarisetty’s CV is being provided to defense counsel under separate cover, as required by Florida Rules of Civil Procedure. Total Vitality Medical of Florida Esteban Santiago, D.C. Angelo Rubano, D.C. 3100 17" Street St. Cloud, FL 34769 (407) 270-2181 Testifying Subject: Plaintiff's treating physician, Esteban Santiago is a treating physician of the Plaintiff and a chiropractor. Dr. Santiago treated Plaintiff following the June 2, 2017 slip and fall incident and is expected to testify as to the nature, cause and extent of Plaintiffs sustained injuries and the reasonableness and necessity of the medical treatment received by the Plaintiff, causation, permanency and future medical care and costs, inclusive of the reasonableness and customary nature of the charges of the medical treatment and future care needs. Dr. Santiago’s opinions on medical causation will be based upon his training, education, experience, basing his medical opinion on the medical condition of the Plaintiff based on the medical treatment and care he provided to the Plaintiff, the testing and diagnosis testing and/or procedures used by him and related matters contained within his reports, and his diagnosis of Plaintiff's injuries. Dr. Santiago will further testify the prognosis is that Plaintiff suffered a permanent injury disability within a reasonable degree of medical probability as a result of the June 2, 2017 slip and fall incident. A copy of Dr. Santiago’s medical records regarding his treatment of the Plaintiff have been furnished to counsel. Dr. Santiago’s CV is being provided to defense counsel under separate cover, as required by Florida Rules of Civil Procedure. Testifying Subject: Plaintiffs treating physician, Angelo Rubano is a treating chiropractor of the Plaintiff Dr. Rubano treated Plaintiff following the June 2, 2017 slip and fall incident and is expected to testify as to the nature, cause and extent of Plaintiff's sustained injuries and the reasonableness and necessity of the medical treatment received by the Plaintiff, causation, permanency and future medical care and costs, inclusive of the reasonableness and customary nature of the charges of the medical treatment and future care needs. Dr. Rubano’s opinions on medical causation will be based upon his training, education, experience, basing his medical opinion on the medical condition of the Plaintiff based on the medical treatment and care he provided to the Plaintiff, the testing and diagnosis testing and/or procedures used by him and related matters contained within his reports, and his diagnosis of Plaintiff's injuries. Dr. Rubano will further testify the prognosis is that Plaintiff suffered a permanent injury disability within a reasonable degree of medical probability as a result of the June 2, 2017 slip and fall incident. A copy of Dr. Rubano’s medical records regarding his treatment of the Plaintiff have been furnished to counsel. Dr. Rubano’s CV is being provided to defense counsel under separate cover, as required by Florida Rules of Civil Procedure. The foregoing are non-retained witnesses, qualified as experts by knowledge, skill, experience, training, or education, see section 90.701-06, Florida Statutes, who may testify in the form of an opinion or otherwise, regarding one or more of the following: Plaintiff's amount and causation of lost wages or loss of earning capacity; Plaintiff's medical or health care and treatment, the causation of Plaintiff's mental or physical conditions, or illnesses or injuries, or need for treatment; Plaintiff's diagnoses, prognosis, impairment, permanency of injury, illness or condition, disability, aggravation of any pre-existing conditions or damages, costs of past or future medical or other healthcare, the reasonableness, necessity, and relationship of past and future medical care, as well as any other relevant matters customarily testified to by treating physicians or other medical care providers within a reasonable degree of medical probability, or by experts in the particular field of these experts. The curriculum vitaes of the above providers have been requested and will be produced immediately upon receipt. As Plaintiff's treatment for her incident-related injuries is ongoing, Plaintiff reserves the right to identify, as expert witnesses, any additional health care providers who render treatment to Plaintiff for accident-related injuries that become known prior to the discovery cut-off date in this action. The said above-listed treating physicians and retained experts are expected to testify in their respective fields of expertise as to their medical care, treatment and or services rendered to Plaintiff ZASKIA MERCADO; including but not limiting their testimony to the issues of reasonableness and necessity of care and treatment, as well as to the issue of causation and permanency of the injury, as mentioned above. Additionally, the Plaintiff reserves his right to call the following: Any other health care providers, physician’s assistants, orthopedic specialists, radiologists, or nurses who have treated Plaintiff or who were listed in Plaintiff's medical records. 1 Any experts who are discovered in connection with subsequent investigation. 2 As Plaintiff's treatment for his incident-related injuries is ongoing, Plaintiff reserves the right to identify, as expert witnesses, any additional health care providers who render treatment to Plaintiff for accident-related injuries that become known prior to the discovery cut-off date in this action. Any expert witnesses discovered in formal discovery prior to the discovery cut-off date in this action. Any other applicable expert witness necessary to authenticate any exhibit listed on the Plaintiff's Exhibit List. Any witness listed by the Defendant to this cause in their Expert Witness Lists previously filed or to be filed. Any expert witness who rendered deposition testimony in the discovery of this cause of action, 7. Any and all expert witnesses listed or retained by the Defendant, whether formally listed, withdrawn as expert witnesses and regardless of whether called at trial by the Defendant, or later withdrawn by the Defendant. Any and all compulsory medical examiners of the Defendant and/or any and all later or additionally disclosed compulsory medical examiners, whether formally listed on Defendant’s expert witness list and/or withdrawn as expert witnesses by the Defendant. Any and all necessary rebuttal expert witness necessary to rebut the expert testimony rendered by Defendant’s disclosed expert witnesses. RESERVATION OF RIGHT The Plaintiffs reserve the right to utilize any witness listed on any Witness List of the Defendant to this cause and with discovery continuing, Plaintiff reserve the right to further supplement or substitute Witnesses as discovery continues pursuant to the Pre-Trial Order of this court. CERTIFICATE OF SERVICE I HEREBY CERTIFY that on June 2, 2021, I electronically filed the foregoing with the Clerk of Court by using the Florida Courts e-Filing Portal. I further certify that Pursuant to Rule 2.516(b)(1) I forwarded the foregoing this same day via Email, to: Kurt M. Spengler, Esq. and Melissa T. Woodward, Esq., Wicker Smith O'Hara McCoy & Ford, P.A., 390 N. Orange Ave., Suite 1000, Orlando, FL 32801, via email at ORLecrtpleadings@wickersmith.com; MWoodward@wickersmith.com; PNorris@wickersmith.com. 4s/ Manuel Stefan, Esq. Manuel “Manny” Stefan, Esq. Florida Bar No.: 0103389 MORGAN & MORGAN, P.A. 4495 South Semoran Blvd. Orlando, FL 32822 Telephone No.: (407) 452-6982 Facsimile No.: (407) 572-0124 Primary email: MStefan@forthepeople.com Secondary email: cvictor@forthepeople.com Attorney for Plaintiff IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR OSCEOLA COUNTY, FLORIDA CASE NO: 2019 CA 001939 ON ZASKIA MERCADO, Plaintiff, vs. CHEDDAR'S CASUAL CAFE, INC., Defendant. acess se os / PLAINTIFF‘ WITNESS LISTS AND EVIDENCE SCHEDULE Plaintiff, Zaskia Mercado, by and through her undersigned counsel and in compliance with this Honorable Court’s Order, provides the following List of Trial Witnesses and Evidence Schedule of Trial Exhibits: WITNESSES Zaskia Mercado Liability/Damages c/o Manuel F. Stefan, Esquire Morgan and Morgan P.A. 4495 S. Semoran Boulevard Orlando, FL 32822 (407) 452-6982 Emilio Matos Damages/Before and After c/o Manuel F. Stefan, Esquire Morgan and Morgan P.A. 4495 S. Semoran Boulevard Orlando, FL 32822 (407) 452-6982 Designated Corporate Representative Liability/Damages Cheddar’s Casual Café, Inc. c/o Melissa T. Woodward, Esquire Wicker Smith O'Hara McCoy & Ford, P.A. 390 N. Orange Ave., Suite 1000 Orlando, FL 32801 4 Julianne Frain, Ph.D., C.R.C., ABVE/D Damages Rehab Pro Assessment and Consultation 1752 SW Crane Creek Circle Palm City, FL 34990 (904) 210-7335 Treating doctors, nurses, technicians and/or records custodian from the following list: (a) Adventhealth Kissimmeee Damages/treating physician Luis Campis Vazquez, M.D. 2450 N. Orange Blossom Trail Kissimmee, FL 34744 (407) 846-4343 (b) Orthopaedic & Spine Associates Damages/treating physician Dr. Carlos Ramirez-Blessing, D.O. 435 W. Oak Street Kissimmee, FL 34741 (407) 530-4734 (c) Advanced Diagnostic Group Damages/treating physician Chintan Desai, MD 56 W. Oak Street Kissimmee, FL 34741 (407) 344-9899 (d) Associates MD Damages/treating physician Steve Cimerberg, D.O. 814 N. John Young Parkway Kissimmee, FL 34741 (954) 640-8993 (e) Central Palm Beach Surgery Center Damages/treating physician Aaron Smith, D.O. 2047 Palm Beach Lakes Boulevard, Suite 100 West Palm Beach, FL 33409 (S61) 721-6880 (f) Spine & Orthopaedic Specialists of Central Florida Aaron Smith, D.O. Damages/treating physicians Jane E. Bristline, M.D. Sandeep Pillarisetty, M.D. 814 N. John Young Parkway Kissimmee, FL 34741 (772) 212-0600 (s) Total Vitality Medical of Florida Damages/treating physicians Esteban Santiago, D.C. Angelo Rubano, D.C. 3100 17" Street St. Cloud, FL 34769 (407) 270-2181 (6) Designated Representative of Gallagher Bassett Services, Inc. 1) Rebuttal witnesses (8) Any and all witnesses, lay or expert, listed by the Defendant on any witness list, whose testimony is admissible, even if Defendant subsequently amends its witness list, and withdraws a claim or defense or drops a witness. Defendant is on notice that if it names a witness on any disclosure of witnesses required by any Court Order, rule of procedure or agreement, then Plaintiff automatically incorporates that witness onto Plaintiff's witness list. Plaintiff directs Defendant to Bogosian v. State Farm Mut. Auto. Ins. Co., 817 So. 2d 968, 971 (Fla. 3d DCA 2002) and advises that even if Defendant subsequently amends its witness list and drops a witness, then that action shall not drop the witness from Plaintiff's witness list and that witness shall remain on Plaintiff's witness list. To be clear and so there is no surprise, if Defendant lists a witness on its witness list, then that witness is automatically and forever listed on the Plaintiff's witness list and that witness may be called by Plaintiff to testi it trial. (9) Any and all witnesses listed in any answers to interrogatories or mentioned in documents produced pursuant to requests for production or notices of production from non-parties. (10) Any and all persons named in any and all hospital documents, medical records or obtained in discovery or otherwise appear in the Court file. ay Any and all fact witnesses disclosed through discovery who were involved in this investigation of the incident which is the subject of this litigation or otherwise have knowledge of any issues involved in this cause and by virtue of specialized knowledge, skill, experience, training, or education may qualify to give expert opinion testimony. (12) Any and all expert witnesses who, due to the nature of the continuing discovery, may hereafter be retained in anticipation of giving expert opinion testimony at trial, subject to prompt and timely disclosure thereof to Defendants. (13) Any evidentiary or expert witness necessary for photo, diagram, video or other evidentiary authentication, including, but not limited to investigators, journalists, or freelance photographers. (14) Any other applicable expert witness necessary to authenticate any exhibit listed on the Plaintiff's witness and exhibit list. (15) Any and all witnesses discovered after the service of the Joint Pre-Trial Stipulation or omitted from this Joint Pre-Trial Stipulation, whose names and addresses will be promptly provided to opposing counsel. (16) Representatives of any alleged collateral source as raised by the Defendants. Such witnesses may or may not be considered expert, but rather informational within their field of interest. (17) A representative of each medical expense of the Plaintiff or as listed on Plaintiff's Exhibit List. (18) Any applicable records custodian for any record or document listed on the Plaintiff's Exhibit List. RESERVATION OF RIGHT The Plaintiffs reserve the right to utilize any witness listed on any Witness List of the Defendant to this cause and with discovery continuing, Plaintiff reserve the right to further supplement or substitute Witnesses as discovery continues pursuant to the Pre-Trial Order of this court. PLAINTIFF’: EXHIBITS Medical records of any and all treating physicians, medical providers and medical facilities pertaining to the medical care, treatment and/or services rendered to or on behalf of Plaintiff. Medical bills of any and all treating physicians, medical providers and medical facilities pertaining to the medical care, treatment and/or services rendered to or on behalf of Plaintiff. A summary of any and all medical expenses incurred by Plaintiff. A summary of any and all out-of-pocket expenses incurred by Plaintiff. A summary of any and all lost wages of Plaintiff. Curriculum vitaes of any and all treating physicians and medical providers providing medical care, treatment and/or services to or on behalf of Plaintiff. Any and all records of Defendant pertaining to the accident that is the subject of this matter. Any and all policies of insurance providing insurance coverage to Defendant(s). Any and all policies of insurance providing insurance coverage to Plaintiff. 10. Any and all records of Gallagher Bassett Services, Inc., pertaining to the accident that is the subject of this matter. il Mileage records of Plaintiff (if applicable). 12. Any and all receipts of out-of-pocket expenses of Plaintiff. 13. Photographs of the accident scene. 14, Photographs of Plaintiff injuries. 15. Mortality tables. 16 Life Tables. 17 AMA Guidelines. 18. Any and all radiographs depicting injuries to Plaintiff. 19 Any and all anatomical charts and/or skeletal devices. 20 Any and all reports, charts, drawings, and/or graphs of any witnesses. 21 Any and all enlargements of any exhibits. 22 Any and all demonstrative aids. 23 Any and all interrogatories, answers and exhibits thereto that will be or have been filed in this matter. 24. Any and all deposition transcripts and/or videos that will be or have been filed in this matter. 25 Any and all requests to produce, responses and exhibits thereto that will be or have been filed in this matter. 26 Any and all requests for admissions and responses to requests for admissions that have been filed in this matter. 27. Any and all exhibits listed by Defendant(s). 28 Any and all exhibits listed hereafter and noticed to Defendant(s). 29 Any and all witnesses, lay or expert, listed by the Defendant on any witness list, whose testimony is admissible, even if Defendant subsequently amends its witness list and withdraws a claim or defense or drops a witness. Defendant is on notice that if it names a witness on any disclosure of witnesses required by any Court Order, rule of procedure or agreement, then Plaintiff automatically incorporates that witness onto Plaintiff's witness list. Plaintiff directs Defendant to Bogosian v. State Farm Mut. Auto. Ins. Co., 817 So. 2d 968, 971 (Fla. 3d DCA 2002) and advises that even if Defendant subsequently amends its witness list and drops a witness, then that action shall not drop the witness from Plaintiff's witness list and that witness shall remain on Plaintiff's witness list. To be clear and so there is no surprise, if Defendant lists a witness on its witness list, then that witness is automatically and forever listed on the Plaintiff's witness list and that witness may be called by Plaintiff to testi at trial. 30. Any and all fact witnesses disclosed through discovery who were involved in this investigation of the incident which is the subject of this litigation or otherwise have knowledge of any issues involved in this cause and by virtue of specialized knowledge, skill, experience, training, or education may qualify to give expert opinion testimony. 31 Any and all expert witnesses who, due to the nature of the continuing discovery, may hereafter be retained in anticipation of giving expert opinion testimony at trial, subject to prompt and timely disclosure thereof to Defendants. 32. Any evidentiary or expert witness necessary for photo, diagram, video or other evidentiary authentication, including, but not limited to investigators, journalists, or freelance photographers. 33 Any other applicable expert witness necessary to authenticate any exhibit listed on the Plaintiff's witness and exhibit list. 34 Any and all witnesses discovered after the service of the Joint Pre-Trial Stipulation or omitted from this Joint Pre-Trial Stipulation, whose names and addresses will be promptly provided to opposing counsel. 35. Representatives of any alleged collateral source as raised by the Defendants. Such witnesses may or may not be considered expert, but rather informational within their field of interest. 36. A representative of each medical expense of the Plaintiff or as listed on Plaintiff's Exhibit List. 37. Any applicable records custodian for any record or document listed on the Plaintiff's Exhibit List. CERTIFICATE OF SERVICE I HEREBY CERTIFY that on July 9, 2021, I electronically filed the foregoing with the Clerk of Court by using the Florida Courts e-Filing Portal which will forward a copy to: Kurt M. Spengler, Esq. and Melissa T. Woodward, Esq., Wicker Smith O'Hara McCoy & Ford, P.A., 390 N. Orange Ave., Suite 1000, Orlando, FL 32801, via email at ORLertpleadings@wickersmith.com; MWoodward@wickersmith.com; PNorris@wickersmith.com 4s/ Manuel Stefan, Esq. Manuel “Manny” Stefan, Esq. Florida Bar No.: 0103389 MORGAN & MORGAN, P.A. 4495 South Semoran Blvd. Orlando, FL 32822 Telephone No.: (407) 452-6982 Facsimile No.: (407) 572-0124 Primary email: MStefan@forthepeople.com Secondary email: EDiaz@forthepeople.com Attorney for Plaintiff Filing # 178488740 E-Filed 07/28/2023 03:51:22 PM 92358-5/mtw/18883784 IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR OSCEOLA COUNTY, FLORIDA ZASKIA MERCADO, Plaintiff, CASE NO. 19CA1939-ON vs. CHEDDAR'S CASUAL CAFE, INC., Defendant. / DEFENDANT'S AMENDED EXPERT DISCLOSURES Defendant, CHEDDAR'S CASUAL CAFE, INC., (“Defendant”), by and through its undersigned counsel and pursuant to Florida Rules of Civil Procedure, hereby files this Amended Expert Witness Disclosure and states as follows: 1 Michael Philip Silverstein, M.D. Defendant's Orthopedic Citrus Orthopedic & Joint Institute 950 N. Avalon Way Lecanto, Florida 34461 Dr. Silverstein is a Board Certified Orthopedic Surgeon, who is expected to testify as to Plaintiff's alleged injuries in this case and its relatedness to the incident and subsequent surgeries; the permanency of her injury; reasonableness and necessity of any proposed surgical treatment to Plaintiff; the reasonableness of future medical care and treatment, if any; and Plaintiff's ability to work, and all other damages issues without limitation. Dr. Silverstein’s opinions will be based upon his education, training, experience, and review of pertinent material, including pre and post incident medical records, and the October 29, 2021 Compulsory Medical Examination. Dr. Silverstein’s Curriculum Vitae was previously provided to Plaintiff's counsel. Johnathan Kazam, M.D. Defendants’ Radiologist Orlando Health Jewett Orthopedic Institute 1285 Orange Ave. Winter Park, FL 32789 Dr. Kazam is a Board Certified Radiologist who is expected to testify regarding issues related to causation and damages. Dr. Kazam’s opinions will be based upon his review of the medical records, imaging studies, discovery responses, deposition testimony, as well as his background, training, and experience in the field of radiology. Dr. Kazam’s Curriculum Vitae shall be provided upon receipt. CASE NO. 2019-CA-001939-ON Any and all Rule 1.360 examining physicians of Plaintiff. Any and all treating physicians of Plaintiff. Any and all of Plaintiff's experts. Any and all expert rebuttal witnesses and/or for impeachment purposes. witnesses. Any and all expert witnesses revealed through discovery. Defendant reserves the right to amend this expert witness disclosure as it becomes necessary through discovery. WE HEREBY CERTIFY that a copy hereof has been electronically served via Florida ePortal to: Manuel Stefan, Esquire, mstefan@forthepeople.com, cvictor@forthepeople.com; on this 28th day of July, 2023. /s/ Kurt M. Spengler Kurt M. Spengler, Esquire Florida Bar No. 717665 Melissa T. Woodward, Esquire Florida Bar No. 022143 WICKER SMITH O'HARA MCCOY & FORD, P.A. Attorneys for Defendant Cheddar's Casual Café, Inc 390 N. Orange Ave., Suite 1000 Orlando, FL 32801 Phone: (407) 843-3939 Fax: (407) 649-8118 ORLertpleadings@wickersmith.com -2- Filing # 131103764 E-Filed 07/21/2021 11:40:58 AM 92358-5/mtw/12257535