Motion for Protective Order in Frazao Pedro Vs Galvez Manuel| Trellis.Law

On January 10, 2020 a Motion-Secondary was filed involving a dispute between Pedro Frazao, and 0 Abc Corporations 1-1, John Does 1-10, Manuel Galvez, St. Paul Protectiveinsurance, for Personal Injury in the District Court of Essex County.

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Misbahul Fatima, Esq. - 246862017
LAW OFFICES OF JAMES H. ROHLFING
445 South Street, Morristown, NJ
Mailing address: P.O. Box 2903, Hartford, CT 06104-2903
973-631-7346 ǀ F: 855-857-9822
Attorney for Defendant, St. Paul Protective Insurance Company
File No.: 2020018109-E-MF

PEDRO FRAZAO, Superior Court of New Jersey
Plaintiff, LAW DIVISION: ESSEX COUNTY
vs. DOCKET NO.: ESX-L-267-20

MANUEL GALVEZ; ST. PAUL PROTECTIVE CIVIL ACTION
INSURANCE COMPANY; JOHN DOES 1 - 10;
ABC CORPORATIONS 1- 10, OPPOSITION TO PLAINTIFF’S MOTIONS
IN LIMINE
Defendants.

TO: The Honorable Annette Scoca
History Courthouse
470 Martin Luther King Jr. Blvd, 1st Floor
Newark, NJ 07201

CC: Lazaro Berenguer, Esq.
Clark Law Firm, PC
811 Sixteenth Avenue
Belmar, NJ 07719

Dear Judge Scoca,

Please accept the following letter brief in lieu of a more formal opposition to plaintiff’s

motions in limine.

As to Plaintiff’s Motion in Limine #1, wherein Plaintiff seeks to bar prior and subsequent

accidents, Plaintiff represented to Dr. Michael Meese on October 5, 2020 that he had not been

involved in prior accidents. (See Exhibit A – Dr. Meese’s December 14, 2020 Report, at page 2

and Exhibit B – Dr. Meese’s De Benne Esse Transcript, at 1T46:14-47:9). However, in both his

records to treating doctors and in his deposition, plaintiff testified that he had been involved in at

least three prior accidents. (See Exhibit C – Plaintiff’s Deposition Transcript, at 2T54:14-
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1T60:3). This defendant does not object to Plaintiff’s request that these prior accidents cannot be

used to imply or speculate a link to Plaintiff’s current condition. However, they should be allowed

for the limited purpose of confronting Plaintiff. See N.J.R.E. 607 (stating in pertinent part that a

“[f]or the purpose of attacking or supporting the credibility of a witness, any party including the

party calling the witness may examine the witness and introduce extrinsic evidence relevant to the

issue of credibility”); See also Allendorf v. Kaiserman, 266 N.J. Super. 662, 674 (App. Div. 1993)

(concluding “the evidence that plaintiff had episodes of passing out prior to the accident was

admissible for the purpose of impeaching the credibility of her testimony that she was ‘in perfect

health’ and had never had ‘any problem with blacking out’ prior to the accident”). As such, this

defendant requests the jury should be able to hear about plaintiff’s prior accidents in the limited

capacity that they were not reported to Dr. Meese.

As to Plaintiff’s Motion in Limine #2, wherein Plaintiff moves to permit future medical

expenses, costs associated with any future treatments are speculative. Speculation is avoided only

if there is some basis in the evidence admitted at the trial that in “reasonable probability” such

treatments may be required. Coll v. Sherry, 29 N.J. 166, 174-175 (1959). “This is, of course,

subject to the countervailing requirement that a plaintiff is under a duty to mitigate damages if

such a future operation or treatment is necessary.” Pitti v. Asteghar, 133 N.J. Super. 145, 148

(Law Div. 1975).

Here, Plaintiff cannot provide evidence that the future medical expenses are reasonably

probable. None of plaintiff’s treating doctor’s have recommended physical therapy or surgery,

which are the only future treatments for which Dr. Meese provides a cost of estimate. Exhibit B,

at 1T36:23-37:15. Dr. Meese by his own admission testified that physical therapy was never

recommended, bracing was never recommended, and surgery would be an “extreme” option or a
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“last resort.” Ibid. at 1T77:22-78:8 and 1T79:2-5. Further, plaintiff has failed to mitigate the

damages by not seeking any future treatment. The records exchanged in discovery point to

February 24, 2021 as the last date of treatment for plaintiff. For nearly, one and a half years,

plaintiff has not sought the future treatment Dr. Meese, his non-treating doctor, has predicted.

Additionally, plaintiff has not exhausted PIP of $250,000 in this matter. (See Exhibit D –

Plaintiff’s Insurance Policy Declaration Page). A recent amendment to the New Jersey No Fault

Statutes, N.J.S.A. 39:6A-12, states in pertinent part that “all uncompensated medical expenses not

covered by personal injury protection limits applicable to the injured party.” All cases cited by

Plaintiff are inapplicable, in that they deal with situations in which medical bills exceed the amount

of PIP available.

Plaintiff also indicates there is a two-year statute of limitation to commence an action for

payment of benefit commencing after the last payment of benefits. Not only does that have no

bearing on the admissibility of medical expenses, but plaintiff does not provide any proof as to

whether two years have elapsed since the last payment of benefits. To our knowledge, it has not.

Even if it has, “when a carrier has made PIP payments in connection with a compensable injury

and is chargeable with knowledge at the time of its last payment that the injury will probably

require future treatment, then the ‘two-year after payment’ provision of N.J.S.A. 39:6A-13.1 will

not bar an action brough within a reasonable time after rejection of a prompt claim for payment of

additional medical expenses for such treatment.” Zupo v. Can Ins. Co., 193 N.J. Super. 374, 384

(App. Div. 1984). The Appellate Court in Zupo further clarified that the PIP forum is where an

insured should seek payment “if an insured suffered from a medical problem requiring continuing

treatment.” If the Court were to allow future medical expenses, it would be allowing Plaintiff to

circumvent the purpose of the No-Fault Statute and seek relief in an improper forum.
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Further all future medical expenses are subject to condition. First, we cannot predict which

of these expenses will be covered by Plaintiff’s healthcare or other possible sources. See N.J.S.A.

2A:15-97. Second, all future expenses are subject to the New Jersey Fee Schedule and usual and

customary rates as applicable, the reasonableness of which is to be determined once again by the

PIP carrier. N.J.S.A. 39:6A-4.6(c); N.J.A.C. 11:3-29.1; and N.J.A.C. 11:3-29:4. At this time,

with Plaintiff’s future treatment being speculative at best, there is no way to know how much of

these bills Plaintiff will truly be responsible for. Therefore, the exaggerated numbers provided by

Dr. Meese will only serve to confuse and mislead the jury.

Moreover, the monetary figure provided by Dr. Meese regarding Plaintiffs approximated

future medical costs is net opinion under Rule 703, which requires and expert’s opinion to be

based on “facts, data, or another expert’s opinion, either perceived by or made known to the expert,

at or before trial.” The net opinion rule provides that an expert's “bare conclusions, unsupported

by factual evidence” are inadmissible. Kaplan v. Skoloff & Wolf, P.C., 339 N.J. Super 97, 102

(App. Div.2001) (quoting Buckelew v. Grossbard, 87 N.J. 512, 524 (1981)). Opinion testimony

“must relate to generally accepted standards, not merely to standards personal to the witness.”

Taylor v. DeLosso, 319 N.J. Super 174, 180 (App. Div. 1989) (quoting, Fernandez v. Baruch, 52

N.J. 127, 131 (1968)).

The Appellate Division provided a concise explanation of net opinion by an expert witness

in Grzanka v. Pfeifer, 301 N.J. Super. 563 (App. Div. 1997), where it noted that the “net opinion

rule is a prohibition against speculative testimony” and restates the established rule that “an

expert's bare conclusions, unsupported by factual evidence, [are] inadmissible.” Id. at 580-581.

In essence, the net opinion rule requires an expert witness to “give the why and wherefore” of his
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expert opinion, not just merely a conclusion. Jiminez v. GNOC, Corp., 286 N.J. Super. 533

(App. Div. 1996)

Dr. Meese provides no explanation of how he came to the approximated figure for the cost

of Plaintiff's future medical treatment. Dr. Meese does not cite any fact or data that support his

approximation of Plaintiff's future medical costs. He does not refer to any item of data or

information that he relied upon in settling on a monetary figure for the cost of any discrete item of

medical care or the total figure. He does not state whether he is considering the amounts that his

practice usually charges for certain medical services associated with the listed procedures, the fee

schedule amount for listed services, the amount that Medicare typically pays for certain services,

or amounts for services listed in some other source. Moreover, he does not even suggest that he

has any basis in experience to know the usual amount charged for physical therapy services which

are outside his area of medical practice.

The purpose of expert testimony is to have an expert with specialized knowledge “assist

the trier of fact to understand the evidence or to determine a fact in issue.” N.J.R.E. 702. Put

another way, the function of an expert is to provide the jury with necessary information so that

they do not have to guess. With his approximation of future medical costs, Dr. Meese has inverted

the role of the expert. The provided figure gives the jury no functional information; rather, it gives

them a monolithic number of unclear significance that can only act as an extra variable when the

jury, no wiser about the cost of Plaintiffs various potential future treatments, is left to guess at what

doctors charge for various services. This is precisely the sort of unsupported net opinion

that N.J.R.E. 703 was designed to exclude at trial. Given the totality of issues with presenting a

jury with testimony as to future medical bills, this Defendant respectfully requests Plaintiff’s

motion in limine permitting them be denied. If this court finds that testimony regarding future
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medical expenses should be barred, this defendant also requests redacting Dr. Meese’s testimony

to same. Exhibit B, at 1T36:23-37:15.

As to Plaintiff’s Motion in Limine #3, wherein Plaintiff seeks to bar evidence about when

Plaintiff went to a lawyer and whether his attorney referred him to any medical providers, there is

no objection.

As to Plaintiff’s Motion in Limine #4, wherein Plaintiff seeks to bar our defense expert

from giving opinion about secondary gain and that plaintiff is malingering of exhibiting symptom

magnification, there is no objection.

As to Plaintiff’s Motion in Limine #5, wherein Plaintiff seeks to bar reference to defense

expert as “independent,” Defendant finds no prejudicial value as to this reference. Plaintiff’s own

expert referred to his exam as being “independent” and described to the jury what that means in

his de bene esse. See Exhibit B, at 1T41:11-42-6. Defense expert is anticipated to do same.

Therefore, a jury will not be confused as to whether either expert is an “impartial” expert appointed

by the Court. The term “impartial” is not equivalent to “independent.” Plaintiff also wrongfully

states that the Appellate Division has decided the issue of whether or not defendant can refer to

their medical experts as “independent.” None of the cases plaintiff cites after the broad statement

that “the Appellate Division has held that defendant’s medical experts may bot be referred to as

‘independent’ medical experts” even address the term “independent.” As such, plaintiff has no

basis to bar defense expert from being referred to as “independent.”

As to Plaintiff’s Motion in Limine #6, wherein Plaintiff seeks permission to refer to, read

and play portions of trial testimony in summations, there is no objection so long as the information

relayed to the jury is not out of context or incomplete.
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As to Plaintiff’s Motion in Limine #7, wherein Plaintiff seeks to bar testimony as to

plaintiff selecting cheaper insurance coverage, there is no objection.

As to Plaintiff’s Motion in Limine #8, wherein Plaintiff seeks to bar defense counsel from

referring to plaintiff’s doctor as a attorneys and/or doctors as “spin doctors” or from inferring that

awarding plaintiff damages is equivalent of a “lottery” or a “jackpot”, there is no objection.

As to Plaintiff’s Motion in Limine #9, wherein Plaintiff seeks to bar Defendant from

soliciting testimony or evidence regarding motor vehicles summons, there is no objection as

liability is stipulated.

Respectfully Submitted,
LAW OFFICES OF JAMES H. ROHLFING
Attorneys for Defendant St. Paul Protective
Insurance Company

________________________________
By: Misbah Fatima
Dated: September 21, 2022
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EXHIBIT
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EXHIBIT
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Transcription

1 M. Meese, M.D. - Cross
2 Q. Okay. And it states in your report

3 that Mr. Frazao denied any previous accidents.
4 Correct?

5 A. If I just may look at the report.

6 Yes.
7 Q. Okay. And it's important for you to
8 know the history of a patient. Correct?

9 A. Yes.
10 Q. And the history of your patient is

11 different for each patient; that's why it's

12 important. Correct?

13 A. Yes.

14 Q. So, did Mr. Frazao ever tell you he

15 was struck in the left shoulder with a nail gun a

16 few years ago?
17 A. No, he did not.

18 MR. BERENGUER: Just note my

19 objection to that for the record.

20 It's an irrelevant injury to

21 the left shoulder. Plaintiff is not claiming any

22 left shoulder injuries in this matter.
23 BY MS. FATIMA:

24 Q. And did he mention that there's still

25 a piece of metal embedded in his left shoulder

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Transcription

1 M. Meese, M.D. - Cross
2 from that accident, Dr. Meese?

3 A. No -- no, he did not.
4 Q. Did he tell you on a different

5 occasion a metal bar fell on him from -- at work?

6 A. No.
7 Q. And did he tell you about ten years
8 ago, his car slid on ice and hit a tree?

9 A. No.
10 MR. BERENGUER: Just note my

11 objection for the record.

12 BY MS. FATIMA:

13 Q. In the same section of your report,

14 the history of Mr. Frazao's present illness, he

15 reported this accident to you. Correct?

16 A. Yes.
17 Q. He reported that the police came to

18 the scene of this accident. Correct?

19 A. Yes.

20 Q. And then he reported he didn't go in

21 an ambulance. Correct?

22 A. Correct.
23 Q. And the reason he states for that is,

24 quote, he did -- not realizing he was seriously

25 injured. Correct?

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Transcription

1 M. Meese, M.D. - Direct
2 permanent in nature.

3 The natural history is that
4 this doesn't get -- when I say "this," I say the

5 injuries. They generally don't improve over

6 time. They tend to get worse over time. And
7 that would determine what is done next, his
8 symptoms: how he feels, what he describes, and

9 what he reports. And that will include the
10 possibility of getting additional tests such as

11 x-rays, CAT scans, MRIs, discograms, other

12 procedures, EMG nerve conduction studies to help

13 evaluate the status of his condition. And then

14 treatment would be rendered depending upon the

15 results of those tests and his present symptoms.

16 And that treatment can include something simple
17 like going to the chiropractor, wearing a support

18 or a brace, taking an anti-inflammatory such as

19 Motrin or Advil to more advanced stages,

20 including invasive treatment such as giving

21 steroid injections to the spine and possibly

22 surgery.
23 Q. And how much would this treatment

24 cost?

25 A. The surgery typically for this type

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Transcription

1 M. Meese, M.D. - Direct
2 of injury would include a discectomy and a

3 fusion, which ranges between a hundred and 50 and
4 $200,000.

5 Q. And will he need that both for his

6 neck and his lumbar spine?
7 A. If his symptoms and the test results
8 indicate that, that would imply -- apply to both

9 his neck and back injuries. Yes.
10 Q. And what would be the estimated cost

11 of physical therapy and bracing, as noted in your

12 report?

13 A. A period of therapy would range

14 somewhere around $25,000, and a brace in the

15 range of 100, 200 -- I'm sorry. 1,000 to $2,000.

16 Q. Doctor, are there any long-term
17 effects for Pedro because of the injuries he

18 suffered from this crash?

19 A. Yes. Because of the findings on the

20 CAT scan at the time that they were performed,

21 he's at risk for progression of this condition,

22 which would lead to other problems such as the
23 development of post-traumatic arthritis, which

24 would lead to increasing symptoms, including pain

25 in his neck and back, stiffness, radicular

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Transcription

1 M. Meese, M.D. - Cross
2 A. Not to my knowledge, no.

3 Q. To your knowledge, have any of his
4 treating doctors recommended a discogram?

5 A. Not to my knowledge.

6 Q. You go on to state that treatment
7 options range from conservative measures to
8 surgical intervention. Correct?

9 A. Yes.
10 Q. And you list as conservative measures

11 physical therapy, bracing, and medical injections

12 such as steroid injections. Correct?

13 A. Yes.

14 Q. To your knowledge, has Mr. Frazao

15 ever gotten physical therapy as a result of this

16 accident?
17 A. I'm sorry. Repeat the question?

18 Q. To your knowledge, has Mr. Frazao

19 ever undergone physical therapy as a result of

20 this accident?

21 A. Just his chiropractor treatment.

22 Q. And to your knowledge, he was never
23 prescribed physical therapy as a result of this

24 treatment. Correct?

25 A. Correct.

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Transcription

1 M. Meese, M.D. - Redirect
2 Q. To your knowledge, does

3 Mr. Frazao -- did Mr. --
4 No, sorry, scratch that.

5 To your knowledge, did

6 Mr. Frazao ever wear any prescription braces for
7 this accident?
8 A. Not that I'm aware of.

9 Q. To your knowledge, Mr. Frazao was not
10 prescribed any of these bracing by his doctors.

11 Correct?

12 A. Not that I'm aware of.

13 Q. To your knowledge, Mr. Frazao never

14 underwent steroid injection for this accident.

15 Correct?

16 A. Correct.
17 Q. And to your knowledge, Mr. Frazao was

18 not prescribed steroid injection by his treating

19 doctors. Correct?

20 A. Correct.

21 Q. So, you would agree with me that the

22 time you listed these treatment options,
23 Mr. Frazao had not undergone all of the

24 conservative treatment you listed. Correct?

25 A. Correct.

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Transcription

1 M. Meese, M.D. - Redirect
2 Q. And you agree that a surgery for

3 cervical and lumbar spine would be reserved as a
4 last resort. Correct?

5 A. Yes.

6 Q. Yet Mr. Frazao had not tried all of
7 the other treatment modalities. Correct?
8 A. Correct.

9 MS. FATIMA: That's all my
10 questions.

11 THE VIDEOGRAPHER: The time

12 is now 11:05.

13 Going off the video record.

14 (Discussion was held off the

15 record.)

16 THE VIDEOGRAPHER: The time
17 is now 11:07.

18 We're back on the video

19 record.

20 - - -

21 REDIRECT EXAMINATION

22 - - -
23 BY MR. BERENGUER:

24 Q. Dr. Meese, I just have a few

25 follow-up questions.

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Transcription

1 M. Meese, M.D. - Cross
2 - - -

3 CROSS-EXAMINATION
4 - - -

5 BY MS. FATIMA:

6 Q. Hello, Dr. Meese.
7 A. Good morning.
8 Q. I just want to point your attention

9 to the beginning of your report of December 14,
10 2020.

11 You indicate that this was an

12 independent medical examination. Correct?

13 A. Yes.

14 Q. And can you define for the jurors

15 what independent medical examination means?

16 A. Sure. So, as I described, my routine
17 practice, I see a hundred patients a week that I

18 treat and take care of and operate on two days a

19 week.

20 In addition to that part of

21 my practice, which is almost all my practice, I

22 have a small part of my practice where I see
23 patients that I don't treat and operate on. And

24 technically not my patients, but I do see them

25 and evaluate them in cases like this, such as

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Transcription

1 M. Meese, M.D. - Cross
2 Pedro's case, where Pedro is not my patient but I

3 evaluated him, as well as the medical records
4 independently. So, I saw him for the purpose of

5 an independent medical evaluation, not as one of

6 my own treating patients.
7 Q. Okay. But there were providers who
8 treated Mr. Frazao, to your knowledge, multiple

9 times. Correct?
10 A. Yes.

11 Q. And these providers included a

12 chiropractor. Correct?

13 A. Yes.

14 Q. And a neurologist. Correct?

15 A. Yes.

16 Q. But you only examined Mr. Frazao one
17 time, on -- I believe the date is October 5th,

18 2020. Correct?

19 A. That's correct.

20 Q. Okay. And then in writing your

21 report from that examination, your intention was

22 to be unbiased. Correct?
23 A. Yes.

24 Q. And you were paid for this

25 independent medical examination?

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EXHIBIT
C
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Page 54
1 A At this moment, all the things
2 that we spoke of, I can't remember any other
3 things at this moment.
4 Q I understand. I'm going to ask
5 you about prior accidents and worker's
6 compensation history. Do you want to take a
7 break at this time or do you just want to
8 continue?
9 A Yes, we can take a minute,
10 please.
11 Q Sure, no problem.
12 (Whereupon, there is a short
13 break.)
14 Q So, Mr. Frazao, prior to this
15 accident, have you ever been in another
16 automobile accident?
17 A Yes, ma'am.
18 Q And when was that?
19 A Many, many years ago, maybe ten
20 years or more ago.
21 Q Were you the driver of that
22 vehicle?
23 A Yes, ma'am.
24 Q And what happened?
25 A I don't remember very well, but

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Page 55
1 there was ice on the road and the car slid out of
2 control and it hit a tree. But since I had a
3 huge metal bar in the front in my car, there was
4 no damage to the car, nor the tree, nor to me.
5 Q Was there any other vehicle
6 involved or was it just yours?
7 A It was just mine.
8 Q So, you didn't obtain any
9 injuries as a result of this accident?
10 A No, ma'am.
11 Q Did you ever seek medical
12 treatment for this accident?
13 A No, ma'am.
14 Q I'm presuming you also never had
15 an open litigation on this matter?
16 A No, no, ma'am.
17 Q Have you ever been involved in
18 any other automobile accident?
19 A That I remember, no.
20 Q Have you had a worker's
21 compensation claim before this? That's if you
22 get injured on the job.
23 A If I understood the question,
24 I've never done any sue or lawsuit to anyone.
25 Q Were you ever injured on the

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Page 56
1 job?
2 A 20 years ago I had like a cut in
3 my arm, and I got like three stitches, and that
4 was it. But that was more than 20 years ago, and
5 nothing came of it.
6 Q Where were you working when you
7 got that cut in your arm?
8 A I was working for Busy Boys, and
9 I was working at a school in Newark.
10 Q Where did you get the cut, at
11 Busy Boys or at school?
12 A It was inside the school.
13 Q How did you get the cut?
14 A Somebody let a piece of metal
15 fall and they got my arm and it cut me a little
16 bit.
17 Q You recall at all where the
18 piece of metal fell?
19 A I was working on the first floor
20 and it fell from the second floor.
21 Q Did you seek any medical
22 treatment aside from the stitches?
23 A I went to the hospital. They
24 gave me, they did the stitches. They told me not
25 to work for like 15 days. I just followed their

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Page 57
1 instructions, but I don't remember anything else.
2 Q Do you recall what hospital you
3 went to?
4 A In Newark, I don't remember the
5 name.
6 Q Did you get any type of physical
7 therapy or chiropractor for that injury?
8 A No, ma'am.
9 Q Do you recall the questions and
10 answers I showed you earlier which you certified
11 as your answers?
12 A I remember what you showed me,
13 but I don't remember what's in there.
14 Q So, there are questions and
15 answers that you have, you have provided with
16 answers already.
17 A Okay.
18 Q So, that makes a mention of a
19 prior work incident where there was a nail gun
20 involved. Do you recall that?
21 A I remember, and I mentioned it a
22 little bit ago, but I think that wasn't, it
23 wasn't heard.
24 Q I apologize, what do you mean
25 you mentioned it?

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Page 58
1 THE INTERPRETER: I think, well,
2 he's addressing the interpreter. That he
3 responded before, but I think it wasn't heard.
4 He said that there was a cut in my arm, but also
5 a nail in my shoulder. But I think that wasn't
6 heard.
7 Q So, that happened at the same
8 school?
9 A No, ma'am, but it also happened
10 around 20 years ago.
11 Q Where did that happen?
12 A Working for the same company in
13 a house in Livingston, if I'm not wrong.
14 Q What company is that?
15 A Busy Boy.
16 Q So, the cut in the arm happened
17 at the Newark school, and the nail gun incident
18 happened at Busy Boys?
19 A I'm going to answer clearly.
20 So, I worked for busy boys when I got the cut in
21 my arm, and I also worked for busy boys when I
22 got this injury in Livingston.
23 Q Okay. What arm was the cut?
24 A Left arm.
25 Q And what arm or shoulder was the

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Page 59
1 nail gun?
2 A The left side.
3 Q Can you describe what happened
4 with the gun?
5 A A gentleman was working with the
6 gun, the nail broke and the piece of the nail hit
7 me on the shoulder.
8 Q What treatment did you get for
9 that?
10 A They went to the hospital, they
11 tried to clean it out. But they said since it
12 was very deep that, and it was a very small
13 piece, that it wouldn't make a big difference to
14 leave it in there.
15 Q Was that the only type of
16 treatment you received for that?
17 A At the time they gave me
18 something for the pain. I followed all the
19 instructions, and that was it.
20 Q Have you ever felt pain in your
21 left shoulder from this staple?
22 A I never felt pain. I took the
23 medication, but I never felt pain. Until today,
24 I've never felt pain.
25 Q Any other prior automobile

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Page 60
1 accidents or accidents that happened on the job
2 that you want to report at this time?
3 A No, none that I remember.
4 Q Just a couple of more questions
5 on your injuries from this accident. I just
6 wanted to clarify. When you say your upper back
7 hurts, is it closer to the neck?
8 A The upper part is the part
9 that's closest to the neck, yes, ma'am.
10 Q Is it on your right side, your
11 left side or both?
12 A In the upper part, it's in the
13 middle that I have the pain.
14 Q Does it travel anywhere, either
15 down your arm or up to your head?
16 A So, in the head, it goes to the
17 left side of the head, to the left side of the
18 head, and that's when I have headaches. Into the
19 arms, I'm not a doctor, I can't respond, but when
20 they fall asleep, they become numb at night when
21 I'm sleeping.
22 Q Which arm is that?
23 A It's inconsistent, it's not
24 always, and it's in both arms.
25 Q Okay. As for your lower back

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(973) 285-0411
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EXHIBIT
D
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Automobile Policy Declarations
1. Named Insured Your Agency’s Name and Address
PEDRO FRAZAO TAESCHLER\PAUL T & ASSOC
18 PALOMINO TRL 1122 RTE 22 W
VERNON, NJ 07462-3144 MOUNTAINSIDE, NJ 07092
Your Auto Policy Number 996577746 206 1 For Policy Service 1-908-789-1155
Your Account Number 996577746 For Claim Service 1-800-252-4633
For Roadside Assistance 1-800-252-4633

2. Premium
This is change number 2, which is effective October 27, 2018.
* This change causes no additional or return premium for the policy period.
* The policy period is from October 27, 2018 to October 27, 2019.
* These Declarations replace all prior Automobile Policy Declarations on the date on which this change is
effective.

3. Your Vehicles Identification Numbers
1. 2016 TOYOT TACOMA ACC 5TFSZ5ANZGX039699

4. Coverages, Limits of Liability and Premiums
Insurance is provided only where a premium entry is shown for the coverage. The premium entry “Incl” or “Pkg”
means the premium charge is included in the premium for another coverage or a package.
VEHICLE 1

16 TOYOT
TACOMA ACC

A. Bodily Injury
$100,000 each person
$300,000 each accident

B. Property Damage
$50,000 each accident

D1. Uninsured And Underinsured Motorists Bod
Injury
$100,000 each person
$300,000 each accident

D2. Uninsured and Underinsured Motorists Pro
Damage
$50,000 each accident

Q. Personal Injury Protection:
Full PIP Primary Coverage
Limitation on Lawsuit Option
Medical Expenses Limit $250,000
Deductible $250

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4. Coverages, Limits of Liability and Premiums (continued)
Insurance is provided only where a premium entry is shown for the coverage. The premium entry “Incl” or “Pkg”
means the premium charge is included in the premium for another coverage or a package.

VEHICLE 1

16 TOYOT
TACOMA ACC

E. Collision
Actual Cash Value less
$500 deductible

F. Comprehensive
Actual Cash Value less
$500 deductible

Glass Deductible
See Endorsement E1OCW02 (01-15)
$50 deductible

Extended Transportation Expenses
See Endorsement E1MCW01 (10-13)
$30 per day/$900 maximum

Personal Property Coverage
See Endorsement E1VCW01 (10-13)
$500 limit

Roadside Assistance Coverage
See Endorsement E1RCW02 (10-13)
Up to 100 miles per disablement

Trip Interruption Coverage
See Endorsement E1SCW01 (10-13)

Package Premiums^

Premier Roadside Assistance

Subtotal for your vehicle(s):

Total Premium for This Policy:
NJ PLIGA Surcharge** Assessment:

Total Premium for this Policy including assessment:

This is not a bill. You will be billed separately for this transaction.
^ The Premier Roadside Assistance Package consists of Roadside Assistance Coverage, Trip Interruption Coverage, and Personal Property
Coverage endorsements.

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Named Insured PEDRO FRAZAO Policy Number 996577746 206 1
Policy Period October 27, 2018 to October 27, 2019 Issued On Date November 18, 2018

5. Information Used to Rate Your Policy
Discounts
Safe Driver Discount
5 Years Accident and Violation Free
Home Ownership Discount
Good Payer Discount
Continuous Insurance Discount
Early Quote Discount
New Car Discount 16 TOYOT
Anti-Theft Discount 16 TOYOT

Your Total Savings Reflected in Your Total Premium:

Drivers Date of Birth Gender Marital Status Driver Type
1. PEDRO 11-21-1976 Male Single Licensed

Vehicles Use of Vehicle Mileage Location of Vehicle
1. 16 TOYOT TACOMA ACC Commute Not Verified VERNON, NJ
If any of the information above is incorrect or has changed, please notify your Travelers representative immediately.

6. Other Information
Your Insurer
ST. PAUL PROTECTIVE INSURANCE COMPANY
385 WASHINGTON STREET, ST. PAUL, MN 55102

Additional Insured – See Endorsement E1CCW02 (10-13)

16 TOYOT TACOMA ACC JP MORGAN CHASE BANK
VIN # 5TFSZ5ANZGX039699 PO BOX 9011098
FORT WORTH, TX 76701

Lienholder/Loss Payees Information
16 TOYOT TACOMA ACC JP MORGAN CHASE BANK
VIN # 5TFSZ5ANZGX039699 PO BOX 9011098
FORT WORTH, TX 76701
LOAN #

Policy Coverage Sections and Endorsements That Form a Part of This Policy:
G01NJ01 (04-17) General Provisions Section
L01NJ02 (04-17) Liability Coverage Section
Q01NJ01 (08-15) Personal Injury Protection Coverage Section
U01NJ02 (04-17) Uninsured and Underinsured Motorists Coverage Section
P01NJ01 (08-15) Damage To Your Auto Coverage Section
S01CW01 (10-13) Signature Page
E1CCW02 (10-13) Additional Insured
E1MCW01 (10-13) Extended Transportation Expenses

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6. Other Information (continued)
Policy Coverage Sections and Endorsements That Form a Part of This Policy:
E1OCW02 (01-15) Glass Deductible
E1RCW02 (10-13) Roadside Assistance Coverage
E1SCW01 (10-13) Trip Interruption Coverage
E1VCW01 (10-13) Personal Property Coverage

Issued on 11/18/2018

FOR YOUR INFORMATION
For information about how Travelers compensates independent agents and brokers, please visit
www.Travelers.com or call our toll free telephone number 1-866-904-8348. You may also request a written copy
from Marketing at One Tower Square, 2GSA, Hartford, Connecticut 06183.

It is important that the information we used to rate your policy is correct. It is your responsibility to make sure that
the information on these Declarations is accurate and complete, including checking that you are receiving all the
discounts for which you are eligible. To see a full list of discounts offered, including discounts for having multiple
policies with us or being a good driver, go to www.travelers.com/discounts. Once at the website, type in your
policy number 9965777462061 and product code QA2 to view the discounts available. If any of the information
on the Declarations has changed, appears incorrect, or is missing, please advise your Travelers agent or
representative immediately. Your Travelers agent or representative is also available to review the information on
the Declarations with you.

** New Jersey Property-Liability Insurance Guaranty Association Surcharge.

*Coverage limits are lower in certain circumstances. Please refer to the Limit of Liability Section of Uninsured and
Underinsured Motorists Coverage Section.

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Case Info

Judge

ADUBATO, LISA Track Judge’s New Case

Case No.

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Document Filed Date

September 21, 2022

Case Filing Date

January 10, 2020

County

Parties

0 Abc Corporations 1-1 Defendant
Andrew I Tealer Attorney for the Defendant
John Does 1-10 Defendant
John Does 1-10 Defendant
Kristen M Bloschak Attorney for the Defendant
Lazaro Berenguer Attorney for the Plaintiff
Manuel Galvez Defendant
Misbahul Fatima Attorney for the Defendant
Pedro Frazao Plaintiff
St. Paul Protectiveinsurance Defendant
MICHAEL PALMA Attorney
James Heller Attorney
THOMAS COMER Attorneys for Plaintiffs
ANTHONY MURGATROYD Attorneys for Plaintiffs
THOMAS ZAMMATORE Attorneys for Defendants

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Motion-Secondary: Frazao Pedro Vs Galvez Manuel

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