Filing # 167445636 E-Filed 02/23/2023 04:52:13 PM
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`IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT
`IN AND FOR HILLSBOROUGH COUNTY, FLORIDA
`CIVIL DIVISION
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`MEIBEL SABOYA DIAZ,
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`vs.
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`SEAWORLD PARKS &
`ENTERTAINMENT LLC, D/B/A
`BUSCH GARDENS,
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`Plaintiff,
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`Defendant.
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`CASE NO.: 2023-CA-000499
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` DIVISION: E
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`DEFENDANT SEAWORLD PARKS & ENTERTAINMENT LLC’S
`FIRST REQUEST TO PRODUCE TO PLAINTIFF MEIBEL SABOYA DIAZ
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`Defendant SeaWorld Parks & Entertainment LLC requests Plaintiff Meibel Saboya Diaz
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`to produce for inspection and copying each of the following:
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`REQUEST FOR PRODUCTION NO. 1:
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`Duplicate negatives of all photographs taken the day of the subject alleged incident. If the
`photos were taken by a digital camera, produce duplicates of the original photographs without
`modifications.
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`REQUEST FOR PRODUCTION NO. 2:
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`Duplicate negatives of all photographs, videotapes or films of the scene of the subject
`alleged incident, of the Plaintiff Meibel Saboya Diaz in her injured condition, of any re-enactment
`of the incident, or any photographs, videotapes or films that relate to the subject accident. If the
`photos were taken by a digital camera, produce duplicates of the original photographs without
`modifications.
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`REQUEST FOR PRODUCTION NO. 3:
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`All medical bills, including, but not limited to, bills from doctors, hospitals, prescriptions,
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`therapists and ambulance service, that are related to damages allegedly suffered as a result of the
`subject alleged incident.
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`REQUEST FOR PRODUCTION NO. 4:
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`Hospital records, including x-rays, concerning all hospitalizations which Plaintiff Meibel
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`Saboya Diaz claims resulted from the subject alleged incident.
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`REQUEST FOR PRODUCTION NO. 5:
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`Medical reports, x-rays, opinions, or other written memoranda from doctors, nurses, or
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`other medical practitioners, or expert witnesses containing information concerning the injuries
`and/or damage allegedly sustained by Meibel Saboya Diaz as a result of the subject alleged
`incident.
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`REQUEST FOR PRODUCTION NO. 6:
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`Records of Plaintiff Meibel Saboya Diaz for any medical treatment, or any hospitalizations
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`within the twenty (20) years immediately preceding the date of the subject alleged incident.
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`REQUEST FOR PRODUCTION NO. 7:
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`All receipts, bills, cancelled checks, statements or other documents representing expenses
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`incurred as a result of the accident and injuries complained of by Plaintiff other than the medical
`bills previously requested.
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`REQUEST FOR PRODUCTION NO. 8:
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`All bills, records, reports or documentary evidence of any kind concerning any psychiatric,
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`psychological and/or personal counseling care rendered to Plaintiff within twenty (20) years
`immediately preceding the date of the subject alleged incident.
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`REQUEST FOR PRODUCTION NO. 9:
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`All bills, records, reports or documentary evidence of any kind concerning any psychiatric,
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`psychological and/or personal counseling care rendered to Plaintiff from the date of the subject
`alleged incident to the present.
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`REQUEST FOR PRODUCTION NO. 10:
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`All settlement documents, releases, indemnity agreements or hold harmless agreements of
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`any kind dealing with the damages you allege as a result of the subject alleged incident.
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`REQUEST FOR PRODUCTION NO. 11:
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`All papers, receipts, bills or written documents of any kind which evidence any monies
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`expended by you or anyone on your behalf, for services which normally would have been
`performed by you, had the injuries which you allege in the subject alleged incident not occurred.
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`2
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`REQUEST FOR PRODUCTION NO. 12:
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`All papers, receipts, bills or written documents of any kind which evidence expenses other
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`than physicians or hospital bills allegedly incurred as a result of the subject alleged incident,
`including but not limited to those for orthotic devices, crutches, household expenses, etc.
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`REQUEST FOR PRODUCTION NO. 13:
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`Income tax returns for Plaintiff, including joint returns, for the years 2014 to the present,
`including W-2 forms, or, in the alternative, completed Forms 4506, Request for Copy or Transcript
`of Tax Form, which are attached hereto, so that the undersigned may obtain said information and will
`provide you with a copy of same once received.
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`REQUEST FOR PRODUCTION NO. 14:
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`Each item of tangible evidence that was removed from the scene of the subject alleged
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`incident that you have in your possession.
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`REQUEST FOR PRODUCTION NO. 15:
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`A copy of any and all policies of insurance that may provide benefits or coverage to the
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`Plaintiff and/or any of the parties involved in this action for any claimed injury or damage resulting
`from the subject alleged incident, including but not limited to disability and/or health.
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`REQUEST FOR PRODUCTION NO. 16:
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`All claims forms, applications for benefits and written documents of any kind which
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`evidence application for, receipt of or claim for health, disability or other insurance benefits
`allegedly necessitated by the subject alleged incident.
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`REQUEST FOR PRODUCTION NO. 17:
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`A copy of all pleadings, discovery or other materials compiled pertaining to any lawsuit,
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`worker’s compensation claim, insurance claim or other claim involving Plaintiff.
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`REQUEST FOR PRODUCTION NO. 18:
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`REQUEST FOR PRODUCTION NO. 19:
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`All documentation relating to any claim from any insurance company relating to previous
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`or subsequent accidents or occurrences involving Plaintiff.
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`All documentation relating to any insurance claim for the subject alleged incident.
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`3
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`Any resumes and/or curriculum vitae for each expert you intend to utilize at the trial of this
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`REQUEST FOR PRODUCTION NO. 20:
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`Police reports, traffic reports and/or official reports relating to any other accidents
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`involving Plaintiff.
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`REQUEST FOR PRODUCTION NO. 21:
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`cause.
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`REQUEST FOR PRODUCTION NO. 22:
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`All reports and affidavits by each expert retained in this case who you intend to utilize at
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`the trial of this cause.
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`REQUEST FOR PRODUCTION NO. 23:
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`All reports, diagrams, drawings or photographs from each expert you intend to utilize at
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`the trial of this cause.
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`REQUEST FOR PRODUCTION NO. 24:
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`REQUEST FOR PRODUCTION NO. 25:
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`All statements, whether written, transcribed or recorded by any means, made by Defendant
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`to the litigation, including the Defendant’s agents, representatives, employees currently employed
`or previously employed by Defendant.
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`REQUEST FOR PRODUCTION NO. 26:
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`A copy of all written, recorded or transcribed statements made or given by you relating to
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`or pertaining to the subject alleged incident. This request includes messages sent via electronic
`mail; posted on social media accounts and their respective messengers, such as Facebook, Tumblr,
`Instagram, or Snapchat; and, text messages.
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`REQUEST FOR PRODUCTION NO. 27:
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`A copy of all written, recorded or transcribed statements made or given by any witness
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`relating to or pertaining to the subject alleged incident. This request includes messages sent via
`electronic mail; posted on social media accounts and their respective messengers, such as
`Facebook, Tumblr, Instagram, or Snapchat; and, text messages.
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`All documents sent to each expert you intend to utilize at the trial of this cause.
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`4
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`REQUEST FOR PRODUCTION NO. 28:
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`All documents, receipts, checks or invoices reflecting the total amount of collateral source
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`benefits paid as a result of the subject alleged incident which is the subject of this litigation. For
`the purposes of this request “collateral sources” includes, but is not limited to, any payment made
`to the Plaintiff, or on her behalf, by or pursuant to:
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`(a)
`(b)
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`(c)
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`(d)
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`(e)
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`the United States Social Security Act;
`any federal, state or local income disability insurance, and any similar insurance
`benefits available to the Plaintiff whether purchased by her or provided by others.
`any health, sickness or income disability insurance, and any other similar insurance
`benefits available to the Plaintiff whether purchased by her or provided by others;
`any contract or other agreement of any group, organization, partnership or
`corporation to pay for or reimburse the cost of hospital, medical, dental or other
`health care services; or
`any contractual voluntary wage continuation plan provided by employers or any
`other system intended to provide wages during the period of disability.
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`REQUEST FOR PRODUCTION NO. 29:
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`All certificates, awards of evidence of achievement or recognition from any and all clubs,
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`public service activities, armed services or charities pertaining to Plaintiff.
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`REQUEST FOR PRODUCTION NO. 30:
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`REQUEST FOR PRODUCTION NO. 31:
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`Transcripts and other records in your possession from high school, college or any other
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`education since high school for Plaintiff.
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`REQUEST FOR PRODUCTION NO. 32:
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`A copy of any journal, diary, day planner, or other writing (and/or drafts thereof) authored
`by Plaintiff (including but not limited to those on computer hard drives, flash drives, zip drives,
`backup disks, or other electronic device) containing writings about Plaintiff’s version of the subject
`alleged incident, medical treatment, mental health treatment, the state of her alleged injuries,
`emotions or mental health written after the subject alleged incident at issue in this case.
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`REQUEST FOR PRODUCTION NO. 33:
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`Resume for Plaintiff.
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`A copy of Plaintiff Meibel Saboya Diaz’s driver’s license.
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`5
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`REQUEST FOR PRODUCTION NO. 34:
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`A complete list of earnings information for Plaintiff which can be obtained from the Social
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`Security Administration by filing Form SSA-7050-F4, or in the alternative, a completed Form SSA-
`7050-F4 for Plaintiff which is attached hereto, so that the undersigned may obtain said earnings
`information and will provide you with a copy of same once received.
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`REQUEST FOR PRODUCTION NO. 35:
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`A completed Form SSA-3288, Social Security Administration, Consent to Release
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`Information (attached).
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`REQUEST FOR PRODUCTION NO. 36:
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`A completed Authorization to Florida Medicaid (attached).
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`REQUEST FOR PRODUCTION NO. 37:
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`A completed Authorization to Medicare for Consent to Release (attached).
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`REQUEST FOR PRODUCTION NO. 38:
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`A completed Authorization to Medicare, First Coast Service Options, Freedom of Information
`(attached).
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`REQUEST FOR PRODUCTION NO. 39:
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`The shoes worn by Plaintiff at the time the subject incident occurred.
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`It is requested that the aforesaid production be made within thirty (30) days from the below
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`service date at the offices of RUMBERGER, KIRK & CALDWELL, P.A., 100 N. Tampa Street,
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`Suite 2000, Post Office Box 3390, Tampa, Florida 33601-3390.
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`CERTIFICATE OF SERVICE
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`I HEREBY CERTIFY that a true copy of the foregoing has been furnished to Amy K.
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`Kenyon, Esq., Kenyon Law Group, P.L.L.C., 1215 Manatee Avenue West, Suite 105, Bradenton,
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`6
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`FL 34205 via e-mail to eservice@kenyonlawfirm.com (Attorneys for Plaintiff), this 23rd day of
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`February, 2023.
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`s/ Carie L. Hall
`ROBERT L. BLANK, B.C.S.
`Florida Bar No. 0948497
`E-mail: rblanksecy@rumberger.com (primary)
`E-mail: docketingtpa@rumberger.com (secondary)
`CARIE L. HALL, ESQUIRE
`Florida Bar No. 0098984
`E-mail: chall@rumberger.com (primary)
`E-mail: docketingtpa@rumberger.com and
`challsecy@rumberger.com (secondary)
`RYAN S. BROWN, ESQUIRE
`Florida Bar No. 1003210
`E-mail: rbrown@rumberger.com (primary)
`E-mail: docketingtpa@rumberger.com and
`rbrownsecy@rumberger.com (secondary)
`RUMBERGER, KIRK & CALDWELL, P.A.
`100 North Tampa Street, Suite 2000
`Post Office Box 3390
`Tampa, Florida 33601-3390
`Telephone: (813) 223-4253
`Telecopier: (813) 221-4752
`Attorneys for SeaWorld Parks & Entertainment LLC
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`17656843.v1
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