`STATE OF GEORGIA
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`KAMELLE BALLOU,
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`vs.
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`HENRY C. FELDER and
`TIWANA HUGGINS
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`Plaintiff,
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`Defendants.
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`CIVIL ACTION
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`FILE NO. 17EV003028
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`CONSOLIDATED PRE-TRIAL ORDER
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`The following constitutes the proposed Consolidated Pre-Trial Order to be entered in the
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`above-styled case:
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`1.
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`The name, address and phone number of the attorneys who will conduct the trial are as
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`follows:
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`Plaintiff:
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`Defendants:
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`Miguel A. Dominguez, Esq.
`Georgia Bar No. 301860
`MORGAN & MORGAN ATLANTA PLLC
`P.O. Box 57007
`Atlanta, Georgia 30343-1007
`Office: (404) 965-8811
`Direct: (404) 965-1665
`Fax: (404) 720-3772
`Email: mdominguez@forthepeople.com
`URL: www.forthepeople.com
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`Physical Address:
`191 Peachtree Street NE
`Suite 4200
`Atlanta, Georgia 30303
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`Trevor G. Hiestand, Esq.
`Georgia Bar No. 351795
`Luciana Aquino, Esq.
`Georgia Bar No. 114433
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`Page 1 of 23
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`State Court of Fulton County
`***EFILED***
`File & ServeXpress
`Transaction ID: 64661039
`Case Number: 17EV003028
`Date: Jan 27 2020 02:48PM
`LeNora Ponzo, Chief Clerk
`Civil Division
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`WALDON, ADELMAN, CASTILLA,
`HIESTAND & PROUT
`900 Circle 75 Parkway, Suite 1040
`Atlanta, GA 30339
`Office: (770) 953 – 1710
`Email: thiestand@wachp.com
` laquino@wachp.com
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`State Farm Mutual Automobile
`Insurance Company:
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`W. Dale Ellis, Jr., Esq.
`Georgia Bar No. 244926
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`LYNN LEONARD & ASSOCIATES
`2400 Century Parkway, Suite 200
`Atlanta, GA 30345
`Office: (404) 728 – 5400
`Email: dale.ellis@statefarm.com
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`State Farm Mutual Automobile Insurance Company reserves the right to substitute
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`counsel of record to try this case. Such substitution will not delay the trial of this case.
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`The estimated time required for trial is 3 days.
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`2.
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`There are no motions or other matters pending for consideration by the Court except as
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`3.
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`follows:
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`By Plaintiff:
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`The parties reserve the right to file motions in limine prior to and during the trial of the
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`case. The parties further reserve the right to file motions to compel non-parties to produce
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`documents which were requested pursuant to O.C.G.A. § 9-11-34.
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`Page 2 of 23
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`By Defendants:
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`There are no motions pending with the Court. Defendants reserve the right to file oral or
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`written motions in limine or other pretrial motions, as necessary, the presentation and hearing of
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`which should not delay the trial of the case, prior to the commencement of trial. Defendants also
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`reserve the right to file all necessary trial motions as the evidence dictates and any other motions
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`(and/or responsive pleadings to any motions) specifically reserved by any other party herein.
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`By State Farm Mutual Automobile Insurance Company:
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`State Farm will file a Motion to Offset Medical Payments Coverage Payments and any
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`payments made by liability insurance carriers. State Farm also reserves the right to file any
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`Motions in Limine before or during trial as evidentiary issues arise. State Farm also has a cross-
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`claim pending against Defendant. State Farm requests entry of a judgment in favor of State
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`Farm against Defendant for any amount State Farm is required to pay. See State Farm Mutual
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`Automobile Insurance Company v. Wright, 245 Ga. App. 493, 538 S.E.2d 147 (2001).
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`The jury will be qualified as to relationship with the following:
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`4.
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`For Plaintiff:
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`Plaintiff
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`Defendant
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`All counsel of record
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`For Defendants:
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`Plaintiff, relationships by blood or marriage to plaintiff, plaintiff’s current or prior
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`counsel, and all others with a contingent interest in the outcome of this case.
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`Page 3 of 23
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`By State Farm Mutual Automobile Insurance Company:
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`The jury will be qualified as to relationship with the following Trevor Hiestand, Miguel
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`Dominguez , and members of the law firm of Waldon, Adelman, Castilla, Hiestand and Prout
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`LLP, and Morgan & Morgan Atlanta, PLLC.
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`5.
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`(a) All discovery has been completed, unless otherwise noted, and the court will not
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`consider any further motions to compel discovery except for good cause shown. The parties,
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`however, shall be permitted to take depositions of any person(s) for the preservation of evidence
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`for use at trial. It is agreed that as to any expert witness, each party, through his or her attorney,
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`will notify the opposing party through his or her attorney of that party’s intention to introduce
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`such testimony live at trial. Such notification shall be within a reasonable time prior to the trial
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`and the opposing attorney shall have the right to take a discovery deposition from said expert
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`witness and shall have the right to amend his or her may call witness list so as to add such expert
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`witnesses as that party deems necessary to counter the opposing party’s expert testimony. Such
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`notice shall, likewise, be within a reasonable time prior to trial so the opposing attorney may take
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`a discovery deposition of any counter experts.
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`(b) Unless otherwise noted, the names of the parties shown in the caption to this order
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`are correct and complete and there is no question by any party as to the misjoinder or nonjoinder
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`of any parties.
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`6.
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`The following is the Plaintiff’s brief and succinct outline of the case and contentions:
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`On or about July 11, 2015, Plaintiff was driving her 2015 Nissan Armada in a prudent
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`and careful manner eastbound on Iris Drive in Rockdale County, Georgia. At or about that same
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`Page 4 of 23
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`time, Defendant Henry C. Felder was driving his 2000 Chevrolet Tahoe westbound on Iris Drive
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`attempting to make a left turn onto Smyrna Road in when Defendant Henry C. Felder
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`negligently, recklessly, carelessly and unlawfully operated said vehicle so as to cause it to collide
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`with Plaintiff’s vehicle. At all times material, including on July 11, 2015, Defendant Henry C.
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`Felder owed a duty to Plaintiff and to the motoring public to exercise reasonable care in his
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`operation of his vehicle.
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`The negligent acts of the Defendants caused the Plaintiff to sustain injuries, seek medical
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`treatment, and incur special damages in the form of medical bills totaling at least $39,356.43.
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`Should the award of damages from the jury exceed Defendants’ liability insurance
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`coverage limits of $50,000, State Farm would be contractually obligated to satisfy any unpaid
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`amounts under the underinsured motorist coverage of its policy no. 026097411L, up to its policy
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`limits of $250,000.
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`7.
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`The following is the Defendants’ brief and succinct outline of the case and
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`contentions:
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`Defendants deny that the injuries and/or damages the plaintiff is claiming in this
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`lawsuit were the result of any alleged negligence by defendant Henry C. Felder. Defendant
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`Tiwana Huggins denies any and all liability for plaintiff’s alleged injuries and damages.
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`Defendants deny that the acts and/or omissions required to support plaintiff’s contention that
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`defendant Huggins negligently entrusted her vehicle to defendant Felder are present in this
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`case and defendant Huggins is, therefore, not liable on this claim.
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`7a.
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`The following is State Farm Mutual Automobile Insurance Company’s brief and succinct
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`Page 5 of 23
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`outline of the case and contentions:
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`State Farm contests the nature and extent of Plaintiff’s injuries allegedly received in this
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`incident. State Farm contends Plaintiff’s spinal problems and/or medical problems were not
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`caused by the accident, and such problems pre-dated the accident.
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`The issues for determination by the jury are as follows:
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`8.
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`Plaintiff:
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`a. Causation; and
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`b. Damages.
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`Defendants:
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`(1) Negligence of defendant Huggins, if any; (2) Proximate causation of the injuries and
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`damages claimed by the plaintiff, if any; and (3) Damages to which the plaintiff is entitled, if
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`any.
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`9.
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`Specifications of negligence including applicable code sections are as follows:
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`O.C.G.A. § 40-6-71;
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`O.C.G.A. § 40-6-241;
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`O.C.G.A. § 40-6-390;
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`Applicable actuarial tables;
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`General principles of Georgia negligence law.
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`By Defendants:
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`None.
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`Page 6 of 23
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`10.
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`If the case is based on a contract, either oral or written, the terms of the contract are as
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`follows (or, the contract is attached as an Exhibit to this order):
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`By Plaintiff[s]: to the extent the verdict may exceed the liability insurance coverage of
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`Defendants ($25,000 in coverage provided by State Farm for Tiana Elder and $25,000 in
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`coverage provided by UAIC for Charles Felder), State Farm is contractually required to satisfy
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`any unpaid amounts, up to its underinsured motorist limits of $250,000 per person, under policy
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`no. 026097411L.
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`By Defendant[s]: This case is not based on contract.
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`By [UM Carrier]: Not applicable.
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`11.
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`The types of damages and the applicable measure of those damages are stated as follows:
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`By Plaintiff:
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`Plaintiff seeks recovery of general damages for all elements of physical injury and mental
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`injury and suffering endured by Plaintiff as a result of the negligence of the Defendants, the
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`measure of which is by the enlightened conscience of a fair and impartial jury. Plaintiff also
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`seeks recovery of special damages in the form of medical bills totaling at least $39,356.43.
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`By Defendants: Defendants show that the plaintiff is not entitled to recover any
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`damages. Defendants also show that any general damages plaintiff may claim must be proven by
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`the evidence and determined by the enlightened conscience of the jury and that any special
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`damages claimed by the plaintiff must have been properly pled and must be proven by the
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`evidence and determined by the enlightened conscience of the jury. Defendants object to an
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`award of special damages that have not been properly pled and for which evidence has not been
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`Page 7 of 23
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`produced during the course of discovery, including but not limited to any claims for other
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`incurred medical expenses, future medical expenses, lost wages, lost income, diminished earning
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`capacity, and/or diminished ability to labor.
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`Plaintiff alleges special damages incurred for medical treatment in the amount of
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`$39,356.43. Plaintiff has not asserted any claims for lost wages, punitive damages, or attorneys’
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`fees.
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`12.
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`If the case involves divorce, each party shall present to the court at the pre-trial
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`conference the affidavits require by Rule 24.2.:
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`This case does not involve divorce.
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`The following facts are stipulated:
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`13.
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`By Plaintiff:
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`The following facts are stipulated:
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`a. This Court has jurisdiction and is the proper venue;
`b. Defendant Felder admits fault for the subject collision.
`c. At the time of the subject wreck, Defendant Henry Charles was insured by UAIC policy
`no. GND 11043, which carried liability limits of $25,000 per person (which shall not be
`disclosed to the jury at any point during trial);
`d. At the time of the subject wreck, Defendant Tiwana Elder was insured by State Farm
`policy no. 8186-093-11, which carried liability limits of $25,000 per person (which shall
`not be disclosed to the jury at any point during trial); and
`e. At the time of the subject wreck, Plaintiff was insured by State Farm policy no.
`026097411L, which has underinsured motorist coverage exposure of $250,000 per person
`and $500,000 per accident (which shall not be disclosed to the jury at any point during
`trial).
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`By State Farm Mutual Automobile Insurance Company:
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`The following facts are stipulated: State Farm admits Defendant Felder was negligent,
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`Page 8 of 23
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`but denies causation and damages.
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`14.
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`The following is a list of all documentary and physical evidence that may be tendered at
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`the trial by the Plaintiff or Defendants. Unless noted, the parties have stipulated as to the
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`authenticity of the documents listed and the exhibits listed may be admitted without further proof
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`of authenticity. All exhibits shall be marked by counsel prior to trial so as not to delay the trial
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`before the jury.
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`(a) By Plaintiff:
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`1. Any documents exchanged during discovery, without waiving objection
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`thereto;
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`2. All documents properly listed by Defendants and/or UM Carrier, without
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`waiving objection thereto;
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`3. Defendant’s/UM Carrier’s Responses
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`to Plaintiff’s First Request for
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`Admissions;
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`4. UM coverage State Farm policy no.026097411L (which shall not be disclosed
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`to the jury at any point during trial);
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`5. State Farm policy no. 8186-093-11(which shall not be disclosed to the jury at
`any point during trial);
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`6. UAIC policy no. GND 11043 (which shall not be disclosed to the jury at any
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`point during trial);
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`7. All incident reports prepared in connection with the incident-in-suit;
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`8. Photographs of the involved parties and of the scene;
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`9. Photographs of the involved vehicles;
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`10. Google Earth photographs of the scene;
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`11. Documentation of the property damage to any of the involved vehicles;
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`12. Any pleading of record, including the complaint and answer;
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`13. Any document or tangible evidence listed by Defendants in its portion of the
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`Pre-Trial Order;
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`Page 9 of 23
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`14. Any document identified in discovery, and all discovery and discovery
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`responses, including depositions taken for this case;
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`15. Any documents necessary for impeachment, cross-examination, or rebuttal;
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`16. Plaintiff’s x-rays, MRIs, and other diagnostic and test results;
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`17. Plaintiff’s Medical Expense Chart/Summary;
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`18. Plaintiff’s medical bills and records, including but not limited to, bills and
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`records from:
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`a. Atlanta Heart Specialists, LLC
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`b. CEP America, LLC
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`c. DeKalb Medical Center
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`d. Pain Consultants of Atlanta
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`e. Peachtree Orthopaedic Clinic
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`f. Playa Vista Medical Center
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`g. Radiology Associates of DeKalb County
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`h. Resurgens Orthopaedics
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`i. Sovereign Rehabilitation
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`19. Any Interrogatory, Request for Production, Request for Admission or
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`Response thereto, served in this case by Plaintiff or Defendants;
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`20. Any document or tangible items exchanged in discovery by or between any of
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`the parties;
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`21. Any document obtained in response to non-party requests for production or
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`subpoena made by any of the parties to this case;
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`22. Appropriate actuarial tables, including but not limited to the 1949 Tables;
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`23. The Georgia Uniform Motor Vehicle Report;
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`24. Certified copy of the citation resolution;
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`25. All depositions;
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`26. Any document referenced by any party in deposition; and
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`27. Plaintiff reserved the right to use demonstrative aids to illustrate issues or
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`testimony in this case.
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`Page 10 of 23
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`Defendants are notified pursuant to O.C.G.A. §§ 24-8-803(6) and 24-9-902(11) of
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`Plaintiff’s intent to use the documents identified above, or any portions thereof, at trial.
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`Plaintiff respectfully reserves the right to amend the list of documentary and physical
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`evidence and may do so by giving at least a five (5) day notice prior to trial of any such
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`additional documentary and physical evidence to opposing counsel. Plaintiff does not stipulate
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`to the authenticity of the documents listed by the Defendants in this lawsuit and further reserves
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`all objections regarding authenticity, relevancy, or other admissibility as to any other parties’
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`documents or portions thereof. Plaintiff objects to any documents, videos, or photographs not
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`produced in discovery being admitted. Plaintiff reserves the right to raise any and all objections
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`to Defendants’ documentary and physical evidence upon the same being properly tendered into
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`evidence.
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`(b) By Defendants: Defendants, at the discretion of their attorneys, may tender:
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`1)
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`Any of the plaintiff’s health care records or bills, including, but not limited to, the
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`records or bills of the following:
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`a)
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`b)
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`c)
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`d)
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`e)
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`f)
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`g)
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`h)
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`i)
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`Peachtree Orthopedics;
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`Dr. Obi Ugwonali;
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`Keaton Kramer Physical Therapy;
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`Sovereign Rehabilitation;
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`Piedmont Physical Therapy;
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`Dr. Chaundra Armstrong;
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`Dr. Robert Phillips;
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`DeKalb Medical at Hillandale;
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`Resurgens Orthopedics;
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`Page 11 of 23
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`j)
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`Pain Consultants of Atlanta;
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`k)
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`Dr. Sandeep Chandra;
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`l)
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`Radiology Associates of DeKalb;
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`m)
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`Playa Vista Medical Center;
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`n)
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`o)
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`p)
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`p)
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`Dr. Darren Harper;
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`Hillandale Medical Center;
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`Benchmark Physical Therapy; and
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`Atlanta Heart Specialists
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`2)
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`Any document necessary for purposes of impeachment, cross-examination or
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`rebuttal;
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`3) Any documents identified by the plaintiff during discovery or in her portion of the
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`Pre-Trial Order;
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`4)
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`5)
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`6)
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`Photographs of the involved vehicles, persons, and accident scene;
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`Any medical narratives identified in accordance with O.C.G.A. § § 24-8-826;
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`Any pleadings, discovery, depositions, and/or exhibits to depositions that have
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`been taken or will be taken in connection with this matter;
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`7)
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`Any document pertaining to any prior/subsequent accidents or personal injury
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`claims involving the plaintiff;
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`8)
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`9)
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`Criminal convictions of plaintiff, if any;
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`Evidence of collateral source payments (if door opened);
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`10) Any records of any health insurer for the plaintiff, including, but not limited to,
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`the records from the following:
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`a)
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`Aetna;
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`Page 12 of 23
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`b)
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`Coventry Health Insurance
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`c)
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`Liberty Mutual
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`d)
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`Zurich Insurance
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`e)
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`AIG
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`f)
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`State Farm
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`11)
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`Records of any of the plaintiff’s pharmaceutical providers including, but not
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`limited to, the records of the following: Decatur Renaissance; Sam’s Pharmacy; Walgreens
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`Pharmacy; Publix Pharmacy; and Rite Aid Pharmacy.
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`12) Any records obtained through non-party Requests for Production of Documents
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`not already named in the above paragraphs;
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`13) Any of the plaintiff’s employment records, including, but not limited to, the
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`records of the following:
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`a)
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`Clark, Mascaro & Aziz, P.C.
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`Plaintiff is hereby notified pursuant to O.C.G.A. §§24-8-803(6) and 24-9-902(11) of the
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`defendants’ intent to use the documents identified above, or any portions thereof, at trial and of
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`your opportunity to review these records.
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`Defendants reserve objections as to authenticity of documents and exhibits tendered by
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`the plaintiff until after her counsel has had a chance to review and examine such documents and
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`exhibits. In addition, defendants reserve objections to the admissibility of any documents listed
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`by the plaintiff until they are tendered into evidence. Finally, the defendants reserve the right to
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`supplement and/or amend this list prior to trial.
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`Page 13 of 23
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`The parties reserve the right to inspect and insure that the proper foundation has been laid
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`for the admission of any evidence offered at time of trial. The parties expressly reserve the right
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`to object to the admission of proposed evidence at time of trial.
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`c.
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`By State Farm Mutual Automobile Insurance Company:
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`(1) Motor Vehicle Accident Report;
`(2) Photographs of the involved vehicles;
`(3) Property damage estimates, repair bills, and related documents;
`(4) Any pleading of record in any case in which Plaintiff was a party;
`(5) Any document listed by Plaintiff;
`(6) Any document produced or identified in discovery;
`(7) Any documents necessary for impeachment;
`(8) Plaintiff's discovery responses in any case in which Plaintiff was a party;
`(9) Plaintiff's x-rays, MRI's, CT scans, and other diagnostic tests and results
` thereof;
`(10) Photographs of the accident scene, if any;
`(11) Any and all records regarding the subject motor vehicle accident, or any
`other motor vehicle accident in which Plaintiff was involved, in the
`possession of any insurance carrier;
`(12) Medical narratives pursuant to O.C.G.A. § 24-3-18, if any;
`(13) Any statement or deposition by Plaintiff;
`(14) Exhibits to any depositions taken in this case;
`(15) Records from the following entities:
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` Kamelle Ballou:
` Aetna Health and Life Insurance Company
` Atlanta Heart Specialists
` Blue Cross Blue Shield of Georgia, Inc.
` CEP America LLC
` Chandra L. Britt-Armstrong, MD
` Coventry Georgia HMO
` DeKalb Family Medicine at Candler
` DeKalb Medical Center at Hillandale
` Emory University Hospital
` Humana
` Kaiser Permanente
` Laureate Medical Group
` Northside Anesthesiology Consultants
` Northside Hospital
` Pain Consultants of Atlanta
` Peachtree Orthopaedic Clinic
` Physiotherapy Associates-
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`Page 14 of 23
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` Piedmont Henry Hospital
` Piedmont Hospital
` Radiology Associates of DeKalb
` Resurgens Orthopaedics
` Rogsbert F. Phillips, MD
` Sam's Pharmacy
` Sovereign Rehabilitation, LLC
` Walmart Pharmacy-
` Zurich North America
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`Counsel is hereby notified pursuant to O.C.G.A. §§ 24-8-803(6) and 24-9-902(11) of the
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`Undersigned’s intent to use the documents identified in this Paragraph, or any portions thereof, at
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`trial and of Counsel’s opportunity to review these records.
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`State Farm Mutual Automobile Insurance Company reserves the right to introduce
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`documentary evidence in rebuttal. In addition, State Farm Mutual Automobile Insurance
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`Company reserves the right to object to any documentary evidence of Plaintiff and insists on a
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`proper foundation being laid. Finally, State Farm Mutual Automobile Insurance Company
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`reserves the right to amend this order should the interest of justice so require.
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`15.
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`Special authorities relied upon by Plaintiff relating to the peculiar evidentiary or other
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`legal questions are as follows: None other than those which may be set forth in any Motions in
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`Limine and/or jury charges Plaintiff may file or to support evidentiary issues if they arise during
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`trial.
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`16.
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`Special authorities relied upon by Defendants relating to the peculiar evidentiary or other
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`legal questions are as follows:
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`Plaintiff is not entitled to recover any special damages which were not specifically pled in
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`accordance with O.C.G.A. § 9-11-9(g). Defendant has requested a trial by a jury of twelve (12)
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`Page 15 of 23
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`persons. Defendant intends to introduce medical records and bills pursuant to Georgia Rules of
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`Civil Procedure and Georgia Rules of Evidence. Additional special authorities may be provided
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`at trial.
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`16a.
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`Special authorities relied upon by State Farm Mutual Automobile Insurance Company
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`relating to peculiar evidentiary or other legal questions are as follows: None other than those
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`which may be set forth in any Motions In Limine Defendant may file or to support evidentiary
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`issues if they arise during trial.
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`17.
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`All requests to charge anticipated at the time of trial will be filed in accordance with the
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`Court’s instructions and Rule 10.3.
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`18.
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`The testimony of the following persons may be introduced by depositions:
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`(a) By Plaintiff:
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`Depositions of the Defendants
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`Deposition of Shaun Taub, M.D.
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`Deposition of Chad Achilles, M.D.
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`Any deposition may be used in accordance with the GA Civil Practice Act. The
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`deposition of any person listed as may call or will call witness by either party for who there
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`exists sufficient legal cause to prevent that individual from testifying in person at the trial of the
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`case can be utilized. Any objection to the depositions or questions or arguments in the
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`depositions shall be called to the attention of the court prior to trial. Plaintiff objects to any
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`deposition testimony, other than healthcare professionals and medical experts, unless a proper
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`Page 16 of 23
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`showing of unavailability to testify at trial is made, though this does not prevent any deposition
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`from being used for other purposes allowed by the GA Civil Practice Act.
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`Plaintiff reserves the right to take the evidentiary trial deposition of the opposing party’s
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`“will call” or “may call” witnesses, said depositions not to delay the trial of the case.
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`(b) By Defendants:
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`Defendants may submit the deposition testimony of any of the plaintiff’s healthcare
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`providers, any person listed in 19(d) below, or any other witness necessary for the preservation
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`of evidence.
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`Defendants object to the plaintiff calling any witness by deposition unless the proper
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`showing is made as required by Georgia law.
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`Any objection to the depositions or questions or arguments in the depositions shall be
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`called to the attention of the Court prior to trial.
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`(c) By State Farm Mutual Automobile Insurance Company:
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`State Farm shall be permitted to take the deposition for use at trial, or to use any
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`deposition taken by another party, of any of Plaintiff’s healthcare providers, custodian of any
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`medical records, any witness whose deposition was taken who is unavailable for trial pursuant to
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`O.C.G.A. §9-11-32, and any person listed by Plaintiff, including, but not limited to, Dr. Randy
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`Rizor and Dr. Fred Koch. State Farm may also introduce medical expert testimony from a
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`defense medical expert.
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`State Farm objects to any deposition testimony, other than medical experts, unless a
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`proper showing of unavailability to testify at trial is made and the deposition was taken for use as
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`evidence.
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`Any objection to the depositions or questions or arguments in the depositions shall be
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`Page 17 of 23
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`called to the attention of the court prior to trial.
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`The parties reserve the right to take any additional depositions for use as evidence and/or
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`discovery depositions.
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`19.
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` The following are lists of witnesses the
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`(a) Plaintiff will have present at trial:
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`1. Plaintiff Kamelle Ballou
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`(b) Plaintiff may have present at trial:
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`1.
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`Plaintiff’s friends and/or family members who have knowledge of their
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`injuries;
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`2.
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`Any witnesses for the purpose of impeachment or rebuttal;
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`3. Defendants;
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`4. Ronald Stanberry, witness to occurrence;
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`5. Tiwana Huggins;
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`6. Kenneice Calixto, Plaintiff’s mother;
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`7. Kristina Calixto, Plaintiff’s sister;
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`8. Shaun Taub, M.D.;
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`9. Chad Achilles, M.D.;
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`10. Any person mentioned in the deposition of any party;
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`11.
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`Any of plaintiff’s medical providers, including but not limited to, Atlanta
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`Heath Specialists, LLC; CEP America, LLC; DeKalb Medical Center;
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`Pain Consultants of Atlanta; Peachtree Orthopaedic Clinic; Playa Vista
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`Page 18 of 23
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`Medical Center; Radiology Associates of DeKalb County; Resurgens
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`Orthopaedics; Sovereign Rehabilitation, LLC; and
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`12.
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`Any witness listed by Defendants.
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`In addition to the above list, Plaintiff may have present at trial: any person needed to
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`authenticate business records, medical records, photographs, or diagrams; and, any witness listed
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`by Defendants. Plaintiff respectfully reserves the right to amend this list of witnesses up to the
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`time of trial. Plaintiff objects to any expert witness testifying that has not been identified in
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`discovery. Plaintiff objects to any treating physician who treated the Plaintiff prior to the
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`incident in suit testifying that has not been identified to Plaintiff with specificity prior to trial and
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`with sufficient time to depose.
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`(c) Defendants will have present at trial: None.
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`(d) Defendants may have present at trial: Henry C. Felder, Tiwana Huggins, Ronald
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`Stanberry, any law enforcement personnel who investigated the accident, any person identified
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`by the plaintiff in discovery or at trial; records custodian of any doctor or hospital or medical
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`group/provider who plaintiff has seen either prior or subsequent to this accident; any other
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`records custodian necessary for the authentication of evidence; and/or any rebuttal or
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`impeachment witnesses.
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`Defendants object to any witnesses listed by the plaintiff who were not previously
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`identified in response to discovery requests which called for their identification. Defendants
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`reserve the right to supplement and/or amend this portion of the Pre-Trial Order with proper
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`notice to the Court and the plaintiff
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`(e)
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`State Farm Mutual Automobile Insurance Company will have present at trial:
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`(f)
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`State Farm Mutual Automobile Insurance Company may have present at trial:
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`Page 19 of 23
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`All those individuals identified or referred to in Plaintiff’s portion of Paragraphs 18 or 19
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`of this pretrial order, Plaintiff, the investigating police officer, any of Plaintiff’s medical
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`providers, including but not limited to, Dr. Fred Koch, any witness identified by Plaintiff in
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`discovery, any witness necessary for impeachment, and any witness necessary to authenticate
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`records. State Farm may also bring in a claim representative from State Farm. State Farm may
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`also call a defense medical expert, including but not limited to, Dr. Randy Rizor, for rebuttal of
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`any expert testimony offered by Plaintiff.
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`State Farm also reserves the right to call witnesses for rebuttal of Plaintiff's witnesses.
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`State Farm objects to Plaintiff calling any witness at trial who was not identified by name,
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`address and phone number in discovery.
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`Opposing counsel may rely on representation by the designated party that he will have a
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`witness present unless notice to the contrary is given in sufficient time prior to trial to allow the
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`other party to subpoena the witness or obtain his testimony by other means.
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`State Farm reserves the right to amend and supplement this list of may call witnesses
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`upon timely notice to the opposing parties within 5 days of trial and so as not to delay the trial of
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`this case.
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`NOTE: Plaintiff agrees that either party may amend their respective witness lists by
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`notifying opposing counsel in writing at least ten days prior to trial.
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`Opposing counsel may rely on representation by the designated party that he will have a
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`witness present at trial unless notice to the contrary is given in sufficient time prior to trial to
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`allow the other party to subpoena the witness or obtain his or her testimony by other means.
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`The form of all possible verdicts to be considered by the jury is as follows:
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`20.
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`Page 20 of 23
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`By Plaintiff: A general verdict form
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`By Defendants: General verdict form.
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`21.
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`(a) The possibilities of settling the case are: fair.
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`(b) The parties want the case reported.
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`(c) The cost of takedown will be shared equally by the parties.
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`(d) Other matters: The parties respectfully reserve the right to amend their portions of the
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`Consolidated Pre-Trial Order upon notice to opposing counsel and in a sufficiently timely
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`manner so as not to delay the trial of this case.
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`This 27th day of January, 2020.
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`Respectfully submitted,
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`MORGAN & MORGAN ATLANTA, PLLC
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`/s/Miguel A. Dominguez_________
`Miguel A. Dominguez, Esq.
`Georgia Bar No. 301860
`Attorney for Plaintiff
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`MORGAN & MORGAN ATLANTA, PLLC
`P.O. Box 57007
`Atlanta, Georgia 30343-1007
`Direct: (404) 965 – 1635
`Fax: (404) 720 – 3772
`Email: mdominguez@forthepeople.com
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`WALDON, ADELMAN, CASTILLA,
`HIESTAND & PROUT
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`/s/Luciana Aquino_______________
`Trevor G. Hiestand, Esq.
`Georgia Bar No. 351795
`Luciana Aquino, Esq.
`Georgia Bar No. 114433
`Attorneys for Defendants
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`Page 21 of 23
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`WALDON, ADELMAN, CASTILLA,
`HIESTAND & PROUT
`900 Circle 75 Parkway, Suite 1040
`Atlanta, GA 30339
`Office: (770) 953 – 1710
`Email: thiestand@wachp.com
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`laquino@wachp.com
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`LYNN LEONARD & ASSOCIATES
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`/s/W. Dale Ellis, Jr._____________
`W. Dale Ellis, Jr., Esq.
`Georgia Bar No. 244926
`Attorney for State Farm Mutual
`Automobile Insurance Company
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`LYNN LEONARD & ASSOCIATES
`2400 Century Parkway, Suite 200
`Atlanta, GA 30345
`Office: (404) 728 – 5400
`Email: dale.ellis@statefarm.com
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`It is hereby ordered that the foregoing, including the attachments thereto, constitutes the
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`PRE-TRIAL ORDER in the above case and supersedes the pleadings which may not be further
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`amended except by order of the Court to prevent manifest injustice.
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`This ______ day of ______________, 2020.
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`__________________________________
`The Honorable Myra H. Dixon
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`Judge, State Court of Fulton County
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`Page 22 of 23
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`THIS IS TO CERTIFY that I have this day served a copy of the within and foreg