State Court of Fulton County
`**E-FILED**
`18EV000905
`11/14/2018 3:36 PM
`LeNora Ponzo, Clerk
`Civil Division
`
`IN THE STATE COURT OF FULTON COUNTY
`STATE OF GEORGIA
`
`Civil Action File
`No. 13EV000905Y
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`RENE ARTURO VENTURA and
`REINA GUTIERREZ,
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`Plaintiffs,
`
`vs.
`MARCIA NURSE PLATT,
`
`Defendant.
`DEFENDANT’S PORTION 0F THE PRE-TRIAL ORDER
`The following constitutes defendant Marcia Nurse Platt’s portion of the Pre-Trial Order:
`The name, address and phone number of the attorneys who will conduct the
`
`1.
`
`trial are as follows:
`
`Attorney for Plaintiffs:
`
`David T. Lashgari, Esq.
`Georgia Bar No. 438517
`Lashgari & Associates, P.C.
`2470 Windy Hill Road
`Suite 214
`Marietta, GA 30067-8617
`(770) 612-9400
`
`Attorney for Defendant:
`
`Daniel C. Prout, Jr.
`Georgia Bar No. 588753
`Travis J. Meyer
`Georgia Bar No. 309781
`Waldon Adelman Castilla Hiestand & Prout
`900 Circle 75 Parkway
`Suite 1040
`Atlanta, Georgia 30339
`(770) 953-1710
`The estimated time required for trial is three to four (3—4) days.
`
`2.
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`3.
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`There are no motions or other matters pending for consideration by the Court
`except as follows: Defendant has filed Motions in Limine which should not in any way delay
`
`
`**E-FILED**
`18EV000905
`11/14/2018 3:36 PM
`LeNora Ponzo, Clerk
`Civil Division
`
`IN THE STATE COURT OF FULTON COUNTY
`STATE OF GEORGIA
`
`Civil Action File
`No. 13EV000905Y
`
`)
`
`) )
`
`) )
`
`)
`
`)
`
`) )
`
`)
`
`RENE ARTURO VENTURA and
`REINA GUTIERREZ,
`
`Plaintiffs,
`
`vs.
`MARCIA NURSE PLATT,
`
`Defendant.
`DEFENDANT’S PORTION 0F THE PRE-TRIAL ORDER
`The following constitutes defendant Marcia Nurse Platt’s portion of the Pre-Trial Order:
`The name, address and phone number of the attorneys who will conduct the
`
`1.
`
`trial are as follows:
`
`Attorney for Plaintiffs:
`
`David T. Lashgari, Esq.
`Georgia Bar No. 438517
`Lashgari & Associates, P.C.
`2470 Windy Hill Road
`Suite 214
`Marietta, GA 30067-8617
`(770) 612-9400
`
`Attorney for Defendant:
`
`Daniel C. Prout, Jr.
`Georgia Bar No. 588753
`Travis J. Meyer
`Georgia Bar No. 309781
`Waldon Adelman Castilla Hiestand & Prout
`900 Circle 75 Parkway
`Suite 1040
`Atlanta, Georgia 30339
`(770) 953-1710
`The estimated time required for trial is three to four (3—4) days.
`
`2.
`
`3.
`
`There are no motions or other matters pending for consideration by the Court
`except as follows: Defendant has filed Motions in Limine which should not in any way delay
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`
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`the trial of this case. In addition, defendant reserves the right to file motions to compel non-
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`parties to produce documents which were requested pursuant to O.C.G.A. §9-1 1-34. Defendant
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`requested a continuance based on an agreement to extend discovery between the parties which
`was subsequently rescinded by plaintiffs’ counsel. Further, defendant also points out that the
`current Consent Case Management Order states this case will not be called to trial until January
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`22, 2019.
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`4.
`
`The jury will be qualified as to the relationship with the following: The parties,
`plaintiffs’ counsel and his law firm. The defendant obj ects to qualifying the members of the
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`jury pool as to their relationship with her attorneys as they do not have a financial stake in the
`outcome of this case.
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`5.
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`All discovery has n_ot been completed. Plaintiff supplemented his
`(a)
`discovery reSponses with additional MRI reports. Defendant has requested those images and
`repons from the provider directly. Defendant has not received that response to date. Further,
`defendant has identified an expert who will need to review the newly identified MRI images/
`reports. Defendant will need to obtain a new evidentiary deposition of her expert based on the
`newly produced MRI reports.
`
`The parties shall be permitted to take depositions of any person(s) for the preservation of
`evidence for use at trial. Further, the parties shall have the right to take the discovery
`deposition(s) of any Opposing expert(s) who will testify at trial. Each party shall notify the
`opposing party of his/her intent to introduce “live” expert testimony at trial within a reasonable
`time prior to trial, so that the opposing party will have ample time to secure the discovery
`deposition of that expert and to retain his/her own rebuttal expert(s). In addition, the parties
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`reserve the right to file motions to compel non—parties to produce documents which were
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`
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`requested pursuant to O.C.G.A. §9-1 1-34.
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`(b)
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`The names of the parties as shown in the caption to this Order are correct
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`and complete and there is no question by any party as to the misj cinder or non-joinder of any
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`parties.
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`6.
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`The following is the plaintiff’s brief and succinct outline of the case and
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`contentions: (to be supplied by plaintiff).
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`7.
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`The following is the defendant’s brief and succinct outline ofthe case and
`contentions: On December 8, 2012, plaintiff Rene Ventura was traveling on Northridge Road
`toward its intersection with Dunwoody Place. Ms. Platt was traveling directly behind plaintiff
`Ventura. Ms. Platt’s vehicle made contact with the rear of plaintiff Ventura’s vehicle. Plaintiff
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`Reina Gutierrez was not involved in the accident.
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`Ms. Platt is not responsible for any pre-existing or subsequent injury or illness which is
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`not directly related to the accident. The burden of proof is upon the plaintiffs to prove causation
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`of their injuries and damages.
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`8.
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`The issues for determination by the jury are as follows: Proximate cause and
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`damages.
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`9.
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`Specifications of negligence including applicable code sections are as follows: (to
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`be completed by plaintiff).
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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
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`are as follow: 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
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`follows: Plaintiff Rene Ventura has provided documentation for medical expenses of $84,638.34
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`and $5,071.00 in lost wages. Plaintiff Reina Gutierrez is asserting an unspecified claim for loss
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`of consortium. She had failed to produce any documentary evidence to support her claim.
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`Defendant objects to the presentation of any evidence, testimony, documentation, or argument
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`concerning any special damages which were not disclosed during the course of discovery and
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`specifically pled in accordance with O.C.G.A. §9—1 1-9(g).
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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 required by Rule 24.2. Not applicable.
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`13.
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`14.
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`The following facts are stipulated: Defendant admits fault for the accident.
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`The following is a list of all documentary and physical evidence that may be
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`tendered at the trial by the parties. Unless noted, the parties have stipulated as to the authenticity
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`of the documents listed and the exhibits listed may be admitted without further proof of
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`authenticity. A11 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)
`
`(b)
`
`By the Plaintiff: (to be supplied by plaintiff).
`By the Defendant:
`
`Defendant, at the discretion of his attorneys, m_ay tender:
`Any of the plaintiff” s healthcare records or bills, including, but not limited to, the
`
`1)
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`records or bills of the following: Health First Chiropractic Center, Inc.; Luis
`Naranjo, D.C.; Altergyn, LLC; James Granger, M.D.; OMI Diagnostics;
`Orthopedic & Spine Specialists of Georgia; Miguel Jimenez, M.D.; Choice One
`Physical Therapy; Wellstar Cobb Hospital; MRI & Imaging of Georgia; Nick A.
`DeFilippis, PhD; Advanta Total Health; Richard Schuyler, D.C.; Thomas
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`Federico, M.D.; Walgreens pharmacy; Northside Imaging; American Health
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`Imaging; Adult Medicine of Marietta, P.C.; Take Care Health Georgia, P.C.;
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`
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`Kaiser Permanente — West Cobb Medical Center; Kaiser Permanente —
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`Cumberland Medical Center; Philip Batista, M.D.; and Atlanta Psychological
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`Associates;
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`Any document necessary for purposes of impeachment, cross-examination or
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`rebuttal;
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`Any documents identified by the plaintiff in their portion of the Pre-Trial Order;
`The police accident report;
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`Photographs, repair estimates, or videos of the involved vehicles, persons, and
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`accident scene;
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`Previous accident photographs of plaintiff’s vehicle;
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`Any records of any of the plaintiff’s employers including, but not limited to, the
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`records of Pappadeaux Seafood Kitchen; Pappas Restaurants, Inc.;
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`Any records of the following insurers including but not limited to, State Farm;
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`Kaiser Health Plan of Georgia, Inc.; ;
`Any diagnostic studies, including, but not limited to, MRI, CT and x-ray films;
`EEG results;
`Any medical narratives identified by the defendant in accordance with O.C.G.A.
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`§24—3-18 and/or O.C.G.A. §24-8-826;
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`Any pleadings, discovery, and depositions from this case;
`Any document pertaining to any prior/subsequent accidents, injuries, claims, or
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`lawsuits;
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`Any of the plaintiff‘s cellular phone records, including but not limited to T-
`Mobile USA, Inc.;
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`2)
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`3)
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`4)
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`5)
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`6)
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`7)
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`7)
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`8)
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`9)
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`10)
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`11)
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`12)
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`13)
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`Any criminal convictions of the plaintiffs;
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`14)
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`15)
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`Any records from plaintiffs’ fitness facilities;
`Any repair documents or material from Toyota South; and
`Any records presented pursuant to O.C.G.A. §§ 24-8-803(6) and 24-9-902(1 1).
`Defendant reserves her objections as to authenticity of documents and exhibits tendered
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`16)
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`by the plaintiff until afier her counsel has had a chance to review and examine such documents
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`and exhibits. In addition, the defendant reserves her objections to the admissibility of any
`documents listed by the plaintiff until they are tendered into evidence. Defendant has previously
`made all records received pursuant to requests for production of documents to non-parties
`
`available for plaintiff’s inspection. Finally, the defendant reserves the right to supplement and/or
`amend this list prior to trial.
`
`15.
`
`Special authorities relied upon by the plaintiff relating to peculiar evidentiary or
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`other legal questions are as follows: (to be completed by plaintiff).
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`16.
`
`Special authorities relied upon by the defendant relating to peculiar evidentiary or
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`other legal questions are as follows: The plaintiff is not entitled to recover any special damages
`which were not specifically pled in accordance with O.C.G.A. § 9-1 1-9(g).
`
`l7.
`
`All requests to charge anticipated at the time of trial will be filed in accordance
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`with Rule 10.3.
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`18.
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`The testimony 0f the following person(s) may be introduced by depositions: Any
`healthcare provider who has treated or examined the plaintiff or interpreted any diagnostic tests;
`Serge Ouanounou, M.D.; any persons listed in paragraph No. 19 who are unavailable at the time
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`of trial.
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`
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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.
`
`l9.
`
`The following are lists of witnesses the
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`Plaintiffm have present at trial: (to be completed by plaintiff).
`Plaintiffm have present at trial: (to be completed by plaintiff).
`Defendant w_i11 have present at trial: No one.
`Defendant my have present at trial: Marcia Nurse Platt; Officer M. S.
`Stark; Serge Ouanounou, M.D.; any healthcare provider, before or after the accident, who treated
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`(a)
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`(b)
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`(c)
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`(d)
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`the plaintiff or interpreted diagnostic tests, including, but not limited to, those persons or entities
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`listed in paragraph l4(b)(1); any representative of the plaintiff‘s employers, including but not
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`limited to, those listed in paragraph l4(b)(6); any representative of those insurers listed in
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`paragraph l4(b)(7); any representative of the plaintiff’s cellular phone providers; any records
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`custodian needed for purposes of authenticity; any witness for rebuttal, cross-examination, or
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`impeachment including but not limited to, all persons listed in the parties’ portions of the Pre-
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`Trial Order; any person identified in the parties’ portions of the Pre-Trial Order.
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`Defendant objects 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.
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`Defendant reserves the right to supplement and/or amend this portion of the Pre-Trial
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`Order with proper notice to the Court and the plaintiff.
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`Opposing counsel may rely on representation by the other party that he or she 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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`
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`20.
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`21.
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`The form of all possible verdicts to be considered by the jury are as follows:
`We the jury find in favor of plaintiffs in the amount of $
`We the jury find in favor of defendant Marcia Nurse Platt.
`The possibilities of settling the case are fair.
`
`(a)
`
`(b)
`
`(a)
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`(b)
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`(C)
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`(d)
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`The parties do want the case reported.
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`The cost of takedown will be shared.
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`Other matters: Defendant requests a jury of twelve (12) persons.
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`Defendant objects to any medical narratives the plaintiffs intend to introduce during the trial of
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`this case for failure to comply with O.C.G.A. § 24-8-826. Daniel C. Prout, Jr. has a leave of
`absence for November 26, 201 8 through and including November 28, 201 8. Further, defendant
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`reserves the right object to any portions of plaintiffs’ pretrial order as they have not yet provided
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`a copy for review and consolidation.
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`This I'Ifiof ”WM ,2018.
`
`WALDON ADELMAN CASTILLA
`HIESTAND & PROUT
`
`Daniel C. Prout, Jr.
`Georgia Bar No. 588753
`Travis J. Meyer
`Georgia Bar No. 309781
`Attorneys for Defendant
`
`900 Circle 75 Parkway
`Suite 1040
`Atlanta, Georgia 30339
`(770) 953-1710
`
`
`
`IN THE STATE COURT OF FULTON COUNTY
`STATE OF GEORGIA
`
`Civil Action File
`No. 18EV000905Y
`
`EHw
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`) O
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`RENE ARTURO VENTURA and
`REINA GUTIERREZ,
`
`Plaintiffs,
`
`vs.
`MARCIA NURSE PLATT,
`
`Defendant.
`
`It is hereby ordered that the foregoing, including the attachments thereto, constitutes the
`PRETRIAL ORDER in the above case and supersedes the pleadings which may not be further
`amended except by order of the court to prevent manifest injustice or as otherwise provided
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`herein.
`
`This
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`day of
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`, 201 8.
`
`Judge Fred C. Eady
`State Court of Fulton County
`
`
`
`CERTIFICATE OF SERVICE
`
`This is to certify that I have this day served opposing counsel to this action with a copy of
`the foregoing PLEADING by depositing a copy of same in the United States Mail in an envelope
`with adequate postage affixed thereon, properly addressed as follows:
`
`David T. Lashgari, Esq.
`Lashgari & Associates, P.C.
`2470 Windy Hill Road
`Suite 214
`Marietta, GA 30067-8617
`
`fdayof ”WM ,2018.
`
`WALDON ADELMAN CASTILLA
`HIESTAND & PROUT
`
`This
`
`Daniel C. Prout, Jr.
`Georgia Bar No. 588753
`Travis J. Meyer
`Georgia Bar No. 309781
`Attorneys for Defendant
`
`900 Circle 75 Parkway
`Suite 1040
`Atlanta, Georgia 30339
`(770) 953-1710
`
`
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