Opinion
2:21-cv-01815-CDS-BNW[1]
11-08-2022
AURELIO INFANTE LANDIN, individually, Plaintiff, v. CARDENAS MARKETS LLC, a foreign limited-liability Company; DOES 1 through 10; and ROE ENTITIES 11 through 20, inclusive jointly and severally, Defendants.
ANTHONY T. GARASI, ESQ. Nevada State Bar No. 11134 MADELINE M. ARCELLANA, ESQ. Nevada State Bar No. 13816 TY M. MAYNARICH, ESQ. Nevada State Bar No. 14584 BREMER WHYTE BROWN & O'MEARA LLP Attorneys for Defendant, Cardenas Markets LLC ERIC R. BLANK, ESQ. Nevada Bar No. 6910 DAVID M. MOORE, ESQ. Nevada Bar No. 8580 Attorneys for Plaintiff
ANTHONY T. GARASI, ESQ.
Nevada State Bar No. 11134
MADELINE M. ARCELLANA, ESQ.
Nevada State Bar No. 13816
TY M. MAYNARICH, ESQ.Nevada State Bar No. 14584
BREMER WHYTE BROWN & O'MEARA LLP
Attorneys for Defendant,
Cardenas Markets LLC
ERIC R. BLANK, ESQ.
Nevada Bar No. 6910
DAVID M. MOORE, ESQ.
Nevada Bar No. 8580
Attorneys for Plaintiff
JOINT PRETRIAL ORDER
After pretrial proceedings in this case, IT IS ORDERED
I.
This is an action for: personal injuries related to an alleged slip and fall incident at the grocery store Cardenas. Plaintiff, AURELIO INFANTE LANDIN ("Plaintiff'') has filed a Complaint [ECF 2, Exhibit A] against Cardenas with causes of action for negligence, including negligence per se, and sought general damages, special damages, costs of this suit, attorney's fees, prejudgment interest, and any other relief that the Court deems just and proper. Defendant, CARDENAS MARKETS LLC (“Cardenas”), filed an Answer [ECF 2, Exhibit F], has asserted affirmative defenses, and sought that Plaintiff take nothing by way of his Complaint, for the cost of suit incurred herein, for attorney's fees and costs, and for such other and further relief as the Court deems just and proper.
II.
Statement of jurisdiction: Plaintiff, AURELIO INFANTE LANDIN, is and was at all relevant times herein a resident of the State of Nevada, County of Clark. Defendant, CARDENAS MARKETS LLC, and its parent companies are incorporated in the State of Delaware. Removal is appropriate pursuant to 28 U.S.C. §1441(b) because there is diversity of citizenship sufficient to justify removal in that Plaintiff AURELIO INFANTE LANDIN is a citizen of the State of Nevada and Defendant CARDENAS MARKETS, LLC is a citizen of the State of Delaware, County of New Castle. For purposes of civil actions otherwise removable solely on the basis of the jurisdiction under 28 U.S.C. §1332(a), “the citizenship of defendants sued under fictitious names shall be disregarded”, and the citizenship of Defendants DOES I through X, inclusive and ROE CORPORATIONS I through X are therefore disregarded.
III.
The following facts are admitted by the parties and require no proof: all facts related to jurisdiction are deemed admitted and require no proof. All other facts must be admitted into evidence.
IV.
The following facts, though not admitted, will not be contested at trial by evidence to the contrary: On August 24, 2019, Cardenas operated a grocery store located at 2545 S. Eastern Ave., Las Vegas, NV 89169 at which an incident occurred involving Plaintiff. Furthermore, that Cardenas holds a legal duty to maintain the subject grocery store in a manner as to provide a safe environment for their invited guests.
V.
The following are the issues of fact to be tried and determined at trial. [Each issue of fact must be stated separately and in specific terms:
A. That due to Cardenas' alleged negligence Plaintiff was injured as a result of a slip and
fall incident;
B. That Plaintiffs alleged general damages were a direct and proximate result of the slip and fall incident;
C. That Plaintiffs alleged injuries and medical treatment were a direct and proximate result of the slip and fall incident;
D. That Plaintiffs alleged miscellaneous expenses were a direct and proximate result of the slip and fall incident;
E. That Plaintiffs alleged incidental damages were a direct and proximate result of the slip and fall incident;
F. That Plaintiffs medical expenses were reasonable and customary in the present jurisdiction.
VI.
The following are the issues of law to be to be tried and determined at trial. [Each issue of law must be stated separately and in specific terms]:
A. That Plaintiff was an invitee at the Cardenas store in question on the day of the incident;
B. That Plaintiffs designated experts are qualified to render then opinions.
VII.
(a) The following exhibits are stipulated into evidence in this case and may be so marked by the clerk
Plaintiff:
NO.
DOCUMENT
BATES
1.
Receipt of purchase on day of incident
PLTF-0001
2.
Cardenas corporate number given to Plaintiff
PLTF-0002
3.
Nevada Pain Care - Records and billing statements dated 08/28/2019 - 09/22/2021
PLTF-NVPC-0001 - PLTF-NVPC-0059
4.
Nevada Pain Care - Future cost letter for Lumbar MBN Bil L3, L4, L5 dated 08/12/2021
PLTF-NVPC-0060 - PLTF-NVPC-0061
5.
Nevada Pain Care - Future cost letter for Cervical MBN Bil C2, C3, C4, C5 dated 10/19/2021
PLTF-NVPC-0062- PLTF-NVPC-0063
6.
Las Vegas Radiology - Records and billing statements dated 09/16/2019
PLTF-LVR-0001-PLTF-LVR-0008
7.
CVS Pharmacy billing statements
PLTF-CVS-0001-PLTF-CVS-0004
8.
East Desert Inn Wellness Center - Records and billing statements dated 10/11/2019 -05/08/2020
PLTF-EDIW-0001-PLTF-EDIW-0138
9.
Enrico Fazzini. D.O - Records and billing statements dated 12/12/2019 - 02/05/2020
PLTF-EF-0001 - PLTF-EF-0008
10.
Pueblo Medical Imaging - Billing statement and Imaging Report dated 12/23/2019
PLTF-PMI-0001 - PLTF-PMI-0003
11.
Sunset Pain Surgery Center - Billing statement dated 07/22/2021
PLTF-SPSC-0001
12.
Nevada Pain Care - Records and billing dated 06/08/2022 - 9/28/2022
PLTF-NVPC0064-0080
13.
Nevada Pain Care Cost estimate & Lein Acknowledgement dated 9/28/2022
PLTF 00083
14.
Sunset Pain Surgery Center - Billing statement dated 07/22/2021 - 08/30/2022
PLTF-SPSC-0002 -PLTF 00084
Defendant:
| No. | Document Description | Bates |
| 1. | Map of Cardenas Store #38 | DEF000001 |
| 2. | Inspection Log for 8/24/2019 | DEF000002-DEF000018 |
| 3. | Defendant's Insurance Policy | DEF000019-DEF000111 |
| 4. | Customer Incident Report | DEF000112 |
| 5. | 5 color photos taken at time of incident | DEF000113-DEF000117 |
| 6. | Surveillance Videos | DEF000118 |
| https: //bwbo. syncedtool.com/shares/folder/WWYmu5XvARY/ | ||
| 7. | Safety Information Guidelines | DEF000119 - DEF000157 |
| 8. | Records received from Dr. Enrico Fazzini in response to Subpoena Duces Tecum | DEF000158 -DEF000165 |
| 9. | Records received from Nevada Pain Care in response to Subpoena Duces Tecum | DEF000166 - DEF000243 |
| 10. | Records and Imaging received from Las Vegas Radiology | DEF000244 - DEF000261 |
| in response to Subpoena Duces tecum | ||
| 11. | Records received from Sunset Pain Surgery Center in response to Subpoena Duces Tecum | DEF000262-DEF000313 |
| 12. | Records received from East Desert Inn and Wellness Center in response to Subpoena Duces Tecum | DEF000314 - DEF000457 |
| 13. | Records received from Gold Medal Funding for Las Vegas Radiology in response to Subpoena Duces Tecum | DEF000458 - DEF000465 |
| 14. | Records received from Gold Medal Funding for Pueblo Medical Imaging in response to Subpoena Duces Tecum | DEF000466 - DEF000471 |
| 15. | Radiology Films received from Pueblo Medical Imaging in response to Subpoena Duces Tecum | DEF000472 |
| 16. | Plaintiffs Expert John Peterson's documents in response to Subpoena Duces Tecum | DEF000473 - DEF000613 |
| 17. | Jeffrey C. Wang, M.D's Curriculum Vitae, Fee Schedule and Testimony List | DEF000614 - DEF000729 |
| 18. | Jeffrey Wang, M.D.'s Comprehensive Medical Evaluation Report dated February 4, 2022 | DEF000730 - DEF000734 |
| 19. | Eric S. Farbman, M.D.'s Curriculum Vitae. Fee Schedule and Testimony List | DEF000735 - DEF000746 |
| 20. | Eric S. Farbman, M.D's Independent Medical Review Report dated February 26, 2022 | DEF000747 - DEF000751 |
| 21. | Robin Caulfield, NCARB's Curriculum Vitae, Fee Schedule and Testimony List | DE000752 - DE000765 |
| 22. | Robin Caulfield, NCARB's Rebuttal Report of Findings dated April 4, 2022 | DEF000766 - DEF000798 |
Defendant reserves the right to utilize any document identified by any party.
(b) As to the following exhibits, the party against whom the same will be offered objects to then admission on the grounds stated:
(1) Set forth the plaintiff s exhibits and objections to them: N/A
(2) Set forth the defendant's exhibits and objections to them: N/A
(c) Electronic evidence: [State whether the parties intent to present electronic evidence for purposes of jury deliberations.]
The parties intend to use electronic evidence in the form of the surveillance footage of the incident.
(d) Depositions: [Indicate name of deponent and identify portions to be offered by pages and lines and the party or parties against whom offered.]
(1) Plaintiff will offer the following depositions: N/A
(2) Defendant will offer the following depositions:
Defendant offers the deposition testimony of Plaintiff in its entirety (140 pp).
(e) Objections to depositions:
(1) Defendant objects to plaintiff's depositions as follows: N/A
(2) Plaintiff objects to defendant's depositions as follows: N/A
VIII.
The following witnesses may be called by the parties at trial:
(a) Provide names and addresses of plaintiff's witnesses.
1. Aurelio Infante Landin, Plaintiff
c/o Eric Blank Injury Attorneys
7860 W. Sahara Avenue, Suite 110
Las Vegas, Nevada 89117
Aurelio Infante Landin is the Plaintiff in this action and was an invited patron on Defendant's premises. This witness is expected to testify regarding the facts and circumstances surrounding the incident at issue in the instant case.
2. Cardenas Markets, LLC. Defendant
c/o Bremer Whyte Brown, & O'Meara, LLP
1160 N. Town Center Drive, Suite 250
Las Vegas, NV 89144
Cardenas Markets, L.L.C., is the Defendant in this action and the owner of the premises of this instant action. This witness is expected to provide testimony as to the facts and circumstances surrounding this incident.
3. Adam Antflick, D.O.
Stephen A. Gephardt, M.D.
And/or Person(s) Most Knowledgeable (PMK) and/or Custodian of Records
Nevada Pain Care
7220 S. Cimarron Rd., Ste 270
Las Vegas, NV 89113
Adam Antflick, M.D. and Stephen A. Gephardt, MD, are pain management providers who treated Plaintiff for the subject slip and fall. This witness(es) may be expected to testify regarding, but not limited to, Plaintiff's care and treatment provided related to the subject incident as set forth in the related medical records and reports; the necessity of the same; causation of injuries to a reasonable degree of medical certainty and probability; the usual and customary charges for the services provided and the reasonableness for same; and any other matters within his knowledge.
4. Bhuvana P. Kittusamy, M.D.
And/or Person(s) Most Knowledgeable (PMK) and/or Custodian of Records
Las Vegas Radiology
7500 Smoke Ranch Rd., Suite 100
Las Vegas, NV 89128
Bhuvana P. Kittusamy, M.D., is a radiologist. This witness may be expected to testify regarding, but not limited to, Plaintiff's care and treatment provided related to the subject incident as set forth in the related medical records and reports; the necessity of the same; causation of injuries to a reasonable degree of medical certainty and probability; the usual and customary charges for the services provided and the reasonableness for same; and any other matters within his knowledge.
5. Glen S. Cochrane, D.C.
And/or Person(s) Most Knowledgeable (PMK) and/or Custodian of Records
East Desert Inn Wellness
1090 E. Desert Inn Rd., Suite 102
Las Vegas, NV 89109
Dr. Glen Cochrane, D.C,. treated Plaintiff for pain in his neck and back due to injuries suffered at the subject accident. This witness(es) may be expected to testify regarding, but not limited to, Plaintiff's care and treatment provided related to the subject incident as set forth in the related medical records and reports; the necessity of the same; causation of injuries to a reasonable degree of medical certainty and probability; the usual and customary charges for the services provided and the reasonableness for same; and any other matters within his knowledge.
6. Enrico Fazzini, D.O., Ph.D, F.A.C.N.
And/or Person(s) Most Knowledgeable (PMK) and/or Custodian of Records
291 North Pecos Rd.
Henderson, NV 89074
Dr. Enrico Fazzini treated Plaintiff for pain localied to the shoulders but also radiates to the head due to injuries suffered at the subject incident. This witness(es) may be expected to testify regarding, but not limited to, Plaintiff's care and treatment provided related to the subject incident as set forth in the related medical records and reports; the necessity of the same; causation of injuries to a reasonable degree of medical certainty and probability; the usual and customary charges for the services provided and the reasonableness for same; and any other matters within his knowledge.
7. Eric Biesbroeck, M.D.
And/or Person(s) Most Knowledgeable (PMK) and/or Custodian of Records
Pueblo Medical Imaging
8551 W. Lake Mead Blvd., Suite 150
Las Vegas, NV 89128
Eric Biesbroeck, M.D., is the radiologist who interpreted Plaintiff's imaging at Pueblo Medical Imaging for an MRI for the date of service referenced above. This witness(es) may be expected to testify regarding, but not limited to, Plaintiff's care and treatment provided related to the subject incident as set forth in the related medical records and reports; the necessity of the same; causation of injuries to a reasonable degree of medical certainty and probability; the usual and customary charges for the services provided and the reasonableness for same; and any other matters within his knowledge.
8. John R. Peterson
RETAIL LITIGATION CONSULTANTS, LLC
6620 Buckskin
Las Vegas, Nevada 89108
Mr. Peterson is a retained expert and is a certified Safety and Health Manager. Mr. Peterson is expected to testify consistent with his report and may be supplemented in the future.
Mr. Peterson is expected to testify as to his expert opinion to a reasonable degree of professional certainty and probability based upon his inspection(s) of the subject premises, records and information reviewed, and his education, training, and professional experience within the construction and safety industry. This witness is expected to testify regarding his inspection of the subject premises and consistent with his expert report and any supplements thereto, as well as with regard to any documents, tangible items, photos, or other physical evidence this witness utilized in preparing his report. This witness may be expected to examine and testify regarding his review of relevant records disclosed by any party to this case, case deposition testimony, any party responses to written discovery, and any additional documents that may be identified in Mr. Peterson's eventual reports, including but not limited to the injuries Plaintiff sustained in the subject trip-and-fall trauma related to any hazards and negligence identified by this witness as to Defendants and the subject premises.
Mr. Peterson is further expected to testify regarding a number of issues in this matter, including, but not limited to, liability and Defendant's compliance or lack thereof with applicable safety and building codes.
(b) Provide names and addresses of defendant's witnesses.
1. Aurelio Infante Landin
c/o Eric R. Blank, Esq.
David M. Moore, Esq.
ERIC BLANK INJURY ATTORNEYS
7860 W. Sahara Ave., Ste. 110
Las Vegas, NV 89117
Mr. Landin is the Plaintiff in this action and is expected to testify as to his knowledge as to the facts and circumstances regarding the accident that forms the basis of this matter.
2. Cardenas Markets, LLC
c/o Anthony T. Garasi, Esq.
Madeline M. Arcellana, Esq.
Ty M. Maynarich, Esq.
BREMER WHYTE BROWN & O'MEARA LLP
1160 N. Town Center Drive, Suite 250
Las Vegas, Nevada 89144
Cardenas Markets, LLC is the Defendant in this action and is expected to testify as to its knowledge and understanding as to the facts and circumstances regarding the accident that forms the basis of this matter.
3. Person(s) Most Knowledgeable and/or Custodian of Records for
Pueblo Medical Imaging
5495 S. Rainbow Blvd., Ste. 203
Las Vegas, NV 89118
The Person(s) Most Knowledgeable and/or Custodian of Records for Pueblo Medical Imaging is one of Plaintiff's treatment providers and is expected to testify as to the treatment and findings concerning care given to Plaintiff.
4. Person(s) Most Knowledgeable and/or Custodian of Records for
Nevada Pain Care
7220 S. Cimarron Rd., Ste. 270
Las Vegas, NV 89113
The Person(s) Most Knowledgeable and/or Custodian of Records for Nevada Pain Care is one of Plaintiff's treatment providers and is expected to testify as to the treatment and findings concerning care given to Plaintiff.
5. Person(s) Most Knowledgeable and/or Custodian of Records for
Enrico Fazzini, D.O., Ph.D., F.A.C.N.
291 North Pecos Rd.
Henderson, NV 89074
The Person(s) Most Knowledgeable and/or Custodian of Records for Enrico Fazzini, D.O. is one of Plaintiff's treatment providers and is expected to testify as to the treatment and findings concerning care given to Plaintiff.
6. Person(s) Most Knowledgeable and/or Custodian of Records for
Las Vegas Radiology
7500 Smoke Ranch Rd., Ste. 100
Las Vegas, NV 89128
The Person(s) Most Knowledgeable and/or Custodian of Records for Las Vegas Radiology is one of Plaintiff's treatment providers and is expected to testify as to the treatment and findings concerning care given to Plaintiff.
7. Person(s) Most Knowledgeable and/or Custodian of Records for
Sunset Pain Surgery Center
9120 W. Russell Rd., Ste. 100
Las Vegas, NV 89148
The Person(s) Most Knowledgeable and/or Custodian of Records for Sunset Pain Surgery Center is one of Plaintiff's treatment providers and is expected to testify as to the treatment and findings concerning care given to Plaintiff.
8. Person(s) Most Knowledgeable and/or Custodian of Records for East Desert Inn Wellness
1090 E. Desert Inn Rd., Ste. 102
Las Vegas, NV 89109
The Person(s) Most Knowledgeable and/or Custodian of Records for East Desert Inn Wellness is one of Plaintiff's treatment providers and is expected to testify as to the treatment and findings concerning care given to Plaintiff.
9. Person(s) Most Knowledgeable and/or Custodian of Records for
CVS Pharmacy
701 S. Carson St., #200
Carson City, NV 89701
The Person(s) Most Knowledgeable and/or Custodian of Records for John R. Peterson is one of Plaintiff's treatment providers and is expected to testify as to the treatment and findings concerning care given to Plaintiff.
Defendant reserves the right to call and or utilize any witness identified by any party.
IX.
The attorneys or parties have met and jointly offer these three trial dates:
1. March 1, 2023
2. April 5, 2023
3. May 3, 2023
It is expressly understood by the undersigned that the court will set the trial of this matter on one of the agreed-upon dates if possible; if not, the trial will be set at the convenience of the court's calendar.
X.
It is estimated that the trial will take a total of 3-5 days.
APPROVED AS TO FORM AND CONTENT:
XI.
ACTION BY THE COURT
This case is set for jury trial on the stacked calendar on April 3, 2023 at the hour of 9:00 a.m.. Calendar call will be held on March 16, 2023 at 9:30 a.m. in courtroom 6B.