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Charlotte County Clerk
1059964 Date : 02/24/00 - 11:39:13 id: 14 IN THE CIRCUIT COURT FOR THE
TWENTIETH JUDICIAL CIRCUIT IN
Case#: 00000185CA Pa les: 0010
A i Hil
AND FOR CHARLOTTE COUNTY,
FLORIDA
CASE NO: 00-185CA
HELEN SUB HUNT and JOHN HUNT,
FLORIDA BAR NO: €14432
Plaintiffs,
vs. ie eo
MARK S. TRACY, D.P.M., MARK
TRACY, D.P.M., P.A., PAMELA
J. HUMPEL, D.P.M., and
a =
mM
MATTHEW J. FINEMAN, D.P.M., P.A.
x~To oo
ne
Defendants. re
/
MARK
SE
E S. TRACY,
E D.P.M. BRPA.
. .A. AND MARK S.
S. TRACY,
TRACY
D.P.M. PB -'S ANSWER TO THE COMPLAINT
The Defendants, MARK S. TRACY, D.P.M. and MARK s. TRACY,
D.P.M., P.A., by and through their undersigned counsel files this
Answer to the Complaint herein and states as follows:
1 Paragraph 1 is denied.
2 Paragraph 2 is denied.
3 This Defendant lacks sufficient knowledge within which to
answer paragraph 3 and, therefore, denies same.
4 It is admitted that Mark a
3 Tracy, D.P.M. is a podiatrist
licensed to practice in the State of Florida.
5 Paragraph 5 is admitted.
6 This Defendant lacks sufficient knowledge within which to
answer paragraphs 7 and 8 and, therefore, denies same.
7 It is admitted that Mark 8S. Tracy, D.P.M. received a
Notice of Intent to initiate litigation.
PARENTI,
FALK,WAAS, HERNANDEZ & CORTINA
PROFESSIONAL ASSOCIATION
113 ALMERIA AVENUE, CORAL GABLES, FLORIDA 33134 TELEPHONE
(305) 447-6500
8 This Defendant lacks sufficient knowledge within which to
answer paragraphs 11, 12 and 13 and, therefore, denies same.
9 Paragraph 14 is admitted insofar as a response was
forwarded on or about January 14, 2000 on behalf of Mark Ss. Tracy,
D.P.M. denying the Plaintiffs’ claim herein. The allegations as to
the failure of Mark S. Tracy, D.P.M., P.A. are specifically denied.
Attached hereto and marked as exhibit “A” is a letter dated February
2, 2000 to Plaintiffs’ counsel advising that the claim set forth
in the Notice of Intent dated November 9, 1999 to Mark S. Tracy,
D.P.M., P.A. was investigated and was denied.
10. Each and every allegation of the Complaint not heretofore
admitted is specifically denied and strict proof is demanded
thereof.
AFFIRMATIVE DEFENSES
i At all times material hereto, the Plaintiff conducted
herself so carelessly and negligently so as to have been the sole
and/or contributing cause of the alleged incident herein sued upon,
and therefore, the Plaintiff may not recover herein or her damages
should be reduced accordingly.
2 At all times material hereto, the Plaintiff has received
medical and other benefits from collateral sources, and therefore,
any verdict should be reduced accordingly.
3 At all times material hereto, if the Plaintiff suffered
injuries as alleged in the Amended Complaint, such injuries resulted
from the negligence of some person, corporation or entity other than
PARENTI,
FALK, WAAS, HERNANDEZ & CORTINA
PROFESSIONAL ASSOCIATION
(13 ALMERIA AVENUE, CORAL GABLES, FLORIDA 33134 TELEPHONE (305) 447-6500
this Defendant, the identity of which is unknown at this time.
Pursuant to Nash v. Wells Fargo Guard Service Inc., 678 So.2d 1262
(Fla. 1996) and Gonzalez v. Veloso, 22 Fla. Law Weekly D1539 (Fla.
3d DCA 6/25/97), this Defendant specifically alleges that should any
or all of the Co-Defendants settle this case or otherwise be
dismissed from this action, then this Defendant will seek to have
them placed on the verdict form as negligent tortfeasors. Should
the Co-Defendants remain in this action, then this Defendant does
not specifically allege that the Co-Defendants were negligent.
4 At all times material hereto, if the Plaintiff suffered
injuries as alleged in the Complaint, such injuries resulted from
the negligence of an independent contractor for whom this Defendant
is not legally responsible.
5 At all times material hereto, the Plaintiff have failed
to comply with the conditions precedent to the filing of this
lawsuit as required by Fla. Stat. $766. , et seq.
6 At all times material hereto, the Plaintiff knowingly and
voluntarily assumed the risk of injury, and therefore, the claim of
the Plaintiffs is barred or their damages should be reduced
accordingly.
q
At all times material hereto, the Statute of Limitations
bars this claim, and therefore, the Plaintiff(s) may not recover
herein.
8 The Complaint fails to state a cause of action.
PARENTI,
FALK,WAAS, HERNANDEZ & CORTINA
PROFESSIONAL ASSOCIATION
113 ALMERIA AVENUE, CORAL GABLES, FLORIDA 33134 TELEPHONE (305) 447-6500
9 At all times material hereto, the Plaintiff failed to
comply with reasonable requests for discoverable information during
the pre-suit period. Specifically, the Plaintiffs failed to provide
medical records from the Orthodic Prosthetic Center nor they did
they timely provide the description and type of care in her
treatment rendered by Dr. Ramirez, Dr. Janz and Dr. Kalin. As such,
they failed to strictly comply with the requirements of Chapter 766
and, as such, their claim should be bared.
DEMAND FOR JURY TRIAL
The Defendant herein demands a trial by jury on all issues so
triable as a matter of right.
CERTIFICATE OF SERVICE
ie
WE HEREBY CERTIFY that the a nd correct copy of the
foregoing was sent by U.S. Mail this day of FEBRUARY, 2000 to:
ROBERT G. LYONS, ESQUIRE, Postal D raWer 4195, Sarasota, Florida
34230 and WILLIAM 8. JONASSEN, P.O. Box 366, Indian Rocks Beach,
Florida 33785.
PARENTI, FALK, WAAS, HERNANDEZ & CORTINA, P.A.
Attorneys for Dr. Tracy
113 Almeria Avenue
Coral Gables Florida 33234
Tel:
By
ERA Mia
PARENTI,
FALK, WAAS, HERNANDEZ & CORTINA
PROFESSIONAL ASSOCIATION
U3 ALMERIA AVENUE, CORAL GABLES, FLORIDA 33134 TELEPHONE (305) 447-6500
PARENT, FAaLk, Waas, HERNANDEZ
PROFESSIONAL ASSOCIATION & CORTINA
MICHAEL P. BONNER
ARMANDO CORTINA ATTORNEYS AT Law
GLENN P. FALK 113 ALMERIA AVENUE
EDWARD HERNANDEZ CORAL GABLES, FLORIDA 33134
GAIL LEVERETT PARENT! TELEPHONE (305) 447-6500
MICHAEL J. Parenti, ur TELEFAX (305) 447-1777
CHERYL L. PoTrER
SCOTT E. SOLOMON
NORMAN M. waas,
February 2, 2000
Sent Via Facsimile and
EXHIBIT |
Certified Mail Retur n_ Receipt
R obert Re este d
G. Lyons, Esquire
Icard, Merrill, Cullis, Timm,
Furen, and Ginsburg, P.a.
2033 Main Street
Suite 600
Sarasota, Florida 34237
Re: Helen Hunt v. Mark s + Tracy, D.P.M., P.a,
Our File No. 4678/ NMW
Dear Mr. Lyons:
You mailed aN lotice
of Intent dated November
we Tracy, D.P.M., 9 1999 to Mark
P.A. As part of our investiga
we requestéd that you tio n o f this claim,
provide a co: py of the medical
the Orthotic Prost hetic Center, records from
Care and/or treat ment a nd a description of th e type of
rendered b y Dr. Ramirez,
Kalen. Dr. Janz and Dr.
These items were not provided
it is our position to us, and
that you have fai led to strictly com
Chapter ply wi th the requirements
766, Without waiving our
of
letter as a fo rmal den positi on, please accept
ial of your thi s
enclosed affid avit of claim. We will rely upon the
Thomas Merrill,
Position. D.P.M., in support of our
Thank you for your attention
truly
iPWN rs,
{ L
Gafl Leverett Parenti
Fo, the firm
GLP:dfp
Enclosure
IN RE: PRESUIT SCREENING OF CLAIMS PURSUANT TO
FLORIDA RULE OF CIVIL PROCEDURE 1.650 and
FLORIDA STATUTES 766.106 and 768.201 et. seq.
IN RE: Helen Sue Hunt
Certificate of Service
WE HEREBY CERTIFY that a true and correct copy of the
foregoing was mailed via Certified Mail/Return Receipt Requested
and sent via facsimile, this 2" day of February, 2000, to: Robert
G. Lyons, Esquire, Icard, Merrill, Cullis, Timm, Furen, and Ginsburg,
P.A., 2033 Main Street, Suite 600, Sarasota, Florida, 34237, and sent
via first class mail to: William s. Jonassen, Esquire,P.A., P.O.
Box 366, Indian Rock Beach, Florida 33785.
Parenti, Falk, Waas,
Hernandez & Cortina, P.A.
113 Almeria Avenue
Coral les, FL 33134
our
Tele {305) 447-6500
47-1777
Kp Lute
Gail Leverett Parenti
Fifa. Bar No. 380164
PARE
Farx, NT
WAAS, I,
HERNANDEZ & CORTINA
PROFESSIONAL ASSOCIATION
be: Mark S. Tracy, D.P.M.
Jeffrey L. Hart, CCLA
Hz \LIBRARY\NMW\
Hunt \L-att\lyons004.glp.wpd
AFFIDAVIT OF THOMAS MERRILL, D.P.M.
STATE OF FLORIDA )
ss
COUNTY OF MIAMI-DADE )
BEFORE ME, the undersigned authority, personally appeared
THOMAS MERRILL, D.P.M., who having been first duly sworn and
cautioned, states:
1 My name is Thomas Merrill, D.P.M. I am over the age of
eighteen and have personal knowledge of the facts and opinions
contained within this affidavit.
2 Attached hereto and marked as Exhibit "A" is a true and
correct copy of my curriculum vitae.
3 I have been retained as an expert to review the care and
treatment rendered by Mark Tracy, D.P.M., P.A., to Helen Hunt.
4 I have reviewed the following records of Helen Hunt:
a) office records cf Mark Tracy, D.P.M.;
b) medical records from Columbia Fawcett Hospital;
c) office records of Pamela Humpel, D.P.M.;
d) records from CAS Pain Management Service;
e) records from Sports, Rehabilitation, and Physical
Medicine Specialists;
£ records from Dr. Len at Sports, Rehabilitation and
Physical Medicine Specialists;
g) office records of Robert A. Hansell, M.D.;
£) physical therapy records from Charlotte Regional
Medical Center;
g) copies of photographs depicting Ms. Hunt's alleged
injuries; and,
h) foot x-rays dated 5/7/97, 12/31/97, and 3/16/99.
5 Based upon my review of these medical records and based
upon my background, training, education and experience, it is my
opinion, within a reasonable degree of pediatric probability, that
Mark Tracy, D.P.M., P.A., met the standard of care in providing
treatment to Helen Hunt.
6 Further, it is my opinion, within a reasonable degree of
podiatric probability that Mark Tracy, D.P.M., P.A., did not cause
or contribute to causing any of Helen Hunt's claimed injuries.
7
Based upon my review of these medical records, as well
as, my background, training, education and experience, it is my
opinion within a reasonable degree of podiatric probability that
Mark Tracy, D.P.M., P.A., properly diagnosed Ms. Hunt's bilateral
fifth digit hammertoe deformity. Physical examination on May 5,
1997, revealed hypertrophic heads of the proximal phalanges with
exostosis formation and mild pain to palpation. Further, on July
17, 1997, Ms. Hunt complained of pain again to the fifth toes
bilaterally. Ms. Hunt complained of continued pain on the
subsequent visits of August 11, 1997, and October 6, 1997.
8 It is also my opinion, within a reasonable degree of
podiatric probability, that Mark Tracy, D.P.M., P.A., provided
appropriate and extensive conservative therapy prior to attempting
surgical intervention.
9 It is my further opinion, within a reasonable degree of
podiatric probability, that the surgery which Helen Hunt underwent
was appropriate and performed correctly.
10. Finally, it is my opinion, within a reasonable degree of
podiatric probability, that Mark Tracy, D.P.M., P.A., properly
diagnosed Ms. Hunt's neuralgia post-operatively, which was caused
by adhesions and scar tissue formation, and that the treatment for
this condition was appropriate.
11. To the best of my knowledge, no opinion of mine has ever
been disallowed or disqualified by any court.
FURTHER AFFIANT SAYETH NOT.
Ahauag Mérnll GOA
THOMAS MERRILL, D.P.M.
See , SHOR TO AND SUBSCRIBED before me this __ day of Eteary
+233, by THOMAS MERRILL, D.P.M., who is ( ) is not ( ) personally
‘known to me and presented the following £Z DA Wéto £30 S£€ 0/00 as
identification and who did ( 4 did not ( }) take an oath.
DK Mh he
Signature of Notary Public
ANSARRNIAAAAR ULES
> Sharon L. Kukla
x, 4 Notary Public, State
of Florida
;
Van Commission No. CC 600388
0" My Commission Exp. 12/21/2000 §
Through Fle. Notary Service& Honding Co. &
Same PAI
Name of Notary Printed
Preview
Charlotte County Clerk 1059964 Date : 02/24/00 - 11:39:13 id: 14 IN THE CIRCUIT COURT FOR THE TWENTIETH JUDICIAL CIRCUIT IN Case#: 00000185CA Pa les: 0010 A i Hil AND FOR CHARLOTTE COUNTY, FLORIDA CASE NO: 00-185CA HELEN SUB HUNT and JOHN HUNT, FLORIDA BAR NO: €14432 Plaintiffs, vs. ie eo MARK S. TRACY, D.P.M., MARK TRACY, D.P.M., P.A., PAMELA J. HUMPEL, D.P.M., and a = mM MATTHEW J. FINEMAN, D.P.M., P.A. x~To oo ne Defendants. re / MARK SE E S. TRACY, E D.P.M. BRPA. . .A. AND MARK S. S. TRACY, TRACY D.P.M. PB -'S ANSWER TO THE COMPLAINT The Defendants, MARK S. TRACY, D.P.M. and MARK s. TRACY, D.P.M., P.A., by and through their undersigned counsel files this Answer to the Complaint herein and states as follows: 1 Paragraph 1 is denied. 2 Paragraph 2 is denied. 3 This Defendant lacks sufficient knowledge within which to answer paragraph 3 and, therefore, denies same. 4 It is admitted that Mark a 3 Tracy, D.P.M. is a podiatrist licensed to practice in the State of Florida. 5 Paragraph 5 is admitted. 6 This Defendant lacks sufficient knowledge within which to answer paragraphs 7 and 8 and, therefore, denies same. 7 It is admitted that Mark 8S. Tracy, D.P.M. received a Notice of Intent to initiate litigation. PARENTI, FALK,WAAS, HERNANDEZ & CORTINA PROFESSIONAL ASSOCIATION 113 ALMERIA AVENUE, CORAL GABLES, FLORIDA 33134 TELEPHONE (305) 447-6500 8 This Defendant lacks sufficient knowledge within which to answer paragraphs 11, 12 and 13 and, therefore, denies same. 9 Paragraph 14 is admitted insofar as a response was forwarded on or about January 14, 2000 on behalf of Mark Ss. Tracy, D.P.M. denying the Plaintiffs’ claim herein. The allegations as to the failure of Mark S. Tracy, D.P.M., P.A. are specifically denied. Attached hereto and marked as exhibit “A” is a letter dated February 2, 2000 to Plaintiffs’ counsel advising that the claim set forth in the Notice of Intent dated November 9, 1999 to Mark S. Tracy, D.P.M., P.A. was investigated and was denied. 10. Each and every allegation of the Complaint not heretofore admitted is specifically denied and strict proof is demanded thereof. AFFIRMATIVE DEFENSES i At all times material hereto, the Plaintiff conducted herself so carelessly and negligently so as to have been the sole and/or contributing cause of the alleged incident herein sued upon, and therefore, the Plaintiff may not recover herein or her damages should be reduced accordingly. 2 At all times material hereto, the Plaintiff has received medical and other benefits from collateral sources, and therefore, any verdict should be reduced accordingly. 3 At all times material hereto, if the Plaintiff suffered injuries as alleged in the Amended Complaint, such injuries resulted from the negligence of some person, corporation or entity other than PARENTI, FALK, WAAS, HERNANDEZ & CORTINA PROFESSIONAL ASSOCIATION (13 ALMERIA AVENUE, CORAL GABLES, FLORIDA 33134 TELEPHONE (305) 447-6500 this Defendant, the identity of which is unknown at this time. Pursuant to Nash v. Wells Fargo Guard Service Inc., 678 So.2d 1262 (Fla. 1996) and Gonzalez v. Veloso, 22 Fla. Law Weekly D1539 (Fla. 3d DCA 6/25/97), this Defendant specifically alleges that should any or all of the Co-Defendants settle this case or otherwise be dismissed from this action, then this Defendant will seek to have them placed on the verdict form as negligent tortfeasors. Should the Co-Defendants remain in this action, then this Defendant does not specifically allege that the Co-Defendants were negligent. 4 At all times material hereto, if the Plaintiff suffered injuries as alleged in the Complaint, such injuries resulted from the negligence of an independent contractor for whom this Defendant is not legally responsible. 5 At all times material hereto, the Plaintiff have failed to comply with the conditions precedent to the filing of this lawsuit as required by Fla. Stat. $766. , et seq. 6 At all times material hereto, the Plaintiff knowingly and voluntarily assumed the risk of injury, and therefore, the claim of the Plaintiffs is barred or their damages should be reduced accordingly. q At all times material hereto, the Statute of Limitations bars this claim, and therefore, the Plaintiff(s) may not recover herein. 8 The Complaint fails to state a cause of action. PARENTI, FALK,WAAS, HERNANDEZ & CORTINA PROFESSIONAL ASSOCIATION 113 ALMERIA AVENUE, CORAL GABLES, FLORIDA 33134 TELEPHONE (305) 447-6500 9 At all times material hereto, the Plaintiff failed to comply with reasonable requests for discoverable information during the pre-suit period. Specifically, the Plaintiffs failed to provide medical records from the Orthodic Prosthetic Center nor they did they timely provide the description and type of care in her treatment rendered by Dr. Ramirez, Dr. Janz and Dr. Kalin. As such, they failed to strictly comply with the requirements of Chapter 766 and, as such, their claim should be bared. DEMAND FOR JURY TRIAL The Defendant herein demands a trial by jury on all issues so triable as a matter of right. CERTIFICATE OF SERVICE ie WE HEREBY CERTIFY that the a nd correct copy of the foregoing was sent by U.S. Mail this day of FEBRUARY, 2000 to: ROBERT G. LYONS, ESQUIRE, Postal D raWer 4195, Sarasota, Florida 34230 and WILLIAM 8. JONASSEN, P.O. Box 366, Indian Rocks Beach, Florida 33785. PARENTI, FALK, WAAS, HERNANDEZ & CORTINA, P.A. Attorneys for Dr. Tracy 113 Almeria Avenue Coral Gables Florida 33234 Tel: By ERA Mia PARENTI, FALK, WAAS, HERNANDEZ & CORTINA PROFESSIONAL ASSOCIATION U3 ALMERIA AVENUE, CORAL GABLES, FLORIDA 33134 TELEPHONE (305) 447-6500 PARENT, FAaLk, Waas, HERNANDEZ PROFESSIONAL ASSOCIATION & CORTINA MICHAEL P. BONNER ARMANDO CORTINA ATTORNEYS AT Law GLENN P. FALK 113 ALMERIA AVENUE EDWARD HERNANDEZ CORAL GABLES, FLORIDA 33134 GAIL LEVERETT PARENT! TELEPHONE (305) 447-6500 MICHAEL J. Parenti, ur TELEFAX (305) 447-1777 CHERYL L. PoTrER SCOTT E. SOLOMON NORMAN M. waas, February 2, 2000 Sent Via Facsimile and EXHIBIT | Certified Mail Retur n_ Receipt R obert Re este d G. Lyons, Esquire Icard, Merrill, Cullis, Timm, Furen, and Ginsburg, P.a. 2033 Main Street Suite 600 Sarasota, Florida 34237 Re: Helen Hunt v. Mark s + Tracy, D.P.M., P.a, Our File No. 4678/ NMW Dear Mr. Lyons: You mailed aN lotice of Intent dated November we Tracy, D.P.M., 9 1999 to Mark P.A. As part of our investiga we requestéd that you tio n o f this claim, provide a co: py of the medical the Orthotic Prost hetic Center, records from Care and/or treat ment a nd a description of th e type of rendered b y Dr. Ramirez, Kalen. Dr. Janz and Dr. These items were not provided it is our position to us, and that you have fai led to strictly com Chapter ply wi th the requirements 766, Without waiving our of letter as a fo rmal den positi on, please accept ial of your thi s enclosed affid avit of claim. We will rely upon the Thomas Merrill, Position. D.P.M., in support of our Thank you for your attention truly iPWN rs, { L Gafl Leverett Parenti Fo, the firm GLP:dfp Enclosure IN RE: PRESUIT SCREENING OF CLAIMS PURSUANT TO FLORIDA RULE OF CIVIL PROCEDURE 1.650 and FLORIDA STATUTES 766.106 and 768.201 et. seq. IN RE: Helen Sue Hunt Certificate of Service WE HEREBY CERTIFY that a true and correct copy of the foregoing was mailed via Certified Mail/Return Receipt Requested and sent via facsimile, this 2" day of February, 2000, to: Robert G. Lyons, Esquire, Icard, Merrill, Cullis, Timm, Furen, and Ginsburg, P.A., 2033 Main Street, Suite 600, Sarasota, Florida, 34237, and sent via first class mail to: William s. Jonassen, Esquire,P.A., P.O. Box 366, Indian Rock Beach, Florida 33785. Parenti, Falk, Waas, Hernandez & Cortina, P.A. 113 Almeria Avenue Coral les, FL 33134 our Tele {305) 447-6500 47-1777 Kp Lute Gail Leverett Parenti Fifa. Bar No. 380164 PARE Farx, NT WAAS, I, HERNANDEZ & CORTINA PROFESSIONAL ASSOCIATION be: Mark S. Tracy, D.P.M. Jeffrey L. Hart, CCLA Hz \LIBRARY\NMW\ Hunt \L-att\lyons004.glp.wpd AFFIDAVIT OF THOMAS MERRILL, D.P.M. STATE OF FLORIDA ) ss COUNTY OF MIAMI-DADE ) BEFORE ME, the undersigned authority, personally appeared THOMAS MERRILL, D.P.M., who having been first duly sworn and cautioned, states: 1 My name is Thomas Merrill, D.P.M. I am over the age of eighteen and have personal knowledge of the facts and opinions contained within this affidavit. 2 Attached hereto and marked as Exhibit "A" is a true and correct copy of my curriculum vitae. 3 I have been retained as an expert to review the care and treatment rendered by Mark Tracy, D.P.M., P.A., to Helen Hunt. 4 I have reviewed the following records of Helen Hunt: a) office records cf Mark Tracy, D.P.M.; b) medical records from Columbia Fawcett Hospital; c) office records of Pamela Humpel, D.P.M.; d) records from CAS Pain Management Service; e) records from Sports, Rehabilitation, and Physical Medicine Specialists; £ records from Dr. Len at Sports, Rehabilitation and Physical Medicine Specialists; g) office records of Robert A. Hansell, M.D.; £) physical therapy records from Charlotte Regional Medical Center; g) copies of photographs depicting Ms. Hunt's alleged injuries; and, h) foot x-rays dated 5/7/97, 12/31/97, and 3/16/99. 5 Based upon my review of these medical records and based upon my background, training, education and experience, it is my opinion, within a reasonable degree of pediatric probability, that Mark Tracy, D.P.M., P.A., met the standard of care in providing treatment to Helen Hunt. 6 Further, it is my opinion, within a reasonable degree of podiatric probability that Mark Tracy, D.P.M., P.A., did not cause or contribute to causing any of Helen Hunt's claimed injuries. 7 Based upon my review of these medical records, as well as, my background, training, education and experience, it is my opinion within a reasonable degree of podiatric probability that Mark Tracy, D.P.M., P.A., properly diagnosed Ms. Hunt's bilateral fifth digit hammertoe deformity. Physical examination on May 5, 1997, revealed hypertrophic heads of the proximal phalanges with exostosis formation and mild pain to palpation. Further, on July 17, 1997, Ms. Hunt complained of pain again to the fifth toes bilaterally. Ms. Hunt complained of continued pain on the subsequent visits of August 11, 1997, and October 6, 1997. 8 It is also my opinion, within a reasonable degree of podiatric probability, that Mark Tracy, D.P.M., P.A., provided appropriate and extensive conservative therapy prior to attempting surgical intervention. 9 It is my further opinion, within a reasonable degree of podiatric probability, that the surgery which Helen Hunt underwent was appropriate and performed correctly. 10. Finally, it is my opinion, within a reasonable degree of podiatric probability, that Mark Tracy, D.P.M., P.A., properly diagnosed Ms. Hunt's neuralgia post-operatively, which was caused by adhesions and scar tissue formation, and that the treatment for this condition was appropriate. 11. To the best of my knowledge, no opinion of mine has ever been disallowed or disqualified by any court. FURTHER AFFIANT SAYETH NOT. Ahauag Mérnll GOA THOMAS MERRILL, D.P.M. See , SHOR TO AND SUBSCRIBED before me this __ day of Eteary +233, by THOMAS MERRILL, D.P.M., who is ( ) is not ( ) personally ‘known to me and presented the following £Z DA Wéto £30 S£€ 0/00 as identification and who did ( 4 did not ( }) take an oath. DK Mh he Signature of Notary Public ANSARRNIAAAAR ULES > Sharon L. Kukla x, 4 Notary Public, State of Florida ; Van Commission No. CC 600388 0" My Commission Exp. 12/21/2000 § Through Fle. Notary Service& Honding Co. & Same PAI Name of Notary Printed