On October 15, 2019 a
Party Discovery
was filed
involving a dispute between
Smith, Lueretta,
and
Winn- Dixie Stores, Inc,
for Neg - Premises Liability Commercial
in the District Court of Broward County.
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Filing # 122956889 E-Filed 03/11/2021 04:24:21 PM
IN THE CIRCUIT COURT OF THE
17™ JUDICIAL CIRCUIT IN AND
FOR BROWARD COUNTY, FLORIDA
CASE NO: CACE 19-021319
Lueretta Smith, individually,
Plaintiff,
VS.
Winn-Dixie Stores, Inc., a Florida corporation,
Defendant.
/
PLAINTIFF'S THIRD REQUEST FOR ADMISSIONS TO DEFENDANT
Plaintiff requests Defendant, pursuant to Rule 1.370, F.R.C.P., to admit in writing the truth
of the matters set forth below on or by the thirtieth (30) day after service of this Third Request for
Admission:
DEFINITIONS
For purposes of these requests for admissions, the term “near the area where Plaintiff fell”
means in front of the grape produce display in that aisle in between the table of grapes and another
display of produce directly behind it as seen in all four video clips produced by Defendant.
1. As depicted in the video clip #1 produced by Defendant, admit that one or more customers
walk near the area where Plaintiff fell at 19:05:38.
2. As depicted in the video clip #2 produced by Defendant, admit that one or more customers
walk near the area where Plaintiff fell at 19:11:10.
3. As depicted in the video clip #2 produced by Defendant, admit that one or more customers
walk near the area where Plaintiff fell at 19:17:49.
4. As depicted in the video clip #2 produced by Defendant, admit that one or more customers
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 03/11/2021 04:24:22 PM.****walk near the area where Plaintiff fell at 19:19:32.
5. As depicted in the video clip #2 produced by Defendant, admit that one or more customers
walk near the area where Plaintiff fell at 19:21:16.
6. As depicted in the video clips #1 and 2 produced by Defendant, admit that no employee
walks in the area of Plaintiff's fall from 18:57 to 19:25.
7. Admit that an employee of Defendant is seen on the video clip #1 walking by the end of the
grape display case but fails to walk near the area where Plaintiff fell.
8. Admit that an employee of Defendant is seen on video clip #1 produced by Defendant
walking with a cart of produce at 19:05:05 but fails to walk near the area where Plaintiff fell.
CERTIFICATE OF SERVICE
I certify that a copy hereof has been furnished via email to Paul J. Gamm, Esq., at
pgamm@hinshawlaw.com and kcardenas@hinshawlaw.com on March 11, 2021.
The Law Offices of Justin G. Morgan, P.A.
2500 Weston Road, Suite 211
Weston, Florida 33331
Tel: (954) 217-1016
Fax: (954) 217-1019
pleadings@justginmorganlaw.com
/s/Susan Guller
SUSAN GULLER, ESQ.
FBN: 385859
Document Filed Date
March 11, 2021
Case Filing Date
October 15, 2019
Category
Neg - Premises Liability Commercial
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Filing # 122956889 E-Filed 03/11/2021 04:24:21 PM IN THE CIRCUIT COURT OF THE 17™ JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CASE NO: CACE 19-021319 Lueretta Smith, individually, Plaintiff, VS. Winn-Dixie Stores, Inc., a Florida corporation, Defendant. / PLAINTIFF'S THIRD REQUEST FOR ADMISSIONS TO DEFENDANT Plaintiff requests Defendant, pursuant to Rule 1.370, F.R.C.P., to admit in writing the truth of the matters set forth below on or by the thirtieth (30) day after service of this Third Request for Admission: DEFINITIONS For purposes of these requests for admissions, the term “near the area where Plaintiff fell” means in front of the grape produce display in that aisle in between the table of grapes and another display of produce directly behind it as seen in all four video clips produced by Defendant. 1. As depicted in the video clip #1 produced by Defendant, admit that one or more customers walk near the area where Plaintiff fell at 19:05:38. 2. As depicted in the video clip #2 produced by Defendant, admit that one or more customers walk near the area where Plaintiff fell at 19:11:10. 3. As depicted in the video clip #2 produced by Defendant, admit that one or more customers walk near the area where Plaintiff fell at 19:17:49. 4. As depicted in the video clip #2 produced by Defendant, admit that one or more customers *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 03/11/2021 04:24:22 PM.****walk near the area where Plaintiff fell at 19:19:32. 5. As depicted in the video clip #2 produced by Defendant, admit that one or more customers walk near the area where Plaintiff fell at 19:21:16. 6. As depicted in the video clips #1 and 2 produced by Defendant, admit that no employee walks in the area of Plaintiff's fall from 18:57 to 19:25. 7. Admit that an employee of Defendant is seen on the video clip #1 walking by the end of the grape display case but fails to walk near the area where Plaintiff fell. 8. Admit that an employee of Defendant is seen on video clip #1 produced by Defendant walking with a cart of produce at 19:05:05 but fails to walk near the area where Plaintiff fell. CERTIFICATE OF SERVICE I certify that a copy hereof has been furnished via email to Paul J. Gamm, Esq., at pgamm@hinshawlaw.com and kcardenas@hinshawlaw.com on March 11, 2021. The Law Offices of Justin G. Morgan, P.A. 2500 Weston Road, Suite 211 Weston, Florida 33331 Tel: (954) 217-1016 Fax: (954) 217-1019 pleadings@justginmorganlaw.com /s/Susan Guller SUSAN GULLER, ESQ. FBN: 385859