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 # 119446517 E-Filed 01/12/2021 09:40:06 AM
IN THE CIRCUIT COURT OF THE 17TH
JUDICIAL CIRCUIT IN AND FOR
BROWARD COUNTY, FLORIDA
CIVIL DIVISION
LUERETTA SMITH,
Plaintiff, CASE NO. CACE-19-021319 (13)
VS.
WINN-DIXIE STORES, INC.,
Defendant.
/
DEFENDANT'S RESPONSE TO REQUEST FOR ADMISSION
Defendant, WINN-DIXIE STORES, INC., by and through undersigned counsel, responds
to the Request for Admissions propounded by Plaintiff on December 18, 2020, as follows:
1. Admit that Defendant produced 4 video MP4 clips to Plaintiff on or about August
14, 2020 via email. See attached email from defense counsel to undersigned counsel.
RESPONSE: Admitted.
2. Admit that video clip 1 of that referenced in request number 1 above captures
time from 18:25 to 19:09 in the produce department for the date of loss at issue.
RESPONSE: Admitted.
3. Admit that video clip 2 of that referenced produced in request number 1 above
captures time from 19:09 to 19:46 in the produce department for the date of loss at issue.
RESPONSE: Admitted.
4. Admit that video clip 3 of that referenced produced in request number 1 above
captures time from 19:46 to 20:23 in the produce department for the date of loss at issue.
RESPONSE: Admitted.
1025563\307221459.v1
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 01/12/2021 09:40:06 AM.****CASE NO. CACE-19-021319 (13)
5. Admit that video clip 4 of that referenced produced in request number | above
captures time from 20:23 to 20:25 in the produce department for the date of loss at issue.
RESPONSE: Admitted.
6. Admit that a plastic shopping bag remains on the floor of the produce department
from on or about 18:35 to 20:03 as depicted in video clip number 3 produced by Defendant on or
about 8/14/2020.
RESPONSE: Admitted that a plastic produce bag was dropped by a customer at
approximately 18:35 as depicted on the first video clip and was present until picked up by the
produce associate at 20:03 in video clip three.
7. Admit that an employee of Defendant walks by the shopping bag referred to in
request number 6 at 18:38 as depicted on video clip 1 produced 8/14/2020 on the date of loss and
fails to pick up the bag.
RESPONSE: Admitted that the produce associate walked past, but did not see, the
plastic produce bag at approximately 18:38.
8. Admit that the employee referred to above in request number 7 walks on top of
the plastic bag on the floor at on or about 18:38 as depicted in video clip #1 produced on
8/14/2020.
RESPONSE: Denied, see No. 7.
9. Admit that an employee of Defendant walks by the shopping bag referred to in
request number 6 which remains on the floor at 18:56 depicted on video clip 1 produced
8/14/2020 on the date of loss and fails to pick up the bag.
RESPONSE: Denied, as the produce associate was not within 15 feet of the produce
bag at that time in the video.
1025563\307221459.v1CASE NO. CACE-19-021319 (13)
10. Admit that Defendant has no other surveillance video of Plaintiff's fall from a
different camera angle than those 4 produced clips produced on 8/14/2020.
RESPONSE: Admitted.
11. | Admit that the floor in the produce section near the grapes was not swept from
18:25-20:25, as depicted on all 4 video clips produced by Defendant on 8/14/2020.
RESPONSE: Objection as the request presupposes that the floor needed sweeping.
Notwithstanding and without waiving said objection admitted.
12. Admit that the floor in the produce section near the grapes is not cleaned from
18:25-20:25, as depicted on all 4 video clips produced by Defendant on 8/14/2020.
RESPONSE: Objection as the request presupposes that the floor in the produce section
near the grape table needed cleaning. Notwithstanding and without waiving said objection,
admitted.
13. Admit that a person is seen falling at 19:25:43 on video clip #2 produced
8/14/2020.
RESPONSE: Admitted, the Plaintiff passed through the section and upon leaving in the
same direction, fell.
14. Admit that Plaintiff is seen falling on video clip #2 produced 8/14/2020 at or
about 19:25:43.
RESPONSE: Admitted, the Plaintiff passed through the section and upon leaving in the
same direction, fell.
1025563\307221459.v1CASE NO. CACE-19-021319 (13)
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this 12th day of January, 2021, a true and correct copy of
the foregoing was filed and served via Florida Courts eFiling Portal to the following counsel of
record: Justin G. Morgan, Esq., The Law Offices of Justin G. Morgan, P.A., 2500 Weston Road,
Suite 211, Weston, FL 33331; pleadings@justinmorganlaw.com.
HINSHAW & CULBERTSON LLP
/s/ Paul J.Gamm
Paul J. Gamm
Florida Bar No. 0577146
One East Broward Boulevard
Suite 1010
Ft. Lauderdale, FL 33301
Telephone: 954-467-7900
Facsimile: 954-467-1024
Primary: pgamm@hinshawlaw.com
Secondary: kcardenas@hinshawlaw.com
Attorneys for Defendant WINN-DIXIE
1025563\307221459.v1
Document Filed Date
January 12, 2021
Case Filing Date
October 15, 2019
Category
Neg - Premises Liability Commercial
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Filing # 119446517 E-Filed 01/12/2021 09:40:06 AM IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CIVIL DIVISION LUERETTA SMITH, Plaintiff, CASE NO. CACE-19-021319 (13) VS. WINN-DIXIE STORES, INC., Defendant. / DEFENDANT'S RESPONSE TO REQUEST FOR ADMISSION Defendant, WINN-DIXIE STORES, INC., by and through undersigned counsel, responds to the Request for Admissions propounded by Plaintiff on December 18, 2020, as follows: 1. Admit that Defendant produced 4 video MP4 clips to Plaintiff on or about August 14, 2020 via email. See attached email from defense counsel to undersigned counsel. RESPONSE: Admitted. 2. Admit that video clip 1 of that referenced in request number 1 above captures time from 18:25 to 19:09 in the produce department for the date of loss at issue. RESPONSE: Admitted. 3. Admit that video clip 2 of that referenced produced in request number 1 above captures time from 19:09 to 19:46 in the produce department for the date of loss at issue. RESPONSE: Admitted. 4. Admit that video clip 3 of that referenced produced in request number 1 above captures time from 19:46 to 20:23 in the produce department for the date of loss at issue. RESPONSE: Admitted. 1025563\307221459.v1 *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 01/12/2021 09:40:06 AM.****CASE NO. CACE-19-021319 (13) 5. Admit that video clip 4 of that referenced produced in request number | above captures time from 20:23 to 20:25 in the produce department for the date of loss at issue. RESPONSE: Admitted. 6. Admit that a plastic shopping bag remains on the floor of the produce department from on or about 18:35 to 20:03 as depicted in video clip number 3 produced by Defendant on or about 8/14/2020. RESPONSE: Admitted that a plastic produce bag was dropped by a customer at approximately 18:35 as depicted on the first video clip and was present until picked up by the produce associate at 20:03 in video clip three. 7. Admit that an employee of Defendant walks by the shopping bag referred to in request number 6 at 18:38 as depicted on video clip 1 produced 8/14/2020 on the date of loss and fails to pick up the bag. RESPONSE: Admitted that the produce associate walked past, but did not see, the plastic produce bag at approximately 18:38. 8. Admit that the employee referred to above in request number 7 walks on top of the plastic bag on the floor at on or about 18:38 as depicted in video clip #1 produced on 8/14/2020. RESPONSE: Denied, see No. 7. 9. Admit that an employee of Defendant walks by the shopping bag referred to in request number 6 which remains on the floor at 18:56 depicted on video clip 1 produced 8/14/2020 on the date of loss and fails to pick up the bag. RESPONSE: Denied, as the produce associate was not within 15 feet of the produce bag at that time in the video. 1025563\307221459.v1CASE NO. CACE-19-021319 (13) 10. Admit that Defendant has no other surveillance video of Plaintiff's fall from a different camera angle than those 4 produced clips produced on 8/14/2020. RESPONSE: Admitted. 11. | Admit that the floor in the produce section near the grapes was not swept from 18:25-20:25, as depicted on all 4 video clips produced by Defendant on 8/14/2020. RESPONSE: Objection as the request presupposes that the floor needed sweeping. Notwithstanding and without waiving said objection admitted. 12. Admit that the floor in the produce section near the grapes is not cleaned from 18:25-20:25, as depicted on all 4 video clips produced by Defendant on 8/14/2020. RESPONSE: Objection as the request presupposes that the floor in the produce section near the grape table needed cleaning. Notwithstanding and without waiving said objection, admitted. 13. Admit that a person is seen falling at 19:25:43 on video clip #2 produced 8/14/2020. RESPONSE: Admitted, the Plaintiff passed through the section and upon leaving in the same direction, fell. 14. Admit that Plaintiff is seen falling on video clip #2 produced 8/14/2020 at or about 19:25:43. RESPONSE: Admitted, the Plaintiff passed through the section and upon leaving in the same direction, fell. 1025563\307221459.v1CASE NO. CACE-19-021319 (13) CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 12th day of January, 2021, a true and correct copy of the foregoing was filed and served via Florida Courts eFiling Portal to the following counsel of record: Justin G. Morgan, Esq., The Law Offices of Justin G. Morgan, P.A., 2500 Weston Road, Suite 211, Weston, FL 33331; pleadings@justinmorganlaw.com. HINSHAW & CULBERTSON LLP /s/ Paul J.Gamm Paul J. Gamm Florida Bar No. 0577146 One East Broward Boulevard Suite 1010 Ft. Lauderdale, FL 33301 Telephone: 954-467-7900 Facsimile: 954-467-1024 Primary: pgamm@hinshawlaw.com Secondary: kcardenas@hinshawlaw.com Attorneys for Defendant WINN-DIXIE 1025563\307221459.v1