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Filing # 103409316 E-Filed 02/17/2020 01:49:14 PM
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.
/
RESPONSE TO REQUEST FOR PRODUCTION
Defendant, WINN-DIXIE STORES, INC., by and through undersigned counsel, responds
to the Request for Production propounded by Plaintiff, LUERETTA SMITH, on January 20,
2020, as follows:
1. All statements, or similar documents, of Plaintiff, that relate to the allegations
contained within the Complaint.
RESPONSE: Objection work product privilege. Plaintiff has given non-
recorded verbal statements to Winn-Dixie employees. Additionally, Plaintiff filled out
and signed a Customer Statement Form, please see attached.
2. All photographs, scene videos, or similar documents, of the accident scene or the
persons involved in the claims made in this action.
RESPONSE: Objection, work product privileges. See Privilege Log. See
Motion for Protective Order.
3. All insurance policies, or similar documents, that provide you with coverage or
benefits for the claims made in this action.
RESPONSE: Objection, irrelevant, unduly burdensome, harassing, and not
reasonably calculated to lead to the discovery or relevant or admissible evidence.
Notwithstanding and without waiving said objection, Winn-Dixie is self-insured up to $2
Million Dollars which is well in excess the alleged value of this loss; there is no Med Pay
4. All photographs, video, or similar material of Plaintiff.
1025563\305012486.v1
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 02/17/2020 01:49:14 PM.****CASE NO. CACE-19-021319 (13)
RESPONSE: Objection, vague and over broad. Notwithstanding said
objections, work product privileges and see Privilege Log. See Motion for Protective
Order
5. All incident reports, or similar documents, of any of the claims made in this
action.
RESPONSE: Objection overly broad and not limited in time and scope. Further,
Defendant objects to this Request to the extent that it seeks information protected by the
attorney work-product doctrine, or otherwise seeks information developed specifically in
anticipation of litigation. See Privilege Log.
6. All statements of any witnesses.
RESPONSE: See Response to Number 1.
7. All incident reports, or similar documents, for incidents that resulted in alleged
injury, which occurred at the subject premises, identified i in the Complaint, within one year
before and after the date of the accident.
RESPONSE: Defendant objects to this Request to the extent that it seeks
information protected by the attorney work-product doctrine, or otherwise seeks
information developed specifically in anticipation of litigation. Notwithstanding and
without waiving said objections, none in the one year prior to the time of the subject
incident.
8. All procedures books, manuals, brochures, training films, pamphlets, posters,
transcripts, or similar documents, relating to general safety and maintenance that would have
been in place or used at the subject premises, listed in the Complaint, on the date of the accident.
RESPONSE: Objection, irrelevant, unduly burdensome, harassing, and not
reasonably calculated to lead to the discovery or relevant or admissible evidence.
Defendant objects to this Request to the extent that it seeks information protected by the
attorney work-product doctrine, or otherwise seeks proprietary information
9. All training manuals, personnel manuals, or instruction booklets, which describe
or refer to the care, custody and control of the premises, on the date of the accident.
RESPONSE: Objection, irrelevant, unduly burdensome, harassing, and not
reasonably calculated to lead to the discovery or relevant or admissible evidence.
Defendant objects to this Request to the extent that it seeks information protected by the
attorney work-product doctrine, or otherwise seeks proprietary information
1025563\305012486.v1CASE NO. CACE-19-021319 (13)
10. Any rental agreements in effect on the date of accident listed in the Complaint,
including any indemnity agreements or similar documents.
RESPONSE: = Objection, irrelevant, unduly burdensome, harassing, not
reasonably limited in scope and time, and not reasonably calculated to lead to the
discovery or relevant or admissible evidence.
11. All results of testing on the subject premises done by any engineer, architect,
building, inspector, governmental agency, or by an agent or employee of Defendant.
RESPONSE: Objection, irrelevant, unduly burdensome, harassing, not
reasonably limited in scope and time, and not reasonably calculated to lead to the
discovery or relevant or admissible evidence.
12. All architectural plans, drawings, or designs of the premises.
RESPONSE: = Objection, irrelevant, unduly burdensome, harassing, not
reasonably limited in scope and time, and not reasonably calculated to lead to the
discovery or relevant or admissible evidence.
13. All architectural plans, drawings, or designs of the subject at issue area alleged to
have caused Plaintiff(s) damages.
RESPONSE: = Objection, irrelevant, unduly burdensome, harassing, not
reasonably limited in scope and time, and not reasonably calculated to lead to the
discovery or relevant or admissible evidence.
14. For the date of the accident/incident, the work and payroll records of the
maintenance employee(s) who was/were on duty at the premises, and records of any reports he
filed.
ONSE: Objection, irrelevant, unduly burdensome, harassing, not
reasonably limited in scope and time, and not reasonably calculated to lead to the
discovery or relevant or admissible evidence. Notwithstanding and without waiving said
objections, a time and attendance report is attached.
15. Any and all contracts and/or written agreements/papers with any other person or
entity, or any potential “Fabre” defendant, which would shift liability to another person or entity.
1025563\305012486.v1CASE NO. CACE-19-021319 (13)
(For example, maintenance contracts, lease/rental agreements, etc.)
RESPONSE: = Objection, irrelevant, unduly burdensome, harassing, not
reasonably limited in scope and time, and not reasonably calculated to lead to the
discovery or relevant or admissible evidence. Notwithstanding and without waiving said
objections, none.
16. That Defendant produce and permit Plaintiff to inspect and to copy, test, or
sample each of the following objects on Defendant's premises:
(a) The subject premises listed in the Complaint
RESPONSE: Objection, irrelevant, unduly burdensome, harassing, not
reasonably limited in scope and time, and not reasonably calculated to lead to the
discovery or relevant or admissible evidence. Defendant will make premises available
for inspection, and the produce department available for any non-destructive testing that
will be governed by a court approved protocol.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this 17th day of February, 2020, 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\305012486.v1
Preview
Filing # 103409316 E-Filed 02/17/2020 01:49:14 PM 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. / RESPONSE TO REQUEST FOR PRODUCTION Defendant, WINN-DIXIE STORES, INC., by and through undersigned counsel, responds to the Request for Production propounded by Plaintiff, LUERETTA SMITH, on January 20, 2020, as follows: 1. All statements, or similar documents, of Plaintiff, that relate to the allegations contained within the Complaint. RESPONSE: Objection work product privilege. Plaintiff has given non- recorded verbal statements to Winn-Dixie employees. Additionally, Plaintiff filled out and signed a Customer Statement Form, please see attached. 2. All photographs, scene videos, or similar documents, of the accident scene or the persons involved in the claims made in this action. RESPONSE: Objection, work product privileges. See Privilege Log. See Motion for Protective Order. 3. All insurance policies, or similar documents, that provide you with coverage or benefits for the claims made in this action. RESPONSE: Objection, irrelevant, unduly burdensome, harassing, and not reasonably calculated to lead to the discovery or relevant or admissible evidence. Notwithstanding and without waiving said objection, Winn-Dixie is self-insured up to $2 Million Dollars which is well in excess the alleged value of this loss; there is no Med Pay 4. All photographs, video, or similar material of Plaintiff. 1025563\305012486.v1 *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 02/17/2020 01:49:14 PM.****CASE NO. CACE-19-021319 (13) RESPONSE: Objection, vague and over broad. Notwithstanding said objections, work product privileges and see Privilege Log. See Motion for Protective Order 5. All incident reports, or similar documents, of any of the claims made in this action. RESPONSE: Objection overly broad and not limited in time and scope. Further, Defendant objects to this Request to the extent that it seeks information protected by the attorney work-product doctrine, or otherwise seeks information developed specifically in anticipation of litigation. See Privilege Log. 6. All statements of any witnesses. RESPONSE: See Response to Number 1. 7. All incident reports, or similar documents, for incidents that resulted in alleged injury, which occurred at the subject premises, identified i in the Complaint, within one year before and after the date of the accident. RESPONSE: Defendant objects to this Request to the extent that it seeks information protected by the attorney work-product doctrine, or otherwise seeks information developed specifically in anticipation of litigation. Notwithstanding and without waiving said objections, none in the one year prior to the time of the subject incident. 8. All procedures books, manuals, brochures, training films, pamphlets, posters, transcripts, or similar documents, relating to general safety and maintenance that would have been in place or used at the subject premises, listed in the Complaint, on the date of the accident. RESPONSE: Objection, irrelevant, unduly burdensome, harassing, and not reasonably calculated to lead to the discovery or relevant or admissible evidence. Defendant objects to this Request to the extent that it seeks information protected by the attorney work-product doctrine, or otherwise seeks proprietary information 9. All training manuals, personnel manuals, or instruction booklets, which describe or refer to the care, custody and control of the premises, on the date of the accident. RESPONSE: Objection, irrelevant, unduly burdensome, harassing, and not reasonably calculated to lead to the discovery or relevant or admissible evidence. Defendant objects to this Request to the extent that it seeks information protected by the attorney work-product doctrine, or otherwise seeks proprietary information 1025563\305012486.v1CASE NO. CACE-19-021319 (13) 10. Any rental agreements in effect on the date of accident listed in the Complaint, including any indemnity agreements or similar documents. RESPONSE: = Objection, irrelevant, unduly burdensome, harassing, not reasonably limited in scope and time, and not reasonably calculated to lead to the discovery or relevant or admissible evidence. 11. All results of testing on the subject premises done by any engineer, architect, building, inspector, governmental agency, or by an agent or employee of Defendant. RESPONSE: Objection, irrelevant, unduly burdensome, harassing, not reasonably limited in scope and time, and not reasonably calculated to lead to the discovery or relevant or admissible evidence. 12. All architectural plans, drawings, or designs of the premises. RESPONSE: = Objection, irrelevant, unduly burdensome, harassing, not reasonably limited in scope and time, and not reasonably calculated to lead to the discovery or relevant or admissible evidence. 13. All architectural plans, drawings, or designs of the subject at issue area alleged to have caused Plaintiff(s) damages. RESPONSE: = Objection, irrelevant, unduly burdensome, harassing, not reasonably limited in scope and time, and not reasonably calculated to lead to the discovery or relevant or admissible evidence. 14. For the date of the accident/incident, the work and payroll records of the maintenance employee(s) who was/were on duty at the premises, and records of any reports he filed. ONSE: Objection, irrelevant, unduly burdensome, harassing, not reasonably limited in scope and time, and not reasonably calculated to lead to the discovery or relevant or admissible evidence. Notwithstanding and without waiving said objections, a time and attendance report is attached. 15. Any and all contracts and/or written agreements/papers with any other person or entity, or any potential “Fabre” defendant, which would shift liability to another person or entity. 1025563\305012486.v1CASE NO. CACE-19-021319 (13) (For example, maintenance contracts, lease/rental agreements, etc.) RESPONSE: = Objection, irrelevant, unduly burdensome, harassing, not reasonably limited in scope and time, and not reasonably calculated to lead to the discovery or relevant or admissible evidence. Notwithstanding and without waiving said objections, none. 16. That Defendant produce and permit Plaintiff to inspect and to copy, test, or sample each of the following objects on Defendant's premises: (a) The subject premises listed in the Complaint RESPONSE: Objection, irrelevant, unduly burdensome, harassing, not reasonably limited in scope and time, and not reasonably calculated to lead to the discovery or relevant or admissible evidence. Defendant will make premises available for inspection, and the produce department available for any non-destructive testing that will be governed by a court approved protocol. CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 17th day of February, 2020, 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\305012486.v1