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Filing # 136925832 E-Filed 10/20/2021 01:05:17 PM
IN THE CIRCUIT COURT OF THE 15TH
JUDICIAL CIRCUIT, IN AND FOR,
PALM BEACH COUNTY, FLORIDA
CASE NO.: 50-2021-CA-010108
MARION J. YOUNG BUTERA and
THOMAS BUTERA, her spouse
Plaintiff,
vs.
EDENS LIMITED PARTNERSHIP D/B/A
SUNSHINE SQUARE PLAZA and
THE BRIGHTVIEW LANDSCAPES, LLC
Defendants.
EDENS LIMITED PARTNERSHIP D/B/A
SUNSHINE SQUARE PLAZA,
Cross-Plaintiff,
VS.
THE BRIGHTVIEW LANDSCAPES, LLC,
Cross-Defendant
eee
DEFENDANT’S EDENS LIMITED PARTNERSHIP D/B/A SUNSHINE
SQUARE PLAZA’S NOTICE OF SERVICE OF LOSS OF CONSORTIUM
INTERROGATORIES TO PLAINTIFF, THOMAS BUTERA
YOU ARE HEREBY NOTIFIED that pursuant to Florida Rules of Civil Procedure 1.340 and
other applicable rules, the undersigned files this, its Notice of Service of Loss of COnsortium Interrogatories
to Plaintiff, THOMAS BUTERA.
*** FILED: PALM BEACH COUNTY, FL JOSEPH ABRUZZO, CLERK. 10/20/2021 01:05:17 PM ***CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this 20" day of October 2021, I electronically filed the foregoing
document with the Clerk of Court using Florida Courts eFiling Portal. I also certify that the foregoing
document is being served this day on all counsel of record or pro se parties identified as follows, either via
transmission of Notices of Electronic Filing generated by Florida Courts eFiling Portal or in some other
authorized manner for those counsel or parties who are not authorized to receive electronic Notices of
Filing: Barry C. Hoffman, Esquire; Counsel for Plaintiff at Law Offices of Barry G. Hoffman Law Firm,
9045 La Fontana Boulevard, Suite 1106, Boca Raton, FL 33434; hchlawoffice@aol.com; David J. Majcak,
Esquire; Counsel for Defendant, The Brightview Landscapes, LLC, at Law Offices of Goldberg Segalla,
LLP, 222 Lakeview Avenue, Suite 800, West Palm Beach, FL 33401; dmajcak@goldbergsegalla.com;
dharrison@goldbergsegalla.ocm
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this 30" day of October, 2020, I electronically filed the
foregoing document with the Clerk of Court using Florida Courts eFiling Portal. I also certify that
the foregoing document is being served this day on all counsel of record or pro se parties identified
as follows, either via transmission of Notices of Electronic Filing generated by Florida Courts eFiling
Portal or in some other authorized manner for those counsel or parties who are not authorized to
receive electronic Notices of Electronic Filing: Keith J. Lambdin, Esquire, Erik J. Willman, Esquire,
Agnant & Lambdin, LLC, 2 South University Drive, Suite 315, Fort Lauderdale, Florida 33324;
Klambdin@agnantlaw.com; ewillman@agnantlaw.com; clondono@agnantlaw.com;
kpiedra@agnantlaw.com;LAW OFFICES OF JAMES W. KEHOE, III
3230 West Commercial Blvd., Suite 250
Fort Lauderdale, FL 33309
Mailing Address:
P.O. Box 2903
Hartford, CT 06104-2903
Telephone No.: (954) 677-3723
Facsimile No.: (866) 292-4641
mkatler@travelers.com
cenrich@travelers.com
Tgruende@travelers.com
:
aS
=>
By:
MITCHELL H. KATLER, ESQUIRE
Florida Bar Number: 454982LOSS OF CONSORTIUM INTERROGATORIES TO PLAINTIFF, THOMAS BUTERA
1. Identify yourself fully, giving your full name, date of birth, social security number, residence
address, and, if you are answering for someone else, your official position.
2. Have you ever used or been known by any other name(s). If so, state the other name(s), when
each other name was used, and the reason each other name was used.
3. Have you ever been convicted of a crime? If so, state the nature of the crime and the date and
place of conviction.
4. Are you presently married? If so, state the name of your spouse and the date and place of
your marriage.
5. Set forth each address at which you have lived with your spouse stating for each address, the
inclusive dates resided therein and the name(s) and present or last known address(es) of any
person(s) who resided therein with you and your spouse.
6. Have you or your spouse been married previously? If so, state the name and present or last
known address of each such spouse, the inclusive dates of each marriage, and the reason each
such marriage was terminated.10.
11.
12.
Do you or your spouse have any children by the present or former marriage? If so, state for
each child the name, date of birth, present address and the names of the natural parents.
Have you been separated at any time from your spouse from the date of your marriage to the
date you are answering these interrogatories? If so, state the dates of such separation(s) and
the reasons for such separation(s).
List the names, business addresses and business telephone numbers of all medical doctors by
whom, and all hospitals at which you have been seen for any reason, examined and/or treated
in the past seven (7) years.
Were you present when the alleged incident occurred? If so, describe in chronological detail
how the alleged incident occurred, stating everything that you did and everything that
happened from the time a few minutes immediately preceding the alleged incident to and
including the time of the alleged incident and from the time of the alleged incident until your
spouse reached your home or received medical treatment.
Are you claiming damages for loss of consortium? (For the purpose of this interrogatory, the
term "consortium" shall include, but not be limited to, loss of companionship of your spouse,
loss of society of your spouse, loss of affection of your spouse, loss of services of your spouse,
loss of sexual enjoyment with your spouse, loss of prospect of becoming a parent and loss of
prospect of having additional children). If so, please state each loss suffered as a result of the
alleged incident and set forth in complete detail all facts on which your claim for each loss is
based.
Do you content that the alleged injuries suffered by your spouse in this incident terminated or
limited your sexual relations. If so, state in what manner the injuries terminated or limited
such relations and the inclusive dates of the limitation(s) or termination.13.
14.
15.
16.
17.
Do you claim that the alleged injuries to your spouse limited or restricted your leisure
activities? If so, set forth in complete detail all facts on which your claim is based.
Do you claim any damage for emotion or mental suffering as a result of the alleged incident
that is the subject of this lawsuit? If so, set forth in complete detail all facts on which your
claim is based.
Do you claim that as a result of the alleged incident, you had to assume duties or
responsibilities that belonged to your spouse prior to said incident? If so, describe the duties
or responsibilities assumed and state the number of hours spent at each such duty or
responsibility.
As a result of the alleged incident, have you been forced to curtail, limit, cut down, or
terminate any activity or entertainment in which you participated prior to the alleged incident?
If so, identify each such activity and state the amount of time per month devoted to each such
activity during the 18-month period prior to the alleged incident, the amount of time per month
devoted to each such activity after the alleged incident, and each and every reason why you
are unable to devote as much time to each such activity after the alleged incident as before the
alleged incident.
During the 18-month period prior to the alleged incident, did you or your spouse hire or make
use of any cleaning person, maid, baby sitter, or other domestic worker? If so, explain the
task(s) of each such worker including in your answer the worker's name and address, hours
worked per week, rate of pay per hour and inclusive dates of employment.19.
20.
21.
22.
23.
Because of the alleged incident which is the subject to your complaint, did you or your spouse
hire or make use of any cleaning person, maid, baby sitter or other domestic worker or any
additional cleaning person, maid, baby sitter or other domestic worker. If so, explain the task
of each such worker including in your answer the worker's name and address, hours worked
per week, rate of pay per hour and inclusive dates of employment.
Will you continue to need additional help for any cleaning person, maid, baby sitter or other
domestic worker? If so, state each task that you contemplate needing additional help for, the
length of time it is contemplated that such help will be needed and the probable future cost of
each additional help.
Since the date of your marriage to your spouse, have you or your spouse contacted any
medical professional or any other counselor trained in marriage, sexual or emotional
counseling? If so, list the name and professional address of each medical professional or
counselor visited or consulted with, giving the inclusive dates for each visit or consultation
and a description of each problem causing the need for any visit or counseling.
List the names, addresses, phone numbers, rates of pay and nature of work for all employers
for whom you have worked in the past seven (7) years, including in your answer, the inclusive
dates of each such employment.
Do you contend that the alleged incident has affected your employment with any employer?
If so, describe in detail your basis for this contention.
Do you contend that you have lost any form of compensation as a result of the injuries sued
on in this action? If so, what was the amount lost, the period during which it was lost, the
nature of the compensation and the method that you used in computing the amount.24.
25.
List each item of expense that you claim to have incurred as a result of the injuries sued on in
this action, giving for each item, the date incurred, to whom owed or paid and the good or
services for which each was incurred.
Is there any loss, damage or expense that you are claiming to have incurred which is not
referred to in the preceding interrogatories? If so, state each additional loss, damage or
expense incurred and set forth in complete detail all facts on which your claim for each loss,
damage or expense is based.THOMAS BUTERA
STATE OF FLORIDA )
)ss:
COUNTY OF )
BEFORE ME, the undersigned authority, personally appeared, THOMAS BUTERA who,
after being first duly swom, acknowledged that he is the person duly authorized to execute the
foregoing Answers to Interrogatories, and that he has read the answers and that they are true and
correct to the best of his knowledge and belief, and he executed same in my presence, this
day of , 2021.
Notary Public State of Florida
My Commission Expires:
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Filing # 136925832 E-Filed 10/20/2021 01:05:17 PM IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT, IN AND FOR, PALM BEACH COUNTY, FLORIDA CASE NO.: 50-2021-CA-010108 MARION J. YOUNG BUTERA and THOMAS BUTERA, her spouse Plaintiff, vs. EDENS LIMITED PARTNERSHIP D/B/A SUNSHINE SQUARE PLAZA and THE BRIGHTVIEW LANDSCAPES, LLC Defendants. EDENS LIMITED PARTNERSHIP D/B/A SUNSHINE SQUARE PLAZA, Cross-Plaintiff, VS. THE BRIGHTVIEW LANDSCAPES, LLC, Cross-Defendant eee DEFENDANT’S EDENS LIMITED PARTNERSHIP D/B/A SUNSHINE SQUARE PLAZA’S NOTICE OF SERVICE OF LOSS OF CONSORTIUM INTERROGATORIES TO PLAINTIFF, THOMAS BUTERA YOU ARE HEREBY NOTIFIED that pursuant to Florida Rules of Civil Procedure 1.340 and other applicable rules, the undersigned files this, its Notice of Service of Loss of COnsortium Interrogatories to Plaintiff, THOMAS BUTERA. *** FILED: PALM BEACH COUNTY, FL JOSEPH ABRUZZO, CLERK. 10/20/2021 01:05:17 PM ***CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 20" day of October 2021, I electronically filed the foregoing document with the Clerk of Court using Florida Courts eFiling Portal. I also certify that the foregoing document is being served this day on all counsel of record or pro se parties identified as follows, either via transmission of Notices of Electronic Filing generated by Florida Courts eFiling Portal or in some other authorized manner for those counsel or parties who are not authorized to receive electronic Notices of Filing: Barry C. Hoffman, Esquire; Counsel for Plaintiff at Law Offices of Barry G. Hoffman Law Firm, 9045 La Fontana Boulevard, Suite 1106, Boca Raton, FL 33434; hchlawoffice@aol.com; David J. Majcak, Esquire; Counsel for Defendant, The Brightview Landscapes, LLC, at Law Offices of Goldberg Segalla, LLP, 222 Lakeview Avenue, Suite 800, West Palm Beach, FL 33401; dmajcak@goldbergsegalla.com; dharrison@goldbergsegalla.ocm CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 30" day of October, 2020, I electronically filed the foregoing document with the Clerk of Court using Florida Courts eFiling Portal. I also certify that the foregoing document is being served this day on all counsel of record or pro se parties identified as follows, either via transmission of Notices of Electronic Filing generated by Florida Courts eFiling Portal or in some other authorized manner for those counsel or parties who are not authorized to receive electronic Notices of Electronic Filing: Keith J. Lambdin, Esquire, Erik J. Willman, Esquire, Agnant & Lambdin, LLC, 2 South University Drive, Suite 315, Fort Lauderdale, Florida 33324; Klambdin@agnantlaw.com; ewillman@agnantlaw.com; clondono@agnantlaw.com; kpiedra@agnantlaw.com;LAW OFFICES OF JAMES W. KEHOE, III 3230 West Commercial Blvd., Suite 250 Fort Lauderdale, FL 33309 Mailing Address: P.O. Box 2903 Hartford, CT 06104-2903 Telephone No.: (954) 677-3723 Facsimile No.: (866) 292-4641 mkatler@travelers.com cenrich@travelers.com Tgruende@travelers.com : aS => By: MITCHELL H. KATLER, ESQUIRE Florida Bar Number: 454982LOSS OF CONSORTIUM INTERROGATORIES TO PLAINTIFF, THOMAS BUTERA 1. Identify yourself fully, giving your full name, date of birth, social security number, residence address, and, if you are answering for someone else, your official position. 2. Have you ever used or been known by any other name(s). If so, state the other name(s), when each other name was used, and the reason each other name was used. 3. Have you ever been convicted of a crime? If so, state the nature of the crime and the date and place of conviction. 4. Are you presently married? If so, state the name of your spouse and the date and place of your marriage. 5. Set forth each address at which you have lived with your spouse stating for each address, the inclusive dates resided therein and the name(s) and present or last known address(es) of any person(s) who resided therein with you and your spouse. 6. Have you or your spouse been married previously? If so, state the name and present or last known address of each such spouse, the inclusive dates of each marriage, and the reason each such marriage was terminated.10. 11. 12. Do you or your spouse have any children by the present or former marriage? If so, state for each child the name, date of birth, present address and the names of the natural parents. Have you been separated at any time from your spouse from the date of your marriage to the date you are answering these interrogatories? If so, state the dates of such separation(s) and the reasons for such separation(s). List the names, business addresses and business telephone numbers of all medical doctors by whom, and all hospitals at which you have been seen for any reason, examined and/or treated in the past seven (7) years. Were you present when the alleged incident occurred? If so, describe in chronological detail how the alleged incident occurred, stating everything that you did and everything that happened from the time a few minutes immediately preceding the alleged incident to and including the time of the alleged incident and from the time of the alleged incident until your spouse reached your home or received medical treatment. Are you claiming damages for loss of consortium? (For the purpose of this interrogatory, the term "consortium" shall include, but not be limited to, loss of companionship of your spouse, loss of society of your spouse, loss of affection of your spouse, loss of services of your spouse, loss of sexual enjoyment with your spouse, loss of prospect of becoming a parent and loss of prospect of having additional children). If so, please state each loss suffered as a result of the alleged incident and set forth in complete detail all facts on which your claim for each loss is based. Do you content that the alleged injuries suffered by your spouse in this incident terminated or limited your sexual relations. If so, state in what manner the injuries terminated or limited such relations and the inclusive dates of the limitation(s) or termination.13. 14. 15. 16. 17. Do you claim that the alleged injuries to your spouse limited or restricted your leisure activities? If so, set forth in complete detail all facts on which your claim is based. Do you claim any damage for emotion or mental suffering as a result of the alleged incident that is the subject of this lawsuit? If so, set forth in complete detail all facts on which your claim is based. Do you claim that as a result of the alleged incident, you had to assume duties or responsibilities that belonged to your spouse prior to said incident? If so, describe the duties or responsibilities assumed and state the number of hours spent at each such duty or responsibility. As a result of the alleged incident, have you been forced to curtail, limit, cut down, or terminate any activity or entertainment in which you participated prior to the alleged incident? If so, identify each such activity and state the amount of time per month devoted to each such activity during the 18-month period prior to the alleged incident, the amount of time per month devoted to each such activity after the alleged incident, and each and every reason why you are unable to devote as much time to each such activity after the alleged incident as before the alleged incident. During the 18-month period prior to the alleged incident, did you or your spouse hire or make use of any cleaning person, maid, baby sitter, or other domestic worker? If so, explain the task(s) of each such worker including in your answer the worker's name and address, hours worked per week, rate of pay per hour and inclusive dates of employment.19. 20. 21. 22. 23. Because of the alleged incident which is the subject to your complaint, did you or your spouse hire or make use of any cleaning person, maid, baby sitter or other domestic worker or any additional cleaning person, maid, baby sitter or other domestic worker. If so, explain the task of each such worker including in your answer the worker's name and address, hours worked per week, rate of pay per hour and inclusive dates of employment. Will you continue to need additional help for any cleaning person, maid, baby sitter or other domestic worker? If so, state each task that you contemplate needing additional help for, the length of time it is contemplated that such help will be needed and the probable future cost of each additional help. Since the date of your marriage to your spouse, have you or your spouse contacted any medical professional or any other counselor trained in marriage, sexual or emotional counseling? If so, list the name and professional address of each medical professional or counselor visited or consulted with, giving the inclusive dates for each visit or consultation and a description of each problem causing the need for any visit or counseling. List the names, addresses, phone numbers, rates of pay and nature of work for all employers for whom you have worked in the past seven (7) years, including in your answer, the inclusive dates of each such employment. Do you contend that the alleged incident has affected your employment with any employer? If so, describe in detail your basis for this contention. Do you contend that you have lost any form of compensation as a result of the injuries sued on in this action? If so, what was the amount lost, the period during which it was lost, the nature of the compensation and the method that you used in computing the amount.24. 25. List each item of expense that you claim to have incurred as a result of the injuries sued on in this action, giving for each item, the date incurred, to whom owed or paid and the good or services for which each was incurred. Is there any loss, damage or expense that you are claiming to have incurred which is not referred to in the preceding interrogatories? If so, state each additional loss, damage or expense incurred and set forth in complete detail all facts on which your claim for each loss, damage or expense is based.THOMAS BUTERA STATE OF FLORIDA ) )ss: COUNTY OF ) BEFORE ME, the undersigned authority, personally appeared, THOMAS BUTERA who, after being first duly swom, acknowledged that he is the person duly authorized to execute the foregoing Answers to Interrogatories, and that he has read the answers and that they are true and correct to the best of his knowledge and belief, and he executed same in my presence, this day of , 2021. Notary Public State of Florida My Commission Expires: