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Filing # 141498770 E-Filed 01/06/2022 02:52:12 PM
IN THE CIRCUIT COURT OF THE 1Sth
JUDICIAL CIRCUIT IN AND FOR PALM
BEACH COUNTY, FLORIDA
MARION J. YOUNG BUTERA
AND THOMAS BUTERA, her spouse,
Plaintiffs, CASE NO: 50-2021-CA-010108
v.
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,
Vv.
THE BRIGHTVIEW LANDSCAPES, LLC,
Cross-Defendant.
/
DEFENDANT/CROSS-DEFENDANT, THE BRIGHTVIEW LANDSCAPES, LLC’S
FIRST REQUEST FOR ADMISSIONS TO DEFENDANT/CROSS-PLAINTIFF, EDENS
LIMITED PARTNERSHIP d/b/a SUNSHINE SQUARE PLAZA
COMES NOW the Defendant/Cross-Defendant, THE BRIGHTVIEW LANDSCAPES,
LLC, by and through its undersigned counsel, and pursuant to Rule 1.370, Florida Rules of Civil
Procedure, hereby requests the Defendant/Cross-Plaintiff, EDENS LIMITED PARTNERSHIP
d/b/a SUNSHINE SQUARE PLAZA , to admit or deny each of the following:
1. Please admit or deny that the “black sprinkler head” referred to in Plaintiffs’
Complaint as having caused the subject trip and fall was present prior to
Defendant/Cross-Defendant, THE BRIGHTVIEW LANDSCAPES, LLC, being
32081956.v1
*** FILED: PALM BEACH COUNTY, FL JOSEPH ABRUZZO, CLERK. 01/06/2022 02:52:12 PM ***32081956.v1
hired for landscape maintenance at the subject property located at: S.E. 18
Street, Boynton Beach, Florida.
RESPONSE:
Please admit or deny that the “black sprinkler head” referred to in Plaintiff's
Complaint as having caused the subject trip and fall was not placed at the location
where the subject accident occurred by Defendant/Cross-Defendant, THE
BRIGHTVIEW LANDSCAPES, LLC.
RESPONSE:
Please admit or deny that Defendant/Cross-Defendant, THE BRIGHTVIEW
LANDSCAPES, LLC, was not hired to determine whether the configuration of
sprinkler heads at the subject property, including the subject “black sprinkler
head,” were in safe locations.
RESPONSE:
Please admit or deny that Defendant/Cross-Defendant, THE BRIGHTVIEW
LANDSCAPES, LLC, was not hired to evaluate the configuration of sprinkler
heads at the subject property, including the subject “black sprinkler head.”
RESPONSE:
Please admit or deny that Defendant/Cross-Defendant, THE BRIGHTVIEW
LANDSCAPES, LLC, was not hired to determine whether customers were
walking through bushes to get to and from the take-out Chinese restaurant at the
subject property located at: S.E. 18" Street, Boynton Beach, Florida.
RESPONSE:6. Please admit or deny that no one from EDENS LIMITED PARTNERSHIP d/b/a
SUNSHINE SQUARE PLAZA (or anyone on its behalf) ever notified THE
BRIGHTVIEW LANDSCAPES, LLC that customers were walking through
bushes to get to and from the take-out Chinese restaurant at the subject property
located at: S.E. 18" Street, Boynton Beach, Florida.
RESPONSE:
7. Please admit or deny that no one from EDENS LIMITED PARTNERSHIP d/b/a
SUNSHINE SQUARE PLAZA (or anyone on its behalf) ever requested THE
BRIGHTVIEW LANDSCAPES, LLC to create a pathway between bushes for
customers to get to and from the take-out Chinese restaurant at the subject
property located at: S.E. 18" Street, Boynton Beach, Florida.
RESPONSE:
[THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK.]
32081956.v1CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was forwarded
electronically to Barry G. Hoffman, Esquire, (Attorney for Plaintiff) hchlawoffice@aol.com,
BARRY G. HOFFMAN LAW FIRM, P.A., 9045 La Fontana Blvd., Suite 106, Boca Raton, FL
33434; Mitchell H. Katler, Esquire, (Attorney for Defendant, Edens Limited Partnership d/b/a
Sunshine Square Plaza), MKatler@travelers.com, EGuilbea@travelers.com;
TGruende@travelers.com; Law Offices of James W. Kehoe, III, 3230 West Commercial Blvd.,
Suite 250, Ft. Lauderdale, FL 33309, this 6th day of January 2022. The certificate is taken as
prima facie proof of such service in compliance with Fla. R. Jud. Admin. 2.516.
/s/ David J. Majcak
GOLDBERG SEGALLA, LLP
David J. Majcak, Esquire
Florida Bar No. 0073883
Rodney Janis, Esquire
Florida Bar No. 647896
222 Lakeview Avenue, Suite 800
West Palm Beach, FL 33401
(561) 618-4466 Office
(561) 618-4549 Fax
email designations:
dmajcak@goldbergsegalla.com
kgomberg@goldbergsegalla.com
32081956.v1
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Filing # 141498770 E-Filed 01/06/2022 02:52:12 PM IN THE CIRCUIT COURT OF THE 1Sth JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA MARION J. YOUNG BUTERA AND THOMAS BUTERA, her spouse, Plaintiffs, CASE NO: 50-2021-CA-010108 v. 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, Vv. THE BRIGHTVIEW LANDSCAPES, LLC, Cross-Defendant. / DEFENDANT/CROSS-DEFENDANT, THE BRIGHTVIEW LANDSCAPES, LLC’S FIRST REQUEST FOR ADMISSIONS TO DEFENDANT/CROSS-PLAINTIFF, EDENS LIMITED PARTNERSHIP d/b/a SUNSHINE SQUARE PLAZA COMES NOW the Defendant/Cross-Defendant, THE BRIGHTVIEW LANDSCAPES, LLC, by and through its undersigned counsel, and pursuant to Rule 1.370, Florida Rules of Civil Procedure, hereby requests the Defendant/Cross-Plaintiff, EDENS LIMITED PARTNERSHIP d/b/a SUNSHINE SQUARE PLAZA , to admit or deny each of the following: 1. Please admit or deny that the “black sprinkler head” referred to in Plaintiffs’ Complaint as having caused the subject trip and fall was present prior to Defendant/Cross-Defendant, THE BRIGHTVIEW LANDSCAPES, LLC, being 32081956.v1 *** FILED: PALM BEACH COUNTY, FL JOSEPH ABRUZZO, CLERK. 01/06/2022 02:52:12 PM ***32081956.v1 hired for landscape maintenance at the subject property located at: S.E. 18 Street, Boynton Beach, Florida. RESPONSE: Please admit or deny that the “black sprinkler head” referred to in Plaintiff's Complaint as having caused the subject trip and fall was not placed at the location where the subject accident occurred by Defendant/Cross-Defendant, THE BRIGHTVIEW LANDSCAPES, LLC. RESPONSE: Please admit or deny that Defendant/Cross-Defendant, THE BRIGHTVIEW LANDSCAPES, LLC, was not hired to determine whether the configuration of sprinkler heads at the subject property, including the subject “black sprinkler head,” were in safe locations. RESPONSE: Please admit or deny that Defendant/Cross-Defendant, THE BRIGHTVIEW LANDSCAPES, LLC, was not hired to evaluate the configuration of sprinkler heads at the subject property, including the subject “black sprinkler head.” RESPONSE: Please admit or deny that Defendant/Cross-Defendant, THE BRIGHTVIEW LANDSCAPES, LLC, was not hired to determine whether customers were walking through bushes to get to and from the take-out Chinese restaurant at the subject property located at: S.E. 18" Street, Boynton Beach, Florida. RESPONSE:6. Please admit or deny that no one from EDENS LIMITED PARTNERSHIP d/b/a SUNSHINE SQUARE PLAZA (or anyone on its behalf) ever notified THE BRIGHTVIEW LANDSCAPES, LLC that customers were walking through bushes to get to and from the take-out Chinese restaurant at the subject property located at: S.E. 18" Street, Boynton Beach, Florida. RESPONSE: 7. Please admit or deny that no one from EDENS LIMITED PARTNERSHIP d/b/a SUNSHINE SQUARE PLAZA (or anyone on its behalf) ever requested THE BRIGHTVIEW LANDSCAPES, LLC to create a pathway between bushes for customers to get to and from the take-out Chinese restaurant at the subject property located at: S.E. 18" Street, Boynton Beach, Florida. RESPONSE: [THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK.] 32081956.v1CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was forwarded electronically to Barry G. Hoffman, Esquire, (Attorney for Plaintiff) hchlawoffice@aol.com, BARRY G. HOFFMAN LAW FIRM, P.A., 9045 La Fontana Blvd., Suite 106, Boca Raton, FL 33434; Mitchell H. Katler, Esquire, (Attorney for Defendant, Edens Limited Partnership d/b/a Sunshine Square Plaza), MKatler@travelers.com, EGuilbea@travelers.com; TGruende@travelers.com; Law Offices of James W. Kehoe, III, 3230 West Commercial Blvd., Suite 250, Ft. Lauderdale, FL 33309, this 6th day of January 2022. The certificate is taken as prima facie proof of such service in compliance with Fla. R. Jud. Admin. 2.516. /s/ David J. Majcak GOLDBERG SEGALLA, LLP David J. Majcak, Esquire Florida Bar No. 0073883 Rodney Janis, Esquire Florida Bar No. 647896 222 Lakeview Avenue, Suite 800 West Palm Beach, FL 33401 (561) 618-4466 Office (561) 618-4549 Fax email designations: dmajcak@goldbergsegalla.com kgomberg@goldbergsegalla.com 32081956.v1