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Filing # 130666970 E-Filed 07/14/2021 04:23:34 PM
IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT
IN AND FOR PALM BEACH COUNTY, FLORIDA
CIVILDIVISION DIV: “AF”
CASE NO.: 2020CA014445AXX
JANE DOE,
Plaintiff,
vs.
BOCA RATON REGIONAL
HOSPITAL, INC. d/b/a BOCA RATON
REGIONAL HOSPITAL, and DEVON
BRIGANTI,
Defendants.
ORDER
THIS CAUSE came before the Court on June 28, 2021 upon Defendant, BOCA RATON
REGIONAL HOSPITAL, INC. d/b/a BOCA RATON REGIONAL HOSPITAL’S Motion to
Dismiss Plaintiff's Complaint, and the Court, having reviewed the Motion, the Plaintiff's
Response in Opposition, having reviewed the court file and record, having heard argument of
counsel, and after being otherwise duly advised in the premises, it is hereby
ORDERED and ADJUDGED that Defendant’s Motion to Dismiss Plaintiffs Complaint
is GRANTED IN PART as follows:
{a) Count 5, Vicarious Liability, is DISMISSED WITH PREJUDICE;
(b) Count 4, Premises Liability, is DISMISSED WITHOUT PREJUDICE;
(c) Counts 2 and 3 are DISMISSED WITHOUT PREJUDICE. However,
upon refiling an Amended Complaint, Negligent Retention and Negligent Supervision, are to be
combined into one count;
CHEN. DAIAARCACUAAIINTY Cl INCEDU ARDIIV7ZN FLED A7I44INNNA NA-N2-2/ DNA
Pn. PAL DUA VUUINE TT, FL, JUOL IE mDNUeey, ULUIAN, Ulric.) ut. 20.0% Five(d) Plaintiff is to re-plead Count 1 with more specificity. Plaintiff shall clarify
whether the allegations that BOCA RATON REGIONAL HOSPITAL should have been aware
of the actions of the co-defendant that occurred prior to, or subsequent to, Boca Raton Regional
Hospital’s hiring of co-defendant DEVON BRIGANTI,
(e) Paragraph 35 is STRICKEN.
2. Plaintiff shall have thirty (30) days from the date of this Order to refile an
Amended Complaint. Defendant shall have twenty (20) days thereafter to respond or to file a
motion regarding the Amended Complaint.
DONE and ORDERED in Chambers, at West Palm Beach, Palm Beach County,
Florida, this 13" day of July, 2021. A 3
O2020C AULA 4 4SXXAXMB — 0711317021 c
John & Kasirefiakes —Cleutt Judge,
502020CA014445XXXXMB_ 07/13/2021
John S; Kastrenakes
Circuit Juage
JOHN S. KASTRENAKES
Circuit Judge
Copies furnished to:
David J. Brevda, Esq., Senior Justice Law Firm, 7700 Congress Avenue, Suite 3216, Boca
Raton, FL 33487,
david@seniorjustice.com,
amanda@seniorjustice.com
Julie N. Pagni, Esq., Pagni Law, PLLC, 9510 Listow Terrace, Boynton Beach, FL 33472-2718,
pagnilaw@gmail.com
RoseMarie Antonacci-Pollock, Esq., Falk, Waas, Hernandez, Solomon, Mendlestein & Davis,
PA, 1900 NW Corporate Blvd., Suite 210-E, Boca Raton, FL 33431,
ServiceRMAntonacci@falkwaas.com
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Filing # 130666970 E-Filed 07/14/2021 04:23:34 PM IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CIVILDIVISION DIV: “AF” CASE NO.: 2020CA014445AXX JANE DOE, Plaintiff, vs. BOCA RATON REGIONAL HOSPITAL, INC. d/b/a BOCA RATON REGIONAL HOSPITAL, and DEVON BRIGANTI, Defendants. ORDER THIS CAUSE came before the Court on June 28, 2021 upon Defendant, BOCA RATON REGIONAL HOSPITAL, INC. d/b/a BOCA RATON REGIONAL HOSPITAL’S Motion to Dismiss Plaintiff's Complaint, and the Court, having reviewed the Motion, the Plaintiff's Response in Opposition, having reviewed the court file and record, having heard argument of counsel, and after being otherwise duly advised in the premises, it is hereby ORDERED and ADJUDGED that Defendant’s Motion to Dismiss Plaintiffs Complaint is GRANTED IN PART as follows: {a) Count 5, Vicarious Liability, is DISMISSED WITH PREJUDICE; (b) Count 4, Premises Liability, is DISMISSED WITHOUT PREJUDICE; (c) Counts 2 and 3 are DISMISSED WITHOUT PREJUDICE. However, upon refiling an Amended Complaint, Negligent Retention and Negligent Supervision, are to be combined into one count; CHEN. DAIAARCACUAAIINTY Cl INCEDU ARDIIV7ZN FLED A7I44INNNA NA-N2-2/ DNA Pn. PAL DUA VUUINE TT, FL, JUOL IE mDNUeey, ULUIAN, Ulric.) ut. 20.0% Five(d) Plaintiff is to re-plead Count 1 with more specificity. Plaintiff shall clarify whether the allegations that BOCA RATON REGIONAL HOSPITAL should have been aware of the actions of the co-defendant that occurred prior to, or subsequent to, Boca Raton Regional Hospital’s hiring of co-defendant DEVON BRIGANTI, (e) Paragraph 35 is STRICKEN. 2. Plaintiff shall have thirty (30) days from the date of this Order to refile an Amended Complaint. Defendant shall have twenty (20) days thereafter to respond or to file a motion regarding the Amended Complaint. DONE and ORDERED in Chambers, at West Palm Beach, Palm Beach County, Florida, this 13" day of July, 2021. A 3 O2020C AULA 4 4SXXAXMB — 0711317021 c John & Kasirefiakes —Cleutt Judge, 502020CA014445XXXXMB_ 07/13/2021 John S; Kastrenakes Circuit Juage JOHN S. KASTRENAKES Circuit Judge Copies furnished to: David J. Brevda, Esq., Senior Justice Law Firm, 7700 Congress Avenue, Suite 3216, Boca Raton, FL 33487, david@seniorjustice.com, amanda@seniorjustice.com Julie N. Pagni, Esq., Pagni Law, PLLC, 9510 Listow Terrace, Boynton Beach, FL 33472-2718, pagnilaw@gmail.com RoseMarie Antonacci-Pollock, Esq., Falk, Waas, Hernandez, Solomon, Mendlestein & Davis, PA, 1900 NW Corporate Blvd., Suite 210-E, Boca Raton, FL 33431, ServiceRMAntonacci@falkwaas.com