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Filing # 134689258 E-Filed 09/15/2021 04:51:29 PM
IN THE CIRCUIT COURT OF THE 17TH
JUDICIAL CIRCUIT IN AND FOR
BROWARD COUNTY, FLORIDA
CIVIL DIVISION
MARILYN CONEY,
Plaintiff.
CASE NO. 2021-010690
VS.
MZ COMMUNICATIONS,INC.,
Defendant.
i
DEFENDANT'S RESPONSE TO PLAINTIFF'S FIRST REQUEST FOR PRODUCTION
The Defendant, MZ Communication, Inc., by and through its undersigned counsel for its
response to Plaintiff's First Request for Production, states as follows:
1.
All laser copies and/or photographs evidencingthe condition ofthe incidentscene
as it existed at or after the time of Plaintiff's injury for the premises located at or near 2701 West
Sunrise Blvd, Florida 33313.
RESPONSE: Photographs of the scene of the alleged incident are attached.
2.
All video recordings of the incident involving the Plaintiff which depict the area
where the incident occurred, limited to five hours before and one hour after the incident.
RESPONSE: Defendant has video of the alleged incident and will provide same to
Plaintiff's counsel prior to the deposition of the Plaintiff.
3.
Any copies of checks made payable for the reparation of the premise where the
incident occurred
RESPONSE: None.
4.
Any and all statements, whether written, taped, steno graphically recorded, or
videotaped ofthe Plaintiff.
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 09/15/2021 04:51:28 PM.****
RESPONSE: None.
5.
Any and all statements, whether written, taped, steno graphically recorded or
videotaped from any person or potential witness regarding the facts of this lawsuit, or in the
alternative, the names and addresses of all persons from whom statements were taken.
RESPONSE: None.
6.
Any and all incident reports, or other papers describing the incident in the
possession, custody and/or control of the Defendant, its agents or attorneys (each lettered
paragraph requires a separateresponse):
a.
Reflecting statements made by Plaintiff;
b.
That was or were prepared in the ordinary course of any of Defendant's
businesses.
RESPONSE: None.
7.
Any and all incidentreports or other papers describing any similar incidentalleged
in the Complaint in the possession,custody and/or control ofthe Defendant, its agents or attorneys,
that was prepared within the ten (10) years prior to the date of the. incident described in the
Complaint.
RESPONSE: None.
8.
Any and all insurance policies, including liability, excess, umbrella and the like, the
declaration page or face sheet showingthe dollar limits of coverage to any and all policy or policies
of insurance that cover or may cover Defendant for the damages sustained by Plaintiff, in the
incident described in the Complaint.
RESPONSE: See attached declaration page.
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9.
All contracts, work orders, repair invoices, logs, or any and all other documents
detailingthe repairs, maintenance, service,responsibilities, or duties of any thirdparty with regards
to the area of the floor of the premises in question.
RESPONSE: None.
10.
Instruction manual/policy/guidefor groundskeepers or maintenancepersonnel.
RESPONSE: None.
11.
Training manual/guidefor maintenancepersonnel.
RESPONSE: None.
12.
Any document regarding the inspectionofthe premises generallyapplicablewithin
three years before the date ofthe incidentalleged in the Complaint to present.
RESPONSE: Objection, this request is vague, overbroad and not reasonably
calculatedto lead to discoverable information.
13.
The cleaning schedule for the area in question.
RESPONSE: Objection, this request is vague, overbroad and not reasonably
calculatedto lead to discoverable information.
14.
Documentation of any inspectionsmade ofthe location subsequent to the incident.
RESPONSE: Objection, this request is vague, overbroad and not reasonably
calculatedto lead to discoverable information.
15.
Documentation of any inspectionsmade ofthe location at the time ofthe incident.
RESPONSE: Objection, this request is vague, overbroad and not reasonably
calculatedto lead to discoverable information.
16.
All incident reports or other documentation of any alleged fall-down, tr*/slip or
fall incidents at this same location since the incident at issue.
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RESPONSE: None.
17.
Personnel files of each and every employeewho worked on the day ofthe incident
allegedin the Complaint and who had any responsibility, including but not limited to the inspection
and maintenance of the area where Plaintiff was allegedlyinjured.
RESPONSE: Defendant objects to this interrogatory to the extent it seeks the
information of its current employees as there is no need for Plaintiff's counsel to contact a
represented party directly, such as Defendant s employees. To the extent this request seeks
information pertaining to individualsno longer employed by the Defendant, Defendant will
not reveal the confidential information of such individuals. Notwithstanding the foregoing
objection and expressly subject thereto, Defendant states that the store manager on the day
of the alleged incidentwas MuhammadArif.
18.
Inspection schedules for the area where the incident occurred for the five (5) years
before the incident.
RESPONSE:
Objection, this request is vague, overbroad and not reasonably
calculatedto lead to discoverable information and not limited to time and scope.
19.
Logs which would document the cleaning of the area where the incident occurred
for the five (5) years before the incident.
RESPONSE: Objection, this request is vague, overbroad and not reasonably
calculatedto lead to discoverable information.
20.
All procedures written or not written, related to the maintenance of the grounds at
the subjectpremises.
RESPONSE: None.
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21.
Contracts with any other person or entity who performs maintenanceon the ground
at the subjectpremises.
RESPONSE: None.
22.
All training manuals for employees who work at the subject premises.
RESPONSE: Objection, this request is vague, overbroad and not reasonably
calculatedto lead to discoverable information.
23.
Instructional materials for employees relating to the maintenance and care of the
grounds at the subject premises.
RESPONSE: This information has been requested and will providedupon receipt, it
is exists.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this 15th day of September, 2021, a true and correct copy of
the foregoing was filed and served via Florida Courts eFiling Portal to: Derek Lewis, Esq., 1608
E. Commercial Blvd., Ft. Lauderdale,FL 33334, eservice@flinjuryfiirm.com.
HINSHAW & CULBERTSONLLP
is / Anthony E. Torrente
Anthony E. Torrente
Florida Bar No. 093644
2525 Ponce de Leon Blvd.
Fourth Floor
Coral Gables, Florida 33134
Telephone: 305-358-7747
Primary
Secondary
ttracy@hinshawlaw.com
Attorneys for Defendant
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Preview
Filing # 134689258 E-Filed 09/15/2021 04:51:29 PM IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CIVIL DIVISION MARILYN CONEY, Plaintiff. CASE NO. 2021-010690 VS. MZ COMMUNICATIONS,INC., Defendant. i DEFENDANT'S RESPONSE TO PLAINTIFF'S FIRST REQUEST FOR PRODUCTION The Defendant, MZ Communication, Inc., by and through its undersigned counsel for its response to Plaintiff's First Request for Production, states as follows: 1. All laser copies and/or photographs evidencingthe condition ofthe incidentscene as it existed at or after the time of Plaintiff's injury for the premises located at or near 2701 West Sunrise Blvd, Florida 33313. RESPONSE: Photographs of the scene of the alleged incident are attached. 2. All video recordings of the incident involving the Plaintiff which depict the area where the incident occurred, limited to five hours before and one hour after the incident. RESPONSE: Defendant has video of the alleged incident and will provide same to Plaintiff's counsel prior to the deposition of the Plaintiff. 3. Any copies of checks made payable for the reparation of the premise where the incident occurred RESPONSE: None. 4. Any and all statements, whether written, taped, steno graphically recorded, or videotaped ofthe Plaintiff. *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 09/15/2021 04:51:28 PM.**** RESPONSE: None. 5. Any and all statements, whether written, taped, steno graphically recorded or videotaped from any person or potential witness regarding the facts of this lawsuit, or in the alternative, the names and addresses of all persons from whom statements were taken. RESPONSE: None. 6. Any and all incident reports, or other papers describing the incident in the possession, custody and/or control of the Defendant, its agents or attorneys (each lettered paragraph requires a separateresponse): a. Reflecting statements made by Plaintiff; b. That was or were prepared in the ordinary course of any of Defendant's businesses. RESPONSE: None. 7. Any and all incidentreports or other papers describing any similar incidentalleged in the Complaint in the possession,custody and/or control ofthe Defendant, its agents or attorneys, that was prepared within the ten (10) years prior to the date of the. incident described in the Complaint. RESPONSE: None. 8. Any and all insurance policies, including liability, excess, umbrella and the like, the declaration page or face sheet showingthe dollar limits of coverage to any and all policy or policies of insurance that cover or may cover Defendant for the damages sustained by Plaintiff, in the incident described in the Complaint. RESPONSE: See attached declaration page. 2 9. All contracts, work orders, repair invoices, logs, or any and all other documents detailingthe repairs, maintenance, service,responsibilities, or duties of any thirdparty with regards to the area of the floor of the premises in question. RESPONSE: None. 10. Instruction manual/policy/guidefor groundskeepers or maintenancepersonnel. RESPONSE: None. 11. Training manual/guidefor maintenancepersonnel. RESPONSE: None. 12. Any document regarding the inspectionofthe premises generallyapplicablewithin three years before the date ofthe incidentalleged in the Complaint to present. RESPONSE: Objection, this request is vague, overbroad and not reasonably calculatedto lead to discoverable information. 13. The cleaning schedule for the area in question. RESPONSE: Objection, this request is vague, overbroad and not reasonably calculatedto lead to discoverable information. 14. Documentation of any inspectionsmade ofthe location subsequent to the incident. RESPONSE: Objection, this request is vague, overbroad and not reasonably calculatedto lead to discoverable information. 15. Documentation of any inspectionsmade ofthe location at the time ofthe incident. RESPONSE: Objection, this request is vague, overbroad and not reasonably calculatedto lead to discoverable information. 16. All incident reports or other documentation of any alleged fall-down, tr*/slip or fall incidents at this same location since the incident at issue. 3 RESPONSE: None. 17. Personnel files of each and every employeewho worked on the day ofthe incident allegedin the Complaint and who had any responsibility, including but not limited to the inspection and maintenance of the area where Plaintiff was allegedlyinjured. RESPONSE: Defendant objects to this interrogatory to the extent it seeks the information of its current employees as there is no need for Plaintiff's counsel to contact a represented party directly, such as Defendant s employees. To the extent this request seeks information pertaining to individualsno longer employed by the Defendant, Defendant will not reveal the confidential information of such individuals. Notwithstanding the foregoing objection and expressly subject thereto, Defendant states that the store manager on the day of the alleged incidentwas MuhammadArif. 18. Inspection schedules for the area where the incident occurred for the five (5) years before the incident. RESPONSE: Objection, this request is vague, overbroad and not reasonably calculatedto lead to discoverable information and not limited to time and scope. 19. Logs which would document the cleaning of the area where the incident occurred for the five (5) years before the incident. RESPONSE: Objection, this request is vague, overbroad and not reasonably calculatedto lead to discoverable information. 20. All procedures written or not written, related to the maintenance of the grounds at the subjectpremises. RESPONSE: None. 4 21. Contracts with any other person or entity who performs maintenanceon the ground at the subjectpremises. RESPONSE: None. 22. All training manuals for employees who work at the subject premises. RESPONSE: Objection, this request is vague, overbroad and not reasonably calculatedto lead to discoverable information. 23. Instructional materials for employees relating to the maintenance and care of the grounds at the subject premises. RESPONSE: This information has been requested and will providedupon receipt, it is exists. CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 15th day of September, 2021, a true and correct copy of the foregoing was filed and served via Florida Courts eFiling Portal to: Derek Lewis, Esq., 1608 E. Commercial Blvd., Ft. Lauderdale,FL 33334, eservice@flinjuryfiirm.com. HINSHAW & CULBERTSONLLP is / Anthony E. Torrente Anthony E. Torrente Florida Bar No. 093644 2525 Ponce de Leon Blvd. Fourth Floor Coral Gables, Florida 33134 Telephone: 305-358-7747 Primary Secondary ttracy@hinshawlaw.com Attorneys for Defendant 5