On October 14, 2021 a
Request,Application
was filed
involving a dispute between
Cesar, Ana,
and
Walmart Inc.,
for Comm Premises Liability
in the District Court of Miami-Dade County.
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Filing # 145475748 E-Filed 03/10/2022 02:44:48 PM
IN THE CIRCUIT COURT OF THE 11th
JUDICIAL CIRCUIT IN AND FOR
MIAMI DADE COUNTY, FLORIDA
GENERAL JURISDICTION DIVISION
CASE NO. 2021-023131-CA-01
ANA CESAR,
PLAINTIFF,
v.
WALMART INC.,
DEFENDANT.
_____________________________________/
PLAINTIFF'S REQUEST FOR ADMISSIONS TO DEFENDANT
THE PLAINTIFF, ANA CESAR, by and through the undersigned counsel, pursuant to Rule
1.370, Florida Rules of Civil Procedure, hereby requests the Defendant to admit the truth of these
matters hereinafter set forth on or by the thirtieth (30th) day after service hereof by answering in
writing:
1. Admit that there were no caution signs around the area where the Plaintiff fell at the time
of the incident.
2. Admit that at all times relevant to the Complaint, the Plaintiff was lawfully on the
property of the Defendant at the time of the incident alleged in Plaintiff’s Complaint.
3. Admit that at all times relevant to the Complaint, the Defendant, WALMART INC.
owned the property in question.
4. Admit that at all times relevant to the Complaint, the Defendant, WALMART INC.,
managed the property in question.
5. Admit that the Defendant, WALMART INC., was responsible for maintenance and
upkeep of the area where the Plaintiff fell.
6. Admit that the Plaintiff fell by the fried chicken stand next to the cashiers.
7. Admit that the Plaintiff fell as a result of slipping with a foreign liquid on the floor next
to the fried chicken stand.
ANA CESAR V. WALMART
8. Admit that the Plaintiff fell as a result of slipping with fried chicken grease that was
present on the floor.
9. Admit that immediately after Plaintiff fell, there were visible foot traffic marks on the
floor in the area where Plaintiff fell.
10. Admit that immediately after Plaintiff fell, there were visible shopping cart wheel marks
on the floor in the area where Plaintiff fell.
11. Admit that some of the visible foot traffic marks or shopping cart wheel marks on the
floor in the area where Plaintiff fell appeared dry immediately after Plaintiff’s fall.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was e-filed and e-serviced
this 10th day of March 2022, to the following: D. Terrance Hill Esq. at the Law Office of
MARSHALL DENNEHEY, attorney for Defendant, at DTHill@mdwcg.com,
JAGiesen@mdwcg.com, and OODelgado@mdwcg.com.
Respectfully submitted,
/s/ Jose Fuentes
Jose Fuentes, Esq.
Florida Bar No.: 105143
Email: jfuentes@thefuenteslawfirm.com
Fuentes Law Firm, P.A.
8900 SW 107 Avenue Suite 210
Miami, Florida 33176
Telephone: (786) 953-6097
Facsimile: (786) 953-6100
Attorneys for Plaintiff
ANA CESAR V. WALMART
Document Filed Date
March 10, 2022
Case Filing Date
October 14, 2021
Category
Comm Premises Liability
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Filing # 145475748 E-Filed 03/10/2022 02:44:48 PM IN THE CIRCUIT COURT OF THE 11th JUDICIAL CIRCUIT IN AND FOR MIAMI DADE COUNTY, FLORIDA GENERAL JURISDICTION DIVISION CASE NO. 2021-023131-CA-01 ANA CESAR, PLAINTIFF, v. WALMART INC., DEFENDANT. _____________________________________/ PLAINTIFF'S REQUEST FOR ADMISSIONS TO DEFENDANT THE PLAINTIFF, ANA CESAR, by and through the undersigned counsel, pursuant to Rule 1.370, Florida Rules of Civil Procedure, hereby requests the Defendant to admit the truth of these matters hereinafter set forth on or by the thirtieth (30th) day after service hereof by answering in writing: 1. Admit that there were no caution signs around the area where the Plaintiff fell at the time of the incident. 2. Admit that at all times relevant to the Complaint, the Plaintiff was lawfully on the property of the Defendant at the time of the incident alleged in Plaintiff’s Complaint. 3. Admit that at all times relevant to the Complaint, the Defendant, WALMART INC. owned the property in question. 4. Admit that at all times relevant to the Complaint, the Defendant, WALMART INC., managed the property in question. 5. Admit that the Defendant, WALMART INC., was responsible for maintenance and upkeep of the area where the Plaintiff fell. 6. Admit that the Plaintiff fell by the fried chicken stand next to the cashiers. 7. Admit that the Plaintiff fell as a result of slipping with a foreign liquid on the floor next to the fried chicken stand. ANA CESAR V. WALMART 8. Admit that the Plaintiff fell as a result of slipping with fried chicken grease that was present on the floor. 9. Admit that immediately after Plaintiff fell, there were visible foot traffic marks on the floor in the area where Plaintiff fell. 10. Admit that immediately after Plaintiff fell, there were visible shopping cart wheel marks on the floor in the area where Plaintiff fell. 11. Admit that some of the visible foot traffic marks or shopping cart wheel marks on the floor in the area where Plaintiff fell appeared dry immediately after Plaintiff’s fall. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was e-filed and e-serviced this 10th day of March 2022, to the following: D. Terrance Hill Esq. at the Law Office of MARSHALL DENNEHEY, attorney for Defendant, at DTHill@mdwcg.com, JAGiesen@mdwcg.com, and OODelgado@mdwcg.com. Respectfully submitted, /s/ Jose Fuentes Jose Fuentes, Esq. Florida Bar No.: 105143 Email: jfuentes@thefuenteslawfirm.com Fuentes Law Firm, P.A. 8900 SW 107 Avenue Suite 210 Miami, Florida 33176 Telephone: (786) 953-6097 Facsimile: (786) 953-6100 Attorneys for Plaintiff ANA CESAR V. WALMART