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Filing # 163728057 E-Filed 01/02/2023 08:25:44 AM
IN THE CIRCUIT COURT, FOURTH
JUDICIAL CIRCUIT, IN AND FOR
DUVAL COUNTY, FLORIDA
CASE NO.: 16-2022-CA-007029
DIVISION: CV-B
ELISA CRUZ
an individual,
Plaintiff,
vs.
DCC LEE ENTERPRISES, INC.,
a Foreign Profit Corporation,
Defendant.
/
PLAINTIFF’S FIRST REQUEST FOR PRODUCTION OF DOCUMENTS
TO DEFENDANT, DCC LEE ENTERPRISES, INC.
COMES NOW the Plaintiff, ELISA CRUZ, pursuant to Rule 1.350 of the Florida Rules
of Civil Procedure, and hereby request that Defendant, DCC LEE ENTERPRISES, INC., produce
and permit the Plaintiff to inspect and to copy each of the following documents:
1 Any and all recorded, transcribed, or written statements in any form, or depositions,
taken from the Plaintiff.
2. Any and all photographs, diagrams, movies, charts, videotapes, or other
documentary evidence showing the scene of the subject accident as it was at the time of the
accident or immediately before or after the accident.
3 Any and all surveillance and/or investigative photographs and/or movies taken of
the Plaintiff.
ACCEPTED: DUVAL COUNTY, JODY PHILLIPS, CLERK, 01/03/2023 08:11:02 AM
4 Any and all writings documenting the incident including any reports, notes, diaries
or other written documents.
5 Any and all reports, evaluations, recommendations and/or analysis submitted by
any expert who is expected to testify at the trial of this action.
6 Copies of any document indicating Defendant’s ownership of the real property
where the subject accident occurred.
7
Any and all recorded, transcribed or written statements in any form, or depositions,
taken from any Defendant or any witness who has knowledge of the facts surrounding this claim.
8 Any and all insurance policies providing coverage or benefits to Plaintiff for any
injuries, damages or losses allegedly caused by the subject accident.
9 Any and all insurance declaration pages with respect to any and all insurance
policies providing coverage or benefits to Plaintiff for any injuries, damages or losses allegedly
caused by the subject accident.
10. Any and all insurance policies providing coverage or benefits to Defendant for any
injuries, damages or losses allegedly caused by the subject accident.
11. Any and all self-insurance plans in effect on the date of the accident.
12. Any and all declaration pages with respect to any and all self-insurance plans in
effect on the date of the accident.
13. Any and all documents, charts, reports, memorandums, notes, drawings, graphs, or
any other information upon which the Defendant relies upon in its denial and/or refusal to
pay/reimburse Plaintiff's medical expenses.
14. All statements given by Defendant, MCDONALD’S, and/or DCC LEE
ENTERPRISES, INC. regarding the December 13, 2020, incident as described in the Complaint.
15. Any and all documents reflecting Defendant’s procedures designed to prevent
incidents such as the one described in the Complaint.
16. Any and all documents reflecting floor cleaning, maintenance, inspections, or
warnings on the date of the incident.
17. Any and all documents identifying any employees of the Defendant who were
present at the time of the incident.
18. Any and all statements of Plaintiff whether written or recorded including any notes
purporting to document statements by Plaintiff.
19. Any and all statements of witnesses whether written or recorded including any
notes purporting to document statements by witnesses.
20. Any and all video recordings of the Plaintiff anywhere on the premises (inside or
outside) on the day of the incident.
21. Any and all video recordings of the scene of the incident for one (1) hour before to
one (1) hour after the incident.
22. All records and/or items regarding any other claims including claims for tangible
or intangible damages made by the Plaintiff.
23. Any and all employee manuals in effect from calendar year 2019 to present.
24. Any and all training manuals in effect from calendar year 2019 to present.
25. Any and all documents with respect to maintaining and/or cleaning the subject
premises in effect from calendar year 2019 to present.
26. Any and all documents with respect to safety inspections or the like from calendar
year 2019 to present.
27. Any and all reports of injuries that occurred at the location where this incident took
place for slip and falls from calendar year 2019 to present.
28. Any and all manuals used in training Defendant’s employees from calendar year
2019 to present.
29. Any and all training videos used in training Defendant’s employees from 2019 to
present.
30. Only the portion of Defendant’s accident/incident report or the like, which contains
Plaintiff's statement/version of the subject accident.
31. Any and all reports, quarterly, semi-annual, annual, or otherwise, which concern
safety and/or accidents from calendar year 2019 to present.
32 Any and all safety reports or the like from calendar year 2019 to present.
33. Any and all safety meeting reports from calendar year 2019 to present.
34 Any and all safety memorandums from calendar 2019 to present.
35. Any and all employee handbooks from calendar 2019 to present.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was served upon the
Defendant along with the Complaint and Summons.
RESPECTFULLY SUBMITTED this 28" day of December 2022.
CAMPIONE LAW, P.A.
4s/ Michael Balangue
MICHAEL BALANGUE, ESQ.
Florida Bar No.: 1003194
501 W. Bay Street, Ste. 100
Jacksonville, FL 32202
Telephone: (904) 990-8400
Facsimile: (904) 990-8411
Email: Pleadings@campionelawpa.com
MB@campionelawpa.com
Ma@campionelawpa.com
Counsel for Plaintiff
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Filing # 163728057 E-Filed 01/02/2023 08:25:44 AM IN THE CIRCUIT COURT, FOURTH JUDICIAL CIRCUIT, IN AND FOR DUVAL COUNTY, FLORIDA CASE NO.: 16-2022-CA-007029 DIVISION: CV-B ELISA CRUZ an individual, Plaintiff, vs. DCC LEE ENTERPRISES, INC., a Foreign Profit Corporation, Defendant. / PLAINTIFF’S FIRST REQUEST FOR PRODUCTION OF DOCUMENTS TO DEFENDANT, DCC LEE ENTERPRISES, INC. COMES NOW the Plaintiff, ELISA CRUZ, pursuant to Rule 1.350 of the Florida Rules of Civil Procedure, and hereby request that Defendant, DCC LEE ENTERPRISES, INC., produce and permit the Plaintiff to inspect and to copy each of the following documents: 1 Any and all recorded, transcribed, or written statements in any form, or depositions, taken from the Plaintiff. 2. Any and all photographs, diagrams, movies, charts, videotapes, or other documentary evidence showing the scene of the subject accident as it was at the time of the accident or immediately before or after the accident. 3 Any and all surveillance and/or investigative photographs and/or movies taken of the Plaintiff. ACCEPTED: DUVAL COUNTY, JODY PHILLIPS, CLERK, 01/03/2023 08:11:02 AM 4 Any and all writings documenting the incident including any reports, notes, diaries or other written documents. 5 Any and all reports, evaluations, recommendations and/or analysis submitted by any expert who is expected to testify at the trial of this action. 6 Copies of any document indicating Defendant’s ownership of the real property where the subject accident occurred. 7 Any and all recorded, transcribed or written statements in any form, or depositions, taken from any Defendant or any witness who has knowledge of the facts surrounding this claim. 8 Any and all insurance policies providing coverage or benefits to Plaintiff for any injuries, damages or losses allegedly caused by the subject accident. 9 Any and all insurance declaration pages with respect to any and all insurance policies providing coverage or benefits to Plaintiff for any injuries, damages or losses allegedly caused by the subject accident. 10. Any and all insurance policies providing coverage or benefits to Defendant for any injuries, damages or losses allegedly caused by the subject accident. 11. Any and all self-insurance plans in effect on the date of the accident. 12. Any and all declaration pages with respect to any and all self-insurance plans in effect on the date of the accident. 13. Any and all documents, charts, reports, memorandums, notes, drawings, graphs, or any other information upon which the Defendant relies upon in its denial and/or refusal to pay/reimburse Plaintiff's medical expenses. 14. All statements given by Defendant, MCDONALD’S, and/or DCC LEE ENTERPRISES, INC. regarding the December 13, 2020, incident as described in the Complaint. 15. Any and all documents reflecting Defendant’s procedures designed to prevent incidents such as the one described in the Complaint. 16. Any and all documents reflecting floor cleaning, maintenance, inspections, or warnings on the date of the incident. 17. Any and all documents identifying any employees of the Defendant who were present at the time of the incident. 18. Any and all statements of Plaintiff whether written or recorded including any notes purporting to document statements by Plaintiff. 19. Any and all statements of witnesses whether written or recorded including any notes purporting to document statements by witnesses. 20. Any and all video recordings of the Plaintiff anywhere on the premises (inside or outside) on the day of the incident. 21. Any and all video recordings of the scene of the incident for one (1) hour before to one (1) hour after the incident. 22. All records and/or items regarding any other claims including claims for tangible or intangible damages made by the Plaintiff. 23. Any and all employee manuals in effect from calendar year 2019 to present. 24. Any and all training manuals in effect from calendar year 2019 to present. 25. Any and all documents with respect to maintaining and/or cleaning the subject premises in effect from calendar year 2019 to present. 26. Any and all documents with respect to safety inspections or the like from calendar year 2019 to present. 27. Any and all reports of injuries that occurred at the location where this incident took place for slip and falls from calendar year 2019 to present. 28. Any and all manuals used in training Defendant’s employees from calendar year 2019 to present. 29. Any and all training videos used in training Defendant’s employees from 2019 to present. 30. Only the portion of Defendant’s accident/incident report or the like, which contains Plaintiff's statement/version of the subject accident. 31. Any and all reports, quarterly, semi-annual, annual, or otherwise, which concern safety and/or accidents from calendar year 2019 to present. 32 Any and all safety reports or the like from calendar year 2019 to present. 33. Any and all safety meeting reports from calendar year 2019 to present. 34 Any and all safety memorandums from calendar 2019 to present. 35. Any and all employee handbooks from calendar 2019 to present. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was served upon the Defendant along with the Complaint and Summons. RESPECTFULLY SUBMITTED this 28" day of December 2022. CAMPIONE LAW, P.A. 4s/ Michael Balangue MICHAEL BALANGUE, ESQ. Florida Bar No.: 1003194 501 W. Bay Street, Ste. 100 Jacksonville, FL 32202 Telephone: (904) 990-8400 Facsimile: (904) 990-8411 Email: Pleadings@campionelawpa.com MB@campionelawpa.com Ma@campionelawpa.com Counsel for Plaintiff