Preview
Filing # 131193967 E-Filed 07/22/2021 11:29:02 AM
TH
IN THE CIRCUIT COURT OF THE 17'
JUDICIAL CIRCUIT IN AND FOR
BROWARD COUNTY, FLORIDA
CASE NO.: CACE 21-008882
DARREN J HILL SR,
Plaintiff,
VS.
CLEVELAND CLINIC WESTON HOSPITAL
NON-PROFIT CORPORATION, a Florida
corporation
Defendant.
DEFENDANT, CLEVELAND CLINIC WESTON HOSPITAL NONPROFIT
CORPORATION'S, RESPONSE TO PLAINTIFF'S REQUEST FOR PRODUCTION
Defendant, CLEVELAND CLINIC WESTON HOSPITAL NONPROFIT
CORPORATION, by and through undersigned counsel, and pursuant to Florida Rule of Civil
Procedure 1.350, hereby provides its Response to Plaintiffs Request for Production served with
the Complaint, as set forth below.
GENERAL OBJECTIONS
All of Defendant's Responses to Plaintiff's Request to Produce are
subject to these
General Objections, which General Objections are incorporated into each of Defendant's
responses as if restated fully therein. Failure to specifically reference these General Objections,
or a portion thereof, should not be construed as waiver of any General Objection or the General
Objections generally.
1. Defendant objects to each request to the extent that it seeks information and/or
***
FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 07/22/2021 11:29:02 AM.****
documents protected from disclosure under the attorney-client privilege, settlement, or other
privilege or by the attorney work-product doctrine. If any such information and/or documents
are disclosed, except pursuant to a
specific written agreement covering such information and/or
documents and, the disclosure shall be deemed inadvertent and is not intended to waive or
prejudice any applicable privilege or immunity from disclosure.
2. Defendant's Responses to Plaintiff's Request to Produce are based on their
understanding and interpretation thereof. To the extent Defendant later assert a different
understanding, Defendant reserves its right to supplement or amend their responses.
3. Defendant has not completed their investigation of the facts relating to this ease,
have not fully completed the discovery in this action, and have not completed the preparation of
this case for trial. All of the responses contained herein are based only upon such information
and documents as are presently available and specificallyknown to Defendant, and disclose only
those matters that presently occur to Defendant. It is anticipated that further discovery,
investigation,legal research, and analyses will supply additional facts, add meaning to known
facts, as well as establish entirely new factual conclusions and legal contentions,all of which
may lead to substantial additions to, changes in, and variations from the contentions herein set
forth. The following written responses are
given without prejudice to Defendant's right to
produce evidence of any facts or documents that Defendant may later recall or discover.
Defendant accordinglyreserves the right to change any and all responses herein as additional
facts are ascertained, analyses are made, legal research is completed, and contentions are made.
The responses contained herein are made iii a
good faith effort to supply as much factual
information and as much specification o f legal contention as is presently known, but are in no
way to the prejudice o f Defendant to amend or supplement the responses upon further discovery,
2
investigation, research or analysis.
4. Except for facts explicitly admitted herein, no admission of any nature whatsoever
is implied by, or to be inferred from, the responses.
5. Defendant makes all of the objections contained herein, including its General
Objections and Specific Objections, while reserving the right to make additional objections as
may be deemed appropriate upon further review of information and/or documents.
RESPONSE TO PLAINTIFF'S REQUEST FOR PRODUCTION
1. Any and all photographs in the possession of the Defendant, CLEVELAND
CLINIC WESTON HOSPITAL NONPROFIT CORPORATION, depicting the parties and
scene ofthe incident sued upon taken before, at the time of or subsequent to the incident sued
upon.
RESPONSE: Objection, attorney work product. Notwithstanding,none.
2. Any and all statements, whether written, summarized, transcribed or recorded
taken from the Plaintiff and pertaining to the incident sued upon.
RESPONSE: None.
3. Any and all statements of any person taken iii the regular and ordinary course
of business who purports to have been an
eyewitness to the incident sued upon whether
written, summarized, transcribed or recorded immediately preceding the, incident described
in the complaint.
RESPONSE: Objection, work product, see
privilege log.
3
4. Any and all written reports prepared within the five (5) year period prior to the
incident sued upon by any employee, servant, agent or other representative of the Defendant
relative to any similar occurrence to that of the Plaintiff.
RESPONSE: Objection, attorney work product. Notwithstanding,none.
5. Any and all written reports prepared by any individuals including, CLEVELAND
CLINIC WESTON HOSPITAL NONPROFIT CORPORATION'S employees, relative to the
incident sued upon which was prepared and is in the possession of Defendant, CLEVELAND
CLINIC WESTON HOSPITALNONPROFIT CORPORATION.
RESPONSE: Objection, work product, see
privilege log.
6. A copy of all reports or any other materials submitted to you by any expert
expected by you, your attorney or any representative of yours to testify during the trial of this
cause.
RESPONSE: Defendant will disclose any expert reports in accordance with any
Trial Orders issued by the Court. Notwithstanding, none at this time.
7. A copy of all contracts between the Defendant, CLEVELAND CLINIC
WESTON HOSPITAL NONPROFIT CORPORATION, and any other individual or corporation
as such contracts pertaining to the maintenance of the area described iii the complaint where the
Plaintiffwas injured.
RESPONSE: An inquiry has been made and provided responsive documents exist,
once received they will be produced.
8. A list of the names and addresses of all persons, employees, managers and
supervisors whose job it was to maintain the area on which the Plaintiff was injured.
RESPONSE: None in Defendant's possession, custody or control.
4
9. A complete copy of the incident report prepared iii the regular and ordinary
course of business of the Defendant, CLEVELAND CLINIC WESTON HOSPITAL
NONPROFIT CORPORATION, with respect to the occurrence of the incident described in the
complaint.
RESPONSE: Objection work product. See privilege log.
10. Any and all copies of the original blueprints, design and construction
specifications of the area where the incident sued upon occurred.
RESPONSE: An inquiry has been made, andprovided any applicable blueprints,
design and construction specifications are in the possession of Defendant, they will be
provided upon receipt.
11. Name of company, address and names of employees responsible for placing
warning signs on, around or near the area, which is the subject matter of this suit including
all invoices, bills, remittances, requests or requisition slips for work performed.
RESPONSE: Objection this request purports to seek information that is better
suited for interrogatory. Notwithstanding, Defendant is not in possession of any
an
documentation reflecting the names and addresses of the individuals requested, and is not
in possession of any work orders or invoices for the area where the incident took place.
12. Please produce a copy of the drivers' license of all employees, managers and
supervisors that witnessed the incident as well as those persons, employees, managers and
supervisors responsible for the maintenance of the establishment and the area in question. If
the address is not current, please note the current address.
RESPONSE: Objection, overly broad, unduly burdensome, not reasonably
calculated to lead to admissible evidence. Further, Defendant is not the custodian of the
records sought for the non-party construction company's employees that may have
witnessed the incident described in the complaint.
5
CERTIFICATEOF SERVICE
nd
WE HEREBY CERTIFY that on this WS'fday of July, 2021, a copy of the foregoing
was filed and served via the Florida Courts E-Filing Portal to Vincent T. Brown, Esq., The
Brown Law Group, P.A., 1195 N.W. 11gth Street, Suite 202, Miami, Florida, 33168,
STEARNS WEAVER MILLER
WEISSLER ALHADEFF & SITTERSON, P.A.
Attorneys for Defendant
200 East Las Olas Blvd., Suite 2100
Fort Lauderdale, FL 33301
Telephone: (954) 462-9500
I.IJSHIAJ
By: Z-
THpiQAS (.%9*j;*foUIRE
FHN: 008060
taubin @ stearnsweaver.com
MATTHEW S. PODOLNICK, ESQUIRE
FBN: 112126
mpodolnick@stearnsweaver.com
AMANADA L. SPENCER, ESQUIRE
FBN: 1010874
aspencer@ steartlaweaver,corn
6
Preview
Filing # 131193967 E-Filed 07/22/2021 11:29:02 AM TH IN THE CIRCUIT COURT OF THE 17' JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CASE NO.: CACE 21-008882 DARREN J HILL SR, Plaintiff, VS. CLEVELAND CLINIC WESTON HOSPITAL NON-PROFIT CORPORATION, a Florida corporation Defendant. DEFENDANT, CLEVELAND CLINIC WESTON HOSPITAL NONPROFIT CORPORATION'S, RESPONSE TO PLAINTIFF'S REQUEST FOR PRODUCTION Defendant, CLEVELAND CLINIC WESTON HOSPITAL NONPROFIT CORPORATION, by and through undersigned counsel, and pursuant to Florida Rule of Civil Procedure 1.350, hereby provides its Response to Plaintiffs Request for Production served with the Complaint, as set forth below. GENERAL OBJECTIONS All of Defendant's Responses to Plaintiff's Request to Produce are subject to these General Objections, which General Objections are incorporated into each of Defendant's responses as if restated fully therein. Failure to specifically reference these General Objections, or a portion thereof, should not be construed as waiver of any General Objection or the General Objections generally. 1. Defendant objects to each request to the extent that it seeks information and/or *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 07/22/2021 11:29:02 AM.**** documents protected from disclosure under the attorney-client privilege, settlement, or other privilege or by the attorney work-product doctrine. If any such information and/or documents are disclosed, except pursuant to a specific written agreement covering such information and/or documents and, the disclosure shall be deemed inadvertent and is not intended to waive or prejudice any applicable privilege or immunity from disclosure. 2. Defendant's Responses to Plaintiff's Request to Produce are based on their understanding and interpretation thereof. To the extent Defendant later assert a different understanding, Defendant reserves its right to supplement or amend their responses. 3. Defendant has not completed their investigation of the facts relating to this ease, have not fully completed the discovery in this action, and have not completed the preparation of this case for trial. All of the responses contained herein are based only upon such information and documents as are presently available and specificallyknown to Defendant, and disclose only those matters that presently occur to Defendant. It is anticipated that further discovery, investigation,legal research, and analyses will supply additional facts, add meaning to known facts, as well as establish entirely new factual conclusions and legal contentions,all of which may lead to substantial additions to, changes in, and variations from the contentions herein set forth. The following written responses are given without prejudice to Defendant's right to produce evidence of any facts or documents that Defendant may later recall or discover. Defendant accordinglyreserves the right to change any and all responses herein as additional facts are ascertained, analyses are made, legal research is completed, and contentions are made. The responses contained herein are made iii a good faith effort to supply as much factual information and as much specification o f legal contention as is presently known, but are in no way to the prejudice o f Defendant to amend or supplement the responses upon further discovery, 2 investigation, research or analysis. 4. Except for facts explicitly admitted herein, no admission of any nature whatsoever is implied by, or to be inferred from, the responses. 5. Defendant makes all of the objections contained herein, including its General Objections and Specific Objections, while reserving the right to make additional objections as may be deemed appropriate upon further review of information and/or documents. RESPONSE TO PLAINTIFF'S REQUEST FOR PRODUCTION 1. Any and all photographs in the possession of the Defendant, CLEVELAND CLINIC WESTON HOSPITAL NONPROFIT CORPORATION, depicting the parties and scene ofthe incident sued upon taken before, at the time of or subsequent to the incident sued upon. RESPONSE: Objection, attorney work product. Notwithstanding,none. 2. Any and all statements, whether written, summarized, transcribed or recorded taken from the Plaintiff and pertaining to the incident sued upon. RESPONSE: None. 3. Any and all statements of any person taken iii the regular and ordinary course of business who purports to have been an eyewitness to the incident sued upon whether written, summarized, transcribed or recorded immediately preceding the, incident described in the complaint. RESPONSE: Objection, work product, see privilege log. 3 4. Any and all written reports prepared within the five (5) year period prior to the incident sued upon by any employee, servant, agent or other representative of the Defendant relative to any similar occurrence to that of the Plaintiff. RESPONSE: Objection, attorney work product. Notwithstanding,none. 5. Any and all written reports prepared by any individuals including, CLEVELAND CLINIC WESTON HOSPITAL NONPROFIT CORPORATION'S employees, relative to the incident sued upon which was prepared and is in the possession of Defendant, CLEVELAND CLINIC WESTON HOSPITALNONPROFIT CORPORATION. RESPONSE: Objection, work product, see privilege log. 6. A copy of all reports or any other materials submitted to you by any expert expected by you, your attorney or any representative of yours to testify during the trial of this cause. RESPONSE: Defendant will disclose any expert reports in accordance with any Trial Orders issued by the Court. Notwithstanding, none at this time. 7. A copy of all contracts between the Defendant, CLEVELAND CLINIC WESTON HOSPITAL NONPROFIT CORPORATION, and any other individual or corporation as such contracts pertaining to the maintenance of the area described iii the complaint where the Plaintiffwas injured. RESPONSE: An inquiry has been made and provided responsive documents exist, once received they will be produced. 8. A list of the names and addresses of all persons, employees, managers and supervisors whose job it was to maintain the area on which the Plaintiff was injured. RESPONSE: None in Defendant's possession, custody or control. 4 9. A complete copy of the incident report prepared iii the regular and ordinary course of business of the Defendant, CLEVELAND CLINIC WESTON HOSPITAL NONPROFIT CORPORATION, with respect to the occurrence of the incident described in the complaint. RESPONSE: Objection work product. See privilege log. 10. Any and all copies of the original blueprints, design and construction specifications of the area where the incident sued upon occurred. RESPONSE: An inquiry has been made, andprovided any applicable blueprints, design and construction specifications are in the possession of Defendant, they will be provided upon receipt. 11. Name of company, address and names of employees responsible for placing warning signs on, around or near the area, which is the subject matter of this suit including all invoices, bills, remittances, requests or requisition slips for work performed. RESPONSE: Objection this request purports to seek information that is better suited for interrogatory. Notwithstanding, Defendant is not in possession of any an documentation reflecting the names and addresses of the individuals requested, and is not in possession of any work orders or invoices for the area where the incident took place. 12. Please produce a copy of the drivers' license of all employees, managers and supervisors that witnessed the incident as well as those persons, employees, managers and supervisors responsible for the maintenance of the establishment and the area in question. If the address is not current, please note the current address. RESPONSE: Objection, overly broad, unduly burdensome, not reasonably calculated to lead to admissible evidence. Further, Defendant is not the custodian of the records sought for the non-party construction company's employees that may have witnessed the incident described in the complaint. 5 CERTIFICATEOF SERVICE nd WE HEREBY CERTIFY that on this WS'fday of July, 2021, a copy of the foregoing was filed and served via the Florida Courts E-Filing Portal to Vincent T. Brown, Esq., The Brown Law Group, P.A., 1195 N.W. 11gth Street, Suite 202, Miami, Florida, 33168, STEARNS WEAVER MILLER WEISSLER ALHADEFF & SITTERSON, P.A. Attorneys for Defendant 200 East Las Olas Blvd., Suite 2100 Fort Lauderdale, FL 33301 Telephone: (954) 462-9500 I.IJSHIAJ By: Z- THpiQAS (.%9*j;*foUIRE FHN: 008060 taubin @ stearnsweaver.com MATTHEW S. PODOLNICK, ESQUIRE FBN: 112126 mpodolnick@stearnsweaver.com AMANADA L. SPENCER, ESQUIRE FBN: 1010874 aspencer@ steartlaweaver,corn 6