On March 05, 2021 a
Party Discovery
was filed
involving a dispute between
and
for PREMISES LIABILITY COMMERCIAL
in the District Court of Brevard County.
Preview
Filing # 122606704 E-Filed 03/05/2021 03:43:14 PM
IN THE CIRCUIT COURT OF THE 18TH
JUDICIAL CIRCUIT IN AND FOR
BREVARD COUNTY, FLORIDA
PAMELA HUFF,
Plaintiff,
Vs.
WAL-MART STORES EAST, LP, a Case No:
foreign limited partnership,
Defendant.
PLAINTIFF’S REQUEST FOR ADMISSIONS TO DEFENDANT.
WAL-MART STORES EAST, LP, A FOREIGN LIMITED PARTNERSHIP
COMES NOW Plaintiff, PAMELA HUFF, by and through the undersigned counsel
and pursuant to Fla. R. Civ. P. 1.370, and hereby requests that Defendant, WAL-MART
STORES EAST, LP, A FOREIGN LIMITED PARTNERSHIP, admit the truth of the
following matters. As used herein unless otherwise noted, “incident” refers to Plaintiff's
fall described in the Complaint; “property” is the location or premises described in the
Complaint and each paragraph is for the date of the incident identified in the Complaint.
1 Admit Defendant was responsible for maintaining the area where the
incident occurred.
2 Admit Plaintiff fell while on the property identified in Plaintiff's Complaint.
3 Admit at least one of Defendant's current or former employee(s) was
made aware of the incident on the day it happened.
4 Admit an incident report was prepared by one of Defendant’s employees
regarding the incident.
5. Admit an incident report was filled out by the Plaintiff.
Filing 122606704 VS 05-2021-CA-019086-XXXX-XX.
PAMELA HUFF V. WAL-MART STORES EAST, LP, A FOREIGN LIMITED PARTNERSHIP
CASE NO.:
PLAINTIFF'S REQUEST FOR ADMISSIONS TO DEFENDANT
PAGE 2 OF 3
6 Admit an incident report was signed by the Plaintiff.
7. Admit Plaintiff was a business invitee.
8. Admit there was a foreign substance on the floor where the Plaintiff fell.
9. Admit after the subject incident the Defendant wiped up and/or cleaned
the area where the Plaintiff fell.
10. Admit the substance or liquid which was on the floor at the time of the
subject incident is no longer present on the floor.
11. Admit the Plaintiff complained of pain after falling on the day of this
incident.
12. Admit the Plaintiff sustained an injury in this incident.
13. Admit one or more of Defendant's employees offered assistance to
Plaintiff following this incident.
14. Admit one or more of Defendant’s employees offered to call 911 following
this incident.
15. Admit there were no warning signs, wet floor signs, or caution cones in the
area where the incident occurred when the incident occurred.
16. Admit Defendant had operational security cameras on the property.
17. Admit Defendant has video of the incident.
18. Admit Defendant has in its possession video showing the area where the
incident occurred prior to the subject incident occurring.
19. Admit the video preserved by Defendant is less than sixty (60) minutes
long.
Filing 122606704 VS 05-2021-CA-019086-XXXX-XX.
PAMELA HUFF V. WAL-MART STORES EAST, LP, A FOREIGN LIMITED PARTNERSHIP
CASE NO.:
PLAINTIFF'S REQUEST FOR ADMISSIONS TO DEFENDANT
PAGE 3 OF 3
20. Admit the Defendant received a “Preservation of Evidence” letter after the
incident occurred.
21, Admit Defendant did not preserve any video from the date of loss.
22. Admit on the day of the incident, Defendant kept maintenance, inspection,
and/ or cleaning logs documenting when the area where the incident occurred was last
cleaned prior to the incident.
23. Admit Defendant has maintenance, inspection, and/or cleaning logs
documenting when the area where the incident occurred was maintained, inspected, or
cleaned.
24. Admit Defendant did not preserve any documentation regarding
inspection, maintenance or cleaning of the subject area.
25. Admit Defendant knows of no current or former employees with personal
knowledge of when the subject area was maintained, inspected or cleaned within one
(1) hour prior to the incident.
| HEREBY CERTIFY that a true and correct copy of the foregoing has been
served with the Complaint.
By: s/ Juan Asconape
JUAN ASCONAPE
Attorney Email: jasconape@schwedlawfirm.com
Eservice Email: eservice@schwedlawfirm.com
Bar Number: 0073731
Attorneys for Plaintiff, PAMELA HUFF
Schwed, Adams & McGinley, P.A.
7111 Fairway Drive, Suite 105
Palm Beach Gardens, Florida 33418
Telephone: (561) 694-6079
Facsimile: (561) 694-6089
Filing 122606704 VS 05-2021-CA-019086-XXXX-XX.
Document Filed Date
March 05, 2021
Case Filing Date
March 05, 2021
Category
PREMISES LIABILITY COMMERCIAL
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Filing # 122606704 E-Filed 03/05/2021 03:43:14 PM IN THE CIRCUIT COURT OF THE 18TH JUDICIAL CIRCUIT IN AND FOR BREVARD COUNTY, FLORIDA PAMELA HUFF, Plaintiff, Vs. WAL-MART STORES EAST, LP, a Case No: foreign limited partnership, Defendant. PLAINTIFF’S REQUEST FOR ADMISSIONS TO DEFENDANT. WAL-MART STORES EAST, LP, A FOREIGN LIMITED PARTNERSHIP COMES NOW Plaintiff, PAMELA HUFF, by and through the undersigned counsel and pursuant to Fla. R. Civ. P. 1.370, and hereby requests that Defendant, WAL-MART STORES EAST, LP, A FOREIGN LIMITED PARTNERSHIP, admit the truth of the following matters. As used herein unless otherwise noted, “incident” refers to Plaintiff's fall described in the Complaint; “property” is the location or premises described in the Complaint and each paragraph is for the date of the incident identified in the Complaint. 1 Admit Defendant was responsible for maintaining the area where the incident occurred. 2 Admit Plaintiff fell while on the property identified in Plaintiff's Complaint. 3 Admit at least one of Defendant's current or former employee(s) was made aware of the incident on the day it happened. 4 Admit an incident report was prepared by one of Defendant’s employees regarding the incident. 5. Admit an incident report was filled out by the Plaintiff. Filing 122606704 VS 05-2021-CA-019086-XXXX-XX. PAMELA HUFF V. WAL-MART STORES EAST, LP, A FOREIGN LIMITED PARTNERSHIP CASE NO.: PLAINTIFF'S REQUEST FOR ADMISSIONS TO DEFENDANT PAGE 2 OF 3 6 Admit an incident report was signed by the Plaintiff. 7. Admit Plaintiff was a business invitee. 8. Admit there was a foreign substance on the floor where the Plaintiff fell. 9. Admit after the subject incident the Defendant wiped up and/or cleaned the area where the Plaintiff fell. 10. Admit the substance or liquid which was on the floor at the time of the subject incident is no longer present on the floor. 11. Admit the Plaintiff complained of pain after falling on the day of this incident. 12. Admit the Plaintiff sustained an injury in this incident. 13. Admit one or more of Defendant's employees offered assistance to Plaintiff following this incident. 14. Admit one or more of Defendant’s employees offered to call 911 following this incident. 15. Admit there were no warning signs, wet floor signs, or caution cones in the area where the incident occurred when the incident occurred. 16. Admit Defendant had operational security cameras on the property. 17. Admit Defendant has video of the incident. 18. Admit Defendant has in its possession video showing the area where the incident occurred prior to the subject incident occurring. 19. Admit the video preserved by Defendant is less than sixty (60) minutes long. Filing 122606704 VS 05-2021-CA-019086-XXXX-XX. PAMELA HUFF V. WAL-MART STORES EAST, LP, A FOREIGN LIMITED PARTNERSHIP CASE NO.: PLAINTIFF'S REQUEST FOR ADMISSIONS TO DEFENDANT PAGE 3 OF 3 20. Admit the Defendant received a “Preservation of Evidence” letter after the incident occurred. 21, Admit Defendant did not preserve any video from the date of loss. 22. Admit on the day of the incident, Defendant kept maintenance, inspection, and/ or cleaning logs documenting when the area where the incident occurred was last cleaned prior to the incident. 23. Admit Defendant has maintenance, inspection, and/or cleaning logs documenting when the area where the incident occurred was maintained, inspected, or cleaned. 24. Admit Defendant did not preserve any documentation regarding inspection, maintenance or cleaning of the subject area. 25. Admit Defendant knows of no current or former employees with personal knowledge of when the subject area was maintained, inspected or cleaned within one (1) hour prior to the incident. | HEREBY CERTIFY that a true and correct copy of the foregoing has been served with the Complaint. By: s/ Juan Asconape JUAN ASCONAPE Attorney Email: jasconape@schwedlawfirm.com Eservice Email: eservice@schwedlawfirm.com Bar Number: 0073731 Attorneys for Plaintiff, PAMELA HUFF Schwed, Adams & McGinley, P.A. 7111 Fairway Drive, Suite 105 Palm Beach Gardens, Florida 33418 Telephone: (561) 694-6079 Facsimile: (561) 694-6089 Filing 122606704 VS 05-2021-CA-019086-XXXX-XX.