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Filing # 166102757 E-Filed 02/03/2023 01:28:56 PM
IN THE CIRCUIT COURT, FIFTH
JUDICIAL CIRCUIT, IN AND FOR,
LAKE COUNTY, FLORIDA
CASE NO.: 2022-CA-002134
MELISSA MAGLIO,
an individual,
Plaintiff,
Vs.
DOLGENCORP, LLC,
a Foreign Limited Liability Company
Defendant.
/
DEFENDANT’S RESPONSE TO PLAINTIFF’S
FIRST REQUEST FOR PRODUCTION
Defendant, DOLGENCORP, LLC, d/b/a DOLLAR GENERAL (“Dolgencorp”), by and
through its undersigned counsel, hereby responds to Plaintiff, MELISSA MAGLIO’s First
Request for Production to Defendant by stating as follows:
1 Any written reports made, or any written statements taken from witnesses about
the incident described in the Complaint.
RESPONSE: As to written witness statements, none. As to “written reports,”
Defendant objects to Request No. 1 on the grounds said Request is
overbroad, vague and ambiguous and lacks specificity, making it
unclear as to what exactly is being requested, and potentially seeks the
production of documents protected by work product and attorney-
client privileges. Defense counsel is in possession of an Incident
Report prepared in anticipated of litigation; see Defendant’s Privilege
Log.
2 Any photographs taken or videotapes made which relate to liability, damages, or
any other issues concerning the incident described in the Complaint.
RESPONSE: As to photographs taken, none. As to “videotapes made,” Defendant
objects to Request No. 2 on the grounds said Request is vague and
FILED: LAKE COUNTY, GARY J. COONEY, CLERK, 02/03/2023 01:29:31 PM
ambiguous and lacks specificity, making it unclear as to what exactly
is being requested. Subject to and without waiving said objections,
Defendant is not in possession of any video recordings capturing the
subject incident. Otherwise, see Defendant’s Privilege Log.
3 Any items of physical evidence, including any objects, substances, diagrams,
measurements, plans, blueprints, documents, letters, or any other tangible items obtained which
relate to the incident described in the Complaint.
RESPONSE: Defendant objects to Request No. 3 on the grounds said Request is
vague and ambiguous and lacks specificity, making it unclear as to
what exactly is being requested. Further, Plaintiff is not making a
construction defect claim, and therefore store diagrams,
measurements, plans, and blueprints are irrelevant in this case and
not applicable to her claim. See Defendant’s Privilege Log.
4 Any records regarding regular floor cleaning or repairs performed at the premises
described in the Complaint during the three months prior to this incident.
RESPONSE: Defendant objects to Request No. 4 on the grounds said Request is
vague, ambiguous, overbroad, and lacks specificity, making it unclear
as to what exactly is being requested. Further, Plaintiff has alleged
her fall was caused by tripping/slipping over a misplaced item on the
floor and is not making a claim that anything was wrong with the
structure or actual floor itself or that any needed unperformed
repairs to the floor caused or contributed to her fall.
As to regular cleaning of the floors, and subject to and without
waiving said objections above, see Defendant’s Response to No. 6
regarding Standard Operating Procedures and Safety Handbook.
5 Any records regarding regular floor cleaning performed at the premises described
in the Complaint subsequent to this incident.
RESPONSE: Defendant objects to Request No. 5 on the grounds said Request is
vague and ambiguous and lacks specificity, making it unclear as to
what exactly is being requested, as well as seeks information
regarding subsequent remedial measures.
As to regular cleaning of the floors, and subject to and without
waiving said objections above, see Defendant’s Response to No. 6
regarding Standard Operating Procedures and Safety Handbook.
6 Describe floor cleaning or maintenance procedures performed by Defendant
employee and/or janitorial staff within 24 hours prior to incident on May 7, 2021.
RESPONSE: Defendant objects to Request No. 6 on the grounds said Request seeks
the production of information and documents relating to corporate
confidential business practices, that are proprietary in nature,
protected intellectual property, and trade secret.
Subject to and without waiving said objections, Defendant will
produce all relevant documents responsive to this Request and related
to the area where the subject incident occurred, including Standard
Operating Procedures and Safety Handbook, upon the execution of
the attached Confidentiality Agreement. In the meantime, see
Defendant’s Privilege Log.
7 Describe safety training measures provided to Defendant’s employees prior to
May 7, 2021.
RESPONSE: Defendant objects to Request No. 7 on the grounds said Request seeks
the production of information and documents relating to corporate
confidential business practices, that are proprietary in nature,
protected intellectual property, and trade secret.
Subject to and without waiving said objections, Defendant will
produce all relevant documents responsive to this Request and related
to the area where the subject incident occurred, including Standard
Operating Procedures, Safety Handbook, and Safety Training
materials, upon the execution of the attached Confidentiality
Agreement. In the meantime, see Defendant’s Privilege Log.
8 Any written manuals, policies, or procedures pertaining to safety precautions or
maintenance policies in this regard.
RESPONSE: Defendant objects to Request No. 8 on the grounds said Request seeks
the production of information and documents relating to corporate
confidential business practices, that are proprietary in nature,
protected intellectual property, and trade secret.
Subject to and without waiving said objections, Defendant will
produce all relevant documents responsive to this Request and related
to the area where the subject incident occurred, including Standard
Operating Procedures, Employee Handbook, Safety Handbook, and
Safety Training materials, upon the execution of the attached
Confidentiality Agreement. In the meantime, see Defendant’s
Privilege Log.
9 Any records of any incidents involving persons who claimed to have sustained a
fall on these premises during the three years prior to the incident described in the Complaint.
RESPONSE: Aware of none.
10. Any records of any incidents involving persons who claimed to have sustained a
fall on these premises since the date of the incident described in the Complaint.
RESPONSE: Aware of none.
11. Copies of the declarations pages of all policies of insurance which you contend
cover or may cover you for the allegations set forth in the Complaint.
RESPONSE: Defendant is self-insured and self-administered up to its self-insured
retention limit, $750,000, before additional layers of excess coverage.
Provided to Plaintiff’s counsel pre-suit.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a copy of the foregoing has been furnished via the Florida
Courts E-Filing Portal System to Lisa M. Nommensen, Esquire, Law Office of Nooney,
Roberts, Hewett & Nowicki, 1680 Emerson Street, Jacksonville, FL 32207, lisa@nrhnlaw.com,
and smeneil@nrhnlaw.com,, Attorney for Plaintiff, on this 3 day of February, 2023.
ST. DENIS & DAVEY, P.A.
Florida Bar Number 016121
kacie@sdtriallaw.com
1300 Riverplace Boulevard, Suite 401
Jacksonville, Florida 32207
(904) 396-1996 — Telephone
(904) 396-1991 — Facsimile
Attorneys for Dolgencorp, LLC
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Filing # 166102757 E-Filed 02/03/2023 01:28:56 PM IN THE CIRCUIT COURT, FIFTH JUDICIAL CIRCUIT, IN AND FOR, LAKE COUNTY, FLORIDA CASE NO.: 2022-CA-002134 MELISSA MAGLIO, an individual, Plaintiff, Vs. DOLGENCORP, LLC, a Foreign Limited Liability Company Defendant. / DEFENDANT’S RESPONSE TO PLAINTIFF’S FIRST REQUEST FOR PRODUCTION Defendant, DOLGENCORP, LLC, d/b/a DOLLAR GENERAL (“Dolgencorp”), by and through its undersigned counsel, hereby responds to Plaintiff, MELISSA MAGLIO’s First Request for Production to Defendant by stating as follows: 1 Any written reports made, or any written statements taken from witnesses about the incident described in the Complaint. RESPONSE: As to written witness statements, none. As to “written reports,” Defendant objects to Request No. 1 on the grounds said Request is overbroad, vague and ambiguous and lacks specificity, making it unclear as to what exactly is being requested, and potentially seeks the production of documents protected by work product and attorney- client privileges. Defense counsel is in possession of an Incident Report prepared in anticipated of litigation; see Defendant’s Privilege Log. 2 Any photographs taken or videotapes made which relate to liability, damages, or any other issues concerning the incident described in the Complaint. RESPONSE: As to photographs taken, none. As to “videotapes made,” Defendant objects to Request No. 2 on the grounds said Request is vague and FILED: LAKE COUNTY, GARY J. COONEY, CLERK, 02/03/2023 01:29:31 PM ambiguous and lacks specificity, making it unclear as to what exactly is being requested. Subject to and without waiving said objections, Defendant is not in possession of any video recordings capturing the subject incident. Otherwise, see Defendant’s Privilege Log. 3 Any items of physical evidence, including any objects, substances, diagrams, measurements, plans, blueprints, documents, letters, or any other tangible items obtained which relate to the incident described in the Complaint. RESPONSE: Defendant objects to Request No. 3 on the grounds said Request is vague and ambiguous and lacks specificity, making it unclear as to what exactly is being requested. Further, Plaintiff is not making a construction defect claim, and therefore store diagrams, measurements, plans, and blueprints are irrelevant in this case and not applicable to her claim. See Defendant’s Privilege Log. 4 Any records regarding regular floor cleaning or repairs performed at the premises described in the Complaint during the three months prior to this incident. RESPONSE: Defendant objects to Request No. 4 on the grounds said Request is vague, ambiguous, overbroad, and lacks specificity, making it unclear as to what exactly is being requested. Further, Plaintiff has alleged her fall was caused by tripping/slipping over a misplaced item on the floor and is not making a claim that anything was wrong with the structure or actual floor itself or that any needed unperformed repairs to the floor caused or contributed to her fall. As to regular cleaning of the floors, and subject to and without waiving said objections above, see Defendant’s Response to No. 6 regarding Standard Operating Procedures and Safety Handbook. 5 Any records regarding regular floor cleaning performed at the premises described in the Complaint subsequent to this incident. RESPONSE: Defendant objects to Request No. 5 on the grounds said Request is vague and ambiguous and lacks specificity, making it unclear as to what exactly is being requested, as well as seeks information regarding subsequent remedial measures. As to regular cleaning of the floors, and subject to and without waiving said objections above, see Defendant’s Response to No. 6 regarding Standard Operating Procedures and Safety Handbook. 6 Describe floor cleaning or maintenance procedures performed by Defendant employee and/or janitorial staff within 24 hours prior to incident on May 7, 2021. RESPONSE: Defendant objects to Request No. 6 on the grounds said Request seeks the production of information and documents relating to corporate confidential business practices, that are proprietary in nature, protected intellectual property, and trade secret. Subject to and without waiving said objections, Defendant will produce all relevant documents responsive to this Request and related to the area where the subject incident occurred, including Standard Operating Procedures and Safety Handbook, upon the execution of the attached Confidentiality Agreement. In the meantime, see Defendant’s Privilege Log. 7 Describe safety training measures provided to Defendant’s employees prior to May 7, 2021. RESPONSE: Defendant objects to Request No. 7 on the grounds said Request seeks the production of information and documents relating to corporate confidential business practices, that are proprietary in nature, protected intellectual property, and trade secret. Subject to and without waiving said objections, Defendant will produce all relevant documents responsive to this Request and related to the area where the subject incident occurred, including Standard Operating Procedures, Safety Handbook, and Safety Training materials, upon the execution of the attached Confidentiality Agreement. In the meantime, see Defendant’s Privilege Log. 8 Any written manuals, policies, or procedures pertaining to safety precautions or maintenance policies in this regard. RESPONSE: Defendant objects to Request No. 8 on the grounds said Request seeks the production of information and documents relating to corporate confidential business practices, that are proprietary in nature, protected intellectual property, and trade secret. Subject to and without waiving said objections, Defendant will produce all relevant documents responsive to this Request and related to the area where the subject incident occurred, including Standard Operating Procedures, Employee Handbook, Safety Handbook, and Safety Training materials, upon the execution of the attached Confidentiality Agreement. In the meantime, see Defendant’s Privilege Log. 9 Any records of any incidents involving persons who claimed to have sustained a fall on these premises during the three years prior to the incident described in the Complaint. RESPONSE: Aware of none. 10. Any records of any incidents involving persons who claimed to have sustained a fall on these premises since the date of the incident described in the Complaint. RESPONSE: Aware of none. 11. Copies of the declarations pages of all policies of insurance which you contend cover or may cover you for the allegations set forth in the Complaint. RESPONSE: Defendant is self-insured and self-administered up to its self-insured retention limit, $750,000, before additional layers of excess coverage. Provided to Plaintiff’s counsel pre-suit. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of the foregoing has been furnished via the Florida Courts E-Filing Portal System to Lisa M. Nommensen, Esquire, Law Office of Nooney, Roberts, Hewett & Nowicki, 1680 Emerson Street, Jacksonville, FL 32207, lisa@nrhnlaw.com, and smeneil@nrhnlaw.com,, Attorney for Plaintiff, on this 3 day of February, 2023. ST. DENIS & DAVEY, P.A. Florida Bar Number 016121 kacie@sdtriallaw.com 1300 Riverplace Boulevard, Suite 401 Jacksonville, Florida 32207 (904) 396-1996 — Telephone (904) 396-1991 — Facsimile Attorneys for Dolgencorp, LLC