Preview
Filing# 142208441 E-Filed 01/19/2022 08:54:16 AM
IN THE COUNTY COURT OF THE 17TH JUDICIAL CIRCUIT
IN AND FOR BROWARD COUNTY, FLORIDA
BRICKHOUSE INSPECTIONS, INC.,
(A/A/O LATOYA WARD),
Plaintiff,
Case No.: COSO-21-001383
VS.
CITIZENS PROPERTY INSURANCE
CORPORATION,
Defendant.
1
JOINT PRETRIAL STIPULATION
The Parties hereby file their Joint Pretrial pursuant to the Court' s Uniform
Stipulation Pretrial
Order and state as follows:
1. Statement of Facts: Plaintiff filed its one count for breach of contract action based
upon an after-loss assignment of insurance proceeds by Latoya Ward (the"Insured").The Insured and
Defendant had a policy of insurance, Policy No. 04026325 (the "Policy"),for the property located
3 52 1 NW 17
th
Street,Lauderhill, FL 33311 (theProperty"),which afforded various types of coverage.
On or about November 8,2020, it was reportedthat the Property sustained damages from an accidental
dischargeor overflow ofwater (the"Loss"). Defendant assignedclaim number 001-00-252192 to the
Loss.
2. StipulatedFacts:
a) That this Court has jurisdiction.
b) That venue is proper.
c) The Property is located at 3521 NW 17th Street,Lauderhill, FL 33311.
d) Defendant issued policy number 04026325.
e) Plaintiff and the Insured signed a valid Assignment of Benefits.
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 01/19/2022 08:54:15 AM.****
f) The Policy was in effect on the allegeddate of loss.
g) Defendant issued claim number 001-00-252192 for the allegedloss reportedby or
on behalf of the Insured.
3. Statement of Disputed Law & Fact:
a) The Loss is a covered loss under the Policy.
b) Whether the Defendant breached the insurance policy.
4. Exhibit Lists:
a) The Plaintiff' s Exhibit list is attached as Exhibit A.
b) The Defendant's Exhibit List is attached as Exhibit B.
5. Witness List:
a) The Plaintiff' s Witness list is attached as Exhibit A.
b) The Defendant's Witness List is attached as Exhibit C.
6. Jury Instructions:
Plaintiffs proposed Jury Instructions are attached as Exhibit D.
Defendant' s Proposed Jury Instructions are attached as Exhibit E.
7. Verdict Form:
Plaintiff' s proposed verdict form is attached as Exhibit F.
Defendant' s proposed verdict form is attached as Exhibit E.
8. Peremptory challenge:Three (3) for each side.
9. Pending Motion:
a) Defendant's Motion to Compel Discovery Responses.
b) Defendant' s Motion for Summary Judgment.
c) Plaintiff s and Defendant's Motions in Limine.
10. Length of Jury Trial Estimate: Three (3)days.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoingwas filed using the
Florida Courts e-FilingPortal,to All Counsel of Record on January 19,2022.
Manny M. Tarich
/s/ /s/Rachel H. Minetree
Manny M. Tarich, Esq. Rachel H. Minetree
Florida Bar No.: 654876 Florida bar No. 0519774
THE TARICH LAW FIRM, P.A. Conroy Simberg
1946 Tyler Street 3440 Hollywood Blvd., Second Floor
Hollywood, FL 33020 Hollywood, FL 33021
Telephone: (305) 503-5095 Telephone: 954-961-1400
Facsimile: (866) 858-1226 Facsimile: 954-967-8577
Attorneyfor Plaintiff Attorneyfor Defendant
Manny@tarichlaw.com minetree@conroysimberg.com
Hannah*arichlaw.com
Exhibit ?A?
IN THE COUNTY COURT OF THE 17TH JUDICIAL CIRCUIT
IN AND FOR BROWARD COUNTY, FLORIDA
BRICKHOUSE INSPECTIONS, INC.,
(A/NO LATOYA WARD),
Plaintiff.
Case No.: COSO-21-001383
VS.
CITIZENS PROPERTY INSURANCE
CORPORATION,
Defendant.
i
PLAINTIFF'S WITNESS AND EXHIBIT LIST
Brickhouse InspectionsInc. (a/a/oLatoya Ward), by and through the undersigned
Plaintiff,
counsel hereby discloses its Expert Witness and Exhibit List.
Witness List
1. Pacey L*kind
Brickhouse InspectionsInc.
16710 NE *th Ave #706
North Miami, Brach Fl 33162
2. All witnesses deposed in this case.
3. All witnesses for impeachment and rebuttal purposes.
4. All witnesses listed by Defendant.
5. All records custodian of all documents, videos,photographs,records,and other materials
exchanged in discovery.
6. All expert witnesses, unknown at this time, anmes to be provided at least five (5) days
before trial.
Exhibit "A ,,
7. Plaintiff reserves the rightto supplement and/or amend its witness list with reasonable
notice to Defendant.
Exhibit List
1. Inc. 's assignmentof Benefits contract with the Insured.
Brickhouse Inspections
2. Brickhouse InspectionInc.'s Invoice.
3. Copies of all photographs taken by Brickhouse InspectionsInc.
4. Copies of any reports, photographs taken by, or documents or treatisises relied upon by
Plaintiff's expert(s).
5. Copies of any reports from, photographs taken by, or documents or treatises relied upon
by Defendant's expert(s).
6. Copies of any statements from Plaintiff.
7. Copies of any statements from Defendant.
8. Any and all correspondence pertainingto Plaintiffs claim, between Plaintiff and
Defendant.
9. and estimates providedby Defendant.
Copies ofphotographs,descriptions
10. of all witnesses with
Deposition transcripts all exhibits.
11. Any and all Answers to Interrogatories,
filed by Plaintiff or Defendant in this matter.
12. Any and all Responses to all Requests for Production, filed by Plaintiff or Defendant
in this matter.
13. Any and all Responses to all Requests for Production, filed by Plaintiff or Defendant,
along with all documents responsiveto same.
14. Any and all documents, relied upon by and/or
experts, agents, representatives, anyone
else in this action.
Exhibit ?A?
15. Any and all professionallicensing, and business licensingregardingany
certifications,
and all witnesses listed by Plaintiff and Defendant.
16. Any and all exhibits listed by any other parties.
17. Certified copy of insured's insurance policyof Defendant.
18. Plaintiff reserves the rightto supplement and/or amend its exhibit list with reasonable
notice to Defendant.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this 19? 'th
day of January 2022 a true and correct copy ofthe
foregoingwas filed using the Florida Courts e-FilingPortal,to All Counsel of Record.
/sl Mannv M. Tarich
Manny M. Tarich, Esq.
Florida Bar No.. 654876
THE TARICH LAW FIRM, P.A.
1946 Tyler Street
Hollywood, FL 33020
Telephone: (305) 503-5095
Facsimile: (866) 858-1226
Attorneyfor Plaintiff
Manny@tarichlaw.com
Exhibit "B"
2148278
IN THE COUNTY COURT OF THE 17TH JUDICIAL
CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA
CASE NO. COSO-21-001383
BRICKHOUSE INSPECTIONS, INC.,
a/a/o LATOYA WARD,
Plaintiff,
V
CITIZENS PROPERTY INSURANCE
CORPORATION,
Defendant.
i
DEFENDANT'S EXHIBIT LIST
Defendant, CITIZENS PROPERTY INSURANCE CORPORATION, hereby files its
Exhibit List,as follows:
1. Policy of Insurance issued by Citizens Property Insurance Corporationto Latoya
Ward, Policy Number 04026325.
2. All correspondencebetween Citizens and the insureds and/or their representatives.
3. Any and all contracts between the insureds and any companies for services rendered
related to the loss.
4. Any and all invoices from companies for service rendered related to the loss.
5. Photographs taken by Defendant of the loss.
6. Any and all reports, photographsand/or videos from Defendant's experts.
7. Photographs taken on behalf of Plaintiff.
8 Estimate/ invoices prepared on behalf of Plaintiff.
Exhibit "B"
CASE NO. COSO-21-001383
9. Any and all discoveryresponses between the parties
with supplements.
10. All correspondencesbetween the partiesand/or their agents.
11. Any and all exhibits listed by the Plaintiff.
12. Any and all documents produced by non-parties.
13. Any and all with
depositiontranscripts exhibits.
14. Any and all documents produced or divulgedpriorto trial.
15. Any and all demonstrative aids and/or blow-ups.
16. Defendant reserves the rightto amend this Exhibit List
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a copy hereof has been served on all Counsel of Record via the
.th
Florida E-FilingPortal this 19? day of January 2022.
CONROY SIMBERG
Attorney for Defendant, Citizens Property Insurance
Corporation
5201 Blue Lagoon Drive, Office Number 925
Miami, FL 33126
Telephone: (305) 373-2888
Facsimile: (954) 967-8577
Primary Email: eservicemiapip@conroysimberg.com
Secondary Email: eservicemiapip@conroysimberg.com
By: /s/ Rachel H. Minetree
Rachel H. Minetree, Esquire
Florida Bar No. 0519774
2
Exhibit "C"
2148278
IN THE COUNTY COURT OF THE 17TH JUDICIAL
CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA
CASE NO. COSO-21-001383
BRICKHOUSE INSPECTIONS, INC.,
a/a/o LATOYA WARD,
Plaintiff,
V
CITIZENS PROPERTY INSURANCE
CORPORATION,
Defendant.
i
DEFENDANT'S TRIAL WITNESS LIST
Defendant, CITIZENS PROPERTY INSURANCE CORPORATION, by and through their
undersignedcounsel submits the following:
1. CorporateRepresentative
Citizens Property Insurance Corporation
.th
301 West Bay Street,13' Floor
Jacksonville,Florida 32202
2. Corporate Representative
Brickhouse Inspections
16710 NE 9?
,th
Ave. #706
North Miami Beach, FL 33162
3. Latoya Ward and Eric Maurice Seay
Exhibit "C"
CASE NO. COSO-21-001383
3 521 NW 1 7 ,th
St.
Lauderhill,FL 33311
4. Alan Grand
Florida Public Adjusting
2206 Hollywood Blvd.
Hollywood, FL 33020
5. Barry Denny
Citizens Property Insurance Corporation
.th
301 West Bay Street, 13' Floor
Jacksonville,Florida 32202
6. All records custodian for non-partieswho produced records in
this suit.
7. All witnesses on Plaintiff's Witness List.
8. All rebuttal witnesses.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a copy hereof has been served on all Counsel of Record via the
.th
Florida E-FilingPortal this 19? day of January 2022.
CONROY SIMBERG
Attorney for Defendant, Citizens Property Insurance
Corporation
5201 Blue Lagoon Drive, Office Number 925
Miami, FL 33126
Telephone: (305) 373-2888
Facsimile: (954) 967-8577
Primary Email: eservicemiapip@conroysimberg.com
Secondary Email: eservicemiapip@conroysimberg.com
By: /s/ Rachel H. Minetree
Rachel H. Minetree, Esquire
Florida Bar No. 0519774
2
Exhibit "D"
IN THE COUNTY COURT OF THE 17TH JUDICIAL CIRCUIT
IN AND FOR BROWARD COUNTY, FLORIDA
BRICKHOUSE INSPECTIONS, INC.,
(A/NO LATOYA WARD),
Plaintiff,
Case No.: COSO-21-001383
VS.
CITIZENS PROPERTY INSURANCE
CORPORATION,
Defendant.
i
PROPOSED JURY INSTRUCTIONS
PROPOSED JURY INSTRUCTION NO. 1 (UNDISPUTED)
Oath of Jurors Prior to Voir Dire
Do you solemnly swear or affirm that you will answer truthfully
all questionsasked ofyou
as prospectivejurors?
Do you solemnly swear or affirm that you will well and truly try this case between
Brickhouse Inspections, Inc. (a/a/oLatoya Ward) and Citizens Property Insurance Corporation,
and a true verdict render accordingto the law and evidence?
GIVEN
REFUSED
MODIFIED
WITHDRAWN
Authority:Florida Standard Jury Instructions 101.1 and 101.2.
Exhibit "D"
PROPOSED JURY INSTRUCTION NO. 2 (UNDISPUTED)
Introduction of Participants and Their Roles
Who are the people here and what do they do?
am the Judge.You may hear people occasionallyrefer to me as "The Court."
Judge/Court:I
That is the formal name for my role. My job is to maintain order and decide how to apply the rules
of the law to the trial. I will also explainvarious rules to you that you will need to know in order
to do your job as the jury.It is my job to remain neutral on the issues of this lawsuit.
Parties: A
party who files a lawsuit is called the Plaintiff. A
party that is sued is called the
Defendant. In this case, Brickhouse Inspections, and Citizens is the Defendant.
Inc. is the Plaintiff,
Attorneys: The attorneys have the job of representingtheir clients. That means they speak
for their client here at the trial. They have taken oaths as attorneys to do their best and to follow
the rules for their profession.
Plaintiff' s Counsel: The attorney on this side of the courtroom, Manny Tarich, represents
the Plaintiff,Brickhouse Inspections,Inc. Brickhouse Inspections,Inc is a mitigationcompany is
who filed the lawsuit as an assigneeof the Insured, Sherry Weiser, here at the courthouse. This
job is to present Brickhouse Inspections,
attorney's Inc. side ofthingsto you. Mr. Tarich, will you
pleaseintroduce who is sitting at the table with you?
[Introductionof Persons at Plaintiff's Table]
Defendant's Counsel: The attorneys on this side of the courtroom, [introduceby name],
represent the Defendant, Citizens Property Insurance Corporation.These attorneys'job is to
present the Defendant's side ofthingsto you. [Attorney'sname], will you pleaseintroduce who is
at the table with you?
sitting
of Persons
[Introduction at Defense Table]
Court Clerk This person sitting in front of me, [Clerk'sNamel, is the court clerk. [Hel
[She] is here to assist me with some ofthe mechanics ofthe trial process, includingthe numbering
and collection of the exhibits that are introduced in the course of the trial.
Court Reporter: The person sittinghere, [Name] is the court reporter. [His] [Her] job is to
keep an accurate legalrecord of everythingwe say and do duringthis trial.
[Bailiff/Courtroom Security Deputy]: The person over there, [Name], is the [bailiff]
[courtroom securitydeputy].[His] [Her] job is to maintain order and securityin the courtroom.
The bailiff is also to the jury.Anything you need or any problems that come up
my representative
for you should be brought to [himl [herl.However, the bailiff cannot
duringthe course of the trial
answer any of your questionsabout the case. Only I can do that.
Exhibit "D"
Jwx: Last, but not least,is the jury,which we will begin to select in a few moments from
among all of you. The jury'sjob will be to decide what the facts are and what the facts mean.
Jurors should be as neutral as possibleat this point and have no fixed opinion about the lawsuit.
there are rules that all jurorsmust follow.
In order to have a fair and lawful trial, A
basic
rule is that jurorsmust decide the case only on the evidence presentedin the courtroom. You must
not communicate with anyone, includingfriends and family members, about this case, the people
and places involved, or your jury service. You must not disclose your thoughts about this case or
ask for advice on how to decide this case.
I want to stress that this rule means you must not use electronic devices or computers to
communicate about this case, includingtweeting,texting, blogging,e-mailing, postinginformation
on a website or chat room, or any other means at all. Do not send or accept any messages to or
from anyone about this case or your jury service.
You must not do any research or look up words, names, maps, or anything else that may
have anythingto do with this case. This includes readingnewspapers, watching television or using
a computer, cell phone, the Internet, any electronic device, or any other means at all,to get
information related to this case or the people and places involved in this case. This applieswhether
you are in the courthouse, at home, or anywhere else.
You cannot have any cell phones, tablets,laptops,or other electronic devices in the
courtroom. You may use these devices duringrecesses, but even then,you may not use your cell
phone or electronic device to find out any information about the case or communicate with anyone
about the case or the people involved in the case. Do not take photographs, video recordingsor
audio recordingsof the proceedings or your fellow jurors.At the end of the case, while you are
you must not communicate with anyone outside the jury room. If someone needs to
deliberating,
contact you in an emergency, the court can receive messages and deliver them to you without
delay.A contact phone number will be provided to you.
What are the reasons for these rules? These rules are
imposed because jurorsmust decide
the case without distraction and only on the evidence presented in the courtroom. If you
research, or make inquiries
investigate, on your own outside of the courtroom, the trial judge has
no way to make sure that the information you obtain is proper for the case. The partieslikewise
have no opportunityto disputeor challengethe accuracy of what you find. That is contrary to our
judicialsystem, which assures every party the rightto ask questions about and challenge the
evidence being considered againstit and to present argument with respect to that evidence. Any
independentinvestigation by a jurorunfairlyand improperlyprevents the partiesfrom having that
opportunityour judicialsystem promises.
Any jurorwho violates these restrictions jeopardizesthe fairness ofthese proceedings,and
a mistrial could result that would requirethe entire trial process to start over. A
mistrial is a
tremendous expense and inconvenience to the parties, the court, and the taxpayers. If you violate
these rules,you may be held in contempt of court, and face sanctions,such as servingtime in jail,
paying a fine or both.
Exhibit "D"
All ofyour communications with courtroom personnel,or me, will be part ofthe record of
these proceedings.That means those communications shall either be made in open court with the
court reporter present or, ifthey are in writing,the writingwill be filed with the court clerk. I have
instructed the courtroom personnel that any communications you have with them outside of my
presence must be reported to me, and I will tell the partiesand their attorneys about any
communication from you that I believe may be of interest to the partiesand their attorneys.
However, you may communicate directlywith courtroom personnel about matters
concerning your comfort and safety,such as jurorparking,location of break areas, how and when
to assemble for duty,dress,what personalitems can be brought into the courthouse or jury room,
list any other types ofroutine exparte communications permitted.
The attorneys partiesare being instructed NOT to talk to you in any manner outside
for both
the courtroom, so please do not be offended when they ignore you. They are merely following
instructions.
If you become aware of any violation of these instructions or any other instruction I give
in this case, you must tell me by giving a note to the bailiff.
GIVEN
REFUSED
MODIFIED
WITHDRAWN
Authority:Florida Standard Jury Instruction 201.2.
Exhibit "D"
PROPOSED JURY INSTRUCTION NO. 3 (UNDISPUTED)
Preliminarv Instructions Before Trial
[To be given after jury is sworn: I
Members of the Jury
Now that you've been sworn, I need to explainsome basic principlesabout a civil trial and
your duty as jurors.These are preliminaryinstructions. I'll give you more detailed instructions at
the end of the trial.
The jury'sduty
your duty to listen to the evidence, decide what happened, and apply the law to the
It's
my job to provide you with the law you must apply---andyou must follow the law even
facts. It's
if you disagreewith it.
What is evidence:
You must decide the case on only the evidence presentedin the courtroom. Evidence comes
in many forms. It canbe testimony about what someone saw, heard, or smelled. It can be an exhibit
or a photograph.It can be someone's opinion.
Some evidence may prove Let's say a witness saw wet grass outside and
a fact indirectly.
people walking into the courthouse carryingwet umbrellas. This may be indirect evidence that it
rained, even though the witness didn't personallysee it rain. Indirect evidence like this is also
called "circumstantial evidence"--simplya chain of circumstances that likelyproves a fact.
As far as the law is concerned, it makes no difference whether evidence is direct or indirect.
You may choose to believe or disbelieve either kind. Your job is to give each piece of evidence
whatever weight you think it deserves.
What is not evidence:
you'llhear certain thingsthat are not evidence and you must not consider
During the trial,
them as evidence.
First,the lawyers'statements and arguments aren't evidence. In their opening statements
and closingarguments, the lawyers will discuss the case. Their remarks may help you follow each
side's arguments and presentationof evidence. But the remarks themselves aren't evidence and
shouldn't play a role in your deliberations.
Second, the lawyers'questionsand objectionsaren't evidence. Only the witnesses' answers
are evidence. Don't decide that something is true justbecause a lawyer'squestionsuggests that it
Exhibit "D"
For example, a lawyer may ask a witness,"You saw Mr. Jones hit his sister,
is. didn't you?" That
questionis not evidence ofwhat the witness saw or what Mr. Jones did-unless the witness agrees
with it.
There are rules of evidence that control what the court can receive into evidence. When a
lawyer asks a witness a questionor presents an exhibit,the opposing lawyer may objectif [he/she]
then the witness may answer
thinks the rules ofevidence don't permitit.If I overrule the objection,
then the witness cannot
the questionor the court may receive the exhibit. If I sustain the objection,
answer the question,and the court cannot receive the exhibit. When I sustain an objectionto a
question,you must ignore the question and not guess what the answer might have been.
Sometimes disallow evidence-this is also called "striking"
I may evidence-and order
you to disregardor ignore it. That means that you must not consider that evidence when you are
decidingthe case.
I may allow some evidence for only a limited purpose. When I instruct you that I have
admitted an item of evidence for a limited purpose, you must consider it for only that purpose and
no other.
ofwitnesses:
Credibility
To reach a verdict,you may have to decide which testimonyto believe and which testimony
not to believe. You may
believe everythinga witness says, part of it,or none of it. When
consideringa witness's testimony,you may take into account:
e the witness's opportunityand abilityto see, hear, or know the things the witness is
about;
testifying
e the witness's memory;
e the witness's manner while testifying;
e interest the witness has in the outcome of the case;
any
e any bias or prejudicethe witness may have;
o
any other evidence that contradicts the witness'stestimony;
I the reasonableness ofthe witness's testimony in lightof all the evidence; and
o any other factors affectingbelievability.
Descriptionof case:
a civil case upon an after loss assignment of insurance proceeds by Latoya Ward
This is
(the "Insured").The Insured's Property sustained damages from an accidental discharge or
overflow of water located at 3521 NW
17 th Street,Lauderhill, FL 33311 (the Property").The Insured
and the Plaintiff signed an Assignment of Benefits. Plaintiffprovided
the necessary services for the Insured
and in exchange, the Insured authorized direct payment and assignment their property insurance rights,
benefits,and proceeds to the Plaintiff through the Assignment of Benefits. The Insured is entitled to
insurance benefits for the damage that was sustained under the Policy and now so does the Plaintiff as the
assignee.
Exhibit "D"
Citizens contends no insurance proceeds are owed to Plaintiffbecause the damages claimed
are not covered under the Policy.
Conduct of thejury:
While servingon the jury,you may not talk with anyone about anythingrelated to the case.
You may tell people that you are a juror and give them information about when you must be in
court. But you must not discuss anything about the case itself with anyone.
You shouldn'teven talk about the case with each other until you begin your deliberations.
You want to make sure you've heard everything-allthe evidence,the lawyers'closingarguments,
and my instructions You should keep an open mind
on the law--before you begin deliberating.
until the end of the trial. Premature discussions may lead to a premature decision.
In this age of technology, I want to emphasize that in addition to not talkingface-to-face
with anyone about the case, you must not communicate with anyone about the case by any other
means. This includes e-mails, text messages, phone calls and the Internet, including social-
networkingwebsites such as Facebook, Instagram,Snapchat,YouTube, and Twitter. You may not
use any similar technology of social media, even if I have not specifically
mentioned it here.
You must not provide any information about the case to anyone by any means whatsoever,
and that includes posting information about the case, or what you are doing in the case, on any
device or Internet site,includingblogs,chat rooms, social websites, or any other means.
You also shouldn't Google or search online or offline for any information about the case,
the parties,or the law. Don't read or listen to news about this case, visit any places related to this
case, or research any fact,issue,or law related to this case. The law forbids the jurorsto talk with
anyone else about the case and forbids anyone else to talk to the jurorsabout it. It's very important
that you understand why these rules exist and why they'reso important.You must base your
decision only on the testimony and other evidence presentedin the courtroom. It is not fair to the
partiesif you base your decision in any way on information you acquire outside the courtroom.
For example, the law often uses words and phrases in specialways, so it's important that any
definitions you hear come only from me and not from any other source. Only you jurorscan decide
a verdict in this case. The law sees only you as fair,and only you have promised to be fair-no
one else is so qualified.
Taking notes:
If you wish,you may take notes to help you remember what the witnesses said. If you do
take notes, pleasedon't share them with anyone until you go to the jury room to decide the case.
Don't let note-takingdistract you from carefullylisteningto and observingthe witnesses. When
you leave the courtroom, you should leave your notes hidden from view in the jury room.
Whether or not you take notes, you should rely on your own memory of the testimony.
Your notesare there only to help your memory. They're not entitled to greater weight than your
memory or impressionabout the testimony.
Exhibit "D"
Course ofthe trial:
walk through the trial. First,each side may make an opening statement, but they don't
Let's
have Remember, an opening statement isn't evidence, and it's not supposed to be
to.
argumentative;it's justan outline of what that party intends to prove.
Next, Brickhouse Inspectionwill present their witnesses and ask them questions.After
Brickhouse Inspectionquestions the witness, Citizens may ask the witness questions-this is
called "cross-examining" the witness. Then Citizens will present its witnesses, and Brickhouse
Inspectionmay cross-examine them. You should base your decisions in this case on all the
evidence, regardlessofwhich party presentedit.
After allthe evidence is in, the parties'lawyers will present their closingarguments to
summarize and the evidence for you, and then I'll give you instructions on the law.
interpret
You'll then go to the jury room to deliberate.
GIVEN
REFUSED
MODIFIED
WITHDRAWN
Authority:Eleventh Circuit Civil Pattern Jury Instruction 1.1 (2020).
Exhibit "D"
PROPOSED JURY INSTRUCTION NO. 4 (UNDISPUTED)
Breach of Contract - Introduction
Brickhouse Inspectionsclaims that the Insured, Latoya Ward, and Citizens entered into a
written contract forhomeowners' insurance. Additionally,Brickhouse Inspectionentered into a
contract with Latoya Ward called an Assignment of Benefits that authorized direct payment and
benefits,and proceeds to the Plaintiff in exchange
assignment of their property insurance rights,
for their services on the Insured's home.
Brickhouse Inspectionclaims that Citizens breached this contract by not making payments
for the services rendered at the Insured's Property associated with the accidental discharge or
overflow of water insurance claim and that the breach resulted in damages to Brickhouse
Inspections.
Citizens denies it breached the contract.
GIVEN
REFUSED
MODIFIED
WITHDRAWN
Authority:Florida Standard Jury Instruction 416.1 (Contractsand Business Cases)
Exhibit "D"
PROPOSED JURY INSTRUCTION NO. 5 (UNDISPUTED)
Breach of Contract - Essential Factual Elements
To recover damages from Citizens for breach of contract, Brickhouse Inspectionmust
prove all ofthe following:
1. Brickhouse Inspectionand Citizens entered into an insurance contract.
2. Brickhouse Inspectiondid all,or substantially all,of the essential thingswhich the
insurance contract requiredit to do or they were excused from doing those things;
3. All conditions requiredby the contract for Brickhouse Inspection's
performance
had occurred;
4. Citizens failed to pay Brickhouse Inspection for their damages, which the insurance
contract requiredit to do; and
5. Brickhouse Inspectionwas harmed by that failure.
GIVEN
REFUSED
MODIFIED
WITHDRAWN
Authority:Florida Standard Jury Instruction 416.4 (Contracts and Business Cases)
Exhibit "D"
PROPOSED JURY INSTRUCTION NO. 6 (UNDISPUTED)
Breach of Contract - Burden of Proof (Generallv)
If the greater weight of the evidence supports Brickhouse Inspection'sclaim, your verdict
should be for Brickhouse Inspectionand againstCitizens.
However, if the greater weight of the evidence does not support Brickhouse Inspection's
claim, then your verdict should be for Citizens.
GIVEN
REFUSED
MODIFIED
WITHDRAWN
Exhibit "D"
PROPOSED JURY INSTRUCTION NO. 6 (UNDISPUTED)
Breach of Contract - Burden of Proof (Coverage)
Brickhouse Inspectionsbears the burden of proving that its claim is covered by the
insurance contract issued by Citizens. Brickhouse Inspectionsmust prove that the property
suffered a physicalloss within the Policy'seffective dates of coverage.
GIVEN
REFUSED
MODIFIED
WITHDRAWN
Authority:LaFarge Corp. Travelers Indem. Co., 118 F.3d 1511, 1516 (llth Cir. 1997)
Exhibit "D"
PROPOSED JURY INSTRUCTION NO. 7 (UNDISPUTED)
Breach of Contract - Burden of Proof (Exclusion)
If Brickhouse Inspectionsis able to prove that their claim is covered by the insurance
contract, the burden shifts to Citizens to prove an exclusion to coverage under the insurance
contract.
It is Citizens' burden to establish that the damage at issue falls within any exclusions in the
insurance contract.
GIVEN
REFUSED
MODIFIED
WITHDRAWN
Authority:LaFarge Corp. v. Travelers Indem. Co., 118 F.3d 1511, 1516 (llth Cir.1997);E. Fla.
Hauling,Inc. v. Lexington Ins. Co., 913 So.2d 673, 678 (Fla.3dDCA.2005); Divine Motel Group,
LLC v. Rockhill Ins. Co., 2015 WL 4095449 (M.D. Fla. 2015).
Exhibit "D"
PROPOSED JURY INSTRUCTION NO. 8 (UNDISPUTED)
Breach of Contract - Burden of Proof (Affirmative Defense)
Citizens bears the burden of proving that: (i)Brickhouse Inspection'srightto recovery is
subjectto, or limited by, existing
terms, limitations, conditions,exclusions,and endorsements of
the subjectpolicy.
GIVEN
REFUSED
MODIFIED
WITHDRAWN
Authority:Subject Insurance Contract
Exhibit "D"
PROPOSED JURY INSTRUCTION NO. 9 (UNDISPUTED)
Breach of Contract - Burden of Proof (Affirmative Defense)
Citizens bears the burden of proving that: (i)Brickhouse Inspection'sclaim is barred
because the damages claimed are excluded under the policy and that there was no perilcreated
opening.
GIVEN
REFUSED
MODIFIED
WITHDRAWN
Authority:Subject Insurance Contract
Exhibit "D"
PROPOSED JURY INSTRUCTION NO. 10 (UNDISPUTED)
Introduction to Contract Damages
If you find for Citizens,you will not consider the matter of damages.
But, if you find for Brickhouse Inspection, you should award them an amount of money
that the greater weight o f the evidence shows will fairlyand adequately compensate Brickhouse
Inspectionsthe damages.
GIVEN
REFUSED
MODIFIED
WITHDRAWN
Authority:Florida Standard Jury Instruction 504.1 (Contractsand Business Cases)
Exhibit "D"
PROPOSED JURY INSTRUCTION NO. 11 (UNDISPUTED)
Breach of Contract Damages
Compensatory damages:
Compensatory damages is that amount of money which will put Brickhouse Inspectionin
as good a positionas they would have been if Citizens had not breached the contract and which
naturallyresult from the breach.
GIVEN
REFUSED
MODIFIED
WITHDRAWN
Authority:Florida Standard Jury Instruction 504.2 (Contractsand Business Cases)
Exhibit "D"
PROPOSED JURY INSTRUCTION NO. 12 (UNDISPUTED)
Consideration of Direct and Circumstantial Evidence; Argument of Counsel; Comments bv
Court
As I said before, you must consider only the evidence that I have admitted in the case.
Evidence includes the testimony ofwitnesses and the exhibits admitted. But, anythingthe lawyers
say is not evidence and isn't binding on you.
You shouldn't assume from anything I've said that I have any opinion about any factual
issue in this case. Except for myinstructions to you on the law, you should disregardanything I
may have said duringthe trial in arrivingat your own decision about the facts.
Your own recollection and interpretation
of the evidence is what matters.
In consideringthe evidence you may use reasoningand common sense to make deductions
and reach conclusions. You shouldn't be concerned about whether the evidence is direct or
circumstantial.
"Direct evidence" is the testimony of a person who asserts that he or she has actual
knowledge of a fact,such as an eyewitness.
"Circumstantial evidence" is proof of a chain of facts and circumstances that tend to prove
or disprove a fact. There'sno legal difference in the weight you may give to either direct or
circumstantial evidence.
GIVEN
REFUSED
MODIFIED
WITHDRAWN
Authority:Eleventh Circuit Civil Pattern Jury Instruction 3.3 (2020)
Exhibit "D"
PROPOSED JURY INSTRUCTION NO. 13 (UNDISPUTED)
Credibility of Witnesses
When say you must consider all the evidence, I don't mean that you must accept all the
I
evidence as true or accurate. You should decide whether you believe what each witness had to say,
and how importantthat testimonywas. making that decision you may believe or disbelieve any
In
witness, in whole or in part. The number of witnesses testifyingconcerning a particularpoint
doesn't necessarilymatter.
To decide whether you believe any witness I suggest that you ask yourselfa few questions:
1. Did the witness impress you as one who was telling
the truth?
2. Did the witness have any particular
reason not to tell the truth?
3 Did the witness have a personalinterest in the outcome o f the case?
4. Did the witness seem to have a goodmemory?
5. Did the witness have the opportunityand ability
to accuratelyobserve the thingshe
or she testified about?
6. Did the witness appear to understand the questions clearly and answer them
directly?
7. Did the witness's testimony differ from other testimony or other evidence?
GIVEN
REFUSED
MODIFIED
WITHDRAWN
Authority:Eleventh Circuit Civil Pattern Jury Instruction 3.4 (2020)
Exhibit "D"
PROPOSED JURY INSTRUCTION NO. 14 (UNDISPUTED)
Impeachment of Witnesses; Inconsistent Statements and Felonv Conviction
You should also ask yourselfwhether there was evidence that a witness testified falsely
about an importantfact. And ask whether there was evidence that at some other time a witness
said or did something, or didn't say or do something, that was different from the testimony the
witness gave during this trial.
To decide whether you believe a witness, you may consider the fact that the witness has
been convicted of a felonyor a crime involvingdishonestyor a false statement.
But keep in mind that a simple mistake doesn't mean a witness wasn't telling the truth as
he or she remembers it.People naturallytend to forgetsome thingsor remember them inaccurately.
So, if a witness misstated something, you must decide whether it was because of an innocent lapse
in memory or an intentional deception.The significance of your decision may depend on whether
the misstatement is about an importantfact or about an unimportantdetail.
GIVEN
REFUSED
MODIFIED
WITHDRAWN
Authority:Eleventh Circuit Civil Pattern Jury Instruction 3.5.2 (2020)
Exhibit "D"
PROPOSED JURY INSTRUCTION NO. 15 (UNDISPUTED)
Jurv Questions
you may submit questionsto a
During this trial, witness after the lawyers have finished
their own questioning.Here is how the procedure works: and the
After each witness has testified,
lawyers have asked all of their questions,I'll ask if any of you have questions.If you have a
question,write it down and give it to the court sta.
You may submit a questionfor a witness only to clarifyan answer or to help you understand
the evidence. Our experiencewith jurorquestionsindicates that jurorsrarelyhave more than a few
questionsfor any one witness, and there may be no questionsat all for some witnesses. If you
submit a question,the court staff will give it to me and I'll share your questionswith the lawyers
in the case.
Ifthe rules of evidence allow your question,one ofthe lawyers or I will read your question
to the witness. I may modify the form or phrasing of a question so that it's allowed under the
evidence
Preview
Filing# 142208441 E-Filed 01/19/2022 08:54:16 AM IN THE COUNTY COURT OF THE 17TH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA BRICKHOUSE INSPECTIONS, INC., (A/A/O LATOYA WARD), Plaintiff, Case No.: COSO-21-001383 VS. CITIZENS PROPERTY INSURANCE CORPORATION, Defendant. 1 JOINT PRETRIAL STIPULATION The Parties hereby file their Joint Pretrial pursuant to the Court' s Uniform Stipulation Pretrial Order and state as follows: 1. Statement of Facts: Plaintiff filed its one count for breach of contract action based upon an after-loss assignment of insurance proceeds by Latoya Ward (the"Insured").The Insured and Defendant had a policy of insurance, Policy No. 04026325 (the "Policy"),for the property located 3 52 1 NW 17 th Street,Lauderhill, FL 33311 (theProperty"),which afforded various types of coverage. On or about November 8,2020, it was reportedthat the Property sustained damages from an accidental dischargeor overflow ofwater (the"Loss"). Defendant assignedclaim number 001-00-252192 to the Loss. 2. StipulatedFacts: a) That this Court has jurisdiction. b) That venue is proper. c) The Property is located at 3521 NW 17th Street,Lauderhill, FL 33311. d) Defendant issued policy number 04026325. e) Plaintiff and the Insured signed a valid Assignment of Benefits. *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 01/19/2022 08:54:15 AM.**** f) The Policy was in effect on the allegeddate of loss. g) Defendant issued claim number 001-00-252192 for the allegedloss reportedby or on behalf of the Insured. 3. Statement of Disputed Law & Fact: a) The Loss is a covered loss under the Policy. b) Whether the Defendant breached the insurance policy. 4. Exhibit Lists: a) The Plaintiff' s Exhibit list is attached as Exhibit A. b) The Defendant's Exhibit List is attached as Exhibit B. 5. Witness List: a) The Plaintiff' s Witness list is attached as Exhibit A. b) The Defendant's Witness List is attached as Exhibit C. 6. Jury Instructions: Plaintiffs proposed Jury Instructions are attached as Exhibit D. Defendant' s Proposed Jury Instructions are attached as Exhibit E. 7. Verdict Form: Plaintiff' s proposed verdict form is attached as Exhibit F. Defendant' s proposed verdict form is attached as Exhibit E. 8. Peremptory challenge:Three (3) for each side. 9. Pending Motion: a) Defendant's Motion to Compel Discovery Responses. b) Defendant' s Motion for Summary Judgment. c) Plaintiff s and Defendant's Motions in Limine. 10. Length of Jury Trial Estimate: Three (3)days. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoingwas filed using the Florida Courts e-FilingPortal,to All Counsel of Record on January 19,2022. Manny M. Tarich /s/ /s/Rachel H. Minetree Manny M. Tarich, Esq. Rachel H. Minetree Florida Bar No.: 654876 Florida bar No. 0519774 THE TARICH LAW FIRM, P.A. Conroy Simberg 1946 Tyler Street 3440 Hollywood Blvd., Second Floor Hollywood, FL 33020 Hollywood, FL 33021 Telephone: (305) 503-5095 Telephone: 954-961-1400 Facsimile: (866) 858-1226 Facsimile: 954-967-8577 Attorneyfor Plaintiff Attorneyfor Defendant Manny@tarichlaw.com minetree@conroysimberg.com Hannah*arichlaw.com Exhibit ?A? IN THE COUNTY COURT OF THE 17TH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA BRICKHOUSE INSPECTIONS, INC., (A/NO LATOYA WARD), Plaintiff. Case No.: COSO-21-001383 VS. CITIZENS PROPERTY INSURANCE CORPORATION, Defendant. i PLAINTIFF'S WITNESS AND EXHIBIT LIST Brickhouse InspectionsInc. (a/a/oLatoya Ward), by and through the undersigned Plaintiff, counsel hereby discloses its Expert Witness and Exhibit List. Witness List 1. Pacey L*kind Brickhouse InspectionsInc. 16710 NE *th Ave #706 North Miami, Brach Fl 33162 2. All witnesses deposed in this case. 3. All witnesses for impeachment and rebuttal purposes. 4. All witnesses listed by Defendant. 5. All records custodian of all documents, videos,photographs,records,and other materials exchanged in discovery. 6. All expert witnesses, unknown at this time, anmes to be provided at least five (5) days before trial. Exhibit "A ,, 7. Plaintiff reserves the rightto supplement and/or amend its witness list with reasonable notice to Defendant. Exhibit List 1. Inc. 's assignmentof Benefits contract with the Insured. Brickhouse Inspections 2. Brickhouse InspectionInc.'s Invoice. 3. Copies of all photographs taken by Brickhouse InspectionsInc. 4. Copies of any reports, photographs taken by, or documents or treatisises relied upon by Plaintiff's expert(s). 5. Copies of any reports from, photographs taken by, or documents or treatises relied upon by Defendant's expert(s). 6. Copies of any statements from Plaintiff. 7. Copies of any statements from Defendant. 8. Any and all correspondence pertainingto Plaintiffs claim, between Plaintiff and Defendant. 9. and estimates providedby Defendant. Copies ofphotographs,descriptions 10. of all witnesses with Deposition transcripts all exhibits. 11. Any and all Answers to Interrogatories, filed by Plaintiff or Defendant in this matter. 12. Any and all Responses to all Requests for Production, filed by Plaintiff or Defendant in this matter. 13. Any and all Responses to all Requests for Production, filed by Plaintiff or Defendant, along with all documents responsiveto same. 14. Any and all documents, relied upon by and/or experts, agents, representatives, anyone else in this action. Exhibit ?A? 15. Any and all professionallicensing, and business licensingregardingany certifications, and all witnesses listed by Plaintiff and Defendant. 16. Any and all exhibits listed by any other parties. 17. Certified copy of insured's insurance policyof Defendant. 18. Plaintiff reserves the rightto supplement and/or amend its exhibit list with reasonable notice to Defendant. CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 19? 'th day of January 2022 a true and correct copy ofthe foregoingwas filed using the Florida Courts e-FilingPortal,to All Counsel of Record. /sl Mannv M. Tarich Manny M. Tarich, Esq. Florida Bar No.. 654876 THE TARICH LAW FIRM, P.A. 1946 Tyler Street Hollywood, FL 33020 Telephone: (305) 503-5095 Facsimile: (866) 858-1226 Attorneyfor Plaintiff Manny@tarichlaw.com Exhibit "B" 2148278 IN THE COUNTY COURT OF THE 17TH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CASE NO. COSO-21-001383 BRICKHOUSE INSPECTIONS, INC., a/a/o LATOYA WARD, Plaintiff, V CITIZENS PROPERTY INSURANCE CORPORATION, Defendant. i DEFENDANT'S EXHIBIT LIST Defendant, CITIZENS PROPERTY INSURANCE CORPORATION, hereby files its Exhibit List,as follows: 1. Policy of Insurance issued by Citizens Property Insurance Corporationto Latoya Ward, Policy Number 04026325. 2. All correspondencebetween Citizens and the insureds and/or their representatives. 3. Any and all contracts between the insureds and any companies for services rendered related to the loss. 4. Any and all invoices from companies for service rendered related to the loss. 5. Photographs taken by Defendant of the loss. 6. Any and all reports, photographsand/or videos from Defendant's experts. 7. Photographs taken on behalf of Plaintiff. 8 Estimate/ invoices prepared on behalf of Plaintiff. Exhibit "B" CASE NO. COSO-21-001383 9. Any and all discoveryresponses between the parties with supplements. 10. All correspondencesbetween the partiesand/or their agents. 11. Any and all exhibits listed by the Plaintiff. 12. Any and all documents produced by non-parties. 13. Any and all with depositiontranscripts exhibits. 14. Any and all documents produced or divulgedpriorto trial. 15. Any and all demonstrative aids and/or blow-ups. 16. Defendant reserves the rightto amend this Exhibit List CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy hereof has been served on all Counsel of Record via the .th Florida E-FilingPortal this 19? day of January 2022. CONROY SIMBERG Attorney for Defendant, Citizens Property Insurance Corporation 5201 Blue Lagoon Drive, Office Number 925 Miami, FL 33126 Telephone: (305) 373-2888 Facsimile: (954) 967-8577 Primary Email: eservicemiapip@conroysimberg.com Secondary Email: eservicemiapip@conroysimberg.com By: /s/ Rachel H. Minetree Rachel H. Minetree, Esquire Florida Bar No. 0519774 2 Exhibit "C" 2148278 IN THE COUNTY COURT OF THE 17TH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CASE NO. COSO-21-001383 BRICKHOUSE INSPECTIONS, INC., a/a/o LATOYA WARD, Plaintiff, V CITIZENS PROPERTY INSURANCE CORPORATION, Defendant. i DEFENDANT'S TRIAL WITNESS LIST Defendant, CITIZENS PROPERTY INSURANCE CORPORATION, by and through their undersignedcounsel submits the following: 1. CorporateRepresentative Citizens Property Insurance Corporation .th 301 West Bay Street,13' Floor Jacksonville,Florida 32202 2. Corporate Representative Brickhouse Inspections 16710 NE 9? ,th Ave. #706 North Miami Beach, FL 33162 3. Latoya Ward and Eric Maurice Seay Exhibit "C" CASE NO. COSO-21-001383 3 521 NW 1 7 ,th St. Lauderhill,FL 33311 4. Alan Grand Florida Public Adjusting 2206 Hollywood Blvd. Hollywood, FL 33020 5. Barry Denny Citizens Property Insurance Corporation .th 301 West Bay Street, 13' Floor Jacksonville,Florida 32202 6. All records custodian for non-partieswho produced records in this suit. 7. All witnesses on Plaintiff's Witness List. 8. All rebuttal witnesses. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy hereof has been served on all Counsel of Record via the .th Florida E-FilingPortal this 19? day of January 2022. CONROY SIMBERG Attorney for Defendant, Citizens Property Insurance Corporation 5201 Blue Lagoon Drive, Office Number 925 Miami, FL 33126 Telephone: (305) 373-2888 Facsimile: (954) 967-8577 Primary Email: eservicemiapip@conroysimberg.com Secondary Email: eservicemiapip@conroysimberg.com By: /s/ Rachel H. Minetree Rachel H. Minetree, Esquire Florida Bar No. 0519774 2 Exhibit "D" IN THE COUNTY COURT OF THE 17TH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA BRICKHOUSE INSPECTIONS, INC., (A/NO LATOYA WARD), Plaintiff, Case No.: COSO-21-001383 VS. CITIZENS PROPERTY INSURANCE CORPORATION, Defendant. i PROPOSED JURY INSTRUCTIONS PROPOSED JURY INSTRUCTION NO. 1 (UNDISPUTED) Oath of Jurors Prior to Voir Dire Do you solemnly swear or affirm that you will answer truthfully all questionsasked ofyou as prospectivejurors? Do you solemnly swear or affirm that you will well and truly try this case between Brickhouse Inspections, Inc. (a/a/oLatoya Ward) and Citizens Property Insurance Corporation, and a true verdict render accordingto the law and evidence? GIVEN REFUSED MODIFIED WITHDRAWN Authority:Florida Standard Jury Instructions 101.1 and 101.2. Exhibit "D" PROPOSED JURY INSTRUCTION NO. 2 (UNDISPUTED) Introduction of Participants and Their Roles Who are the people here and what do they do? am the Judge.You may hear people occasionallyrefer to me as "The Court." Judge/Court:I That is the formal name for my role. My job is to maintain order and decide how to apply the rules of the law to the trial. I will also explainvarious rules to you that you will need to know in order to do your job as the jury.It is my job to remain neutral on the issues of this lawsuit. Parties: A party who files a lawsuit is called the Plaintiff. A party that is sued is called the Defendant. In this case, Brickhouse Inspections, and Citizens is the Defendant. Inc. is the Plaintiff, Attorneys: The attorneys have the job of representingtheir clients. That means they speak for their client here at the trial. They have taken oaths as attorneys to do their best and to follow the rules for their profession. Plaintiff' s Counsel: The attorney on this side of the courtroom, Manny Tarich, represents the Plaintiff,Brickhouse Inspections,Inc. Brickhouse Inspections,Inc is a mitigationcompany is who filed the lawsuit as an assigneeof the Insured, Sherry Weiser, here at the courthouse. This job is to present Brickhouse Inspections, attorney's Inc. side ofthingsto you. Mr. Tarich, will you pleaseintroduce who is sitting at the table with you? [Introductionof Persons at Plaintiff's Table] Defendant's Counsel: The attorneys on this side of the courtroom, [introduceby name], represent the Defendant, Citizens Property Insurance Corporation.These attorneys'job is to present the Defendant's side ofthingsto you. [Attorney'sname], will you pleaseintroduce who is at the table with you? sitting of Persons [Introduction at Defense Table] Court Clerk This person sitting in front of me, [Clerk'sNamel, is the court clerk. [Hel [She] is here to assist me with some ofthe mechanics ofthe trial process, includingthe numbering and collection of the exhibits that are introduced in the course of the trial. Court Reporter: The person sittinghere, [Name] is the court reporter. [His] [Her] job is to keep an accurate legalrecord of everythingwe say and do duringthis trial. [Bailiff/Courtroom Security Deputy]: The person over there, [Name], is the [bailiff] [courtroom securitydeputy].[His] [Her] job is to maintain order and securityin the courtroom. The bailiff is also to the jury.Anything you need or any problems that come up my representative for you should be brought to [himl [herl.However, the bailiff cannot duringthe course of the trial answer any of your questionsabout the case. Only I can do that. Exhibit "D" Jwx: Last, but not least,is the jury,which we will begin to select in a few moments from among all of you. The jury'sjob will be to decide what the facts are and what the facts mean. Jurors should be as neutral as possibleat this point and have no fixed opinion about the lawsuit. there are rules that all jurorsmust follow. In order to have a fair and lawful trial, A basic rule is that jurorsmust decide the case only on the evidence presentedin the courtroom. You must not communicate with anyone, includingfriends and family members, about this case, the people and places involved, or your jury service. You must not disclose your thoughts about this case or ask for advice on how to decide this case. I want to stress that this rule means you must not use electronic devices or computers to communicate about this case, includingtweeting,texting, blogging,e-mailing, postinginformation on a website or chat room, or any other means at all. Do not send or accept any messages to or from anyone about this case or your jury service. You must not do any research or look up words, names, maps, or anything else that may have anythingto do with this case. This includes readingnewspapers, watching television or using a computer, cell phone, the Internet, any electronic device, or any other means at all,to get information related to this case or the people and places involved in this case. This applieswhether you are in the courthouse, at home, or anywhere else. You cannot have any cell phones, tablets,laptops,or other electronic devices in the courtroom. You may use these devices duringrecesses, but even then,you may not use your cell phone or electronic device to find out any information about the case or communicate with anyone about the case or the people involved in the case. Do not take photographs, video recordingsor audio recordingsof the proceedings or your fellow jurors.At the end of the case, while you are you must not communicate with anyone outside the jury room. If someone needs to deliberating, contact you in an emergency, the court can receive messages and deliver them to you without delay.A contact phone number will be provided to you. What are the reasons for these rules? These rules are imposed because jurorsmust decide the case without distraction and only on the evidence presented in the courtroom. If you research, or make inquiries investigate, on your own outside of the courtroom, the trial judge has no way to make sure that the information you obtain is proper for the case. The partieslikewise have no opportunityto disputeor challengethe accuracy of what you find. That is contrary to our judicialsystem, which assures every party the rightto ask questions about and challenge the evidence being considered againstit and to present argument with respect to that evidence. Any independentinvestigation by a jurorunfairlyand improperlyprevents the partiesfrom having that opportunityour judicialsystem promises. Any jurorwho violates these restrictions jeopardizesthe fairness ofthese proceedings,and a mistrial could result that would requirethe entire trial process to start over. A mistrial is a tremendous expense and inconvenience to the parties, the court, and the taxpayers. If you violate these rules,you may be held in contempt of court, and face sanctions,such as servingtime in jail, paying a fine or both. Exhibit "D" All ofyour communications with courtroom personnel,or me, will be part ofthe record of these proceedings.That means those communications shall either be made in open court with the court reporter present or, ifthey are in writing,the writingwill be filed with the court clerk. I have instructed the courtroom personnel that any communications you have with them outside of my presence must be reported to me, and I will tell the partiesand their attorneys about any communication from you that I believe may be of interest to the partiesand their attorneys. However, you may communicate directlywith courtroom personnel about matters concerning your comfort and safety,such as jurorparking,location of break areas, how and when to assemble for duty,dress,what personalitems can be brought into the courthouse or jury room, list any other types ofroutine exparte communications permitted. The attorneys partiesare being instructed NOT to talk to you in any manner outside for both the courtroom, so please do not be offended when they ignore you. They are merely following instructions. If you become aware of any violation of these instructions or any other instruction I give in this case, you must tell me by giving a note to the bailiff. GIVEN REFUSED MODIFIED WITHDRAWN Authority:Florida Standard Jury Instruction 201.2. Exhibit "D" PROPOSED JURY INSTRUCTION NO. 3 (UNDISPUTED) Preliminarv Instructions Before Trial [To be given after jury is sworn: I Members of the Jury Now that you've been sworn, I need to explainsome basic principlesabout a civil trial and your duty as jurors.These are preliminaryinstructions. I'll give you more detailed instructions at the end of the trial. The jury'sduty your duty to listen to the evidence, decide what happened, and apply the law to the It's my job to provide you with the law you must apply---andyou must follow the law even facts. It's if you disagreewith it. What is evidence: You must decide the case on only the evidence presentedin the courtroom. Evidence comes in many forms. It canbe testimony about what someone saw, heard, or smelled. It can be an exhibit or a photograph.It can be someone's opinion. Some evidence may prove Let's say a witness saw wet grass outside and a fact indirectly. people walking into the courthouse carryingwet umbrellas. This may be indirect evidence that it rained, even though the witness didn't personallysee it rain. Indirect evidence like this is also called "circumstantial evidence"--simplya chain of circumstances that likelyproves a fact. As far as the law is concerned, it makes no difference whether evidence is direct or indirect. You may choose to believe or disbelieve either kind. Your job is to give each piece of evidence whatever weight you think it deserves. What is not evidence: you'llhear certain thingsthat are not evidence and you must not consider During the trial, them as evidence. First,the lawyers'statements and arguments aren't evidence. In their opening statements and closingarguments, the lawyers will discuss the case. Their remarks may help you follow each side's arguments and presentationof evidence. But the remarks themselves aren't evidence and shouldn't play a role in your deliberations. Second, the lawyers'questionsand objectionsaren't evidence. Only the witnesses' answers are evidence. Don't decide that something is true justbecause a lawyer'squestionsuggests that it Exhibit "D" For example, a lawyer may ask a witness,"You saw Mr. Jones hit his sister, is. didn't you?" That questionis not evidence ofwhat the witness saw or what Mr. Jones did-unless the witness agrees with it. There are rules of evidence that control what the court can receive into evidence. When a lawyer asks a witness a questionor presents an exhibit,the opposing lawyer may objectif [he/she] then the witness may answer thinks the rules ofevidence don't permitit.If I overrule the objection, then the witness cannot the questionor the court may receive the exhibit. If I sustain the objection, answer the question,and the court cannot receive the exhibit. When I sustain an objectionto a question,you must ignore the question and not guess what the answer might have been. Sometimes disallow evidence-this is also called "striking" I may evidence-and order you to disregardor ignore it. That means that you must not consider that evidence when you are decidingthe case. I may allow some evidence for only a limited purpose. When I instruct you that I have admitted an item of evidence for a limited purpose, you must consider it for only that purpose and no other. ofwitnesses: Credibility To reach a verdict,you may have to decide which testimonyto believe and which testimony not to believe. You may believe everythinga witness says, part of it,or none of it. When consideringa witness's testimony,you may take into account: e the witness's opportunityand abilityto see, hear, or know the things the witness is about; testifying e the witness's memory; e the witness's manner while testifying; e interest the witness has in the outcome of the case; any e any bias or prejudicethe witness may have; o any other evidence that contradicts the witness'stestimony; I the reasonableness ofthe witness's testimony in lightof all the evidence; and o any other factors affectingbelievability. Descriptionof case: a civil case upon an after loss assignment of insurance proceeds by Latoya Ward This is (the "Insured").The Insured's Property sustained damages from an accidental discharge or overflow of water located at 3521 NW 17 th Street,Lauderhill, FL 33311 (the Property").The Insured and the Plaintiff signed an Assignment of Benefits. Plaintiffprovided the necessary services for the Insured and in exchange, the Insured authorized direct payment and assignment their property insurance rights, benefits,and proceeds to the Plaintiff through the Assignment of Benefits. The Insured is entitled to insurance benefits for the damage that was sustained under the Policy and now so does the Plaintiff as the assignee. Exhibit "D" Citizens contends no insurance proceeds are owed to Plaintiffbecause the damages claimed are not covered under the Policy. Conduct of thejury: While servingon the jury,you may not talk with anyone about anythingrelated to the case. You may tell people that you are a juror and give them information about when you must be in court. But you must not discuss anything about the case itself with anyone. You shouldn'teven talk about the case with each other until you begin your deliberations. You want to make sure you've heard everything-allthe evidence,the lawyers'closingarguments, and my instructions You should keep an open mind on the law--before you begin deliberating. until the end of the trial. Premature discussions may lead to a premature decision. In this age of technology, I want to emphasize that in addition to not talkingface-to-face with anyone about the case, you must not communicate with anyone about the case by any other means. This includes e-mails, text messages, phone calls and the Internet, including social- networkingwebsites such as Facebook, Instagram,Snapchat,YouTube, and Twitter. You may not use any similar technology of social media, even if I have not specifically mentioned it here. You must not provide any information about the case to anyone by any means whatsoever, and that includes posting information about the case, or what you are doing in the case, on any device or Internet site,includingblogs,chat rooms, social websites, or any other means. You also shouldn't Google or search online or offline for any information about the case, the parties,or the law. Don't read or listen to news about this case, visit any places related to this case, or research any fact,issue,or law related to this case. The law forbids the jurorsto talk with anyone else about the case and forbids anyone else to talk to the jurorsabout it. It's very important that you understand why these rules exist and why they'reso important.You must base your decision only on the testimony and other evidence presentedin the courtroom. It is not fair to the partiesif you base your decision in any way on information you acquire outside the courtroom. For example, the law often uses words and phrases in specialways, so it's important that any definitions you hear come only from me and not from any other source. Only you jurorscan decide a verdict in this case. The law sees only you as fair,and only you have promised to be fair-no one else is so qualified. Taking notes: If you wish,you may take notes to help you remember what the witnesses said. If you do take notes, pleasedon't share them with anyone until you go to the jury room to decide the case. Don't let note-takingdistract you from carefullylisteningto and observingthe witnesses. When you leave the courtroom, you should leave your notes hidden from view in the jury room. Whether or not you take notes, you should rely on your own memory of the testimony. Your notesare there only to help your memory. They're not entitled to greater weight than your memory or impressionabout the testimony. Exhibit "D" Course ofthe trial: walk through the trial. First,each side may make an opening statement, but they don't Let's have Remember, an opening statement isn't evidence, and it's not supposed to be to. argumentative;it's justan outline of what that party intends to prove. Next, Brickhouse Inspectionwill present their witnesses and ask them questions.After Brickhouse Inspectionquestions the witness, Citizens may ask the witness questions-this is called "cross-examining" the witness. Then Citizens will present its witnesses, and Brickhouse Inspectionmay cross-examine them. You should base your decisions in this case on all the evidence, regardlessofwhich party presentedit. After allthe evidence is in, the parties'lawyers will present their closingarguments to summarize and the evidence for you, and then I'll give you instructions on the law. interpret You'll then go to the jury room to deliberate. GIVEN REFUSED MODIFIED WITHDRAWN Authority:Eleventh Circuit Civil Pattern Jury Instruction 1.1 (2020). Exhibit "D" PROPOSED JURY INSTRUCTION NO. 4 (UNDISPUTED) Breach of Contract - Introduction Brickhouse Inspectionsclaims that the Insured, Latoya Ward, and Citizens entered into a written contract forhomeowners' insurance. Additionally,Brickhouse Inspectionentered into a contract with Latoya Ward called an Assignment of Benefits that authorized direct payment and benefits,and proceeds to the Plaintiff in exchange assignment of their property insurance rights, for their services on the Insured's home. Brickhouse Inspectionclaims that Citizens breached this contract by not making payments for the services rendered at the Insured's Property associated with the accidental discharge or overflow of water insurance claim and that the breach resulted in damages to Brickhouse Inspections. Citizens denies it breached the contract. GIVEN REFUSED MODIFIED WITHDRAWN Authority:Florida Standard Jury Instruction 416.1 (Contractsand Business Cases) Exhibit "D" PROPOSED JURY INSTRUCTION NO. 5 (UNDISPUTED) Breach of Contract - Essential Factual Elements To recover damages from Citizens for breach of contract, Brickhouse Inspectionmust prove all ofthe following: 1. Brickhouse Inspectionand Citizens entered into an insurance contract. 2. Brickhouse Inspectiondid all,or substantially all,of the essential thingswhich the insurance contract requiredit to do or they were excused from doing those things; 3. All conditions requiredby the contract for Brickhouse Inspection's performance had occurred; 4. Citizens failed to pay Brickhouse Inspection for their damages, which the insurance contract requiredit to do; and 5. Brickhouse Inspectionwas harmed by that failure. GIVEN REFUSED MODIFIED WITHDRAWN Authority:Florida Standard Jury Instruction 416.4 (Contracts and Business Cases) Exhibit "D" PROPOSED JURY INSTRUCTION NO. 6 (UNDISPUTED) Breach of Contract - Burden of Proof (Generallv) If the greater weight of the evidence supports Brickhouse Inspection'sclaim, your verdict should be for Brickhouse Inspectionand againstCitizens. However, if the greater weight of the evidence does not support Brickhouse Inspection's claim, then your verdict should be for Citizens. GIVEN REFUSED MODIFIED WITHDRAWN Exhibit "D" PROPOSED JURY INSTRUCTION NO. 6 (UNDISPUTED) Breach of Contract - Burden of Proof (Coverage) Brickhouse Inspectionsbears the burden of proving that its claim is covered by the insurance contract issued by Citizens. Brickhouse Inspectionsmust prove that the property suffered a physicalloss within the Policy'seffective dates of coverage. GIVEN REFUSED MODIFIED WITHDRAWN Authority:LaFarge Corp. Travelers Indem. Co., 118 F.3d 1511, 1516 (llth Cir. 1997) Exhibit "D" PROPOSED JURY INSTRUCTION NO. 7 (UNDISPUTED) Breach of Contract - Burden of Proof (Exclusion) If Brickhouse Inspectionsis able to prove that their claim is covered by the insurance contract, the burden shifts to Citizens to prove an exclusion to coverage under the insurance contract. It is Citizens' burden to establish that the damage at issue falls within any exclusions in the insurance contract. GIVEN REFUSED MODIFIED WITHDRAWN Authority:LaFarge Corp. v. Travelers Indem. Co., 118 F.3d 1511, 1516 (llth Cir.1997);E. Fla. Hauling,Inc. v. Lexington Ins. Co., 913 So.2d 673, 678 (Fla.3dDCA.2005); Divine Motel Group, LLC v. Rockhill Ins. Co., 2015 WL 4095449 (M.D. Fla. 2015). Exhibit "D" PROPOSED JURY INSTRUCTION NO. 8 (UNDISPUTED) Breach of Contract - Burden of Proof (Affirmative Defense) Citizens bears the burden of proving that: (i)Brickhouse Inspection'srightto recovery is subjectto, or limited by, existing terms, limitations, conditions,exclusions,and endorsements of the subjectpolicy. GIVEN REFUSED MODIFIED WITHDRAWN Authority:Subject Insurance Contract Exhibit "D" PROPOSED JURY INSTRUCTION NO. 9 (UNDISPUTED) Breach of Contract - Burden of Proof (Affirmative Defense) Citizens bears the burden of proving that: (i)Brickhouse Inspection'sclaim is barred because the damages claimed are excluded under the policy and that there was no perilcreated opening. GIVEN REFUSED MODIFIED WITHDRAWN Authority:Subject Insurance Contract Exhibit "D" PROPOSED JURY INSTRUCTION NO. 10 (UNDISPUTED) Introduction to Contract Damages If you find for Citizens,you will not consider the matter of damages. But, if you find for Brickhouse Inspection, you should award them an amount of money that the greater weight o f the evidence shows will fairlyand adequately compensate Brickhouse Inspectionsthe damages. GIVEN REFUSED MODIFIED WITHDRAWN Authority:Florida Standard Jury Instruction 504.1 (Contractsand Business Cases) Exhibit "D" PROPOSED JURY INSTRUCTION NO. 11 (UNDISPUTED) Breach of Contract Damages Compensatory damages: Compensatory damages is that amount of money which will put Brickhouse Inspectionin as good a positionas they would have been if Citizens had not breached the contract and which naturallyresult from the breach. GIVEN REFUSED MODIFIED WITHDRAWN Authority:Florida Standard Jury Instruction 504.2 (Contractsand Business Cases) Exhibit "D" PROPOSED JURY INSTRUCTION NO. 12 (UNDISPUTED) Consideration of Direct and Circumstantial Evidence; Argument of Counsel; Comments bv Court As I said before, you must consider only the evidence that I have admitted in the case. Evidence includes the testimony ofwitnesses and the exhibits admitted. But, anythingthe lawyers say is not evidence and isn't binding on you. You shouldn't assume from anything I've said that I have any opinion about any factual issue in this case. Except for myinstructions to you on the law, you should disregardanything I may have said duringthe trial in arrivingat your own decision about the facts. Your own recollection and interpretation of the evidence is what matters. In consideringthe evidence you may use reasoningand common sense to make deductions and reach conclusions. You shouldn't be concerned about whether the evidence is direct or circumstantial. "Direct evidence" is the testimony of a person who asserts that he or she has actual knowledge of a fact,such as an eyewitness. "Circumstantial evidence" is proof of a chain of facts and circumstances that tend to prove or disprove a fact. There'sno legal difference in the weight you may give to either direct or circumstantial evidence. GIVEN REFUSED MODIFIED WITHDRAWN Authority:Eleventh Circuit Civil Pattern Jury Instruction 3.3 (2020) Exhibit "D" PROPOSED JURY INSTRUCTION NO. 13 (UNDISPUTED) Credibility of Witnesses When say you must consider all the evidence, I don't mean that you must accept all the I evidence as true or accurate. You should decide whether you believe what each witness had to say, and how importantthat testimonywas. making that decision you may believe or disbelieve any In witness, in whole or in part. The number of witnesses testifyingconcerning a particularpoint doesn't necessarilymatter. To decide whether you believe any witness I suggest that you ask yourselfa few questions: 1. Did the witness impress you as one who was telling the truth? 2. Did the witness have any particular reason not to tell the truth? 3 Did the witness have a personalinterest in the outcome o f the case? 4. Did the witness seem to have a goodmemory? 5. Did the witness have the opportunityand ability to accuratelyobserve the thingshe or she testified about? 6. Did the witness appear to understand the questions clearly and answer them directly? 7. Did the witness's testimony differ from other testimony or other evidence? GIVEN REFUSED MODIFIED WITHDRAWN Authority:Eleventh Circuit Civil Pattern Jury Instruction 3.4 (2020) Exhibit "D" PROPOSED JURY INSTRUCTION NO. 14 (UNDISPUTED) Impeachment of Witnesses; Inconsistent Statements and Felonv Conviction You should also ask yourselfwhether there was evidence that a witness testified falsely about an importantfact. And ask whether there was evidence that at some other time a witness said or did something, or didn't say or do something, that was different from the testimony the witness gave during this trial. To decide whether you believe a witness, you may consider the fact that the witness has been convicted of a felonyor a crime involvingdishonestyor a false statement. But keep in mind that a simple mistake doesn't mean a witness wasn't telling the truth as he or she remembers it.People naturallytend to forgetsome thingsor remember them inaccurately. So, if a witness misstated something, you must decide whether it was because of an innocent lapse in memory or an intentional deception.The significance of your decision may depend on whether the misstatement is about an importantfact or about an unimportantdetail. GIVEN REFUSED MODIFIED WITHDRAWN Authority:Eleventh Circuit Civil Pattern Jury Instruction 3.5.2 (2020) Exhibit "D" PROPOSED JURY INSTRUCTION NO. 15 (UNDISPUTED) Jurv Questions you may submit questionsto a During this trial, witness after the lawyers have finished their own questioning.Here is how the procedure works: and the After each witness has testified, lawyers have asked all of their questions,I'll ask if any of you have questions.If you have a question,write it down and give it to the court sta. You may submit a questionfor a witness only to clarifyan answer or to help you understand the evidence. Our experiencewith jurorquestionsindicates that jurorsrarelyhave more than a few questionsfor any one witness, and there may be no questionsat all for some witnesses. If you submit a question,the court staff will give it to me and I'll share your questionswith the lawyers in the case. Ifthe rules of evidence allow your question,one ofthe lawyers or I will read your question to the witness. I may modify the form or phrasing of a question so that it's allowed under the evidence