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IN THE TWELFTH JUDICIAL CIRCUIT COURT
IN AND FOR SARASOTA COUNTY, FLORIDA
JACK KOWALSKI,
JACK KOWALSKI AND ON
BEHALF OF HIS CHILDREN MK A
MINOR,
JACK KOWALSKI AND ON
BEHALF OF HIS CHILDREN KK A
MINOR,
JACK KOWALSKI AND AS
PERSONAL REPRESENTATIVE OF
THE ESTATE OF BEATA
KOWALSKI DECEASED,
Plaintiff,
CASE NO. 2018 CA 005321 NC
v.
DIVISION C CIRCUIT
JOHNS HOPKINS ALL CHILDRENS
HOSPITAL INC,
SUNCOAST CENTER INC,
CATHERINE BEDY,
THE DEPARTMENT OF CHILDREN
AND FAMILIES AS THE
CUSTODIAN OF RECORDS,
SALLY M SMITH MD,
JOHNS HOPKINS HEALTH SYSTEM
CORPORATION INC,
Defendant.
_____________________________________
ORDER GRANTING IN PART, DENYING IN PART, AND RESERVING IN PART
DEFENDANTS JHACH AND BEDY’S
SUPPLEMNTAL OMNIBUS MOTION IN LIMINE
BEFORE THE COURT is Defendants JHACH and Catherine Bedy’s Supplemental
Motion in Limine [DIN 3214]. This Order follows the paragraphs of the motion.
1. Defendants seek to preclude the videos and photographs taken by Plaintiffs during
the April 21, 2023. To the extent those videos or photographs or both do not capture M.K. or her
family members in the images, the Court will deny the motion. To the extend that the videos or
photographs or both include M.K. or her family members in the images, the Court grants the
motion. To the extent there is only incidental inclusion of M.K. or her family members, such as
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Filed 08/21/2023 07:33 AM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL
in the reflection of a mirror or similar minor inclusion, the Court likely would deny the motion
and permit the image (assuming it is otherwise admissible). If there is a dispute whether one or
more images are incidental, the parties shall provide such image to the Court for review.
2. Defendants seek to preclude evidence, argument, or testimony surrounding the
Court’s Order and findings granting Plaintiffs leave to assert a claim for punitive damages.
Plaintiffs agreed. Accordingly, the Court grants the motion as to #2.
3. Defendants seek to preclude evidence, argument, or testimony that the abuse
hotline call on or about October 7 and 9, 2016 was improper, founded on or filled with lies, or is
otherwise the cause of damages sought by Plaintiffs. The Court reserves on this motion;
however, in thinking about it more, the Court is concerned that this motion is too broad.
Defendants may wish to be more precise with a future motion.
4. Defendants seek to preclude evidence, argument, or testimony that JHACH
Attorney Hunter argued or advocated by M.K. to remain at JHACH to the Dependency Court.
This request implicates the question of whether Attorney Hunter is a witness. Plaintiffs never
filed a motion to disqualify Attorney Hunter. The Court addressed a variant of this request in its
Order of March 30, 2020 [DIN 2582]. The obligation to approach the Court outside the presence
of the jury remains in effect before there can be any attempt to call Attorney Hunter as a witness.
Further, the Court directs that no party may make a statement that would have the effect
of implicating Attorney Hunter as a witness without prior Court approval. This specifically
includes statements attributable to Attorney Hunter in the Dependency Action. The Court
bolded those prior two sentences as that is further than what the Court ruled in open Court on
Friday.
5. Defendants seek to prohibit Plaintiffs, their counsel, and their witnesses from
attacking or denigrating Defense Counsel. The Court made clear in open Court on Friday, and
again makes clear in writing, that no attorney shall denigrate another attorney before the jury.
The Court will not hesitate to call out that improper conduct before the jury, swiftly and harshly.
6. Defendants seek to preclude evidence, argument, or testimony that JHACH was in
“defiance” of any court orders entered by the Dependency Court. The Court denies this motion
as too broad with leave to file more detailed requests.
7. Defendants seek to preclude Plaintiffs from referring to Tashawna Duncan, Ph.D.
as a “court appointed expert” by the Dependency Court. The Court directed the parties to provide
the Court by Friday, August 25, 2023, of any court orders or filings or both that support their
respective positions.
DONE AND ORDERED in Sarasota, Sarasota County, Florida, on August 21, 2023.
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HUNTER W CARROLL
Circuit Judge
SERVICE CERTIFICATE
On August 21, 2023, the Court caused the foregoing document to be served via the Clerk
of Court’s case management system, which served the following individuals via email (where
indicated). On the same date, the Court also served a copy of the foregoing document via First
Class U.S. Mail on the individuals who do not have an email address on file with the Clerk of
Court.
C HOWARD III HUNTER
HILL WARD & HENDERSON PA
P.O. BOX 2231
TAMPA, FL 33602
CHRIS WILLIAM ALTENBERND
801 E TWIGGS ST # 600
TAMPA, FL 33602
GREGORY ANDREW ANDERSON
ONE ENTERPRISE CTR
225 WATER ST STE 2100
JACKSONVILLE, FL 32202
NICHOLAS P WHITNEY
10751 DEERWOOD PARK BLVD STE 105
JACKSONVILLE, FL 32256
ETHEN R SHAPIRO
HILL WARD HENDERSON
P. O. BOX 2231
TAMPA, FL 33601
PATRICIA D CRAUWELS
1626 RINGLING BLVD STE 300
SARASOTA, FL 34236
DAVID W HUGHES
HILL WARD HENDERSON
P.O. BOX 2231
44601-2231, FL TAMPA
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Filed 08/21/2023 07:33 AM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL
TIMOTHY WAYNE WEBER
WEBER CRABB & WEIN PA
5453 CENTRAL AVENUE
ST PETERSBURG, FL 33710
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Filed 08/21/2023 07:33 AM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL
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IN THE TWELFTH JUDICIAL CIRCUIT COURT IN AND FOR SARASOTA COUNTY, FLORIDA JACK KOWALSKI, JACK KOWALSKI AND ON BEHALF OF HIS CHILDREN MK A MINOR, JACK KOWALSKI AND ON BEHALF OF HIS CHILDREN KK A MINOR, JACK KOWALSKI AND AS PERSONAL REPRESENTATIVE OF THE ESTATE OF BEATA KOWALSKI DECEASED, Plaintiff, CASE NO. 2018 CA 005321 NC v. DIVISION C CIRCUIT JOHNS HOPKINS ALL CHILDRENS HOSPITAL INC, SUNCOAST CENTER INC, CATHERINE BEDY, THE DEPARTMENT OF CHILDREN AND FAMILIES AS THE CUSTODIAN OF RECORDS, SALLY M SMITH MD, JOHNS HOPKINS HEALTH SYSTEM CORPORATION INC, Defendant. _____________________________________ ORDER GRANTING IN PART, DENYING IN PART, AND RESERVING IN PART DEFENDANTS JHACH AND BEDY’S SUPPLEMNTAL OMNIBUS MOTION IN LIMINE BEFORE THE COURT is Defendants JHACH and Catherine Bedy’s Supplemental Motion in Limine [DIN 3214]. This Order follows the paragraphs of the motion. 1. Defendants seek to preclude the videos and photographs taken by Plaintiffs during the April 21, 2023. To the extent those videos or photographs or both do not capture M.K. or her family members in the images, the Court will deny the motion. To the extend that the videos or photographs or both include M.K. or her family members in the images, the Court grants the motion. To the extent there is only incidental inclusion of M.K. or her family members, such as Page 1 of 4 Filed 08/21/2023 07:33 AM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL in the reflection of a mirror or similar minor inclusion, the Court likely would deny the motion and permit the image (assuming it is otherwise admissible). If there is a dispute whether one or more images are incidental, the parties shall provide such image to the Court for review. 2. Defendants seek to preclude evidence, argument, or testimony surrounding the Court’s Order and findings granting Plaintiffs leave to assert a claim for punitive damages. Plaintiffs agreed. Accordingly, the Court grants the motion as to #2. 3. Defendants seek to preclude evidence, argument, or testimony that the abuse hotline call on or about October 7 and 9, 2016 was improper, founded on or filled with lies, or is otherwise the cause of damages sought by Plaintiffs. The Court reserves on this motion; however, in thinking about it more, the Court is concerned that this motion is too broad. Defendants may wish to be more precise with a future motion. 4. Defendants seek to preclude evidence, argument, or testimony that JHACH Attorney Hunter argued or advocated by M.K. to remain at JHACH to the Dependency Court. This request implicates the question of whether Attorney Hunter is a witness. Plaintiffs never filed a motion to disqualify Attorney Hunter. The Court addressed a variant of this request in its Order of March 30, 2020 [DIN 2582]. The obligation to approach the Court outside the presence of the jury remains in effect before there can be any attempt to call Attorney Hunter as a witness. Further, the Court directs that no party may make a statement that would have the effect of implicating Attorney Hunter as a witness without prior Court approval. This specifically includes statements attributable to Attorney Hunter in the Dependency Action. The Court bolded those prior two sentences as that is further than what the Court ruled in open Court on Friday. 5. Defendants seek to prohibit Plaintiffs, their counsel, and their witnesses from attacking or denigrating Defense Counsel. The Court made clear in open Court on Friday, and again makes clear in writing, that no attorney shall denigrate another attorney before the jury. The Court will not hesitate to call out that improper conduct before the jury, swiftly and harshly. 6. Defendants seek to preclude evidence, argument, or testimony that JHACH was in “defiance” of any court orders entered by the Dependency Court. The Court denies this motion as too broad with leave to file more detailed requests. 7. Defendants seek to preclude Plaintiffs from referring to Tashawna Duncan, Ph.D. as a “court appointed expert” by the Dependency Court. The Court directed the parties to provide the Court by Friday, August 25, 2023, of any court orders or filings or both that support their respective positions. DONE AND ORDERED in Sarasota, Sarasota County, Florida, on August 21, 2023. Page 2 of 4 Filed 08/21/2023 07:33 AM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL HUNTER W CARROLL Circuit Judge SERVICE CERTIFICATE On August 21, 2023, the Court caused the foregoing document to be served via the Clerk of Court’s case management system, which served the following individuals via email (where indicated). On the same date, the Court also served a copy of the foregoing document via First Class U.S. Mail on the individuals who do not have an email address on file with the Clerk of Court. C HOWARD III HUNTER HILL WARD & HENDERSON PA P.O. BOX 2231 TAMPA, FL 33602 CHRIS WILLIAM ALTENBERND 801 E TWIGGS ST # 600 TAMPA, FL 33602 GREGORY ANDREW ANDERSON ONE ENTERPRISE CTR 225 WATER ST STE 2100 JACKSONVILLE, FL 32202 NICHOLAS P WHITNEY 10751 DEERWOOD PARK BLVD STE 105 JACKSONVILLE, FL 32256 ETHEN R SHAPIRO HILL WARD HENDERSON P. O. BOX 2231 TAMPA, FL 33601 PATRICIA D CRAUWELS 1626 RINGLING BLVD STE 300 SARASOTA, FL 34236 DAVID W HUGHES HILL WARD HENDERSON P.O. BOX 2231 44601-2231, FL TAMPA Page 3 of 4 Filed 08/21/2023 07:33 AM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL TIMOTHY WAYNE WEBER WEBER CRABB & WEIN PA 5453 CENTRAL AVENUE ST PETERSBURG, FL 33710 Page 4 of 4 Filed 08/21/2023 07:33 AM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL