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Filing # 186829972 E-Filed 11/27/2023 06:10:42 PM
THE CIRCUIT COURT FOR THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR CHARLOTTE COUNTY, FLORIDA
CIRCUIT CIVIL DIVISION
BARBARA GONZALEZ,
CASE NO.: 21000968CA
Plaintiff,
v.
MICHAEL G. EDWARDS and
HHS ENVIRONMENTAL SERVICES, LLC,
Defendants.
___________________________________/
DEFENDANTS, MICHAEL G. EDWARDS AND HHS ENVIRONMENTAL SERVICES,
LLC’S EMERGENCY MOTION TO COMPEL DEPOSITION OF PLAINTIFF’S
DAUGHTER AND/OR IN THE ALTERNATIVE MOTION TO STRIKE PLAINTIFF’S
CLAIMS FOR FUTURE HOME HEALTH AND HOUSEKEEPING SERVICES
Defendants, MICHAEL G. EDWARDS and HHS ENVIRONMENTAL SERVICES,
LLC (“Defendant ”), by and through undersigned counsel and pursuant to the Florida Rules of
Civil Procedure, hereby moves this Court for entry of an Emergency Order compelling Plaintiff,
BARBARA GONZALEZ (“Plaintiff”), to provide available deposition dates within two (2) days
and for the deposition of Plaintiff’s daughter to occur prior to trial and/or moves to strike
Plaintiff’s claims for future home health and housekeeping services and as grounds therefore
states the following:
This matter is currently set for trial commencing on December 8, 2023.
Plaintiff claims that, on July 7, 2020, she sustained physical injuries when she was
allegedly struck by a golf cart driven by an employee of HHS and Bayfront Health, Mr.
Edwards, while at Bayfront Health Port Charlotte Hospital (“Bayfront Health”). She ha
Kubicki Draper • 9100 S. DADELAND BLVD., SUITE 1800, MIAMI, FL 33156 • T: (305) 374 1212 • F: (305) 374-7846
asserted a negligence claim against Mr. Edwards and a dangerous
instrumentality/negligent entrustment claim against HHS respectively.
As a result of the accident, Plaintiff claims she can no longer do certain household
activities.
In support of her claims, Plaintiff has retained life care plan expert, Dr. John L. Merritt.
Dr. Merritt’s deposition took place on October 16, 2023.
On September 18, 2023, Dr. Merritt examined Plaintiff. Plaintiff was accompanied by her
daughter during her examination.
Dr. Merritt has recommended that Plaintiff needs approximately $643,860.00 in terms of
future home health care Dr. Merritt has relied on information provided by Plaintiff and
her daughter at Plaintiff s examination, that Plaintiff can not do household activities and
her daughter has to assist her in same in order to render his opinions.
Accordingly, and in light of the above, on the same date of the deposition of Dr. Merritt
counsel for Defendants, provided Plaintiff with potential dates in order to take the
deposition of Plaintiff’s daughter. Plaintiff’s counsel responded that she did not list
Plaintiff’s children as witnesses for trial and did not respond with availability.
Thereafter, on November 16, 2023, Defendants counsel advised Plaintiff that according
to Dr. Merritt, Plaintiff was living with her daughter and required her care and thus,
requested dates of availability for Plaintiff s daughter s deposition.
On November 27, 2023, once again, counsel for Defendants requested the deposition of
Plaintiff’s daughter on the grounds that Plaintiff’s expert, Dr. Merritt has based his
opinions that Plaintiff cannot care for her household needs, on the statements made by
plaintiff and her daughter.
Kubicki Draper • 9100 S. DADELAND BLVD., SUITE 1800, MIAMI, FL 33156 • T: (305) 374 1212 • F: (305) 374-7846
To date, Defendants have been unable to obtain deposition dates for Plaintiff s daughter
deposition.
Defendant is in need of Plaintiff’s daughter’s deposition in order to properly assess
Plaintiff’s claims for future damages and prepare its defense of this matter with trial fast
approaching. Defendants will be severely prejudiced if they are not allowed to depose
Plaintiff s daughter.
In light of Defendant’s multiple efforts to conduct Plaintiff’s daughter’s deposition to no
avail, Defendant asks this Honorable Court to enter an Order Compelling the Plaintiffs to
provide deposition dates within the next two (2) days.
In the alternative, if Defendants are not able to depose Plaintiff’s daughter prior to trial,
Defendants move to strike any and all claims by Plaintiff for future home health and
housekeeping services.
As mentioned above, Defendants will be severely prejudiced at trial if they are unable to
depose Plaintiff’s daughter and assess what help, if any, she provides to Plaintiff in her
household activities.
Accordingly, this Court should strike any and all claims by Plaintiff for future home
health and housekeeping services if Defendant is not allowed to depose Plaintiff’s
daughter to substantiate same.
WHEREFORE, Defendants, MICHAEL G. EDWARDS and HHS ENVIRONMENTAL
SERVICES, LLC, respectfully requests that this Honorable Court issue an Emergency Order
compelling Plaintiff BARBARA GONZALEZ (“Plaintiff”), to provide available deposition
dates within two (2) days and for the deposition of Plaintiff’s daughter to occur prior to trial
and/or an Order striking Plaintiff’s claims for future home health and housekeeping services,
Kubicki Draper • 9100 S. DADELAND BLVD., SUITE 1800, MIAMI, FL 33156 • T: (305) 374 1212 • F: (305) 374-7846
awarding attorneys’ fees that were incurred in the prosecution of this Motion, and for all other
relief that this Court deems just and proper.
CERTIFICATE OF SERVICE
WE HEREBY CERTIFY that a true and correct copy of the foregoing was e-mailed to all
counsel of the attached Service List this 27th day of November, 2023.
KUBICKI DRAPER
9100 South Dadeland Blvd.
Suite 1800
Miami, FL 33156
lephone: (305) 982-6604
Facsimile: (305) 374-7846
Pleadings: FIC-KD@kubickidraper.com
By: /s/ Francesca Ippolito-Craven
FRANCESCA IPPOLITO-CRAVEN
fic@kubickidraper.com
Florida Bar Number: 0145361
JESSICA M. DEL SOL
jmd@kubickidraper.com
Florida Bar Number: 1031645
SERVICE LIST
Counsel for Plaintiff:
Helen Stratigakos, Esq.
STRATIGAKOS LAW, P.A.
412 East Madison Street, Suite 814
Tampa, FL 33602
Primary: Helen@stratigakoslaw.com
Secondary: admin@stratigakoslaw.com
Co-counsel for Plaintiff:
Michael J. Rossi, Esq.
MICHAEL J. ROSSI, P.A.
115 South Albany Avenue
Kubicki Draper • 9100 S. DADELAND BLVD., SUITE 1800, MIAMI, FL 33156 • T: (305) 374 1212 • F: (305) 374-7846
Tampa, FL 33606
michael@michaelrossilaw.com
Kubicki Draper • 9100 S. DADELAND BLVD., SUITE 1800, MIAMI, FL 33156 • T: (305) 374 1212 • F: (305) 374-7846
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Filing # 186829972 E-Filed 11/27/2023 06:10:42 PM THE CIRCUIT COURT FOR THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR CHARLOTTE COUNTY, FLORIDA CIRCUIT CIVIL DIVISION BARBARA GONZALEZ, CASE NO.: 21000968CA Plaintiff, v. MICHAEL G. EDWARDS and HHS ENVIRONMENTAL SERVICES, LLC, Defendants. ___________________________________/ DEFENDANTS, MICHAEL G. EDWARDS AND HHS ENVIRONMENTAL SERVICES, LLC’S EMERGENCY MOTION TO COMPEL DEPOSITION OF PLAINTIFF’S DAUGHTER AND/OR IN THE ALTERNATIVE MOTION TO STRIKE PLAINTIFF’S CLAIMS FOR FUTURE HOME HEALTH AND HOUSEKEEPING SERVICES Defendants, MICHAEL G. EDWARDS and HHS ENVIRONMENTAL SERVICES, LLC (“Defendant ”), by and through undersigned counsel and pursuant to the Florida Rules of Civil Procedure, hereby moves this Court for entry of an Emergency Order compelling Plaintiff, BARBARA GONZALEZ (“Plaintiff”), to provide available deposition dates within two (2) days and for the deposition of Plaintiff’s daughter to occur prior to trial and/or moves to strike Plaintiff’s claims for future home health and housekeeping services and as grounds therefore states the following: This matter is currently set for trial commencing on December 8, 2023. Plaintiff claims that, on July 7, 2020, she sustained physical injuries when she was allegedly struck by a golf cart driven by an employee of HHS and Bayfront Health, Mr. Edwards, while at Bayfront Health Port Charlotte Hospital (“Bayfront Health”). She ha Kubicki Draper • 9100 S. DADELAND BLVD., SUITE 1800, MIAMI, FL 33156 • T: (305) 374 1212 • F: (305) 374-7846 asserted a negligence claim against Mr. Edwards and a dangerous instrumentality/negligent entrustment claim against HHS respectively. As a result of the accident, Plaintiff claims she can no longer do certain household activities. In support of her claims, Plaintiff has retained life care plan expert, Dr. John L. Merritt. Dr. Merritt’s deposition took place on October 16, 2023. On September 18, 2023, Dr. Merritt examined Plaintiff. Plaintiff was accompanied by her daughter during her examination. Dr. Merritt has recommended that Plaintiff needs approximately $643,860.00 in terms of future home health care Dr. Merritt has relied on information provided by Plaintiff and her daughter at Plaintiff s examination, that Plaintiff can not do household activities and her daughter has to assist her in same in order to render his opinions. Accordingly, and in light of the above, on the same date of the deposition of Dr. Merritt counsel for Defendants, provided Plaintiff with potential dates in order to take the deposition of Plaintiff’s daughter. Plaintiff’s counsel responded that she did not list Plaintiff’s children as witnesses for trial and did not respond with availability. Thereafter, on November 16, 2023, Defendants counsel advised Plaintiff that according to Dr. Merritt, Plaintiff was living with her daughter and required her care and thus, requested dates of availability for Plaintiff s daughter s deposition. On November 27, 2023, once again, counsel for Defendants requested the deposition of Plaintiff’s daughter on the grounds that Plaintiff’s expert, Dr. Merritt has based his opinions that Plaintiff cannot care for her household needs, on the statements made by plaintiff and her daughter. Kubicki Draper • 9100 S. DADELAND BLVD., SUITE 1800, MIAMI, FL 33156 • T: (305) 374 1212 • F: (305) 374-7846 To date, Defendants have been unable to obtain deposition dates for Plaintiff s daughter deposition. Defendant is in need of Plaintiff’s daughter’s deposition in order to properly assess Plaintiff’s claims for future damages and prepare its defense of this matter with trial fast approaching. Defendants will be severely prejudiced if they are not allowed to depose Plaintiff s daughter. In light of Defendant’s multiple efforts to conduct Plaintiff’s daughter’s deposition to no avail, Defendant asks this Honorable Court to enter an Order Compelling the Plaintiffs to provide deposition dates within the next two (2) days. In the alternative, if Defendants are not able to depose Plaintiff’s daughter prior to trial, Defendants move to strike any and all claims by Plaintiff for future home health and housekeeping services. As mentioned above, Defendants will be severely prejudiced at trial if they are unable to depose Plaintiff’s daughter and assess what help, if any, she provides to Plaintiff in her household activities. Accordingly, this Court should strike any and all claims by Plaintiff for future home health and housekeeping services if Defendant is not allowed to depose Plaintiff’s daughter to substantiate same. WHEREFORE, Defendants, MICHAEL G. EDWARDS and HHS ENVIRONMENTAL SERVICES, LLC, respectfully requests that this Honorable Court issue an Emergency Order compelling Plaintiff BARBARA GONZALEZ (“Plaintiff”), to provide available deposition dates within two (2) days and for the deposition of Plaintiff’s daughter to occur prior to trial and/or an Order striking Plaintiff’s claims for future home health and housekeeping services, Kubicki Draper • 9100 S. DADELAND BLVD., SUITE 1800, MIAMI, FL 33156 • T: (305) 374 1212 • F: (305) 374-7846 awarding attorneys’ fees that were incurred in the prosecution of this Motion, and for all other relief that this Court deems just and proper. CERTIFICATE OF SERVICE WE HEREBY CERTIFY that a true and correct copy of the foregoing was e-mailed to all counsel of the attached Service List this 27th day of November, 2023. KUBICKI DRAPER 9100 South Dadeland Blvd. Suite 1800 Miami, FL 33156 lephone: (305) 982-6604 Facsimile: (305) 374-7846 Pleadings: FIC-KD@kubickidraper.com By: /s/ Francesca Ippolito-Craven FRANCESCA IPPOLITO-CRAVEN fic@kubickidraper.com Florida Bar Number: 0145361 JESSICA M. DEL SOL jmd@kubickidraper.com Florida Bar Number: 1031645 SERVICE LIST Counsel for Plaintiff: Helen Stratigakos, Esq. STRATIGAKOS LAW, P.A. 412 East Madison Street, Suite 814 Tampa, FL 33602 Primary: Helen@stratigakoslaw.com Secondary: admin@stratigakoslaw.com Co-counsel for Plaintiff: Michael J. Rossi, Esq. MICHAEL J. ROSSI, P.A. 115 South Albany Avenue Kubicki Draper • 9100 S. DADELAND BLVD., SUITE 1800, MIAMI, FL 33156 • T: (305) 374 1212 • F: (305) 374-7846 Tampa, FL 33606 michael@michaelrossilaw.com Kubicki Draper • 9100 S. DADELAND BLVD., SUITE 1800, MIAMI, FL 33156 • T: (305) 374 1212 • F: (305) 374-7846