Preview
Filing # 182533742 E-Filed 09/25/2023 03:05:41 PM
110106-
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR CHARLOTTE COUNTY, FLORIDA
BARBARA GONZALEZ, CIRCUIT CIVIL DIVISION
Plaintiff, CASE NO. 21000968CA
VS.
MICHAEL G. EDWARDS, HHS
ENVIRONMENTAL SERVICES, LLC
and PORT CHARLOTTE HMA, LLC,
d/b/a BAYFRONT HEALTH PORT
CHARLOTTE,
Defendants.
/
DEFENDANT’S, PORT CHARLOTTE HMA, LLC, d/b/a BAYFRONT HEALTH PORT
CHARLOTTE, MOTION TO CONTINE TRIAL AND AMEND CASE MANAGEMENT
PLAN
Defendant, PORT CHARLOTTE HMA, LLC, d/b/a BAYFRONT HEALTH PORT
CHARLOTTE (hereinafter “Bayfront” and/or “Defendant’’), by and through its undersigned
counsel, hereby files this Motion to Continue Trial and Amend Case Management Plan, and in
support hereof states as follows:
1 This matter arises out of an incident, which occurred on or about July 7, 2020 when the
Plaintiff, Barbara Gonzalez, was purportedly struck by a golf cart driven by Defendant,
Michael G. Edwards, while on this Defendant’s property.
In accordance with the Court’s Order Setting Jury Trial/Non-Jury Trial and Pretrial
Conference, entered on June 7, 2023, this matter is currently set for trial during the trial
period commencing on November 13, 2023.'
' On September 19, 2023, the parties attended a Case Management Conference, during which the
Court special set this cause for trial commencing on December 12, 2023.
CASE NO. 21000968CA
Prior to the Court setting this matter for trial, on January 26, 2023, the Court granted the
Plaintiff leave to amend her Complaint to name PORT CHARLOTTE HMA, LLC, d/b/a
BAYFRONT HEALTH PORT CHARLOTTE as a Defendant in this action.
In response, on March 29, 2023, Defendant filed a Motion to Dismiss Plaintiffs First
Amended Complaint based on Worker’s Compensation Immunity.
On May 3, 2023, this Court entered an Order denying Defendant’s Motion to Dismiss
Plaintiff's First Amended Complaint.
On May 9, 2023, Plaintiff filed her Second Amended Complaint, and on May 25, 2023,
Plaintiff filed her Third Amended Complaint (the Operative Complaint), and on June 1,
2023, Defendant filed its Answer and Affirmative Defenses to Plaintiff's Third Amended
Complaint, in which Defendant again raised the defense of Worker’s Compensation
Immunity. On June 5, 2023, Co-defendants filed their Answer and Affirmative Defenses
to Plaintiff's Third Amended Complaint; thereby closing the pleadings to this matter.
Given the foregoing, PORT CHARLOTTE HMA, LLC, d/b/a BAYFRONT HEALTH
PORT CHARLOTTE has only been involved in this litigation for approximately seven (7)
months to date, and three (3) out of those seven (7) months have been spent perfecting the
pleadings in this matter. Therefore, the case has only been at issue for a total of four (4)
months since this Defendant’s involvement.
On September 7, 2023, Defendant filed its Motion for Summary Final Judgment, again
based on Worker’s Compensation Immunity, as it remains undisputed that Plaintiff was an
employee of this Defendant at the time of the subject incident. It is also undisputed that
Plaintiff received worker’s compensation benefits from this claim for medical expenses
-2-
CASE NO. 21000968CA
and lost wages and continues to receive benefits arising out of this claim. Despite the
foregoing, the other parties to this lawsuit were not available to attend a hearing on this
Defendant’s Motion for Summary Final Judgment until mid-November, when this case is
scheduled to proceed to trial on December 12, 2023.
As a result, Defendant, PORT CHARLOTTE HMA, LLC, d/b/a BAYFRONT HEALTH
PORT CHARLOTTE requires additional time to investigate Plaintiff's allegations of
liability, causation and damages, engage in discovery, and potentially take depositions and
retain additional experts, as necessary, in order to properly defend against Plaintiffs
claims, and prepare for trial.
10. Resultingly, the Defendant hereby requests the trial in this cause be continued three (3)
months and requests the Court permit the parties leave to submit an amended Case
Management Plan.
11 The proposed amendment will not prejudice the other parties to this lawsuit. However,
proceeding to trial on December 12, 2023, would be extremely prejudicial against the
Hospital given the short amount of time that the Hospital has been involved in this
litigation.
12. Alternatively, this Defendant respectfully requests that this Court set Defendant’s Motion
for Summary Final Judgment at an earlier date/time.
WHEREFORE, and by reason of the foregoing, the Defendant, PORT CHARLOTTE
HMA, LLC, d/b/a BAYFRONT HEALTH PORT CHARLOTTE, hereby requests this Honorable
Court entering an Order Granting Defendant’s Motion to Continue Trial and provide leave to
-3-
CASE NO. 21000968CA.
submit an amended Case Management Plan, as well as any and all further relief this Court deems
just and proper.
CERTIFICATE OF SERVICE
WE HEREBY CERTIFY that a copy hereof has been electronically served via Florida
ePortal to: Helen Stratigakos, Esquire, helen@stratigakoslaw.com, marty@stratigakoslaw.com;
Michael J. Rossi, Esquire, michael@michaelrossilaw.com; Francesca Ippolito-Craven,
fic@kubickidraper.com; fic-kd@kubickidraper.com; Lissette. Hernandez@kubickidraper.com; on
this 25" day of September, 2023.
/s/ Brittany A. Perez, Esq.
Julie A. Campbell, Esquire
Florida Bar No. 0050134
Brittany A. Perez, Esquire
Florida Bar No. 124467
WICKER SMITH O'HARA McCOY & FORD, P.A.
Attorneys for Port Charlotte HMA, LLC d/b/a
Bayfront Health Port Charlotte
9132 Strada P1., Suite 400
Naples, FL 34108
Phone: (239) 552-5300
Fax: (239) 552-5399
NAPertpleadings@wickersmith.com
-4-
CASE NO. 21000968CA
-5-
Preview
Filing # 182533742 E-Filed 09/25/2023 03:05:41 PM 110106- IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR CHARLOTTE COUNTY, FLORIDA BARBARA GONZALEZ, CIRCUIT CIVIL DIVISION Plaintiff, CASE NO. 21000968CA VS. MICHAEL G. EDWARDS, HHS ENVIRONMENTAL SERVICES, LLC and PORT CHARLOTTE HMA, LLC, d/b/a BAYFRONT HEALTH PORT CHARLOTTE, Defendants. / DEFENDANT’S, PORT CHARLOTTE HMA, LLC, d/b/a BAYFRONT HEALTH PORT CHARLOTTE, MOTION TO CONTINE TRIAL AND AMEND CASE MANAGEMENT PLAN Defendant, PORT CHARLOTTE HMA, LLC, d/b/a BAYFRONT HEALTH PORT CHARLOTTE (hereinafter “Bayfront” and/or “Defendant’’), by and through its undersigned counsel, hereby files this Motion to Continue Trial and Amend Case Management Plan, and in support hereof states as follows: 1 This matter arises out of an incident, which occurred on or about July 7, 2020 when the Plaintiff, Barbara Gonzalez, was purportedly struck by a golf cart driven by Defendant, Michael G. Edwards, while on this Defendant’s property. In accordance with the Court’s Order Setting Jury Trial/Non-Jury Trial and Pretrial Conference, entered on June 7, 2023, this matter is currently set for trial during the trial period commencing on November 13, 2023.' ' On September 19, 2023, the parties attended a Case Management Conference, during which the Court special set this cause for trial commencing on December 12, 2023. CASE NO. 21000968CA Prior to the Court setting this matter for trial, on January 26, 2023, the Court granted the Plaintiff leave to amend her Complaint to name PORT CHARLOTTE HMA, LLC, d/b/a BAYFRONT HEALTH PORT CHARLOTTE as a Defendant in this action. In response, on March 29, 2023, Defendant filed a Motion to Dismiss Plaintiffs First Amended Complaint based on Worker’s Compensation Immunity. On May 3, 2023, this Court entered an Order denying Defendant’s Motion to Dismiss Plaintiff's First Amended Complaint. On May 9, 2023, Plaintiff filed her Second Amended Complaint, and on May 25, 2023, Plaintiff filed her Third Amended Complaint (the Operative Complaint), and on June 1, 2023, Defendant filed its Answer and Affirmative Defenses to Plaintiff's Third Amended Complaint, in which Defendant again raised the defense of Worker’s Compensation Immunity. On June 5, 2023, Co-defendants filed their Answer and Affirmative Defenses to Plaintiff's Third Amended Complaint; thereby closing the pleadings to this matter. Given the foregoing, PORT CHARLOTTE HMA, LLC, d/b/a BAYFRONT HEALTH PORT CHARLOTTE has only been involved in this litigation for approximately seven (7) months to date, and three (3) out of those seven (7) months have been spent perfecting the pleadings in this matter. Therefore, the case has only been at issue for a total of four (4) months since this Defendant’s involvement. On September 7, 2023, Defendant filed its Motion for Summary Final Judgment, again based on Worker’s Compensation Immunity, as it remains undisputed that Plaintiff was an employee of this Defendant at the time of the subject incident. It is also undisputed that Plaintiff received worker’s compensation benefits from this claim for medical expenses -2- CASE NO. 21000968CA and lost wages and continues to receive benefits arising out of this claim. Despite the foregoing, the other parties to this lawsuit were not available to attend a hearing on this Defendant’s Motion for Summary Final Judgment until mid-November, when this case is scheduled to proceed to trial on December 12, 2023. As a result, Defendant, PORT CHARLOTTE HMA, LLC, d/b/a BAYFRONT HEALTH PORT CHARLOTTE requires additional time to investigate Plaintiff's allegations of liability, causation and damages, engage in discovery, and potentially take depositions and retain additional experts, as necessary, in order to properly defend against Plaintiffs claims, and prepare for trial. 10. Resultingly, the Defendant hereby requests the trial in this cause be continued three (3) months and requests the Court permit the parties leave to submit an amended Case Management Plan. 11 The proposed amendment will not prejudice the other parties to this lawsuit. However, proceeding to trial on December 12, 2023, would be extremely prejudicial against the Hospital given the short amount of time that the Hospital has been involved in this litigation. 12. Alternatively, this Defendant respectfully requests that this Court set Defendant’s Motion for Summary Final Judgment at an earlier date/time. WHEREFORE, and by reason of the foregoing, the Defendant, PORT CHARLOTTE HMA, LLC, d/b/a BAYFRONT HEALTH PORT CHARLOTTE, hereby requests this Honorable Court entering an Order Granting Defendant’s Motion to Continue Trial and provide leave to -3- CASE NO. 21000968CA. submit an amended Case Management Plan, as well as any and all further relief this Court deems just and proper. CERTIFICATE OF SERVICE WE HEREBY CERTIFY that a copy hereof has been electronically served via Florida ePortal to: Helen Stratigakos, Esquire, helen@stratigakoslaw.com, marty@stratigakoslaw.com; Michael J. Rossi, Esquire, michael@michaelrossilaw.com; Francesca Ippolito-Craven, fic@kubickidraper.com; fic-kd@kubickidraper.com; Lissette. Hernandez@kubickidraper.com; on this 25" day of September, 2023. /s/ Brittany A. Perez, Esq. Julie A. Campbell, Esquire Florida Bar No. 0050134 Brittany A. Perez, Esquire Florida Bar No. 124467 WICKER SMITH O'HARA McCOY & FORD, P.A. Attorneys for Port Charlotte HMA, LLC d/b/a Bayfront Health Port Charlotte 9132 Strada P1., Suite 400 Naples, FL 34108 Phone: (239) 552-5300 Fax: (239) 552-5399 NAPertpleadings@wickersmith.com -4- CASE NO. 21000968CA -5-