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**** CASE NUMBER: 502024CA005871XXXAMB Div: AJ ****
Filing # 201192858 E-Filed 06/24/2024 02:05:06 PM
IN THE 15TH JUDICIAL CIRCUIT COURT
IN AND FOR PALM BEACH COUNTY, FLORIDA
EDWARD EBERTS, as Personal
Representative of the Estate of ELIZABETH
EBERTS,
Case No.:
Plaintiff,
v.
BOYNTON BEACH OPCO, LLC, d/b/a
DISCOVERY VILLAGE AT BOYNTON BEACH AL,
and GUARDIAN PHARMACY, LLC, d/b/a
GUARDIAN PHARMACY SERVICES,
Defendants.
_________________________________________/
PLAINTIFF’S NOTICE OF SERVING INTERROGATORIES UPON DEFENDANT
BOYNTON BEACH OPCO, LLC, d/b/a DISCOVERY VILLAGE AT
BOYNTON BEACH AL
Plaintiff, EDWARD EBERTS, as Personal Representative of the Estate of
ELIZABETH EBERTS, by and through undersigned counsel and pursuant to Florida Rule of
Civil Procedure 1.340, gives notice of serving his First Set of Interrogatories upon Defendant
BOYNTON BEACH OPCO, LLC, d/b/a DISCOVERY VILLAGE AT BOYNTON BEACH AL,
to be answered under oath and in writing within the time period set forth in the applicable
Rules of Civil Procedure.
I HEREBY CERTIFY that a true and correct copy of the foregoing was served upon
the Defendant together with the Summons and Complaint.
THE GRIFE LAW FIRM, P.A.
Attorneys for Plaintiff
The Atrium at Broken Sound
6111 Broken Sound Parkway NW, Suite 300
1
FILED: PALM BEACH COUNTY, FL, JOSEPH ABRUZZO, CLERK, 06/24/2024 02:05:06 PM
Boca Raton, FL 33487
By: /s Catherine C. Darlson
MICHAEL K. GRIFE
Florida Bar No. 016583
CATHERINE C. DARLSON
Florida Bar No. 112440
Primary Email: mike@thegrifelawfirm.com
Primary Email: catherine@thegrifelawfirm.com
Secondary Email: angelika@thegrifelawfirm.com
2
PLAINTIFF’S FIRST INTERROGATORIE TO DEFENDANT
BOYNTON BEACH OPCO, LLC
1. What is the name and address of the person answering these interrogatories, and,
if applicable, the person’s official position or relationship with the party to whom
these interrogatories are directed?
2. Describe any and all policies of insurance which you contend cover or may cover
you for the allegations set forth in Plaintiff’s Complaint, detailing as to such policies
the name of the insurer, the policy number, the effective dates of the policy, the
available limits of liability, and the name and address of the custodian of the policy.
3. Describe in detail each act or omission on the part of any party to this lawsuit that
you contend constituted negligence that was a contributing cause of the incident in
question.
3
4. State the facts upon which you rely for each affirmative defense in your answer.
5. Describe how you believe the incident described in the Complaint happened,
including all actions taken by you to prevent the incident.
6. Do you contend any person or entity other than you is, or may be, liable in whole or
part for the claims asserted against you in this lawsuit? If so, state the full name and
address of each such person or entity, the legal basis for your contention, the facts
or evidence upon which your contention is based and whether or not you have
notified each such person or entity of your contention.
4
7. List the names and addresses of all persons who are believed or known by you,
your agents, or your attorneys to have any knowledge concerning any of the issues
in this lawsuit and specify the subject matter about which the witness has
knowledge.
8. Have you heard or do you know about any statement or remark made by or on
behalf of any party to this lawsuit, other than yourself, concerning any issue in this
lawsuit? If so, state the name and address of each person who made the statement
or statements, the name and address of each person who heard it and the date,
time, place, and substance of each statement.
9. State the name and address of every person known to you, your agents, or your
attorneys who has knowledge about, or possession, custody, or control of, any
model, plat, map, drawing, motion picture, videotape, or photograph pertaining to
any fact or issue involved in this controversy; and describe as to each the item such
person has, the name and address of the person who took or prepared it and the
date it was taken or prepared.
5
10. State whether you have ever been a party in any administrative, civil, or criminal
proceeding. If yes, state the name of each defendant, case name, case number,
name of the complaining party, name address and phone number of his/her legal
representative; and the state, county, and tribunal before whom the proceeding took
place and result of the action.
11. Please state whether any claim for negligence has ever been made against you
(including all Notices of Intent and lawsuits), and, if so, state as to each such claim
the names of the parties, the claim number, the date of the alleged incident, the
ultimate disposition of the claim, and the name of your attorney, if any.
12. If you contend that ELIZABETH EBERTS’s injuries and resulting death were the
result of prior or subsequent injuries, or medical care and treatment, give a concise
statement of the facts upon which you rely.
6
13. Please describe any investigation that was carried out by you or on your behalf
following the occurrence in question, and state whether at the time it was done you
were anticipating litigation in connection with the care of ELIZABETH EBERTS in
this cause.
14. State whether there were any policies, procedures, guidelines, rules or protocols
related to the type of care rendered in this case which you had in place at the time
of the care and/or treatment of ELIZABETH EBERTS as alleged in the Complaint.
If so, state as to each the specific title with enough clarity to formulate a Request
for Production.
15. State each and every fact that supports your contention that you did not violate the
resident’s rights of ELIZABETH EBERTS.
7
16. During ELIZABETH EBERTS’s residency at Discovery Village at Boynton Beach,
did any agent or employee of said facility ever fail to administer any prescribed
medication to ELIZABETH EBERTS? If so, please identify the name of the
medication, the name(s) of the employee(s) or agent(s) who failed to administer it,
on how many occasions it was not administered as prescribed, and how this failure
was discovered.
17. During ELIZABETH EBERTS’s residency at Discovery Village at Boynton Beach,
did any agent or employee of GUARDIAN PHARMACY, LLC, d/b/a GUARDIAN
PHARMACY SERVICES ever fail to supply or refill any prescribed medication for
ELIZABETH EBERTS? If so, please identify the name of the medication, the
name(s) of the employee(s) or agent(s) who failed to administer it, on how many
occasions it was not administered as prescribed, and how this failure was
discovered.
18. If you claim that ELIZABETH EBERTS failed to follow any medical advice, please
identify the nature of the medical advice that you allege he failed to follow, the name
and address of the provider who dispensed the advice and the date the advice was
dispensed.
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19. At any point during ELIZABETH EBERTS’s residency at Discovery Village at
Boynton Beach, did your or any of your employees, agents, become aware of any
issue or problem pertaining to ELIZABETH EBERTS’s prescribed medications,
such as an inability to provide or administer any such medication? If so, please state
the nature of the issue, how it was discovered, the date it was discovered, the
name(s) of the employee(s) who discovered it, to whom the issue was reported,
and any actions taken to address the issue.
9
JURAT
I, , do hereby certify that I have read the Answers
to Interrogatories and I swear or affirm that they are true and correct to the best of my
knowledge and belief. I further certify that I am the authorized representative of
Defendant, BOYNTON BEACH OPCO, LLC, d/b/a DISCOVERY VILLAGE AT
BOYNTON BEACH AL.
SIGNATURE
________________________________
PRINT NAME
________________________________
TITLE
STATE OF FLORIDA :
: ss.
COUNTY OF :
BEFORE ME, the undersigned authority, personally appeared
, who is personally known to me or who has provided
as identification and who first, being duly sworn on oath, acknowledged before me
that s/he executed the above and foregoing instrument for the intent and purposes
therein expressed.
WITNESS MY HAND AND OFFICIAL SEAL in the County and State last
aforesaid on this day of , 202_.
Notary Public, State of Florida at Large
Printed Name of Notary:
Commission No.
My Commission Expires:
10
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**** CASE NUMBER: 502024CA005871XXXAMB Div: AJ **** Filing # 201192858 E-Filed 06/24/2024 02:05:06 PM IN THE 15TH JUDICIAL CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA EDWARD EBERTS, as Personal Representative of the Estate of ELIZABETH EBERTS, Case No.: Plaintiff, v. BOYNTON BEACH OPCO, LLC, d/b/a DISCOVERY VILLAGE AT BOYNTON BEACH AL, and GUARDIAN PHARMACY, LLC, d/b/a GUARDIAN PHARMACY SERVICES, Defendants. _________________________________________/ PLAINTIFF’S NOTICE OF SERVING INTERROGATORIES UPON DEFENDANT BOYNTON BEACH OPCO, LLC, d/b/a DISCOVERY VILLAGE AT BOYNTON BEACH AL Plaintiff, EDWARD EBERTS, as Personal Representative of the Estate of ELIZABETH EBERTS, by and through undersigned counsel and pursuant to Florida Rule of Civil Procedure 1.340, gives notice of serving his First Set of Interrogatories upon Defendant BOYNTON BEACH OPCO, LLC, d/b/a DISCOVERY VILLAGE AT BOYNTON BEACH AL, to be answered under oath and in writing within the time period set forth in the applicable Rules of Civil Procedure. I HEREBY CERTIFY that a true and correct copy of the foregoing was served upon the Defendant together with the Summons and Complaint. THE GRIFE LAW FIRM, P.A. Attorneys for Plaintiff The Atrium at Broken Sound 6111 Broken Sound Parkway NW, Suite 300 1 FILED: PALM BEACH COUNTY, FL, JOSEPH ABRUZZO, CLERK, 06/24/2024 02:05:06 PM Boca Raton, FL 33487 By: /s Catherine C. Darlson MICHAEL K. GRIFE Florida Bar No. 016583 CATHERINE C. DARLSON Florida Bar No. 112440 Primary Email: mike@thegrifelawfirm.com Primary Email: catherine@thegrifelawfirm.com Secondary Email: angelika@thegrifelawfirm.com 2 PLAINTIFF’S FIRST INTERROGATORIE TO DEFENDANT BOYNTON BEACH OPCO, LLC 1. What is the name and address of the person answering these interrogatories, and, if applicable, the person’s official position or relationship with the party to whom these interrogatories are directed? 2. Describe any and all policies of insurance which you contend cover or may cover you for the allegations set forth in Plaintiff’s Complaint, detailing as to such policies the name of the insurer, the policy number, the effective dates of the policy, the available limits of liability, and the name and address of the custodian of the policy. 3. Describe in detail each act or omission on the part of any party to this lawsuit that you contend constituted negligence that was a contributing cause of the incident in question. 3 4. State the facts upon which you rely for each affirmative defense in your answer. 5. Describe how you believe the incident described in the Complaint happened, including all actions taken by you to prevent the incident. 6. Do you contend any person or entity other than you is, or may be, liable in whole or part for the claims asserted against you in this lawsuit? If so, state the full name and address of each such person or entity, the legal basis for your contention, the facts or evidence upon which your contention is based and whether or not you have notified each such person or entity of your contention. 4 7. List the names and addresses of all persons who are believed or known by you, your agents, or your attorneys to have any knowledge concerning any of the issues in this lawsuit and specify the subject matter about which the witness has knowledge. 8. Have you heard or do you know about any statement or remark made by or on behalf of any party to this lawsuit, other than yourself, concerning any issue in this lawsuit? If so, state the name and address of each person who made the statement or statements, the name and address of each person who heard it and the date, time, place, and substance of each statement. 9. State the name and address of every person known to you, your agents, or your attorneys who has knowledge about, or possession, custody, or control of, any model, plat, map, drawing, motion picture, videotape, or photograph pertaining to any fact or issue involved in this controversy; and describe as to each the item such person has, the name and address of the person who took or prepared it and the date it was taken or prepared. 5 10. State whether you have ever been a party in any administrative, civil, or criminal proceeding. If yes, state the name of each defendant, case name, case number, name of the complaining party, name address and phone number of his/her legal representative; and the state, county, and tribunal before whom the proceeding took place and result of the action. 11. Please state whether any claim for negligence has ever been made against you (including all Notices of Intent and lawsuits), and, if so, state as to each such claim the names of the parties, the claim number, the date of the alleged incident, the ultimate disposition of the claim, and the name of your attorney, if any. 12. If you contend that ELIZABETH EBERTS’s injuries and resulting death were the result of prior or subsequent injuries, or medical care and treatment, give a concise statement of the facts upon which you rely. 6 13. Please describe any investigation that was carried out by you or on your behalf following the occurrence in question, and state whether at the time it was done you were anticipating litigation in connection with the care of ELIZABETH EBERTS in this cause. 14. State whether there were any policies, procedures, guidelines, rules or protocols related to the type of care rendered in this case which you had in place at the time of the care and/or treatment of ELIZABETH EBERTS as alleged in the Complaint. If so, state as to each the specific title with enough clarity to formulate a Request for Production. 15. State each and every fact that supports your contention that you did not violate the resident’s rights of ELIZABETH EBERTS. 7 16. During ELIZABETH EBERTS’s residency at Discovery Village at Boynton Beach, did any agent or employee of said facility ever fail to administer any prescribed medication to ELIZABETH EBERTS? If so, please identify the name of the medication, the name(s) of the employee(s) or agent(s) who failed to administer it, on how many occasions it was not administered as prescribed, and how this failure was discovered. 17. During ELIZABETH EBERTS’s residency at Discovery Village at Boynton Beach, did any agent or employee of GUARDIAN PHARMACY, LLC, d/b/a GUARDIAN PHARMACY SERVICES ever fail to supply or refill any prescribed medication for ELIZABETH EBERTS? If so, please identify the name of the medication, the name(s) of the employee(s) or agent(s) who failed to administer it, on how many occasions it was not administered as prescribed, and how this failure was discovered. 18. If you claim that ELIZABETH EBERTS failed to follow any medical advice, please identify the nature of the medical advice that you allege he failed to follow, the name and address of the provider who dispensed the advice and the date the advice was dispensed. 8 19. At any point during ELIZABETH EBERTS’s residency at Discovery Village at Boynton Beach, did your or any of your employees, agents, become aware of any issue or problem pertaining to ELIZABETH EBERTS’s prescribed medications, such as an inability to provide or administer any such medication? If so, please state the nature of the issue, how it was discovered, the date it was discovered, the name(s) of the employee(s) who discovered it, to whom the issue was reported, and any actions taken to address the issue. 9 JURAT I, , do hereby certify that I have read the Answers to Interrogatories and I swear or affirm that they are true and correct to the best of my knowledge and belief. I further certify that I am the authorized representative of Defendant, BOYNTON BEACH OPCO, LLC, d/b/a DISCOVERY VILLAGE AT BOYNTON BEACH AL. SIGNATURE ________________________________ PRINT NAME ________________________________ TITLE STATE OF FLORIDA : : ss. COUNTY OF : BEFORE ME, the undersigned authority, personally appeared , who is personally known to me or who has provided as identification and who first, being duly sworn on oath, acknowledged before me that s/he executed the above and foregoing instrument for the intent and purposes therein expressed. WITNESS MY HAND AND OFFICIAL SEAL in the County and State last aforesaid on this day of , 202_. Notary Public, State of Florida at Large Printed Name of Notary: Commission No. My Commission Expires: 10