Party Discovery: EDWARD EBERTS, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF ELIZABETH EBERTS V BOYNTON BEACH OPCO, LLC D/B/A DISCOVERY VILLAGE AT BOYNTON BEACH AL

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                                **** CASE NUMBER: 502024CA005871XXXAMB Div: AJ ****
  Filing # 201192858 E-Filed 06/26/2024 01:25:16 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 FIRST REQUEST FOR ADMISSIONS OF 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 1.370, hereby requests that the Defendant, BOYNTON BEACH OPCO,

           LLC, d/b/a DISCOVERY VILLAGE AT BOYNTON BEACH AL, admit the genuineness

           and truth of each of the attached Requests for Admissions by serving its response to

           same within thirty (30) days from the date hereof or within forty-five (45) days from the

           date of service of the Complaint on this Defendant, whichever is later.

                   Unless a written answer or objection is served within the applicable time frame, the

           requested admissions will be deemed admitted. If an objection is made, the reason for

           such an objection shall be stated. Your response shall specifically deny the matter

           requested, or it shall set forth in detail why Defendant cannot truthfully admit or deny the

           matter.




FILED: PALM BEACH COUNTY, FL, JOSEPH ABRUZZO, CLERK, 06/26/2024 01:25:16 PM
       A denial shall fairly meet the substance of the requested admission, and when

good faith requires that a party qualify his answer or deny only a part of the matter of

which an admission is requested, he shall specify so much of it as is true and qualify or

deny the remainder. An answering party may not give lack of information or knowledge

as a reason for failure to admit or deny unless he states that the information known or

readily obtainable by him is insufficient to enable him to admit or deny.

 REQUESTS FOR ADMISSIONS OF DEFENDANT BOYNTON BEACH OPCO, LLC
   1. Admit that BOYNTON BEACH OPCO, LLC, was the owner, operator, manager,

       overseer, and/or licensee of Discovery Village at Boynton Beach in September

       2023.

   2. Admit that at all times that ELIZABETH EBERTS was a resident of Discovery

       Village at Boynton Beach, BOYNTON BEACH OPCO, LLC, by and through its

       employees, agents, servants, and/or apparent agents had the responsibility for

       administering medication to ELIZABETH EBERTS.

   3. Admit that BOYNTON BEACH OPCO, LLC, by and through its employees, agents,

       servants, and/or apparent agents, is at least one percent at fault for the injuries

       alleged in the Complaint.

   4. Admit that BOYNTON BEACH OPCO, LLC fell below the standard of care in its

       care and treatment of REDACTED                 , such that ELIZABETH EBERTS’s

       resident’s rights were deprived.

   5. Admit that ELIZABETH EBERTS did not receive her prescribed Eliquis for more

       than one week prior to her death.
   6. Admit that ELIZABETH EBERTS died of a cerebral infarction on September 20,

      2023.

                              CERTIFICATE OF SERVICE
      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
                                         Boca Raton, FL 33487

                                  By:     /s Catherine   C.   Parison
                                          MICHAEL K. GRIFE
                                          Florida Bar No. 016583
                                          CATHERINE C. DARLSON
                                          Florida Bar No. 112440
                                          Primary Email: mike@thegrifelawfirm.com
                                          Secondary Email: catherine@thegrifelawfirm.com
                                          Secondary Email: angelika@thegrifelawfirm.com