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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 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, GUARDIAN PHARMACY,
LLC, d/b/a GUARDIAN PHARMACY SERVICES, 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, 06/24/2024 02:05:06 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 GUARDIAN PHARMACY, LLC,
D/B/A GUARDIAN PHARMACY SERVICES
1. Admit that GUARDIAN PHARMACY, LLC, d/b/a GUARDIAN PHARMACY
SERVICES, was the provider of pharmacy services to ELIZABETH EBERTS while
ELIZABETH EBERTS was a resident of Discovery Village at Boynton Beach.
2. Admit that at all times that ELIZABETH EBERTS was a resident of Discovery
Village at Boynton Beach, GUARDIAN PHARMACY, LLC, d/b/a GUARDIAN
PHARMACY SERVICES, by and through its employees, agents, servants, and/or
apparent agents, had the responsibility for supplying medication to ELIZABETH
EBERTS.
3. Admit that GUARDIAN PHARMACY, LLC, d/b/a GUARDIAN PHARMACY
SERVICES, 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 GUARDIAN PHARMACY, LLC, d/b/a GUARDIAN PHARMACY
SERVICES fell below the standard of care in its provision of pharmacy services
ELIZABETH EBERTS.
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. Darlson
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
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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 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, GUARDIAN PHARMACY, LLC, d/b/a GUARDIAN PHARMACY SERVICES, 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, 06/24/2024 02:05:06 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 GUARDIAN PHARMACY, LLC, D/B/A GUARDIAN PHARMACY SERVICES 1. Admit that GUARDIAN PHARMACY, LLC, d/b/a GUARDIAN PHARMACY SERVICES, was the provider of pharmacy services to ELIZABETH EBERTS while ELIZABETH EBERTS was a resident of Discovery Village at Boynton Beach. 2. Admit that at all times that ELIZABETH EBERTS was a resident of Discovery Village at Boynton Beach, GUARDIAN PHARMACY, LLC, d/b/a GUARDIAN PHARMACY SERVICES, by and through its employees, agents, servants, and/or apparent agents, had the responsibility for supplying medication to ELIZABETH EBERTS. 3. Admit that GUARDIAN PHARMACY, LLC, d/b/a GUARDIAN PHARMACY SERVICES, 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 GUARDIAN PHARMACY, LLC, d/b/a GUARDIAN PHARMACY SERVICES fell below the standard of care in its provision of pharmacy services ELIZABETH EBERTS. 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. Darlson 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