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Filing # 69067129 E-Filed 03/09/2018 03:12:46 PM
1255.0040 IN THE CIRCUIT COURT OF THE 17™
JUDICIAL CIRCUIT IN AND FOR
BROWARD COUNTY, FLORIDA
ALEXIS PALEN,
CASE NO: 18-001069 (18)
Plaintiff,
vs.
DARDEN RESTAURANTS, INC.,
d/b/a BAHAMA BREEZE ISLAND
GRILLE,
Defendant.
/
DEFENDANT’S RESPONSE TO PLAINTIFF’S
FIRST REQUEST FOR PRODUCTION
Defendant, BAHAMA BREEZE HOLDINGS, LLC, d/b/a BAHAMA BREEZE!
(hereinafter “BAHAMA BREEZE”), by and through its undersigned counsel, hereby
responds to Plaintiff's First Request for Production served with the Summons and
Complaint, as follows:
1. Any and all documents, statements, incident reports of any kind relating to any
Plaintiff's fall on 2/2/2017 which is the subject of this lawsuit.
RESPONSE: Defendant objects to this Request as it seeks documents and
information protected by the work-product privilege. See Privilege Log filed
separately.
2. Any and all photographs, video, images, diagrams, charts, maps or documents
reflecting the area where the Plaintiff alleges to have fallen.
RESPONSE: Defendant objects to this Request as it seeks documents
protected by the work-product privilege. See Privilege Log filed separately.
' The Defendant is improperly named as DARDEN RESTAURANTS, INC., d/b/a BAHAMA BREEZE
ISLAND GRILLE. The correct corporate entity is Bahama Breeze Holdings, LLC d/b/a Bahama Breeze.
HALICZER PETTIS & SCHWAMM, P.A., ATTORNEYS AT LAW
ONE FINANCIAL PLAZA * SEVENTH FLOOR * FORT LAUDERDALE, FLORIDA 33394 + TEL. (954) 523-9922 + FAX (954) $22-2512
RMAN__CLERK 3/9/2018 3:12:46 PM.****3. All photographs, video or images, depicting the Plaintiff, including any
surveillance images or video depicting Plaintiff while on the subject property on
2/2/2017.
RESPONSE: None.
4. Any and all insurance policies which may provide coverage for any of the claims
asserted by the Plaintiff in this lawsuit.
RESPONSE: Please see the enclosed applicable Declarations Page.
5. Any and all records reflecting all cleaning, maintenance, and/or inspection of the
area of the subject property where the Plaintiff alleges to have fallen for any time
within the seven (7) days prior to Plaintiff’s fall on 2/2/2017.
RESPONSE: Defendant is not aware of any such records.
6. Any and all written or recorded statements, or written summaries of oral statements
taken of any and all witnesses and/or persons having knowledge regarding the
allegations in the Complaint.
RESPONSE: None in Defendant’s possession.
7. Any and all written or recorded statements, or written summaries of oral
statements, obtained from Plaintiff(s).
RESPONSE: Defendant is not aware of any such statements or summaries.
8. A list of all current and accurate addresses along with telephone numbers, if
available, of any and all witnesses and/or persons having knowledge regarding the
allegations in the Complaint.
RESPONSE: Unknown at this time. This Defendant reserves the right to
supplement and/or amend this response as discovery is in its infancy stages.
9. Any records or documents concerning the substance that was on the floor on the
subject property which the Plaintiff alleges to have caused him to fall, including but
not limited to a) what that substance was; b) how the substance got on the floor; and
c) when that substance was spilled or left on the floor.
RESPONSE: Defendant is not in possession of any such records. Defendant
denies that there was a foreign substance on the floor.
HALICZER PETTIS & SCHWAMM, P.A., ATTORNEYS AT LAW
ONE FINANCIAL PLAZA ¢ SEVENTH FLOOR + FORT LAUDERDALE, FLORIDA 33394 © TEL, (954) 523.9922 « FAX (954) 522-251210.
11.
12.
13.
14.
15.
Any records or documents concerning any other instances where a person allegedly
slipped and/or fell while on the subject property at any time within the two (2) years
prior to the subject incident.
RESPONSE: Objection, vague, overly, overly broad, subject to the
work-product doctrine, and not reasonably calculated to lead to the discovery
of admissible evidence.
Any records or documents concerning reprimands or termination of employment of
any employees or individuals related to the subject incident.
RESPONSE: None.
Any and all documents which the Defendant contends support any of the
Affirmative Defenses raised herein.
RESPONSE: None known at this time. This Defendant reserves the right to
supplement and/or amend this response as discovery is in its infancy stages.
Any records or reports from any expert witnesses that Defendant may call to trial
in this matter.
RESPONSE: None. Defendant has not retained an expert at this time.
Any records concerning any prior claims for insurance benefits or personal injuries
asserted by the Plaintiff(s).
RESPONSE: Defendant is not in possession of records requested at this time.
This Defendant reserves the right to supplement and/or amend this response
as discovery is in its infancy stages.
All records or documents reflecting the Defendant’s policies, practices or
procedures in effect as of 2/2/2017 with regard to maintaining the Defendant’s
property in a safe condition, including, but not limited to: cleaning the floors,
inspecting for spills, placing wet floor signs or warning cones.
RESPONSE: Objection, overly broad and not reasonably calculated to lead to
the discovery of admissible evidence. Notwithstanding and without waiving
said objections, this Defendant will agree to produce its Safe & Secure
Manual, Team Member Handbook, and Total Quality Self Evaluation dated
December 13, 2017 subject to the Plaintiff's agreement to execute a
Confidentiality Agreement, a copy of which is attached hereto.
HALICZER PETTIS & SCHWAMM, P.A., ATTORNEYS AT LAW
ONE FINANCIAL PLAZA + SEVENTH FLOOR * FORT LAUDERDALE, FLORIDA 33394» TEL. (954) 523.9922 « FAX (954) 522-2512|
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|
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|
I HEREBY CERTIFY that the foregoing document was electronically filed and
served via Florida’s E-filing Portal this ay ia day of March, 2018, to all parties on the
attached mailing list.
HALICZER PETTIS & SCHWAMM, P.A.
One Financial Plaza, Seventh Floor
100 S.E. 3™ Avenue
Fort Lauderdale, FL 33394
954-523-9922 / 954-522-2512 FAX
E-MAIL: service@hpslegal.com
Attorneys for Defendant
EKP/NSP/me
\\Fi12012\Sys\CASEFOLDERS\1255.0040\RESP-RTP.Docx
HALICZER PETTIS & SCHWAMM, P.A., ATTORNEYS AT LAW
ONE FINANCIAL PLAZA + SEVENTH FLOOR + FORT LAUDERDALE, FLORIDA 33594 + TEL. (954) 523.9922 « FAX (954) 522-2512MAILING LIST
ALEXIS PALEN V. DARDEN, d/b/a BAHAMA BREEZE
CASE NO: 18-001069 (18)
Brian H. Malamud, Esq.
Law Office of Wolf & Pravato
2101 W. Commercial Blvd. - Suite #1500
Ft. Lauderdale, FL 33309
Attorneys for Plaintiff
954-522-5800
954-767-0960 - FAX
E-Mail Designation: brian@wolfandpravato.com;
rich@wolfandpravato.com;
denise@wolfandpravato.com
Preview
Filing # 69067129 E-Filed 03/09/2018 03:12:46 PM 1255.0040 IN THE CIRCUIT COURT OF THE 17™ JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA ALEXIS PALEN, CASE NO: 18-001069 (18) Plaintiff, vs. DARDEN RESTAURANTS, INC., d/b/a BAHAMA BREEZE ISLAND GRILLE, Defendant. / DEFENDANT’S RESPONSE TO PLAINTIFF’S FIRST REQUEST FOR PRODUCTION Defendant, BAHAMA BREEZE HOLDINGS, LLC, d/b/a BAHAMA BREEZE! (hereinafter “BAHAMA BREEZE”), by and through its undersigned counsel, hereby responds to Plaintiff's First Request for Production served with the Summons and Complaint, as follows: 1. Any and all documents, statements, incident reports of any kind relating to any Plaintiff's fall on 2/2/2017 which is the subject of this lawsuit. RESPONSE: Defendant objects to this Request as it seeks documents and information protected by the work-product privilege. See Privilege Log filed separately. 2. Any and all photographs, video, images, diagrams, charts, maps or documents reflecting the area where the Plaintiff alleges to have fallen. RESPONSE: Defendant objects to this Request as it seeks documents protected by the work-product privilege. See Privilege Log filed separately. ' The Defendant is improperly named as DARDEN RESTAURANTS, INC., d/b/a BAHAMA BREEZE ISLAND GRILLE. The correct corporate entity is Bahama Breeze Holdings, LLC d/b/a Bahama Breeze. HALICZER PETTIS & SCHWAMM, P.A., ATTORNEYS AT LAW ONE FINANCIAL PLAZA * SEVENTH FLOOR * FORT LAUDERDALE, FLORIDA 33394 + TEL. (954) 523-9922 + FAX (954) $22-2512 RMAN__CLERK 3/9/2018 3:12:46 PM.****3. All photographs, video or images, depicting the Plaintiff, including any surveillance images or video depicting Plaintiff while on the subject property on 2/2/2017. RESPONSE: None. 4. Any and all insurance policies which may provide coverage for any of the claims asserted by the Plaintiff in this lawsuit. RESPONSE: Please see the enclosed applicable Declarations Page. 5. Any and all records reflecting all cleaning, maintenance, and/or inspection of the area of the subject property where the Plaintiff alleges to have fallen for any time within the seven (7) days prior to Plaintiff’s fall on 2/2/2017. RESPONSE: Defendant is not aware of any such records. 6. Any and all written or recorded statements, or written summaries of oral statements taken of any and all witnesses and/or persons having knowledge regarding the allegations in the Complaint. RESPONSE: None in Defendant’s possession. 7. Any and all written or recorded statements, or written summaries of oral statements, obtained from Plaintiff(s). RESPONSE: Defendant is not aware of any such statements or summaries. 8. A list of all current and accurate addresses along with telephone numbers, if available, of any and all witnesses and/or persons having knowledge regarding the allegations in the Complaint. RESPONSE: Unknown at this time. This Defendant reserves the right to supplement and/or amend this response as discovery is in its infancy stages. 9. Any records or documents concerning the substance that was on the floor on the subject property which the Plaintiff alleges to have caused him to fall, including but not limited to a) what that substance was; b) how the substance got on the floor; and c) when that substance was spilled or left on the floor. RESPONSE: Defendant is not in possession of any such records. Defendant denies that there was a foreign substance on the floor. HALICZER PETTIS & SCHWAMM, P.A., ATTORNEYS AT LAW ONE FINANCIAL PLAZA ¢ SEVENTH FLOOR + FORT LAUDERDALE, FLORIDA 33394 © TEL, (954) 523.9922 « FAX (954) 522-251210. 11. 12. 13. 14. 15. Any records or documents concerning any other instances where a person allegedly slipped and/or fell while on the subject property at any time within the two (2) years prior to the subject incident. RESPONSE: Objection, vague, overly, overly broad, subject to the work-product doctrine, and not reasonably calculated to lead to the discovery of admissible evidence. Any records or documents concerning reprimands or termination of employment of any employees or individuals related to the subject incident. RESPONSE: None. Any and all documents which the Defendant contends support any of the Affirmative Defenses raised herein. RESPONSE: None known at this time. This Defendant reserves the right to supplement and/or amend this response as discovery is in its infancy stages. Any records or reports from any expert witnesses that Defendant may call to trial in this matter. RESPONSE: None. Defendant has not retained an expert at this time. Any records concerning any prior claims for insurance benefits or personal injuries asserted by the Plaintiff(s). RESPONSE: Defendant is not in possession of records requested at this time. This Defendant reserves the right to supplement and/or amend this response as discovery is in its infancy stages. All records or documents reflecting the Defendant’s policies, practices or procedures in effect as of 2/2/2017 with regard to maintaining the Defendant’s property in a safe condition, including, but not limited to: cleaning the floors, inspecting for spills, placing wet floor signs or warning cones. RESPONSE: Objection, overly broad and not reasonably calculated to lead to the discovery of admissible evidence. Notwithstanding and without waiving said objections, this Defendant will agree to produce its Safe & Secure Manual, Team Member Handbook, and Total Quality Self Evaluation dated December 13, 2017 subject to the Plaintiff's agreement to execute a Confidentiality Agreement, a copy of which is attached hereto. HALICZER PETTIS & SCHWAMM, P.A., ATTORNEYS AT LAW ONE FINANCIAL PLAZA + SEVENTH FLOOR * FORT LAUDERDALE, FLORIDA 33394» TEL. (954) 523.9922 « FAX (954) 522-2512| | | | | I HEREBY CERTIFY that the foregoing document was electronically filed and served via Florida’s E-filing Portal this ay ia day of March, 2018, to all parties on the attached mailing list. HALICZER PETTIS & SCHWAMM, P.A. One Financial Plaza, Seventh Floor 100 S.E. 3™ Avenue Fort Lauderdale, FL 33394 954-523-9922 / 954-522-2512 FAX E-MAIL: service@hpslegal.com Attorneys for Defendant EKP/NSP/me \\Fi12012\Sys\CASEFOLDERS\1255.0040\RESP-RTP.Docx HALICZER PETTIS & SCHWAMM, P.A., ATTORNEYS AT LAW ONE FINANCIAL PLAZA + SEVENTH FLOOR + FORT LAUDERDALE, FLORIDA 33594 + TEL. (954) 523.9922 « FAX (954) 522-2512MAILING LIST ALEXIS PALEN V. DARDEN, d/b/a BAHAMA BREEZE CASE NO: 18-001069 (18) Brian H. Malamud, Esq. Law Office of Wolf & Pravato 2101 W. Commercial Blvd. - Suite #1500 Ft. Lauderdale, FL 33309 Attorneys for Plaintiff 954-522-5800 954-767-0960 - FAX E-Mail Designation: brian@wolfandpravato.com; rich@wolfandpravato.com; denise@wolfandpravato.com