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Filing # 59665763 E-Filed 07/28/2017 02:21:13 PM
IN THE CIRCUIT COURT OF THE 17"
JUDICIAL CIRCUIT IN AND FOR
BROWARD COUNTY, FLORIDA
RONALD VOHS, CASE NO.: 17-007673 CACE 05
Plaintiff,
v.
JOSIMAR’S CLEANING SERVICES
CORP., INDUSTRIAL CABLE
COMMUNICATIONS SERVICES, INC.,
AND COMCAST OF COLORADO/FLORIDA/
MICHIGAN/NEW MEXICO/PENNSYLVANIA
/WASHINGTON, LLC,
Defendants.
/
DEFENDANT’S RESPONSE TO PLAINTIFF’S REQUEST FOR ADMISSIONS
The Defendant, COMCAST OF COLORADO / FLORIDA / MICHIGAN / NEW
MEXICO / PENNSYLVANIA / WASHINGTON, LLC, by and through the undersigned counsel
and pursuant to the applicable Florida Rules of Civil Procedure, hereby files its Response to
Plaintiffs’ Request for Admissions as follows:
1. You were properly named in the Complaint.
ANSWER:
Denied that Defendant, COMCAST OF COLORADO / FLORIDA / MICHIGAN /
NEW MEXICO / PENNSYLVANIA / WASHINGTON, LLC was not properly named.
2. ‘Venue is Appropriate.
ANSWER:
Admitted
3. The Court has jurisdiction over the parties.
ANSWER:
Admitted
4. The Plaintiff, RONALD VOHS, was not negligent in causing the incident alleged in the
Complaint.
ANSWER:
Denied
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 7/28/2017 2:21:12 PM.****5. At the time and place of the subject accident, incident or event described in the Complaint,
you did not bury or cause to be buried the subject Comcast Cable wire.
ANSWER:
Admitted that at the time and place of the subject accident, incident or event
described in the Complaint, Defendant DID NOT bury the subject Comcast Cable wire;
otherwise, Denied.
6. That Plaintiff, RONALD VOHS, suffered a permanent injury as a result of the incident
which is the subject of this lawsuit.
ANSWER:
Denied.
7. That the Plaintiff, RONAL VOHS, was injured in the incident which is the subject of this
lawsuit.
ANSWER:
Denied.
8. Josimar Oliverira performed cable installation, repair and/or maintenance work for
Comcast customers at the time of the subject incident.
ANSWER:
Denied.
9. Josimar’s Cleaning Services Corp. provided cable installation, repair, and/or maintenance
work to Comcast customers at the time of the subject incident.
ANSWER:
Denied.
10. You owed a duty of reasonable care to hire competent contractors to perform cable
installation, repair and/or maintenance work to your customers.
ANSWER:
Objection. This request calls for a legal conclusion. Subject to and without waving the
foregoing objection, Defendant admits that Florida law defined the duty the Defendant owes
to its customers and Defendant denies any allegations inconsistent with Florida law.
11. On or about January 8, 2016, the Plaintiff, RONALD VOHS, was lawfully on the premises
where the subject accident took place.
ANSWER:
Denied.
12. You did not conduct inspections of the job site where the subject accident, incident, or
event described in the Complaint took place, prior to the date of the subject accident.
ANSWER:
Objection, this request for admission is vague.13. The condition set forth in the Complaint, to wit: the exposed cable wire, was created as a
result of you, your employees, agents, or contractor’s acts and/or omissions.
ANSWER:
Denied.
14. You allowed the exposed cable to exist on the subject premises so that Plaintiff fell.
ANSWER:
Denied.
15. The dangerous condition, to wit: the exposed cable wire, was known to you or had existed
for a sufficient length of time so that you should have known of it.
ANSWER:
Denied.
16. You, you employees, agents and/or contractors failed to warn Plaintiff, RONALD VOHS,
of the aforesaid, dangerous and unsafe condition.
ANSWER:
Denied.
17. Atthe date and time of the incident alleged in the Complaint, JOSIMAR OLIVEIRA and/or
JOSIMAR’S CLEANING SERVICES CORP. did not possess adequate training to perform cable
work safely.
ANSWER:
Denied.
18. Atthe date and time of the incident alleged in the Complaint, JOSIMAR OLIVEIRA and/or
JOSIMAR’S CLEANING SERVICES CORP. did not possess adequate knowledge to perform
cable safety work.
ANSWER:
19. Atthe date and time of the incident alleged in the Complaint, JOSIMAR OLIVEIRA and/or
JOSIMAR’S CLEANING SERVICES CORP. did not possess adequate experience to perform
cable work safely.
ANSWER:
Denied.
20. You did not provide any warnings to Plaintiff, RONALD VOHS, with respect to any
conditions on the subject premises on or before January 8, 2016.
ANSWER:
Denied.
21. At the date and time of the incident alleged in the Complaint, Plaintiff, RONALD VOHS,
fell as a result of the exposed cable wire on the ground.ANSWER:
Denied.
22. “You have a visual recording, whether still or showing motion, of Plaintiff, RONALD
VOHS.
ANSWER:
Admitted that Defendant has photographs of Plaintiff that were provided by
Plaintiff's Counsel; otherwise, Denied.
23. All recordings of Plaintiff made by you, if any, remain available to you.
ANSWER:
Denied. Defendant made no recordings of Plaintiff.
24. Plaintiff incurred medical expenses as a result of the fall which is the subject of this lawsuit.
ANSWER:
Denied.
25. You are not being defended in this case pursuant to a reservation of rights.
ANSWER:
Admitted.
CERTIFICATE OF SERVICE
WE HEREBY CERTIFY that a true and correct copy of the foregoing was furnished
via electronic mail this 28" day of July, 2017, to: Yeemee Chan, Esq., Steinger, Iscoe & Greene,
P.A., 2400 E. Commercial Blvd., Suite 900, Ft. Lauderdale, FL 33308.
17.11718/PAD/SM.
RUDD & DIAMOND, P.A.
Attorneys for Defendant, Comcast
4000 Hollywood Blvd.
Presidential Circle, Suite 120-N
Hollywood, FL 33021
Tel. (954) 961-5059
Fax. (954) 961-8953
service@rudddiamond.com
By: /s/
Michael P. Rudd
FL Bar No.: 782416
And
Peter A. Diamond
FL Bar No.: 0180051
Preview
Filing # 59665763 E-Filed 07/28/2017 02:21:13 PM IN THE CIRCUIT COURT OF THE 17" JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA RONALD VOHS, CASE NO.: 17-007673 CACE 05 Plaintiff, v. JOSIMAR’S CLEANING SERVICES CORP., INDUSTRIAL CABLE COMMUNICATIONS SERVICES, INC., AND COMCAST OF COLORADO/FLORIDA/ MICHIGAN/NEW MEXICO/PENNSYLVANIA /WASHINGTON, LLC, Defendants. / DEFENDANT’S RESPONSE TO PLAINTIFF’S REQUEST FOR ADMISSIONS The Defendant, COMCAST OF COLORADO / FLORIDA / MICHIGAN / NEW MEXICO / PENNSYLVANIA / WASHINGTON, LLC, by and through the undersigned counsel and pursuant to the applicable Florida Rules of Civil Procedure, hereby files its Response to Plaintiffs’ Request for Admissions as follows: 1. You were properly named in the Complaint. ANSWER: Denied that Defendant, COMCAST OF COLORADO / FLORIDA / MICHIGAN / NEW MEXICO / PENNSYLVANIA / WASHINGTON, LLC was not properly named. 2. ‘Venue is Appropriate. ANSWER: Admitted 3. The Court has jurisdiction over the parties. ANSWER: Admitted 4. The Plaintiff, RONALD VOHS, was not negligent in causing the incident alleged in the Complaint. ANSWER: Denied *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 7/28/2017 2:21:12 PM.****5. At the time and place of the subject accident, incident or event described in the Complaint, you did not bury or cause to be buried the subject Comcast Cable wire. ANSWER: Admitted that at the time and place of the subject accident, incident or event described in the Complaint, Defendant DID NOT bury the subject Comcast Cable wire; otherwise, Denied. 6. That Plaintiff, RONALD VOHS, suffered a permanent injury as a result of the incident which is the subject of this lawsuit. ANSWER: Denied. 7. That the Plaintiff, RONAL VOHS, was injured in the incident which is the subject of this lawsuit. ANSWER: Denied. 8. Josimar Oliverira performed cable installation, repair and/or maintenance work for Comcast customers at the time of the subject incident. ANSWER: Denied. 9. Josimar’s Cleaning Services Corp. provided cable installation, repair, and/or maintenance work to Comcast customers at the time of the subject incident. ANSWER: Denied. 10. You owed a duty of reasonable care to hire competent contractors to perform cable installation, repair and/or maintenance work to your customers. ANSWER: Objection. This request calls for a legal conclusion. Subject to and without waving the foregoing objection, Defendant admits that Florida law defined the duty the Defendant owes to its customers and Defendant denies any allegations inconsistent with Florida law. 11. On or about January 8, 2016, the Plaintiff, RONALD VOHS, was lawfully on the premises where the subject accident took place. ANSWER: Denied. 12. You did not conduct inspections of the job site where the subject accident, incident, or event described in the Complaint took place, prior to the date of the subject accident. ANSWER: Objection, this request for admission is vague.13. The condition set forth in the Complaint, to wit: the exposed cable wire, was created as a result of you, your employees, agents, or contractor’s acts and/or omissions. ANSWER: Denied. 14. You allowed the exposed cable to exist on the subject premises so that Plaintiff fell. ANSWER: Denied. 15. The dangerous condition, to wit: the exposed cable wire, was known to you or had existed for a sufficient length of time so that you should have known of it. ANSWER: Denied. 16. You, you employees, agents and/or contractors failed to warn Plaintiff, RONALD VOHS, of the aforesaid, dangerous and unsafe condition. ANSWER: Denied. 17. Atthe date and time of the incident alleged in the Complaint, JOSIMAR OLIVEIRA and/or JOSIMAR’S CLEANING SERVICES CORP. did not possess adequate training to perform cable work safely. ANSWER: Denied. 18. Atthe date and time of the incident alleged in the Complaint, JOSIMAR OLIVEIRA and/or JOSIMAR’S CLEANING SERVICES CORP. did not possess adequate knowledge to perform cable safety work. ANSWER: 19. Atthe date and time of the incident alleged in the Complaint, JOSIMAR OLIVEIRA and/or JOSIMAR’S CLEANING SERVICES CORP. did not possess adequate experience to perform cable work safely. ANSWER: Denied. 20. You did not provide any warnings to Plaintiff, RONALD VOHS, with respect to any conditions on the subject premises on or before January 8, 2016. ANSWER: Denied. 21. At the date and time of the incident alleged in the Complaint, Plaintiff, RONALD VOHS, fell as a result of the exposed cable wire on the ground.ANSWER: Denied. 22. “You have a visual recording, whether still or showing motion, of Plaintiff, RONALD VOHS. ANSWER: Admitted that Defendant has photographs of Plaintiff that were provided by Plaintiff's Counsel; otherwise, Denied. 23. All recordings of Plaintiff made by you, if any, remain available to you. ANSWER: Denied. Defendant made no recordings of Plaintiff. 24. Plaintiff incurred medical expenses as a result of the fall which is the subject of this lawsuit. ANSWER: Denied. 25. You are not being defended in this case pursuant to a reservation of rights. ANSWER: Admitted. CERTIFICATE OF SERVICE WE HEREBY CERTIFY that a true and correct copy of the foregoing was furnished via electronic mail this 28" day of July, 2017, to: Yeemee Chan, Esq., Steinger, Iscoe & Greene, P.A., 2400 E. Commercial Blvd., Suite 900, Ft. Lauderdale, FL 33308. 17.11718/PAD/SM. RUDD & DIAMOND, P.A. Attorneys for Defendant, Comcast 4000 Hollywood Blvd. Presidential Circle, Suite 120-N Hollywood, FL 33021 Tel. (954) 961-5059 Fax. (954) 961-8953 service@rudddiamond.com By: /s/ Michael P. Rudd FL Bar No.: 782416 And Peter A. Diamond FL Bar No.: 0180051