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Filing # 60187776 E-Filed 08/09/2017 03:55:00 PM
IN THE CIRCUIT COURT FOR THE NINTH JUDICIAL CIRCUIT
IN AND FOR ORANGE COUNTY, FLORIDA
JANET B. ROBITZSCH and, CASE NO.: 2017-CA-004581-O
KENNETH ROBITZSCH,
Plaintiffs,
v.
WALT DISNEY PARKS AND RESORTS
U.S., INC., a Florida corporation,
Defendant.
_______________________________/
DEFENDANT, WALT DISNEY PARKS AND RESORTS U.S., INC.'S, AMENDED
RESPONSE TO PLAINTIFFS' FIRST REQUEST TO PRODUCE
(AMENDMENT TO NO. 4 ONLY)
Defendant, WALT DISNEY PARKS AND RESORTS U.S., INC. ("WDPR") by
and through its undersigned counsel and pursuant to Florida Rule of Civil Procedure
1.350, hereby responds to Plaintiffs' First Request to Produce served concurrently with
the complaint, and would state as follows:
REQUEST NO. 1
Any and all polices of insurance issued to the Defendant which do, or may,
provide insurance coverage to said Defendant on account of the incident referred to in
the Complaint herein.
RESPONSE:
WDPR is self-insured for any amount that would be reasonably and foreseeably
awarded in this matter even if Plaintiff was to prove liability, which is denied, and it is
believed that the damages in this case, if any, will not exceed such limits.
REQUEST NO. 2
Any and all statements, whether written or transcribed, or notes or memoranda
thereof, made to the Defendant or anyone representing or on behalf of any Defendant
and made by the Plaintiffs herein.
RESPONSE:
After a reasonable investigation of where such items are typically kept, WDPR is
unaware of any handwritten or recorded statements of the Plaintiffs. See WDPR's
Amended Privilege Log for Confidential Incidents Reports created in anticipation of a
claim or litigation thereby constituting attorney work product by Robert Price*, Benjamin
Golden*, and Willard Augspurger*.
* The above witnesses are current employees of WDPR and may only be
contacted through undersigned counsel for WDPR.
REQUEST NO. 3
Any and all statements, whether written or transcribed, or notes or memoranda
thereof, made to the Defendant or anyone representing or on behalf of any Defendant,
and made by any witnesses.
RESPONSE:
Objection. This Request seeks information protected by the work product
doctrine. Subject to and without waiving the foregoing objection and after a reasonable
investigation of where such items are typically kept, WDPR is unaware of any
handwritten or recorded statements of any eyewitnesses to the alleged incident.
REQUEST NO. 4
Any and all photographs, motion pictures, or drawings of the Plaintiffs herein,
which were made by the Defendant anyone representing or on behalf of any Defendant.
RESPONSE:
After a reasonable investigation of where such items are typically kept, WDPR
has 9 color photographs of the area of the alleged incident taken in anticipation of a
claim or litigation there constituting attorney work product. See WDPR Amended
2
Privilege Log. WDPR is unaware of any photographs, motion pictures or drawings of
the Plaintiffs. Discovery is ongoing.
REQUEST NO. 5
Any and all repair estimates of the amusement ride owned by Defendant for
damage to the ride as the result of the accident.
RESPONSE:
N/A. The alleged incident described in the Complaint did not involve an
amusement ride.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on August 9, 2017, I electronically filed the foregoing
with the Clerk of Court via the Florida Courts E-Filing Portal which will send a Notice of
Electronic Filing to the following: Christopher D. Russo, Esq., Moody Law, P.A.,
P.O. Box 266, Bartow, FL 33831-0266 (Chris@Moodylaw.com) (Plaintiff).
/S/ Bradley P. Blystone
BRADLEY P. BLYSTONE, ESQ.
Florida Bar No.: 894109
Marshall, Dennehey, Warner,
Coleman & Goggin
315 E. Robinson Street, Suite 550
Orlando, Florida 32801
Telephone: 407/420-4404
Fax: 407/839-3008
Email: bpblystone@mdwcg.com
Attorneys for Defendant,
Walt Disney Parks and Resorts U.S.,
Inc.
LEGAL/111666964.v1
3
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Filing # 60187776 E-Filed 08/09/2017 03:55:00 PM IN THE CIRCUIT COURT FOR THE NINTH JUDICIAL CIRCUIT IN AND FOR ORANGE COUNTY, FLORIDA JANET B. ROBITZSCH and, CASE NO.: 2017-CA-004581-O KENNETH ROBITZSCH, Plaintiffs, v. WALT DISNEY PARKS AND RESORTS U.S., INC., a Florida corporation, Defendant. _______________________________/ DEFENDANT, WALT DISNEY PARKS AND RESORTS U.S., INC.'S, AMENDED RESPONSE TO PLAINTIFFS' FIRST REQUEST TO PRODUCE (AMENDMENT TO NO. 4 ONLY) Defendant, WALT DISNEY PARKS AND RESORTS U.S., INC. ("WDPR") by and through its undersigned counsel and pursuant to Florida Rule of Civil Procedure 1.350, hereby responds to Plaintiffs' First Request to Produce served concurrently with the complaint, and would state as follows: REQUEST NO. 1 Any and all polices of insurance issued to the Defendant which do, or may, provide insurance coverage to said Defendant on account of the incident referred to in the Complaint herein. RESPONSE: WDPR is self-insured for any amount that would be reasonably and foreseeably awarded in this matter even if Plaintiff was to prove liability, which is denied, and it is believed that the damages in this case, if any, will not exceed such limits. REQUEST NO. 2 Any and all statements, whether written or transcribed, or notes or memoranda thereof, made to the Defendant or anyone representing or on behalf of any Defendant and made by the Plaintiffs herein. RESPONSE: After a reasonable investigation of where such items are typically kept, WDPR is unaware of any handwritten or recorded statements of the Plaintiffs. See WDPR's Amended Privilege Log for Confidential Incidents Reports created in anticipation of a claim or litigation thereby constituting attorney work product by Robert Price*, Benjamin Golden*, and Willard Augspurger*. * The above witnesses are current employees of WDPR and may only be contacted through undersigned counsel for WDPR. REQUEST NO. 3 Any and all statements, whether written or transcribed, or notes or memoranda thereof, made to the Defendant or anyone representing or on behalf of any Defendant, and made by any witnesses. RESPONSE: Objection. This Request seeks information protected by the work product doctrine. Subject to and without waiving the foregoing objection and after a reasonable investigation of where such items are typically kept, WDPR is unaware of any handwritten or recorded statements of any eyewitnesses to the alleged incident. REQUEST NO. 4 Any and all photographs, motion pictures, or drawings of the Plaintiffs herein, which were made by the Defendant anyone representing or on behalf of any Defendant. RESPONSE: After a reasonable investigation of where such items are typically kept, WDPR has 9 color photographs of the area of the alleged incident taken in anticipation of a claim or litigation there constituting attorney work product. See WDPR Amended 2 Privilege Log. WDPR is unaware of any photographs, motion pictures or drawings of the Plaintiffs. Discovery is ongoing. REQUEST NO. 5 Any and all repair estimates of the amusement ride owned by Defendant for damage to the ride as the result of the accident. RESPONSE: N/A. The alleged incident described in the Complaint did not involve an amusement ride. CERTIFICATE OF SERVICE I HEREBY CERTIFY that on August 9, 2017, I electronically filed the foregoing with the Clerk of Court via the Florida Courts E-Filing Portal which will send a Notice of Electronic Filing to the following: Christopher D. Russo, Esq., Moody Law, P.A., P.O. Box 266, Bartow, FL 33831-0266 (Chris@Moodylaw.com) (Plaintiff). /S/ Bradley P. Blystone BRADLEY P. BLYSTONE, ESQ. Florida Bar No.: 894109 Marshall, Dennehey, Warner, Coleman & Goggin 315 E. Robinson Street, Suite 550 Orlando, Florida 32801 Telephone: 407/420-4404 Fax: 407/839-3008 Email: bpblystone@mdwcg.com Attorneys for Defendant, Walt Disney Parks and Resorts U.S., Inc. LEGAL/111666964.v1 3