Preview
Filing # 105529485 E-Filed 03/27/2020 11:03:06 AM
IN THE CIRCUIT COURT OF THE
ELEVENTH JUDICIAL CIRCUIT, IN AND
FOR MIAMI-DADE COUNTY, FLORIDA
YVETTE BONHEUR, as Personal CASE NO.: 18-34416 CA 01
Representative of the Estate of LEGITIME
ELISBRUN,
Plaintiff,
vs.
FLORIDA POWER & LIGHT COMPANY,
and LEWIS TREE SERVICE, INC.
Defendants.
__________________________________/
PLAINTIFF=S RESPONSE TO WRONGFUL DEATH REQUEST TO PRODUCE
[Please note that the numbering sequence is as listed on the request]
Plaintiff, through undersigned counsel, and pursuant to Rule 1.350 of the Florida Rules
of Civil Procedure, files her Response to Defendant’s, LEWIS TREE SERVICE, INC.,
Wrongful Death Request to Produce dated March 2, 2020:
1. Autopsy report for the decedent.
Response: None.
1. Death certificate for the decedent.
Response: Provided herewith.
2. Copies of all marriage certificates of the decedent.
Response: Provided herewith.
3. All adoption documents with respect to each survivor claiming damages in this
lawsuit.
Response: Not applicable.
4. Probate file of the decedent, including but not limited to the court order
appointing the Personal Representative of the Estate.
Response: Provided herewith.
FR EIDIN BR OWN , P . A.
One Biscayne Tower, Suite 3100, 2 South Biscayne Boulevard, Miami, FL 33131,Phone: 305.371.3666, Fax: 305.371.6725
5. Birth certificate of the decedent.
Response: Plaintiff is searching for the birth certificate of decedent.
6. Birth certificates of the decedent’s survivors.
Response: Plaintiff is searching for the birth certificates of survivors.
7. All divorce decrees pertaining to the decedent.
Response: None.
8. Federal Income Tax Returns and W-2 Forms for the years 2015, 2016, 2017 and
2018, including individual and joint tax returns.
Response: Refer to courtesy copies of 2015-present tax documentation in
Plaintiff’s possession sent via Dropbox to Mr. Wilensky on March 2, 2020 by my
assistant, Yvonne Gomez. Please advise if you require additional copies.
9. Federal Income Tax Returns for the years 2015, 2016, 2017 and 2018 filed for
any business or corporation in which the decedent or the Plaintiff has or had an
ownership or financial interest.
Response: None.
10. The decedent’s estate tax returns, both federal and state.
Response: None.
11. All gift tax returns filed by the decedent during the last ten (10) years of his life.
Response: None.
12. All financial statements prepared by the decedent for use by banks, lending
institutions, mortgage brokers, etcetera during the past five (5) years.
Response: None.
13. Cover sheets of all life insurance policies in effect on the date of the decedent’s
demise.
Response: See Variable Annuity Statement, provided herewith.
FR EIDIN BR OWN , P . A.
One Biscayne Tower, Suite 3100, 2 South Biscayne Boulevard, Miami, FL 33131,Phone: 305.371.3666, Fax: 305.371.6725
14. Cover sheets of any and all health insurance policies in effect on the date of the
decedent’s demise.
Response: See copy of Aetna insurance card, provided herewith.
15. Laser copies of all photographs that are pertinent to the event sued upon,
including but not limited to, copies of the photographs depicting the location of the
incident at or around the time of the accident, the decedent before and after demise,
photographs evidencing accomplishments of the decedent taken within five (5) years
preceding his demise, and photographs including but not limited to those contained in
family albums which will or may be used at trial in this matter.
Response: Refer to courtesy copies of photographs in Plaintiff’s possession
sent via Dropbox to Mr. Wilensky on March 2, 2020 by my assistant, Yvonne
Gomez. Please advise if you require additional copies.
Refer to Plaintiff’s Privilege Log as it refers to photographs under
work product privilege.
16. Any and all videotapes that are pertinent to the event sued upon, including but
not limited to, video of the location of the incident at or around the time of the accident,
the decedent before or after demise, and videotapes evidencing accomplishment of the
decedent taken within five (5) years preceding his demise.
Response: Refer to Plaintiff’s Privilege Log as it refers to videos under work
product privilege.
17. Medical records of the decedent for the five (5) years preceding his demise.
Response: Refer to courtesy copies of medical records in Plaintiff’s possession
sent via Dropbox to Mr. Wilensky on March 2, 2020 by my assistant, Yvonne
Gomez. Please advise if you require additional copies. Additionally, Plaintiff
has obtained approximately 9k pages of medical records from Aventura
Hospital. Please advise the undersigned if you would like to receive these copies
– copying fee will apply.
18. All medical bills and statements, including but not limited to, statements of
physicians, hospitals, and other institutions or individuals providing care and treatment
to the decedent from the date of the event sued upon until demise.
Response: Refer to courtesy copies of medical bills in Plaintiff’s possession
sent via Dropbox to Mr. Wilensky on March 2, 2020 by my assistant, Yvonne
Gomez. Please advise if you require additional copies. See additional medical
bills received by Plaintiff, provided herewith.
FR EIDIN BR OWN , P . A.
One Biscayne Tower, Suite 3100, 2 South Biscayne Boulevard, Miami, FL 33131,Phone: 305.371.3666, Fax: 305.371.6725
19. All documentary evidence of benefits available to or payments made to Plaintiff
or any survivor, or on the Plaintiff’s behalf as defined by §627.736 and §627.737 Fla.
Stat., and its subparts.
Response: None in Plaintiff’s possession at this time. Refer to Numbers 13 and
14.
20. All statements made by this Defendant, its agents or employees, that are in
possession or control of the Plaintiff, Plaintiff’s attorneys, Plaintiff’s servants or agents,
regarding the incident complained of or in any way relating to the issues raised by the
Complaint.
Response: None in Plaintiff’s possession.
21. All invoices, bills and documents reflecting expenses incurred for the funeral and
burial of the deceased.
Response: Provided herewith.
22. All documents which support any survivor’s claim for the loss of the deceased’s
services, support, care, company and consortium.
Response: Refer to Numbers 1, 8, 15 and 17.
23. All degrees, diplomas or certificates of achievement or competency of the
deceased.
Response: None.
24. Certificates of title for all property, real or personal that was in the name of the
decedent either individually or with others.
Response: Plaintiff is searching for home title.
25. The Will of the decedent.
Response: None.
26. All inventories of property or assets of the estate of the decedent.
Response: Objection. Estate Inventory is confidential, per F.S. 733.604.
Subject to and without waiving said objection: Refer to CD provided herewith
containing the redacted Estate Inventory.
FR EIDIN BR OWN , P . A.
One Biscayne Tower, Suite 3100, 2 South Biscayne Boulevard, Miami, FL 33131,Phone: 305.371.3666, Fax: 305.371.6725
27. All documents in possession of the Plaintiff, the Plaintiff’s agents and the
Plaintiff’s attorneys, which support the allegation that this Defendant was in any way
negligent and that such negligence resulted in or contributed to the death of the
decedent.
Response: Refer to Numbers 1, 15 and 17. Discovery is ongoing.
28. Any and all notices of intent to collect damages from any named defendant
herein or any non-party directed towards any provider of collateral source payments
pursuant to Florida Statute §768.76(6). Please also include proof that the notice was
sent by certified or registered mail.
Response: None at this time.
29. Any statements or correspondence from providers of collateral source payments
which assert a right to subrogation or reimbursement pursuant to Florida Statute
§768.76(7),
Response: None at this time.
30. Any correspondence sent to or received by the decedent or the Plaintiff from any
Defendant. This request does not include any correspondence with any attorneys and
is strictly limited to any correspondence between the named parties in this litigation.
Response: Objection. Overbroad, vague, ambiguous.
31. Any audiotapes which are in anyway related to the subject matter of this lawsuit.
Response: Objection. Vague, overbroad, ambiguous as phrased and may call for
the production of privileged material.
32. All reports from any experts the Plaintiff intends to call at the time of trial and
copies of all documents those experts have reviewed in preparation for rendering any
opinions in this case.
Response: Not applicable, as Plaintiff has not yet determined what expert(s) will
be called at trial.
33. The Plaintiff’s Social Security Personal Earnings and Benefits Statement.
Response: None in Plaintiff’s possession.
34. Any and all settlement agreements and releases with any individual or
corporation that in anyway relate to or arise out of the allegations that are the subject of
this litigation.
FR EIDIN BR OWN , P . A.
One Biscayne Tower, Suite 3100, 2 South Biscayne Boulevard, Miami, FL 33131,Phone: 305.371.3666, Fax: 305.371.6725
Response: Objection. Calls for the production of irrelevant and inadmissible
documents. In addition, settlement agreements and releases are confidential.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the above and foregoing
has been furnished by Electronic Mail on this 27th day of March, 2020 to the following
recipients:
Robert E. Boan, Esquire Michael K. Wilensky, Esquire
Angelica Torrents Roque, Esquire CONROY SIMBERG
FLORIDA POWER & LIGHT 3440 Hollywood Boulevard
COMPANY 2nd Floor
LAW DEPARTMENT Hollywood, Florida 33021
4200 West Flagler Street Telephone: (954) 518-1221
LAW/SCS – Second Floor mwilensky@conroysimberg.com
Miami, Florida 33134 ddemarais@conroysimberg.com
Telephone: (305) 442-5115 Counsel for Lewis Tree Services, Inc.
robert.boan@fpl.com
angelica.roque@fpl.com
miriam.corzo.garcia@fpl.com
Counsel for Florida Power & Light
Steven M. Singer, Esquire
STEVEN M. SINGER, P.A.
7901 SW 6th Court
Suite 305
Plantation, FL 33324
steven.m.singerpa@gmail.com
Co-counsel for Plaintiff
FREIDIN BROWN P.A.
Counsel for Plaintiff
One Biscayne Tower, Suite 3100
2 South Biscayne Boulevard
Miami, FL 33131
Phone (305) 371-3666
Facsimile: (305) 371-6725
By: /s/ Joel H. Brown
JOEL H. BROWN
Florida Bar No.: 131231
JONATHAN FREIDIN
Florida Bar No: 098955
jhb@fblawyers.net
jf@fblawyners.net
yg@fblawyers.net
pleadings@fblawyers.net
FR EIDIN BR OWN , P . A.
One Biscayne Tower, Suite 3100, 2 South Biscayne Boulevard, Miami, FL 33131,Phone: 305.371.3666, Fax: 305.371.6725
Preview
Filing # 105529485 E-Filed 03/27/2020 11:03:06 AM IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT, IN AND FOR MIAMI-DADE COUNTY, FLORIDA YVETTE BONHEUR, as Personal CASE NO.: 18-34416 CA 01 Representative of the Estate of LEGITIME ELISBRUN, Plaintiff, vs. FLORIDA POWER & LIGHT COMPANY, and LEWIS TREE SERVICE, INC. Defendants. __________________________________/ PLAINTIFF=S RESPONSE TO WRONGFUL DEATH REQUEST TO PRODUCE [Please note that the numbering sequence is as listed on the request] Plaintiff, through undersigned counsel, and pursuant to Rule 1.350 of the Florida Rules of Civil Procedure, files her Response to Defendant’s, LEWIS TREE SERVICE, INC., Wrongful Death Request to Produce dated March 2, 2020: 1. Autopsy report for the decedent. Response: None. 1. Death certificate for the decedent. Response: Provided herewith. 2. Copies of all marriage certificates of the decedent. Response: Provided herewith. 3. All adoption documents with respect to each survivor claiming damages in this lawsuit. Response: Not applicable. 4. Probate file of the decedent, including but not limited to the court order appointing the Personal Representative of the Estate. Response: Provided herewith. FR EIDIN BR OWN , P . A. One Biscayne Tower, Suite 3100, 2 South Biscayne Boulevard, Miami, FL 33131,Phone: 305.371.3666, Fax: 305.371.6725 5. Birth certificate of the decedent. Response: Plaintiff is searching for the birth certificate of decedent. 6. Birth certificates of the decedent’s survivors. Response: Plaintiff is searching for the birth certificates of survivors. 7. All divorce decrees pertaining to the decedent. Response: None. 8. Federal Income Tax Returns and W-2 Forms for the years 2015, 2016, 2017 and 2018, including individual and joint tax returns. Response: Refer to courtesy copies of 2015-present tax documentation in Plaintiff’s possession sent via Dropbox to Mr. Wilensky on March 2, 2020 by my assistant, Yvonne Gomez. Please advise if you require additional copies. 9. Federal Income Tax Returns for the years 2015, 2016, 2017 and 2018 filed for any business or corporation in which the decedent or the Plaintiff has or had an ownership or financial interest. Response: None. 10. The decedent’s estate tax returns, both federal and state. Response: None. 11. All gift tax returns filed by the decedent during the last ten (10) years of his life. Response: None. 12. All financial statements prepared by the decedent for use by banks, lending institutions, mortgage brokers, etcetera during the past five (5) years. Response: None. 13. Cover sheets of all life insurance policies in effect on the date of the decedent’s demise. Response: See Variable Annuity Statement, provided herewith. FR EIDIN BR OWN , P . A. One Biscayne Tower, Suite 3100, 2 South Biscayne Boulevard, Miami, FL 33131,Phone: 305.371.3666, Fax: 305.371.6725 14. Cover sheets of any and all health insurance policies in effect on the date of the decedent’s demise. Response: See copy of Aetna insurance card, provided herewith. 15. Laser copies of all photographs that are pertinent to the event sued upon, including but not limited to, copies of the photographs depicting the location of the incident at or around the time of the accident, the decedent before and after demise, photographs evidencing accomplishments of the decedent taken within five (5) years preceding his demise, and photographs including but not limited to those contained in family albums which will or may be used at trial in this matter. Response: Refer to courtesy copies of photographs in Plaintiff’s possession sent via Dropbox to Mr. Wilensky on March 2, 2020 by my assistant, Yvonne Gomez. Please advise if you require additional copies. Refer to Plaintiff’s Privilege Log as it refers to photographs under work product privilege. 16. Any and all videotapes that are pertinent to the event sued upon, including but not limited to, video of the location of the incident at or around the time of the accident, the decedent before or after demise, and videotapes evidencing accomplishment of the decedent taken within five (5) years preceding his demise. Response: Refer to Plaintiff’s Privilege Log as it refers to videos under work product privilege. 17. Medical records of the decedent for the five (5) years preceding his demise. Response: Refer to courtesy copies of medical records in Plaintiff’s possession sent via Dropbox to Mr. Wilensky on March 2, 2020 by my assistant, Yvonne Gomez. Please advise if you require additional copies. Additionally, Plaintiff has obtained approximately 9k pages of medical records from Aventura Hospital. Please advise the undersigned if you would like to receive these copies – copying fee will apply. 18. All medical bills and statements, including but not limited to, statements of physicians, hospitals, and other institutions or individuals providing care and treatment to the decedent from the date of the event sued upon until demise. Response: Refer to courtesy copies of medical bills in Plaintiff’s possession sent via Dropbox to Mr. Wilensky on March 2, 2020 by my assistant, Yvonne Gomez. Please advise if you require additional copies. See additional medical bills received by Plaintiff, provided herewith. FR EIDIN BR OWN , P . A. One Biscayne Tower, Suite 3100, 2 South Biscayne Boulevard, Miami, FL 33131,Phone: 305.371.3666, Fax: 305.371.6725 19. All documentary evidence of benefits available to or payments made to Plaintiff or any survivor, or on the Plaintiff’s behalf as defined by §627.736 and §627.737 Fla. Stat., and its subparts. Response: None in Plaintiff’s possession at this time. Refer to Numbers 13 and 14. 20. All statements made by this Defendant, its agents or employees, that are in possession or control of the Plaintiff, Plaintiff’s attorneys, Plaintiff’s servants or agents, regarding the incident complained of or in any way relating to the issues raised by the Complaint. Response: None in Plaintiff’s possession. 21. All invoices, bills and documents reflecting expenses incurred for the funeral and burial of the deceased. Response: Provided herewith. 22. All documents which support any survivor’s claim for the loss of the deceased’s services, support, care, company and consortium. Response: Refer to Numbers 1, 8, 15 and 17. 23. All degrees, diplomas or certificates of achievement or competency of the deceased. Response: None. 24. Certificates of title for all property, real or personal that was in the name of the decedent either individually or with others. Response: Plaintiff is searching for home title. 25. The Will of the decedent. Response: None. 26. All inventories of property or assets of the estate of the decedent. Response: Objection. Estate Inventory is confidential, per F.S. 733.604. Subject to and without waiving said objection: Refer to CD provided herewith containing the redacted Estate Inventory. FR EIDIN BR OWN , P . A. One Biscayne Tower, Suite 3100, 2 South Biscayne Boulevard, Miami, FL 33131,Phone: 305.371.3666, Fax: 305.371.6725 27. All documents in possession of the Plaintiff, the Plaintiff’s agents and the Plaintiff’s attorneys, which support the allegation that this Defendant was in any way negligent and that such negligence resulted in or contributed to the death of the decedent. Response: Refer to Numbers 1, 15 and 17. Discovery is ongoing. 28. Any and all notices of intent to collect damages from any named defendant herein or any non-party directed towards any provider of collateral source payments pursuant to Florida Statute §768.76(6). Please also include proof that the notice was sent by certified or registered mail. Response: None at this time. 29. Any statements or correspondence from providers of collateral source payments which assert a right to subrogation or reimbursement pursuant to Florida Statute §768.76(7), Response: None at this time. 30. Any correspondence sent to or received by the decedent or the Plaintiff from any Defendant. This request does not include any correspondence with any attorneys and is strictly limited to any correspondence between the named parties in this litigation. Response: Objection. Overbroad, vague, ambiguous. 31. Any audiotapes which are in anyway related to the subject matter of this lawsuit. Response: Objection. Vague, overbroad, ambiguous as phrased and may call for the production of privileged material. 32. All reports from any experts the Plaintiff intends to call at the time of trial and copies of all documents those experts have reviewed in preparation for rendering any opinions in this case. Response: Not applicable, as Plaintiff has not yet determined what expert(s) will be called at trial. 33. The Plaintiff’s Social Security Personal Earnings and Benefits Statement. Response: None in Plaintiff’s possession. 34. Any and all settlement agreements and releases with any individual or corporation that in anyway relate to or arise out of the allegations that are the subject of this litigation. FR EIDIN BR OWN , P . A. One Biscayne Tower, Suite 3100, 2 South Biscayne Boulevard, Miami, FL 33131,Phone: 305.371.3666, Fax: 305.371.6725 Response: Objection. Calls for the production of irrelevant and inadmissible documents. In addition, settlement agreements and releases are confidential. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the above and foregoing has been furnished by Electronic Mail on this 27th day of March, 2020 to the following recipients: Robert E. Boan, Esquire Michael K. Wilensky, Esquire Angelica Torrents Roque, Esquire CONROY SIMBERG FLORIDA POWER & LIGHT 3440 Hollywood Boulevard COMPANY 2nd Floor LAW DEPARTMENT Hollywood, Florida 33021 4200 West Flagler Street Telephone: (954) 518-1221 LAW/SCS – Second Floor mwilensky@conroysimberg.com Miami, Florida 33134 ddemarais@conroysimberg.com Telephone: (305) 442-5115 Counsel for Lewis Tree Services, Inc. robert.boan@fpl.com angelica.roque@fpl.com miriam.corzo.garcia@fpl.com Counsel for Florida Power & Light Steven M. Singer, Esquire STEVEN M. SINGER, P.A. 7901 SW 6th Court Suite 305 Plantation, FL 33324 steven.m.singerpa@gmail.com Co-counsel for Plaintiff FREIDIN BROWN P.A. Counsel for Plaintiff One Biscayne Tower, Suite 3100 2 South Biscayne Boulevard Miami, FL 33131 Phone (305) 371-3666 Facsimile: (305) 371-6725 By: /s/ Joel H. Brown JOEL H. BROWN Florida Bar No.: 131231 JONATHAN FREIDIN Florida Bar No: 098955 jhb@fblawyers.net jf@fblawyners.net yg@fblawyers.net pleadings@fblawyers.net FR EIDIN BR OWN , P . A. One Biscayne Tower, Suite 3100, 2 South Biscayne Boulevard, Miami, FL 33131,Phone: 305.371.3666, Fax: 305.371.6725