Party Discovery: NILDA RUSCALLEDA VS WAL-MART STORES, INC.

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                                Filing # 61382635 E-Filed 09/06/2017 01:55:58 PM

IN AND FOR THE CIRCUIT COURT OF
THE 11TH JUDICIAL CIRCUIT IN AND
FOR MIAMI-DADE COUNTY, FLORIDA

CASE NO.: 17-014924 CA (11)
NILDA RUSCALLEDA,

Plaintiff,
ve

WAL-MART STORES, INC. a foreign
corporation,

Defendant.

RESPONSE TO REQUEST FOR PRODUCTION
Defendant, Walmart Stores, Inc., by and through the undersigned attorney, files this
Response to Nilda Ruscalleda’s Request for Production served with the Summons and
Complaint, as follows:

1. Incident reports and/or accident reports which were prepared by the
Defendant and/or any other person, firm or entity in the regular course of
business.

Attached is the Customer Incident report.

Any other reports would have been prepared in anticipation of
litigation. Therefore, this Defendant would object to the production in
that they are this Defendant’s privileged, confidential and work product
documents.

2. Any and all statements of the Plaintiff revealing knowledge of facts relevant
and material to the claims and defenses in the instant litigation.

Attached is the Customer Incident report.Case No. 17-014924 CA (11)

Any and all photographs, movies, charts and other documentary evidence
of the scene and/or parties involved in or pertaining to the subject accident,
occurrences or issues involved in this cause.

Attached is the store video and 3 color photographs.

Any and all insurance policies providing benefits or coverage to the
Defendant for any claimed injury or damage from the subject accident or
occurrence.

Objection. This request is not calculated to lead to admissible or
relevant evidence. Without waiving its request and subject thereto, this
Defendant would refer to its answers to interrogatories which are being
filed simultaneously.

Any and all photographs and/or movies of the Plaintiffs resulting from
surveillance and/or investigation of the Plaintiff.

None other than produced in response to Request #3.

Any and all maintenance or lease agreements for the subject premises in
existence on the date of the subject incident that relate to cleaning the
subject floor.

None.

Any and all documents which reflect written or oral complaints received by
you for the subject premises within the five (5) year period to the date of the

accident regarding slip and fall accidents within the subject store.Case No. 17-014924 CA (11)

Objection. This request is over broad and not calculated to lead to

admissible or relevant evidence. Furthermore, this request invades

individual privacy, work product and/or attorney-client privilege.

Without waiving its response this Defendant attaches hereto a list of

customer reported incidents inside the store at issue in this lawsuit for

the 3 years prior to the incident complained of herein.

In order to preserve its customer’s privacy, Wal-Mart will not disclose

the customer’s name or address.

Defendant does not admit, represent or stipulate that any of the

reported incidents actually occurred or are substantially similar to that

being complained of in this action.

Policy and procedural manuals for the subject premises regarding:

A. Inspection, cleaning and maintenance of the premises, including its
floor.

B. What to do when a customer is injured on the premises.

Cc. Keeping the premises clean and safe for customers

D. Accident and injury prevention inside the store.

Defendant will provide these documents upon receipt by the

undersigned attorney.

Any and all videotapes of the subject accident.

Attached.Case No. 17-014924 CA (11)

CERTIFICATE OF SERVICE
WE HEREBY CERTIFY that a true and correct copy of the foregoing was furnished
via e-mail this 6th day of September, 2017, to: Jonathan R. Friedland, Esquire, Friedland
Law Group, 1430 South Dixie Highway, Suite 305, Coral Gables, FL 33146;
email@friedlandlawgroup.com.

/s/Samuel S. Lewis, Esquire
Bar Number 380261

Attorney for Defendant, WAL-MART
STORES, INC. a foreign corporation

4000 Ponce de Leon Boulevard, Suite 570
Coral Gables, FL 33146

(305) 446-0500- Telephone

(305) 446-3667 - Facsimile
slewis@marlowadler.com
jrenwick@marlowadler.com