On June 21, 2017 a
Request,Application
was filed
involving a dispute between
Llerena, Roberto,
Llerena, Xiomara,
and
Andres Quintana Inc,
Learning And Growing Family Child Care,
Quintana Family Day Care Home,
for Comm Premises Liability
in the District Court of Miami-Dade County.
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Filing # 69150882 E-Filed 03/12/2018 05:02:43 PM
IN THE CIRCUIT COURT OF THE
11TH JUDICIAL CIRCUIT IN AND FOR
MIAMI-DADE COUNTY, FLORIDA
CASE NO: 17-014926 CA 01 (31)
XIOMARA LLERENA AND
ROBERTO LLERENA,
Plaintiffs,
ve
QUINTANA FAMILY DAY CARE HOME
D/B/A LEARNING AND GROWING
FAMILY CHILD CARE,
Defendant.
"S RESPONSE TO PLAINTIFF'S REQUEST FOR PRODUCTION
COMES NOW the Defendant, QUINTANA FAMILY DAY CARE HOME D/B/A
LEARNING AND GROWING FAMILY CHILD CARE, by and through their undersigned
counsel and pursuant to the applicable Florida Rules of Civil Procedure and files their
response to Plaintiff's Request for Production 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.
RESPONSE: Defendant objects to Request No. 1 on the grounds that it seeks the
disclosure of information protected by the attorney-client and work
product privileges. Without waiving and subject to the foregoing
objections, see Defendant's privilege log.2. Any and all statements of the Plaintiff revealing knowledge of facts relevant
and material to the claims and defenses in the instant litigation.
RESPONSE: None in Defendant's possession.
3. 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.
RESPONSE: Defendant objects to Request No. 3 on the grounds that it seeks the
disclosure of information protected by the attorney-client and work
product privileges. Without waiving and subject to the foregoing
objections, see Defendant's privilege log.
4. Any and all insurance policies providing benefits or coverage to the
Defendant fer any claimed injury or damage from the subject accident or occurrence.
RESPONSE: Sew attached redacted policy of insurance.
5. Any and all photographs and/or movies of the Plaintiff resulting from
surveillance and/or investigation of the Plaintiff,
NSE: Defendant objects to Request No. 5 on the grounds that it seeks the
disclosure of information protected by the attorney-client and work
product privileges. Without waiving and subject to the foregoing
objections, none.
6. Any and all maintenance ano/or management agreements for the subject
premises in existence on the date of the subject incident that relate to maintaining,
inspecting and repairing the walkway where the accident occurred,
RESPONSE: Mone,7. Any and all documents which reflect written or oral complaints received by
you for the subject premises within the five (5) year period prior to the date of accident
regarding slip and/or trip and fall on the subject property.
RESPONSE: None.
8. Policy and procedural manuals for the subject premises regarding:
a. Inspection, cleaning and maintenance of the premises.
b. What to do when a guest is injured on the premises.
c. Keeping the premises safe and well maintained.
d. Accident and injury prevention on the premises.
RESPONSE: None.
9. Any and all videotapes of the subject accident.
RESPONSE: Mone. Defendant reserves the right to supplement this response.
Discovery is still ongoing.
10, Any and all contracts for management or maintenance of the subject property
between any of the persons, firm and corporations that relate in any way to the cleaning,
inspection or maintenance of the walkway area where the Plaintiff fell.
RESPONSE: Mone,CERTIFICATE OF SERVICE
WE HEREBY CERTIFY that a true and correct copy of the foregoing has been He
furnished via Electronic Mail, to all counsel of record on the aftached Service List, this ie
day of March, 2018,
LUKS, SANTANIELLO,
PETRILLO & JONES
Attomeys for Defendant
150 W., Flagler Street, Suite 2750
Miami, FL 33130
Telephone: (305) 377-8900
Facsimile: (305) 377-8901
HEATHER M. CALHOON
Florida Bar Nos 495573
LUKSMIA-Pleadings@LS-Law,comSERVICE LIST
Michael J. Carmona, Esq.
Friedland Law Group
1430 South Dixie Highway
Suite 305
Coral Gables, FL 33146
email @friediandiawgrous.com
Document Filed Date
March 12, 2018
Case Filing Date
June 21, 2017
Category
Comm Premises Liability
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Filing # 69150882 E-Filed 03/12/2018 05:02:43 PM IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA CASE NO: 17-014926 CA 01 (31) XIOMARA LLERENA AND ROBERTO LLERENA, Plaintiffs, ve QUINTANA FAMILY DAY CARE HOME D/B/A LEARNING AND GROWING FAMILY CHILD CARE, Defendant. "S RESPONSE TO PLAINTIFF'S REQUEST FOR PRODUCTION COMES NOW the Defendant, QUINTANA FAMILY DAY CARE HOME D/B/A LEARNING AND GROWING FAMILY CHILD CARE, by and through their undersigned counsel and pursuant to the applicable Florida Rules of Civil Procedure and files their response to Plaintiff's Request for Production 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. RESPONSE: Defendant objects to Request No. 1 on the grounds that it seeks the disclosure of information protected by the attorney-client and work product privileges. Without waiving and subject to the foregoing objections, see Defendant's privilege log.2. Any and all statements of the Plaintiff revealing knowledge of facts relevant and material to the claims and defenses in the instant litigation. RESPONSE: None in Defendant's possession. 3. 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. RESPONSE: Defendant objects to Request No. 3 on the grounds that it seeks the disclosure of information protected by the attorney-client and work product privileges. Without waiving and subject to the foregoing objections, see Defendant's privilege log. 4. Any and all insurance policies providing benefits or coverage to the Defendant fer any claimed injury or damage from the subject accident or occurrence. RESPONSE: Sew attached redacted policy of insurance. 5. Any and all photographs and/or movies of the Plaintiff resulting from surveillance and/or investigation of the Plaintiff, NSE: Defendant objects to Request No. 5 on the grounds that it seeks the disclosure of information protected by the attorney-client and work product privileges. Without waiving and subject to the foregoing objections, none. 6. Any and all maintenance ano/or management agreements for the subject premises in existence on the date of the subject incident that relate to maintaining, inspecting and repairing the walkway where the accident occurred, RESPONSE: Mone,7. Any and all documents which reflect written or oral complaints received by you for the subject premises within the five (5) year period prior to the date of accident regarding slip and/or trip and fall on the subject property. RESPONSE: None. 8. Policy and procedural manuals for the subject premises regarding: a. Inspection, cleaning and maintenance of the premises. b. What to do when a guest is injured on the premises. c. Keeping the premises safe and well maintained. d. Accident and injury prevention on the premises. RESPONSE: None. 9. Any and all videotapes of the subject accident. RESPONSE: Mone. Defendant reserves the right to supplement this response. Discovery is still ongoing. 10, Any and all contracts for management or maintenance of the subject property between any of the persons, firm and corporations that relate in any way to the cleaning, inspection or maintenance of the walkway area where the Plaintiff fell. RESPONSE: Mone,CERTIFICATE OF SERVICE WE HEREBY CERTIFY that a true and correct copy of the foregoing has been He furnished via Electronic Mail, to all counsel of record on the aftached Service List, this ie day of March, 2018, LUKS, SANTANIELLO, PETRILLO & JONES Attomeys for Defendant 150 W., Flagler Street, Suite 2750 Miami, FL 33130 Telephone: (305) 377-8900 Facsimile: (305) 377-8901 HEATHER M. CALHOON Florida Bar Nos 495573 LUKSMIA-Pleadings@LS-Law,comSERVICE LIST Michael J. Carmona, Esq. Friedland Law Group 1430 South Dixie Highway Suite 305 Coral Gables, FL 33146 email @friediandiawgrous.com