Preview
we" CASE NUMBER: 502021CA004483XXXXMB Div: AB ****
Filing # 124384402 E-Filed 04/06/2021 11:17:29 AM
IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT
IN AND FOR PALM BEACH COUNTY, FLORIDA
Enrique Hernandez Vera,
Plaintiff
ve
The Home Depot U.S.A., Inc., CIVIL DIVISION
Defendant. CASE NO.:
/
PLAINTIFF’S REQUEST FOR PRODUCTION TO DEFENDANT
The Plaintiff, Enrique Hernandez Vera, by and through the undersigned attorneys, hereby
requests the Defendant, Home Depot U.S.A., Inc., produce for inspection and/or photocopying
forty-five (45) davs fram the date of service of this reauest, nursuant to Florida Rule of
Civil Procedure 1.350, at RUBENSTEIN LAW, 9130 S. Dadeland Blvd, PH, Miami, FL 33156, the
following:
1. The employee safety manual or other written document of the Defendant in effect
uct 22, 2020 that discusses, touches, or cancernce proce:
rac for preventing and/or
ve
cleaning foreign substances such as food, liquid, etc., on the floor of its stores (and, in particular,
the outdoor/exterior garden department).
2. Any and all policies and/or procedures of the Defendant in effect on August 23,
2020 that discusses, touches, or concerns maintaining and/or preserving surveillance video
footage after a slip and fall has been reported in the Defendant’s store.
3. Any and all policies and/or procedures of the Defendant in effect on August 23,
2020 that discusses, touches, or concerns watering and/or maintaining live plants in the
outdoor/exterior garden department of the Defendant's stores
4. Any photographs taken by or on behalf of the Defendant that relates to the parties
and/or scene of the alleged occurrence on August 23, 2020.
CHEN. DAIAARCACUAAIINTY Cl INCEDU ARDIIV7ZN FLED ANAINGINAN 44.47-90 ANA
Pn. PAL DUA VUUINE TT, PL, JUOL IE mDnuecy, ULUIAN, UtUUZue! nie mi5. Any and all statements obtained from any party in this matter concerning any of
the issues in this lawsuit.
6. Any and all statements obtained from any non-party concerning any of the issues
in this lawsuit.
7. Any and all insurance policies that do or may provide coverage for any of Plaintiff's
claims, injuries, or damages as described in the Complaint, including umbrella and excess policies.
8. Any and all surveillance or other video or recording depicting the interior and/or
exterior of the Defendant’s premises located at 4241 Lake Worth Road, Lake Worth, FL 33461,
on August 23, 2020, including the two hour period before the alleged incident and the two hour
period after the alleged incident. This request includes, but is not limited to, footage depicting
the incident itself and any footage depicting the Plaintiff.
9. All records, writings or other written memoranda concerning any other slip and
falls at the store where this incident occurred, within the last three (3) years.
10. All ordinances, regulations, rules, statutes, customs, practices and publications
upon which your defenses herein, if any, are based.
11. A list of the names and addresses (including clock-in/time records) of all
employees employed in the outdoor/exterior garden department of the Defendant’s premises
located at 4241 Lake Worth Road Lake Worth, FL 33461, on August 23, 2020.
12. Any and all incident reports or accident reports pertaining to the subject incident.
13. A list of the names and addresses of all individuals and/or entities that were
racnancihla far maintaining inenactina and lar claanina tha autdanr/avtarinr aardan danartmant
Pesponsme 101 Mananung, wiopecung anus Gr Creag Ure CULUCUT/ CALCIO! Bauer Ge par unicie
of the Defendant’s premises located at 4241 Lake Worth Road, Lake Worth, FL 33461.
14, All checklists, sign-off sheets, log books, etc., that show how frequently the area
in question was inspected and/or cleaned on the day of the subject fall.
15. Acopy of any report created as a result of Plaintiff's incident on August 23, 2020,
that was signed and/or filled out by Piaintiff.
16. Acopy of any witness statement, incident report, or other document created as a
result of Plaintiff’s incident on August 23, 2020.
17. A blank incident report and/or accident report to be used when a slip and fall
incident has been reported to the Defendant's store.18. A blank witness statement to be used when a witness provides a statement of
their observations of a slio and fall incident at the Defendant's store.
19. A map (aerial view) of the Defendant’s store located at 4241 Lake Worth Road
Lake Worth, FL 33461 identifying the layout of the store as it existed on the date of the incident.
20. A map of where surveillance cameras are placed, and what area of the store they
would capture, within the outdoor/exterior garden department of the Defendant’s premises
lanntad at anaa AMfaeth Mand tata WAlacth h aaea 27 abn. 2892 ANA
IOCALEO dl 4244 LAKE WOTUT NOdU, LAKE WOFrt, FL 39401 dd UIE! St £9, ZULU.
21. Any document, photograph, or video, identified in your answers to
interrogatories.
| HEREBY CERTIFY that a true and correct copy of the foregoing was attached to the
Complaint and Summons and served to the Defendant, Home Depot U.S.A., Inc.
Dated __ day of April, 2021.
RUBENSTEIN LAW, P.A.
Attorneys for Plaintiff
DIIDENCTEIN LAVAL DA
NUON TON Ev, Eom
9130 S. Dadeland Blvd, PH
Miami, FL 33156
Tel: (305) 661-6000
Fax: (305) 670-7555
Email: jkirby@rubensteinlaw.com
atelio@rubensieiniaw.com
eservice@rubensteinlaw.com
By: /s/ Jordan Kirby
Jordan Kirby
Florida Bar No.: 67217
Preview
we" CASE NUMBER: 502021CA004483XXXXMB Div: AB **** Filing # 124384402 E-Filed 04/06/2021 11:17:29 AM IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA Enrique Hernandez Vera, Plaintiff ve The Home Depot U.S.A., Inc., CIVIL DIVISION Defendant. CASE NO.: / PLAINTIFF’S REQUEST FOR PRODUCTION TO DEFENDANT The Plaintiff, Enrique Hernandez Vera, by and through the undersigned attorneys, hereby requests the Defendant, Home Depot U.S.A., Inc., produce for inspection and/or photocopying forty-five (45) davs fram the date of service of this reauest, nursuant to Florida Rule of Civil Procedure 1.350, at RUBENSTEIN LAW, 9130 S. Dadeland Blvd, PH, Miami, FL 33156, the following: 1. The employee safety manual or other written document of the Defendant in effect uct 22, 2020 that discusses, touches, or cancernce proce: rac for preventing and/or ve cleaning foreign substances such as food, liquid, etc., on the floor of its stores (and, in particular, the outdoor/exterior garden department). 2. Any and all policies and/or procedures of the Defendant in effect on August 23, 2020 that discusses, touches, or concerns maintaining and/or preserving surveillance video footage after a slip and fall has been reported in the Defendant’s store. 3. Any and all policies and/or procedures of the Defendant in effect on August 23, 2020 that discusses, touches, or concerns watering and/or maintaining live plants in the outdoor/exterior garden department of the Defendant's stores 4. Any photographs taken by or on behalf of the Defendant that relates to the parties and/or scene of the alleged occurrence on August 23, 2020. CHEN. DAIAARCACUAAIINTY Cl INCEDU ARDIIV7ZN FLED ANAINGINAN 44.47-90 ANA Pn. PAL DUA VUUINE TT, PL, JUOL IE mDnuecy, ULUIAN, UtUUZue! nie mi5. Any and all statements obtained from any party in this matter concerning any of the issues in this lawsuit. 6. Any and all statements obtained from any non-party concerning any of the issues in this lawsuit. 7. Any and all insurance policies that do or may provide coverage for any of Plaintiff's claims, injuries, or damages as described in the Complaint, including umbrella and excess policies. 8. Any and all surveillance or other video or recording depicting the interior and/or exterior of the Defendant’s premises located at 4241 Lake Worth Road, Lake Worth, FL 33461, on August 23, 2020, including the two hour period before the alleged incident and the two hour period after the alleged incident. This request includes, but is not limited to, footage depicting the incident itself and any footage depicting the Plaintiff. 9. All records, writings or other written memoranda concerning any other slip and falls at the store where this incident occurred, within the last three (3) years. 10. All ordinances, regulations, rules, statutes, customs, practices and publications upon which your defenses herein, if any, are based. 11. A list of the names and addresses (including clock-in/time records) of all employees employed in the outdoor/exterior garden department of the Defendant’s premises located at 4241 Lake Worth Road Lake Worth, FL 33461, on August 23, 2020. 12. Any and all incident reports or accident reports pertaining to the subject incident. 13. A list of the names and addresses of all individuals and/or entities that were racnancihla far maintaining inenactina and lar claanina tha autdanr/avtarinr aardan danartmant Pesponsme 101 Mananung, wiopecung anus Gr Creag Ure CULUCUT/ CALCIO! Bauer Ge par unicie of the Defendant’s premises located at 4241 Lake Worth Road, Lake Worth, FL 33461. 14, All checklists, sign-off sheets, log books, etc., that show how frequently the area in question was inspected and/or cleaned on the day of the subject fall. 15. Acopy of any report created as a result of Plaintiff's incident on August 23, 2020, that was signed and/or filled out by Piaintiff. 16. Acopy of any witness statement, incident report, or other document created as a result of Plaintiff’s incident on August 23, 2020. 17. A blank incident report and/or accident report to be used when a slip and fall incident has been reported to the Defendant's store.18. A blank witness statement to be used when a witness provides a statement of their observations of a slio and fall incident at the Defendant's store. 19. A map (aerial view) of the Defendant’s store located at 4241 Lake Worth Road Lake Worth, FL 33461 identifying the layout of the store as it existed on the date of the incident. 20. A map of where surveillance cameras are placed, and what area of the store they would capture, within the outdoor/exterior garden department of the Defendant’s premises lanntad at anaa AMfaeth Mand tata WAlacth h aaea 27 abn. 2892 ANA IOCALEO dl 4244 LAKE WOTUT NOdU, LAKE WOFrt, FL 39401 dd UIE! St £9, ZULU. 21. Any document, photograph, or video, identified in your answers to interrogatories. | HEREBY CERTIFY that a true and correct copy of the foregoing was attached to the Complaint and Summons and served to the Defendant, Home Depot U.S.A., Inc. Dated __ day of April, 2021. RUBENSTEIN LAW, P.A. Attorneys for Plaintiff DIIDENCTEIN LAVAL DA NUON TON Ev, Eom 9130 S. Dadeland Blvd, PH Miami, FL 33156 Tel: (305) 661-6000 Fax: (305) 670-7555 Email: jkirby@rubensteinlaw.com atelio@rubensieiniaw.com eservice@rubensteinlaw.com By: /s/ Jordan Kirby Jordan Kirby Florida Bar No.: 67217