On January 20, 2005 a
Motion,Ex Parte
was filed
involving a dispute between
Booth, Billy L,
and
Konell, Samuel,
North Shore Med Ctr,
Sanchez, Erick,
Southern Winds Hospital,
Tenet Health System North Shore Inc,
Tenet Healthsystems Med Inc,
Westchester Med Center Inc,
North Care Ltd,
North Shore General Svcs Inc,
North Shore Hosptial & Med Ctr,
North Shore Med Ctr Inc,
North Sore Med Ctr Physician Hospital,
for Other Negligence
in the District Court of Miami-Dade County.
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Filing # 32440820 E-Filed 09/24/2015 12:17:13 PM
IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR
MIAMI-DADE COUNTY, FLORIDA
CIRCUIT CIVIL DIVISION
CASE NO.: 05-1408 CA (06)
BILLY L. BOOTH,
Plaintiff,
vs.
TENET HEALTH SYSTEM
NORTH SHORE, INC. d/b/a
NORTH SHORE MEDICAL
CENTER, a Delaware corporation,
and ERICK SANCHEZ, an
individual;
Defendants.
i
DEFENDANT NORTH SHORE’S MOTION IN LIMINE TO
PRECLUDE/EXCLUDE TESTIMONY AND EVIDENCE REGARDING A
PURPORTED OFFER OF SETTLEMENT
The Defendant, NORTH SHORE MEDICAL CENTER, through counsel,
files its motion in limine seeking to preclude/exclude testimony and evidence
regarding a purported offer to settle, stating as follows:
1. BOOTH claims to have been the victim of a patient on patient sexual
assault at NORTH SHORE in November, 2004,
2. Before and after the incident BOOTH was treated by a psychiatrist,
Dr. Scott Segal, who has been listed by the Plaintiff as an expert witness herein.3. During his April, 2008, deposition, Dr. Segal testified that, on July 6,
2005, BOOTH advised him that NORTH SHORE offered him $1 million to settle
this case, This was reflected in both Dr. Segal’s testimony and documented in the
medical record itself.
4, First, no such offer was ever made.
5. More importantly, the documentation and testimony about that
“offer” is inadmissible pursuant to §90.408, Florida Statutes.
6 Under Florida law, settlement offers made while a controversy is
pending are inadmissible. Stamm v. Stamm, 489 So. 2d 851 (Fla. 5 DCA 1986)
citing diwater v. Gulf Maintenance & Supply, Ine., 424 S8o.2d 135, 136 (Fla. 1st
DCA 1982) and § 90.408, Fla. Siat. See also HRS Bur-B-Qv. Shapiro, 463 So. 2d
403 (Fla. 3d DCA 1985).
7. Because BOOTH’s statement to Dr. Segal was made after this lawsuit
was filed, in accordance with §90.408, and reference to same must be redacted
from the records and any accompanying testimony excluded/precluded.
WHEREFORE, the Defendant, NORTH SHORE MEDICAL CENTER
respectfully requests this Honorable Court enter its Order granting this motion in
limine and preclude/exclude testimony and evidence regarding the above-
referenced, purported offer to settle, and for such other and further relief deemed
just, proper and necessary under the circumstances.CERTIFICATE OF SERVICE
I certify that a copy hereof has been furnished to the attorneys listed on the
attached service list, by e-mail, on September 24, 2015.
FALK, WAAS, HERNANDEZ, CORTINA,
SOLOMON & BONNER, P.A.
Attorneys for Defendant, North Shore
135 San Lorenzo Avenue, Suite 500
Coral Gables, FL 33146
Telephone: (305) 447-6500
Facsimile: (305) 447-1777
By: isi
Scott L, Mendlestein
Florida Bar No.: 187828SERVICE LIST
Booth v. North Shore Medical Center
Kevin H. Fabrikant, Esq. ~ via e-mail
Fabrikant & Hernandez, P.A.
1909 Tyler Street
Suite 416
Hollywood, FL 33020
Telephone: (954) 966-0881
Facsimile: (954) 966-0886
KRevinff@lawfh.com
Stephanie T@lawfh.com
DianaS@lawth.com
Attomeys for Plaintiff, Billy Booth
Erick Sanchez — via U.S. mail
6095 West 19 Avenue
#304
Hialeah, FL 33014
Pro-se Co-Defendant, Erick Sanchez
Preview
Filing # 32440820 E-Filed 09/24/2015 12:17:13 PM IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA CIRCUIT CIVIL DIVISION CASE NO.: 05-1408 CA (06) BILLY L. BOOTH, Plaintiff, vs. TENET HEALTH SYSTEM NORTH SHORE, INC. d/b/a NORTH SHORE MEDICAL CENTER, a Delaware corporation, and ERICK SANCHEZ, an individual; Defendants. i DEFENDANT NORTH SHORE’S MOTION IN LIMINE TO PRECLUDE/EXCLUDE TESTIMONY AND EVIDENCE REGARDING A PURPORTED OFFER OF SETTLEMENT The Defendant, NORTH SHORE MEDICAL CENTER, through counsel, files its motion in limine seeking to preclude/exclude testimony and evidence regarding a purported offer to settle, stating as follows: 1. BOOTH claims to have been the victim of a patient on patient sexual assault at NORTH SHORE in November, 2004, 2. Before and after the incident BOOTH was treated by a psychiatrist, Dr. Scott Segal, who has been listed by the Plaintiff as an expert witness herein.3. During his April, 2008, deposition, Dr. Segal testified that, on July 6, 2005, BOOTH advised him that NORTH SHORE offered him $1 million to settle this case, This was reflected in both Dr. Segal’s testimony and documented in the medical record itself. 4, First, no such offer was ever made. 5. More importantly, the documentation and testimony about that “offer” is inadmissible pursuant to §90.408, Florida Statutes. 6 Under Florida law, settlement offers made while a controversy is pending are inadmissible. Stamm v. Stamm, 489 So. 2d 851 (Fla. 5 DCA 1986) citing diwater v. Gulf Maintenance & Supply, Ine., 424 S8o.2d 135, 136 (Fla. 1st DCA 1982) and § 90.408, Fla. Siat. See also HRS Bur-B-Qv. Shapiro, 463 So. 2d 403 (Fla. 3d DCA 1985). 7. Because BOOTH’s statement to Dr. Segal was made after this lawsuit was filed, in accordance with §90.408, and reference to same must be redacted from the records and any accompanying testimony excluded/precluded. WHEREFORE, the Defendant, NORTH SHORE MEDICAL CENTER respectfully requests this Honorable Court enter its Order granting this motion in limine and preclude/exclude testimony and evidence regarding the above- referenced, purported offer to settle, and for such other and further relief deemed just, proper and necessary under the circumstances.CERTIFICATE OF SERVICE I certify that a copy hereof has been furnished to the attorneys listed on the attached service list, by e-mail, on September 24, 2015. FALK, WAAS, HERNANDEZ, CORTINA, SOLOMON & BONNER, P.A. Attorneys for Defendant, North Shore 135 San Lorenzo Avenue, Suite 500 Coral Gables, FL 33146 Telephone: (305) 447-6500 Facsimile: (305) 447-1777 By: isi Scott L, Mendlestein Florida Bar No.: 187828SERVICE LIST Booth v. North Shore Medical Center Kevin H. Fabrikant, Esq. ~ via e-mail Fabrikant & Hernandez, P.A. 1909 Tyler Street Suite 416 Hollywood, FL 33020 Telephone: (954) 966-0881 Facsimile: (954) 966-0886 KRevinff@lawfh.com Stephanie T@lawfh.com DianaS@lawth.com Attomeys for Plaintiff, Billy Booth Erick Sanchez — via U.S. mail 6095 West 19 Avenue #304 Hialeah, FL 33014 Pro-se Co-Defendant, Erick Sanchez