Preview
wes CASE NUMBER: 502020CA007759XXXXMB Div: AD ****
Filing # 110709184 E-Filed 07/23/2020 03:42:52 PM
IN THE CIRCUIT COURT OF THE
FIFTEENTH JUDICIAL CIRCUIT IN AND
FOR PALM BEACH COUNTY, FLORIDA
BREYANA WRIGHT,
CASE NO.:
Plaintiff,
vs
PALM BEACH SKATE ZONE
2012 LLC,
Defendant.
REQUEST TO PRODUCE TO DEFENDANT, PALM BEACH SKATE ZONE 2012 LLC
COMES NOW, Plaintiff, BREYANA WRIGHT, by and through the undersigned attorney, in
accordance with Florida Rules of Civil Procedure 1.280, 1.310, 1.350 and 1.380, hereby requests
Defendant, PALM BEACH SKATE ZONE 2012 LLC (“PALM BEACH SKATE ZONE”), to
produce for inspection and/or copying at the offices of Felice & Ehrlich, 3 Harvard Circle, West
Dales Danah BT 22ANO within tHhirter (20) dave (forte, Sure [ALT dave if carved with
dau oan, tu S9tuz, Wiulill UlILy (Juy Ways UUlly“uVve [ro] Gays U Serveu Wink ue Origiar
Complaint) of service of this Request, the following documents:
1. The term "document" or "documents" as used herein, shall mean, without
limitation, any written, recorded, filmed or graphic matter, whether produced,
reproduced or on paper, cards, tapes, film, electronic facsimile, computer storage
devices or any other media, including but not limited to, memoranda, notes, minutes,
CHUN. DAIAARCACU AAINTY cI
Definitions/Instructions
Page i of 6
CUADAND ANFY FLED A7INAINNAN N2-AD-£9 DAA
PILL. PALE BLAU VUUINE TT, EL, OHI. DUUN, ULLIAN, Ulieureucy vl.te.ve ivi
tha aviainalNo
records, photographs, correspondence, telegrams, diaries, bookkeeping entries,
financial statements, tax returns, checks, check stubs, reports, studies, charts, graphs,
statements, notebooks, pay stubs, envelopes, deposit slips, work orders, contracts,
handwritten notes, applications, agreements, books, pamphlets, periodicals,
appointment calendars, desk calendars, financial statements, shipping documents,
advertisements, notes, records and records of oral conversations, records or
telephone calls work papers, and also including but not limited to, originals and all
copies which are different in any way from the original whether by interlineation,
receipt stamp, notation, indication of copies sent or received, inclusion of comments
or notations, or otherwise, and drafts which are in the possession, custody or control
of the present or former agents, representatives, officers, directors, subsidiaries or
affiliates, or attorneys of the Defendant, or any person acting on the Defendant's
behalf, including documents at any time in the possession, custody, or control of such
individuals or entities known by the Defendant's to exist.
The term "you" or "your" as used herein shall mean Defendant, or any officers,
directors, agents, parent companies, subsidiaries, entity, present or former agents,
representatives, affiliates, or attorneys of the Defendant, or any person acting on the
Defendant's behalf.
Iii (he EVEiL YOu UECHE 16 produce ay GOCUTMENL Tequesied ETE On ihe OASIS OF a
claim of privilege or claim of work product protection, please provide the following:
(a) Identify and describe the document by date, author, addressee, signatory,
subject and length;
Page 2 of 6(b) State the privilege relied upon and the facts supporting such claim; and
(c) Identify all persons who have or have had access to or received a copy of the
documents or any portion thereof.
If the documents requested in this Request for Production are unavailable because
they have been destroyed, identify which documents were destroyed, by date, author,
addressee, and subject matter and length; state when the documents were destroyed
and why; and state further the identity of the person who ordered them destroyed
together with the reason for their destruction.
These document requests are continuing in nature; if after responding to the requests,
the Defendant obtains or becomes aware of any further documents responsive to
these requests, a supplementary response is required.
Should the Defendant object to any part of Plaintiff's Request for Production,
compliance therewith shall be made to the extent deemed unobjectionable, subject
always to a future Court order compelling further production. The Plaintiff will, at
the time of trial, move the Court for an order excluding from evidence all documents
available to the Defendant at the time of this response which are not produced.
Documents To Be Produced
All policies covering you as of the date of the Accident, including umbrella, excess,
general liability, disability, medical, life or health insurance and the front and back of all declaration
sheets, insurance cards, insurance statements or explanation of benefits related to any such
Any and all leases or other contracts wherein you leased the Premises where the
subject accident outlined in Plaintiff's Complaint occurred.
Any and all reports or other documents prepared by you or for you by any person or
entity nartainina ta anu af tha iconac in thie lawenit
Chuty peitauuug to any G1 wie isouee Ut Unio LaWouLL.
Page 3 of 64. Any and all correspondence or other documents you or your agents, servants,
employees, independent contracts, insurance carriers, and adjusters, have sent to Plaintiff regarding
the subject Accident.
5. All documents evidencing that you have received copies of any and all offers from
Plaintiff to settle and/or resolve this matter prior to the filing of the subject Complaint.
6. All documents related to all medical and chiropractic care, or care or counseling for
any physical or mental condition, for Plaintiff, including but not limited to documents reflecting
services rendered by doctors, hospitals, nurses, therapists, independent medical examiners, dentists,
chiropractors or any other person performing any healing art whatsoever, and including bills,
invoices, receipts, reports, patient instructions and summaries of such care.
7. Color laser copies or color duplicates (not photocopies), of all photographs,
videotapes, digital pictures and all other renderings i in any medium whatsoever of the Accident
scene, injuries to any person, survetilance ot Piaintitt related to the Accident.
8. All writings, recordings, memorandums, notes, transcripts or other materials
reflecting statements related to the Accident made by any Party to this lawsuit, including, but not
limited to, any of the Party’s(ies’) agents, servants, employees, experts, independent contractors
and/or family members.
9 All writinos recordinos memorandums, notes, trancerinte or other materiale
oe ey, nee nape noe tes
reflecting statements related to the ‘Accident made by any ; witness(es).
10. All writings, recordings, memorandums, notes, transcripts or other materials
reflecting statements related to the Accident made by the Plaintiff.
11. All agreements and releases signed by either you or anyone acting on your behalf,
including but not limited to "Mary Carter" agreements, "high-low" agreements or other documents
limiting or releasing anyone from liability related to the Accident or releasing anyone from any
claim of liability for any incident which occurred within three years before the date of your response
to this Request.
12. All expert reports by any expert who will testify at trial.
13. A copy of the deed or title or any other documentation evidencing the name(s) of any
and all owners of the Premises where Plaintiff fell on the date of the subject accident.
14. Complete copies of any and all contracts, agreements, memoranda, notes, billing
statements, service call logs, and any and all other written documents you had with any other
person(s) or entity(ies) regarding rental of ice skates to business invitees, such as Plaintiff, in effect
on the date of the subject accident.
Page 4 of 615. Any and all documents you relied upon in asserting each and every affirmative
defense outlined in your Answer to Plaintiffs Complaint.
16. Copies of any documents, including, but not limited to, employee schedules, times
sheets, time cards, notes and memoranda evidencing the name, address and telephone numbers of all
employees working on the day of the subject accident.
17. Copies of any and all documents, including, but not limited to, inspection logs, ,
memoranda, notes, etc... evidencing any and all safety, maintenance and/or repair inspections
performed by you of the rental ice skates from the day prior to the subject accident through the day
after the subject accident outlined in Plaintiff's Complaint.
18. Any and all documents regarding any and all written or verbal, policies, procedures,
guidelines, manuals, systems or routines regarding providing safe, correct, and appropriate ice skates
to business invitees, such as Plaintiff, that were in effect on the date of the subject accident outlined
in Plaintift s Compiaint.
19. Any and all documents regarding any and all written or verbal, policies, procedures,
guidelines, manuals, systems or routines regarding providing warnings and/or instructions regarding
the use of ice skates to business invitees, such as Plaintiff, that were in effect on the date of the
subject accident outlined in Plaintiff's Complaint.
on Any and all documents regarding anv and all written or verbal, nolicies, procedures
20. Any and all documents regardine any and all written or verbal, policies, procedures,
guidelines, manuals, systems or routines regarding inquiring about the ice skating experience and
abilities of business invitees, such as Plaintiff, that were in effect on the date of the subject accident
outlined in Plaintiff's Complaint.
a9 66
21. Any and all documents, including, but not limited, “accident reports”, “incident
reports”, notes, memoranda, letters, forms, etc... regarding notice you received regarding the
Plaintiff's fall at the subiect Premises.
22. Any and all documents, including, but not limited, “accident reports”, “incident
reports”, notes, memoranda, letters, forms, etc... regarding any accident and/or incident and/or
injury similar to the Plaintiff’s accident outlined in Plaintiff's Complaint during the three (3) year
period prior to the date of Plaintiff's accident through the filing of your response to this Request.
23. Color copies and/or duplicates of any model, plat, map, drawing, motion picture,
videotape, or photograph pertaining to any fact or issue involved in this controversy, including, but
not limited to, any videotape of the location where Plaintiff fell for the five (5) hours preceding
Plaintiff's fall through five (5) hours past Plaintiffs fall.
24. Any and all written instructions, procedures, manuals, specifications, or handbooks
for cleaning, repairing, and maintaining the rental ice skates at the Premises involved in the
complaint in this litigation.
Page 5 of 625. Produce any table of organization of Defendant and any directory which shows any or
all of the job titles or the names of persons in the line of authority regarding providing business
invitees, such as Plaintiff, rental ice skates, that was in effect on the date of the subject accident.
26. Produce all employee instructions, including, but not limited to safety manuals, that
provided for the safety of customers using rental skates that were in effect on the date of the subject
accident.
27. Produce a list of each make, model, and type of ice skates that were available as
rentals to business invitees, such as Plaintiff, on the date of the subject accident.
28. Copies of any report and/or complaint made with regard to rental ice skates provided
to business invitees at the Premises within the 3 years prior to the subject accident.
29. Produce and allow us to inspect the actual ice skates that were provided to Plaintiffon
the date ihe subject a
1d.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a copy of the above and foregoing was on this Defendant
contemporaneously with the Complaint.
lel Watthew R. .
Matthew R. Naparstek, Esq.
Felice and Ehrlich
3 Harvard Circle
West Palm Beach, FL 33409
(561) 444-8822 - Teiephone
(561) 514-4946 - Facsimile
Primary Email — Matt@injurytrialattorneys.com
Secondary Email — Kellie@injurytrialattorneys.com
Secondary Email — Samantha@injurytrialattorneys.com
Florida Bar # 36296
Page 6 of 6
Preview
wes CASE NUMBER: 502020CA007759XXXXMB Div: AD **** Filing # 110709184 E-Filed 07/23/2020 03:42:52 PM IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA BREYANA WRIGHT, CASE NO.: Plaintiff, vs PALM BEACH SKATE ZONE 2012 LLC, Defendant. REQUEST TO PRODUCE TO DEFENDANT, PALM BEACH SKATE ZONE 2012 LLC COMES NOW, Plaintiff, BREYANA WRIGHT, by and through the undersigned attorney, in accordance with Florida Rules of Civil Procedure 1.280, 1.310, 1.350 and 1.380, hereby requests Defendant, PALM BEACH SKATE ZONE 2012 LLC (“PALM BEACH SKATE ZONE”), to produce for inspection and/or copying at the offices of Felice & Ehrlich, 3 Harvard Circle, West Dales Danah BT 22ANO within tHhirter (20) dave (forte, Sure [ALT dave if carved with dau oan, tu S9tuz, Wiulill UlILy (Juy Ways UUlly“uVve [ro] Gays U Serveu Wink ue Origiar Complaint) of service of this Request, the following documents: 1. The term "document" or "documents" as used herein, shall mean, without limitation, any written, recorded, filmed or graphic matter, whether produced, reproduced or on paper, cards, tapes, film, electronic facsimile, computer storage devices or any other media, including but not limited to, memoranda, notes, minutes, CHUN. DAIAARCACU AAINTY cI Definitions/Instructions Page i of 6 CUADAND ANFY FLED A7INAINNAN N2-AD-£9 DAA PILL. PALE BLAU VUUINE TT, EL, OHI. DUUN, ULLIAN, Ulieureucy vl.te.ve ivi tha aviainalNo records, photographs, correspondence, telegrams, diaries, bookkeeping entries, financial statements, tax returns, checks, check stubs, reports, studies, charts, graphs, statements, notebooks, pay stubs, envelopes, deposit slips, work orders, contracts, handwritten notes, applications, agreements, books, pamphlets, periodicals, appointment calendars, desk calendars, financial statements, shipping documents, advertisements, notes, records and records of oral conversations, records or telephone calls work papers, and also including but not limited to, originals and all copies which are different in any way from the original whether by interlineation, receipt stamp, notation, indication of copies sent or received, inclusion of comments or notations, or otherwise, and drafts which are in the possession, custody or control of the present or former agents, representatives, officers, directors, subsidiaries or affiliates, or attorneys of the Defendant, or any person acting on the Defendant's behalf, including documents at any time in the possession, custody, or control of such individuals or entities known by the Defendant's to exist. The term "you" or "your" as used herein shall mean Defendant, or any officers, directors, agents, parent companies, subsidiaries, entity, present or former agents, representatives, affiliates, or attorneys of the Defendant, or any person acting on the Defendant's behalf. Iii (he EVEiL YOu UECHE 16 produce ay GOCUTMENL Tequesied ETE On ihe OASIS OF a claim of privilege or claim of work product protection, please provide the following: (a) Identify and describe the document by date, author, addressee, signatory, subject and length; Page 2 of 6(b) State the privilege relied upon and the facts supporting such claim; and (c) Identify all persons who have or have had access to or received a copy of the documents or any portion thereof. If the documents requested in this Request for Production are unavailable because they have been destroyed, identify which documents were destroyed, by date, author, addressee, and subject matter and length; state when the documents were destroyed and why; and state further the identity of the person who ordered them destroyed together with the reason for their destruction. These document requests are continuing in nature; if after responding to the requests, the Defendant obtains or becomes aware of any further documents responsive to these requests, a supplementary response is required. Should the Defendant object to any part of Plaintiff's Request for Production, compliance therewith shall be made to the extent deemed unobjectionable, subject always to a future Court order compelling further production. The Plaintiff will, at the time of trial, move the Court for an order excluding from evidence all documents available to the Defendant at the time of this response which are not produced. Documents To Be Produced All policies covering you as of the date of the Accident, including umbrella, excess, general liability, disability, medical, life or health insurance and the front and back of all declaration sheets, insurance cards, insurance statements or explanation of benefits related to any such Any and all leases or other contracts wherein you leased the Premises where the subject accident outlined in Plaintiff's Complaint occurred. Any and all reports or other documents prepared by you or for you by any person or entity nartainina ta anu af tha iconac in thie lawenit Chuty peitauuug to any G1 wie isouee Ut Unio LaWouLL. Page 3 of 64. Any and all correspondence or other documents you or your agents, servants, employees, independent contracts, insurance carriers, and adjusters, have sent to Plaintiff regarding the subject Accident. 5. All documents evidencing that you have received copies of any and all offers from Plaintiff to settle and/or resolve this matter prior to the filing of the subject Complaint. 6. All documents related to all medical and chiropractic care, or care or counseling for any physical or mental condition, for Plaintiff, including but not limited to documents reflecting services rendered by doctors, hospitals, nurses, therapists, independent medical examiners, dentists, chiropractors or any other person performing any healing art whatsoever, and including bills, invoices, receipts, reports, patient instructions and summaries of such care. 7. Color laser copies or color duplicates (not photocopies), of all photographs, videotapes, digital pictures and all other renderings i in any medium whatsoever of the Accident scene, injuries to any person, survetilance ot Piaintitt related to the Accident. 8. All writings, recordings, memorandums, notes, transcripts or other materials reflecting statements related to the Accident made by any Party to this lawsuit, including, but not limited to, any of the Party’s(ies’) agents, servants, employees, experts, independent contractors and/or family members. 9 All writinos recordinos memorandums, notes, trancerinte or other materiale oe ey, nee nape noe tes reflecting statements related to the ‘Accident made by any ; witness(es). 10. All writings, recordings, memorandums, notes, transcripts or other materials reflecting statements related to the Accident made by the Plaintiff. 11. All agreements and releases signed by either you or anyone acting on your behalf, including but not limited to "Mary Carter" agreements, "high-low" agreements or other documents limiting or releasing anyone from liability related to the Accident or releasing anyone from any claim of liability for any incident which occurred within three years before the date of your response to this Request. 12. All expert reports by any expert who will testify at trial. 13. A copy of the deed or title or any other documentation evidencing the name(s) of any and all owners of the Premises where Plaintiff fell on the date of the subject accident. 14. Complete copies of any and all contracts, agreements, memoranda, notes, billing statements, service call logs, and any and all other written documents you had with any other person(s) or entity(ies) regarding rental of ice skates to business invitees, such as Plaintiff, in effect on the date of the subject accident. Page 4 of 615. Any and all documents you relied upon in asserting each and every affirmative defense outlined in your Answer to Plaintiffs Complaint. 16. Copies of any documents, including, but not limited to, employee schedules, times sheets, time cards, notes and memoranda evidencing the name, address and telephone numbers of all employees working on the day of the subject accident. 17. Copies of any and all documents, including, but not limited to, inspection logs, , memoranda, notes, etc... evidencing any and all safety, maintenance and/or repair inspections performed by you of the rental ice skates from the day prior to the subject accident through the day after the subject accident outlined in Plaintiff's Complaint. 18. Any and all documents regarding any and all written or verbal, policies, procedures, guidelines, manuals, systems or routines regarding providing safe, correct, and appropriate ice skates to business invitees, such as Plaintiff, that were in effect on the date of the subject accident outlined in Plaintift s Compiaint. 19. Any and all documents regarding any and all written or verbal, policies, procedures, guidelines, manuals, systems or routines regarding providing warnings and/or instructions regarding the use of ice skates to business invitees, such as Plaintiff, that were in effect on the date of the subject accident outlined in Plaintiff's Complaint. on Any and all documents regarding anv and all written or verbal, nolicies, procedures 20. Any and all documents regardine any and all written or verbal, policies, procedures, guidelines, manuals, systems or routines regarding inquiring about the ice skating experience and abilities of business invitees, such as Plaintiff, that were in effect on the date of the subject accident outlined in Plaintiff's Complaint. a9 66 21. Any and all documents, including, but not limited, “accident reports”, “incident reports”, notes, memoranda, letters, forms, etc... regarding notice you received regarding the Plaintiff's fall at the subiect Premises. 22. Any and all documents, including, but not limited, “accident reports”, “incident reports”, notes, memoranda, letters, forms, etc... regarding any accident and/or incident and/or injury similar to the Plaintiff’s accident outlined in Plaintiff's Complaint during the three (3) year period prior to the date of Plaintiff's accident through the filing of your response to this Request. 23. Color copies and/or duplicates of any model, plat, map, drawing, motion picture, videotape, or photograph pertaining to any fact or issue involved in this controversy, including, but not limited to, any videotape of the location where Plaintiff fell for the five (5) hours preceding Plaintiff's fall through five (5) hours past Plaintiffs fall. 24. Any and all written instructions, procedures, manuals, specifications, or handbooks for cleaning, repairing, and maintaining the rental ice skates at the Premises involved in the complaint in this litigation. Page 5 of 625. Produce any table of organization of Defendant and any directory which shows any or all of the job titles or the names of persons in the line of authority regarding providing business invitees, such as Plaintiff, rental ice skates, that was in effect on the date of the subject accident. 26. Produce all employee instructions, including, but not limited to safety manuals, that provided for the safety of customers using rental skates that were in effect on the date of the subject accident. 27. Produce a list of each make, model, and type of ice skates that were available as rentals to business invitees, such as Plaintiff, on the date of the subject accident. 28. Copies of any report and/or complaint made with regard to rental ice skates provided to business invitees at the Premises within the 3 years prior to the subject accident. 29. Produce and allow us to inspect the actual ice skates that were provided to Plaintiffon the date ihe subject a 1d. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of the above and foregoing was on this Defendant contemporaneously with the Complaint. lel Watthew R. . Matthew R. Naparstek, Esq. Felice and Ehrlich 3 Harvard Circle West Palm Beach, FL 33409 (561) 444-8822 - Teiephone (561) 514-4946 - Facsimile Primary Email — Matt@injurytrialattorneys.com Secondary Email — Kellie@injurytrialattorneys.com Secondary Email — Samantha@injurytrialattorneys.com Florida Bar # 36296 Page 6 of 6