Preview
Filing # 141728709 E-Filed 01/11/2022 09:17:52 AM
IN THE CIRCUIT COURT OF THE 1Sth
JUDICIAL CIRCUIT IN AND FOR PALM
BEACH COUNTY, FLORIDA
MARION J. YOUNG BUTERA
AND THOMAS BUTERA, her spouse,
Plaintiffs, CASE NO: 50-2021-CA-010108
v.
EDENS LIMITED PARTNERSHIP d/b/a
SUNSHINE SQUARE PLAZA and THE
BRIGHTVIEW LANDSCAPES, LLC,
Defendants.
EDENS LIMITED PARTNERSHIP d/b/a
SUNSHINE SQUARE PLAZA,
Cross-Plaintiff,
Vv.
THE BRIGHTVIEW LANDSCAPES, LLC,
Cross-Defendant.
/
DEFENDANT/CROSS-DEFENDANT, THE BRIGHTVIEW LANDSCAPES, LLC’S
FIRST REQUEST TO PRODUCE TO DEFENDANT/CROSS-PLAINTIFF, EDENS
LIMITED PARTNERSHIP d/b/a SUNSHINE SQUARE PLAZA
COMES NOW the Defendant/Cross-Defendant, THE BRIGHTVIEW LANDSCAPES,
LLC (hereinafter referred to as “BRIGHTVIEW”) by and through by and through its undersigned
counsel, and hereby requests that the Defendant/Cross-Plaintiff, EDENS LIMITED
PARTNERSHIP d/b/a SUNSHINE SQUARE PLAZA (hereinafter referred to as “EDENS”),
produce the following documents or legible copies of the following documents:
24378063.v1
'** FILED: PALM BEACH COUNTY, FL JOSEPH ABRUZZO, CLERK. 01/11/2022 09:17:52 AM ***It is requested that the aforesaid production be made on or before thirty (30) days from the
date of service, at the offices of GOLDBERG SEGALLA, LLP, 222 Lakeview Avenue, Suite 800,
West Palm Beach, FL 33401.
1.
All correspondence or emails or other forms of communication between EDENS or anyone
acting on its behalf, and BRIGHTVIEW or anyone acting on its behalf, regarding the
accident or any issue which is the subject of this litigation.
All correspondence or emails or other forms of communication between EDENS or anyone
acting on its behalf, and BRIGHTVIEW or anyone acting on its behalf, regarding the
location of the Plaintiff, MARION J. YOUNG BUTERA's fall which is the subject of this
litigation, including the “black sprinkler head” referred to in Plaintiff's Complaint as
having caused the subject trip and fall and the bushes outside the take-out Chinese
restaurant at the subject property where Plaintiff tripped and fell.
. All documents or emails, or information regardless of format, currently stored in any
manner, that are in the possession, custody or control of EDENS which record, refer, or
relate to the installation, configuration, and placement of the “black sprinkler head”
referred to in Plaintiff's Complaint as having caused the subject trip and fall.
All documents or emails, or information regardless of format, currently stored in any
manner, that are in the possession, custody or control of EDENS which support the
allegation in Paragraph 4 of your Cross-Claim, to wit: that BRIGHTVIEW’s employees
were to “maintain a reasonably safe environment for individuals traversing the premises,
including the Plaintiff MARION J. YOUNG BUTERA.”
All documents or emails, or information regardless of format, currently stored in any
manner, that are in the possession, custody or control of EDENS which record, refer, or
24378063.v1relate to BRIGHTVIEW being responsible or hired to determine the safety of the location
of the “black sprinkler head” referred to in Plaintiff's Complaint as having caused the
subject trip and fall.
6. All documents or emails, or information regardless of format, currently stored in any
manner, that are in the possession, custody or control of EDENS which record, refer, or
relate to BRIGHTVIEW being responsible or hired to determine whether customers were
walking between bushes outside the take-out Chinese restaurant at the subject property
where Plaintiff tripped and fell.
7. All documents or emails, or information regardless of format, currently stored in any
manner, that are in the possession, custody or control of EDENS which record, refer, or
relate to any communication between EDENS and anyone working on its behalf, and
BRIGHTVIEW and anyone acting on its behalf, regarding the work that BRIGHT VIEW
was hired to do at the subject property located at: S.E. 18th Street, Boynton Beach, Florida.
8. Copies of all written or recorded statements, regardless of format, currently stored in any
manner in your possession regarding the accident or any issue which is the subject of this
litigation.
9. All documents or emails, or information regardless of format, currently stored in any
manner, that are in the possession, custody or control of EDENS which record, refer, or
relate to customers walking between bushes outside the take-out Chinese restaurant at the
subject property where Plaintiff tripped and fell.
10. All documents or emails, or information regardless of format, currently stored in any
manner, that are in the possession, custody or control of EDENS which record, refer, or
24378063.v1relate to customers tripping and falling on the “black sprinkler head” referred to in
Plaintiff's Complaint as having caused the subject trip and fall.
11. Copies of all invoices, ledges, work orders, work order requests, memorandum, written or
recorded statements, correspondence, letters, emails or any documents regardless of
format, currently stored in any manner, concerning maintenance, inspections, repairs,
repair requests and maintenance requests for: (1) the area where the subject accident
occurred - between bushes outside the take-out Chinese restaurant where Plaintiff tripped
and fell; and (2) the “black sprinkler head” referred to in Plaintiff's Complaint as having
caused the subject trip and fall. This Request is for the five-year period prior to the incident
described in Plaintiff's Complaint and for the two-year period after the incident described
in Plaintiff's Complaint.
12. All contracts, subcontracts, and written agreements between you and any third-party
concerning the installation, placement, and configuration of the “black sprinkler head”
referred to in Plaintiff's Complaint as having caused the subject trip and fall. In your
Response, you can redact any confidential pricing information.
13. All contracts, subcontracts, and written agreements between you and any third-party
concerning inspection, repairs and maintenance of: (1) the area where the subject accident
occurred - between bushes outside the take-out Chinese restaurant where Plaintiff tripped
and fell; and (2) the “black sprinkler head” referred to in Plaintiff's Complaint as having
caused the subject trip and fall. This Request is for the five-year period prior to the incident
described in Plaintiffs Complaint and for the two-year period after the incident described
in Plaintiff's Complaint. In your Response, you can redact any confidential pricing
information.
24378063.v114. Any and all photographs (CD format and/or laser color copies, and if applicable, the
original computer file for the photograph (i.e. JPEG image file or similar file format)),
films, videotapes, diagrams, drawings, surveys or similar documents in the possession of
EDENS and EDEN’s counsel, investigators, agents, servants, or employees which are in
any manner related to the subject matter of this lawsuit,
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was forwarded
electronically to Barry G. Hoffman, Esquire, (Attorney for Plaintiff) hchlawoffice@aol.com,
BARRY G. HOFFMAN LAW FIRM, P.A., 9045 La Fontana Blvd., Suite 106, Boca Raton, FL
33434; Mitchell H. Katler, Esquire, (Adorney for Defendant, Edens Limited Partnership d/b/a
Sunshine Square Plaza), MKatler@travelers.com EGuilbea@travelers.com;
TGruende@travelers.com; Law Offices of James W. Kehoe, III, 3230 West Commercial Blvd.,
Suite 250, Ft. Lauderdale, FL 33309, this 11th day of January 2022. The certificate is taken as
prima facie proof of such service in compliance with Fla. R. Jud. Admin. 2.516.
/s/ David J. Majcak
GOLDBERG SEGALLA, LLP
David J. Majcak, Esquire
Florida Bar No. 0073883
Rodney Janis, Esquire
Florida Bar No. 647896
222 Lakeview Avenue, Suite 800
West Palm Beach, FL 33401
(561) 618-4466 Office
(561) 618-4549 Fax
dmajcak@goldbergsegalla.com
24378063.v1
Preview
Filing # 141728709 E-Filed 01/11/2022 09:17:52 AM IN THE CIRCUIT COURT OF THE 1Sth JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA MARION J. YOUNG BUTERA AND THOMAS BUTERA, her spouse, Plaintiffs, CASE NO: 50-2021-CA-010108 v. EDENS LIMITED PARTNERSHIP d/b/a SUNSHINE SQUARE PLAZA and THE BRIGHTVIEW LANDSCAPES, LLC, Defendants. EDENS LIMITED PARTNERSHIP d/b/a SUNSHINE SQUARE PLAZA, Cross-Plaintiff, Vv. THE BRIGHTVIEW LANDSCAPES, LLC, Cross-Defendant. / DEFENDANT/CROSS-DEFENDANT, THE BRIGHTVIEW LANDSCAPES, LLC’S FIRST REQUEST TO PRODUCE TO DEFENDANT/CROSS-PLAINTIFF, EDENS LIMITED PARTNERSHIP d/b/a SUNSHINE SQUARE PLAZA COMES NOW the Defendant/Cross-Defendant, THE BRIGHTVIEW LANDSCAPES, LLC (hereinafter referred to as “BRIGHTVIEW”) by and through by and through its undersigned counsel, and hereby requests that the Defendant/Cross-Plaintiff, EDENS LIMITED PARTNERSHIP d/b/a SUNSHINE SQUARE PLAZA (hereinafter referred to as “EDENS”), produce the following documents or legible copies of the following documents: 24378063.v1 '** FILED: PALM BEACH COUNTY, FL JOSEPH ABRUZZO, CLERK. 01/11/2022 09:17:52 AM ***It is requested that the aforesaid production be made on or before thirty (30) days from the date of service, at the offices of GOLDBERG SEGALLA, LLP, 222 Lakeview Avenue, Suite 800, West Palm Beach, FL 33401. 1. All correspondence or emails or other forms of communication between EDENS or anyone acting on its behalf, and BRIGHTVIEW or anyone acting on its behalf, regarding the accident or any issue which is the subject of this litigation. All correspondence or emails or other forms of communication between EDENS or anyone acting on its behalf, and BRIGHTVIEW or anyone acting on its behalf, regarding the location of the Plaintiff, MARION J. YOUNG BUTERA's fall which is the subject of this litigation, including the “black sprinkler head” referred to in Plaintiff's Complaint as having caused the subject trip and fall and the bushes outside the take-out Chinese restaurant at the subject property where Plaintiff tripped and fell. . All documents or emails, or information regardless of format, currently stored in any manner, that are in the possession, custody or control of EDENS which record, refer, or relate to the installation, configuration, and placement of the “black sprinkler head” referred to in Plaintiff's Complaint as having caused the subject trip and fall. All documents or emails, or information regardless of format, currently stored in any manner, that are in the possession, custody or control of EDENS which support the allegation in Paragraph 4 of your Cross-Claim, to wit: that BRIGHTVIEW’s employees were to “maintain a reasonably safe environment for individuals traversing the premises, including the Plaintiff MARION J. YOUNG BUTERA.” All documents or emails, or information regardless of format, currently stored in any manner, that are in the possession, custody or control of EDENS which record, refer, or 24378063.v1relate to BRIGHTVIEW being responsible or hired to determine the safety of the location of the “black sprinkler head” referred to in Plaintiff's Complaint as having caused the subject trip and fall. 6. All documents or emails, or information regardless of format, currently stored in any manner, that are in the possession, custody or control of EDENS which record, refer, or relate to BRIGHTVIEW being responsible or hired to determine whether customers were walking between bushes outside the take-out Chinese restaurant at the subject property where Plaintiff tripped and fell. 7. All documents or emails, or information regardless of format, currently stored in any manner, that are in the possession, custody or control of EDENS which record, refer, or relate to any communication between EDENS and anyone working on its behalf, and BRIGHTVIEW and anyone acting on its behalf, regarding the work that BRIGHT VIEW was hired to do at the subject property located at: S.E. 18th Street, Boynton Beach, Florida. 8. Copies of all written or recorded statements, regardless of format, currently stored in any manner in your possession regarding the accident or any issue which is the subject of this litigation. 9. All documents or emails, or information regardless of format, currently stored in any manner, that are in the possession, custody or control of EDENS which record, refer, or relate to customers walking between bushes outside the take-out Chinese restaurant at the subject property where Plaintiff tripped and fell. 10. All documents or emails, or information regardless of format, currently stored in any manner, that are in the possession, custody or control of EDENS which record, refer, or 24378063.v1relate to customers tripping and falling on the “black sprinkler head” referred to in Plaintiff's Complaint as having caused the subject trip and fall. 11. Copies of all invoices, ledges, work orders, work order requests, memorandum, written or recorded statements, correspondence, letters, emails or any documents regardless of format, currently stored in any manner, concerning maintenance, inspections, repairs, repair requests and maintenance requests for: (1) the area where the subject accident occurred - between bushes outside the take-out Chinese restaurant where Plaintiff tripped and fell; and (2) the “black sprinkler head” referred to in Plaintiff's Complaint as having caused the subject trip and fall. This Request is for the five-year period prior to the incident described in Plaintiff's Complaint and for the two-year period after the incident described in Plaintiff's Complaint. 12. All contracts, subcontracts, and written agreements between you and any third-party concerning the installation, placement, and configuration of the “black sprinkler head” referred to in Plaintiff's Complaint as having caused the subject trip and fall. In your Response, you can redact any confidential pricing information. 13. All contracts, subcontracts, and written agreements between you and any third-party concerning inspection, repairs and maintenance of: (1) the area where the subject accident occurred - between bushes outside the take-out Chinese restaurant where Plaintiff tripped and fell; and (2) the “black sprinkler head” referred to in Plaintiff's Complaint as having caused the subject trip and fall. This Request is for the five-year period prior to the incident described in Plaintiffs Complaint and for the two-year period after the incident described in Plaintiff's Complaint. In your Response, you can redact any confidential pricing information. 24378063.v114. Any and all photographs (CD format and/or laser color copies, and if applicable, the original computer file for the photograph (i.e. JPEG image file or similar file format)), films, videotapes, diagrams, drawings, surveys or similar documents in the possession of EDENS and EDEN’s counsel, investigators, agents, servants, or employees which are in any manner related to the subject matter of this lawsuit, CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was forwarded electronically to Barry G. Hoffman, Esquire, (Attorney for Plaintiff) hchlawoffice@aol.com, BARRY G. HOFFMAN LAW FIRM, P.A., 9045 La Fontana Blvd., Suite 106, Boca Raton, FL 33434; Mitchell H. Katler, Esquire, (Adorney for Defendant, Edens Limited Partnership d/b/a Sunshine Square Plaza), MKatler@travelers.com EGuilbea@travelers.com; TGruende@travelers.com; Law Offices of James W. Kehoe, III, 3230 West Commercial Blvd., Suite 250, Ft. Lauderdale, FL 33309, this 11th day of January 2022. The certificate is taken as prima facie proof of such service in compliance with Fla. R. Jud. Admin. 2.516. /s/ David J. Majcak GOLDBERG SEGALLA, LLP David J. Majcak, Esquire Florida Bar No. 0073883 Rodney Janis, Esquire Florida Bar No. 647896 222 Lakeview Avenue, Suite 800 West Palm Beach, FL 33401 (561) 618-4466 Office (561) 618-4549 Fax dmajcak@goldbergsegalla.com 24378063.v1