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Filing # 59336426 E-Filed 07/21/2017 11:16:48 AM
IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT
IN AND FOR ORANGE COUNTY, FLORIDA
MARCELO DIAZ, as Personal Representative CASE NO.: 2008-CA-11228-0
of the Estate of HERMINIA DIAZ,
Plaintiff,
vs.
HARINATH SHEELA, M.D., DIGESTIVE AND
LIVER CENTER OF FLORIDA, P.A., et al
Defendants.
___________________________________________________/
DEFENDANTS, HARINATH SHEELA, M.D., AND DIGESTIVE AND LIVER
CENTER OF FLORIDA, P.A.’S MOTION TO BIFURCATE
PUNITIVE DAMAGES CLAIM
Defendants, HARINATH SHEELA, M.D. (“Dr. Sheela”) and DIGESTIVE AND LIVER
CENTER OF FLOIRDA, P.A. (collectively “Defendants”), by and through the undersigned counsel,
hereby file this Motion to Bifurcate Plaintiff’s Claim for Punitive Damages, and as grounds
therefore, state as follows:
1. This is an action for damages pursuant to the Florida Wrongful Death Act, sounding
in alleged medical negligence arising from a colonoscopy performed by Dr. Sheela on the Decedent
on January 4, 2007. The Decedent subsequently experienced a perforation of her colon and passed
away on January 24, 2007.
2. On March 30, 2016, this Court entered an Order Granting Plaintiff’s Motion for
Leave to Amend Complaint to Claim Punitive Damages.
3. Although the Defendants have filed a Motion for Reconsideration of the Court’s
Order, in the event that Plaintiff is permitted to plead punitive damages at the time of trial, the
Defendants seek to bifurcate the determination of liability for punitive damages from the
determination of the amount of punitive damages at the time of trial, pursuant to W.R. Grace & Co.-
Conn v. Waters, 638 So. 2d 502 (Fla. 1994).
4. In Grace, the Florida Supreme Court recognized that “defendants…who are forced to
litigate the issue of liability and punitive damages in the same proceeding are at a severe
disadvantage.” Id. at 506. The Grace court announced a new procedure by which punitive damages in
Florida may be sought by plaintiffs, holding that trial courts, “when presented with a timely motion,
should bifurcate the determination of the amount of punitive damages from the remaining issues at
trial.” Id. “At the first stage of a trial in which punitive damages are an issue, the jury should hear
evidence regarding liability for actual damages, the amount of actual damages, and liability for
punitive damages, and should make determinations on those issues.” Id. Only if during this first stage
“the jury determines that punitive damages are warranted, the same jury should then hear evidence
relevant to the amount of punitive damages and should determine the amount for which the
defendant is liable.” Id.
5. If the issues of liability and quantity of punitive damages are not bifurcated,
Defendants will be unfairly prejudiced as evidence of their financial worth shall be presented to the
jury and may cause a jury to allow sympathy for the Plaintiff, or ire towards the Defendants, along
with a belief that the Defendants are in a financial position to pay the Plaintiff, to taint their
evaluation of the evidence. Id. Conversely, the Plaintiff will suffer no prejudice if the proceedings are
bifurcated and presentation of information pertinent to the amount of punitive damages is presented
following the determination by the jury that Defendants’ conduct rose to the requisite level of
culpability so as to warrant the award of punitive damages.
WHEREFORE, the Defendants, Harinath Sheela, M.D. and Digestive and Liver Center of
Florida, P.A., respectfully request this Court to enter an Order bifurcating the determination of the
amount of punitive damages to be awarded from the determination of the Defendants’ liability for
punitive damages, along with any and all other relief this Court deems just and proper.
DENNIS, JACKSON, MARTIN
& FONTELA, P.A.
By:__________________________________
ROGELIO J. FONTELA (FBN: 0956473)
SHYLIE A. BANNON (FBN: 067886)
Dennis, Jackson, Martin & Fontela, P.A.
1591 Summit Lake Drive, Suite 200
Tallahassee, FL 32317
(850) 422-3345
(850) 422-1325 (Fax)
Attorney for Defendants Harinath Sheela, M.D. and
Digestive and Liver Center of Florida, P.A.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was furnished by ECF
system this 21st day of July 2017 to: Carlos R. Diez-Arguelles, Esquire, Diez-Arguelles & Tejedor,
505 North Mills Avenue, Orlando, Florida 32803.
DENNIS, JACKSON, MARTIN
& FONTELA, P.A.
By:__________________________________
ROGELIO J. FONTELA (FBN: 0956473)
SHYLIE A. BANNON (FBN: 067886)
Dennis, Jackson, Martin & Fontela, P.A.
1591 Summit Lake Drive, Suite 200
Tallahassee, FL 32317
(850) 422-3345
(850) 422-1325 (Fax)
Attorney for Defendants Harinath Sheela, M.D. and
Digestive and Liver Center of Florida, P.A.
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Filing # 59336426 E-Filed 07/21/2017 11:16:48 AM IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR ORANGE COUNTY, FLORIDA MARCELO DIAZ, as Personal Representative CASE NO.: 2008-CA-11228-0 of the Estate of HERMINIA DIAZ, Plaintiff, vs. HARINATH SHEELA, M.D., DIGESTIVE AND LIVER CENTER OF FLORIDA, P.A., et al Defendants. ___________________________________________________/ DEFENDANTS, HARINATH SHEELA, M.D., AND DIGESTIVE AND LIVER CENTER OF FLORIDA, P.A.’S MOTION TO BIFURCATE PUNITIVE DAMAGES CLAIM Defendants, HARINATH SHEELA, M.D. (“Dr. Sheela”) and DIGESTIVE AND LIVER CENTER OF FLOIRDA, P.A. (collectively “Defendants”), by and through the undersigned counsel, hereby file this Motion to Bifurcate Plaintiff’s Claim for Punitive Damages, and as grounds therefore, state as follows: 1. This is an action for damages pursuant to the Florida Wrongful Death Act, sounding in alleged medical negligence arising from a colonoscopy performed by Dr. Sheela on the Decedent on January 4, 2007. The Decedent subsequently experienced a perforation of her colon and passed away on January 24, 2007. 2. On March 30, 2016, this Court entered an Order Granting Plaintiff’s Motion for Leave to Amend Complaint to Claim Punitive Damages. 3. Although the Defendants have filed a Motion for Reconsideration of the Court’s Order, in the event that Plaintiff is permitted to plead punitive damages at the time of trial, the Defendants seek to bifurcate the determination of liability for punitive damages from the determination of the amount of punitive damages at the time of trial, pursuant to W.R. Grace & Co.- Conn v. Waters, 638 So. 2d 502 (Fla. 1994). 4. In Grace, the Florida Supreme Court recognized that “defendants…who are forced to litigate the issue of liability and punitive damages in the same proceeding are at a severe disadvantage.” Id. at 506. The Grace court announced a new procedure by which punitive damages in Florida may be sought by plaintiffs, holding that trial courts, “when presented with a timely motion, should bifurcate the determination of the amount of punitive damages from the remaining issues at trial.” Id. “At the first stage of a trial in which punitive damages are an issue, the jury should hear evidence regarding liability for actual damages, the amount of actual damages, and liability for punitive damages, and should make determinations on those issues.” Id. Only if during this first stage “the jury determines that punitive damages are warranted, the same jury should then hear evidence relevant to the amount of punitive damages and should determine the amount for which the defendant is liable.” Id. 5. If the issues of liability and quantity of punitive damages are not bifurcated, Defendants will be unfairly prejudiced as evidence of their financial worth shall be presented to the jury and may cause a jury to allow sympathy for the Plaintiff, or ire towards the Defendants, along with a belief that the Defendants are in a financial position to pay the Plaintiff, to taint their evaluation of the evidence. Id. Conversely, the Plaintiff will suffer no prejudice if the proceedings are bifurcated and presentation of information pertinent to the amount of punitive damages is presented following the determination by the jury that Defendants’ conduct rose to the requisite level of culpability so as to warrant the award of punitive damages. WHEREFORE, the Defendants, Harinath Sheela, M.D. and Digestive and Liver Center of Florida, P.A., respectfully request this Court to enter an Order bifurcating the determination of the amount of punitive damages to be awarded from the determination of the Defendants’ liability for punitive damages, along with any and all other relief this Court deems just and proper. DENNIS, JACKSON, MARTIN & FONTELA, P.A. By:__________________________________ ROGELIO J. FONTELA (FBN: 0956473) SHYLIE A. BANNON (FBN: 067886) Dennis, Jackson, Martin & Fontela, P.A. 1591 Summit Lake Drive, Suite 200 Tallahassee, FL 32317 (850) 422-3345 (850) 422-1325 (Fax) Attorney for Defendants Harinath Sheela, M.D. and Digestive and Liver Center of Florida, P.A. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was furnished by ECF system this 21st day of July 2017 to: Carlos R. Diez-Arguelles, Esquire, Diez-Arguelles & Tejedor, 505 North Mills Avenue, Orlando, Florida 32803. DENNIS, JACKSON, MARTIN & FONTELA, P.A. By:__________________________________ ROGELIO J. FONTELA (FBN: 0956473) SHYLIE A. BANNON (FBN: 067886) Dennis, Jackson, Martin & Fontela, P.A. 1591 Summit Lake Drive, Suite 200 Tallahassee, FL 32317 (850) 422-3345 (850) 422-1325 (Fax) Attorney for Defendants Harinath Sheela, M.D. and Digestive and Liver Center of Florida, P.A.