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Filing# 139024653 E-Filed 11/22/2021 05:09:18 PM
IN THE CIRCUIT COURT OF THE 17TH
JUDICIAL
CIRCUIT
IN
AND
FOR
BROWARD COUNTY, FLORIDA
CASE NO.: 062021 CA016576 (25)
AARON BRUNER,
Plaintiff,
V
BONNIE JUDSON,
Defendant.
DEFENDANT'S RESPONSE TO PLAINTIFF'S FIRST REQUEST FOR PRODUCTION
COMES NOW, Defendant, BONNIE JUDSON, by and through her undersigned
counsel, and pursuant to Florida Rule of Civil Procedure 1.350, hereby files this, her
Response to Plaintiffs First Request for Production, and would state as follows:
1.
Photographs, images, drawing, graphs, charts, writings,videos and motion
pictures depicting the area where the incident described in the Complaint is alleged to
have occurred on the date of loss.
RESPONSE: See attached photographs.
2.
Electronic/digitalimage and video files in native format (originalunedited
format) depicting the area where the incident described in the Complaint is alleged to
have occurred on the date of loss. (Said request is limited to 12 hours priorto the incident
described in the Complaint until 12 hours after the incident described in the Complaint.
Page 1
COLE, SCOTT & KISSANE, P.A.
ESPERANTE BUILDING - 222 LAKEVIEW AVENUE, SUITE 120 - WEST PALM BEACH, FLORIDA 33401 (561) 383-
9200 - (561) 683-8977 FAX
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 11/22/2021 05:09:18 PM.****
CASE NO.: 062021 CA016576 (25)
RESPONSE: See attached photographs.
3.
Photographs, images, drawing, graphs, charts, writings,videos and motion
pictures depicting injuriesto any individual and/or property damage as a result of the
incident described in the complaint.
RESPONSE: None.
4.
Electronic/digital
image and video files in native format (originalunedited
format) depicting injuriesto any individual and/or property damage as a result of the
incident described in the complaint.
RESPONSE: None.
5.
All surveillance films,photographs and/or surveillance reports of the Plaintiff
subsequent to the date of loss. (Includingfilms in the possession of Defendant's attorney,
Defendant's insurer and/or Defendant's agents)
RESPONSE: None.
6.
Electronic/digital
image and video files in native format (originalunedited
format) depicting Plaintiff.
RESPONSE: See attached photographs.
7.
Photographs, images, drawing, graphs, charts, writings,videos and motion
pictures depicting Plaintiff.
RESPONSE: See attached photographs.
8.
Any and all video evidence and/or digitalrecordings showing the Defendant
inspected, cleaned or maintained the area where the incident described in the Complaint
is alleged to have occurred on the date of the incident described in the Complaint.
Page 2
COLE, SCOTT & KISSANE, P.A.
ESPERANTE BUILDING - 222 LAKEVIEW AVENUE, SUITE 120 - WEST PALM BEACH, FLORIDA 33401 (561) 383-
9200 - (561) 683-8977 FAX
CASE NO.: 062021 CA016576 (25)
RESPONSE: None.
9.
Any and all documents and/or records which evidence the Defendant
inspected, cleaned or maintained the area where the incident described in the Complaint
is alleged to have occurred on the date of the incident described in the Complaint.
RESPONSE: None.
10.
Any and all videos or digitally
recorded information recorded on the date of
Plaintiffs fall by any and all cameras/recording devises located at the property where
Plaintiffs fall occurred.
RESPONSE: None.
11.
A copy of any letters to the Defendant sent on Plaintiffs behalf that
addressed preservation of evidence and records reflectingwhen said documents were
received by Defendant.
RESPONSE: None.
12.
All statement of the Plaintiff;including, but not limited to, examinations
under oath, EUOs, pre-trialrecorded statement, deposition transcriptsor written or
adopted statements of Plaintiff,taped statement, steno graphically recorded or
videotaped of the Plaintiff.
RESPONSE: None.
13.
Any and all statements, whether written, taped, steno graphically recorded
or videotaped from any person or potentialwitness regarding the facts of this lawsuit. If
you claim that any of these statements are privileged or protected, please provide a
Page 3
COLE, SCOTT & KISSANE, P.A.
ESPERANTE BUILDING - 222 LAKEVIEW AVENUE, SUITE 120 - WEST PALM BEACH, FLORIDA 33401 (561) 383-
9200 - (561) 683-8977 FAX
CASE NO.: 062021 CA016576 (25)
privilegelog describing the nature of the documents withheld with sufficient detail to allow
Plaintiff to assess the applicabilityof the privilegeor protection asserted.
RESPONSE: Objection. Claim-file privilege, attorney-client privilege, and
work product.
14.
Any and all incident reports,or other documents describing this incident in
the possession, custody, or control of this or this Defendant, its agents, or attorneys. If
you claim that any of these statements are privilegedor protected, please provide a
privilegelog describing the nature of the documents withheld with sufficient detail to allow
Plaintiff to assess the applicability
of the privilegeor protectionasserted.
RESPONSE: Objection. Claim-file privilege and work product.
15.
Any and all documents, referencing the Plaintiff(s)in the possession
custody or control of the Defendant created priorto the filing
of the subject lawsuit. If you
claim that any of these documents are privilegedor protected,please provide a privilege
log describing the nature of the documents withheld with sufficient detail to allow Plaintiff
to assess the applicability
of the privilegeor protectionasserted.
RESPONSE: Objection. Overbroad and unduly burdensome. Also, claim-file
privilege and work product. Notwithstanding said objection, see attached
correspondence with Plaintiff's counsel.
16.
Any and all electronic mail referencing the Plaintiff(s)
in the possession,
custody or control of Defendant created prior to the filingof the subject lawsuit. Said
Request does not seek any correspondence between Defendant and Counsel. If you
claim that any of these statements are privilegedor protected, please provide a privilege
Page 4
COLE, SCOTT & KISSANE, P.A.
ESPERANTE BUILDING - 222 LAKEVIEW AVENUE, SUITE 120 - WEST PALM BEACH, FLORIDA 33401 (561) 383-
9200 - (561) 683-8977 FAX
CASE NO.: 062021 CA016576 (25)
log describing the nature of the documents withheld with sufficient detail to allow Plaintiff
to assess the applicabilityof the privilegeor protection asserted.
RESPONSE: Objection. Claim-file privilege and work product.
17.
A copy of all policiesof insurance which cover or may cover Defendant for
damages sustained by the Plaintiff in the incident described in the Complaint, should
Plaintiff be entitled to damages; including,the declaration page(s) and face sheet(s)
showing the dollar amounts of coverage.
RESPONSE: See attached.
18.
All documents identifyingall priorsimilar tripand falls and/or slipand falls
occurring at the subject store where it was alleged or invitee of the Defendant fell. This
request is limited to tripand falls and/or slipand falls occurring within the 3 years priorto
the subject incident. (Please provide a PrivilegeLog if items withheld.)
RESPONSE: None.
19.
If you claim that a third party may be liable in whole or in part for the injuries
of the Plaintiff,
please provide any and all documents supporting this contention.
RESPONSE: Not applicable.
20.
Documentation and records evidencing any prior injuriesand medical
treatment relatingto the Plaintiff. (Including records in the possession of Defendant's
attorney, Defendant's insurer and/or Defendant's agents)
RESPONSE: None.
21.
A copy of any diagnostic film re-read report, radiology report, compulsory
medical exam and/or medical record review report.
Page 5
COLE, SCOTT & KISSANE, P.A.
ESPERANTE BUILDING - 222 LAKEVIEW AVENUE, SUITE 120 - WEST PALM BEACH, FLORIDA 33401 (561) 383-
9200 - (561) 683-8977 FAX
CASE NO.: 062021 CA016576 (25)
RESPONSE: None.
22.
Documentation evidencing any prioror subsequent lawsuit and/or litigation
involvingany party to the subject lawsuit.
RESPONSE: None.
23.
Any and all correspondence between any two parties to this action
(including,but not limited to, text message, email, letters and digitalmessages) pertaining
to the incident described in the complaint. Said request does not seek correspondence
or pleading between the parties and counsel.
RESPONSE: See attached.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this 22nd day of November, 2021, a true and correct
copy of the foregoing was filed with the Clerk of Broward County by using the Florida
Court's E-Filing Portal, which will send an automatic e-mail message to the following
parties registered with the E-Filing Portal system:
Vincent Duffy, Esq., Goldman &
Daszkal, P.A., service.duffy@gdinjurylaw.com; jfontaine@gdinjurylaw.com, 1630 West
Hillsboro Boulevard, Deerfield Beach, FL 33442, (954) 428-9333/(954) 428-9338 (F),
Attorney for Plaintiff.
COLE, SCOTT & KISSANE, P.A.
Counsel for Defendant
222 Lakeview Avenue, Suite 120
West Palm Beach, Florida 33401
Telephone (561) 383-9262
Facsimile (561) 683-8977
Primary brian.pita@csklegal.corn
Secondary cassandra.pierre@csklegal.corn
Alternate: kristin.miller@csklegal.corn
By s/ Cassandra Pierre
BRIAN S. PITA
Florida Bar No.- 41903
CASSANDRA PIERRE
Florida Bar No.: 127410
Page 6
COLE, SCOTT & KISSANE, P.A.
ESPERANTE BUILDING - 222 LAKEVIEW AVENUE, SUITE 120 - WEST PALM BEACH, FLORIDA 33401 (561) 383-
9200 - (561) 683-8977 FAX
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Filing# 139024653 E-Filed 11/22/2021 05:09:18 PM IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CASE NO.: 062021 CA016576 (25) AARON BRUNER, Plaintiff, V BONNIE JUDSON, Defendant. DEFENDANT'S RESPONSE TO PLAINTIFF'S FIRST REQUEST FOR PRODUCTION COMES NOW, Defendant, BONNIE JUDSON, by and through her undersigned counsel, and pursuant to Florida Rule of Civil Procedure 1.350, hereby files this, her Response to Plaintiffs First Request for Production, and would state as follows: 1. Photographs, images, drawing, graphs, charts, writings,videos and motion pictures depicting the area where the incident described in the Complaint is alleged to have occurred on the date of loss. RESPONSE: See attached photographs. 2. Electronic/digitalimage and video files in native format (originalunedited format) depicting the area where the incident described in the Complaint is alleged to have occurred on the date of loss. (Said request is limited to 12 hours priorto the incident described in the Complaint until 12 hours after the incident described in the Complaint. Page 1 COLE, SCOTT & KISSANE, P.A. ESPERANTE BUILDING - 222 LAKEVIEW AVENUE, SUITE 120 - WEST PALM BEACH, FLORIDA 33401 (561) 383- 9200 - (561) 683-8977 FAX *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 11/22/2021 05:09:18 PM.**** CASE NO.: 062021 CA016576 (25) RESPONSE: See attached photographs. 3. Photographs, images, drawing, graphs, charts, writings,videos and motion pictures depicting injuriesto any individual and/or property damage as a result of the incident described in the complaint. RESPONSE: None. 4. Electronic/digital image and video files in native format (originalunedited format) depicting injuriesto any individual and/or property damage as a result of the incident described in the complaint. RESPONSE: None. 5. All surveillance films,photographs and/or surveillance reports of the Plaintiff subsequent to the date of loss. (Includingfilms in the possession of Defendant's attorney, Defendant's insurer and/or Defendant's agents) RESPONSE: None. 6. Electronic/digital image and video files in native format (originalunedited format) depicting Plaintiff. RESPONSE: See attached photographs. 7. Photographs, images, drawing, graphs, charts, writings,videos and motion pictures depicting Plaintiff. RESPONSE: See attached photographs. 8. Any and all video evidence and/or digitalrecordings showing the Defendant inspected, cleaned or maintained the area where the incident described in the Complaint is alleged to have occurred on the date of the incident described in the Complaint. Page 2 COLE, SCOTT & KISSANE, P.A. ESPERANTE BUILDING - 222 LAKEVIEW AVENUE, SUITE 120 - WEST PALM BEACH, FLORIDA 33401 (561) 383- 9200 - (561) 683-8977 FAX CASE NO.: 062021 CA016576 (25) RESPONSE: None. 9. Any and all documents and/or records which evidence the Defendant inspected, cleaned or maintained the area where the incident described in the Complaint is alleged to have occurred on the date of the incident described in the Complaint. RESPONSE: None. 10. Any and all videos or digitally recorded information recorded on the date of Plaintiffs fall by any and all cameras/recording devises located at the property where Plaintiffs fall occurred. RESPONSE: None. 11. A copy of any letters to the Defendant sent on Plaintiffs behalf that addressed preservation of evidence and records reflectingwhen said documents were received by Defendant. RESPONSE: None. 12. All statement of the Plaintiff;including, but not limited to, examinations under oath, EUOs, pre-trialrecorded statement, deposition transcriptsor written or adopted statements of Plaintiff,taped statement, steno graphically recorded or videotaped of the Plaintiff. RESPONSE: None. 13. Any and all statements, whether written, taped, steno graphically recorded or videotaped from any person or potentialwitness regarding the facts of this lawsuit. If you claim that any of these statements are privileged or protected, please provide a Page 3 COLE, SCOTT & KISSANE, P.A. ESPERANTE BUILDING - 222 LAKEVIEW AVENUE, SUITE 120 - WEST PALM BEACH, FLORIDA 33401 (561) 383- 9200 - (561) 683-8977 FAX CASE NO.: 062021 CA016576 (25) privilegelog describing the nature of the documents withheld with sufficient detail to allow Plaintiff to assess the applicabilityof the privilegeor protection asserted. RESPONSE: Objection. Claim-file privilege, attorney-client privilege, and work product. 14. Any and all incident reports,or other documents describing this incident in the possession, custody, or control of this or this Defendant, its agents, or attorneys. If you claim that any of these statements are privilegedor protected, please provide a privilegelog describing the nature of the documents withheld with sufficient detail to allow Plaintiff to assess the applicability of the privilegeor protectionasserted. RESPONSE: Objection. Claim-file privilege and work product. 15. Any and all documents, referencing the Plaintiff(s)in the possession custody or control of the Defendant created priorto the filing of the subject lawsuit. If you claim that any of these documents are privilegedor protected,please provide a privilege log describing the nature of the documents withheld with sufficient detail to allow Plaintiff to assess the applicability of the privilegeor protectionasserted. RESPONSE: Objection. Overbroad and unduly burdensome. Also, claim-file privilege and work product. Notwithstanding said objection, see attached correspondence with Plaintiff's counsel. 16. Any and all electronic mail referencing the Plaintiff(s) in the possession, custody or control of Defendant created prior to the filingof the subject lawsuit. Said Request does not seek any correspondence between Defendant and Counsel. If you claim that any of these statements are privilegedor protected, please provide a privilege Page 4 COLE, SCOTT & KISSANE, P.A. ESPERANTE BUILDING - 222 LAKEVIEW AVENUE, SUITE 120 - WEST PALM BEACH, FLORIDA 33401 (561) 383- 9200 - (561) 683-8977 FAX CASE NO.: 062021 CA016576 (25) log describing the nature of the documents withheld with sufficient detail to allow Plaintiff to assess the applicabilityof the privilegeor protection asserted. RESPONSE: Objection. Claim-file privilege and work product. 17. A copy of all policiesof insurance which cover or may cover Defendant for damages sustained by the Plaintiff in the incident described in the Complaint, should Plaintiff be entitled to damages; including,the declaration page(s) and face sheet(s) showing the dollar amounts of coverage. RESPONSE: See attached. 18. All documents identifyingall priorsimilar tripand falls and/or slipand falls occurring at the subject store where it was alleged or invitee of the Defendant fell. This request is limited to tripand falls and/or slipand falls occurring within the 3 years priorto the subject incident. (Please provide a PrivilegeLog if items withheld.) RESPONSE: None. 19. If you claim that a third party may be liable in whole or in part for the injuries of the Plaintiff, please provide any and all documents supporting this contention. RESPONSE: Not applicable. 20. Documentation and records evidencing any prior injuriesand medical treatment relatingto the Plaintiff. (Including records in the possession of Defendant's attorney, Defendant's insurer and/or Defendant's agents) RESPONSE: None. 21. A copy of any diagnostic film re-read report, radiology report, compulsory medical exam and/or medical record review report. Page 5 COLE, SCOTT & KISSANE, P.A. ESPERANTE BUILDING - 222 LAKEVIEW AVENUE, SUITE 120 - WEST PALM BEACH, FLORIDA 33401 (561) 383- 9200 - (561) 683-8977 FAX CASE NO.: 062021 CA016576 (25) RESPONSE: None. 22. Documentation evidencing any prioror subsequent lawsuit and/or litigation involvingany party to the subject lawsuit. RESPONSE: None. 23. Any and all correspondence between any two parties to this action (including,but not limited to, text message, email, letters and digitalmessages) pertaining to the incident described in the complaint. Said request does not seek correspondence or pleading between the parties and counsel. RESPONSE: See attached. CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 22nd day of November, 2021, a true and correct copy of the foregoing was filed with the Clerk of Broward County by using the Florida Court's E-Filing Portal, which will send an automatic e-mail message to the following parties registered with the E-Filing Portal system: Vincent Duffy, Esq., Goldman & Daszkal, P.A., service.duffy@gdinjurylaw.com; jfontaine@gdinjurylaw.com, 1630 West Hillsboro Boulevard, Deerfield Beach, FL 33442, (954) 428-9333/(954) 428-9338 (F), Attorney for Plaintiff. COLE, SCOTT & KISSANE, P.A. Counsel for Defendant 222 Lakeview Avenue, Suite 120 West Palm Beach, Florida 33401 Telephone (561) 383-9262 Facsimile (561) 683-8977 Primary brian.pita@csklegal.corn Secondary cassandra.pierre@csklegal.corn Alternate: kristin.miller@csklegal.corn By s/ Cassandra Pierre BRIAN S. PITA Florida Bar No.- 41903 CASSANDRA PIERRE Florida Bar No.: 127410 Page 6 COLE, SCOTT & KISSANE, P.A. ESPERANTE BUILDING - 222 LAKEVIEW AVENUE, SUITE 120 - WEST PALM BEACH, FLORIDA 33401 (561) 383- 9200 - (561) 683-8977 FAX