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Filing # 132312956 E-Filed 08/09/2021 04:25:25 PM
IN THE CIRCUIT COURT OF THE EIGHTH
JUDICIAL CIRCUIT IN AND FOR
ALACHUA COUNTY, FLORIDA.
CASE NO: 2020CA001350XXXXXX
BRENDA SNOW,
Plaintiff(s),
vs.
SHANDS TEACHING HOSPITAL AND
CLINICS, INC. d/b/a UF HEALTH SHANDS
HOSPITAL, A Florida Non-Profit Corporation
and UNIVERSITY OF FLORIDA BOARD OF
TRUSTEES d/b/a UF HEALTH EYE
CENTER, a Florida Public Body Corporate,
Defendant(s).
/
PLAINTIFF'S MOTION TO EXPAND NUMBER OF INTERROGATORIES
PROPOUNDED TO THE DEFENDANTS
Plaintiff(s), BRENDA SNOW by and through the undersigned counsel, moves this
Honorable Court pursuant to the provisions of Rule 1.340(a), Florida Rules of Civil Procedure, to
increase the number of Interrogatories permitted herein so as to allow for the filing of additional
interrogatories in accordance with those attached, and in support of this motion, Plaintiff would
show:
1. The elements of the claims asserted and the nature and complexity of the factual
circumstances giving rise to the claims are not susceptible to being adequately covered within the
thirty interrogatory limit.
2. The elements of defenses asserted or expected to be asserted are not susceptible to
being adequately covered within the interrogatory limit. The Defendant is objecting to Plaintiffs
interrogatories attempting to obtain the required information about their Affirmative Defenses.
"2020 CA 001350" 132312956 Filed at Alachua County Clerk 08/09/2021 04:25:32 PM EDT3. The use of written interrogatories is the least burdensome, least expensive and most
expeditious discovery means available to the Plaintiff by which to obtain necessary information
and narrow trial issues.
4. The Defendants will not be prejudiced through the granting of this motion.
5. The foregoing factors and others to be presented upon hearing of this Motion
constitute good cause for increasing the number of initial interrogatories permitted herein.
6. Plaintiff, BRENDA SNOW, propounded Affirmative Defense Interrogatories to the
Defendant, SHANDS TEACHING HOSPITAL AND CLINICS, INC. on July 23, 2021 (attached
as Exhibit A). On August 6, 2021, the Defendant filed its Objections to the Affirmative Defense
Interrogatories (attached as Exhibit B).
7. Plaintiff, BRENDA SNOW, will also be propounding Affirmative Defense
Interrogatories to Defendant, UNIVERSITY OF FLORIDA BOARD OF TRUSTEES, and
Plaintiff anticipates the same objection being filed by this Defendant.
WHEREFORE, Plaintiff, BRENDA SNOW, respectfully requests this Honorable Court
enter an Order granting Plaintiff's Motion to Expand the Number of Interrogatories Propounded
on both Defendants.
I HEREBY CERTIFY that a true and correct copy of the foregoing was sent via E-Serve
to all Counsel on the attached list, this 9th day of August, 2021.
4s/Andrea A. Lewis
Andrea A. Lewis, Esquire
Florida Bar No.: 85331
Primary E-Mail: lewisteam@searcylaw.com
Attorney E-Mail: alewis@searcylaw.com
Secondary E-Mail: mweschrek@searcylaw.com
Searcy Denney Scarola Barnhart & Shipley, P.A.
2139 Palm Beach Lakes BoulevardWest Palm Beach, Florida 33409
Phone: (561) 686-6300
Fax: (561) 383-9402
Attorney for Plaintiffs
COUNSEL LIST
Andrea A. Lewis, Esq.
Florida Bar No.: 85331
Searcy Denney Scarola Barnhart & Shipley, P.A.
2139 Palm Beach Lakes Boulevard
West Palm Beach, FL 33409
Phone: (561) 686-6300
Fax: (561) 383-9441
Primary E-Mail: lewisteam@searcylaw.com
Attorney Email: alewis@searcylaw.com
Secondary Email: mweschrek@searcylaw.com
Attorney for Plaintiff, BRENDA SNOW
Francis E. Pierce, Esq.
Florida Bar No.: 0270921
Mateer Harbert, P.A.
225 East Robinson Street, Suite 600
Orlando, FL 32801
Phone: (407)425-9044
Fax: (407)425-9044
Primary Email: litpleadings@mateerharbert.com
Secondary Email: mdavis@mateerharbert.com
Secondary Email: ckozimor@mateerharbert.com
Attorneys for SHANDS TEACHING HOSPITAL AND CLINICS, INC.
Rafael E. Martinez, Esq.
Florida Bar No. 0243248
Wilbert R. Vancol. Esq.
Florida Bar No. 0093132
McEwan, Martinez, Dukes & Hall, P.A.
Post Office Box 753
Orlando, FL 32802-0753
Phone: (407)423-8571
Fax: (407)423-8637
Primary Email: NOS@mmdorl.com
Primary Email: wvancol@mmdorl.com
Primary Email: mearter@mmdorl.com
Attorney Email: rmartinez@mmdorl.com
Secondary Email: glichtenberger@mmdorl.com
3Secondary Email: dmealpin@mmdorl.com
Attorneys for Defendant, UNIVERSITY OF FLORIDA BOARD OF TRUSTEES d/b/a UF
HEALTH EYE CENTER, a Florida Public Body Corporate
Christine R. Davis, Esquire
Florida Bar No: 569372
CARLTON FIELDS, P.A.
215 South Monroe Street, Suite 500
Tallahassee, FL 32301
Phone: (850)224-1585
Email: cdavis@carltonfields.com
Email: sdouglas@ecarltonfields.com
Appellate Counsel and Co-Counsel for Defendants, SHANDS TEACHING HOSPITAL AND
CLINICS, INC. d/b/a UF HEALTH SHANDS HOSPITAL AND UNVERSITY OF FLORIDA
BOARD OF TRUSTEES d/b/a UF HEALTH EYE CENTERFiling # 131276776 E-Filed 07/23/2021 10:43:59 AM
IN THE CIRCUIT COURT OF THE EIGHTH
JUDICIAL CIRCUIT IN AND FOR
ALACHUA COUNTY, FLORIDA.
CASE NO: 2020CA001350XXXXXX
BRENDA SNOW,
Plaintiff(s),
vs.
SHANDS TEACHING HOSPITAL AND
CLINICS, INC. d/b/a UF HEALTH SHANDS
HOSPITAL, A Florida Non-Profit Corporation
and UNIVERSITY OF FLORIDA BOARD
OF TRUSTEES d/b/a UF HEALTH EYE
CENTER, a Florida Public Body Corporate,
Defendant(s).
/
NOTICE OF SERVING AFFIRMATIVE DEFENSE INTERROGATORIES TO
DEFENDANTS, SHANDS TEACHING HOSPITAL AND CLINICS, INC. d/b/a UF
HEALTH SHANDS HOSPITAL
Plaintiff, BRENDA SNOW, hereby gives notice that pursuant to Rule 1.340(e), Florida
Rules of Civil Procedure, Propounds Affirmative Defense Interrogatories numbered one (1)
through eleven (11), have been directed to Defendant, SHANDS TEACHING HOSPITAL AND
CLINICS, INC. d/b/a UF HEALTH SHANDS HOSPITAL.
I HEREBY CERTIFY that a true and correct copy of the foregoing was sent via E-Serve
to all Counsel on the attached list, this 23rd day of July, 2021.
4s/Andrea A. Lewis
Andrea A. Lewis, Esquire
Florida Bar No.: 85331
Primary E-Mail: lewisteam@searcylaw.com
Attorney E-Mail: alewis@searcylaw.com
Secondary E-Mail: mweschrek@searcylaw.com
Searcy Denney Scarola Barnhart & Shipley, P.A.
2139 Palm Beach Lakes Boulevard
Exhibit ACase No.: 50-2020C-001350-XXXXXX (Brasington)
Notice of Serving Affirmative Defense Interrogatories to Defendants, SHANDS
West Palm Beach, Florida 33409
Phone: (561) 686-6300
Fax: (561) 383-9402
Attorney for Plaintiffs
COUNSEL LIST
Andrea A. Lewis, Esq.
Florida Bar No.: 85331
Searcy Denney Scarola Barnhart & Shipley, P.A.
2139 Palm Beach Lakes Boulevard
West Palm Beach, FL 33409
Phone: (561) 686-6300
Fax: (561) 383-9441
Primary E-Mail: lewisteam@searcylaw.com
Attorney Email: alewis@searcylaw.com
Secondary Email: mweschrek@searcylaw.com
Attorney for Plaintiff, BRENDA SNOW
Francis E. Pierce, Esq.
Florida Bar No.: 0270921
Mateer Harbert, P.A.
225 East Robinson Street, Suite 600
Orlando, FL 32801
Phone: (407)425-9044
Fax: (407)425-9044
Primary Email: litpleadings@mateerharbert.com
Secondary Email: mdavis@mateerharbert.com
Secondary Email: ckozimor@mateerharbert.com
Attorneys for SHANDS TEACHING HOSPITAL AND CLINICS, INC.
Rafael E. Martinez, Esq.
Florida Bar No. 0243248
Wilbert R. Vancol. Esq.
Florida Bar No. 0093132
McEwan, Martinez, Dukes & Hall, P.A.
Post Office Box 753
Orlando, FL 32802-0753
Phone: (407)423-8571
Fax: (407)423-8637
Primary Email: NOS@mmdorl.com
Primary Email: wvancol@mmdorl.com
Primary Email: mcarter@mmdorl.com
Attorney Email: rmartinez@mmdorl.comCase No.: 50-2020C-001350-XXXXXX (Brasington)
Notice of Serving Affirmative Defense Interrogatories to Defendants, SHANDS
Secondary Email: glichtenberger@mmdorl.com
Secondary Email: _dmcalpin@mmdorl.com
Attorneys for Defendant, UNIVERSITY OF FLORIDA BOARD OF TRUSTEES d/b/a UF
HEALTH EYE CENTER, a Florida Public Body Corporate
Christine R. Davis, Esquire
Florida Bar No: 569372
CARLTON FIELDS, P.A.
215 South Monroe Street, Suite 500
Tallahassee, FL 32301
Phone: (850)224-1585
Email: cdavis@carltonfields.com
Email: sdouglas@carltonfields.com
Appellate Counsel and Co-Counsel for Defendants, SHANDS TEACHING HOSPITAL AND
CLINICS, INC. d/b/a UF HEALTH SHANDS HOSPITAL AND UNVERSITY OF FLORIDA
BOARD OF TRUSTEES d/b/a UF HEALTH EYE CENTERCase No.: 50-2020C-001350-XXXXXX (Brasington)
Notice of Serving Affirmative Defense Interrogatories to Defendants, SHANDS
AFFIRMATIVE DEFENSE INTERROGATORIES TO DEFENDANT, SHANDS
TEACHING HOSPITAL AND CLINICS
DEFINITIONS
*"Documents" shall include, but not be limited to, writings, drawings, graphs, charts,
photographs, phono-records, recordings, and/or any other data compilations from which
information can be obtained, translated, if necessary, by the party to whom the request is directed
through detection devices into reasonably usable form. “Documents” include all non-identical
copies of all electronic data as well as application metadata and system metadata.
(If answering for another person or entity, answer with respect to
that person or entity, unless otherwise stated.)
1. What is the name and address of the person answering these interrogatories, and, if
possible, the person's official position or relationship with the party to whom the interrogatories
are directed?
2. Regarding Affirmative Defense Number One, what is the factual basis that you are relying
on for your assertion that pursuant to §1004.41(4)(e), Fla. Stat., SHANDS is a corporation
primarily acting as an instrumentality of the State of Florida and is entitled to the benefits and
limitations of Section 768.28, Fla. Stat.
3. Regarding Affirmative Defense Number Two, what is the factual basis that you are relying
on for your assertion that BRENDA SNOW was negligent and her negligence was either the sole
cause or a significant contributing cause of any and all damages and injuries and any and all
damages awarded should be reduced in relation to her negligence?Case No.: 50-2020C-001350-XXXXXX (Brasington)
Notice of Serving Affirmative Defense Interrogatories to Defendants, SHANDS
4. Regarding Affirmative Defense Number Three, what is the factual basis that you are
relying on for your assertion that SHANDS is entitled to set-off of collateral sources of indemnity
pursuant to Section 768.76, Fla. Stat.?
5. Regarding Affirmative Defense Number Four, what is the factual basis that you are relying
on for your assertion that the incident complained of in Plaintiff's Amended Complaint, as revised,
resulted from the actions of other parties, and/or third parties, none of whom were under the
control, supervision or direction of this Defendant? In your answer, please identify the name and
contact information for the third parties that you reference.
6. Regarding Affirmative Defense Number Five, what is the factual basis that you are relying
on for your assertion that the damages complained of in Plaintiff's Amended Complaint, as revised,
are the result of an act of nature, an idiosyncratic reaction and not in any way related to any alleged
acts or omissions on the part of this Defendant? In your answer, please explain what act of nature,
idiosyncratic reaction and/or other occurrence that you are referring to.
7. Regarding Affirmative Defense Number Nine, what is the factual basis that you are relying
on for your assertion that SHANDS is entitled to the application of Section 768.13, Fla. Stat.?Case No.: 50-2020C-001350-XXXXXX (Brasington)
Notice of Serving Affirmative Defense Interrogatories to Defendants, SHANDS
8. Regarding Affirmative Defense Number Ten, what is the factual basis that you are relying
on for your assertion that Plaintiffs claims for medical and hospital expenses are limited or barred
to the extent that any such expenses have been paid and accepted by any health care provider?
9. Regarding Affirmative Defense Number Eleven, what is the factual basis that you are
relying on for your assertion that Plaintiffs damages are subject to being apportioned by and
between parties, nonparties and pre-existing conditions?
10. Regarding Affirmative Defense Number Twelve, what is the factual basis that you are
relying on for your assertion that Plaintiff's claims are the result of superseding and/or intervening
causes and are not the result of any action or inaction of SHANDS. In your answer, please identify
the superseding and/or intervening causes.
11. Regarding Affirmative Defense Number Thirteen, what is the factual basis that you are
relying on for your assertion that Plaintiff is required by Federal law to comply with the Patient
Protection and Affordable Care Act of 2010, Pub. L. No. 111-148, 124 Stat. 119 (Mar. 23, 2010)
("ACA") and all future medical expenses should be limited by this law?Case No.: 50-2020C-001350-XXXXXX (Brasington)
Notice of Serving Affirmative Defense Interrogatories to Defendants, SHANDS
STATE OF )
COUNTY OF )
Sworn to (or affirmed) and subscribed before me by means of
O Physical presence or 11 _ online notarization this day of » 20.
By.
(name of individual Acknowledging)
Individual identified by [1 Personal Knowledge 1 Satisfactory Evidence, Type
(SEAL)
Notary Signature
Notary Public
(Typed, Printed or Stamped Name of Notary Public)Filing # 132191748 E-Filed 08/06/2021 01:16:45 PM
IN THE CIRCUIT COURT OF THE EIGHTH JUDICIAL CIRCUIT
IN AND FOR ALACHUA COUNTY, FLORIDA
BRENDA SNOW, CASE NO. 01 2020-CA-001350
Plaintiffs,
v.
SHANDS TEACHING HOSPITAL
AND CLINICS, INC, d/b/a UF
HEALTH SHANDS HOSPITAL, A
Florida Non-Profit Corporation and
UNIVERSITY OF FLORIDA BOARD
OF TRUSTEES d/b/a UF HEALTH
EYE CENTER a Florida Public Body
Corporate,
Defendants.
/
DEFENDANT, SHANDS TEACHING HOSPITAL AND CLINICS, INC,’S
OBJECTIONS TO PLAINTIFF’S AFFIRMATIVE DEFENSE INTERROGATORIES
COMES NOW Defendant, SHANDS TEACHING HOSPITAL AND CLINICS, INC.
(hereinafter “Shands”), by and through their undersigned attorneys, pursuant to Rule 1.340(a), Fla.
R. Civ. P., and objects to Plaintiffs Notice of Serving Affirmative Defense Interrogatories to
Defendants (sic) Shands Teaching Hospital and Clinics, Inc., ete., and for grounds would state:
1, Rule 1.340(a), Fla. R. Civ. P., limits the number of interrogatories served to 30,
including subparts.
2. Plaintiff served 28 numbered interrogatories to Defendant Shands on May 20, 2020,
including several with subparts.
3. Plaintiffs Affirmative Defense Interrogatories, served July 23, 2021, have 11
numbered interrogatories, again several having subparts.
Exhibit B4. Plaintiff is not permitted to exceed 30 interrogatories without filing a motion on
notice and for good cause.
5. Plaintiff has not filed any motion to exceed the limitation on the number of
interrogatories and has shown no good cause to do so,
6, Defendant Shands objects to Plaintiff's Affirmative Defense Interrogatories as
these interrogatories exceed the limitations of Rule 1.340(a), Fla. R. civ. P.
7. Plaintiff is not entitled to create her own rules of discovery. Rule 1.340, Fla. R.
Civ. P, does not provide for a party to attempt to provide “definitions” for any term, yet Plaintiff's
Affirmative Defense interrogatories starts with “Definitions”. Defendant Shands objects to the
Plaintiffs Affirmative Defense interrogatories as the “Definitions” paragraph to those
interrogatories exceeds the permissible scope of discovery of Rule 1.340, Fla. R. Civ. P.
8. Defendant Shands object to Plaintiff's Affirmative Defense interrogatories as these
interrogatories invade the work product privilege of Defendant and its counsel.
9 Defendant Shands reserves all other substantive objections to these interrogatories
if they are lawfully posed.
WHEREFORE, Defendant SHANDS TEACHING HOSPITAL AND CLINICS, INC.
objects to Plaintiff's Affirmative Defense Interrogatories.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy hereof was furnished by electronic mail
this 6th day of August 2021, to Andrea Lewis, Esq. Attorneys for Plaintiff,
lewisteam@searcylaw.com; alewis@searcylaw.com; mweschrek@searcylaw.com; and Rafael
Martinez, Esq., Attorneys for University of Florida Board of Trustees, mmartinez@mmdorl.com.4819-0554-4693, v. 1
Francis E. Pierce, III, Esq.
Florida Bar No. 0270921
Mateer Harbert, P.A.
225 East Robinson St., Suite 600
Orlando, FL 32801
Ph. 407-425-9044
Facsimile 407-423-2016
litpleadings@mateerharbert.com
Attorneys for SHANDS TEACHING
HOSPITAL AND CLINICS, INC.
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Filing # 132312956 E-Filed 08/09/2021 04:25:25 PM IN THE CIRCUIT COURT OF THE EIGHTH JUDICIAL CIRCUIT IN AND FOR ALACHUA COUNTY, FLORIDA. CASE NO: 2020CA001350XXXXXX BRENDA SNOW, Plaintiff(s), vs. SHANDS TEACHING HOSPITAL AND CLINICS, INC. d/b/a UF HEALTH SHANDS HOSPITAL, A Florida Non-Profit Corporation and UNIVERSITY OF FLORIDA BOARD OF TRUSTEES d/b/a UF HEALTH EYE CENTER, a Florida Public Body Corporate, Defendant(s). / PLAINTIFF'S MOTION TO EXPAND NUMBER OF INTERROGATORIES PROPOUNDED TO THE DEFENDANTS Plaintiff(s), BRENDA SNOW by and through the undersigned counsel, moves this Honorable Court pursuant to the provisions of Rule 1.340(a), Florida Rules of Civil Procedure, to increase the number of Interrogatories permitted herein so as to allow for the filing of additional interrogatories in accordance with those attached, and in support of this motion, Plaintiff would show: 1. The elements of the claims asserted and the nature and complexity of the factual circumstances giving rise to the claims are not susceptible to being adequately covered within the thirty interrogatory limit. 2. The elements of defenses asserted or expected to be asserted are not susceptible to being adequately covered within the interrogatory limit. The Defendant is objecting to Plaintiffs interrogatories attempting to obtain the required information about their Affirmative Defenses. "2020 CA 001350" 132312956 Filed at Alachua County Clerk 08/09/2021 04:25:32 PM EDT3. The use of written interrogatories is the least burdensome, least expensive and most expeditious discovery means available to the Plaintiff by which to obtain necessary information and narrow trial issues. 4. The Defendants will not be prejudiced through the granting of this motion. 5. The foregoing factors and others to be presented upon hearing of this Motion constitute good cause for increasing the number of initial interrogatories permitted herein. 6. Plaintiff, BRENDA SNOW, propounded Affirmative Defense Interrogatories to the Defendant, SHANDS TEACHING HOSPITAL AND CLINICS, INC. on July 23, 2021 (attached as Exhibit A). On August 6, 2021, the Defendant filed its Objections to the Affirmative Defense Interrogatories (attached as Exhibit B). 7. Plaintiff, BRENDA SNOW, will also be propounding Affirmative Defense Interrogatories to Defendant, UNIVERSITY OF FLORIDA BOARD OF TRUSTEES, and Plaintiff anticipates the same objection being filed by this Defendant. WHEREFORE, Plaintiff, BRENDA SNOW, respectfully requests this Honorable Court enter an Order granting Plaintiff's Motion to Expand the Number of Interrogatories Propounded on both Defendants. I HEREBY CERTIFY that a true and correct copy of the foregoing was sent via E-Serve to all Counsel on the attached list, this 9th day of August, 2021. 4s/Andrea A. Lewis Andrea A. Lewis, Esquire Florida Bar No.: 85331 Primary E-Mail: lewisteam@searcylaw.com Attorney E-Mail: alewis@searcylaw.com Secondary E-Mail: mweschrek@searcylaw.com Searcy Denney Scarola Barnhart & Shipley, P.A. 2139 Palm Beach Lakes BoulevardWest Palm Beach, Florida 33409 Phone: (561) 686-6300 Fax: (561) 383-9402 Attorney for Plaintiffs COUNSEL LIST Andrea A. Lewis, Esq. Florida Bar No.: 85331 Searcy Denney Scarola Barnhart & Shipley, P.A. 2139 Palm Beach Lakes Boulevard West Palm Beach, FL 33409 Phone: (561) 686-6300 Fax: (561) 383-9441 Primary E-Mail: lewisteam@searcylaw.com Attorney Email: alewis@searcylaw.com Secondary Email: mweschrek@searcylaw.com Attorney for Plaintiff, BRENDA SNOW Francis E. Pierce, Esq. Florida Bar No.: 0270921 Mateer Harbert, P.A. 225 East Robinson Street, Suite 600 Orlando, FL 32801 Phone: (407)425-9044 Fax: (407)425-9044 Primary Email: litpleadings@mateerharbert.com Secondary Email: mdavis@mateerharbert.com Secondary Email: ckozimor@mateerharbert.com Attorneys for SHANDS TEACHING HOSPITAL AND CLINICS, INC. Rafael E. Martinez, Esq. Florida Bar No. 0243248 Wilbert R. Vancol. Esq. Florida Bar No. 0093132 McEwan, Martinez, Dukes & Hall, P.A. Post Office Box 753 Orlando, FL 32802-0753 Phone: (407)423-8571 Fax: (407)423-8637 Primary Email: NOS@mmdorl.com Primary Email: wvancol@mmdorl.com Primary Email: mearter@mmdorl.com Attorney Email: rmartinez@mmdorl.com Secondary Email: glichtenberger@mmdorl.com 3Secondary Email: dmealpin@mmdorl.com Attorneys for Defendant, UNIVERSITY OF FLORIDA BOARD OF TRUSTEES d/b/a UF HEALTH EYE CENTER, a Florida Public Body Corporate Christine R. Davis, Esquire Florida Bar No: 569372 CARLTON FIELDS, P.A. 215 South Monroe Street, Suite 500 Tallahassee, FL 32301 Phone: (850)224-1585 Email: cdavis@carltonfields.com Email: sdouglas@ecarltonfields.com Appellate Counsel and Co-Counsel for Defendants, SHANDS TEACHING HOSPITAL AND CLINICS, INC. d/b/a UF HEALTH SHANDS HOSPITAL AND UNVERSITY OF FLORIDA BOARD OF TRUSTEES d/b/a UF HEALTH EYE CENTERFiling # 131276776 E-Filed 07/23/2021 10:43:59 AM IN THE CIRCUIT COURT OF THE EIGHTH JUDICIAL CIRCUIT IN AND FOR ALACHUA COUNTY, FLORIDA. CASE NO: 2020CA001350XXXXXX BRENDA SNOW, Plaintiff(s), vs. SHANDS TEACHING HOSPITAL AND CLINICS, INC. d/b/a UF HEALTH SHANDS HOSPITAL, A Florida Non-Profit Corporation and UNIVERSITY OF FLORIDA BOARD OF TRUSTEES d/b/a UF HEALTH EYE CENTER, a Florida Public Body Corporate, Defendant(s). / NOTICE OF SERVING AFFIRMATIVE DEFENSE INTERROGATORIES TO DEFENDANTS, SHANDS TEACHING HOSPITAL AND CLINICS, INC. d/b/a UF HEALTH SHANDS HOSPITAL Plaintiff, BRENDA SNOW, hereby gives notice that pursuant to Rule 1.340(e), Florida Rules of Civil Procedure, Propounds Affirmative Defense Interrogatories numbered one (1) through eleven (11), have been directed to Defendant, SHANDS TEACHING HOSPITAL AND CLINICS, INC. d/b/a UF HEALTH SHANDS HOSPITAL. I HEREBY CERTIFY that a true and correct copy of the foregoing was sent via E-Serve to all Counsel on the attached list, this 23rd day of July, 2021. 4s/Andrea A. Lewis Andrea A. Lewis, Esquire Florida Bar No.: 85331 Primary E-Mail: lewisteam@searcylaw.com Attorney E-Mail: alewis@searcylaw.com Secondary E-Mail: mweschrek@searcylaw.com Searcy Denney Scarola Barnhart & Shipley, P.A. 2139 Palm Beach Lakes Boulevard Exhibit ACase No.: 50-2020C-001350-XXXXXX (Brasington) Notice of Serving Affirmative Defense Interrogatories to Defendants, SHANDS West Palm Beach, Florida 33409 Phone: (561) 686-6300 Fax: (561) 383-9402 Attorney for Plaintiffs COUNSEL LIST Andrea A. Lewis, Esq. Florida Bar No.: 85331 Searcy Denney Scarola Barnhart & Shipley, P.A. 2139 Palm Beach Lakes Boulevard West Palm Beach, FL 33409 Phone: (561) 686-6300 Fax: (561) 383-9441 Primary E-Mail: lewisteam@searcylaw.com Attorney Email: alewis@searcylaw.com Secondary Email: mweschrek@searcylaw.com Attorney for Plaintiff, BRENDA SNOW Francis E. Pierce, Esq. Florida Bar No.: 0270921 Mateer Harbert, P.A. 225 East Robinson Street, Suite 600 Orlando, FL 32801 Phone: (407)425-9044 Fax: (407)425-9044 Primary Email: litpleadings@mateerharbert.com Secondary Email: mdavis@mateerharbert.com Secondary Email: ckozimor@mateerharbert.com Attorneys for SHANDS TEACHING HOSPITAL AND CLINICS, INC. Rafael E. Martinez, Esq. Florida Bar No. 0243248 Wilbert R. Vancol. Esq. Florida Bar No. 0093132 McEwan, Martinez, Dukes & Hall, P.A. Post Office Box 753 Orlando, FL 32802-0753 Phone: (407)423-8571 Fax: (407)423-8637 Primary Email: NOS@mmdorl.com Primary Email: wvancol@mmdorl.com Primary Email: mcarter@mmdorl.com Attorney Email: rmartinez@mmdorl.comCase No.: 50-2020C-001350-XXXXXX (Brasington) Notice of Serving Affirmative Defense Interrogatories to Defendants, SHANDS Secondary Email: glichtenberger@mmdorl.com Secondary Email: _dmcalpin@mmdorl.com Attorneys for Defendant, UNIVERSITY OF FLORIDA BOARD OF TRUSTEES d/b/a UF HEALTH EYE CENTER, a Florida Public Body Corporate Christine R. Davis, Esquire Florida Bar No: 569372 CARLTON FIELDS, P.A. 215 South Monroe Street, Suite 500 Tallahassee, FL 32301 Phone: (850)224-1585 Email: cdavis@carltonfields.com Email: sdouglas@carltonfields.com Appellate Counsel and Co-Counsel for Defendants, SHANDS TEACHING HOSPITAL AND CLINICS, INC. d/b/a UF HEALTH SHANDS HOSPITAL AND UNVERSITY OF FLORIDA BOARD OF TRUSTEES d/b/a UF HEALTH EYE CENTERCase No.: 50-2020C-001350-XXXXXX (Brasington) Notice of Serving Affirmative Defense Interrogatories to Defendants, SHANDS AFFIRMATIVE DEFENSE INTERROGATORIES TO DEFENDANT, SHANDS TEACHING HOSPITAL AND CLINICS DEFINITIONS *"Documents" shall include, but not be limited to, writings, drawings, graphs, charts, photographs, phono-records, recordings, and/or any other data compilations from which information can be obtained, translated, if necessary, by the party to whom the request is directed through detection devices into reasonably usable form. “Documents” include all non-identical copies of all electronic data as well as application metadata and system metadata. (If answering for another person or entity, answer with respect to that person or entity, unless otherwise stated.) 1. What is the name and address of the person answering these interrogatories, and, if possible, the person's official position or relationship with the party to whom the interrogatories are directed? 2. Regarding Affirmative Defense Number One, what is the factual basis that you are relying on for your assertion that pursuant to §1004.41(4)(e), Fla. Stat., SHANDS is a corporation primarily acting as an instrumentality of the State of Florida and is entitled to the benefits and limitations of Section 768.28, Fla. Stat. 3. Regarding Affirmative Defense Number Two, what is the factual basis that you are relying on for your assertion that BRENDA SNOW was negligent and her negligence was either the sole cause or a significant contributing cause of any and all damages and injuries and any and all damages awarded should be reduced in relation to her negligence?Case No.: 50-2020C-001350-XXXXXX (Brasington) Notice of Serving Affirmative Defense Interrogatories to Defendants, SHANDS 4. Regarding Affirmative Defense Number Three, what is the factual basis that you are relying on for your assertion that SHANDS is entitled to set-off of collateral sources of indemnity pursuant to Section 768.76, Fla. Stat.? 5. Regarding Affirmative Defense Number Four, what is the factual basis that you are relying on for your assertion that the incident complained of in Plaintiff's Amended Complaint, as revised, resulted from the actions of other parties, and/or third parties, none of whom were under the control, supervision or direction of this Defendant? In your answer, please identify the name and contact information for the third parties that you reference. 6. Regarding Affirmative Defense Number Five, what is the factual basis that you are relying on for your assertion that the damages complained of in Plaintiff's Amended Complaint, as revised, are the result of an act of nature, an idiosyncratic reaction and not in any way related to any alleged acts or omissions on the part of this Defendant? In your answer, please explain what act of nature, idiosyncratic reaction and/or other occurrence that you are referring to. 7. Regarding Affirmative Defense Number Nine, what is the factual basis that you are relying on for your assertion that SHANDS is entitled to the application of Section 768.13, Fla. Stat.?Case No.: 50-2020C-001350-XXXXXX (Brasington) Notice of Serving Affirmative Defense Interrogatories to Defendants, SHANDS 8. Regarding Affirmative Defense Number Ten, what is the factual basis that you are relying on for your assertion that Plaintiffs claims for medical and hospital expenses are limited or barred to the extent that any such expenses have been paid and accepted by any health care provider? 9. Regarding Affirmative Defense Number Eleven, what is the factual basis that you are relying on for your assertion that Plaintiffs damages are subject to being apportioned by and between parties, nonparties and pre-existing conditions? 10. Regarding Affirmative Defense Number Twelve, what is the factual basis that you are relying on for your assertion that Plaintiff's claims are the result of superseding and/or intervening causes and are not the result of any action or inaction of SHANDS. In your answer, please identify the superseding and/or intervening causes. 11. Regarding Affirmative Defense Number Thirteen, what is the factual basis that you are relying on for your assertion that Plaintiff is required by Federal law to comply with the Patient Protection and Affordable Care Act of 2010, Pub. L. No. 111-148, 124 Stat. 119 (Mar. 23, 2010) ("ACA") and all future medical expenses should be limited by this law?Case No.: 50-2020C-001350-XXXXXX (Brasington) Notice of Serving Affirmative Defense Interrogatories to Defendants, SHANDS STATE OF ) COUNTY OF ) Sworn to (or affirmed) and subscribed before me by means of O Physical presence or 11 _ online notarization this day of » 20. By. (name of individual Acknowledging) Individual identified by [1 Personal Knowledge 1 Satisfactory Evidence, Type (SEAL) Notary Signature Notary Public (Typed, Printed or Stamped Name of Notary Public)Filing # 132191748 E-Filed 08/06/2021 01:16:45 PM IN THE CIRCUIT COURT OF THE EIGHTH JUDICIAL CIRCUIT IN AND FOR ALACHUA COUNTY, FLORIDA BRENDA SNOW, CASE NO. 01 2020-CA-001350 Plaintiffs, v. SHANDS TEACHING HOSPITAL AND CLINICS, INC, d/b/a UF HEALTH SHANDS HOSPITAL, A Florida Non-Profit Corporation and UNIVERSITY OF FLORIDA BOARD OF TRUSTEES d/b/a UF HEALTH EYE CENTER a Florida Public Body Corporate, Defendants. / DEFENDANT, SHANDS TEACHING HOSPITAL AND CLINICS, INC,’S OBJECTIONS TO PLAINTIFF’S AFFIRMATIVE DEFENSE INTERROGATORIES COMES NOW Defendant, SHANDS TEACHING HOSPITAL AND CLINICS, INC. (hereinafter “Shands”), by and through their undersigned attorneys, pursuant to Rule 1.340(a), Fla. R. Civ. P., and objects to Plaintiffs Notice of Serving Affirmative Defense Interrogatories to Defendants (sic) Shands Teaching Hospital and Clinics, Inc., ete., and for grounds would state: 1, Rule 1.340(a), Fla. R. Civ. P., limits the number of interrogatories served to 30, including subparts. 2. Plaintiff served 28 numbered interrogatories to Defendant Shands on May 20, 2020, including several with subparts. 3. Plaintiffs Affirmative Defense Interrogatories, served July 23, 2021, have 11 numbered interrogatories, again several having subparts. Exhibit B4. Plaintiff is not permitted to exceed 30 interrogatories without filing a motion on notice and for good cause. 5. Plaintiff has not filed any motion to exceed the limitation on the number of interrogatories and has shown no good cause to do so, 6, Defendant Shands objects to Plaintiff's Affirmative Defense Interrogatories as these interrogatories exceed the limitations of Rule 1.340(a), Fla. R. civ. P. 7. Plaintiff is not entitled to create her own rules of discovery. Rule 1.340, Fla. R. Civ. P, does not provide for a party to attempt to provide “definitions” for any term, yet Plaintiff's Affirmative Defense interrogatories starts with “Definitions”. Defendant Shands objects to the Plaintiffs Affirmative Defense interrogatories as the “Definitions” paragraph to those interrogatories exceeds the permissible scope of discovery of Rule 1.340, Fla. R. Civ. P. 8. Defendant Shands object to Plaintiff's Affirmative Defense interrogatories as these interrogatories invade the work product privilege of Defendant and its counsel. 9 Defendant Shands reserves all other substantive objections to these interrogatories if they are lawfully posed. WHEREFORE, Defendant SHANDS TEACHING HOSPITAL AND CLINICS, INC. objects to Plaintiff's Affirmative Defense Interrogatories. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy hereof was furnished by electronic mail this 6th day of August 2021, to Andrea Lewis, Esq. Attorneys for Plaintiff, lewisteam@searcylaw.com; alewis@searcylaw.com; mweschrek@searcylaw.com; and Rafael Martinez, Esq., Attorneys for University of Florida Board of Trustees, mmartinez@mmdorl.com.4819-0554-4693, v. 1 Francis E. Pierce, III, Esq. Florida Bar No. 0270921 Mateer Harbert, P.A. 225 East Robinson St., Suite 600 Orlando, FL 32801 Ph. 407-425-9044 Facsimile 407-423-2016 litpleadings@mateerharbert.com Attorneys for SHANDS TEACHING HOSPITAL AND CLINICS, INC.