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Filing # 130731789 E-Filed 07/15/2021 02:02:36 PM
IN THE CIRUCUIT COURT
OF THE EIGHTH JUDICIAL CIRCUIT IN AND
FOR ALACHUA COUNTY, FLORIDA
BRENDA SNOW, CASE NO. 01 2020-CA-001350
Plaintiff,
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,
CASE MANAGEMENT STATEMENT
COMES NOW Defendant SHANDS TEACHING HOSPITAL AND CLINICS, INC.,
(Shands), by and through its undersigned attorneys, in in response to this Court’s Order Setting
Case Management Conference and Requiring Submission of Case Management Statement, dated
June 24, 2021, and would state as follows:
A. A brief description of the nature of the case:
Plaintiff has filed an Amended Complaint, which has been supplemented by various
voluntary dismissals of theories, alleging that Defendant SHANDS TEACHING
HOSPITAL AND CLINICS, INC. is vicariously liable for allegations of medical
negligence at a facility that is not owned or operated by Shands and for the actions of
health care providers who are not employees, agents or apparent agents of Shands.
Plaintiffs Amended Complaint also alleges liability for Shands for negligent hiring,
"2020 CA 001350" 130731789 Filed at Alachua County Clerk 07/15/2021 02:02:40 PM EDTB.
supervision, training and retention of healthcare providers who treated Plaintiff as
alleged agents, apparent agents and employees of Shands. Shands denies all of
Plaintiff's allegations and has raised a number of affirmative defenses in its Answer
and Affirmative Defenses, incorporated herein by reference.
A listing of all claims and defenses which remain for trial:
Plaintiff has the burden of proving that Shands is vicariously liable for identified
employees, agents or apparent agents of Defendant Shands under the theories of
employment, agency and apparent agency in Plaintiff's Amended Complaint.
Plaintiff has the burden of proving that agents, apparent agents or employees of
Shands breached the prevailing professional standard of care for that health care
provider in the care and treatment of Plaintiff and that the alleged breach of the
prevailing professional standard of care proximately caused Plaintiff to suffer
damages. Plaintiff has the burden of proving the issues of duty, breach of duty,
causation and damages from the theories of negligent hiring, supervision, training and
retention of agents, apparent agents and employees of Shands in the care and
treatment of Plaintiff. Defendant’s Affirmative Defenses pled in response to
Plaintiff's Amended Complaint, supplemented by various voluntary dismissals of
theories, is incorporated herein by reference.
. A statement as to whether the case is at issue within the meaning of Rule
1.440(a), Fla. R. Civ. P. and is ready to be set for trial:
Based on the allegations of Plaintiffs Amended Complaint, which has been
supplemented by various voluntary dismissals of theories, this case appears to be at
issue and is ready to be set for trial.D. If the case is not at issue, a listing of any motions which need to be resolved by
the Court prior to scheduling trial:
Not applicable, as this case appears to be at issue.
E. A statement as to whether the claims remaining for trial have been mediated. If
not, then the party should state whether or not mediation has been scheduled; if
so, the date, time and place of mediation and the name of the mediator should be
set forth:
This case has not been mediated and is not currently set for mediation.
F. An estimate of the time needed to conduct discovery, together with a proposed
trial date and estimated length of trial:
Defendant estimates that discovery can be completed by December, 2022 with an
estimated trial date in February, 2023. An estimated length of trial is ten to fourteen
trial days.
G. A statement as to whether the case should be set for a jury or non-jury trial:
This case should be set for a jury trial.
1 HEREBY CERTIFY that a true and correct copy hereof was filed with the Florida
Courts E-Filing Portal and that a copy hereof has been furnished by electronic mail this 15" day
of July, 2021 to Andrea A. Lewis, Esquire, Searcy, Denney, Scarola, Barnhart & Shipley, 2139
Palm Beach Lakes Blvd., West Palm Beach, FL 33409, attorney for Plaintiff,
lewisteam@searcyla is@searcylaw.com; mweschrek@searcylaw.com; Rafael E,
Martinez, Esquire, and Wilbert R. Vancol, Esquire, McEwan, Martinez, Dukes & Hall, P.A., 108
E. Central Blvd., Orlando, FL 32801, attorneys for University of F lorida Board of Trustees,
rm (@mmdorl.com and wvancol@mmdorl.com; and Christine Davis, Carlton Fields, P.A.,215 S. Monroe St., Suite 500, Tallahassee, FL, 32301, cdavis@carlsonfields.com,
sdouglas@carltonfields.com.
4817-0494-9490, v. 1
/s/ Francis E, Pierce, II.
ancis E. Pierce, III
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
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Filing # 130731789 E-Filed 07/15/2021 02:02:36 PM IN THE CIRUCUIT COURT OF THE EIGHTH JUDICIAL CIRCUIT IN AND FOR ALACHUA COUNTY, FLORIDA BRENDA SNOW, CASE NO. 01 2020-CA-001350 Plaintiff, 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, CASE MANAGEMENT STATEMENT COMES NOW Defendant SHANDS TEACHING HOSPITAL AND CLINICS, INC., (Shands), by and through its undersigned attorneys, in in response to this Court’s Order Setting Case Management Conference and Requiring Submission of Case Management Statement, dated June 24, 2021, and would state as follows: A. A brief description of the nature of the case: Plaintiff has filed an Amended Complaint, which has been supplemented by various voluntary dismissals of theories, alleging that Defendant SHANDS TEACHING HOSPITAL AND CLINICS, INC. is vicariously liable for allegations of medical negligence at a facility that is not owned or operated by Shands and for the actions of health care providers who are not employees, agents or apparent agents of Shands. Plaintiffs Amended Complaint also alleges liability for Shands for negligent hiring, "2020 CA 001350" 130731789 Filed at Alachua County Clerk 07/15/2021 02:02:40 PM EDTB. supervision, training and retention of healthcare providers who treated Plaintiff as alleged agents, apparent agents and employees of Shands. Shands denies all of Plaintiff's allegations and has raised a number of affirmative defenses in its Answer and Affirmative Defenses, incorporated herein by reference. A listing of all claims and defenses which remain for trial: Plaintiff has the burden of proving that Shands is vicariously liable for identified employees, agents or apparent agents of Defendant Shands under the theories of employment, agency and apparent agency in Plaintiff's Amended Complaint. Plaintiff has the burden of proving that agents, apparent agents or employees of Shands breached the prevailing professional standard of care for that health care provider in the care and treatment of Plaintiff and that the alleged breach of the prevailing professional standard of care proximately caused Plaintiff to suffer damages. Plaintiff has the burden of proving the issues of duty, breach of duty, causation and damages from the theories of negligent hiring, supervision, training and retention of agents, apparent agents and employees of Shands in the care and treatment of Plaintiff. Defendant’s Affirmative Defenses pled in response to Plaintiff's Amended Complaint, supplemented by various voluntary dismissals of theories, is incorporated herein by reference. . A statement as to whether the case is at issue within the meaning of Rule 1.440(a), Fla. R. Civ. P. and is ready to be set for trial: Based on the allegations of Plaintiffs Amended Complaint, which has been supplemented by various voluntary dismissals of theories, this case appears to be at issue and is ready to be set for trial.D. If the case is not at issue, a listing of any motions which need to be resolved by the Court prior to scheduling trial: Not applicable, as this case appears to be at issue. E. A statement as to whether the claims remaining for trial have been mediated. If not, then the party should state whether or not mediation has been scheduled; if so, the date, time and place of mediation and the name of the mediator should be set forth: This case has not been mediated and is not currently set for mediation. F. An estimate of the time needed to conduct discovery, together with a proposed trial date and estimated length of trial: Defendant estimates that discovery can be completed by December, 2022 with an estimated trial date in February, 2023. An estimated length of trial is ten to fourteen trial days. G. A statement as to whether the case should be set for a jury or non-jury trial: This case should be set for a jury trial. 1 HEREBY CERTIFY that a true and correct copy hereof was filed with the Florida Courts E-Filing Portal and that a copy hereof has been furnished by electronic mail this 15" day of July, 2021 to Andrea A. Lewis, Esquire, Searcy, Denney, Scarola, Barnhart & Shipley, 2139 Palm Beach Lakes Blvd., West Palm Beach, FL 33409, attorney for Plaintiff, lewisteam@searcyla is@searcylaw.com; mweschrek@searcylaw.com; Rafael E, Martinez, Esquire, and Wilbert R. Vancol, Esquire, McEwan, Martinez, Dukes & Hall, P.A., 108 E. Central Blvd., Orlando, FL 32801, attorneys for University of F lorida Board of Trustees, rm (@mmdorl.com and wvancol@mmdorl.com; and Christine Davis, Carlton Fields, P.A.,215 S. Monroe St., Suite 500, Tallahassee, FL, 32301, cdavis@carlsonfields.com, sdouglas@carltonfields.com. 4817-0494-9490, v. 1 /s/ Francis E, Pierce, II. ancis E. Pierce, III 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