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Filing # 135479244 E-Filed 09/28/2021 02:47:11 PM
IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT
IN AND FOR CITRUS COUNTY, FLORIDA
NORMAN L. CARTWRIGHT, III
And COLLEEN CARTWRIGHT,
Husband and Wife,
Plaintiffs,
vs. Case No,: 2021 CA 000537 A
R.T. BROWN, INC., a Florida Profit
Corporation, d/b/a BROWN FUNERAL
HOME AND CREMATORY
and
CITRUS MEMORIAL HOSPITAL, INC.,
a Florida Profit Corporation,
Defendants,
DEFENDANT CITRUS MEMORIAL HOSPITAL’S
MOTION TO AMEND/ SUPPLEMENT ITS ANSWER/
AFFIRMATIVE DEFENSES, ADMISSIONS, AND INTERROGATORY ANSWERS
Defendant CITRUS MEMORIAL HOSPITAL moves to amend and/or supplement its
Answer/Affirmative Defenses to Plaintiff's Amended Complaint, it’s Response to Plaintiff's
Request for Admissions, and its Interrogatory Answers to Plaintiff, pursuant to Rule 1.190. Copies
of the proposed amended/supplemental documents are attached hereto as Exhibits 1, 2 and 3
respectively.
Amendments should be freely given when justice so requires, In this case, additional
information pertinent to Plaintiffs allegations has been obtained which changes the Defendant’s
Answer, Affirmative Defenses, Admissions Responses, and Interrogatory Answers. Defendant
wishes for its responses to be more accurate and complete, and to eliminate issues of contention,It has now become known that one of the witnesses/participants in the alleged event was in fact an
employee of this Defendant at the time of the alleged incident.
Accordingly, Defendant requests that an order be entered allowing Defendant to file
Amended Answer/Affirmative Defenses, Amended Response to Plaintiff's Request for
Admissions, and Amended/Supplemental Interrogatory Answers.
CERTIFICATE OF SERVICE
THEREBY CERTIFY that on the ap #4 & day of September 2021 I electronically filed
the foregoing with the Clerk of the Court by using the Florida Court E- -Filing Portal, which will
send a Notice of Electronic Filing to the following:
Thomas D. Hippelheuser, Esquire
LAW OFFICES OF BRENT C. MILLER, P.A.
205 E. Burleigh Boulevard
Tavares, FL 32778
Joseph T. Metzger, Esquire
METZGER LAW GROUP, P.A.
3018 W. Horatio Street
Tampa, FL 33609
service@metzyerlaw.net
Primary: j
Secondary: jlb@
BEYTIN. McLAU LIN, McLAUGHLIN,
O’HARA, KINMAN & BOCCHINO
1706 East Eleventh Ave.
Tampa, FL 33605
Phone: (813) 226-3000
Facsimile: (813) 226-3001
Attorney for Defendant Citrus Memorial
HospitalIN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT
IN AND FOR CITRUS COUNTY, FLORIDA
NORMAN L. CARTWRIGHT, III
And COLLEEN CARTWRIGHT,
Husband and Wife,
Plaintiffs,
Vs. Case No.: 2021 CA 000537 A
R.T. BROWN, INC., a Florida Profit
Corporation, d/b/a BROWN FUNERAL
HOME AND CREMATORY
and
CITRUS MEMORIAL HOSPITAL, INC.,
a Florida Profit Corporation,
Defendants.
AMENDED ANSWER OF DEFENDANT CITRUS
MEMORIAL HOSPITAL TO AMENDED COMPLAINT
Defendant CITRUS MEMORIAL HOSPITAL, INC. answers the Amended Complaint as
follows:
1. Without knowledge and therefore denied.
2. Admitted.
3. Without knowledge and therefore denied.
4, Without knowledge and therefore denied.
5. Admitted,
6. Without knowledge and therefore denied.
7. Admitted that Sam Saldana was an employee of Defendant. Otherwise denied.
8. Admitted.
EXHIBIT
tof9. Admitted.
10. Without knowledge and therefore denied.
11. Without knowledge and therefore denied.
12. Without knowledge and therefore denied.
13. Without knowledge and therefore denied.
14. Without knowledge and therefore denied.
15. Without knowledge and therefore denied.
16. Without knowledge and therefore denied.
17. Without knowledge and therefore denied.
18. Without knowledge and therefore denied.
19. Without knowledge and therefore denied.
20. Without knowledge and therefore denied.
21, Without knowledge and therefore denied.
COUNT I
22. Defendant reasserts and incorporates by reference responses to paragraphs |
through 21 above herein.
23-29, Without knowledge and therefore denied.
COUNT II
30. Defendant reasserts and incorporates by reference responses to paragraphs 1
through 21 above herein.
31-34. Without knowledge and therefore denied.COUNT I
35. Defendant reasserts and incorporates by reference responses to paragraphs 1
through 21 above herein.
36-39. Denied.
AFFIRMATIVE DEFENSES
1. Plaintiff was comparatively negligent.
2. Plaintiff assumed the risk.
3. Defendant is entitled to Workers’ Compensation immunity to the extent that
Plaintiff is determined to be an employee or agent of Defendant.
4, Plaintiff may have failed to mitigate his damages.
5. This was an open and obvious risk.
6. Defendant is entitled to deductions and/or set offs for collateral sources that have
been paid.
7. Plaintiff is not entitled to recover for medical bills/charges that have been written
off, adjusted, or for which Plaintiff owes no payment.
8. Defendant would be entitled to set-off for any settlement amounts received by
Plaintiff from any co-defendant or third party.
9. The negligence of others, including Travis Ericson, R.T. Brown, Inc. d/b/a Brown
Funeral Home, and Cory Wilson, as alleged in Plaintiff's Amended Complaint, was the sole
proximate cause of the Plaintiff's injuries and damages.
10. The negligence of others, including Travis Ericson, R.T. Brown, Inc. d/b/a Brown
Funeral Home, and Cory Wilson, as alleged in Plaintiff's Amended Complaint, was an intervening
cause of the Plaintiff's injuries and damages.11. Defendant is not responsible for the acts of independent contractors, including G4S
Secure Solutions, Inc., and Corey Wilson.
12. This Defendant is only responsible, if at all, for its own percentage of allowable
fault, as there is no joint and several liability.
DEMAND FOR JURY TRIAL
Defendant Citrus Memorial Hospital, Inc. demands trial by jury of all issues so triable.
CERTIFICATE OF SERVICE
THEREBY CERTIFY that onthe ____ day of September 2021 I electronically filed
the foregoing with the Clerk of the Court by using the Florida Court E-Filing Portal, which will
send a Notice of Electronic Filing to the following:
Thomas D. Hippelheuser, Esquire
LAW OFFICES OF BRENT C. MILLER, P.A.
205 E. Burleigh Boulevard
Tavares, FL 32778
litigation @bemillerlaw.com
JOSEPH F. KINMAN, JR. ESQUIRE
Florida Bar No.: 33090
Ak
Secondary: jlb@law-fla.com
BEYTIN, McLAUGHLIN, McLAUGHLIN,
O’HARA, KINMAN & BOCCHINO
1706 East Eleventh Ave.
Tampa, F™ 33605
Phone: (813) 226-3000
Facsimile: (813) 226-3001
Attorney for Defendant Citrus Memorial
HospitalIN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT
IN AND FOR CITRUS COUNTY, FLORIDA
NORMAN L. CARTWRIGHT, III
And COLLEEN CARTWRIGHT,
Husband and Wife,
Plaintiffs,
vs. Case No,: 2021 CA 000537 A
R.T. BROWN, INC., a Florida Profit
Corporation, d/b/a BROWN FUNERAL
HOME AND CREMATORY
and
CITRUS MEMORIAL HOSPITAL, INC.,
a Florida Profit Corporation,
Defendants.
J
/
DEFENDANT, CITRUS MEMORIAL HOSPITAL, INC.’s NOTICE
OF SERVING AMENDED ANSWERS TO REQUESTS FOR ADMISSION
COMES NOW, Defendant, CITRUS MEMORIAL HOSPITAL, by and through the
undersigned counsel, hereby gives notice of serving Amended Answers to Requests for
Admissions, as follows:
1. The incident alleged in the Complaint occurred in the hospital morgue of Citrus
Memorial Hospital on October 6, 2017.
ANSWER: Denied.
2. The incident occurred at approximately 6:00 p.m. on October 6, 2017.
ANSWER: Denied.
3. At the time of the incident, Sam Saldana was an employee of CITRUS
MEMORIAL HOSPITAL.
EXHIBITANSWER: Admitted that Sam Saldana was an employee of Citrus
Memorial Hospital at the alleged time of the alleged incident.
Otherwise denied.
4. At the time of the incident, Sam Saldana was acting with the course and scope of
his employment.
ANSWER: Denied.
CERTIFICATE OF SERVICE
IHEREBY CERTIFY thatonthe _ day of September 2021 I electronically filed
the foregoing with the Clerk of the Court by using the Florida Court E-Filing Portal, which will
send a Notice of Electronic Filing to the following:
Thomas D. Hippelheuser, Esquire
LAW OFFICES OF BRENT C. MILLER, P.A.
205 E. Burleigh Boulevard
Tavares, FL 32778
litivati «
Joseph T. Metzger, Esquire
METZGER LAW GROUP, P.A.
3018 W. Horatio Street
Tampa, FL 33609
service@metzgerlaw.net
Florida Bar No.: 330906
Primary: jfk@law-fla.com
Secondary: jlb la a
BEYTIN, McLAUGHLIN, McLAUGHLIN,
O’HARA, KINMAN & BOCCHINO
1706 East Eleventh Ave.
Tampa, FL 33605
Phone: (813) 226-3000
Facsimile: (813) 226-3001
Attorney for Defendant Citrus Memorial
HospitalIN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT
IN AND FOR CITRUS COUNTY, FLORIDA
NORMAN L. CARTWRIGHT, III
And COLLEEN CARTWRIGHT,
Husband and Wife,
Plaintiffs,
vs. Case No.: 2021 CA 000537 A
R.T. BROWN, INC., a Florida Profit
Corporation, d/b/a BROWN FUNERAL
HOME AND CREMATORY
and
CITRUS MEMORIAL HOSPITAL, INC.,
a Florida Profit Corporation,
Defendants.
DEFENDANT, CITRUS MEMORIAL HOSPITAL, INC.’s
NOTICE OF SERVING AMENDED/SUPPLEMENTAL
ANSWERS TO PLAINTIFF’S FIRST SET OF INTERROGATORIES
COMES NOW, Defendant, CITRUS MEMORIAL HOSPITAL, by and through the
undersigned counsel and pursuant to Florida Rules of Civil Procedure 1.340, hereby gives notice
of serving Amended/Supplemental Answers to Plaintiff's First Set of Interrogatories.
CERTIFICATE OF SERVICE
THEREBY CERTIFY that onthe ____ day of September 2021 I electronically filed
the foregoing with the Clerk of the Court by using the Florida Court E-Filing Portal, which will
send a Notice of Electronic Filing to the following:
Thomas D. Hippelheuser, Esquire
LAW OFFICES OF BRENT C. MILLER, P.A.
205 E. Burleigh Boulevard
Tavares, FL 32778
litigation@bemillerlaw.com
EXHIBIT
i 3Joseph T. Metzger, Esquire
METZGER LAW GROUP, P.A.
3018 W. Horatio Street
Tampa, FL 33609
-metzverlaw.net
JOSEPH F. KINMAN, JR., ESQUIRE
Florida Bar No.: 330906
Secondary: jlb
BEYTIN, McLAUGHLIN, "MeLAUGHLIN
O’HARA, KINMAN & BOCCHINO
1706 East Eleventh Ave.
Tampa, FL 33605
Phone: (813) 226-3000
Facsimile: (813) 226-3001
Attorney for Defendant Citrus Memorial
Hospital
>DEFENDANT, CITRUS MEMORIAL HOSPITAL’S AMENDED/
SUPPLEMENTAL ANSWERS TO PLAINTIFF’S FIRST SET OF INTERROGATORIES
1. Please state with specificity the name, title, address, and telephone number of the person
answering these interrogatories.
ANSWER: Lisa Brundage, VP Quality & Patient Safety and
Robert “Bobby” Samons, Director of Plant Operations
Citrus Memorial Hospital
502 W. Highland Blvd.
Inverness, FL 34452
With assistance from defense counsel, Joseph F. Kinman, Jr.
2. Give the name, address, and job title of the person who was on the premises, and who had
management and control of the premises described in the Complaint.
ANSWER: Robert “Bobby” Samons
Director of Plant Operations
Citrus Memorial Hospital
502 W. Highland Blvd.
Inverness, FL 34452
3. Please state with specificity whether the person identified in number 2 above, was
responsible for supervising the safe transfer of deceased bodies from the hospital morgue.
ANSWER: No, the Plaintiff was the supervisor responsible for supervising the safe
transfer of deceased bodies from the hospital morgue.
4. Please state whether any of your employees have made any statement or statements in
any form to any person regarding any of the events or happenings referred to in the
Complaint. If so, please state the name and address of the person or persons to whom
such statement was made, the date such statement was made, the form of the statement,
whether written or oral, by recording device, or to a stenographer, whether such
statement, if written, was signed and the names and addresses of the persons presently
having custody of such statement.
ANSWER: Sam Saldana has been interviewed by defense counsel. The interview is
attorney-client privileged and attorney work product.
5. Please state the full name and last known address, giving the street, street number, city
and state, of every witness known to you or your attorneys who claim to have seen or
heard either Plaintiff or their agents make any statement or statements pertaining to any
of the events or happenings alleged in the Complaint.ANSWER: Norman L. Cartwright, If — G4S Security Systems, Inc.
Eli Samuel “Sam” Saldana — Hospital Housekeeping Systems, Inc.
Cory Wilson, USO, G4S Security Solutions, Inc.
Travis Ericson- Brown’s Funeral Home
6. Give a concise statement of the facts as to how you contend NORMAL L.
CARTWRIGHT, III’s accident took place.
ANSWER: It is our understanding the Plaintiff, Cory Wilson, Sam Saldana, and a staff
member from Brown’s Funeral Home were moving a deceased body from
the morgue to Brown’s Funeral Home when the stretcher malfunctioned.
7. If you contend that NORMAN L. CARTWRIGHT, III, acted in such a manner as to
cause or contribute to the incident described in the Complaint; give a concise statement of
the facts upon which you rely.
ANSWER: _ It is our understanding that the Plaintiff moved a deceased body even though
the gurney from Brown’s Funeral Home was not appropriate for the body
weight.
8. Please state the names, addresses, and titles of all persons who have knowledge or any
relevant facts relating to the subject accident,
ANSWER: Please see Answer 5, above. Investigation is in the initial phases and may
reveal others as investigation and discovery continues.
9. If a report was made by an employee of yours in the ordinary course of business with
respect to Plaintiff's accident, state the name(s) and address(es) of the person(s) who
made the report(s), the date(s) thereof and who has custody of such report(s).
ANSWER: None. It is our understanding that a report was provided by Plaintiff to his
employer, G4S Security Solutions, Inc.
10. Please state whether any changes have been made to the room where the incident
described in the Complaint took place subsequent to the incident, and if so; what those
changes are, including changes to the floor and any changes in illumination.
ANSWER: No.
11. Please describe the floor surface covering in the incident area, including the
manufacturer, product name and number of the covering.
ANSWER: Objection, irrelevant. Without waiving this objection, the alleged incident
involved a gurney. The floor surface was not the issue or the cause of the
alleged incident.12, Indicate when the floor in the incident area had last been painted, coated, or covered the
incident described in the Complaint, and identify the supplier of the product used, and the
brand name and number of the product.
ANSWER: Objection, irrelevant and not reasonably calculated to lead to the discovery
of admissible evidence. See Responses to Number 11, above.
13. Name the eyewitnesses to all or part of the incident described in the Complaint, and the
name of all persons who were at or near the scene when the incident occurred.
ANSWER: _ Please see Answer Number 5, above. Investigation is in the initial phases
and may reveal others as investigation and discovery continues.
14. Was an abrasive or non-slip material in use on or near the scene of the incident described
in the Complaint?
ANSWER: No.
15. Name all persons who investigated the case and circumstances of the incident described
in the Complaint, for you or your insurance carrier and name all persons who investigated
NORMAN L. CARTWRIGHT, III’s alleged injuries and damages for you and your
insurance carrier.
ANSWER: Objection, this request seeks information protected by attorney client
privilege. The allegations of the Complaint were investigated by defense
counsel Joseph F. Kinman, Jr.
16. State whether you have within your possession or control photographs, plats or diagrams
of the incident scene or objects connected with said incident, and if so, describe any and
all such items.
ANSWER: _ Yes, photographs taken by defense counsel Joseph F. Kinman, Jr. of the
morgue.
17. State the name, addresses, and social security number for all employees or former
employees of Defendant who Plaintiffs have alleged or who Defendant believes may
have knowledge pertaining to of the incident described in the Complaint, and for each
such employee or former employee, advise if you have obtained any statement from such
employee or former employee.
ANSWER: None. Plaintiff, Corey Wilson, and Travis Ericson were not employees of the
Hospital. Objection to disclosure of Social Security Numbers as personal
privacy privileged and confidential. Sam Saldana is an employee of Citrus
Memorial Hospital at 502 W. Highland Blvd., Inverness, FL 34452.18. Have you obtained any statement from anyone concerning any of the allegations raised in
the subject Complaint? If so, please state whether such statement was in writing or a verbal
statement, the date such statement was made, the name of the person making the statement, the
name of the person to whom the statement was made, who has custody of such statement and a
brief summary of the statement provided.
ANSWER: Yes, as to Sam Saldana who was interviewed by defense counsel on August
26, 2021. Objection based on attorney client and attorney work-product
privileges.
19. What is the name and address of Sam Saldana’s supervisor on and about October 6,
2017?
ANSWER: _ Robert Burkhart, EVS Directory, Hospital Housekeeping Systems, Inc.
LISA BRUNDAGE, VP Quality & Patient Safety
STATE OF FLORIDA
COUNTY OF
Before me, the undersigned authority, personally appeared ee
who is personally known to me or who has produced the following type of identification
ee . _..._.» and who, being first duly sworn, deposes and
says that she has read the foregoing Amended/Supplemental Answers to Initial Interrogatories
and they are true and correct to the best of her knowledge and belief.
Sworn to and subscribed before me, by means of _....... physical presence
or _ _ online notarization this day of
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Filing # 135479244 E-Filed 09/28/2021 02:47:11 PM IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT IN AND FOR CITRUS COUNTY, FLORIDA NORMAN L. CARTWRIGHT, III And COLLEEN CARTWRIGHT, Husband and Wife, Plaintiffs, vs. Case No,: 2021 CA 000537 A R.T. BROWN, INC., a Florida Profit Corporation, d/b/a BROWN FUNERAL HOME AND CREMATORY and CITRUS MEMORIAL HOSPITAL, INC., a Florida Profit Corporation, Defendants, DEFENDANT CITRUS MEMORIAL HOSPITAL’S MOTION TO AMEND/ SUPPLEMENT ITS ANSWER/ AFFIRMATIVE DEFENSES, ADMISSIONS, AND INTERROGATORY ANSWERS Defendant CITRUS MEMORIAL HOSPITAL moves to amend and/or supplement its Answer/Affirmative Defenses to Plaintiff's Amended Complaint, it’s Response to Plaintiff's Request for Admissions, and its Interrogatory Answers to Plaintiff, pursuant to Rule 1.190. Copies of the proposed amended/supplemental documents are attached hereto as Exhibits 1, 2 and 3 respectively. Amendments should be freely given when justice so requires, In this case, additional information pertinent to Plaintiffs allegations has been obtained which changes the Defendant’s Answer, Affirmative Defenses, Admissions Responses, and Interrogatory Answers. Defendant wishes for its responses to be more accurate and complete, and to eliminate issues of contention,It has now become known that one of the witnesses/participants in the alleged event was in fact an employee of this Defendant at the time of the alleged incident. Accordingly, Defendant requests that an order be entered allowing Defendant to file Amended Answer/Affirmative Defenses, Amended Response to Plaintiff's Request for Admissions, and Amended/Supplemental Interrogatory Answers. CERTIFICATE OF SERVICE THEREBY CERTIFY that on the ap #4 & day of September 2021 I electronically filed the foregoing with the Clerk of the Court by using the Florida Court E- -Filing Portal, which will send a Notice of Electronic Filing to the following: Thomas D. Hippelheuser, Esquire LAW OFFICES OF BRENT C. MILLER, P.A. 205 E. Burleigh Boulevard Tavares, FL 32778 Joseph T. Metzger, Esquire METZGER LAW GROUP, P.A. 3018 W. Horatio Street Tampa, FL 33609 service@metzyerlaw.net Primary: j Secondary: jlb@ BEYTIN. McLAU LIN, McLAUGHLIN, O’HARA, KINMAN & BOCCHINO 1706 East Eleventh Ave. Tampa, FL 33605 Phone: (813) 226-3000 Facsimile: (813) 226-3001 Attorney for Defendant Citrus Memorial HospitalIN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT IN AND FOR CITRUS COUNTY, FLORIDA NORMAN L. CARTWRIGHT, III And COLLEEN CARTWRIGHT, Husband and Wife, Plaintiffs, Vs. Case No.: 2021 CA 000537 A R.T. BROWN, INC., a Florida Profit Corporation, d/b/a BROWN FUNERAL HOME AND CREMATORY and CITRUS MEMORIAL HOSPITAL, INC., a Florida Profit Corporation, Defendants. AMENDED ANSWER OF DEFENDANT CITRUS MEMORIAL HOSPITAL TO AMENDED COMPLAINT Defendant CITRUS MEMORIAL HOSPITAL, INC. answers the Amended Complaint as follows: 1. Without knowledge and therefore denied. 2. Admitted. 3. Without knowledge and therefore denied. 4, Without knowledge and therefore denied. 5. Admitted, 6. Without knowledge and therefore denied. 7. Admitted that Sam Saldana was an employee of Defendant. Otherwise denied. 8. Admitted. EXHIBIT tof9. Admitted. 10. Without knowledge and therefore denied. 11. Without knowledge and therefore denied. 12. Without knowledge and therefore denied. 13. Without knowledge and therefore denied. 14. Without knowledge and therefore denied. 15. Without knowledge and therefore denied. 16. Without knowledge and therefore denied. 17. Without knowledge and therefore denied. 18. Without knowledge and therefore denied. 19. Without knowledge and therefore denied. 20. Without knowledge and therefore denied. 21, Without knowledge and therefore denied. COUNT I 22. Defendant reasserts and incorporates by reference responses to paragraphs | through 21 above herein. 23-29, Without knowledge and therefore denied. COUNT II 30. Defendant reasserts and incorporates by reference responses to paragraphs 1 through 21 above herein. 31-34. Without knowledge and therefore denied.COUNT I 35. Defendant reasserts and incorporates by reference responses to paragraphs 1 through 21 above herein. 36-39. Denied. AFFIRMATIVE DEFENSES 1. Plaintiff was comparatively negligent. 2. Plaintiff assumed the risk. 3. Defendant is entitled to Workers’ Compensation immunity to the extent that Plaintiff is determined to be an employee or agent of Defendant. 4, Plaintiff may have failed to mitigate his damages. 5. This was an open and obvious risk. 6. Defendant is entitled to deductions and/or set offs for collateral sources that have been paid. 7. Plaintiff is not entitled to recover for medical bills/charges that have been written off, adjusted, or for which Plaintiff owes no payment. 8. Defendant would be entitled to set-off for any settlement amounts received by Plaintiff from any co-defendant or third party. 9. The negligence of others, including Travis Ericson, R.T. Brown, Inc. d/b/a Brown Funeral Home, and Cory Wilson, as alleged in Plaintiff's Amended Complaint, was the sole proximate cause of the Plaintiff's injuries and damages. 10. The negligence of others, including Travis Ericson, R.T. Brown, Inc. d/b/a Brown Funeral Home, and Cory Wilson, as alleged in Plaintiff's Amended Complaint, was an intervening cause of the Plaintiff's injuries and damages.11. Defendant is not responsible for the acts of independent contractors, including G4S Secure Solutions, Inc., and Corey Wilson. 12. This Defendant is only responsible, if at all, for its own percentage of allowable fault, as there is no joint and several liability. DEMAND FOR JURY TRIAL Defendant Citrus Memorial Hospital, Inc. demands trial by jury of all issues so triable. CERTIFICATE OF SERVICE THEREBY CERTIFY that onthe ____ day of September 2021 I electronically filed the foregoing with the Clerk of the Court by using the Florida Court E-Filing Portal, which will send a Notice of Electronic Filing to the following: Thomas D. Hippelheuser, Esquire LAW OFFICES OF BRENT C. MILLER, P.A. 205 E. Burleigh Boulevard Tavares, FL 32778 litigation @bemillerlaw.com JOSEPH F. KINMAN, JR. ESQUIRE Florida Bar No.: 33090 Ak Secondary: jlb@law-fla.com BEYTIN, McLAUGHLIN, McLAUGHLIN, O’HARA, KINMAN & BOCCHINO 1706 East Eleventh Ave. Tampa, F™ 33605 Phone: (813) 226-3000 Facsimile: (813) 226-3001 Attorney for Defendant Citrus Memorial HospitalIN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT IN AND FOR CITRUS COUNTY, FLORIDA NORMAN L. CARTWRIGHT, III And COLLEEN CARTWRIGHT, Husband and Wife, Plaintiffs, vs. Case No,: 2021 CA 000537 A R.T. BROWN, INC., a Florida Profit Corporation, d/b/a BROWN FUNERAL HOME AND CREMATORY and CITRUS MEMORIAL HOSPITAL, INC., a Florida Profit Corporation, Defendants. J / DEFENDANT, CITRUS MEMORIAL HOSPITAL, INC.’s NOTICE OF SERVING AMENDED ANSWERS TO REQUESTS FOR ADMISSION COMES NOW, Defendant, CITRUS MEMORIAL HOSPITAL, by and through the undersigned counsel, hereby gives notice of serving Amended Answers to Requests for Admissions, as follows: 1. The incident alleged in the Complaint occurred in the hospital morgue of Citrus Memorial Hospital on October 6, 2017. ANSWER: Denied. 2. The incident occurred at approximately 6:00 p.m. on October 6, 2017. ANSWER: Denied. 3. At the time of the incident, Sam Saldana was an employee of CITRUS MEMORIAL HOSPITAL. EXHIBITANSWER: Admitted that Sam Saldana was an employee of Citrus Memorial Hospital at the alleged time of the alleged incident. Otherwise denied. 4. At the time of the incident, Sam Saldana was acting with the course and scope of his employment. ANSWER: Denied. CERTIFICATE OF SERVICE IHEREBY CERTIFY thatonthe _ day of September 2021 I electronically filed the foregoing with the Clerk of the Court by using the Florida Court E-Filing Portal, which will send a Notice of Electronic Filing to the following: Thomas D. Hippelheuser, Esquire LAW OFFICES OF BRENT C. MILLER, P.A. 205 E. Burleigh Boulevard Tavares, FL 32778 litivati « Joseph T. Metzger, Esquire METZGER LAW GROUP, P.A. 3018 W. Horatio Street Tampa, FL 33609 service@metzgerlaw.net Florida Bar No.: 330906 Primary: jfk@law-fla.com Secondary: jlb la a BEYTIN, McLAUGHLIN, McLAUGHLIN, O’HARA, KINMAN & BOCCHINO 1706 East Eleventh Ave. Tampa, FL 33605 Phone: (813) 226-3000 Facsimile: (813) 226-3001 Attorney for Defendant Citrus Memorial HospitalIN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT IN AND FOR CITRUS COUNTY, FLORIDA NORMAN L. CARTWRIGHT, III And COLLEEN CARTWRIGHT, Husband and Wife, Plaintiffs, vs. Case No.: 2021 CA 000537 A R.T. BROWN, INC., a Florida Profit Corporation, d/b/a BROWN FUNERAL HOME AND CREMATORY and CITRUS MEMORIAL HOSPITAL, INC., a Florida Profit Corporation, Defendants. DEFENDANT, CITRUS MEMORIAL HOSPITAL, INC.’s NOTICE OF SERVING AMENDED/SUPPLEMENTAL ANSWERS TO PLAINTIFF’S FIRST SET OF INTERROGATORIES COMES NOW, Defendant, CITRUS MEMORIAL HOSPITAL, by and through the undersigned counsel and pursuant to Florida Rules of Civil Procedure 1.340, hereby gives notice of serving Amended/Supplemental Answers to Plaintiff's First Set of Interrogatories. CERTIFICATE OF SERVICE THEREBY CERTIFY that onthe ____ day of September 2021 I electronically filed the foregoing with the Clerk of the Court by using the Florida Court E-Filing Portal, which will send a Notice of Electronic Filing to the following: Thomas D. Hippelheuser, Esquire LAW OFFICES OF BRENT C. MILLER, P.A. 205 E. Burleigh Boulevard Tavares, FL 32778 litigation@bemillerlaw.com EXHIBIT i 3Joseph T. Metzger, Esquire METZGER LAW GROUP, P.A. 3018 W. Horatio Street Tampa, FL 33609 -metzverlaw.net JOSEPH F. KINMAN, JR., ESQUIRE Florida Bar No.: 330906 Secondary: jlb BEYTIN, McLAUGHLIN, "MeLAUGHLIN O’HARA, KINMAN & BOCCHINO 1706 East Eleventh Ave. Tampa, FL 33605 Phone: (813) 226-3000 Facsimile: (813) 226-3001 Attorney for Defendant Citrus Memorial Hospital >DEFENDANT, CITRUS MEMORIAL HOSPITAL’S AMENDED/ SUPPLEMENTAL ANSWERS TO PLAINTIFF’S FIRST SET OF INTERROGATORIES 1. Please state with specificity the name, title, address, and telephone number of the person answering these interrogatories. ANSWER: Lisa Brundage, VP Quality & Patient Safety and Robert “Bobby” Samons, Director of Plant Operations Citrus Memorial Hospital 502 W. Highland Blvd. Inverness, FL 34452 With assistance from defense counsel, Joseph F. Kinman, Jr. 2. Give the name, address, and job title of the person who was on the premises, and who had management and control of the premises described in the Complaint. ANSWER: Robert “Bobby” Samons Director of Plant Operations Citrus Memorial Hospital 502 W. Highland Blvd. Inverness, FL 34452 3. Please state with specificity whether the person identified in number 2 above, was responsible for supervising the safe transfer of deceased bodies from the hospital morgue. ANSWER: No, the Plaintiff was the supervisor responsible for supervising the safe transfer of deceased bodies from the hospital morgue. 4. Please state whether any of your employees have made any statement or statements in any form to any person regarding any of the events or happenings referred to in the Complaint. If so, please state the name and address of the person or persons to whom such statement was made, the date such statement was made, the form of the statement, whether written or oral, by recording device, or to a stenographer, whether such statement, if written, was signed and the names and addresses of the persons presently having custody of such statement. ANSWER: Sam Saldana has been interviewed by defense counsel. The interview is attorney-client privileged and attorney work product. 5. Please state the full name and last known address, giving the street, street number, city and state, of every witness known to you or your attorneys who claim to have seen or heard either Plaintiff or their agents make any statement or statements pertaining to any of the events or happenings alleged in the Complaint.ANSWER: Norman L. Cartwright, If — G4S Security Systems, Inc. Eli Samuel “Sam” Saldana — Hospital Housekeeping Systems, Inc. Cory Wilson, USO, G4S Security Solutions, Inc. Travis Ericson- Brown’s Funeral Home 6. Give a concise statement of the facts as to how you contend NORMAL L. CARTWRIGHT, III’s accident took place. ANSWER: It is our understanding the Plaintiff, Cory Wilson, Sam Saldana, and a staff member from Brown’s Funeral Home were moving a deceased body from the morgue to Brown’s Funeral Home when the stretcher malfunctioned. 7. If you contend that NORMAN L. CARTWRIGHT, III, acted in such a manner as to cause or contribute to the incident described in the Complaint; give a concise statement of the facts upon which you rely. ANSWER: _ It is our understanding that the Plaintiff moved a deceased body even though the gurney from Brown’s Funeral Home was not appropriate for the body weight. 8. Please state the names, addresses, and titles of all persons who have knowledge or any relevant facts relating to the subject accident, ANSWER: Please see Answer 5, above. Investigation is in the initial phases and may reveal others as investigation and discovery continues. 9. If a report was made by an employee of yours in the ordinary course of business with respect to Plaintiff's accident, state the name(s) and address(es) of the person(s) who made the report(s), the date(s) thereof and who has custody of such report(s). ANSWER: None. It is our understanding that a report was provided by Plaintiff to his employer, G4S Security Solutions, Inc. 10. Please state whether any changes have been made to the room where the incident described in the Complaint took place subsequent to the incident, and if so; what those changes are, including changes to the floor and any changes in illumination. ANSWER: No. 11. Please describe the floor surface covering in the incident area, including the manufacturer, product name and number of the covering. ANSWER: Objection, irrelevant. Without waiving this objection, the alleged incident involved a gurney. The floor surface was not the issue or the cause of the alleged incident.12, Indicate when the floor in the incident area had last been painted, coated, or covered the incident described in the Complaint, and identify the supplier of the product used, and the brand name and number of the product. ANSWER: Objection, irrelevant and not reasonably calculated to lead to the discovery of admissible evidence. See Responses to Number 11, above. 13. Name the eyewitnesses to all or part of the incident described in the Complaint, and the name of all persons who were at or near the scene when the incident occurred. ANSWER: _ Please see Answer Number 5, above. Investigation is in the initial phases and may reveal others as investigation and discovery continues. 14. Was an abrasive or non-slip material in use on or near the scene of the incident described in the Complaint? ANSWER: No. 15. Name all persons who investigated the case and circumstances of the incident described in the Complaint, for you or your insurance carrier and name all persons who investigated NORMAN L. CARTWRIGHT, III’s alleged injuries and damages for you and your insurance carrier. ANSWER: Objection, this request seeks information protected by attorney client privilege. The allegations of the Complaint were investigated by defense counsel Joseph F. Kinman, Jr. 16. State whether you have within your possession or control photographs, plats or diagrams of the incident scene or objects connected with said incident, and if so, describe any and all such items. ANSWER: _ Yes, photographs taken by defense counsel Joseph F. Kinman, Jr. of the morgue. 17. State the name, addresses, and social security number for all employees or former employees of Defendant who Plaintiffs have alleged or who Defendant believes may have knowledge pertaining to of the incident described in the Complaint, and for each such employee or former employee, advise if you have obtained any statement from such employee or former employee. ANSWER: None. Plaintiff, Corey Wilson, and Travis Ericson were not employees of the Hospital. Objection to disclosure of Social Security Numbers as personal privacy privileged and confidential. Sam Saldana is an employee of Citrus Memorial Hospital at 502 W. Highland Blvd., Inverness, FL 34452.18. Have you obtained any statement from anyone concerning any of the allegations raised in the subject Complaint? If so, please state whether such statement was in writing or a verbal statement, the date such statement was made, the name of the person making the statement, the name of the person to whom the statement was made, who has custody of such statement and a brief summary of the statement provided. ANSWER: Yes, as to Sam Saldana who was interviewed by defense counsel on August 26, 2021. Objection based on attorney client and attorney work-product privileges. 19. What is the name and address of Sam Saldana’s supervisor on and about October 6, 2017? ANSWER: _ Robert Burkhart, EVS Directory, Hospital Housekeeping Systems, Inc. LISA BRUNDAGE, VP Quality & Patient Safety STATE OF FLORIDA COUNTY OF Before me, the undersigned authority, personally appeared ee who is personally known to me or who has produced the following type of identification ee . _..._.» and who, being first duly sworn, deposes and says that she has read the foregoing Amended/Supplemental Answers to Initial Interrogatories and they are true and correct to the best of her knowledge and belief. Sworn to and subscribed before me, by means of _....... physical presence or _ _ online notarization this day of