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Filing # 105785649 E-Filed 04/02/2020 01:17:18 PM
IN THE CIRCUIT COURT OF THE EIGHT JUDICIAL CIRCUIT
IN AND FOR ALACHUA COUNTY, FLORIDA
GALE ARLEDGE and CASE NO: — 2018-CA-004032
TERRANCE ARLEDGE, DIVISION: — Circuit Civil
her husband,
Plaintiff,
Vv.
13TH STREET HOMES SALES, LLC,
Defendant.
/
PLAINTIFFS’ MOTION TO COMPEL INSPECTION OF DEFENDANT’S PREMISES
Plaintiffs, GALE ARLEDGE and TERRANCE ARLEDGE, her husband, by and through
their undersigned attorneys, respectfully move this Honorable Court for an Order compelling
Defendant to permit expert inspection and examination of its premises where the subject incident
occurred, and say:
1. This matter relates to a fall on the premises of Defendant’s mobile home sales lot office
on September 20, 2017 which resulted in serious, permanent injuries to Ms. Gale Arledge
(‘Plaintiff’). The underlying facts material to this motion are as follows:
2. On the date of this incident, Plaintiff was an invitee on the subject property, shopping for
a mobile home to replace her home which had been destroyed in a recent hurricane. (G. Arledge
Dep. 64:9-64:20)
3. After looking at a number of mobile homes on the lot for an extended period of time
without the assistance of any of Defendant’s employees, Plaintiff entered the office building on
the mobile home lot and asked an employee therein if she could use a restroom. (G. Arledge
Dep. 67:14-69:18)
"2018 CA 004032" 105785649 Filed at Alachua County Clerk 04/02/2020 01:17:22 PM EDT4. Plaintiff was directed by Defendant’s employee down a hallway in the office building
(which is itself a mobile home-type of building), where she passed several offices and then
discovered a closed door on the left side of the hallway. (G. Arledge Dep. 69:13-69:18)
5. Plaintiff opened the closed door and observed that there was a toilet, vanity and a garbage
can in the room. (G. Arledge Dep. 70:7-70:10)
6. Plaintiff entered the bathroom, and after using the facilities for their obvious intended
purpose, was about to depart the room when a portion of the plywood floor suddenly gave way
beneath her and she fell with her right leg extending all the way through the floor. (G. Arledge
Dep. 70:13-71:5)
7. Plaintiff tried to get up, but was unsuccessful and fell into the hole in the floor a second
time. Eventually, Plaintiff was able to extricate herself from the hole and exit the bathroom. (G.
Arledge Dep. 70:13-71:5)
8. Photographs of the portion of the floor were taken by Plaintiff shortly after the incident
and additional photographs were also taken by Defendant around the same period of time.
9. On November 19, 2019, Plaintiff took the deposition of Mr. Jason Wainwright both in his
capacity as Defendant’s corporate representative and as a fact witness. (J. Wainwright Dep 5:6-
5:9)
10. Mr. Wainwright testified that the wood flooring Plaintiff fell through was 74” CDX
plywood and was undamaged until Plaintiff “pushed” her way through the floor.
11. Plaintiff's expert, Mr. Clinton Ford, reviewed photographs of the flooring through which
Plaintiff fell and determined that the plywood sheeting appears to have been substantially thinner
than %4” sheeting. Mr. Ford also determined that that flooring appeared to have been damaged or
deteriorated in the area through which Plaintiff fell. See Exhibit 1 Clinton Affidavit.12. Subsequent to the incident in which Plaintiff was injured, Defendant made repairs to the
subject floor and remodeled the bathroom, including covering the plywood flooring planks with
new floor covering material.
13. Plaintiff's expert has determined that in order to conduct a proper and complete
inspection of the floor in the area of Defendant’s premises where Plaintiff was injured, he will
need to temporarily remove part of the decorative skirting around part of the building, and part of
the “belly bag” vapor barrier and associated insulation underneath the building to access and
inspect the underside of the flooring and plumbing systems component parts. See Exhibit 1
Clinton Affidavit.
14. Inspection from underneath, within the crawlspace under the building will allow for a
visual inspection, environmental sampling, moisture testing and photographing the floor and
plumbing systems, necessary for Plaintiffs expert to complete his work. See Exhibit 1 Clinton
Affidavit
15. Plaintiff's expert has indicated that such inspections commonly occur in the building and
construction industry and that following such an inspection the premises can and will be returned
to an “ETOB” - Equal To Or Better condition as prior to the inspection. See Exhibit 1 Clinton
Affidavit.
16. Further, Plaintiffs expert has indicated that neither the inspection nor the ETOB repairs
will interrupt or restrict Defendant’s ability to use the structure as normal during the inspection
and repairs. See Exhibit 1 Clinton Affidavit
17. Plaintiff has retained a properly qualified and experienced subcontractor to accompany
Plaintiff's expert to the inspection and perform the ETOB repairs upon completion of the
inspection.18. Defendant has objected to the performance of this inspection by Plaintiffs expert.
19. Counsel for Plaintiffs certifies that he has made a good faith attempt to resolve this
discovery dispute prior to the filing of this motion, but the Defendant persists in not allowing
Plaintiff’s inspection as described to take place.
WHEREFORE, Plaintiffs, GALE ARLEDGE and TERRANCE ARLEDGE, request
this Court enter an Order granting access to Defendant’s premises by Plaintiff's expert Clinton
Ford for the purpose of completing a site inspection and subsequent repairs, and such other relief
as the Court deems equitable and just.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on the 2nd day of April, 2020, this document was filed using
the Florida Courts E-Filing Portal. This document is being served on all counsel of record by the
Florida Courts E-Filing Portal, pursuant to and in compliance with Fla. R. Jud. Admin. 2.516.
The mailing address for opposing counsel is: Carla Sabbagh, Rywant, Alvarez, Jones, Russo &
Guyton, P.A., 2440 S.W. 76th Street, Suite 130, Gainesville, FL 32608,
creneke@rywantalvarez.com; dbulatewicz@rywantalvarez.com; Michael S. Rywant, Rywant,
Alvarez, Jones, Russo & Guyton, P.A., 2440 S.W. 76th Street, Suite 130, Gainesville, FL
32608, service@rywantalvarez.com.
s/ James P. Brunet
JAMES P. BRUNET (FL Bar No. 016416)
REBECCA H. COZART (FL Bar No. 0487570)
RONALD E. SHOLES, P.A.
8761 Perimeter Park Blvd., Suite 104
Jacksonville, Florida 32216
Phone: (904) 661-3730 Fax: (904) 683-9282
Primary Email:
RonSholesPA-Team4-Eservice@ Y ouHurtWeFight.com
Attorneys for PlaintiffsBBIN THE CIRCUIT COURT OF THE EIGHTH JUDICIAL CIRCUIT
IN AND FOR ALACHUA COUNTY, FLORIDA
GALE ARI
TERRAN'
her husband,
GE and 2018-CA-004032
ARLEDGE, DIVISION: — Circuit Civil
Plaintitts,
ISTH STREET HOMES SALES, LLC,
Defendant.
AFFIDAVIT OF CLINTON J. FORD MLS.
BEFORE ME, personally appeared CLINTON J. FORD, and being duly sworn, states:
L My name is CLINTON J. FORD.
2 aman adult over the age of 18 and a resident of Alachua County.
3. Avall Umes material, | was and am a court-qualitied enpert witness in th
am the president and owner of Advanced Building Consultants, a Florida corporation,
4. The Plaintiff has retained me as an expert witness in the above-styled matter.
5. In connection with my work as an expert witness, | reviewed and analyzed
photographs taken on the floor location where the Plaintiff's incident occurred.
id of eenstruction. |
a series of
6. The photographs appear to reveal plywood sheathing that constitutes the structural component of
the floor to be substantially thinner than three-quarters of an inch thickness. The photography
also showed building material discolorations that are typically associated with w
by indicating deterioration und a pre-existing condition.
It is my understanding that Defendants have remodeled the subject bathroom after Plaintiff Gale
Arledge’s incident on or about September 20, 2017.
Therefore, it will be necessary to inspect the entire floor system under the subject bathroom’s
footprint. including structures and plumbing systems underneath and within the flooring system
EXHIBIT 1Removal of the moisture barrier “belly bag” and floor insulation from under the building will not
interrupt or restrict the use or capacity of the subject bathroom during the in
flooring structures will necessitate
along the side of the building and removal of the “belly bag” vapor barrier and asso
insulation, if any exists within the footprint of the subject bathroom. Inspection from the
underside of the floor, within the crawlspace. will allow visual inspection, environmentally
sampling, moisture testing, and photography of the flooring and plumbing systems at the subject
bathroom.
The vapor barrier and any other portions of the flooring system which were disturbed or moved
dus be inspection will be returned to an FE
or better than the condition that existed before the inspection
A fully qualified and certified contractor/subcontractor will perform the required ETOB work
after completing the documentation of the flooring and plumbing systems.
FURTHER AFFIANT SAYETH NAUGHT. ee
STATE OF F
CLINTON J. FORD M.S.
LORIDA
COUNTY OF ALACHUA
(SEAL)
ih.
MARY LOVELL
MY COMMISSION # FF979190
EXPIRES April 06, 2020
FlondaNotaryService com
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Filing # 105785649 E-Filed 04/02/2020 01:17:18 PM IN THE CIRCUIT COURT OF THE EIGHT JUDICIAL CIRCUIT IN AND FOR ALACHUA COUNTY, FLORIDA GALE ARLEDGE and CASE NO: — 2018-CA-004032 TERRANCE ARLEDGE, DIVISION: — Circuit Civil her husband, Plaintiff, Vv. 13TH STREET HOMES SALES, LLC, Defendant. / PLAINTIFFS’ MOTION TO COMPEL INSPECTION OF DEFENDANT’S PREMISES Plaintiffs, GALE ARLEDGE and TERRANCE ARLEDGE, her husband, by and through their undersigned attorneys, respectfully move this Honorable Court for an Order compelling Defendant to permit expert inspection and examination of its premises where the subject incident occurred, and say: 1. This matter relates to a fall on the premises of Defendant’s mobile home sales lot office on September 20, 2017 which resulted in serious, permanent injuries to Ms. Gale Arledge (‘Plaintiff’). The underlying facts material to this motion are as follows: 2. On the date of this incident, Plaintiff was an invitee on the subject property, shopping for a mobile home to replace her home which had been destroyed in a recent hurricane. (G. Arledge Dep. 64:9-64:20) 3. After looking at a number of mobile homes on the lot for an extended period of time without the assistance of any of Defendant’s employees, Plaintiff entered the office building on the mobile home lot and asked an employee therein if she could use a restroom. (G. Arledge Dep. 67:14-69:18) "2018 CA 004032" 105785649 Filed at Alachua County Clerk 04/02/2020 01:17:22 PM EDT4. Plaintiff was directed by Defendant’s employee down a hallway in the office building (which is itself a mobile home-type of building), where she passed several offices and then discovered a closed door on the left side of the hallway. (G. Arledge Dep. 69:13-69:18) 5. Plaintiff opened the closed door and observed that there was a toilet, vanity and a garbage can in the room. (G. Arledge Dep. 70:7-70:10) 6. Plaintiff entered the bathroom, and after using the facilities for their obvious intended purpose, was about to depart the room when a portion of the plywood floor suddenly gave way beneath her and she fell with her right leg extending all the way through the floor. (G. Arledge Dep. 70:13-71:5) 7. Plaintiff tried to get up, but was unsuccessful and fell into the hole in the floor a second time. Eventually, Plaintiff was able to extricate herself from the hole and exit the bathroom. (G. Arledge Dep. 70:13-71:5) 8. Photographs of the portion of the floor were taken by Plaintiff shortly after the incident and additional photographs were also taken by Defendant around the same period of time. 9. On November 19, 2019, Plaintiff took the deposition of Mr. Jason Wainwright both in his capacity as Defendant’s corporate representative and as a fact witness. (J. Wainwright Dep 5:6- 5:9) 10. Mr. Wainwright testified that the wood flooring Plaintiff fell through was 74” CDX plywood and was undamaged until Plaintiff “pushed” her way through the floor. 11. Plaintiff's expert, Mr. Clinton Ford, reviewed photographs of the flooring through which Plaintiff fell and determined that the plywood sheeting appears to have been substantially thinner than %4” sheeting. Mr. Ford also determined that that flooring appeared to have been damaged or deteriorated in the area through which Plaintiff fell. See Exhibit 1 Clinton Affidavit.12. Subsequent to the incident in which Plaintiff was injured, Defendant made repairs to the subject floor and remodeled the bathroom, including covering the plywood flooring planks with new floor covering material. 13. Plaintiff's expert has determined that in order to conduct a proper and complete inspection of the floor in the area of Defendant’s premises where Plaintiff was injured, he will need to temporarily remove part of the decorative skirting around part of the building, and part of the “belly bag” vapor barrier and associated insulation underneath the building to access and inspect the underside of the flooring and plumbing systems component parts. See Exhibit 1 Clinton Affidavit. 14. Inspection from underneath, within the crawlspace under the building will allow for a visual inspection, environmental sampling, moisture testing and photographing the floor and plumbing systems, necessary for Plaintiffs expert to complete his work. See Exhibit 1 Clinton Affidavit 15. Plaintiff's expert has indicated that such inspections commonly occur in the building and construction industry and that following such an inspection the premises can and will be returned to an “ETOB” - Equal To Or Better condition as prior to the inspection. See Exhibit 1 Clinton Affidavit. 16. Further, Plaintiffs expert has indicated that neither the inspection nor the ETOB repairs will interrupt or restrict Defendant’s ability to use the structure as normal during the inspection and repairs. See Exhibit 1 Clinton Affidavit 17. Plaintiff has retained a properly qualified and experienced subcontractor to accompany Plaintiff's expert to the inspection and perform the ETOB repairs upon completion of the inspection.18. Defendant has objected to the performance of this inspection by Plaintiffs expert. 19. Counsel for Plaintiffs certifies that he has made a good faith attempt to resolve this discovery dispute prior to the filing of this motion, but the Defendant persists in not allowing Plaintiff’s inspection as described to take place. WHEREFORE, Plaintiffs, GALE ARLEDGE and TERRANCE ARLEDGE, request this Court enter an Order granting access to Defendant’s premises by Plaintiff's expert Clinton Ford for the purpose of completing a site inspection and subsequent repairs, and such other relief as the Court deems equitable and just. CERTIFICATE OF SERVICE I HEREBY CERTIFY that on the 2nd day of April, 2020, this document was filed using the Florida Courts E-Filing Portal. This document is being served on all counsel of record by the Florida Courts E-Filing Portal, pursuant to and in compliance with Fla. R. Jud. Admin. 2.516. The mailing address for opposing counsel is: Carla Sabbagh, Rywant, Alvarez, Jones, Russo & Guyton, P.A., 2440 S.W. 76th Street, Suite 130, Gainesville, FL 32608, creneke@rywantalvarez.com; dbulatewicz@rywantalvarez.com; Michael S. Rywant, Rywant, Alvarez, Jones, Russo & Guyton, P.A., 2440 S.W. 76th Street, Suite 130, Gainesville, FL 32608, service@rywantalvarez.com. s/ James P. Brunet JAMES P. BRUNET (FL Bar No. 016416) REBECCA H. COZART (FL Bar No. 0487570) RONALD E. SHOLES, P.A. 8761 Perimeter Park Blvd., Suite 104 Jacksonville, Florida 32216 Phone: (904) 661-3730 Fax: (904) 683-9282 Primary Email: RonSholesPA-Team4-Eservice@ Y ouHurtWeFight.com Attorneys for PlaintiffsBBIN THE CIRCUIT COURT OF THE EIGHTH JUDICIAL CIRCUIT IN AND FOR ALACHUA COUNTY, FLORIDA GALE ARI TERRAN' her husband, GE and 2018-CA-004032 ARLEDGE, DIVISION: — Circuit Civil Plaintitts, ISTH STREET HOMES SALES, LLC, Defendant. AFFIDAVIT OF CLINTON J. FORD MLS. BEFORE ME, personally appeared CLINTON J. FORD, and being duly sworn, states: L My name is CLINTON J. FORD. 2 aman adult over the age of 18 and a resident of Alachua County. 3. Avall Umes material, | was and am a court-qualitied enpert witness in th am the president and owner of Advanced Building Consultants, a Florida corporation, 4. The Plaintiff has retained me as an expert witness in the above-styled matter. 5. In connection with my work as an expert witness, | reviewed and analyzed photographs taken on the floor location where the Plaintiff's incident occurred. id of eenstruction. | a series of 6. The photographs appear to reveal plywood sheathing that constitutes the structural component of the floor to be substantially thinner than three-quarters of an inch thickness. The photography also showed building material discolorations that are typically associated with w by indicating deterioration und a pre-existing condition. It is my understanding that Defendants have remodeled the subject bathroom after Plaintiff Gale Arledge’s incident on or about September 20, 2017. Therefore, it will be necessary to inspect the entire floor system under the subject bathroom’s footprint. including structures and plumbing systems underneath and within the flooring system EXHIBIT 1Removal of the moisture barrier “belly bag” and floor insulation from under the building will not interrupt or restrict the use or capacity of the subject bathroom during the in flooring structures will necessitate along the side of the building and removal of the “belly bag” vapor barrier and asso insulation, if any exists within the footprint of the subject bathroom. Inspection from the underside of the floor, within the crawlspace. will allow visual inspection, environmentally sampling, moisture testing, and photography of the flooring and plumbing systems at the subject bathroom. The vapor barrier and any other portions of the flooring system which were disturbed or moved dus be inspection will be returned to an FE or better than the condition that existed before the inspection A fully qualified and certified contractor/subcontractor will perform the required ETOB work after completing the documentation of the flooring and plumbing systems. FURTHER AFFIANT SAYETH NAUGHT. ee STATE OF F CLINTON J. FORD M.S. LORIDA COUNTY OF ALACHUA (SEAL) ih. MARY LOVELL MY COMMISSION # FF979190 EXPIRES April 06, 2020 FlondaNotaryService com