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Filing # 133838896 E-Filed 09/01/2021 11:52:01 AM
CIRCUIT COURT OF THE
FIFTH JUDICIAL CIRCUIT
IN AND FOR LAKE COUNTY, FLORIDA
TRACEY KOPACSY, CASE NO. 2021-CA-001083
Plaintiff,
vs.
7-ELEVEN, INC., a foreign profit
corporation, and SOUTH HANCOCK,
LTD., a Florida limited partnership,
Defendants.
/
RESPONSE TO REQUEST FOR ADMISSIONS
Defendant, 7-ELEVEN, INC., by and through the undersigned attorneys, and pursuant to the
applicable Fla. R. Civ. P., responds to Plaintiff, TRACEY KOPACSY, Request for Admissions dated
August 5, 2021 as follows:
1 Admit Defendant was responsible for maintaining the area where the incident occurred.
RESPONSE: Objection. This request is vague and ambiguous with respect to the term
“maintaining”. Subject to and without waiving the foregoing objections, Defendant admits
that it has responsibility to make structural repairs to the area in question and otherwise
denies.
2. Admit Plaintiff fell while on the property identified in Plaintiffs Complaint.
RESPONSE: Defendant is without knowledge, therefore denied.
3. Admit at least one of Defendant's current or former employee(s) was made aware of the
incident on the day it happened.
RESPONSE: Denied.
4. Admit an incident report was prepared by one of Defendant's employees regarding the incident.
RESPONSE: Denied.
FILED: LAKE COUNTY, GARY J. COONEY, CLERK, 09/01/2021 11:55:11 AM
CASE NO. 2021-CA-001083
5. Admit an incident report was filled out by the Plaintiff.
RESPONSE: Denied.
6. Admit an incident report was signed by the Plaintiff.
RESPONSE: Defendant admits Plaintiff wrote a written statement. Defendant denies it created
an incident report.
7. Admit Plaintiff was a business invitee.
RESPONSE: Defendant is without knowledge, therefore denied.
8. Admit there was a foreign substance on the floor where the Plaintiff tripped and fell.
RESPONSE: Denied.
9. Admit after the subject incident the Defendant wiped up and/or cleaned the area where the
Plaintiff tripped and fell.
RESPONSE: Denied.
10. Admit the substance or liquid which was on the floor at the time of the subject incident is no
longer present on the floor.
RESPONSE: Defendant denies there was a substance on the floor.
11. Admit the Plaintiff complained of pain after tripped and fall on the day of this incident.
RESPONSE: Defendant is without knowledge, therefore denied.
12. Admit the Plaintiff sustained an injury in this incident.
RESPONSE: Denied.
13. Admit one or more of Defendant's employees offered assistance to Plaintiff following this
incident.
RESPONSE: Denied.
CASE NO. 2021-CA-001083
14. Admit one or more of Defendant's employees offered to call 911 following this incident.
RESPONSE: Denied.
15. Admit there were no warning signs, wet floor signs, or caution cones in the area where the
incident occurred when the incident occurred.
RESPONSE: Defendant denies there was a dangerous condition present.
16. Admit Defendant had operational security cameras on the property.
RESPONSE: Admitted.
17. Admit Defendant has video of the incident.
RESPONSE: Defendant admits there is surveillance video that captures the area where Plaintiff
allegedly fell, otherwise, denied.
18. Admit Defendant has in its possession video showing the area where the incident occurred
prior to the subject incident occurring.
RESPONSE: Admitted.
19. Admit the video preserved by Defendant is less than sixty (60) minutes long.
RESPONSE: Denied as phrased.
20. Admit the Defendant received a "Preservation of Evidence" letter after the incident occurred.
RESPONSE: Admitted.
21. Admit Defendant did not preserve any video from the date of loss.
RESPONSE: Denied.
22. Admit on the day of the incident, Defendant kept maintenance, inspection, and/ or cleaning
logs documenting when the area where the incident occurred was last cleaned prior to the
incident.
RESPONSE: Denied.
CASE NO. 2021-CA-001083
23. Admit Defendant has maintenance, inspection, and/or cleaning logs documenting when the
area where the incident occurred was maintained, inspected, or cleaned.
RESPONSE: Defendant denies that it has any maintenance records from the date of the alleged
incident.
24. Admit Defendant did not preserve any documentation regarding inspection, maintenance or
cleaning of the subject area.
RESPONSE: Defendant denies that it has any maintenance records from the date of the alleged
incident.
25. Admit Defendant knows of no current or former employees with personal knowledge of when
the subject area was maintained, inspected or cleaned within one (1) hour prior to the incident.
RESPONSE: Defendant denies that it had a duty to inspect or clean the subject area in the one
hour prior to the alleged incident.
WE HEREBY CERTIFY that a copy hereof has been electronically served via Florida ePortal
to: Shawn McCloskey, Esquire, eservice@schwedlawfirm.com; on this 1‘ of September, 2021.
/s/ Raychel A. Garcia
Raychel A. Garcia, Esquire
Florida Bar No. 091096
Trevor J. Alfredson, Esquire
Florida Bar No. 1015793
WICKER SMITH O'HARA MCCOY & FORD, P.A.
Attorneys for 7-Eleven, Inc.
390 N. Orange Ave., Suite 1000
Orlando, FL 32801
Phone: (407) 843-3939
Fax: (407) 649-8118
ORLertpleadings@wickersmith.com
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Filing # 133838896 E-Filed 09/01/2021 11:52:01 AM CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT IN AND FOR LAKE COUNTY, FLORIDA TRACEY KOPACSY, CASE NO. 2021-CA-001083 Plaintiff, vs. 7-ELEVEN, INC., a foreign profit corporation, and SOUTH HANCOCK, LTD., a Florida limited partnership, Defendants. / RESPONSE TO REQUEST FOR ADMISSIONS Defendant, 7-ELEVEN, INC., by and through the undersigned attorneys, and pursuant to the applicable Fla. R. Civ. P., responds to Plaintiff, TRACEY KOPACSY, Request for Admissions dated August 5, 2021 as follows: 1 Admit Defendant was responsible for maintaining the area where the incident occurred. RESPONSE: Objection. This request is vague and ambiguous with respect to the term “maintaining”. Subject to and without waiving the foregoing objections, Defendant admits that it has responsibility to make structural repairs to the area in question and otherwise denies. 2. Admit Plaintiff fell while on the property identified in Plaintiffs Complaint. RESPONSE: Defendant is without knowledge, therefore denied. 3. Admit at least one of Defendant's current or former employee(s) was made aware of the incident on the day it happened. RESPONSE: Denied. 4. Admit an incident report was prepared by one of Defendant's employees regarding the incident. RESPONSE: Denied. FILED: LAKE COUNTY, GARY J. COONEY, CLERK, 09/01/2021 11:55:11 AM CASE NO. 2021-CA-001083 5. Admit an incident report was filled out by the Plaintiff. RESPONSE: Denied. 6. Admit an incident report was signed by the Plaintiff. RESPONSE: Defendant admits Plaintiff wrote a written statement. Defendant denies it created an incident report. 7. Admit Plaintiff was a business invitee. RESPONSE: Defendant is without knowledge, therefore denied. 8. Admit there was a foreign substance on the floor where the Plaintiff tripped and fell. RESPONSE: Denied. 9. Admit after the subject incident the Defendant wiped up and/or cleaned the area where the Plaintiff tripped and fell. RESPONSE: Denied. 10. Admit the substance or liquid which was on the floor at the time of the subject incident is no longer present on the floor. RESPONSE: Defendant denies there was a substance on the floor. 11. Admit the Plaintiff complained of pain after tripped and fall on the day of this incident. RESPONSE: Defendant is without knowledge, therefore denied. 12. Admit the Plaintiff sustained an injury in this incident. RESPONSE: Denied. 13. Admit one or more of Defendant's employees offered assistance to Plaintiff following this incident. RESPONSE: Denied. CASE NO. 2021-CA-001083 14. Admit one or more of Defendant's employees offered to call 911 following this incident. RESPONSE: Denied. 15. Admit there were no warning signs, wet floor signs, or caution cones in the area where the incident occurred when the incident occurred. RESPONSE: Defendant denies there was a dangerous condition present. 16. Admit Defendant had operational security cameras on the property. RESPONSE: Admitted. 17. Admit Defendant has video of the incident. RESPONSE: Defendant admits there is surveillance video that captures the area where Plaintiff allegedly fell, otherwise, denied. 18. Admit Defendant has in its possession video showing the area where the incident occurred prior to the subject incident occurring. RESPONSE: Admitted. 19. Admit the video preserved by Defendant is less than sixty (60) minutes long. RESPONSE: Denied as phrased. 20. Admit the Defendant received a "Preservation of Evidence" letter after the incident occurred. RESPONSE: Admitted. 21. Admit Defendant did not preserve any video from the date of loss. RESPONSE: Denied. 22. Admit on the day of the incident, Defendant kept maintenance, inspection, and/ or cleaning logs documenting when the area where the incident occurred was last cleaned prior to the incident. RESPONSE: Denied. CASE NO. 2021-CA-001083 23. Admit Defendant has maintenance, inspection, and/or cleaning logs documenting when the area where the incident occurred was maintained, inspected, or cleaned. RESPONSE: Defendant denies that it has any maintenance records from the date of the alleged incident. 24. Admit Defendant did not preserve any documentation regarding inspection, maintenance or cleaning of the subject area. RESPONSE: Defendant denies that it has any maintenance records from the date of the alleged incident. 25. Admit Defendant knows of no current or former employees with personal knowledge of when the subject area was maintained, inspected or cleaned within one (1) hour prior to the incident. RESPONSE: Defendant denies that it had a duty to inspect or clean the subject area in the one hour prior to the alleged incident. WE HEREBY CERTIFY that a copy hereof has been electronically served via Florida ePortal to: Shawn McCloskey, Esquire, eservice@schwedlawfirm.com; on this 1‘ of September, 2021. /s/ Raychel A. Garcia Raychel A. Garcia, Esquire Florida Bar No. 091096 Trevor J. Alfredson, Esquire Florida Bar No. 1015793 WICKER SMITH O'HARA MCCOY & FORD, P.A. Attorneys for 7-Eleven, Inc. 390 N. Orange Ave., Suite 1000 Orlando, FL 32801 Phone: (407) 843-3939 Fax: (407) 649-8118 ORLertpleadings@wickersmith.com