IN THE UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CASE NO.: 20-cv-22463-FAM

ASHLEY HODSON, 

Plaintiff, 

v.

MSC CRUISES, S.A., 

Defendant.

________________________________________/

DEFENDANT’S RESPONSES TO 

PLAINTIFF’S FIRST REQUEST FOR PRODUCTION

Defendant, MSC CRUISES, S.A. (“MSC” or “Defendant”), hereby serves its Responses 

to Plaintiff’s First Request for Production. 

CERTIFICATE OF SERVICE

WE HEREBY CERTIFY that a true and correct copy of the foregoing was sent via 

Electronic Mail to all parties on the attached service list this 2nd day of November 2020.

Respectfully submitted,

MALTZMAN & PARTNERS, P.A.

By: /s/ Steve Holman

Jeffrey B. Maltzman, Esq.

Florida Bar No. 48860

jeffreym@maltzmanpartners.com 

Steve Holman, Esq.

Florida Bar No. 547840

steveh@maltzmanpartners.com

55 Miracle Mile, Suite 300

Case 1:20-cv-22463-FAM Document 17-3 Entered on FLSD Docket 12/09/2020 Page 1 of 11
Coral Gables, FL 33134

Tel: 305-779-5665 

Fax: 305-779-5664

Attorneys for Defendant

SERVICE LIST

CASE NO.: 20-cv-22463-FAM

Spencer M. Aronfeld, Esq.

aronfeld@aronfeld.com

Abby Hernández Ivey, Esq.

aivey@aronfeld.com

abaez@aronfeld.com

Matthias M. Hayashi, Esq.

mhayashi@aronfeld.com

ARONFELD TRIAL LAWYERS

One Alhambra Plaza, Penthouse

Coral Gables, FL 33134

Phone: 305-441-0440

Fax: 305-441-0198

Attorneys for Plaintiff

Jeffrey B. Maltzman, Esq.

jeffreym@maltzmanpartners.com 

Steve Holman, Esq.

steveh@maltzmanpartners.com

MALTZMAN & PARTNERS, P.A. 

55 Miracle Mile, Suite 300

Coral Gables, FL 33134

Phone: 305-779-5665

 Fax: 305-779-5664

 Attorneys for Defendant

Case 1:20-cv-22463-FAM Document 17-3 Entered on FLSD Docket 12/09/2020 Page 2 of 11
RESPONSES

1. Any and all reports prepared and/or maintained by you in the ordinary course of business 

regarding the Plaintiff's accident, including the ships’ log, maintenance and/or inspection 

logs, and/or security officer watch report covering the shift during which Plaintiff’s 

accident occurred. 

RESPONSE: See documents produced.

2. Any and all unedited copies of any video, and/or CCTV footage, of the Plaintiff during 

the entire cruise, including footage of the subject incident. 

RESPONSE: None. 

3. Any and all CCTV footage from the ship’s medical infirmary from the date of Plaintiff’s 

incident, and any other times/dates she presented to the medical center for treatment 

during the course of the voyage. 

RESPONSE: None. 

4. Any and all photographs and/or maps reflecting Plaintiff, Plaintiff’s accident, the scene of 

Plaintiff’s accident, and/or Plaintiff’s damages or injuries. 

RESPONSE: See documents produced. Additionally, Defendant is in possession of medical 

records produced by Plaintiff, which are already in Plaintiff’s possession.

5. Any and all photographs of the subject area as it existed at or around the time of the 

subject incident. 

RESPONSE: None. Defendant is in possession of photographs produced by Plaintiff, which 

are already in Plaintiff’s possession.

6. Any and all photographs and/or videos of the subject area as it exists currently on the 

vessel. 

RESPONSE: None. 

7. Any and all safety videotapes that are provided to passengers in their cabins at the 

beginning of their voyage. 

RESPONSE: See documents produced.

8. Any and all "statements" of all parties to this suit, their agents and employees, and 

independent witnesses which relate to or concern Plaintiff, Plaintiff’s accident, Plaintiff’s 

Case 1:20-cv-22463-FAM Document 17-3 Entered on FLSD Docket 12/09/2020 Page 3 of 11
injuries, Plaintiff’s medical treatment and/or Defendant’s affirmative defenses. 

RESPONSE: Defendant responds only as to non-privileged documents: see documents 

produced. 

Notwithstanding Defendant’s response, Defendant objects that as drafted this requests a 

document covered by the attorney-client privilege and work product doctrine. Safety 

Officer Marcello Ercolano completed an incident report in anticipation of litigation on 

September 1, 2019. The report on the top of each and every page states “STRICTLY 

CONFIDENTIAL PREPARED IN ANTICIPATION OF LITIGATION AND FOR USE 

BY COMPANY ATTORNEYS.” The Defendant’s legal department and its defense counsel 

are the custodians of this report. A Privilege Log is being provided.

9. Any and all statements given by (or taken of) the Plaintiff in Defendant’s possession, 

custody or control. 

RESPONSE: See documents produced.

10. Any and all internal and external correspondence, email, or data in electronic form 

between guest services, medical staff, crewmembers, and staff captain regarding or 

referencing Plaintiff’s incident, or otherwise mentioning or referring to Plaintiff. 

RESPONSE: See documents produced.

11. Any and all medical records (including medical center logs, and x-ray files) related to 

Plaintiff’s medical treatment. 

RESPONSE: See documents produced. Additionally, Defendant is in possession of medical 

records produced by Plaintiff, which are already in Plaintiff’s possession.

12. Any and all copies of the “Daily Program” issued during the subject cruise. 

RESPONSE: Copies of the Daily Program from the subject cruise have been requested 

from the ship. To the extent that they still exist, Defendant will supplement this Response 

and produce same upon receipt.

13. Any and all documents related to Defendant’s documentation or processing of said 

incidents, events or activities; including, but not limited to: Safety Officer Reports, Ship 

Security Incident Report, Ship Security Incident Report Log, CCTV Camera Operational 

Acknowledgment Log, Daily Security Summary Watch Report, which relate to or 

concern substantially similar incidents: to wit, slips and falls of passengers, crew or other 

persons in the subject area three (3) years prior to the date of the Plaintiff's incident to the 

present, either on the same ship or on any ships in Defendant’s fleet with similarly-styled 

decks. 

Case 1:20-cv-22463-FAM Document 17-3 Entered on FLSD Docket 12/09/2020 Page 4 of 11
RESPONSE: This request is unintelligible as drafted; therefore Defendant cannot respond.

14. Any and all documents related to Defendant’s documentation or processing of said 

incidents, events or activities; including, but not limited to: Balance Score Card, Safety 

Officer Reports, Ship Security Incident Report, Ship Security Incident Report Log, 

CCTV Camera Operational Acknowledgment Log, Daily Security Summary Watch 

Report, which relate to or concern substantially similar incidents: to wit, slips and falls of 

passengers, crew or other persons injured on the subject stairs and/or other stairs with 

substantially-similar flooring for three (3) years prior to the date of the Plaintiff's incident 

to the present, either on the same ship or on any sister ships in Defendant’s fleet. 

RESPONSE: This request is unintelligible as drafted; therefore Defendant cannot respond.

15. Any and all shipboard minutes of meetings regarding policies and procedures on the 

MSC Seaside with respect to the subject area and/or stairs on the MSC Seaside for the 

period three (3) years prior to the subject incident and up through the date of the subject 

incident in this case. 

RESPONSE: None.

16. Any and all shipboard minutes of meetings regarding slip and fall incidents on deck 16 of 

the MSC Seaside for a period three (3) years prior to the subject incident. 

RESPONSE: Defendant responds to meetings regarding slip and fall incidents on the 

subject stairs between decks 16 and 18: none.

Notwithstanding Defendant’s response, Defendant objects that this request is irrelevant to 

the claims and defenses of either party. Plaintiff alleged that she slipped and fell on the 

stairs from deck 17 to deck 16 and that she slipped on the step. See First Amended 

Complaint [ECF No. 6] at ¶14. Therefore, information regarding slip and falls on deck 16 

is irrelevant to the instant lawsuit. The request is overbroad, unduly burdensome, and 

disproportionate to the needs of the case.

17. Any and all policies and/or procedures related to the proper inspection for the subject 

area where Plaintiff’s accident occurred; including inspections for dangerous/riskcreating hazards in the area where Plaintiff’s accident occurred. 

RESPONSE: See documents produced. 

18. Any and all policies and/or procedures related to the proper maintenance for the subject 

area where Plaintiff’s accident occurred; including maintenance for dangerous/riskcreating hazards in the area where Plaintiff’s accident occurred. 

RESPONSE: See documents produced.

Case 1:20-cv-22463-FAM Document 17-3 Entered on FLSD Docket 12/09/2020 Page 5 of 11
19. Any and all policies and/or procedures related to the proper repairs for the subject area 

where Plaintiff’s accident occurred; including repairs for dangerous/risk-creating hazards 

in the area where Plaintiff’s accident occurred. 

RESPONSE: See documents produced.

20. Any and all policies and/or procedures related to the proper warning of dangerous 

conditions identified by Defendant where Plaintiff’s incident occurred; including 

warnings for dangerous/risk-creating hazards in the area where Plaintiff’s accident 

occurred. 

RESPONSE: See documents produced.

21. Any and all documents (including log entries) regarding passenger and crew complaints 

of dangerous risk-creating and/or hazardous conditions related to the subject area on the 

MSC Seaside or its sister ships for three (3) years prior and six (6) months subsequent 

where Plaintiff’s accident occurred.

RESPONSE: Objection, this request is overbroad in scope as it encompasses documents

that are not relevant to any party’s claim or defense and disproportionate to the needs of 

the case. The request encompasses documents from every MSC vessel in the Seaside class, 

regardless of similarity to the circumstances of Plaintiff’s alleged incident. As drafted, the 

request encompasses complaints that the carpet was ugly or that the handrail was sticky. 

None of those complaints are relevant to any party’s claim or defense. Furthermore, this 

request is unduly burdensome and disproportionate to the needs of the case. 

In addition, this request is overbroad in the time period requested. The request includes

information after the date of Plaintiff’s incident. This request is neither proportional to the 

needs of the case and any complaints after the alleged incident are irrelevant to the claims 

or defenses of either party.

22. Any and all cause analyses concerning Plaintiff’s accident. 

RESPONSE: None.

23. The ship’s deck log for the date of Plaintiff’s accident. 

RESPONSE: Copies of the Bridge Log from the day of the alleged incident have been 

requested from the ship. Defendant will supplement this Response and produce same upon 

receipt.

24. Any and all documents which reflect or concern any and all repairs, replacements, and/or 

alterations to the subject area where Plaintiff’s accident occurred since the date of that 

Case 1:20-cv-22463-FAM Document 17-3 Entered on FLSD Docket 12/09/2020 Page 6 of 11
accident. 

RESPONSE: Objection, this request is overbroad in the time period requested. The request 

is limited to only information after the date of Plaintiff’s incident. This request is neither 

proportional to the needs of the case and any complaints after the alleged incident are 

irrelevant to the claims or defenses of either party. Any repairs or maintenance made after 

the alleged incident would constitute inadmissible subsequent remedial measures. 

25. Any and all documents reflecting any inspections of the area where Plaintiff’s accident 

occurred for the entire cruise on which Plaintiff’s accident occurred. 

RESPONSE: None.

26. All documentation generated for Plaintiff in relation to the voyage, including but not 

limited to sales summaries, sales receipts, cruise ticket contract, ID cards, etc. 

RESPONSE: See documents produced.

27. Any and all reports or statements from any witness, whether a retained expert or 

otherwise, who will offer opinion testimony in this matter. 

RESPONSE: Defendant objects that this requests a document covered by the attorneyclient privilege and work product doctrine. Safety Officer Marcello Ercolano completed an 

incident report in anticipation of litigation on September 1, 2019. The report on the top of 

each and every page states “STRICTLY CONFIDENTIAL PREPARED IN 

ANTICIPATION OF LITIGATION AND FOR USE BY COMPANY ATTORNEYS.” The 

Defendant’s legal department and its defense counsel are the custodians of this report. A 

Privilege Log is being provided.

28. Each and every policy of insurance which may provide coverage for the claims made by

the Plaintiff in this lawsuit (“Plaintiff’s accident”), including all excess insurance 

policies, re-insurance policies, cover sheets, and endorsements. 

RESPONSE: MSC maintains protection and indemnity coverage with Steamship Mutual 

P&I Club, whose rules of entry can be found in Benedict on Admiralty, 7th and 8th Editions. 

29. Every employee manual, policy, procedure, written protocol and video for the training of 

Defendant’s crew which relates to conducting inspections and/or maintenance of the 

location and surface where Plaintiff’s accident occurred, and which was in effect on the 

date thereof. 

RESPONSE: See documents produced. 

30. Any and all documents pertaining to any calls or communications between the medical 

staff on the subject vessel to a specialist, surgeon, offshore clinic/medical establishment 

Case 1:20-cv-22463-FAM Document 17-3 Entered on FLSD Docket 12/09/2020 Page 7 of 11
or any other doctor/medical professional in connection with the treatment (or lack 

thereof) Plaintiff received aboard the subject vessel. 

RESPONSE: Copies of any such documents have been requested from the ship. To the 

extent they exist, Defendant will supplement this Response and produce same upon receipt.

31. Any and all medical records referring to the Plaintiff in Defendant’s possession, custody 

or control. 

RESPONSE: See documents produced. Additionally, Defendant is in possession of medical 

records produced by Plaintiff, which are already in Plaintiff’s possession.

32. Any and all documents pertaining to any recommended diagnosis and treatment plan for 

Plaintiff, and/or related to Plaintiff’s medical treatment and/or incident, including any 

documents pertaining to council/medical advice provided to Plaintiff to help him make an 

informed decision about his care. 

RESPONSE: See documents produced. Additionally, Defendant is in possession of medical 

records produced by Plaintiff, which are already in Plaintiff’s possession.

33. Any and all documents pertaining to any discussions, conversations or consultations that 

may have occurred regarding the risks and benefits of the proposed treatment plan for 

Plaintiff. 

RESPONSE: See documents produced. Additionally, Defendant is in possession of medical 

records produced by Plaintiff, which are already in Plaintiff’s possession.

34. Any and all documentation identifying the specific crewmembers and personnel working 

in the subject vessel’s deck department or housekeeping department responsible for 

inspection, maintaining, and repairing the subject area, including roster, timecards, 

punch-in/punch-out logs, or any similarly styled documents in defendant’s possession. 

RESPONSE: None. 

35. Information and documents relating to the ship’s position and position log. 

RESPONSE: Copies of the Bridge Log from the day of the alleged incident have been 

requested from the ship. Defendant will supplement this Response and produce same upon 

receipt.

36. Documents pertaining to the facts alleged in Plaintiff’s complaint, and any and all 

defenses asserted by the Defendant. 

RESPONSE: See documents produced. 

Case 1:20-cv-22463-FAM Document 17-3 Entered on FLSD Docket 12/09/2020 Page 8 of 11
37. Any/and all USCG Report of Marine Incident or their international equivalents in relation 

to Plaintiff, and any other documentation relating thereto. 

RESPONSE: None. 

38. Defendant’s policies and procedures for documenting passenger injury complaints in 

general, as well as specifically those made by the Plaintiff following reports of an injury.

RESPONSE: See documents produced. 

39. Defendant’s policies and procedures relating to preservation of all video and CCTV 

footage of incidents resulting in passenger personal injury; and Defendant’s policies, 

procedures, and/or operational instructions regarding the handling and care thereof. 

RESPONSE: See documents produced.

40. Any and all Reports of Marine Casualty, Commercial Diving Casualty, or OCS-Related 

Casualty that are related to Plaintiff’s incident, and all information and documents 

relating thereto. 

RESPONSE: None. 

41. For a period beginning one (1) year prior to the date of the Plaintiff’s incident to the 

present, information and documents reflecting and/or relating to the ship’s staff and 

comprehensive list of duties and responsibilities including, but not limited to, each staff 

member in command of or responsible for monitoring and/or supervising the subject area 

where Plaintiff’s incident occurred. 

RESPONSE: See documents produced. 

42. Any and all contracts between Defendant and the Plaintiff. 

RESPONSE: The ticket contract between Defendant and Plaintiff is equally available to 

Plaintiff.

43. Any and all written correspondence between Defendant and the Plaintiff. 

RESPONSE: Any written correspondence between Defendant and Plaintiff is equally 

available to Plaintiff.

44. Any and all ship’s log entries, for the subject voyage, which refer to: (a) the Plaintiff; (b) 

the subject incident. 

RESPONSE: None. 

Case 1:20-cv-22463-FAM Document 17-3 Entered on FLSD Docket 12/09/2020 Page 9 of 11
45. Any and all documents regarding the installation of the flooring located in the subject 

area on the subject vessel. 

RESPONSE: None. 

46. Any and all documents regarding any and all modifications of the subject area on the 

subject vessel. 

RESPONSE: None.

47. Any and all of Defendant’s rules, regulations, policies and/or procedures, in effect at the 

time of the subject cruise, which pertain in any way to warnings and/or instructions 

provided to passengers regarding the wet and/or slippery decks. 

RESPONSE: See documents produced.

48. Any and all of Defendant’s rules, regulations, policies and/or procedures, in effect at the 

time of the subject cruise, which pertain in any way to investigating incidents resulting in 

passenger personal injury (including but not limited to preserving evidence and/or taking 

photographs). 

RESPONSE: See documents produced.

49. Any and all of Defendant’s rules, regulations, policies and/or procedures referenced in 

Defendant’s answers to Plaintiff’s interrogatories. 

RESPONSE: See documents produced.

50. Any and all documents and/or materials, in effect on the date of the subject incident, used 

to train and/or evaluate crew members responsible for inspecting, repairing, replacing 

and/or maintaining the subject area in a reasonably safe condition, including, but not 

limited to, manuals, handbooks, company protocols, manufacturer policy 

recommendations, department regulations/guidelines, etc. 

RESPONSE: See documents produced.

51. Any and all inspection, repair, and/or maintenance personnel check-in/check-out 

sheets/logs for the subject area on the subject vessel for one year prior to the date of the 

subject incident through thirty (30) days following the subject incident. 

RESPONSE: None. 

Case 1:20-cv-22463-FAM Document 17-3 Entered on FLSD Docket 12/09/2020 Page 10 of 11
52. Any and all documents regarding the maintenance, repair, inspection and/or cleaning of 

the subject area by entities and/or individuals, including but not limited to crewmembers, 

for the past three years prior to the date of the subject incident. 

RESPONSE: None. 

53. Any and all personnel files for the crewmember(s) responsible for maintaining, repairing, 

inspecting and/or cleaning the subject area during the subject cruise. 

RESPONSE: It is no longer known who was responsible for maintaining, repairing, 

inspecting, or cleaning the subject area during the subject cruise. Therefore, none. 

54. Any and all documents regarding the verification of qualifications by, or at the direction 

of, Defendant of the crewmember(s) responsible for maintaining, repairing, inspecting 

and/or cleaning the subject area during the subject cruise. 

RESPONSE: See documents produced.

55. Any and all documents regarding the verification of qualifications by, or at the direction 

of, Defendant of the crewmember(s) responsible for instructing, overseeing, and/or 

supervising passengers traversing the subject area at the time of the subject incident. 

RESPONSE: None.

Case 1:20-cv-22463-FAM Document 17-3 Entered on FLSD Docket 12/09/2020 Page 11 of 11