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EXHIBIT “D”

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DORIS AGATHA MAYLOR VS WAL-MART STORES EAST, LP

Local Case Number: 2022-013514-CA-01 Filing Date: 07/21/2022

State Case Number: 132022CA013514000001 Judicial Section: CA04

Consolidated Case No.: N/A Case Type: Comm Premises Liability

Case Status: OPEN

 Parties

Total Of Parties: 2 

Party Description Party Name Attorney Information Other Attorney(S)

Plaintiff MAYLOR, DORIS AGATHA B#:  (Bar Number)92229

N:  (Attorney Name)Abel, Evan S

Defendant WAL-MART STORES EAST, LP

 Hearing Details Total Of Hearings: 0 

 Dockets Total Of Dockets: 15 

Number Date Book/Page

Docket

Entry

Event

Type Comments



15 08/25/2022 Answer and

Demand for

Jury Trial

Event



14 08/22/2022 Motion for

Extension of

Time

Event



13 08/15/2022 Email Notice: Event SERVICE@LGPLAW.COM



12 08/15/2022 Notice of

Appearance

Event



11 08/09/2022 Service

Returned

Event

07/28/2022 20 Day

Summons

Issued

Service



10 07/28/2022 ESummons

20 Day

Issued

Event RE: INDEX # 8.

Parties: WAL-MART STORES EAST LP 

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Number Date Book/Page

Docket

Entry

Event

Type Comments

9 07/28/2022 Receipt: Event RECEIPT#:3000044 AMT PAID:$10.00 NAME:ABEL, EVAN S 9150 S

DADELAND BLVD STE 1400 MIAMI FL 33156-7855 COMMENT:

ALLOCATION CODE QUANTITY UNIT AMOUNT 3139-SUMMONS ISSUE

FEE 1 $10.00 $10.00 TENDER TYPE:EFILINGS TENDER AMT:$10.00 RECEIPT

DATE:07/28/2022 REGISTER#:300 CASHIER:EFILINGUSER

7 07/23/2022 Receipt: Event RECEIPT#:3060126 AMT PAID:$401.00 NAME:ABEL, EVAN S 9150 S

DADELAND BLVD STE 1400 MIAMI FL 33156-7855 COMMENT:

ALLOCATION CODE QUANTITY UNIT AMOUNT 3100-CIRCUIT FILING FEE 1

$401.00 $401.00 TENDER TYPE:EFILINGS TENDER AMT:$401.00 RECEIPT

DATE:07/23/2022 REGISTER#:306 CASHIER:EFILINGUSER



8 07/22/2022 (M) 20 Day

(C)

Summons

(Sub)

Received

Event



5 07/21/2022 Request for

Admissions

Event



4 07/21/2022 Request for

Production

Event



3 07/21/2022 Notice of

Interrogatory

Event



2 07/21/2022 Complaint Event



1 07/21/2022 Civil Cover

Sheet -

Claim

Amount

Event

General

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About Us

HARVEY RUVIN

Miami-Dade County 

Clerk of the Courts

73 W. Flagler Street

Miami, Florida 33130

305-275-1155

©2022 Clerk of the Courts. All rights reserved.



Case 1:22-cv-22782-CMA Document 1-5 Entered on FLSD Docket 09/01/2022 Page 4 of 38
- 1 -

FORM 1.997. CIVIL COVER SHEET

The civil cover sheet and the information contained in it neither replace nor supplement the filing

and service of pleadings or other documents as required by law. This form must be filed by the

plaintiff or petitioner with the Clerk of Court for the purpose of reporting uniform data pursuant

to section 25.075, Florida Statutes. (See instructions for completion.)

I. CASE STYLE

IN THE CIRCUIT/COUNTY COURT OF THE ELEVENTH JUDICIAL CIRCUIT,

IN AND FOR MIAMI-DADE COUNTY, FLORIDA

DORIS AGATHA MAYLOR

Plaintiff Case #

Judge

vs.

WAL-MART STORES EAST, LP

Defendant

II. AMOUNT OF CLAIM

Please indicate the estimated amount of the claim, rounded to the nearest dollar. The estimated amount of

the claim is requested for data collection and clerical processing purposes only. The amount of the claim

shall not be used for any other purpose. 

 ☐ $8,000 or less

☐ $8,001 - $30,000

☐ $30,001- $50,000

☐ $50,001- $75,000

☐ $75,001 - $100,000

☒ over $100,000.00

III. TYPE OF CASE (If the case fits more than one type of case, select the most

definitive category.) If the most descriptive label is a subcategory (is indented under a broader

category), place an x on both the main category and subcategory lines.

Filing # 153833131 E-Filed 07/21/2022 05:49:29 PM Case 1:22-cv-22782-CMA Document 1-5 Entered on FLSD Docket 09/01/2022 Page 5 of 38
- 2 -

CIRCUIT CIVIL

☐ Condominium

☐ Contracts and indebtedness

☐ Eminent domain

☐ Auto negligence

☒ Negligence—other

☐ Business governance

☐ Business torts

☐ Environmental/Toxic tort

☐ Third party indemnification

☐ Construction defect

☐ Mass tort

☐ Negligent security

☐ Nursing home negligence

☒ Premises liability—commercial

☐ Premises liability—residential

☐ Products liability

 ☐ Real Property/Mortgage foreclosure

☐ Commercial foreclosure

☐ Homestead residential foreclosure

☐ Non-homestead residential foreclosure

☐ Other real property actions

☐Professional malpractice

☐ Malpractice—business

☐ Malpractice—medical

☐ Malpractice—other professional

☐ Other

☐ Antitrust/Trade regulation

☐ Business transactions

☐ Constitutional challenge—statute or ordinance

☐ Constitutional challenge—proposed amendment

☐ Corporate trusts

☐ Discrimination—employment or other

☐ Insurance claims

☐ Intellectual property

☐ Libel/Slander

☐ Shareholder derivative action

☐ Securities litigation

☐ Trade secrets

☐ Trust litigation

COUNTY CIVIL

☐ Small Claims up to $8,000

☐ Civil

☐ Real property/Mortgage foreclosure 

Case 1:22-cv-22782-CMA Document 1-5 Entered on FLSD Docket 09/01/2022 Page 6 of 38
- 3 -

☐ Replevins

☐ Evictions

☐ Residential Evictions

☐ Non-residential Evictions

☐ Other civil (non-monetary)

COMPLEX BUSINESS COURT

This action is appropriate for assignment to Complex Business Court as delineated and mandated by the

Administrative Order. Yes ☐ No ☒

IV. REMEDIES SOUGHT (check all that apply):

☒ Monetary;

☐ Nonmonetary declaratory or injunctive relief;

☐ Punitive

V. NUMBER OF CAUSES OF ACTION: [ ]

(Specify)

1

VI. IS THIS CASE A CLASS ACTION LAWSUIT?

☐ yes

☒ no

VII. HAS NOTICE OF ANY KNOWN RELATED CASE BEEN FILED?

☒ no

☐ yes If “yes,” list all related cases by name, case number, and court.

VIII. IS JURY TRIAL DEMANDED IN COMPLAINT?

☒ yes

☐ no

IX. DOES THIS CASE INVOLVE ALLEGATIONS OF SEXUAL ABUSE?

☐ yes

☒ no

I CERTIFY that the information I have provided in this cover sheet is accurate to the best of

my knowledge and belief, and that I have read and will comply with the requirements of

Florida Rule of Judicial Administration 2.425.

Signature: s/ Evan Abel Fla. Bar # 092229

Attorney or party (Bar # if attorney)

Evan Abel 07/21/2022

(type or print name) Date

Case 1:22-cv-22782-CMA Document 1-5 Entered on FLSD Docket 09/01/2022 Page 7 of 38
IN THE CIRCUIT COURT OF THE 11TH 

JUDICIAL CIRCUIT IN AND FOR MIAMIDADE COUNTY, FLORIDA 

DORIS AGATHA MAYLOR, CIVIL DIVISION 

 CASE NO.: 

 Plaintiff, 

v. 

WAL-MART STORES EAST, LP, 

 Defendant. 

________________________________________/ 

COMPLAINT FOR DAMAGES AND DEMAND FOR JURY TRIAL

Plaintiff, DORIS AGATHA MAYLOR, by and through the undersigned counsel, 

hereby sues Defendant, WAL-MART STORES EAST, LP and alleges: 

1. This is an action for damages which exceeds Thirty Thousand Dollars 

($30,000.00) exclusive of interest and costs, and otherwise within this Court’s 

jurisdictional limits. 

2. At all times material hereto, Plaintiff, DORIS AGATHA MAYLOR, was and 

is a resident of Miami-Dade County, Florida, and is otherwise sui juris. 

3. At all times material hereto, Defendant, WAL-MART STORES EAST, LP, 

was and is a Foreign Limited Partnership doing business in Miami-Dade County, Florida. 

4. Venue is proper in this County in that all of the acts complained of herein 

occurred in Miami-Dade County, Florida. 

5. On or about June 13, 2020, Plaintiff, DORIS AGATHA MAYLOR, was a 

business invitee of Defendant, WAL-MART STORES EAST, LP’s premises located at 

17650 NW 2nd Ave, Miami Gardens, FL 33169. 

Filing # 153833131 E-Filed 07/21/2022 05:49:29 PM Case 1:22-cv-22782-CMA Document 1-5 Entered on FLSD Docket 09/01/2022 Page 8 of 38
Page 2 of 4

COUNT I - NEGLIGENCE CLAIM AGAINST WAL-MART STORES EAST, LP 

Plaintiff re-alleges and restates the allegations in paragraphs 1 through 5 as if fully 

set forth herein. 

6. At all times material hereto, and specifically on June 13, 2020, Defendant, 

WAL-MART STORES EAST, LP, owned, managed, controlled, operated, and/or 

maintained the premises located at 17650 NW 2nd Ave, Miami Gardens, FL 33169, 

Miami-Dade County. 

7. On or about June 13, 2020, Plaintiff, DORIS AGATHA MAYLOR, was 

lawfully in Defendant, WAL-MART STORES EAST, LP’s premises, when she slipped and 

fell due to plastic left on the floor. 

8. Defendant owed to its business invitees a duty to provide a reasonably safe 

environment. 

9. That the Defendant, its agents, servants or employees, breached its duty 

owed to the Plaintiff by negligently maintaining its premises in the following manner: 

a. By failing to maintain the floor of the premises in a reasonably safe 

condition, to wit, allowing plastic to remain on the floor, and to prevent 

dangerous conditions from occurring; and/or 

b. By failing to warn of the dangerous condition that existed at the time of 

Plaintiff’s incident; and/or 

c. Failing to place barricades or other marking devices utilized to alert 

customers such as Plaintiff of the dangerous condition that existed at the 

time of Plaintiff’s incident; and/or 

d. By failing to remove said plastic from the floor of the premises; and/or 

e. By failing to correct the hazardous condition of the premises when the 

Defendant knew or should have known that the general public visits said 

premises and specifically the Plaintiff herein; and/or 

Case 1:22-cv-22782-CMA Document 1-5 Entered on FLSD Docket 09/01/2022 Page 9 of 38
Page 3 of 4

f. Was otherwise negligent in the care, maintenance, and upkeep of the 

premises, and specifically by allowing plastic to be left on the floor of the 

premises so as to cause the Plaintiff's injury. 

10. Defendant knew or in the exercise of reasonable care should have known 

of the existence of the hazardous and dangerous condition which constituted a dangerous 

condition to Plaintiff, and the condition had existed for a sufficient length of time that 

Defendant knew or should have known of the condition and could have easily remedied 

it; and/or 

11. The hazardous and dangerous condition which constituted a dangerous 

condition to the Plaintiff occurred with such frequency that Defendant should have known 

of its existence. 

12. As a direct and proximate result of the aforementioned negligence of 

Defendant, WAL-MART STORES EAST, LP, Plaintiff, DORIS AGATHA MAYLOR, 

sustained severe, grievous and permanent injuries, physical and mental pain and 

suffering, disability, physical impairment, disfigurement, mental anguish, inconvenience, 

loss of capacity for the enjoyment of life, loss of earnings and impairment of earning 

capacity and/or permanent aggravation of a pre-existing condition, and further incurred 

hospital bills, medical bills, and/or other bills as a result of said injuries; said injuries are 

either permanent or continuing in their nature and Plaintiff, DORIS AGATHA MAYLOR 

will suffer the losses into the future. 

WHEREFORE, Plaintiff, DORIS AGATHA MAYLOR, hereby demands judgment 

for damages, costs and interest from Defendant, WAL-MART STORES EAST, LP, 

together with whatever other relief the Court deems just and appropriate. 

Case 1:22-cv-22782-CMA Document 1-5 Entered on FLSD Docket 09/01/2022 Page 10 of 38
Page 4 of 4

DEMAND FOR JURY TRIAL

Plaintiff, DORIS AGATHA MAYLOR, hereby demands trial by jury of all issues so 

triable as a matter of right. 

Dated: 7/21/2022 

RUBENSTEIN LAW, P.A. 

Attorneys for Plaintiff 

9130 S. Dadeland Blvd. 

Penthouse Suite 

Miami, FL 33156 

Phone: (305) 661-6000 

Fax: (305) 670-7555 

Email: eabel@rubensteinlaw.com 

cbarros@rubensteinlaw.com 

eservice@rubensteinlaw.com 

By: /s/ Evan S. Abel________ 

EVAN S. ABEL 

 FBN: 092229 

Case 1:22-cv-22782-CMA Document 1-5 Entered on FLSD Docket 09/01/2022 Page 11 of 38
IN THE CIRCUIT COURT OF THE 11TH 

JUDICIAL CIRCUIT IN AND FOR MIAMIDADE COUNTY, FLORIDA 

DORIS AGATHA MAYLOR, CIVIL DIVISION 

 CASE NO.: 

 Plaintiff, 

v. 

WAL-MART STORES EAST, LP, 

 Defendant. 

________________________________________/ 

PLAINTIFF’S NOTICE OF SERVING INITIAL INTERROGATORIES TO 

DEFENDANT WAL-MART STORES EAST, LP 

The Plaintiff, Doris Agatha Maylor, by and through the undersigned attorney, 

hereby gives notice of propounding Plaintiff’s Initial Interrogatories upon the Defendant, 

Wal-Mart Stores East, LP to be answered within forty-five (45) days from the date of 

service pursuant to the Florida Rules of Civil Procedure. 

I HEREBY CERTIFY that a true and correct copy of the foregoing was attached to 

the Complaint and Summons and served to the Defendant, Wal-Mart Stores East, LP. 

Dated: 7/21/2022 

RUBENSTEIN LAW, P.A. 

Attorneys for Plaintiff 

9130 S. Dadeland Blvd. 

Penthouse Suite 

Miami, FL 33156 

Phone: (305) 661-6000 

Fax: (305) 670-7555 

Email: eabel@rubensteinlaw.com 

cbarros@rubensteinlaw.com 

eservice@rubensteinlaw.com 

By: /s/ Evan S. Abel________ 

EVAN S. ABEL 

 FBN: 092229

Filing # 153833131 E-Filed 07/21/2022 05:49:29 PM Case 1:22-cv-22782-CMA Document 1-5 Entered on FLSD Docket 09/01/2022 Page 12 of 38
PLAINTIFF’S INITIAL INTERROGATORIES TO DEFENDANT, WAL-MART 

STORES EAST, LP

(If answering for another person or entity, answer with respect to that person or 

entity, unless otherwise stated.) 

1. State the full name, address and position with Defendant of the person answering 

these interrogatories. 

2. State the full name, address and position with Defendant of the person(s) who was 

responsible for the inspection, maintenance, and/or cleaning of the area where 

Plaintiff fell on June 13, 2020. 

3. State whether the Defendant, its agents, servants or employees received any 

complaints on June 13, 2020, about the condition of the area where Plaintiff fell 

prior to Plaintiff's fall on June 13, 2020. Please provide the full name(s) and 

address(es) of the person(s) who made the complaint, the date and time of the 

complaint, and the nature of the complaint. 

4. Please state whether there have been any slip and falls at the store where this 

incident occurred during the three years prior to the subject incident? If so, please 

provide: 

 (a) Number of slip and falls? 

 (b) Date of each slip and fall? 

 (c) Name, address and telephone number of each person who slipped and fell? 

 (d) Whether or not the person reported any injuries? 

 (e) Identify the condition that was reported to have caused the slip and fall (e.g. 

Water, Juice, etc.) 

5. With respect to each occurrence identified in the preceding question, please state 

the following: 

 (a) Whether Fire Rescue reported to the scene? 

 (b) Whether a claim was made against the Defendant? 

 (c) Whether a lawsuit was filed, and if so, please provide the case number? 

6. State the full name and address of each eyewitness to all or part of Plaintiff's 

incident on June 13, 2020. 

7. State the full name, address, and phone number of all persons, including 

employees, who were at or near the scene of Plaintiff's accident within one (1) hour 

before the incident on June 13, 2020. 

8. State the full name, address, and phone number of all persons, including 

employees, who arrived at the accident scene within one (1) hour after Plaintiff's 

incident on June 13, 2020. 

Case 1:22-cv-22782-CMA Document 1-5 Entered on FLSD Docket 09/01/2022 Page 13 of 38
9. State the full name, address, and phone number of each person(s) who 

investigated the facts and circumstances of Plaintiff's incident on June 13, 2020 

for you or your insurance carrier. 

10. State the full name, address, and phone number of all persons, including 

employees, who has given or provided a statement concerning Plaintiff's incident 

on June 13, 2020. 

11. If a report was made by an agent, servant or employee of the Defendant in the 

ordinary course of business with respect to Plaintiff's incident on June 13, 2020, 

state full name and address of the person who made the report, the date it was 

made and in whose custody it is. 

12. State the full name(s) and address(es) of each person(s) who is believed or known 

by you, your agents or attorneys to have any knowledge concerning any of the 

issues in this lawsuit, and specify the subject matter about which the witness has 

knowledge. 

13. Describe the frequency and times of inspections of the incident area prior to the 

incident on June 13, 2020. State the full name, address, and job title of the person 

who made the last inspection of the area where the Plaintiff's incident occurred. 

14. State the full name, address, and job title of each employee of the Defendant who 

responded to Plaintiff’s fall on June 13, 2020. 

15. State whether you have within your possession or control photographs of the 

incident scene as it existed at the time of the Plaintiff’s incident on June 13, 2020 

or any photographs of Plaintiff on June 13, 2020. If so, describe any and all such 

photographs, including the name, address, and job title of the person who took the 

photographs and the date the photographs were taken. 

16. Give a concise statement of the facts as to how you contend the Plaintiff's incident 

took place on June 13, 2020. 

17. If you contend that the Plaintiff acted in such manner as to cause or contribute to 

the incident on June 13, 2020, give a concise statement of the fact upon which you 

rely. 

18. Do you contend that any other person, entity, or corporation acted in such a 

manner so as to cause or contribute to the Plaintiff’s fall on June 13, 2020 as 

described in the Complaint? If so, please state the full name, address, telephone 

number of the other person, entity or corporation, and the basis for your contention. 

19. Describe any and all policies of insurance which you contend cover you for the 

allegations set forth in Plaintiff’s Complaint, detailing as to such policies the name 

Case 1:22-cv-22782-CMA Document 1-5 Entered on FLSD Docket 09/01/2022 Page 14 of 38
of the insurance, the number of the policy, the effective dates of the policy, the 

available limits of liability, and the name and address of the custodian of the policy. 

20. Did the Defendant have security cameras operating within the store located at 

17650 NW 2nd Ave, Miami Gardens, FL 33169, Miami-Dade County, on the date 

of the subject accident? Additionally, did the Defendant have security cameras 

operating in the area where Plaintiff’s incident on June 13, 2020 took place? If so, 

did the security cameras capture this incident as it occurred? 

21. If the answer to interrogatory #20 was yes, please provide the complete name and 

address of the individual who has the most knowledge concerning the operation, 

maintenance and preservation of the security cameras and security tapes. 

22. If the answer to interrogatory #20 is yes, does Defendant have video recording 

footage from the day of the Plaintiff’s fall on June 13, 2020, of the store and any 

video which depicts Plaintiff including the two-hour period before and after the fall? 

If so, please provide the name and address of the custodian of the tape. If a period 

before and after the fall is maintained, state how much time before and after the 

fall is recorded/maintained. If Defendant had in its possession this tape, but no 

longer has the tape, please provide the name and address of the individual with 

the most knowledge concerning what happened to the surveillance tape. 

23. Is the Defendant properly named in the style of the case? If not, please provide the 

complete and proper name of the corporate defendant and the name and address 

of the registered agent to allow the Plaintiff to properly serve the corporate 

Defendant. 

[THIS SPACE LEFT INTENTIONALLY BLANK]

Case 1:22-cv-22782-CMA Document 1-5 Entered on FLSD Docket 09/01/2022 Page 15 of 38
______________________________ 

AFFIANT 

STATE OF FLORIDA 

COUNTY OF __________) 

BEFORE ME, the undersigned authority, personally appeared 

________________________, who being duly sworn, deposes and says that the 

answers to Interrogatories attached hereto are true to the best of his/her knowledge, 

information and belief. 

SWORN TO AND SUBSCRIBED before me on this _____ day of 

_____________________, 2022. 

NOTARY PUBLIC, STATE OF FLORIDA AT LARGE 

My Commission Expires: 

Personally known: _________ 

or Produced Identification: _________ 

Type of Identification Produced: _________ 

Case 1:22-cv-22782-CMA Document 1-5 Entered on FLSD Docket 09/01/2022 Page 16 of 38
IN THE CIRCUIT COURT OF THE 11TH 

JUDICIAL CIRCUIT IN AND FOR MIAMIDADE COUNTY, FLORIDA 

DORIS AGATHA MAYLOR, CIVIL DIVISION 

 CASE NO.: 

 Plaintiff, 

v. 

WAL-MART STORES EAST, LP, 

 Defendant. 

________________________________________/ 

PLAINTIFF’S REQUEST FOR PRODUCTION TO 

DEFENDANT, WAL-MART STORES EAST, LP 

The Plaintiff, Doris Agatha Maylor, by and through the undersigned attorneys, 

hereby requests the Defendant, Wal-Mart Stores East, LP, produce for inspection and/or 

photocopying within forty-five (45) days from the date of service of this request, pursuant 

to the Florida Rules of Civil Procedure: 

1. The employee safety manual or other written document of the Defendant in 

effect on June 13, 2020 that discusses, touches, or concerns procedures 

for preventing and cleaning foreign substances such as food, liquid, etc., on 

the floor of its stores. 

2. Any and all policies and/or procedures of the Defendant in effect on June 

13, 2020 that discusses, touches, or concerns maintaining surveillance 

video footage after a slip and fall has been reported in the Defendant’s 

store. 

3. Any photographs taken by or on behalf of the Defendant that relate to the 

parties and/or scene of the alleged occurrence on June 13, 2020. 

4. Any and all statements obtained from any party in this matter concerning 

any of the issues in this lawsuit. 

5. Any and all statements obtained from any person concerning any of the 

issues in this lawsuit. 

Filing # 153833131 E-Filed 07/21/2022 05:49:29 PM Case 1:22-cv-22782-CMA Document 1-5 Entered on FLSD Docket 09/01/2022 Page 17 of 38
6. Any and all insurance policies that do or may provide coverage for any of 

Plaintiff’s claims, injuries, or damages as described in the Complaint, 

including umbrella and excess policies. 

7. Any and all surveillance or other video or recording depicting the interior 

and/or exterior of the Wal-Mart Stores East, LP, located 17650 NW 2nd Ave, 

Miami Gardens, FL 33169, Miami-Dade County, on June 13, 2020, 

including the two-hour period before the alleged incident and the two-hour 

period after the alleged incident. This request includes, but is not limited to, 

footage depicting the incident itself and any footage depicting the Plaintiff. 

8. All records, writings or other written memoranda concerning any other slip 

and falls at the store where this incident occurred, within the last three (3) 

years. 

9. All ordinances, regulations, rules, statutes, customs, practices and 

publications upon which your defenses herein, if any, are based. 

10. A list of the names and addresses (including clock-in/time records) of all 

employees employed at Wal-Mart Stores East, LP, located at 17650 NW 

2nd Ave, Miami Gardens, FL 33169, Miami-Dade County, on duty on the 

floor/area where Plaintiff fell on the day of the incident. 

11. Any and all incident reports or accident reports pertaining to the subject 

incident. 

12. A list of the names and addresses of all individuals and/or entities that were 

responsible for maintaining the area where Plaintiff fell on the day of the 

incident. 

13. All checklists, sign-off sheets, log books, etc., that show how frequently the 

area in question was inspected and/or cleaned on the day of the subject fall, 

and the one (1) month prior to the incident on June 13, 2020. 

14. A copy of any report created as a result of Plaintiff’s incident on June 13, 

2020, that was signed and/or filled out by Plaintiff. 

15. A copy of any witness statement, incident report, or other document created 

as a result of Plaintiff’s incident on June 13, 2020. 

16. A map (aerial view) of the Defendant’s store located at 17650 NW 2nd Ave, 

Miami Gardens, FL 33169, Miami-Dade County. identifying the layout of 

the store as it existed on the date of the incident. 

Case 1:22-cv-22782-CMA Document 1-5 Entered on FLSD Docket 09/01/2022 Page 18 of 38
17. A map of where surveillance cameras are placed within the store on the 

date of incident and what aisle or aisles the surveillance cameras 

depict/capture. 

18. Any document, photograph, or video, identified in your answers to 

interrogatories. 

CERTIFICATE OF SERVICE 

I HEREBY CERTIFY that a true and correct copy of the foregoing was attached to 

the Complaint and Summons and served to the Defendant, Wal-Mart Stores East, LP. 

Dated: 7/21/2022 

RUBENSTEIN LAW, P.A. 

Attorneys for Plaintiff 

9130 S. Dadeland Blvd. 

Penthouse Suite 

Miami, FL 33156 

Phone: (305) 661-6000 

Fax: (305) 670-7555 

Email: eabel@rubensteinlaw.com 

cbarros@rubensteinlaw.com 

eservice@rubensteinlaw.com 

By: /s/ Evan S. Abel________ 

EVAN S. ABEL 

 FBN: 092229 

Case 1:22-cv-22782-CMA Document 1-5 Entered on FLSD Docket 09/01/2022 Page 19 of 38
IN THE CIRCUIT COURT OF THE 11TH 

JUDICIAL CIRCUIT IN AND FOR MIAMIDADE COUNTY, FLORIDA 

DORIS AGATHA MAYLOR, CIVIL DIVISION 

 CASE NO.: 

 Plaintiff, 

v. 

WAL-MART STORES EAST, LP, 

 Defendant. 

________________________________________/ 

PLAINTIFF’S REQUEST FOR ADMISSIONS TO 

DEFENDANT, WAL-MART STORES EAST, LP 

The Plaintiff, Doris Agatha Maylor, by and through the undersigned counsel and 

pursuant to Rule 1.370, Florida Rules of Civil Procedure, requests that Defendant, WalMart Stores East, LP, admit or deny the following: 

1. Wal-Mart Stores East, LP has been properly named in the complaint (i.e. the 

complaint contains the name of the proper entity to be sued). 

2. Wal-Mart Stores East, LP has been properly served with the summons and 

complaint. 

3. This matter has been filed within the statute of limitations. 

4. Venue is proper in Miami-Dade County, Florida. 

5. Plaintiff, Doris Agatha Maylor, was lawfully on the premises at the time of her slip 

and fall on June 13, 2020. 

6. Plaintiff, Doris Agatha Maylor, was a business invitee at the time of her slip and fall 

on June 13, 2020. 

7. Plaintiff, Doris Agatha Maylor, slipped and fell in the Wal-Mart Stores East, LP, 

located at 17650 NW 2nd Ave, Miami Gardens, FL 33169, Miami-Dade County, on 

June 13, 2020. 

Filing # 153833131 E-Filed 07/21/2022 05:49:29 PM Case 1:22-cv-22782-CMA Document 1-5 Entered on FLSD Docket 09/01/2022 Page 20 of 38
8. Plaintiff, Doris Agatha Maylor, suffered injuries as a result of the fall in the WalMart Stores East, LP, located at 17650 NW 2nd Ave, Miami Gardens, FL 33169, 

Miami-Dade County, on June 13, 2020. 

9. WAL-MART STORES EAST, LP was the owner of the premise located at 17650 

NW 2nd Ave, Miami Gardens, FL 33169, Miami-Dade County. 

10. WAL-MART STORES EAST, LP was the owner of the property where the premise 

in question is located. 

11. Wal-Mart Stores East, LP has surveillance footage capturing and/or depicting the 

Plaintiff slipping and falling on June 13, 2020. 

12. Wal-Mart Stores East, LP has surveillance footage capturing and/or depicting the 

Plaintiff at Defendant’s premises on June 13, 2020. 

CERTIFICATE OF SERVICE 

I HEREBY CERTIFY that a true and correct copy of the foregoing was attached to 

the Complaint and Summons and served to the Defendant, Wal-Mart Stores East, LP 

Dated: 7/21/2022 

RUBENSTEIN LAW, P.A. 

Attorneys for Plaintiff 

9130 S. Dadeland Blvd. 

Penthouse Suite 

Miami, FL 33156 

Phone: (305) 661-6000 

Fax: (305) 670-7555 

Email: eabel@rubensteinlaw.com 

cbarros@rubensteinlaw.com 

eservice@rubensteinlaw.com 

By: /s/ Evan S. Abel________ 

EVAN S. ABEL 

FBN: 092229 

Case 1:22-cv-22782-CMA Document 1-5 Entered on FLSD Docket 09/01/2022 Page 21 of 38
IN THE CIRCUIT COURT OF THE 11TH 

JUDICIAL CIRCUIT IN AND FOR MIAMIDADE COUNTY, FLORIDA 

DORIS AGATHA MAYLOR, CIVIL DIVISION 

 CASE NO.: 2022-013514-CA-01 

 Plaintiff, 

v. 

WAL-MART STORES EAST, LP, 

 Defendant. 

________________________________________/ 

SUMMONS 

THE STATE OF FLORIDA: 

To Each Sheriff of Said State: 

YOU ARE HEREBY COMMANDED to serve this Summons and a copy of the Complaint, 

Notice of Interrogatories, Interrogatories, Request for Production and Request for Admissions in 

this action on Defendant: 

Registered Agent, CT Corporation System 

1200 South Pine Island Road 

Plantation, FL 33324 

Each Defendant is required to serve written defenses to the Complaint on Plaintiff's Attorney, to 

wit: 

Evan Abel, Esquire 

RUBENSTEIN LAW, P.A 

9130 S. Dadeland Blvd, PH 

Miami, FL 33156 

Tel: (305) 661-6000 / Fax: (305) 670-7555 

within 20 days after service of this summons on that Defendant, exclusive of the day of service, 

and to file the original of the defenses with the clerk of this court either before service on Plaintiffs' 

attorney or immediately thereafter. If a defendant fails to do so, a default will be entered against 

that defendant for the relief demanded in the complaint or petition. 

DATED ON: on this ____ day of , 2022. 

Clerk of Said Court 

BY:_________________ 

 As Deputy Clerk 

 (Court Seal)

Filing # 153896475 E-Filed 07/22/2022 03:12:09 PM Case 1:22-cv-22782-CMA Document 1-5 Entered on FLSD Docket 09/01/2022 Page 22 of 38
IN THE CIRCUIT COURT OF THE 11TH 

JUDICIAL CIRCUIT IN AND FOR MIAMIDADE COUNTY, FLORIDA 

DORIS AGATHA MAYLOR, CIVIL DIVISION 

 CASE NO.: 2022-013514-CA-01 

 Plaintiff, 

v. 

WAL-MART STORES EAST, LP, 

 Defendant. 

________________________________________/ 

SUMMONS 

THE STATE OF FLORIDA: 

To Each Sheriff of Said State: 

YOU ARE HEREBY COMMANDED to serve this Summons and a copy of the Complaint, 

Notice of Interrogatories, Interrogatories, Request for Production and Request for Admissions in 

this action on Defendant: 

Registered Agent, CT Corporation System 

1200 South Pine Island Road 

Plantation, FL 33324 

Each Defendant is required to serve written defenses to the Complaint on Plaintiff's Attorney, to 

wit: 

Evan Abel, Esquire 

RUBENSTEIN LAW, P.A 

9130 S. Dadeland Blvd, PH 

Miami, FL 33156 

Tel: (305) 661-6000 / Fax: (305) 670-7555 

within 20 days after service of this summons on that Defendant, exclusive of the day of service, 

and to file the original of the defenses with the clerk of this court either before service on Plaintiffs' 

attorney or immediately thereafter. If a defendant fails to do so, a default will be entered against 

that defendant for the relief demanded in the complaint or petition. 

DATED ON: on this ____ day of , 2022. 

Clerk of Said Court 

BY:_________________ 

 As Deputy Clerk 

 (Court Seal)

Filing # 153896475 E-Filed 07/22/2022 03:12:09 PM

7/28/2022

Harvey Ruvin,

Clerk of Courts

Case 1:22-cv-22782-CMA Document 1-5 Entered on FLSD Docket 09/01/2022 Page 23 of 38
Filing # 154947682 E-Filed 08/09/2022 11:43:47 AM Case 1:22-cv-22782-CMA Document 1-5 Entered on FLSD Docket 09/01/2022 Page 24 of 38
Case 1:22-cv-22782-CMA Document 1-5 Entered on FLSD Docket 09/01/2022 Page 25 of 38
LIEBLER, GONZALEZ & PORTUONDO

Courthouse Tower - 25th Floor, 44 West Flagler Street, Miami, FL 33130 (305) 379-0400

IN THE CIRCUIT COURT OF THE

11th JUDICIAL CIRCUIT IN AND FOR 

MIAMI COUNTY, FLORIDA 

(CIVIL DIVISION)

DORIS AGATHA MAYLOR CASE NO.: 2022-013514-CA-01

Plaintiff,

v.

WAL-MART STORES EAST, LP,

Defendant. 

/

NOTICE OF APPEARANCE

PLEASE TAKE NOTICE that the law firm LIEBLER, GONZALEZ & PORTUONDO, 

enters its appearance as counsel for WAL-MART STORES EAST, LP, in these proceedings. All 

parties are requested to take notice of the appearance of undersigned counsel and to serve all copies 

of any and all motions, orders, pleadings, papers, reports, and/or documents of any kind or nature 

upon the undersigned counsel. 

Respectfully submitted,

LIEBLER, GONZALEZ & PORTUONDO

Attorneys for Defendant

Courthouse Tower - 25th Floor

44 West Flagler Street

Miami, FL 33130

(305) 379-0400

service@lgplaw.com

By: /s/ Christine M. Manzo 

CHRISTINE M. MANZO

Florida Bar No. 52121

AMANDA J. PHILLIPS 

Florida Bar No. 111701

NICHOLAS G. NEVILLE

Florida Bar No. 123893

Filing # 155296831 E-Filed 08/15/2022 10:38:32 AM Case 1:22-cv-22782-CMA Document 1-5 Entered on FLSD Docket 09/01/2022 Page 26 of 38
CASE NO.: 2022-013514-CA-01

2

LIEBLER, GONZALEZ & PORTUONDO

Courthouse Tower - 25th Floor, 44 West Flagler Street, Miami, FL 33130 (305) 379-0400

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on this 15th day of August, 2022, I electronically filed the 

foregoing with the Clerk of Courts by using the Florida Courts E-filing Portal which will send a 

notice of electronic filing to the following: Evan S. Abel (cbarros@rubensteinlaw.com; 

eservice@rubensteinlaw.com) Rubenstein Law P.A., Attorneys for Plaintiff, 9130 S. Dadeland 

Blvd, Penthouse Suite, Miami, FL 33156.

/s/ Christine M. Manzo 

CHRISTINE M. MANZO 

Case 1:22-cv-22782-CMA Document 1-5 Entered on FLSD Docket 09/01/2022 Page 27 of 38
LIEBLER, GONZALEZ & PORTUONDO

Courthouse Tower - 25th Floor, 44 West Flagler Street, Miami, FL 33130 (305) 379-0400

IN THE CIRCUIT COURT OF THE

11th JUDICIAL CIRCUIT IN AND FOR 

MIAMI COUNTY, FLORIDA 

(CIVIL DIVISION)

DORIS AGATHA MAYLOR CASE NO.: 2022-013514-CA-01

Plaintiff,

v.

WAL-MART STORES EAST, LP 

Defendants. 

/

DESIGNATION OF E-MAIL ADDRESSES PURSUANT TO RULE 2.516

The undersigned law firm hereby designates, pursuant to Rule 2.516, the following e-mail 

address for the purpose of service of all documents required to be served pursuant to Rule 2.516 

in this proceeding:

Primary E-Mail Address: service@lgplaw.com

Secondary E-Mail Addresses:cmm@lgplaw.com ajp2@lgplaw.com ngn@lgplaw.com

ars@lgplaw.com

Respectfully submitted,

LIEBLER, GONZALEZ & PORTUONDO

Attorneys for Defendants

Courthouse Tower - 25th Floor

44 West Flagler Street

Miami, FL 33130

(305) 379-0400

service@lgplaw.com

By: /s/ Christine M. Manzo 

CHRISTINE M. MANZO

Florida Bar No. 52121

AMANDA J. PHILLIPS 

Florida Bar No. 111701

NICHOLAS G. NEVILLE

Florida Bar No. 123893

Filing # 155296831 E-Filed 08/15/2022 10:38:32 AM Case 1:22-cv-22782-CMA Document 1-5 Entered on FLSD Docket 09/01/2022 Page 28 of 38
CASE NO.: 2022-013514-CA-01

2

LIEBLER, GONZALEZ & PORTUONDO

Courthouse Tower - 25th Floor, 44 West Flagler Street, Miami, FL 33130 (305) 379-0400

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on this 15th day of August, 2022, I electronically filed the 

foregoing with the Clerk of Courts by using the Florida Courts E-filing Portal which will send a 

notice of electronic filing to the following: Evan S. Abel (cbarros@rubensteinlaw.com; 

eservice@rubensteinlaw.com) Rubenstein Law P.A. Attorneys for Plaintiff, 9130 S. Dadeland 

Blvd, Penthouse Suite, Miami, FL 33156.

/s/ Christine M. Manzo 

CHRISTINE M. MANZO 

Case 1:22-cv-22782-CMA Document 1-5 Entered on FLSD Docket 09/01/2022 Page 29 of 38
LIEBLER, GONZALEZ & PORTUONDO

Courthouse Tower - 25th Floor, 44 West Flagler Street, Miami, FL 33130 (305) 379-0400

IN THE CIRCUIT COURT OF THE

11th JUDICIAL CIRCUIT IN AND FOR 

MIAMI COUNTY, FLORIDA 

(CIVIL DIVISION)

DORIS AGATHA MAYLOR CASE NO.: 2022-013514-CA-01

Plaintiff,

v.

WAL-MART STORES EAST, LP 

Defendants. 

/

DEFENDANT’S MOTION FOR EXTENSION OF TIME TO

RESPOND TO PLAINTIFF’S COMPLAINT

COMES NOW, Defendant, WAL-MART STORES EAST, LP (“Defendant”), through 

undersigned counsel, respectfully requests the Court to enter an order extending the time allowed 

for Defendant to respond to Plaintiff’s Complaint for a reasonable period of time, and states as 

grounds:

On August 2, 2022, Plaintiff served its Complaint onto Defendant. In order to evaluate the 

factual allegations stated in the Complaint, research their records, and determine the circumstances 

involved, Defendant requires additional time to respond to Plaintiff’s Complaint. Due to time 

constraints, undersigned counsel has not been able to contact the counsel for Plaintiff in order to 

determine her position with respect to the foregoing Motion. The foregoing motion is filed in good 

faith and not for dilatory or other improper purpose. 

WHEREFORE, Defendant, WAL-MART STORES EAST, LP, respectfully requests that 

this Court enter an order granting an extension of time to respond to Plaintiff’s Complaint, as well 

as any other further relief that this Court may deem just and proper. 

Filing # 155866996 E-Filed 08/22/2022 11:24:50 PM Case 1:22-cv-22782-CMA Document 1-5 Entered on FLSD Docket 09/01/2022 Page 30 of 38
CASE NO.: 2022-013514-CA-01

2

LIEBLER, GONZALEZ & PORTUONDO

Courthouse Tower - 25th Floor, 44 West Flagler Street, Miami, FL 33130 (305) 379-0400

Respectfully submitted,

LIEBLER, GONZALEZ & PORTUONDO

Attorneys for Defendants

Courthouse Tower - 25th Floor

44 West Flagler Street

Miami, FL 33130

(305) 379-0400

service@lgplaw.com

By: /s/ Amanda J. Phillips

CHRISTINE M. MANZO

Florida Bar No. 52121

AMANDA J. PHILLIPS 

Florida Bar No. 111701

NICHOLAS G. NEVILLE

Florida Bar No. 123893

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on this 22nd day of August, 2022, I electronically filed the 

foregoing with the Clerk of Courts by using the Florida Courts E-filing Portal which will send a 

notice of electronic filing to the following: Evan S. Abel (cbarros@rubensteinlaw.com; 

eservice@rubensteinlaw.com) Rubenstein Law P.A. Attorneys for Plaintiff, 9130 S. Dadeland 

Blvd, Penthouse Suite, Miami, FL 33156.

/s/ Amanda J. Phillips

AMANDA J. PHILLIPS

Case 1:22-cv-22782-CMA Document 1-5 Entered on FLSD Docket 09/01/2022 Page 31 of 38
LIEBLER GONZALEZ & PORTUONDO

Courthouse Tower, 25th Floor 44 West Flagler Street, Miami, FL 33130 (305) 379-0400

IN THE CIRCUIT COURT OF THE

11TH JUDICIAL CIRCUIT IN AND FOR

MIAMI-DADE COUNTY, FLORIDA

(CIVIL DIVISION)

DORIS AGATHA MAYLOR, CASE NO.: 2022-013514-CA-01

Plaintiff,

v.

WAL-MART STORES EAST, LP,

Defendant.

/

WAL-MART STORES EAST, LP’S ANSWER AND 

AFFIRMATIVE DEFENSES TO COMPLAINT

Defendant, WAL-MART STORES EAST, LP (“Defendant”), through undersigned 

counsel, files its Answer and Affirmative Defenses to Plaintiff’s, DORIS AGATHA MAYLOR

(“Plaintiff”), Complaint, denies all allegations not specifically admitted herein and states the 

following:

COMPLAINT FOR DAMAGES AND DEMAND FOR JURY TRIAL

1. Defendant admits that Plaintiff is seeking damages in excess of $30,000.00, but 

denies that Plaintiff is entitled to any damages, let alone a sum in excess of $30,000.00.

2. Defendant admits that Plaintiff alleges that she is a resident of Miami-Dade County, 

Florida. 

3. Defendant admits that it is a foreign limited partnership with its principal place of 

business in Arkansas. 

4. Paragraph 4 calls for a legal conclusion and no response is required. To the extent 

that a response is required, Defendant admits that Plaintiff alleges that the incident occurred in 

Miami-Dade County, Florida. 

Filing # 156095631 E-Filed 08/25/2022 11:36:02 AM Case 1:22-cv-22782-CMA Document 1-5 Entered on FLSD Docket 09/01/2022 Page 32 of 38
CASE NO.: 2022-013514-CA-01

2

LIEBLER GONZALEZ & PORTUONDO

Courthouse Tower, 25th Floor 44 West Flagler Street, Miami, FL 33130 (305) 379-0400

5. Paragraph 5 calls for a legal conclusion and no response is required. To the extent 

that a response is required, Defendant states that it lacks knowledge or information sufficient to 

form a belief as to the truth of the allegations, and therefore, denies the allegations in Paragraph 5 

of the Complaint and demands strict proof thereof.

COUNT I - NEGLIGENCE CLAIM AGAINST WAL-MART STORES EAST, LP

Defendant re-affirms and reveres its responses to the proceeding paragraphs.

6. Defendant admits that it owned, and still owns, the subject property. 

7. In response to the allegations in Paragraph 7 of the Complaint, Defendant states 

that it lacks knowledge or information sufficient to form a belief as to the truth of the allegations, 

and therefore, denies the allegations in Paragraph 7 of the Complaint and demands strict proof 

thereof.

8. Defendant denies the allegations in Paragraph 8 of the Complaint, and demands 

strict proof thereof.

9. Defendant denies the allegations in Paragraph 9(a)-(f) of the Complaint, and 

demands strict proof thereof.

10. Defendant denies the allegations in Paragraph 10 of the Complaint, and demands 

strict proof thereof.

11. Defendant denies the allegations in Paragraph 11 of the Complaint, and demands 

strict proof thereof.

12. Defendant denies the allegations in Paragraph 12 of the Complaint, and demands 

strict proof thereof.

Case 1:22-cv-22782-CMA Document 1-5 Entered on FLSD Docket 09/01/2022 Page 33 of 38
CASE NO.: 2022-013514-CA-01

3

LIEBLER GONZALEZ & PORTUONDO

Courthouse Tower, 25th Floor 44 West Flagler Street, Miami, FL 33130 (305) 379-0400

AFFIRMATIVE DEFENSES

1. No Duty. Defendant did not owe any duty to Plaintiff.

2. No Breach of Duty. While denying all the allegations of the Complaint regarding 

liability, injuries and damages allegedly sustained by Plaintiff, to the extent that Plaintiff may be 

able to prove any such damages, such damages, if any, arose out of some event or exposure over 

which Defendant had no control or right to control. At all times relevant thereto, the allegedly 

dangerous condition referred to by Plaintiff in the Complaint, was neither created by Defendant 

nor did said condition exist upon the premises for a sufficient length of time that Defendant should 

have discovered said condition and corrected it or warned Plaintiff as to the existence of said 

condition. Therefore, Defendant did not breach any duty owed to Plaintiff.

3. Reasonableness. Defendant acted in a reasonable manner under the 

circumstances.

4. Comparative Negligence. If Plaintiff sustained damages by reason of the matters 

alleged in the Complaint, and said damages were caused in whole or in part by Plaintiff’s own 

negligence, then Plaintiff is subject to the doctrine of comparative negligence, where Plaintiff’s 

recovery will be diminished by an amount equal to Plaintiff’s negligence, pursuant to Fla. Stat. 

§768.81. In a negligence action, contributory fault chargeable to the claimant diminishes 

proportionately the amount awarded as economic and noneconomic damages for an injury 

attributable to the claimant's contributory fault, but does not bar recovery. §768.81(2), Fla. Stat.; 

see also Hoffman v. Jones, 280 So. 2d. 431 (Fla. 1973). Accordingly, Defendant is entitled to the 

procedures, protections, and benefits of §768.81, and asserts that all damages should be 

apportioned based upon the fault of any and all persons and/or entities who may be at fault for 

Plaintiff’s alleged damages, if any. 

Case 1:22-cv-22782-CMA Document 1-5 Entered on FLSD Docket 09/01/2022 Page 34 of 38
CASE NO.: 2022-013514-CA-01

4

LIEBLER GONZALEZ & PORTUONDO

Courthouse Tower, 25th Floor 44 West Flagler Street, Miami, FL 33130 (305) 379-0400

5. Nonparty Negligence. Under §768.81, Fla. Stat., in a negligence action, the court 

shall enter judgment against each party liable based on such party's percentage of fault and not 

based on the doctrine of joint and several liability. §768.81(3), Fla. Stat.; see also Fabre v. Marin, 

623 So. 2d 1182 (Fla. 1993). Defendant is only responsible for its relative degree of culpability 

as determined by the trier of fact, pursuant to §768.81, Fla. Stat., and the Fabre doctrine.

6. Failure to Use Reasonable Care. If Plaintiff sustained damages as alleged in the 

Complaint, then Plaintiff failed and neglected to use reasonable care to protect himself, and to 

minimize and mitigate the losses and damages.

7. Assumption of Risk. Plaintiff knew of the existence of the danger complained of, 

realized and appreciated the possibility of injury, and having a reasonable opportunity to avoid 

it, voluntarily exposed himself to the danger.

8. Plaintiff Had Actual or Constructive Knowledge. Plaintiff had actual or 

constructive knowledge of the allegedly dangerous condition, which was equal to or greater than 

Defendant’s knowledge of said condition, wherefore and under these circumstances, Defendant 

is not liable.

9. Open and Obvious Peril. The condition that Plaintiff complains of in the 

Complaint was open and obvious. Therefore, Defendant did not have a duty to warn Plaintiff. 

10. Superseding Cause. Plaintiff’s alleged damages, if any, resulted from new and 

independent, unforeseeable, superseding, and/or intervening causes unrelated to any conduct of 

Defendant.

11. Proximate Cause. While denying all of the allegations of Plaintiff’s Complaint 

regarding liability, injury, and damages allegedly sustained by Plaintiff, Defendant states that to 

the extent that Plaintiff may be able to prove any negligence or fault on the part of Defendant, it 

Case 1:22-cv-22782-CMA Document 1-5 Entered on FLSD Docket 09/01/2022 Page 35 of 38
CASE NO.: 2022-013514-CA-01

5

LIEBLER GONZALEZ & PORTUONDO

Courthouse Tower, 25th Floor 44 West Flagler Street, Miami, FL 33130 (305) 379-0400

was not the proximate cause of any of the damages at issue in the Complaint.

12. Failure to Mitigate Damages. Plaintiff has failed to mitigate, minimize, or avoid 

all or a portion of the damages which comprise Plaintiff’s claims.

13. Failure to State Cause of Action. Plaintiff’s Complaint fails to state a cause of 

action.

14. Set-Off. Defendant is entitled to a set-off for any collateral source payment, as 

expressed in §768.76, Fla. Stat., that has been paid or are payable to or on behalf of Plaintiff, 

including a set off of any contractual discount of medical bills or expenses, negotiated write off 

of medical bills or expenses, or negotiated agreement to pay medical bills or other expenses in 

the future pursuant to the law of collateral source setoffs and Goble v. Frohman, 848 So. 2d 406 

(Fla. 2d DCA 2003). Alternatively, Plaintiff is not entitled to claim bills, costs or expenses 

assessed but waived or not actually incurred by Plaintiff.

15. Release of Claim. To the extent Plaintiff has signed any release or covenant not 

to sue, or accepted any money or consideration from any person, firm or entity with regard to the 

alleged incident, Defendant is entitled to the benefit thereof, such that Defendant’s liability or 

responsibility for any damages determined by a jury, if any, is reduced or extinguished thereby.

16. Defendant Did Not Have Actual or Constructive Knowledge. Defendant had 

no actual or constructive knowledge of the conditions that Plaintiff complains of.

17. Damages. Without otherwise admitting to the validity of the allegations set forth 

in the Complaint, Defendant asserts that Plaintiff cannot recover for medical expenses where 

Plaintiff failed to prove the reasonableness and necessity of the purported medical expenses 

and/or that said medical expenses are related to the alleged incident.

Case 1:22-cv-22782-CMA Document 1-5 Entered on FLSD Docket 09/01/2022 Page 36 of 38
CASE NO.: 2022-013514-CA-01

6

LIEBLER GONZALEZ & PORTUONDO

Courthouse Tower, 25th Floor 44 West Flagler Street, Miami, FL 33130 (305) 379-0400

18. Collateral Sources. Without otherwise admitting the validity of the allegations 

set forth in the Complaint, Defendant asserts that Plaintiff was the recipient of benefits from 

private health insurance and/or collateral sources and, therefore, Defendant is entitled to a set-off 

or a reduction of such sums received against any amount of verdict award that may be entered 

against Defendant. Plaintiff should not be entitled to recover any damages which would have 

been avoided had Plaintiff, or any medical provider who accepted assignment, mitigated same by 

submitting any bills for payment to health insurance or benefits, which would have resulted in 

reductions of amounts due.

19. Any Alleged Damages to be Reduced to Actual Cost of Care. Without 

otherwise admitting the validity of the allegations set forth in the Complaint, Defendant asserts 

that medical benefits of private insurance carriers and/or government benefits (including but not 

limited to Medicare, Medicaid or other government entity benefit) should limit the amount that a 

plaintiff can board at trial to that amount which accurately reflects the actual cost of care, e.g. the 

amount of any lien, less any contractual reductions and/or write downs taken by any health 

insurance carrier or government health benefits. Defendant asserts a right of reduction and that it 

is improper to provide a jury with factually incorrect evidence upon which they are to base their 

verdict.

Defendant reserves the right to add more affirmative defenses as discovery is ongoing.

WHEREFORE, Defendant, WAL-MART STORES EAST, LP, demands judgment in 

its favor and against Plaintiff, DORIS AGATHA MAYLOR, and for any other or further relief 

this Court deems just and proper.

DEMAND FOR JURY TRIAL

Defendant, WAL-MART STORES EAST, LP, demands trial by jury of all issues by right 

so triable.

Case 1:22-cv-22782-CMA Document 1-5 Entered on FLSD Docket 09/01/2022 Page 37 of 38
CASE NO.: 2022-013514-CA-01

7

LIEBLER GONZALEZ & PORTUONDO

Courthouse Tower, 25th Floor 44 West Flagler Street, Miami, FL 33130 (305) 379-0400

Respectfully submitted,

Liebler Gonzalez & Portuondo

Attorneys for Defendant 

Courthouse Tower

25th Floor 44 West Flagler Street

Miami, FL 33130

(305) 379-0400

service@lgplaw.com

By: /s/ Christine M. Manzo

CHRISTINE M. MANZO

Florida Bar No. 52121

AMANDA J. PHILLIPS

Florida Bar No. 111701

NICHOLAS G. NEVILLE

Florida Bar No. 123893

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on this 25th day of August, 2022, I electronically filed the 

foregoing with the Clerk of Courts by using the Florida Courts E-filing Portal which will send a 

notice of electronic filing to the following: EVAN S. ABEL, (eabel@rubensteinlaw.com), 

RUBENSTEIN LAW, P.A., Attorneys for Plaintiff, 9130 S. Dadeland Blvd., Miami, FL 33156.

/s/ Christine M. Manzo

CHRISTINE M. MANZO

Case 1:22-cv-22782-CMA Document 1-5 Entered on FLSD Docket 09/01/2022 Page 38 of 38