[System]
You are a lawyer with 10 years of experience. Based on the complaint, create up to 20 questions for the defendant.

The questions should follow the format and style of this example response to a car accident complaint:
1. All photographs, diagrams, or other printed or written material describing or attempting to describe the scene of the accident alleged in the Complaint, or any person described in the Complaint.
2. Documentation substantiating health insurance coverage available to Plaintiff on the date of the accident sued upon.
3. Any cellular phones or other mobile communication system telephone bills, invoices, statements, itemized accounts, or other data compilation for the equipment owned or used by Plaintiffs for the months relevant to the incident.
4. Any and all films, diagnostic tests, MRIs, X-rays, storage devices, digital images, intra-operative photographs, and/or data compilations from which information can be obtained.
5. If a claim is made for lost wages and/or loss of earning capacity in the future, provide specific documentation like Federal Income Tax Returns and W-2 Forms.

Be specific, detailed and relevant to the complaint's allegations. Avoid generic requests for "all documents" or "all evidence". Each question should request specific items, time periods, or information directly related to the complaint's claims.

[User] IN THE CIRCUIT COURT OF THE 15th JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA DJINNEE O. GUNNING, Case No: Judge: Plaintiff(s), vs. UNITED SERVICES AUTOMOBILE ASSOCIATION and SARAH B. SMITH Defendant(s). _____ ________ _______ _______ / **COMPLAINT** Plaintiff, DJINNEE O. GUNNING, by and through undersigned counsel, sues the Defendants, SARAH B. SMITH and UNITED SERVICES AUTOMOBILE ASSOCIATION, and alleges: **GENERAL** **ALLEGATIONS** This Is a claim for damages that exceeds fifteen thousand dollars ($15, 000. 00). Plaintiff, DJINNEE O. GUNNING, at all times relevant herein, is over the age of eighteen years, sui juris, and a resident of Palm Beach County, Florida. Defendant, SARAH B. SMITH, at all times relevant herein, is over the age of eighteen years, sui juris and a resident of Palm Beach County, Florida. Defendant, UNITED SERVICES AUTOMOBILE ASSOCIATION, is a foreign corporation with offices located in Palm Beach County, Florida, where it maintains sales agents, adjusters, insurance policy writers and insures risks of loss that result to policy holders who entered into a policy of automobile insurance and who resided within Palm Beach County, Florida at the time the policies were issued. At all ----- times relevant and material herein, Defendant, UNITED SERVICES AUTOMOBILE ASSOCIATION, issued and provided a policy of automobile insurance to Plaintiff, DJINNEE O. GUNNING, where such policy offered underinsured/uninsured motorist benefits. The cause of actions complained of herein occurred in Palm Beach County, Florida. **COUNT** **I** **NEGLIGENCE** The Plaintiff, DJINNEE O. GUNNING, reavers and realleges each and every allegation contained in paragraphs one (1) through three (3) and five (5) above as ## if fully set forth herein. On or about May 13, 2013, Defendant, SARAH B. SMITH, was operating a vehicle owned by her on Military Trail at or near its intersection with Burns Road, City ## of Palm Beach Gardens, Palm Beach County, Florida. At said time, Defendant, SARAH B. SMITH, carelessly and negligently operated and/or maintained said vehicle and collided into the vehicle Plaintiff, DJINNEE O. GUNNING, was operating. As a result of the negligence of Defendant, SARAH B. SMITH, the Plaintiff, DJINNEE O. GUNNING, suffered bodily injury that is permanent within a reasonable degree of medical probability, resulting pain and suffering, disability, disfigurement, mental anguish, lost wages, loss of capacity for the enjoyment of life, inconvenience, expense of hospitalization, medical and nursing care and treatment, loss of earnings, and loss of ability to earn money and aggravation of a preexisting condition. These losses are either permanent or continuing and the Plaintiff will suffer these losses ----- in the future. Plaintiffs vehicle was damaged and he/she lost the use of it during the period required for its repair or replacement WHEREFORE, Plaintiff, DJINNEE O. GUNNING, demands judgment against the Defendant, SARAH B. SMITH, for damages in excess of Fifteen Thousand Dollars ($15, 000. 00), plus costs incurred herein and any other relief this court deems fit and proper. **COUNT** **TWO** **CLAIM** **FOR** **UNDERINSURED/UNINSURED** **MOTORIST** **AS** **TO** **UNITED** **SERVICES** **AUTOMOBILE** **ASSOCIATION** Plaintiff re-alleges, re-adopts and incorporates paragraphs one (1) through five (5) above as if fully set forth herein. This is an action for underinsured/uninsured motorist benefits pursuant to Section 627. 727, Florida Statutes. At all times relevant and material herein, Defendant, UNITED SERVICES AUTOMOBILE ASSOCIATION, maintained and provided a policy of automobile insurance containing an endorsement for underinsured/uninsured motorist benefits issued to the Plaintiff, DJINNEE O. GUNNING, Policy Number 00064 72 82U 7104 3 Notice of a claim arising out of and directly related to the motor vehicle crash of May 13, 2013 was presented to the Defendant, UNITED SERVICES AUTOMOBILE ASSOCIATION. Plaintiff is not in possession of the contract/policy of insurance, but it is readily available to and in the possession of the Defendant, UNITED SERVICES AUTOMOBILE ASSOCIATION. Pursuant to the provisions of the contract/policy of insurance, Defendant, UNITED SERVICES AUTOMOBILE ASSOCIATION, is obligated to pay the Plaintiff, ----- DJINNEE O. GUNNING, for the damages recoverable to her as a direct and proximate result of the negligence of Defendant, SARAH B. SMITH. As a result, Plaintiff, DJINNEE O. GUNNING, suffered bodily injury and resulting pain and suffering, disability, disfigurement, mental anguish, loss of capacity for the enjoyment of life, expense of hospitalization, medical, nursing, and professional health care treatment, loss of earnings, loss of ability to earn money, and aggravation of a previously existing condition. The losses are either permanent or continuing, and plaintiff will suffer the losses in the future. Plaintiff’s motor vehicle was damaged and she lost the use of it during the time required for its repair or replacement. WHEREFORE, Plaintiff, DJINNEE 0. GUNNING, demands judgment against Defendant, UNITED SERVICES AUTOMOBILE ASSOCIATION, for damages in excess of Fifteen Thousand Dollars ($15, 000. 00), plus costs incurred herein and any other relief this court deems fit and proper. **DEMAND** **FOR** **TRIAL** **BY** **JURY** The Plaintiff, DJINNEE O. GUNNING, hereby demands a trial by jury of all issues so triable. LITTKY, SMITH, PHIPPS & CASAS, P. A. Suite 800, Citizens Building 105 South Narcissus Avenue West Palm Beach, Florida 33401 (561) 655-8444/ office / (561) 655-5028 fax (800) 519-1965 toll free Discovery e-m? II: [lspc. discovery@lspcinjury. com](mailto:lspc. discovery@lspcinjury. com) BY:_______ ALEJAN G. CASAS, Esq. Florida Bhrllo. : 0914398 -----

[Assistant] IN THE CIRCUIT COURT OF THE 15th JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA DJINNEE 0. GUNNING, Case No: Plaintiff(s), vs. UNITED SERVICES AUTOMOBILE ASSOCIATION and SARAH B. SMITH Defendant(s). #. / **PLAINTIFF’S** **FIRST** **REQUEST** **TO** **PRODUCE** **TO** **DEFENDANT, ** **SARAH** **B. ** **SMITH** Plaintiff, by and through undersigned counsel, and pursuant to Rule 1. 350, Florida Rules of Civil Procedure, request the Defendant, SARAH B. SMITH, to produce and permit the Plaintiff(s) to inspect and/or copy the following documents and items hereinafter enumerated, at the offices of undersigned counsel. Inspection will be made by visual observation, examination and/or copying. Copies of any and all communications, writings, recordings, memorandums, notes, depositions, written statements, transcripts, recorded statements (audio and/or video) and all other materials reflecting statements made by the Plaintiff relative to the subject incident. Copies of any and all communications, writings, recordings, memorandums, notes, depositions, written statements, #### transcripts, recorded statements (audio and/or video) and all other materials reflecting statements made by this Defendant relative to the subject incident. Copies of any and all communications, writings, recordings, memorandums, notes, depositions, written statements, #### transcripts, recorded statements (audio and/or video) and all other materials reflecting statements made by any witnesses relative to the subject incident. Color copies of any and all photographs and/or video of the scene of the incident, the vehicles involved and the parties involved. ----- Certified copy of any applicable liability insurance contracts and/or policies including any excess coverage and all declaration sheets relative thereto. Copies of any and all documents which evidence property damage to the defendant's vehicle involved in the incident which is the subject matter of this lawsuit, Copies of any and all documents which evidence property damage to the vehicle operated by the Plaintiff involved in the incident which is the subject matter of this lawsuit. Copies (front and back) of all driver’s licenses presently issued to this defendant. Copies (front and back) of the vehicle registration certificate and/or title to the defendant’s vehicle which was involved in the incident which is the subject matter of this lawsuit. Copies of any and all cellular phone bills for any cellular telephone assigned to, owned or used by this defendant on theof the subject incident. A copy of any and all citations, infractions, statutory #### violations or ordinance violations issued to Defendant as a result of the subject incident as well as any documentation regarding the final disposition of same. A copy of the Traffic Accident Report for the subject automobile incident. Copies of any and all Traffic Accident Reports for any and all automobile collisions that this Defendant has been involved in within the three (3) year period prior to the subject collision. Copies of any and all traffic or other Court transcripts and/or video regarding the subject matter of the instant litigation. Copies of all reports, evaluations, recommendations and/or analysis submitted by any Defendant’s expert witnesses regarding the subject incident and/or the Plaintiff’s injuries and/or damages sustained as a result of the subject incident. I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished with the complaint via service of process on the above named defendant. ----- LITTKY, SMITH, PHIPPS & CASAS P. A. Suite 800, Citizens Building 105 South Narcissus Avenue West Palm Beach, Florida 33401 (561) 655-8444 office / (561) 655-5028 fax (800) 519-1965 *)ll free Discovery E-MaiB [lsDc. discoverv@lspciniurv. com](mailto:lsDc. discoverv@lspciniurv. com) BY:_________ Ji! ' 1 #### Alejandro/Glltasas, Esq. Florida Bar Nfo. : 0914398 -----


[System]
You are a lawyer with 10 years of experience. Based on the complaint, create up to 20 questions for the defendant.

The questions should follow the format and style of this example response to a car accident complaint:
1. All photographs, diagrams, or other printed or written material describing or attempting to describe the scene of the accident alleged in the Complaint, or any person described in the Complaint.
2. Documentation substantiating health insurance coverage available to Plaintiff on the date of the accident sued upon.
3. Any cellular phones or other mobile communication system telephone bills, invoices, statements, itemized accounts, or other data compilation for the equipment owned or used by Plaintiffs for the months relevant to the incident.
4. Any and all films, diagnostic tests, MRIs, X-rays, storage devices, digital images, intra-operative photographs, and/or data compilations from which information can be obtained.
5. If a claim is made for lost wages and/or loss of earning capacity in the future, provide specific documentation like Federal Income Tax Returns and W-2 Forms.

Be specific, detailed and relevant to the complaint's allegations. Avoid generic requests for "all documents" or "all evidence". Each question should request specific items, time periods, or information directly related to the complaint's claims.

[User] IN THE CIRCUIT COURT OF THE 15[TH ]JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA CIVIL DIVISION SAMANTHA RICHTER, as Personal Representative of the Estate of JANET KREINDEL, Plaintiff, vs. BOCA REGENTS OPCO, LLC d/b/a THE LEGACY AT BOCA RATON REHABILITATION AND NURSING CENTER, Defendant / **COMPLAINT** COMES NOW, the Plaintiff, SAMANTHA RICHTER, as Personal Representative of the Estate of JANET KREINDEL, Deceased, by and through her undersigned counsel, and hereby sues Defendant, BOCA REGENTS OPCO, LLC d/b/a THE LEGACY AT BOCA RATON REHABILITATION AND NURSING CENTER, and alleges: This action is within the jurisdiction of this court for damages in excess of Fifty Thousand and 00/100 Dollars ($50, 000. 00), exclusive of interest and costs. At all times material to this cause of action, JANET KREINDEL was an adult resident of Palm Beach County, Florida. At all times material hereto, JANET KREINDEL was a person who was suffering from the infirmities of aging to the extent that she was impaired in her ability to adequately provide for her own care and protection. ----- Page 2 JANET KREINDEL died on April 29[th], 2024. At all times material to this action, SAMANTHA RICHTER is the duly appointed personal representative of the Estate of JANET KREINDEL. At all times material hereto, Defendant, BOCA REGENTS OPCO, LLC, was licensed and authorized to do business as a nursing home in Florida. The Defendant was in the business of owning, managing and maintaining nursing homes and related healthcare facilities, including THE LEGACY AT BOCA RATON REHABILITATION AND NURSING CENTER, located in Palm Beach County, Florida. At all times material hereto, Defendant, BOCA REGENTS OPCO, LLC, was the licensee and owner of THE LEGACY AT BOCA RATON REHABILITATION AND NURSING CENTER. At all times material hereto, Defendant, BOCA REGENTS OPCO, LLC, was subject to the provisions of Chapter 400 of Florida Statutes, which sets the standards for operating nursing homes such as THE LEGACY AT BOCA RATON REHABILITATION AND NURSING CENTER. During JANET KREINDEL’s residency at THE LEGACY AT BOCA RATON REHABILITATION AND NURSING CENTER, the staff and employees failed to develop an adequate care plan and properly monitor and supervise the care and treatment provided to JANET KREINDEL in order to prevent her from suffering the development and deterioration of wounds, suffering the development and deterioration of infections, and suffering falls and unexplained injuries. ----- Page 3 As a direct result of THE LEGACY AT BOCA RATON REHABILITATION AND NURSING CENTER’s acts and omissions, JANET KREINDEL suffered the development and deterioration of wounds, suffered the development and deterioration of infections, and suffered falls and unexplained injuries. This is a claim under Florida Statute §400 for violation of JANET KREINDEL’s resident's rights, based solely on custodial care issues, and any presuit pursuant to Chapter 766 is unnecessary. Plaintiff has complied with the nursing home presuit provisions set forth in Florida Statutes §400. 0233. Plaintiff has satisfied all conditions precedent to the filing of this action. Plaintiff's counsel certifies by signing this Complaint that a good faith investigation into the merits of this claim was made. It has been necessary for SAMANTHA RICHTER to retain the undersigned firm of Ford, Dean & Rotundo, P. A. , to prosecute this action and has agreed to pay said firm a reasonable fee for its services. **COUNT I** **CHAPTER 400 CLAIM AGAINST DEFENDANT, ** **BOCA REGENTS OPCO, LLC d/b/a THE LEGACY AT BOCA RATON** **REHABILITATION AND NURSING CENTER** Plaintiff hereby realleges paragraphs one (1) through fourteen (14) as if fully stated herein and further alleges: ----- Page 4 Defendant has a statutorily mand responsibility to JANET KREINDEL to provide her with her nursing home resident's rights, as set forth in Florida Statute §400. 022, which responsibility included, but was not limited to, the following: (a) providing adequate and appropriate healthcare and protective and support services; (b) preventing mental and physical abuse of JANET KREINDEL; (c) complying with regulations for the operation of nursing homes promulgated by the Department of Health and Rehabilitative Services and contained in the Florida Administrative Code 59A-4; and (d) treating residents courteously, fairly, and with the fullest measure of dignity. That Defendants' responsibilities to JANET KREINDEL, as outlined in Florida Statutes §400. 022, are non-delegable and such that Defendants had direct liability for violations, deprivations and infringements by any person or entity under Defendants's control, direct or indirect, including their employees, agents, consultants and independent contractors, whether in-house or outside entities, individuals, agencies or pools, or caused by Defendants's policies, and procedures, whether written or unwritten, or common practices. That in addition to Defendants' direct responsibility under Florida Statute §400. 022 and as alleged in the preceding paragraph, Defendants had vicarious liability for the acts and omissions of all persons or entities under Defendants's control either direct or indirect including its employees, agents, consultants and independent contractors, whether in-house or outside entities, individuals, agencies or pools causing any deprivations or infringements of JANET KREINDEL resident's rights as set forth in Florida Statutes §400. 022. ----- Page 5 That the duty alleged in the immediately preceding paragraphs include, but are not limited to, proper training and supervision; proper hiring, background and referral checks; and proper retaining and dismissing of employees, agents, consultants and independent contractors, as well as providing adequate staffing. That notwithstanding the responsibility of Defendants to provide JANET KREINDEL with her statutorily mand nursing home resident's rights, JANET KREINDEL was deprived of such rights by the acts or omissions of Defendants's agents and employees which include, but are not limited to, the following: a) failing to properly provide a turning program for the prevention of wounds; b) failing to provide a proper mattress, bedding, protective devices and positioning devices for JANET KREINDEL; c) failing to turn and position JANET KREINDEL timely and appropriately to prevent wounds; d) failing to properly recognize the development and deterioration of wounds on JANET KREINDEL and failing to obtain treatment to prevent the worsening of such wounds; e) failing to adequately clean JANET KREINDEL to prevent skin breakdown due to continual contact with feces and urine; f) failing to provide and implement the appropriate fall precautions to JANET KREINDEL; g) failing to provide the appropriate fall supervision to JANET KREINDEL; h) failing to provide JANET KREINDEL with the appropriate care, treatment and supervision to protect her from suffering falls and to protect her from suffering the development and deterioration of wounds; i) failing to prevent unexplained injuries to JANET KREINDEL; J) failure to properly supervise JANET KREINDEL; ----- Page 6 k) failing to provide adequate and appropriate protective and support services to JANET KREINDEL; l) failing to develop, implement, and upan adequate and appropriate resident care plans to meet the custodial needs of JANET KREINDEL; m) failing to maintain records which contain sufficient and accurate information to justify the diagnosis and treatment and to document the results, including at a minimum documented evidence of assessments of the needs of the resident, of establishment of appropriate plans of care and treatment, and of the care and services provided; n) failing to appropriately monitor JANET KREINDEL and recognize significant signs and symptoms of change in her health condition, such as suffering the development and deterioration of wounds, suffering the development and deterioration of infections, and suffering falls and unexplained injuries; o) failing to properly notify the family and physicians of JANET KREINDEL’s of significant changes in her health status, such as suffering the development and deterioration of wounds, suffering the development and deterioration of infections, and suffering falls and unexplained injuries; p) failing to protect JANET KREINDEL from foreseeable harm, including but not limited to suffering the development and deterioration of wounds, suffering the development and deterioration of infections, and suffering falls and unexplained injuries; q) failing to properly supervise staff; r) failing to properly train staff; s) improper retention of staff; t) Inadequate staffing; u) failing to protect the dignity of JANET KREINDEL; v) failing to protect the privacy of JANET KREINDEL; w) failing to follow physician orders; and ----- Page 7 x) failing to properly chart on the resident pursuant to Florida Statute § 400, F. A. C. 59-A; and 42 C. F. R. 483. As a direct and proximate result of the failure of the Defendant to comply with the requirements of Florida Statute §400. 022, and to provide adequate and appropriate and protective support services, JANET KREINDEL suffered damages, including loss of dignity; humiliation; bodily injury; pain and suffering, disability, physical impairment; disfigurement; mental anguish, inconvenience; loss of capacity to enjoy life; discomfort; aggravation of existing diseases or physical defect; medical, hospital and nursing expenses and died on April 29[th], 2024. The survivors of JANET KREINDEL are as follows: a) SAMANTHA RICHTER, Daughter b) Eric Kreindel, Son Each survivor may recover the value of lost support and services from theof the decedent’s injury to his death, with interest, and future loss of support and services from theof death and reduced to present value. Minor children of the decedent, and all children of the decedent if there is no surviving spouse, may also recover for lost of parental companionship, instruction, and guidance and for mental pain and suffering from theof injury. The decedent’s personal representative may recover for the decedent’s estate the following: a) loss of earnings of the deceased from theof injury to theof death, less lost support of survivors excluding contributions in kind, with interest, ----- Page 8 loss of the prospective net accumulations of an estate which might reasonably have been expected but for the wrongful death, reduced to present money value may also be recovered. b) Medical or funeral expenses due to the decedent’s injury or death that have become a charge against her or his estate or that were paid by or on behalf of decedent. WHEREFORE, Plaintiff, SAMANTHA RICHTER, as Personal Representative of the Estate of JANET KREINDEL, demands judgment against Defendant, BOCA REGENTS OPCO, LLC d/b/a THE LEGACY AT BOCA RATON REHABILITATION AND NURSING CENTER for all compensatory damages allowed by law for the deprivation of JANET KREINDEL’s rights as stated above, and further demands prejudgment interest and a trial by jury on all issues triable as a matter of right. Plaintiff reserves the right to amend to allege a cause of action for punitive damages at a later. **DEMAND FOR JURY TRIAL** The Plaintiff hereby demands trial by jury of all issues so triable as of rightD this 24th day of October, 2024. FORD, DEAN & ROTUNDO, P. A. _Attorneys for Plaintiff_ 3323 NE 163[rd ]Street, Suite 605 North Miami Beach, FL 33160 Tel: (305) 670-2000/Fax: (305) 670-1353 [Bill@forddean. com](mailto:Bill@forddean. com) [Service@forddean. com](mailto:Service@forddean. com) By: WILLIAM A. DEAN, Esquire FBN: 118354 : -----

[Assistant] IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA CIVIL DIVISION SAMANTHA RICHTER, as Personal Representative of the Estate of JANET KREINDEL, Deceased, Plaintiff, vs. BOCA REGENTS OPCO, LLC d/b/a THE LEGACY AT BOCA RATON REHABILITATION AND NURSING CENTER, Defendant. / **PLAINTIFF’S INITIAL REQUEST FOR PRODUCTION TO DEFENDANT, ** **BOCA REGENTS OPCO, LLC d/b/a THE LEGACY AT BOCA RATON** **REHABILITATION AND NURSING CENTER** COMES NOW, the Plaintiff, SAMANTHA RICHTER, as Personal Representative of the Estate of JANET KREINDEL, Deceased, by and through her undersigned counsel, and propounds the attached requests for production, pursuant to F. R. C. P. §1. 350, upon the Defendant, BOCA REGENTS OPCO, LLC d/b/a THE LEGACY AT BOCA RATON REHABILITATION AND NURSING CENTER, to produce copies of the attached documents being requested, pursuant to the applicable rules of civil procedure, within FORTY FIVE (45) days from theof service hereof. Note: The term “Facility” refers to: “THE LEGACY AT BOCA RATON REHABILITATION AND NURSING CENTER" ” The term “Resident”refers to: “JANET KREINDEL” The term “AHCA” refers to: “Agency for Healthcare Administration” All words used in any gender shall extend to and include all genders. ----- Provide all insurance policies _and_ declaration sheets (including umbrella and excess policies), that may provide coverage to the Facility for the negligence that has been asserted by the Plaintiff and all insurance policies and declaration sheets (including umbrella and excess policies) that may provide coverage to any other entity(s) in addition to the Facility, which was responsible for any care/treatment/supervision provided to the Resident while he/she was a resident at the Facility, as required by Florida Statute §400. 141(1)(s). Provide all reservations of rights notices or denials of coverage notices for any insurance policies identified Request for Production #1 and being asserted against this claim. If a policy of insurance identified in Request for Production # 1 is a “shared policy, ” and there have been or are other pending claims being made on that policy, provide a list of the names and addresses of the other claimants and/or their attorneys. If a settlement has been made on a portion of the policy, provide the amount of the settlement and the remaining money left on the policy. If a policy of insurance identified in Request for Production # 1 is a “wasting policy, ” provide a summary of the remaining funds left on the policy, as of the answering of this request for production. If the facility does not have a policy of insurance that provides coverage for this claim, provide any and all documents which show that the Facility has complied with the liability insurance requirements set forth in Florida Statute §400. 141. If the facility does not have a policy of insurance that provides coverage for this claim, provide any and all documents that show that the Facility has provided notice to the Department of Elderly affairs that the Facility is not in compliance with Florida Statutes and/or Florida Administrative Code. Provide a complete copy of the facility’s licensure file as required by Florida Statute §400. 071(1)(e). Provide laser color copy of all or portions of the original chart for the Resident while he/she was a resident at the Facility, as designated by Plaintiff’s counsel _after having the_ _opportunity to review the chart. Please provide aof availability, in writing, for the_ Plaintiff’s attorney to review the original chart. Provide a laser color copy of the complete administrative and/or financial file or files prepared and/or maintained by the Facility concerning the Resident, including any contract(s) between the Resident and the Facility, and any attachments to that contract(s), as designated by Plaintiff’s counsel after having the opportunity to review the administrative file. Please provide aof availability, in writing, for the Plaintiff’s attorney to review the original chart administrative file. ----- Provide laser copies of any and all photographs that were taken of the Resident while he/she was at the Facility. Provide a complete and itemized bill(s) for any and all services, medical supplies, pharmaceutical supplies, therapies, or any other goods or services for which the Facility charged the Resident, or any third party payor on behalf of the Resident, while he/she was a resident at the Facility, including but not limited to: a. A complete and itemized bill of the Resident. b. All bills or statements submitted by the Facility to Medicare, or any fiscal intermediary for Medicare, for supplies, therapies, or other ancillary charges covering care, supplies, equipment, or other ancillary charges for the Resident. c. Detail the specific nature of the charges, the specific services received, and expenses incurred for such items of service, enumerating in detail the constituent components of the services received within each department of the Facility, including unit price data on rates charged by the Facility. d. Specifically identify therapy treatment as to the, type, and length of treatment. e. If the Facility has added to the price of any good or service provided to the Resident beyond the price charged to the Facility for any good or service, such as: pharmaceutical goods, supplies, therapies or any other good or service, please identify clearly the original cost of the good or service and separately state the amount of any service or handling charge. f. All bills or statements submitted by the Facility to the Resident, his/her power of attorney, guardian, or family for room and board, services, supplies, equipment, or other items provided to the Resident, including co-payments or deductibles. g. All revenue reports and/or remittance advisories that reflect reimbursement made by Medicare, Medicaid, private insurance, or any individual for room and board, services, supplies, equipment, or other items provided by the Facility to the Resident. h. All statements, lists, or reconciliations of trust accounts, reflecting funds received from the Resident, his/her power of attorney, guardian, or family or held in trust for the benefit of the Resident. If the Facility held money or property in safekeeping for the Resident, provide copies of the quarterly statements provided to the Resident. ----- Provide a copy of the Facility’s policies and procedures governing the operation of the Facility and the care and treatment of residents at the Facility during the period of the Resident’s residency, as required by Florida Administrative Code 59A-4. 106. In lieu of producing the entire policy and procedure manual, the Facility may provide a complete index of all policy and procedure manuals that govern the care provided at the Facility, from which the Plaintiff’s counsel will designate certain portions for copying. Provide copies of the fire safety inspections during the period of Resident’s residency and required by Florida Administrative Code §59A-4. 130. Provide copies of the license issued pursuant to Chapter 400, Florida Statutes for the operation of the Facility while the Resident was at the Facility and all licensure records submitted to the Agency for Health Care Administration. Provide copies of all other brochures and advertising materials used by the Facility during the Resident’s residency. Provide copies of all information given to Resident and/or family by the Facility pursuant to Florida Administrative Code §59A-4. 106. Provide copies of the “standing orders, ” if any, concerning the Resident during his/her residency. Provide the daily census of the Facility for the time period that the Resident was at the Facility. Provide daily census sheets for the wing and unit where the Resident resided during the time he/she was at the Facility. Provide all staff schedules for the time period that the Resident was at the Facility. Provide all time cards for all employees who worked on the wing/unit where the Resident lived during the Resident’s residency. Provide any and all records of the Facility used or prepared for the purpose of calculating or ensuring compliance with staffing requirements of nursing homes and established by the State of Florida during the entire residency of the Resident, pursuant to the Florida Administrative Code §59A-4. 108. Provide a copy of the Facility’s written Table of Organization. Provide copies of any minutes of the Governing Body of the Facility prepared during the time the Resident was at the Facility. ----- Provide copies of 24-hour report sheets and any communication books utilized by the staff or employees of the Facility during the time period that the Resident was at the Facility. Provide copies of all electronic communications and/or information, including e-mails, voice mail, Twitter, texts, faxes, records, orders, evaluations, etc. .. , stored in any manner and in any format concerning the Resident. If the Facility has a surveillance system in place, provide copies of all surveillance tapes showing the Resident during his/her residency. In the alternative, provide aand time, in writing, for the Plaintiff’s counsel to view the surveillance tapes. Provide any and all records of accidents or unusual incidents concerning the Resident. Provide copies of and all writings or documents in your possession reflecting any investigations conducted by any state or federal agencies concerning the Resident. Provide copies of all inspection reports for the 5 years prior to the resident’s stay at the facility. Provide copies of any management contracts in effect during the time the Resident was at the Facility. Provide copies of all reports, correspondence, or other writings generated by or on behalf of any management company or consultant to the Facility concerning the care and treatment of residents during the Resident’s residency. Provide copies of any and all resident family council (or similar entry) minutes, or other documents which record the discussions, agenda, or determinations of the council created during the residency at issue. Provide any and all reports or data compilations that concern the status or condition of residents and were prepared by and sent to corporate officers or supervisors during the residency in question. Provide a blank copy of the Facility’s standard incident report form. Provide written job descriptions for all staff, employees, agents and apparent agents at the Facility during the time that the Resident was at the Facility. Provide copies of any and all in-service training and attendance sheets for all in-service training provided at the Facility during the time that the Resident was at the Facility. Provide a list of all videos and teaching materials used for in-service training programs ----- during the time that the Resident was at the Facility. Provide a list of all employees of the Facility during the time the Resident was at the Facility. Provide any and all documentation, (i. e. personnel files), maintained at the Facility for each employee of the Facility who provided any care or service to the Resident at the Facility, including but not limited to the following information: a. any and all applications for employment; b. copies of any and all documentation obtained by the Facility about the employee from any third source such as employment verification information from other employers, reports from any law enforcement or state administrative agency or any abuse reporting agency where such document is not privileged by the state or Federal law creating the abuse reporting agency; c. copies of any and all licensing certification for the employee; d. any and all documents which would contain disciplinary information of the employee by the Facility, including letters of reprimand, complaints by outside persons, or letters of reprimand; e. any and all documents submitted by or recorded by Facility, concerning complaints registered by another employee concerning employee; f. any and all performance evaluations completed for the employee; g. any and all forms, letters, or notes relating to termination of the employee's service at the Facility, including writings completed by the employee or any other member of the Facility's staff or administration. Provide any and all turnover reports which delineate the turnover rate for employees of the Facility during the time that the Resident was at the Facility. Provide copies of any and all budgets and budget worksheets, including any original budgets and all amendments to budgets, prepared for the operation of the Facility for the calendar years the Resident was at the Facility. Provide any and all documents evidencing skin evaluation, wound assessment, and wound care, including any and all wound photos taken of the resident. ----- If the resident was seen by a home health aide, or outside healthcare provider, provide copies of any and all records in the Facility’s possession, evidencing same. If the Facility has a written agreement with a wound care specialist or entity that specializes in providing wound care to residents of the Facility, provide a copy of the agreement in effect during the time of the Resident’s stay at the Facility. Provide copies of all nursing staffing information as required under 42 C. F. R. §483. 30(e) for the one year prior to the Resident’s stay and the Facility and the 6 month period after the Resident’s stay at the facility. Provide copies of all roster/sample matrix forms (CMS-802) prepared during the Resident’s stay at the Facility. Provide copies of all daily aide assignment sheets created during the Resident’s stay at the Facility, redacted to protect the identities, but not the care requirements, of other residents. Provide hard, paper copies of all electronic information, data, etc. , stored in any format, concerning the Resident. Provide a copy of the contract between the Facility and the medical director in existence at the time of the Resident’s stay at the Facility. **CERTIFICATE OF SERVICE** WE HEREBY CERTIFY that a true and correct copy of the foregoing was attached to and served with the Summons and Complaint herein. D this 24[th] day of October, 2024. By:________________________ William A. Dean, Esquire Florida Bar #118354 FORD, DEAN, & ROTUNDO, P. A. Attorneys for Plaintiff 3323 NE 163[rd] Street, Suite 605 Miami, FL 33180 Phone: (305) 670-2000 / Fax: (305) 670-1353 Bill@forddean. com Samantha@forddean. com Service@forddean. com By:________________________ -----


[System]
You are a lawyer with 10 years of experience. Based on the complaint, create up to 20 questions for the defendant.

The questions should follow the format and style of this example response to a car accident complaint:
1. All photographs, diagrams, or other printed or written material describing or attempting to describe the scene of the accident alleged in the Complaint, or any person described in the Complaint.
2. Documentation substantiating health insurance coverage available to Plaintiff on the date of the accident sued upon.
3. Any cellular phones or other mobile communication system telephone bills, invoices, statements, itemized accounts, or other data compilation for the equipment owned or used by Plaintiffs for the months relevant to the incident.
4. Any and all films, diagnostic tests, MRIs, X-rays, storage devices, digital images, intra-operative photographs, and/or data compilations from which information can be obtained.
5. If a claim is made for lost wages and/or loss of earning capacity in the future, provide specific documentation like Federal Income Tax Returns and W-2 Forms.

Be specific, detailed and relevant to the complaint's allegations. Avoid generic requests for "all documents" or "all evidence". Each question should request specific items, time periods, or information directly related to the complaint's claims.

[User] IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, IN AND ##### FOR PALM BEACH JOHN SMITH, Plaintiff, v. STUART A. FELDMAN, D. D. S. , STUART A. FELDMAN, D. D. S. , P. A. a Florida corporation, and PERIODONTICS OF THE PALM BEACHES, P. A. , a Florida corporation, Defendants. ______________________________________ / **COMPLAINT** COMES NOW the Plaintiff, JOHN SMITH, and sues the Defendants, STUART A. FELDMAN, D. D. S. , and STUART A. FELDMAN, D. D. S. , P. A. a Florida corporation, and PERIODONTICS OF THE PALM BEACHES, P. A. , a Florida corporation, and alleges: This is an action for damages in excess of$ 15, 000. 00, exclusive ofcosts, interest, and ##### attorney’s fees, against Defendants, STUART A. FELDMAN, D. D. S. , STUART A. FELDMAN, D. D. S. , P. A. a Florida corporation, and PERIODONTICS OF THE PALM BEACHES, P. A. , a Florida corporation. PlaintiffJOHN SMITH (hereinafter “Plaintiff’ or “SMITH”) is a resident ofQuebec, Canada. At all times material hereto Defendant STUART A. FELDMAN, D. D. S. , was a ##### dentist licensed to practice in the state of Florida and actively practicing dentistry in Palm Beach County, Florida. ----- At all times material hereto, Defendant STUART A. FELDMAN, D. D. S. , P. A. , was a Florida corporation, organized and existing under the laws ofthe State ofFlorida, with a principal address of 1897 Palm Beach Lakes Boulevard, Suite 215, West Palm Beach, Palm Beach County, Florida. At all times material hereto, Defendant PERIODONTICS OF THE PALM BEACHES, P. A. , was a Florida corporation, organized and existing under the laws of the State of Florida, with a principal address of 1897 Palm Beach Lakes Boulevard, Suite 215, West Palm Beach, ##### Palm Beach County, Florida. Plaintiff has complied with the provisions of Florida Statute §766. 106 and all conditions precedent to the filing of this action. Plaintiff timely served written notice of intent to ##### initiate a medical negligence action on Defendant STUART A. FELDMAN, D. D. S. , and Defendant STUART A. FELDMAN, D. D. S. , P. A. , via certified mail, return receipt requested. Presuit was concluded on or about October 28, 2016. At all times material hereto, STUART A. FELDMAN, D. D. S. , bore a legal relationship to Defendant STUART A. FELDMAN, D. D. S. , P. A. , a Florida corporation, to a degree ##### that notice served upon STUART A. FELDMAN, D. D. S. , constitutes notice to STUART A. FELDMAN, D. D. S. , P. A. a Florida corporation. At all times material hereto, STUART A. FELDMAN, D. D. S. , bore a legal relationship to Defendant PERIODONTICS OF THE PALM BEACHES, P. A. , a Florida corporation, to a degree that notice served upon STUART A. FELDMAN, D. D. S. , constitutes notice to PERIODONTICS OF THE PALM BEACHES, P. A. , a Florida corporation. **FACTS** **COMMON** **TO** **ALL** **COUNTS** Plaintiff has been under the care and treatment of Defendant STUART A. ----- FELDMAN, D. D. S. , since 2012. On or about November 21, 2013, Defendant STUART A. FELDMAN, D. D. S. , in ##### Palm Beach County, Florida, placed dental implants in the area oftooth #12 and tooth # 15, for the purpose of supporting a 4-unit bridge from tooth # 12 to tooth #15. During the implant surgery, Defendant STUART A. FELDMAN, D. D. S. , negligent ##### placed the dental implant in the area of tooth # 12 in communication with the tooth root of tooth # The conduct of Defendant STUART A. FELDMAN, D. D. S. , resulted in the extraction and loss oftooth # 11, the loss of the dental implant in the area oftooth #12, and the loss ##### of the 4-unit bridge from tooth # 12 to tooth #15. On or about September 14, 2015, Plaintiffreceived a 5-unit bridge from Ngoc Tuan Dinh, D. M. D. The cost of the 5-unit bridge was in excess of $12, 000, including lab fees. This action has been commenced within 2 years from the time Plaintiff had knowledge ofthe loss oftooth #11; within 2 years from the time Plaintiffhad knowledge ofthe loss ##### ofthe dental implant in the area oftooth # 12; within 2 years from the time Plaintiffhad knowledge of the loss of the 4-unit bridge from tooth # 12 to tooth #15; and, within 2 years from the time Plaintiff had knowledge of the reasonable possibility that the losses were caused by medical malpractice. This action has also been commenced within 4 years from theof the incident giving rise to Plaintiffs causes of action. On or about March 24, 2016, Plaintiff purchased a 90-day extension of time of the applicable statute of limitations. **COUNT** **I** ##### NEGLIGENCE AGAINST STUART A. FELDMAN, D. D. S. ----- ##### For his cause of action against Defendant STUART A. FELDMAN, D. D. S. , individually, in Count I, Plaintiff states: Plaintiff realleges and adopts, as if fully set forth in Count I, the allegations of ##### paragraphs 1 through 15. Defendant STUART A. FELDMAN, D. D. S. , owed a duty to the Plaintiffto exercise reasonable care commensurate with his skill and training in the care and treatment of Plaintiff s dental needs. The care and treatment provided by Defendant STUART A. FELDMAN, D. D. S. , to Plaintiff, was negligent and fell below the prevailing professional standard of care in that Defendant STUART A. FELDMAN, D. D. S. , amongst other things: i. Failed to obtain appropriate and necessary pre- surgical and post-surgical radiographs; ii. Failed to properly treatment plan Plaintiffs dental implant surgery; iii. Failed to recognize and take into consideration the ##### location of one or more of Plaintiffs natural teeth prior to performing dental implant surgery; iv. Failed to properly prepare one or more osteotomy sites during dental implant surgery; v. Failed to properly perform Plaintiffs dental implant surgery; vi. Failed to properly place one or more dental implants; vii. Failed to take into consideration of the location of ----- ##### Plaintiffs existing teeth and root structure during dental implant surgery; viii. Failed to refer the Plaintiff to an appropriate dental specialist(s) when the Defendant knew or should have ##### known that such a referral was indicated; ix. Failed to protect the Plaintiff from serious physical harm. As a proximate result of the negligence of Defendant STUART A. FELDMAN, D. D. S. , suffered bodily injury, hospitalization, mental care and treatment, and resulting pain and suffering, disability, mental anguish, loss of capacity for the enjoyment of life, and aggravation of a previously existing condition. The losses are either permanent or continuing and Plaintiff will suffer the losses in the future. ##### WHEREFORE Plaintiff, JOHN SMITH, demands judgment against Defendant, STUART A. FELDMAN, D. D. S. , for damages in excess of $15, 000. 00, plus costs and interest. **COUNT** **II** **VICARIOUS** **LIABILITY** **-** **STUART** **A. ** **FELDMAN, ** **D. D. S. .** **P. A. ** ##### For his cause of action against Defendant STUART A. FELDMAN, D. D. S. , P. A. , in Count n, Plaintiff states: Plaintiff realleges and adopts, as if fully set forth in Count n, the allegations of ##### paragraphs 1 through 15. At all times material to this action, Defendant STUART A. FELDMAN, D. D. S. , P. A. , was a Florida corporation and was engaged in the transaction of business in Palm Beach County, Florida. ----- _22. _ At all times material to this action, Defendant STUART A. FELDMAN, D. D. S. , was ##### the agent, servant, or employee of Defendant STUART A. FELDMAN, D. D. S. , P. A. , and was acting within the course and scope thereof. At all times material to this action, Defendant Defendant STUART A. FELDMAN, D. D. S. , P. A. , was vicariously liable for the acts, omissions, and conduct ofthe Defendant STUART A. FELDMAN, D. D. S. , as fully set forth in Paragraphs 17 through 19, which are incorporated herein ##### by reference. WHEREFORE, Plaintiff demands judgment against Defendant STUART A. FELDMAN, D. D. S. , P. A. , for damages in excess of $15, 000. 00, plus costs and interest. ##### COUNT III **VICARIOUS** **LIABILITY** **-** **PERIODONTICS** **OF** **THE** **PALM** **BEACHES, ** **P. A. ** ##### For his cause of action against Defendant PERIODONTICS OF THE PALM BEACHES, P. A. , in Count HI, Plaintiff states: Plaintiff realleges and adopts, as if fully set forth in Count HI, the allegations of ##### paragraphs 1 through 15. At all times material to this action, Defendant PERIODONTICS OF THE PALM BEACHES, P. A. , was a Florida corporation and was engaged in the transaction ofbusiness in Palm ##### Beach County, Florida. At all times material to this action, Defendant STUART A. FELDMAN, D. D. S. , was ##### the agent, servant, or employee of Defendant PERIODONTICS OF THE PALM BEACHES, P. A. , and was acting within the course and scope thereof. At all times material to this action, Defendant PERIODONTICS OF THE PALM ##### BEACHES, P. A. , was vicariously liable for the acts, omissions, and conduct of the Defendant ----- STUART A. FELDMAN, D. D. S. , as folly set forth in Paragraphs 17 through 19, which are incorporated herein by reference. WHEREFORE, Plaintiffdemands judgment against Defendant PERIODONTICS OF THE ##### PALM BEACHES, P. A. , for damages in excess of $15, 000. 00, plus costs and interest. PLAINTIFF DEMANDS TRIAL BY JURY ON ALL ISSUES. **D** this 4th day of November, 2016. By: _/s/Hush_ _L. _ _Koerner_ Hugh L. Koerner Florida Bar No. : 716952 Email: [hlklaw@hughkoemer. com](mailto:hlklaw@hughkoemer. com) Hugh L. Koerner, P. A. ##### Sheridan Executive Centre 3475 Sheridan Street, Suite 208 ##### Hollywood, FL 33021 Telephone: (954) 522-1235 Facsimile: (954)522-1176 ##### Attorneysfor PlaintiffJohn Smith **CERTIFICATE** **OF** **GOOD** **FAITH** I, Hugh L. Koerner, attorney for the Plaintiff herein, hereby states that a reasonable investigation of the incident herein complained ofhas given rise to a good faith beliefthat grounds exist for this action against the named Defendants. By: _/s/Hush_ _L. _ _Koerner_ Hugh L. Koerner -----

[Assistant] ### IN THE CIRCUIT COURT OF THE 15th JUDICIAL CIRCUIT, IN AND ### FOR PALM BEACH COUNTY, FL JOHN SMITH, Plaintiff, Vs. STUART A. FELDMAN, D. D. S. , STUART A. FELDMAN, D. D. S. , P. A. ### A Florida corporation, and PERIODONTICS OF THE PALM BEACHES, P. A. , a Florida corporation, Defendants, _________________________________________/ ### DEFENDANT’S FIRST REQUEST TO PRODUCE TO PLAINTIFF COME NOW the Defendants, by and through their undersigned counsel, and ### pursuant to Florida Rules of Civil Procedure, requests the Plaintiff, JOHN SMITH, to provide to the undersigned the following documents within the time limits as prescribed by law: Photocopy of your Social Security Card. Photocopies of any and all marriage licenses. Photocopies of any and all divorce decrees, if any. ----- Photocopy of any and all drivers/operators licenses issued by any state and/or governmental agency. The names and addresses of all pharmacies where you have filled any prescriptions. Photocopies of each and every stamped paged of any and all passports used ### by you within the past five (5) years including the identification pages. Medical bills, dental bills, including but not limited to, doctors, hospitals, and ### prescriptions for the past five (5) years. Statements of the Defendant, or his agents, servants, and/or employees. Hospital records concerning any and all hospitalizations or emergency room visits of the Plaintiff, which are in the Plaintiff’s possession or control for the past five (5) years. Copies of all medical records for any and all treatment received by Plaintiff. Dental records, opinions or other written memoranda from doctors, nurses, ### other medical practitioners or expert witnesses containing information and which are in the Plaintiffs possession or control. Copies of all Income tax returns and earning records from all sources for the ### Plaintiffs, individually orjointly with another person, for the years 2011, 2012, 2013, 2014, 2015 and 2016 which document medical/dental expenses, if available. Any and all photographs, videotapes or films of the parties involved, etc. All experts' reports pertaining to the issues raised in this litigation. All records pertaining to drug and/or alcohol rehabilitation of the Plaintiff. ----- Any and all employment/personnel records or files of the Plaintiff for the ### past five (5) years. Copies of all insurance cards issued to or for the benefit of the Plaintiff and in effect at the time of the accident/incident. Any and all copies of x-rays, dental x-rays and scans, Panorex, x-ray reports, Dentascans, MRI films, CT scans and other films and/or reports thereon performed on ### Plaintiff which he or his attorneys have in their possession for the past five (5) years. All curriculum vitaes of any and all experts who have or are expected to ### render opinions as to the condition of the Plaintiff relative to injuries sustained in this incident. Any and all statements, whether oral, written, or otherwise by and between ### Plaintiff and Defendant relative to the incident. All photographs, motion picture film or video tape in an unedited form which depict the Plaintiffas oftheofthe incident which is the subject matter ofthis litigation. Any and all documents reflecting any amounts of any collateral sources paid to the Plaintiff on account of expenses incurred as a result of the incident complained of. This is to include but not be limited to Social Security, Income Disability, Auto Insurance, Group Employee Insurance, Wage Continuation Plans, etc. Copies of all applications for credit, loans, or financing executed by ### Plaintiff(s) and/or any business entity which Plaintiff(s) own(s) or has an interest in for the past five (5) years. Bank Statements for all accounts of the Plaintiff for the past five (5) years. ----- Applications of the Plaintiff executed in the past five (5) years for Life Insurance, Health Insurance, and Disability Insurance. I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by E-service this 2nd day of December, 2016 to: HUGH KOERNER, ESQUIRE, 3475 Sheridan Street, Suite 208, Sheridan Executive Centre, Hollywood, FL 33021. ### PETERSON BERNARD 1550 Southern Boulevard, Suite 300 ### West Palm Beach, FL 33406 Telephone: (561) 686-5005 [Dennis. vandenberg@petersonbemard. com](mailto:Dennis. vandenberg@petersonbemard. com) By: /s/ Dennis A. Vandenberg DENNIS VANDENBERG ### Florida Bar No. 221880 -----


[System]
You are a lawyer with 10 years of experience. Based on the complaint, create up to 20 questions for the defendant.

The questions should follow the format and style of this example response to a car accident complaint:
1. All photographs, diagrams, or other printed or written material describing or attempting to describe the scene of the accident alleged in the Complaint, or any person described in the Complaint.
2. Documentation substantiating health insurance coverage available to Plaintiff on the date of the accident sued upon.
3. Any cellular phones or other mobile communication system telephone bills, invoices, statements, itemized accounts, or other data compilation for the equipment owned or used by Plaintiffs for the months relevant to the incident.
4. Any and all films, diagnostic tests, MRIs, X-rays, storage devices, digital images, intra-operative photographs, and/or data compilations from which information can be obtained.
5. If a claim is made for lost wages and/or loss of earning capacity in the future, provide specific documentation like Federal Income Tax Returns and W-2 Forms.

Be specific, detailed and relevant to the complaint's allegations. Avoid generic requests for "all documents" or "all evidence". Each question should request specific items, time periods, or information directly related to the complaint's claims.

[User] IN THE CIRCUIT COURT OF THE 15™ JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA ABIGAIL E. SCHMIDT, ##### Plaintiff, v. LEVI COHEN, M. D. ; and SOUTH COUNTY MENTAL HEALTH CENTER, INC. , Defendants. **COMPLAINT** **FOR** **DAMAGES** **AND** **DEMAND** **FOR** **JURY** **TRIAL** The Plaintiff, Abigail E. Schmidt, sues the Defendants, Levi Cohen, M. D. and South County Mental Health Center, Inc. , and alleges as follows: **JURISDICTIONAL** **STATEMENT** **AND** **IDENTIFICATION** **OF** **PARTIES** This is an action for damages which exceeds the minimum jurisdictional limits of ##### this Court, exclusive of interest and costs. Venue is proper in Palm Beach County, Florida where the Defendants Levi Cohen, M. D. and South County Mental Health Center, Inc. committed the tortious acts described below. At all material times. Defendant Levi Cohen, M. D. was a psychiatrist employed at South County Mental Health Center, located at 16158 South Military Trail, Delray Beach, FL ----- Complaint for Damages Page 2 At all material times, Defendant South County Mental Health Center, Inc. was a Florida corporation located at 16158 South Military Trail, Delray Beach, FL 33484. Plaintiff Abigail E. Schmidt received medical treatment and medical services from ##### the Defendants as set forth more particularly below. **COMPLIANCE** **WITH** **ALL** **CONDITIONS** **PRECEDENT** **AND** **FLORIDA** **STATUTES** **766. 106(2)** Notice of Intention to Initiate Litigation against the Defendants named in this ##### Complaint was given and acknowledged in accordance with the requirements of Fla. Stat. 106(2). The Plaintiff has complied with all of the requirements of the Department of Health, Agency for Health Care Administration. A copy of the Complaint will be sent to the ##### Department of Health, Agency for Healthcare Administration at the time the Complaint is filed. This action is properly brought within two years of when the alleged negligent incident occurred or within two years from thethe alleged negligent incident could have been discovered with the exercise of due diligence and not later than four years from when the ##### incident occurred. The Plaintiff has met any and all conditions precedent to filing this lawsuit. **CERTIFICATE** **OF** **COUNSEL** Through counsel'sbelow, it is hereby certified, pursuant to Florida Statutes 766. 203, that counsel for the Plaintiff, prior to filing this action has made a reasonable investigation as permitted by the circumstances to determine that there are grounds for a good ##### faith belief that there was negligence in the care and treatment of Abigail E. Schmidt. Such ----- Complaint for Damages Page 3 reasonable investigation has given rise to a good faith belief that grounds exist for an action against the named Defendants. **AGENCY** Defendant Levi Cohen, M. D. was the employee of Defendant South County ##### Mental Health Center, Inc. and at all material times and places was acting within the course and scope of his employment. Defendant Levi Cohen, M. D. was the actual agent of Defendant South County ##### Mental Health Center, Inc. and at all material times and places was acting within the course and scope of his actual agency. **FACTS** **GIVING** **RISE** **TO** **CAUSE** **OF** **ACTION** On July 9, 2014, Ms. Schmidt became psychotic while receiving behavioral ##### treatment at Treatment Alternatives, LLC in Palm Beach County. On July 9, 2014, Ms. Schmidt agreed to a transfer to South County Mental Health Center, Inc. for psychiatric evaluation and treatment. Upon arrival, South County Mental Health Center, Inc. admitted Ms. Schmidt on a voluntary basis for observation, diagnosis, care, and treatment of her psychosis. Ms. Schmidt gave a past medical history of visual and auditory hallucinations to ##### the healthcare providers at South County Mental Health Center, Inc. She also provided a history of self-mutilation. ----- Complaint for Damages Page 4 Defendant Levi Cohen, M. D. conducted a psychiatric assessment on July 10, Defendant Cohen did not conduct a thorough assessment of Ms. Schmidt's ##### hallucinations. Defendant Cohen did not complete a thorough evaluation of her psychosis or risk for suicide. On July 10, 2014 at 12:45 p. m. , Defendant Cohen discharged Ms. Schmidt. Defendant Cohen discharged Ms. Schmidt in an unstable condition. Within hours of discharge, Ms. Schmidt was observed at Treatment Alternatives, LLC to be exhibiting florid psychotic behavior with visual hallucinations and thoughts of ##### grandeur. She was incoherently babbling without any logical content to her speech. She was not oriented to time, place, and, and appeared to be a threat to herself based on hallucinations and delusions. On July 10, 2014 at 2:00 p. m. , Ms. Schmidt was readmitted to South County Medical Health Center via Baker Act under police transport. Defendant Cohen did not reassess Ms. Schmidt's psychiatric condition upon readmission. Defendant Cohen and the health care providers at South County Medical Health Center, Inc. did not set forth an adequate plan for treating and monitoring Ms. Schmidt. The nursing providers at South County Medical Health Center, Inc. had a ##### responsibility to their patient to protect Ms. Schmidt from self-harm. ----- Complaint for Damages Page 5 The healthcare providers at South County Medical Health Center, Inc. , including ##### the nursing providers, had a responsibility to their patient to monitor Ms. Schmidt. On July 11, 2014 at 5:45 a. m. , Ms. Schmidt was found in the bathroom lying on ##### the floor in a fetal position with bright blood on her gown. Her two eyes were busted and bruised, and she had two large gashes on both arms with blood all over the floor. South County Medical Health Center, Inc. staff transferred Ms. Schmidt to the Delray Medical Center Emergency Room. On 7/11/14 at 6:29 a. m. , Delray Medical Center records indicate that Ms. Schmidt presented with a history/diagnoses of suicide attempts, self-inflicted ocular trauma ##### with blindness and laceration of both wrists. As a direct and proximate result of the negligence of the Defendants as set forth more particularly below, Plaintiff Abigail E. Schmidt has sustained the serious and permanent damages set forth more particularly below. **COUNT** **I** **CLAIM** **AGAINST** **DEFENDANT** **LEVI** **COHEN, ** **M. D. ** **NEGLIGENCE** The Plaintiffs adopt and reallege paragraphs 1 through 28 and further allege: Defendant Levi Cohen, M. D. held himself out to the public in general and the ##### Plaintiffs in particular as a physician capable of and who undertook the corresponding duty to Ms. Schmidt of providing medical care and services to her in accordance with that level of care, skill and treatment which in light of all relevant and surrounding circumstances is recognized as acceptable and appropriate by reasonably prudent similar health care providers. ----- Complaint for Damages Page 6 Notwithstanding the duty undertaken, Defendant Cohen breached his duties and ##### fell below the applicable standard of care in one or more of the following ways: a. Negligently failing to conduct an appropriate psychiatric assessment of Ms. Schmidt on her first admission; b. Negligently discharging Ms. Schmidt in an unstable condition; c. Negligently failing to perform a reassessment of Ms. Schmidt's psychiatric ##### condition upon readmission hours after discharge; and d. Negligently failing to set forth an adequate plan of treatment and ##### monitoring for Ms. Schmidt. As a direct and proximate result of the negligence of the Defendant Cohen, the ##### Plaintiff has suffered serious and permanent injuries and the Plaintiff brings the below listed claims for damages. **COUNT** **II** **CLAIM** **AGAINST** **DEFENDANT** **SOUTH** **COUNTY** **MEDICAL** **HEALTH** **CENTER, ** **INC-** **VICARIOUS** **LIABILITY** **FOR** **THE** **NEGLIGENCE** **OF** **DEFENDANT** **LEVI** **COHEN, ** **M. D. ** The Plaintiff adopts and realleges paragraphs 1 through 32 and further alleges: As previously alleged, Defendant Levi Cohen, M. D. was the employee and actual agent of Defendant South County Mental Health Center, Inc. and at all material times and places was acting within the course and scope of his employment and actual agency. Thus, Defendant South County Mental Health Center, Inc. is vicariously liable for ##### the negligence of Defendant Cohen as pled in Count I. ----- Complaint for Damages Page 7 **COUNT** **III** **CLAIM** **AGAINST** **DEFENDANT** **SOUTH** **COUNTY** **MEDICAL** **HEALTH** **CENTER, ** **INC** **NEGLIGENCE** The Plaintiff adopts and realleges paragraphs 1 through 28 and further alleges: Defendant South County Medical Health Center, Inc. held itself out to the public in general and the Plaintiff in particular as a hospital capable of and which undertook the corresponding duty to Ms. Schmidt of providing nursing, mental health care and services to her in accordance with that level of care, skill and treatment which in light of all relevant ##### surrounding circumstances is recognized as acceptable and appropriate by reasonably prudent similar health care providers. Notwithstanding the duty undertaken, Defendant South County Medical Health Center, Inc. , through its nurses, nursing aides, patient aides, mental health technicians, and ##### other employees with the responsibility for monitoring patients, breached its duties in each of the following ways: a. Failing to perform a reassessment of Ms. Schmidt's psychiatric condition upon her readmission; b. Failing to set forth an adequate plan of treatment for Ms. Schmidt upon readmission; c. Failing to adequately monitor Ms. Schmidt upon readmission; d. Failing to provide inpatient psychiatric treatment in a secure environment for ##### patient safety and protection; and e. Failing to place Ms. Schmidt on a safe observation level for patient safety and ##### protection. ----- Complaint for Damages Page 8 As a direct and proximate result of the negligence of the Defendant South County Medical Health Center, Inc. , the Plaintiff has suffered serious and permanent injuries and the Plaintiff brings the below listed claims for damages. **CLAIMS** **FOR** **DAMAGES** **COMMON** **TO** **ALL** **COUNTS** **DAMAGES** **CLAIMED** **BY** **ABIGAIL** **E, ** **SCHMIDT** The Plaintiff, Abigail E. Schmidt, as a direct and proximate result of the negligence of the Defendants, has in the past and will in the future continue to suffer the ##### following damages: a. Bodily injury; b. Pain and suffering; c. Disability; d. Disfigurement; e. Loss of the capacity for the enjoyment of life; f. Aggravation of pre-existing conditions; g. Medical and hospital care and expenses; h. Loss of earnings; i. Loss of earning capacity in the future; j. Rehabilitation expenses; and k. Mental distress. ----- Complaint for Damages Page 9 WHEREFORE, the Plaintiff, Abigail E. Schmidt, demands judgment against the Defendants for compensatory damages in an amount in excess of the minimum jurisdictional ##### limits of this Court, exclusive of interest and costs. **DEMAND** **FOR** **JURY** **TRIAL** The Plaintiff demands trial by jury on all issues triable as of right by a jury. D this 8th day of April, 2015. GROSSMAN ROTH, P. A. _Counsel_ _for_ _the_ _Plaintiff_ 2525 Ponce de Leon Boulevard Suite 1150 Coral Gables, FL 33134 Telephone (305) 442-8666 Facsimile (305) 285-1668 ##### /s/Stuart Z. Grossman Stuart Z. Grossman Florida Bar No. 156113 Primary email: [szg@grossmanroth. com](mailto:szg@grossmanroth. com) Secondary email: [dhe@grossmanroth. com](mailto:dhe@grossmanroth. com) -----

[Assistant] IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA ABIGAIL E. SCHMIDT, ##### Plaintiff, v. LEVI COHEN, M. D. ; and SOUTH COUNTY MENTAL HEALTH CENTER, INC. , Defendants. _______________________________________ / **PLAINTIFF'S** **FIRST** **REQUEST** **FOR** **PRODUCTION** The Plaintiff, ABIGAIL E. SCHMIDT, by and through her undersigned counsel propounds ##### this First Request for Production to Defendant, LEVI COHEN, M. D. The Defendant is to respond to said Request for Production on or before forty five (45) days of receipt of service. A full and complete copy of any and all policies of insurance that provide coverage with respect to the incident set forth in this cause of action, including any and all excess policies of insurance. Any and all documents, writings, contracts, or agreements between you and any ##### other Defendant in this case who provided services to the patient at the time that the patient received care and treatment from you with respect to the provision of such services in general, including, but not limited to, contracts with hospitals, doctors, independent contractors, professional associations, emergency room care, radiology and nursing services. Any and all writings, documents, guidelines, booklets, pamphlets, and manuals indicating your policy, protocol, regulations, and procedures, with respect to the type of care ----- Plaintiff's First Request for Production To Defendant, Levi Cohen, M. D. Page 2 and treatment received by ABIGAIL E. SCHMIDT. Copies of any and all medical bills generated as a result of your care and ##### treatment of ABIGAIL E. SCHMIDT, including medical bills forwarded to health care insurance companies and/or the client, individually. Any and all office charts including hospital records, other physician's office charts, emergency room visits, out-patient services, laboratory testing, radiology films, ##### radiology reports, prescriptions, notes, memoranda, video-tapes, and any and all documentation generated as a result of your care and treatment of ABIGAIL E. SCHMIDT, from inception of your records to current. Any notes, memoranda, e-mail notes, or any other written documentation which relates to any care, treatments or communications concerning Abigail E. Schmidt. A copy of the Defendant's medical license. A copy of the Defendant's curriculum vitae. WE HEREBY CERTIFY that a true and correct copy of the foregoing was eserved with the Complaint. GROSSMAN ROTH, P. A. _Counsel_ _for_ _the_ _Plaintiff_ 2525 Ponce de Leon Blvd. , Ste. 1150 Coral Gables, FL 33134 Telephone (305) 442-8666 Facsimile (305) 285-1668 #### /s/ Stuart Z. Grossman Stuart Z. Grossman Fla. Bar No. 156113 Primary email: [szg@grossmanroth. com](mailto:szg@grossmanroth. com) Secondary email: [dhe@grossmanroth. com](mailto:dhe@grossmanroth. com) -----


[System]
You are a lawyer with 10 years of experience. Based on the complaint, create up to 20 questions for the defendant.

The questions should follow the format and style of this example response to a car accident complaint:
1. All photographs, diagrams, or other printed or written material describing or attempting to describe the scene of the accident alleged in the Complaint, or any person described in the Complaint.
2. Documentation substantiating health insurance coverage available to Plaintiff on the date of the accident sued upon.
3. Any cellular phones or other mobile communication system telephone bills, invoices, statements, itemized accounts, or other data compilation for the equipment owned or used by Plaintiffs for the months relevant to the incident.
4. Any and all films, diagnostic tests, MRIs, X-rays, storage devices, digital images, intra-operative photographs, and/or data compilations from which information can be obtained.
5. If a claim is made for lost wages and/or loss of earning capacity in the future, provide specific documentation like Federal Income Tax Returns and W-2 Forms.

Be specific, detailed and relevant to the complaint's allegations. Avoid generic requests for "all documents" or "all evidence". Each question should request specific items, time periods, or information directly related to the complaint's claims.

[User] IN THE CIRCUIT COURT OF THE `15th` JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA GENERAL JURISDICTION DIVISION RICARDO A RODRIQUEZ AND GABRIELA P PULJOS CIVIDANES, Plaintiffs, vs. CITIZENS PROPERTY INSURANCE CORPORATION, Defendant, ___________________________________ _I_ **COMPLAINT** **FOR** **DAMAGES** COME NOW the Plaintiffs, RICARDO A RODRIQUEZ AND GABRIELA P PULJOS CIVIDANES, (hereinafter referred to as the “Plaintiffs”) by and through their undersigned counsel and files their complaint for damages against the Defendant, CITIZENS PROPERTY INSURANCE CORPORATION, (hereinafter referred to as “Defendant”) and states the following: **PARTIES, ** **JURISDICTION** **&** **VENUE** This is an action for damages that exceed $30, 000 exclusive of interest, costs and attorneys’ fees. Defendant is a Florida Corporation, organized and existing under the laws of Florida, qualified to do business in Florida, and has at all times material hereto conducting business in Palm Beach County, Florida. Venue is Proper in Palm Beach County, Florida because the contract, which forms the subject matter of this lawsuit, was executed in Palm Beach County, Florida, the subject **1** ----- ### property is located in Palm Beach County, Florida and Defendant has engaged in substantial and not isolated activity within Palm Beach County, Florida pursuant to Fla. Stat. §48. 193 (2). All conditions precedent to the filing of this lawsuit has occurred, have been waived, or have been performed. ### GENERAL ALLEGATIONS At all times material hereto, in consideration of a premium paid by Plaintiffs, ### there was in full force and effect a certain homeowners insurance policy issued by Defendant with a policy number of 04596765-1 (hereinafter referred to as “Policy”). Plaintiffs are not possession of a full copy of the insurance policy sued upon ### herein and is therefore unable to attach a copy of the entire policy that forms the basis of the Complaint. However, Plaintiffs hereby incorporates by reference the insurance policy pursuant to Fla. R. Civ. P. 1. 350(a). A copy of the Policy will be obtained via Discovery. Accordingly, under the terms of the Policy, the Defendant agreed to provide ### insurance coverage to Plaintiffs’ property against certain losses. The damaged property is located at 7892 Travels Tree Drive, Palm Beach County, Boca Raton, Florida 33433(hereinafter referred to as “Property”). On or about July 7, 2021, while the Policy was in full force and effect, the Property sustained damages due to Tropical Storm Elsa (hereinafter referred to as “Loss”) a ### covered peril under the policy. The high winds and rain produced by Tropical Storm Elsa damaged the roof causing water leaks throughout the home. The damage includes but is not ### limited to roof, living room, kitchen, hallway, front entry hallway, office, master bedroom, bedroom one, and general items. Shortly thereafter Plaintiffs reported the Loss to the Defendant. ----- Accordingly, Defendant assigned claim number and inspected the Property. Subsequently, Defendant failed to adequately indemnify Plaintiffs for the Loss. By its failure to tender an appropriate amount to repair the Property, Defendant ### has materially breached the Policy. Defendant has failed to properly indemnify Plaintiffs for their losses stemming from the Loss. Plaintiffs have suffered and continued to suffer damages resulting from ### Defendant’s breach of the Policy. Plaintiffs were obligated to retain the undersigned attorneys for the prosecution of ### this action and is entitled to reasonable attorneys’ fees pursuant to Fla. Stat. §627. 428. **COUNT** **I** **BREACH** **OF** **CONTRACT** Plaintiffs reincorporates paragraphs 1 through 15 as if fully set forth herein. It is undisputed that Plaintiffs and Defendant entered into a written contract, the Policy, wherein Plaintiffs agreed to pay a premium in exchange Defendant agreed to insure the Property. Plaintiffs have paid all premiums due and owing as contemplated by the Policy, ### thus, fully performing their obligation under the Policy. Further, at all times material hereto, Plaintiffs have satisfied all post-loss obligations accorded in the Policy, including but not limited to: (i) promptly reporting the Loss to Defendant; (ii) providing all documents in their possession and control; and (iii) making the ### property available for inspection. ----- Defendant has failed to properly indemnify Plaintiffs for their losses stemming ### from the covered peril. As a result of the foregoing, Defendant has breach the Policy. As a direct and proximate result of Defendant’s breach of the Policy, Plaintiffs ### have sustained damages. WHEREFORE, the Plaintiffs, RICARDO A RODRIQUEZ AND GABRIELA P ### PULJOS CIVIDANES, hereby demand judgment against the Defendant, CITIZENS PROPERTY INSURANCE CORPORATION, for damages, plus interest, court costs and reasonable attorneys’ fees pursuant to Florida Statute §627. 428, and that the drafts for insurance proceeds comply with Fla. Stat. § 627. 70121. **DEMAND** **FOR** **JURY** **TRIAL** The Plaintiffs demand a trial by jury of all issues so triable. ###d this 2nd day of February 2022 M. S. P. G. LAW GROUP, PA ### Attorney for the Plaintiffs 770 Ponce de Leon Blvd. , Suite 101 Coral Gables, FL 33134 Telephone: 305-444-1887 Facsimile: 305-666-8427 By: _/s/ Leo A. Manzanilla LEO A. MANZANILLA, ESQ. FLA BAR NO. : 0652921 ### For Service Document Only: Service@mspglawgroup. com -----


[System]
You are a lawyer with 10 years of experience. Based on the complaint, create up to 20 questions for the defendant.

The questions should follow the format and style of this example response to a car accident complaint:
1. All photographs, diagrams, or other printed or written material describing or attempting to describe the scene of the accident alleged in the Complaint, or any person described in the Complaint.
2. Documentation substantiating health insurance coverage available to Plaintiff on the date of the accident sued upon.
3. Any cellular phones or other mobile communication system telephone bills, invoices, statements, itemized accounts, or other data compilation for the equipment owned or used by Plaintiffs for the months relevant to the incident.
4. Any and all films, diagnostic tests, MRIs, X-rays, storage devices, digital images, intra-operative photographs, and/or data compilations from which information can be obtained.
5. If a claim is made for lost wages and/or loss of earning capacity in the future, provide specific documentation like Federal Income Tax Returns and W-2 Forms.

Be specific, detailed and relevant to the complaint's allegations. Avoid generic requests for "all documents" or "all evidence". Each question should request specific items, time periods, or information directly related to the complaint's claims.

[User] IN THE CIRCUIT COURT OF THE `15th` JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA GENERAL JURISDICTION DIVISION RICARDO A RODRIQUEZ AND GABRIELA P PULJOS CIVIDANES, Plaintiffs, vs. CITIZENS PROPERTY INSURANCE CORPORATION, Defendant, ___________________________________ _I_ **COMPLAINT** **FOR** **DAMAGES** COME NOW the Plaintiffs, RICARDO A RODRIQUEZ AND GABRIELA P PULJOS CIVIDANES, (hereinafter referred to as the “Plaintiffs”) by and through their undersigned counsel and files their complaint for damages against the Defendant, CITIZENS PROPERTY INSURANCE CORPORATION, (hereinafter referred to as “Defendant”) and states the following: **PARTIES, ** **JURISDICTION** **&** **VENUE** This is an action for damages that exceed $30, 000 exclusive of interest, costs and attorneys’ fees. Defendant is a Florida Corporation, organized and existing under the laws of Florida, qualified to do business in Florida, and has at all times material hereto conducting business in Palm Beach County, Florida. Venue is Proper in Palm Beach County, Florida because the contract, which forms the subject matter of this lawsuit, was executed in Palm Beach County, Florida, the subject **1** ----- ### property is located in Palm Beach County, Florida and Defendant has engaged in substantial and not isolated activity within Palm Beach County, Florida pursuant to Fla. Stat. §48. 193 (2). All conditions precedent to the filing of this lawsuit has occurred, have been waived, or have been performed. ### GENERAL ALLEGATIONS At all times material hereto, in consideration of a premium paid by Plaintiffs, ### there was in full force and effect a certain homeowners insurance policy issued by Defendant with a policy number of 04596765-1 (hereinafter referred to as “Policy”). Plaintiffs are not possession of a full copy of the insurance policy sued upon ### herein and is therefore unable to attach a copy of the entire policy that forms the basis of the Complaint. However, Plaintiffs hereby incorporates by reference the insurance policy pursuant to Fla. R. Civ. P. 1. 350(a). A copy of the Policy will be obtained via Discovery. Accordingly, under the terms of the Policy, the Defendant agreed to provide ### insurance coverage to Plaintiffs’ property against certain losses. The damaged property is located at 7892 Travels Tree Drive, Palm Beach County, Boca Raton, Florida 33433(hereinafter referred to as “Property”). On or about July 7, 2021, while the Policy was in full force and effect, the Property sustained damages due to Tropical Storm Elsa (hereinafter referred to as “Loss”) a ### covered peril under the policy. The high winds and rain produced by Tropical Storm Elsa damaged the roof causing water leaks throughout the home. The damage includes but is not ### limited to roof, living room, kitchen, hallway, front entry hallway, office, master bedroom, bedroom one, and general items. Shortly thereafter Plaintiffs reported the Loss to the Defendant. ----- Accordingly, Defendant assigned claim number and inspected the Property. Subsequently, Defendant failed to adequately indemnify Plaintiffs for the Loss. By its failure to tender an appropriate amount to repair the Property, Defendant ### has materially breached the Policy. Defendant has failed to properly indemnify Plaintiffs for their losses stemming from the Loss. Plaintiffs have suffered and continued to suffer damages resulting from ### Defendant’s breach of the Policy. Plaintiffs were obligated to retain the undersigned attorneys for the prosecution of ### this action and is entitled to reasonable attorneys’ fees pursuant to Fla. Stat. §627. 428. **COUNT** **I** **BREACH** **OF** **CONTRACT** Plaintiffs reincorporates paragraphs 1 through 15 as if fully set forth herein. It is undisputed that Plaintiffs and Defendant entered into a written contract, the Policy, wherein Plaintiffs agreed to pay a premium in exchange Defendant agreed to insure the Property. Plaintiffs have paid all premiums due and owing as contemplated by the Policy, ### thus, fully performing their obligation under the Policy. Further, at all times material hereto, Plaintiffs have satisfied all post-loss obligations accorded in the Policy, including but not limited to: (i) promptly reporting the Loss to Defendant; (ii) providing all documents in their possession and control; and (iii) making the ### property available for inspection. ----- Defendant has failed to properly indemnify Plaintiffs for their losses stemming ### from the covered peril. As a result of the foregoing, Defendant has breach the Policy. As a direct and proximate result of Defendant’s breach of the Policy, Plaintiffs ### have sustained damages. WHEREFORE, the Plaintiffs, RICARDO A RODRIQUEZ AND GABRIELA P ### PULJOS CIVIDANES, hereby demand judgment against the Defendant, CITIZENS PROPERTY INSURANCE CORPORATION, for damages, plus interest, court costs and reasonable attorneys’ fees pursuant to Florida Statute §627. 428, and that the drafts for insurance proceeds comply with Fla. Stat. § 627. 70121. **DEMAND** **FOR** **JURY** **TRIAL** The Plaintiffs demand a trial by jury of all issues so triable. ###d this 2nd day of February 2022 M. S. P. G. LAW GROUP, PA ### Attorney for the Plaintiffs 770 Ponce de Leon Blvd. , Suite 101 Coral Gables, FL 33134 Telephone: 305-444-1887 Facsimile: 305-666-8427 By: _/s/ Leo A. Manzanilla LEO A. MANZANILLA, ESQ. FLA BAR NO. : 0652921 ### For Service Document Only: Service@mspglawgroup. com -----

[Assistant] IN THE CIRCUIT COURT OF THE 15™ JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA GENERAL JURISDICTION DIVISION RICARDO A RODRIGUEZ AND GABRIELA P PULJOS CJVIDANES, Plaintiffs, vs. CITIZENS PROPERTY INSURANCE CORPORATION, Defendant. ### _________________________________I **PLAINTIFFS’** **FIRST** **REQUEST** **FOR** **PRODUCTION** **TO** **DEFENDANT** COMES NOW the Plaintiffs, RICARDO A RODRIGUEZ AND GABRIELA P PULJOS CIVIDANES, by and through their undersigned counsel, pursuant to Rule 1. 350 of the Florida Rules of Civil Procedure, hereby request Defendant CITIZENS PROPERTY INSURANCE CORPORATION, to furnish copies of the following documents to the offices of the undersigned attorney with in the time prescribed by law. 1) All insurance policies which you contend would provide or exclude coverage to the Plaintiff, together with any declaration of coverage page. 2) A sworn statement of a corporate officer of Defendant attesting to the coverage and authenticity ofthe policy. 3) All documents (including but not limited to checks, statements, receipts, letters, emails or other correspondence), reflecting any payment made to any person or entity for any reason as a result ofPlaintiff’s claim. 4) All tapes and/or transcripts of statements taken of Plaintiffs, including but not limited to Examinations Under Oath, affidavits and other statements of any kind regarding Plaintiffs’ claim. 5) All documents and/or correspondence between Plaintiffs and/or any representative of Plaintiffs, and any representative of Defendant regarding Plaintiffs’ claim. 6) All documents which support any Affirmative Defense raised by the Defendant. 7) All documents which support any of the Defendant’s denials of any allegations in the complaint. 8) All documents which you believe support the Plaintiffs’ claims. ----- 9) All reports and current curriculum vitae from any expert(s) retained for any reason regarding Plaintiffs’ claim. 10) All correspondence regarding the claim not contained within the claims file, including but not limited to email or other written documents of any kind or correspondence with Plaintiff, Plaintiffs’ counsel, experts, independent adjusters, appraisers, inspector, and any other third party, or to anyone in the company for which the Adjuster works or provides services. 11) All correspondence regarding the claim contained within the claims file, including but not limited to; email or other written documents of any kind or correspondence with Plaintiffs, Plaintiffs’ counsel, experts, independent adjusters, appraisers, inspectors, and any other third party, or to anyone in the company for which the Adjuster works or provides services. 12) All writings, memoranda, notes, or other materials reflecting examination ofPlaintiffs’ dwelling by Defendant or its agents, including before and after the subjectof loss as set forth in the Complaint. 13) All photographs or video depiction of Plaintiffs’ property in the possession of the Defendant or any agent of Defendant, both before and after theof loss as set forth in the Complaint. 14) All proofs of loss received by Defendant from Plaintiffs or any representative of Plaintiffs. 15) All estimates received by Defendant from any source for repairs to Plaintiffs’ residence. 16) All documents sent to any governmental agencies related to this claim, and/or the reason it has not been fully settled or paid. 17) All time sheets, or start/stop time indications for site visits at Plaintiffs’ property. 18) Any documents reflecting any scientific or other authority (e. g. , treatises, books, studies, software programs, etc. ) relied upon by the Defendant in adjusting the claim or determining any amount Defendant would or would not pay. 19) Any documents that would more fully explain why the Defendant has not paid this claim in the amount requested by the Plaintiffs. 20) Any lists of experts regularly utilized by the Adjuster with the accompanying information showing the specific expertise sufficient to properly evaluate the claim, or that is directed by Defendant to Adjuster for any kind of consideration in the selection of experts. 21) Copies of all documents evidencing payments made to Plaintiffs relating to this claim, including those that simply reference such payments or refusal to pay or any other kind of payment ----- ### or refusal to pay. 22) A copy of any and all inspection reports of Plaintiffs’ property. I HEREBY CERTIFY that a true and correct copy of the foregoing was served along ### with Summons and Complaint to CITIZENS PROPERTY INSURANCE CORPORATION. Respectfully Submitted. M. S. P. G. LAW GROUP, P. A. ### Attorney for the Plaintiffs 770 Ponce de Leon Blvd. , Suite 101 Coral Gables, FL 33134 Telephone: 305-444-1887 Facsimile: 305-666-8427 By: _/s/Leo_ _A. _ _Manzanilla, _ _Esq. _ LEO A. MANZANILLA, ESQ. FLA BAR NO. : 0652921 ### For Service Document Only: [Service@mspglawgroup. com](mailto:Service@mspglawgroup. com) -----