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Notice of Answer to Interrogatories

Document BEATRICE BENAROS VS HGIT CORAL GABLES, INC. ET AL, 2024-023984-CA-01, Doc-45-Notice-of-Answer-to-Interrogatories (Fla. 11th Cir. Ct. Feb. 25, 2025)
IN THE CIRCUIT COURT OF THE 11th
And LEGACY PARKING COMPANY, LLC Defendants, _______________________________/
COMES NOW the Plaintiff BEATRICE BENAROS, by and through her undersigned counsel and hereby files this Notice of Filing Answers to Defendant LEGACY PARKING COMPANY, LLC’S Expert Witness and Boecher Interrogatories.
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Answer to Cross Claim

Document BEATRICE BENAROS VS HGIT CORAL GABLES, INC. ET AL, 2024-023984-CA-01, Doc-39-Answer-to-Cross-Claim (Fla. 11th Cir. Ct. Feb. 18, 2025)
Answer
COMES NOW Defendant, LEGACY PARKING COMPANY, LLC, by and through undersigned counsel, and hereby serves its Answer and Affirmative Defenses response to Counter Plaintiff/Cross Defendant, HGIT CORAL GABLES, INC., d/b/a WILLOWICK RESIDENTIAL – LIFE TIME LIVING CORAL GABLES d/b/a JCH 2014 MANAGEMENT TRUST Counterclaim in the above styled action and states as follows:
Not a Partnership or Professional Corporation All attorneys are Employees of The Travelers Indemnity Company And its Property Casualty Affiliates
HGIT was itself negligent, in that it was placed on notice that the wheel stops were out of position prior to the subject accident, and did not correct their position in a reasonable time, which such negligence bars a claim for indemnification.
A wheel stop being out of place is not part of the contract between the parties “routine maintenance” by Legacy sued upon herein, and therefore HGIT is barred from bringing the subject suit.
The Defendant demands a trial by jury of all issues so triable as a matter of right.
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Answer and Counter Claim

Document BEATRICE BENAROS VS HGIT CORAL GABLES, INC. ET AL, 2024-023984-CA-01, Doc-27-Answer-and-Counter-Claim (Fla. 11th Cir. Ct. Jan. 27, 2025)
Answer
To the extent Cross Defendant, HGIT could be found liable to Legacy, Legacy’s negligence as to being aware of an emergency repair should relieve HGIT’s indemnification obligations.
Section 5.09 of the Agreement states: “Manager shall cause the Facility to be maintained in a clean and orderly manner in compliance with all applicable Laws and in accordance with reasonable standards prescribed by Owner, and shall supervise routine maintenance, repairs, and improvements….”
Section 11.01 of the Agreement states that “Manager agrees to Indemnify, defend and hold Owner…free and harmless from any and all claims, demands, liability…incurred by reason of negligent, willful or fraudulent act or omission by Manager.”
On July 1, 2021, Legacy and HGIT entered into a Parking Management Agreement for the subject premises where Plaintiff alleges her accident took place.
Legacy breached the Agreement by not making the emergency repair to the wheel stop Plaintiff allegedly sustained injuries on.
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ANSWER & AFFIRMATIVE DEFENSES

Document COHEN, REBECCA V JAMESTOWN PROPERTIES LLC, 50-2024-CA-012210-XXXA-MB, No. 13 (Florida State, Palm Beach County, Fifteenth Circuit Court Jan. 24, 2025)
Filing # 215233640 E-Filed 01/24/2025 08:00:49 AM NOT A CERTIFIED COPY FILED: PALM BEACH COUNTY, FL, JOSEPH ABRUZZO, CLERK, 01/24/2025 08:00:49 AM NOT A CERTIFIED COPY NOT A CERTIFIED COPY NOT A CERTIFIED COPY
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Answer and Demand for Jury Trial

Document BEATRICE BENAROS VS HGIT CORAL GABLES, INC. ET AL, 2024-023984-CA-01, Doc-24-Answer-and-Demand-for-Jury-Trial (Fla. 11th Cir. Ct. Jan. 21, 2025)
Motion for Jury Trial
COMES NOW Defendant, LEGACY PARKING COMPANY, LLC, by and through undersigned counsel, and hereby serves its Answer, Affirmative Defenses and Demand for Jury Trial in response to Plaintiff’s Complaint in the above styled action and states as follows:
If Plaintiff carried health insurance on the date of this accident or for any period of time afterward, yet obtained treatment pursuant to a letter of protection, as defined in F.S.
On July 1, 2021, Legacy and HGIT entered into a Parking Management Agreement for the subject premises where Plaintiff alleges her accident took place.
At all times material hereto, HGIT was operating, occupying, in possession and exclusive control and ownership of the entire premises, interior and exterior, and parking garage, where the accident is alleged to have occurred.
It reads, in relevant part, …11.02 Owner agrees to indemnity, defend, and hold Manager and its employees, directors, partners, shareholders and lenders free and harmless from any and all claims,
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Answer and Demand for Jury Trial

Document BEATRICE BENAROS VS HGIT CORAL GABLES, INC. ET AL, 2024-023984-CA-01, Doc-17-Answer-and-Demand-for-Jury-Trial (Fla. 11th Cir. Ct. Jan. 9, 2025)
Motion for Jury Trial
Admitted for jurisdictional and venue purposes only; denied as to the remainder, including as to any and all inferences of liability or damages.
Admitted for jurisdictional and venue purposes only; denied as to the remainder, including as to any and all inferences of liability or damages.
Admitted for jurisdictional and venue purposes only; denied as to the remainder, including as to any and all inferences of liability or damages
Defendant, HGIT did not have a duty to warn about any wheel stop, because such fixtures are situated in an open and obvious manner.
The Defendant, HGIT reserves its right to supplement its Affirmative Defenses, upon proper motion and notice, as discovery is on-going.
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Complaint

Document BEATRICE BENAROS VS HGIT CORAL GABLES, INC. ET AL, 2024-023984-CA-01, Doc-02-Complaint (Fla. 11th Cir. Ct. Dec. 18, 2024)
Complaint
This is an action for damages in excess of the sum of Fifty Thousand Dollars ($50,000.00), exclusive of interest and costs, and within the jurisdictional limits of this Court.
At all times material hereto, Defendant, HGIT was the owner of the subject commercial property, including the parking garage where Plaintiff’s incident occurred.
At the aforementioned-time and place, Defendant, HGIT breached its duty of care towards Plaintiff, BEATRICE BENAROS by committing one or more of the following negligent acts so as to cause Plaintiff’s injuries:
WHEREFORE, BEATRICE BENAROS, demands judgment against Defendant, THE HGIT for compensatory damages in excess of the jurisdictional limits of this Court, plus costs,
On the aforementioned-time and place, Defendant, LEGACY PARKING breached its duty of care towards Plaintiff, BEATRICE BENAROS by committing one or more of the following negligent acts so as to cause Plaintiff’s injuries:
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Notice of Production

Document BEATRICE BENAROS VS HGIT CORAL GABLES, INC. ET AL, 2024-023984-CA-01, Doc-52-Notice-of-Production (Fla. 11th Cir. Ct. Mar. 7, 2025)
Coral Gables, FL 33134 Baptist Health | Dr. Frantz Lerebours (Medical, Billing and Films) 1150 Campo San Ave.
Floor #3 Miami, FL 33146 Dr. Michael Swartzon and/or Baptist Health Orthopedic Institute (Medical, Billing and Films) 1150 Campo Sano Ave., #3 Coral Gables, FL 33146 Blue Cross and Blue Shield of Georgia (Insurance - Health) Legal Department Mail Stop GA081E-0007 6087 Technology Parkway Midland, GA 31820 Javier Alvarado, M.D.
and/or Doctor’s Hospital (Medical, Billing and Films) 5000 University Drive Coral Gables, FL 33146 Leticia Lopez, M.D.
and/or Doctor’s Hospital (Medical, Billing and Films) 5000 University Drive Coral Gables, FL 33146 Frantz R. Lerebours, M.D and/or Doctor’s Hospital (Medical, Billing and Films) 5000 University Drive Coral Gables, FL 33146 Charles Jordan, M.D.
Coral Gables, FL 33134 who are not a party to this suit, to produce the items listed by the method at the time and place specified in the subpoena.
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Notice of Taking Video Deposition

Document BEATRICE BENAROS VS HGIT CORAL GABLES, INC. ET AL, 2024-023984-CA-01, Doc-50-Notice-of-Taking-Video-Deposition (Fla. 11th Cir. Ct. Mar. 3, 2025)
Filing # 217905183 E-Filed 03/03/2025 11:07:42 AM IN THE CIRCUIT COURT OF THE 11th
And LEGACY PARKING COMPANY, LLC Defendants, _______________________________/
PLEASE TAKE NOTICE that the undersigned attorney will take the video deposition of: Location Deponent **Zoom link to be provided Jose Rafael Vazquez, by Universal Court to be produced by Defendant HGIT Coral Reporting Gables, Inc. upon oral examination before Universal Court Reporting or any other Notary Public or officer Date/Time Wednesday, April 23, 2025 at 1:30 p.m. authorized by law to take depositions in the State of Florida.
The oral examination will continue from day to day until completed.
The deposition is being taken for the purposes of discovery, for use at trial or for such other purposes as are permitted under the Rules of Court.
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Response to Request for Production

Document BEATRICE BENAROS VS HGIT CORAL GABLES, INC. ET AL, 2024-023984-CA-01, Doc-48-Response-to-Request-for-Production (Fla. 11th Cir. Ct. Feb. 27, 2025)
Without waiving said objection, a-c is none.
RESPONSE: None. 6.
RESPONSE: None. 7.
RESPONSE: None. 8.
RESPONSE: None. 9.
RESPONSE: None. 12.
RESPONSE: None. 16.
RESPONSE: None. 17.
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Response to Request for Admissions

Document BEATRICE BENAROS VS HGIT CORAL GABLES, INC. ET AL, 2024-023984-CA-01, Doc-47-Response-to-Request-for-Admissions (Fla. 11th Cir. Ct. Feb. 27, 2025)
COMES NOW Defendant, LEGACY PARKING COMPANY, LLC, by and through undersigned counsel and hereby files this Response to Plaintiff’s Request for Admissions dated January 28, 2025 and states as follows: 1.
Admit per the terms of the contract between Defendant, HGIT and LEGACY PARKING, loose wheel stop repairs were not considered routine maintenance.
Admit that prior to January 29, 2024, Defendant, LEGACY was aware of issues with the wheel stop glue being used at the subject parking garage.
Admit that prior to January 29, 2024, Defendant, LEGACY had issues and/or problems with various wheel stops not being secured to the ground throughout the subject parking garage.
Admit that prior to and on January 29, 2024, Defendant, LEGACY failed to correct the loose and/or unsecured wheel stop issues on the second floor of the subject parking garage.
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Response to Request for Production

Document BEATRICE BENAROS VS HGIT CORAL GABLES, INC. ET AL, 2024-023984-CA-01, Doc-41-Response-to-Request-for-Production (Fla. 11th Cir. Ct. Feb. 25, 2025)
IN THE CIRCUIT COURT OF THE 11th
And LEGACY PARKING COMPANY, LLC Defendants, _______________________________/
COMES NOW the Plaintiff BEATRICE BENAROS, by and through her undersigned
counsel hereby files this Notice of Filing Response to Defendant LEGACY PARKING COMPANY, LLC’S First Request for Production.
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Objections to Discovery

Document BEATRICE BENAROS VS HGIT CORAL GABLES, INC. ET AL, 2024-023984-CA-01, Doc-46-Objections-to-Discovery (Fla. 11th Cir. Ct. Feb. 25, 2025)
“The trial court lacks any discretion in the interpretation, as opposed to the application, of the Florida Rules of Civil Procedure.” Fihe v. Rexall Sundown, Inc., 966 So.2d 415 (Fla. 4th DCA 2007); Castaneda ex rel.
The Defendant reserves its objections to any and all interrogatories as the ones propounded, though not in compliance with the rules, still remain objectionable on other grounds.
“Information sought in discovery must relate to the issues involved in the litigation, as framed in all pleadings.” Diaz-Verson v. Walbridge Aldinger Co. 54 So.3d 1007 (Fla. 2d DCA 2010) (quoting Krypton Broad.
By way of example, and not limited to, interrogatory number 10 asks, “Did any person employed by, affiliated with, or acting on behalf of the Defendant receive any complaint, warning, or other disciplinary action, including termination, following their involvement in the Subject Incident?
Interrogatory 12 asks “Describe with specificity all policies, procedures, training, instructions, and/or guidelines that were in effect on the Date of Incident for maintaining and repairing the parking garage floors, areas of the Subject Premises.” This question is not supported by the allegations of the complaint.
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Response to Request for Admissions

Document BEATRICE BENAROS VS HGIT CORAL GABLES, INC. ET AL, 2024-023984-CA-01, Doc-43-Response-to-Request-for-Admissions (Fla. 11th Cir. Ct. Feb. 25, 2025)
IN THE CIRCUIT COURT OF THE 11th
And LEGACY PARKING COMPANY, LLC Defendants, _______________________________/
COMES NOW the Plaintiff BEATRICE BENAROS, by and through her undersigned
counsel and hereby files this Notice of Reply to Defendant LEGACY PARKING COMPANY, LLC’S Request for Admissions.
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Notice of Unavailability/absence

Document BEATRICE BENAROS VS HGIT CORAL GABLES, INC. ET AL, 2024-023984-CA-01, Doc-40-Notice-of-Unavailabilityabsence (Fla. 11th Cir. Ct. Feb. 18, 2025)
Filing # 216992262 E-Filed 02/18/2025 09:59:11 AM IN THE CIRCUIT COURT OF THE 11th
And LEGACY PARKING COMPANY, LLC Defendants, _______________________________/
NOTICE IS HEREBY GIVEN that the undersigned counsel for Plaintiff will be unavailable from March 21, 2025 through March 29, 2025.
The undersigned counsel respectfully requests that no events be scheduled, and no hearings, depositions, motions, trials or other pleadings be filed which require a timely response during this time.
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