Filing # 173831374 E-Filed 05/23/2023 06:19:47 PM
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`
`
`In THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT
`IN AND FOR HILLSBOROUGH COUNTY, FLORIDA
`CIVIL DIVISION
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`
`MEIBEL SABOYA DIAZ,
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`
`
`vs.
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`SEAWORLD PARKS &
`ENTERTAINMENT LLC, D/B/A
`BUSCH GARDENS,
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`
`
`
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`Plaintiff,
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`Defendant.
`
`CASE NO.: 2023-CA-000499
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`
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` DIVISION: E
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`/
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`DEFENDANT SEAWORLD PARKS & ENTERTAINMENT LLC’S
`RESPONSES TO PLAINTIFF’S FIRST REQUEST FOR PRODUCTION
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`
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`Defendant SeaWorld Parks & Entertainment LLC (“SeaWorld”) makes the following
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`responses to Plaintiff’s First Request for Production served March 31, 2023.
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`REQUEST FOR PRODUCTION NO. 1:
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`Any and all statements of the Plaintiff taken and or in the possession of the defendant.
`RESPONSE:
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`
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`SeaWorld will produce the Guest Incident Report documenting Ms. Saboya Diaz’s report
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`of the subject accident, which was signed by a member of her party, and the Patient Care Report
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`regarding the first aid assistance provided to Plaintiff and statements she made at the scene.
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`Otherwise, none.
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`REQUEST FOR PRODUCTION NO. 2:
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`Any and all photographs, films, movies, video-tapes or other pictures of the Plaintiff, the
`injury scene and the subject premises (on the walkway near the SkeiKra ride) at Defendant’s
`premises on November 2, 2019 and any date thereafter.
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`RESPONSE:
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`SeaWorld will produce the surveillance video capturing the subject accident after
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`completion of Plaintiff’s deposition. See Dodson v. Persell, 390 So. 2d 704 (Fla. 1980) and
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`McClure v. Publix Super Markets, Inc., 124 So. 3d 998 (Fla. 4th DCA 2013). Beyond this,
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`SeaWorld objects to this request because it is vague, ambiguous, overbroad, not reasonably limited
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`in time, not limited to the location of the subject accident and asks for information that is not
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`relevant and not reasonably calculated to lead to the discovery of admissible evidence. Due to the
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`overbreadth, vagueness and ambiguity, SeaWorld cannot determine if this request is asking for
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`information that is protected from disclosure by the work product doctrine and, therefore, it also
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`objects on those grounds.
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`REQUEST FOR PRODUCTION NO. 3:
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`Any and all insurance policies (in full and certified under oath in accordance with the law)
`that may provide coverage to you for the facts and circumstances alleged in the complaint. This
`request includes but is not limited to any and all addenda, riders, amendments, conditions thereto,
`as well as any and all declaration sheets or pages.
`RESPONSE:
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`
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`SeaWorld has insurance coverage with a $1 million self-insured retention. Beyond this,
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`SeaWorld objects to this request because it seeks information that is confidential and proprietary
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`and asks for information that is not relevant and not reasonably calculated to lead to the discovery
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`of admissible evidence.
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`REQUEST FOR PRODUCTION NO. 4:
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`Any and all written or recorded statements made by any witness, defendant, and employee
`or agent of Defendant, in reference to the subject incident or in reference to the injuries received
`as a result of the subject incident.
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`RESPONSE:
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`
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`SeaWorld will produce the Guest Incident Report documenting Ms. Saboya Diaz’s report
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`of the subject accident, which was signed by a member of her party, and the Patient Care Report
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`regarding the first aid assistance provided to Plaintiff and statements she made at the scene. See
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`SeaWorld’s Privilege Log. Beyond this, SeaWorld objects to this request because it is vague,
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`ambiguous, overbroad, unduly burdensome, asks for information that is protected from disclosure
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`by the work product doctrine and asks for information that is not reasonably calculated to lead to
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`the discovery of admissible evidence. Due to the overbreadth, vagueness and ambiguity,
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`SeaWorld cannot determine if this request is asking for information that is protected from
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`disclosure by the attorney client privilege and, therefore, it also objects on those grounds.
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`REQUEST FOR PRODUCTION NO. 5:
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`Any and all contracts between the defendants and any company or person responsible for
`operating, securing or maintaining a slip resistant surface for defendant near the SkeiKra ride
`where Plaintiff is alleged to have fallen, as such contracts existed between November 2, 2017 and
`November 2, 2019.
`RESPONSE:
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`
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`None.
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`REQUEST FOR PRODUCTION NO. 6:
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`Copies of any and all lawsuits filed against you for alleged personal injuries or negligence
`specifically relating to the Plaintiff falling on the walkway near the SkeiKra ride.
`RESPONSE:
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`SeaWorld is not aware of any lawsuits filed against it in the three years before the subject
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`accident arising from substantially similar allegations as those made by Plaintiff herein. Beyond
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`this, SeaWorld objects to this request because it is vague, ambiguous, overbroad, unduly
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`burdensome, confusing, not limited in scope, not limited in time, not limited to the location of the
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`subject alleged accident, not limited to substantially similar incidents, not limited to substantially
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`similar injuries, assumes disputed facts, asks for information that is a matter of public record and
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`asks for information that is not relevant and not reasonably calculated to lead to the discovery of
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`admissible evidence. To the extent this request is asking for information after the date of the
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`subject alleged accident, SeaWorld further objects because the request is not reasonably calculated
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`to lead to the discovery of admissible evidence.
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`REQUEST FOR PRODUCTION NO. 7:
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`Any and all incident reports, photographs, video tapes, audio tapes, diagrams, illustrations,
`reproductions, witness statements, memoranda, forms, notes, correspondence, and any and all
`other documents which describe, refer to or depict any person and or Plaintiff falling on the
`walkway near the SkeiKra ride, and which occurred within three years before the subject incident
`and through the present date as of the time Defendant responds to this request.
`RESPONSE:
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`
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`SeaWorld objects to this request because it is vague, ambiguous, overbroad, unduly
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`burdensome, confusing, not limited in scope, not reasonably limited in time, not limited to the
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`location of the subject alleged accident, not limited to substantially similar incidents, not limited
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`to substantially similar injuries, asks for information that may violate the Health Insurance
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`Portability and Accountability Act (HIPAA), asks for information that violates the privacy rights
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`of individuals who are not parties to this lawsuit, asks for information that may violate the privacy
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`rights of minors and asks for information that is not relevant and not reasonably calculated to lead
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`to the discovery of admissible evidence. Due to the overbreadth, vagueness and ambiguity,
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`SeaWorld cannot determine if this request is asking for information that is protected from
`
`disclosure by the attorney client privilege or the work product doctrine and, therefore, it also
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`objects on those grounds. To the extent this request is asking for information after the date of the
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`subject alleged accident, SeaWorld further objects because the request is not reasonably calculated
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`to lead to the discovery of admissible evidence.
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`REQUEST FOR PRODUCTION NO. 8:
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`Any and all records, logs, diaries, calendars, work orders, invoices, receipts and any and
`all other documents which describe or refer to any cleaning or maintenance to the walkway near
`the SheiKra ride, in or around the area where the Plaintiff fell, and which were generated or
`received at any time within three years before the subject incident and to the present date.
`RESPONSE:
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`
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`SeaWorld will produce the relevant portions of the Stanleyville Park Quality Standard
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`Operating Procedures in effect on the date of the subject alleged accident subject to the entry of an
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`appropriate protective order. SeaWorld is not aware of any work orders or invoices related to
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`maintenance to the walkway surface in the location of the subject accident in the one year period
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`of time before the accident. Beyond this, SeaWorld objects to this request because it is vague,
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`ambiguous, overbroad, unduly burdensome, not limited in scope, not reasonably limited in time,
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`not limited to the location of the subject alleged accident, asks for information that is confidential
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`and proprietary and asks for information that is not relevant and not reasonably calculated to lead
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`to the discovery of admissible evidence. Due to the overbreadth, vagueness and ambiguity,
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`SeaWorld cannot determine if this request is asking for information that is protected from
`
`disclosure by the attorney client privilege or the work product doctrine and, therefore, it also
`
`objects on those grounds. To the extent this request is asking for information after the date of the
`
`subject alleged accident, SeaWorld further objects because the request is not reasonably calculated
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`to lead to the discovery of admissible evidence.
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`REQUEST FOR PRODUCTION NO. 9:
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`Any and all manuals, employee handbooks, brochures, training videos, and literature which
`describes or refers to rules, regulations, or policies of the Defendant in regard to Defendant or its
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`agents cleaning or maintaining the walkway near the SheiKra ride, in or around the area where the
`Plaintiff fell, from three years before the subject incident to the present date.
`RESPONSE:
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`
`
`SeaWorld will produce the relevant portion of the Stanleyville Park Quality Standard
`
`Operating Procedures in effect at the time of the subject alleged accident subject to the entry of an
`
`appropriate protective order. Beyond this, SeaWorld objects to this request because it is vague,
`
`ambiguous, overbroad, unduly burdensome, not limited in scope, not reasonably limited in time,
`
`not limited to the location of the subject alleged accident, asks for information that is confidential
`
`and proprietary and asks for information that is not relevant and not reasonably calculated to lead
`
`to the discovery of admissible evidence. To the extent this request is asking for information after
`
`the date of the subject alleged accident, SeaWorld further objects because the request is not
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`reasonably calculated to lead to the discovery of admissible evidence.
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`REQUEST FOR PRODUCTION NO. 10:
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`Any and all documents, including but not limited to invoices, work orders, purchase orders,
`payment records, check stubs, cancelled checks, and agreements, which relate or refer to any
`maintenance, repair, modification or reconstruction which occurred at any time within the last
`three years to the walkway near the SheiKra ride, in or around the area where the Plaintiff fell.
`RESPONSE:
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`
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`SeaWorld is not aware of any work orders or invoices related to maintenance to the
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`walkway surface in the location of the subject accident in the one year period of time before the
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`accident. Beyond this, SeaWorld objects to this request because it is vague, ambiguous, overbroad,
`
`unduly burdensome, not limited in scope, not reasonably limited in time, not limited to the location
`
`of the subject alleged accident, asks for information that is confidential and proprietary and asks
`
`for information that is not relevant and not reasonably calculated to lead to the discovery of
`
`admissible evidence. Due to the overbreadth, vagueness and ambiguity, SeaWorld cannot
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`determine if this request is asking for information that is protected from disclosure by the attorney
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`client privilege or the work product doctrine and, therefore, it also objects on those grounds. To
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`the extent this request is asking for information after the date of the subject alleged accident,
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`SeaWorld further objects because the request is not reasonably calculated to lead to the discovery
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`of admissible evidence.
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`REQUEST FOR PRODUCTION NO. 11:
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`Any and all memos or notices distributed to employees at any time in the last four years
`regarding cleaning and maintaining the walkway near the SheiKra ride, in or around the area where
`the Plaintiff fell.
`RESPONSE:
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`
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`See SeaWorld’s Response to Request No. 9. Otherwise, none.
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`REQUEST FOR PRODUCTION NO. 12:
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`Any and all time cards, payroll records, employee rosters, and other records which show,
`indicate or refer to the names, addresses, and titles of employees who were in or near the area of
`the incident on or about the time of the subject incident.
`RESPONSE:
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`SeaWorld objects to this request because it is vague, ambiguous, overbroad, unduly
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`burdensome, not limited in scope, not limited to the location of the subject alleged accident, asks
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`for information that invades the privacy rights of individuals who are not parties to this lawsuit,
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`asks for information that may invade the privacy rights of minors, asks for information that is
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`confidential and proprietary and asks for information that is not relevant and not reasonably
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`calculated to lead to the discovery of admissible evidence.
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`REQUEST FOR PRODUCTION NO. 13:
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`Any and all correspondence generated by or received from the liability insurance company
`or the insurance agent for the Defendant in reference to coverage or coverage dispute in reference
`to the subject incident.
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`7
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`RESPONSE:
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`
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`See SeaWorld’s Response to Request No. 3. Beyond this, SeaWorld objects to this request
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`because it is vague, ambiguous, overbroad, assumes disputed facts and asks for information that is
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`not relevant and not reasonably calculated to lead to the discovery of admissible evidence. Due to
`
`the overbreadth, vagueness and ambiguity, SeaWorld cannot determine if this request is asking for
`
`information that is protected from disclosure by the attorney client privilege or the work product
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`doctrine and, therefore, it also objects on those grounds.
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`REQUEST FOR PRODUCTION NO. 14:
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`Any and all notices, forms, citations, letters, and any and all other writings received from
`or sent to any local, state, or federal officials, agencies, administration or department generated at
`any time from five (5) years ago through the date on which these documents are produced, and
`which relate directly or indirectly to the Defendant’s or it agents cleaning, maintenance, repair or
`safety of the walkway near the SheiKra ride, in or around the area where the Plaintiff fell. The
`agencies, administrations or departments referred to in this request include but are not limited to
`the OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION (OSHA), and The United
`States Public Health Service (U.S.P.H.S.).
`RESPONSE:
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`None pertaining to the walkway in the splash zone near SheiKra in the three years before
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`the subject accident. Beyond this SeaWorld objects to this request because it is overbroad, unduly
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`burdensome, vague, ambiguous, not reasonably limited in time, not limited to the location of the
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`subject accident and asks for information that is not relevant and not reasonably calculated to lead
`
`to the discovery of admissible evidence. To the extent this request is asking for information after
`
`the date of the subject alleged accident, SeaWorld further objects because the request is not
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`reasonably calculated to lead to the discovery of admissible evidence.
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`REQUEST FOR PRODUCTION NO. 15:
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`Copies of all claim files maintained by you in the ordinary course of business for the subject
`incident, including any and all incident reports, internal memoranda, and/or correspondence
`concerning the subject incident.
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`8
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`RESPONSE:
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`
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`See SeaWorld’s Privilege Log. Beyond this, SeaWorld objects to this request because it is
`
`vague, ambiguous, overbroad, unduly burdensome, assumes disputed facts, asks for information
`
`that is protected from disclosure by the work product doctrine and the attorney client privilege and
`
`asks for information that is not relevant and not reasonably calculated to lead to the discovery of
`
`admissible evidence.
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`REQUEST FOR PRODUCTION NO. 16:
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`Copies of any and all incident reports, internal memorandum and correspondence
`concerning similar incidents that have occurred on the Defendant's premises in the past two years.
`RESPONSE:
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`
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`SeaWorld objects to this request because it is vague, ambiguous, overbroad, unduly
`
`burdensome, not limited in scope, not reasonably limited in time, not limited to the location of the
`
`subject alleged accident, not limited to substantially similar incidents, not limited to substantially
`
`similar injuries, asks for information that may violate the Health Insurance Portability and
`
`Accountability Act (HIPAA), asks for information that violates the privacy rights of individuals
`
`who are not parties to this lawsuit, asks for information that may violate the privacy rights of
`
`minors and asks for information that is not relevant and not reasonably calculated to lead to the
`
`discovery of admissible evidence. Due to the overbreadth, vagueness and ambiguity, SeaWorld
`
`cannot determine if this request is asking for information that is protected from disclosure by the
`
`attorney client privilege or the work product doctrine and, therefore, it also objects on those
`
`grounds. To the extent this request is asking for information after the date of the subject alleged
`
`accident, SeaWorld further objects because the request is not reasonably calculated to lead to the
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`discovery of admissible evidence.
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`CERTIFICATE OF SERVICE
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`I HEREBY CERTIFY that a true copy of the foregoing has been furnished to Amy K.
`
`Kenyon, Esq., Kenyon Law Group, P.L.L.C., 1215 Manatee Avenue West, Suite 105, Bradenton,
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`FL 34205 via e-mail to eservice@kenyonlawfirm.com (Attorneys for Plaintiff), this 23rd day of
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`May, 2023.
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`
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`
`
`s/ Carie L. Hall
`ROBERT L. BLANK, B.C.S.
`Florida Bar No. 0948497
`E-mail: rblanksecy@rumberger.com (primary)
`E-mail: docketingtpa@rumberger.com (secondary)
`CARIE L. HALL, ESQUIRE
`Florida Bar No. 0098984
`E-mail: chall@rumberger.com (primary)
`E-mail: docketingtpa@rumberger.com and
`challsecy@rumberger.com (secondary)
`RYAN S. BROWN, ESQUIRE
`Florida Bar No. 1003210
`E-mail: rbrown@rumberger.com (primary)
`E-mail: docketingtpa@rumberger.com and
`rbrownsecy@rumberger.com (secondary)
`RUMBERGER, KIRK & CALDWELL, P.A.
`100 North Tampa Street, Suite 2000
`Post Office Box 3390
`Tampa, Florida 33601-3390
`Telephone: (813) 223-4253
`Telecopier: (813) 221-4752
`Attorneys for SeaWorld Parks & Entertainment LLC
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