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Filing # 104320817 E-Filed 03/04/2020 12:33:06 PM
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR CHARLOTTE COUNTY, FLORIDA
CIVIL DIVISION
CASE No.: 18-000223-CA
DANIEL SHELATZ and ALYN SHELATZ,
Plaintiffs,
vs.
PUNTA GORDA HMA, LLC d/b/a BAYFRONT
HEALTH PUNTA GORDA,
Defendant.
DEFENDANT’S, PUNTA GORDA HMA, LLC d/b/a BAYFRONT HEALTH PUNTA
GORDA, MOTION FOR TAXATION OF COSTS
Defendant, PUNTA GORDA HMA, LLC d/b/a BAYFRONT HEALTH PUNTA
GORDA, by and through undersigned counsel, and pursuant to Section 57.041, Florida
Statutes and Rule 1.525, Florida Rules of Civil Procedure, hereby moves this Honorable
Court for entry of an Order taxing costs in favor of Defendant, and against the
Plaintiffs, DANIEL SHELATZ and ALYN SHELATZ, and as grounds therefore, states the
following:
1 On February 3, 2020, this Court granted Defendant’s Renewed Motion
for Directed Verdict, vacated the verdict entered by the jury on November 7, 2019,
dismissed all of Plaintiffs’ claims, and entered Judgment in favor of Defendant. (A
copy of the Court’s Order is attached hereto as ExhibitA}
2 Likewise, in accordance with Exhibit A, the Court retained jurisdiction
of the action for purposes of entering additional Orders, if necessary, such as taxation
of costs and attorney’s fees awardable from this action.
3 Pursuant to Section 57.041, Florida Statutes, upon receiving a verdict and
Judgment in this action, Defendant is entitled to recover all legal costs and charges,
which shail be included in the Judgment, that are so taxable in accordance with the
Statewide Uniform Guidelines for Taxation of Costs in Civil Actions, as adopted by the
Florida Supreme Court. The Defendant's right to recover taxable costs is absolute, as
along as Defendant complies with the timeline requirements of Rule 1.525, Florida
Rules of Civil Procedure. See e.g. Reinke v. Wal-Mart Stores, Inc, 773 So. 2d 592 (Fla.
1st DCA 2000); and Sunshine Bottling Company v. Tropicana Products, Inc, 757 So.
2d 1231 (Fla. 3d DCA 2000).
4 The Defendant has incurred reasonable costs in an amount of
$34,449.65 in this action, which Defendant contends were reasonably necessary to
defend this case. Defendant has attached an itemization of costs in support of this
Motion. (A copy of the Defendant's Itemization of Costs is attached hereto as
ExhibitB)
5 Moreover, the Defendant respectfully requests the Court to award post-
judgment interest on any Final Judgment for Taxable Costs and/or Order Assessing
Taxable Costs, and which, shall accrue daily from the date Judgment was entered in
favor of Defendant (February 3, 2020), and continue accruing in accordance with any
Page |2 of 5
statutory annual adjustments pursuant to Section 55.03, Florida Statutes, until such
time when the judgment is paid in full.
6. Next, in accordance with Rule 1.560, Florida Rules of Civil Procedure, the
Defendant requests the Court to have Plaintiffs (as judgment debtors) complete
under oath, Form 1.977, Florida Rules of Civil Procedure (Fact Information Sheet), and
serve said Form on the Defendant’s attorneys, including all required attachments,
within forty-five (45) days from the date of Defendant's Final Judgment, unless the
Final Judgment has already been satisfied.
7. Finally, the Defendant requests this Court to retain jurisdiction to enter
further Orders that are proper and necessary, including jurisdiction to compel the
Plaintiffs (as judgment debtors) to complete Form 1.977, and all required
attachments thereto, if such action becomes necessary to effectuate collection of
Defendant's Final Judgment.
WHEREFORE, Defendant, PUNTA GORDA HMA, LLC d/b/a BAYFRONT
HEALTH PUNTA GORDA, requests this Honorable Court to enter an Order taxing costs
in the amount of $34,449.65 against Plaintiffs, DANIEL SHELATZ and ALYN
SHELATZ, for the benefit of Defendant, PUNTA GORDA HMA, LLC d/b/a BAYFRONT
HEALTH PUNTA GORDA, including statutory interest accruing daily thereon since
entry of Final Judgment pursuant to Section 55.03, Florida Statutes; and any additional
relief this Court deems just and appropriate.
Page [3 of 5
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that I electronically filed the foregoing with the Clerk of
Court on this 4th day of March 2020, using the Florida Courts e-Filing Portal which
will send a notice of electronic filing as identified in the attached Service List.
LA CAVA & JACOBSON, P.A.
Attorneys for Defendant, Bayfront Health Punta Gorda
2590 Northbrooke Plaza Drive, Suite 307
Naples, Florida 34119
Telephone : 239.300.9679
Facsimile : 239.734.3546
oy A. KEVIN
MEAHOUSTON,
py ESQ.
Florida Bar No: 0610321
KARI K. JACOBSON, ESQ.
Florida Bar No. 961167
khouston@lacavajacobson.com
kkkeyte. cavajacobson.com
jserrano@lacavajacobson.com
Page |40f5
SERVICE LIST
Christopher D. Gray, Esq.
Hunter Higdon, Esq.
Florin Gray Bouzas Owens, LLC
16524 Pointe Village Drive, Suite 100
Lutz, FL 33558
Phone 727.254.5255
Fax : 727.483.7942
chris@fgbolaw.com
debbie@fgbolaw.com
hunter@fgbolaw.com
Counsel for Plaintiff
Page |5o0f5
Filing # 102650566 E-Filed 02/03/2020 02:36:21 PM
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL
CIRCUIT
IN AND FOR CHARLOTTE COUNTY, FLORIDA
CIVIL DIVISION
CASE No.: 18-000223-CA
DANIEL SHELATZ and ALYN SHELATZ,
Plaintiffs,
vs.
PUNTA GORDA HMA, LLC d/b/a BAYFRONT
HEALTH PUNTA GORDA,
Defendant.
ORDER ON DEFENDANT’S RENEWED MOTION FOR DIRECTED VERDICT: OR IN
THE ALTERNATIVE, MOTION FOR NEW TRIAL
AND JUDGMENT FOR DEFENDANT
THIS CAUSE having come before the Court on Defendant’s, PUNTA GORDA HMA,
LLC d/b/a BAYFRONT HEALTH PUNTA GORDA, Renewed Motion for Directed Verdict; or
in the Alternative Motion for New Trial, and the Court having heard arguments of counsel and
being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED:
The Defendant’s Renewed Motion for Directed Verdict is hereby GRANTED; and in
reaching this decision, the Court makes the following findings of fact and conclusions of law:
1 During the trial of this cause, and at the close of Plaintiffs case in chief, the
Defendant’s presented a Motion for Directed Verdict, and in accordance with Rule 1.480(b),
Florida Rules of Civil Procedure, the Court reserved ruling on Defendant’s motion and allowed
the trial to proceed.
2 The trial of this cause concludedto a jury verdict on November 7, 2019, finding
Defendant 10% negligent and at the conclusion of trial, the Court advised all parties and counsel
EXHIBIT
2
ap
that it would address any and ali pending rulings and other procedural matters at a later date and
time.
3 On November 22, 2019, the Defendant timely filed a Renewed Motion for Directed
Verdict with attachments that included documentary evidence presented at trial, and the transcripts
of swom trial testimony from several key witnesses, including Plaintiff, DANIEL SHELATZ.
4 Upon reviewing the Defendant’s Renewed Motion for Directed Verdict, all
attachments and relevant trial testimony cited therein, along with trial testimony of Plaintiff,
DANIEL SHELATZ, this Court finds the following facts:
a) Prior to October 14, 2017, Air Mechanical Service Corporation (“AMSCO”)
entered into a written construction service agreement with Defendant as an
independent contractor for the purpose of replacing multiple HVAC units
located on the roof of its hospital;
b) Plaintiff, DANIEL SHELATZ, was employed by AMSCO and assigned as the
project manager for the subject HVAC construction project being performed on
Defendant’s hospital roof;
°) Plaintiff, DANIEL SHELATZ, testified that as the project manager for
AMSCO he is responsible for making sure that AMSCO’s employees conduct
their work on Defendant’s hospital roof in a safe manner and in accordance with
AMSCO’s safety protocols;
a) Plaintiff, DANIEL SHELATZ, testified that on more than one occasion during
the subject HVAC construction project, he went up and physically walked on
the Defendant’s hospital roof to perform certain tasks, including inspecting the
roof for potential safety hazards, determining which HVAC units the Defendant
Page |2 of 2
needed replaced, deciding whether any temporary ductwork would need to be
ordered, and if so, take measurements and determine how and where the
ductwork would be placed on the roof and stretched between the HVAC units;
8) Plaintiff, DANIEL SHELATZ, testified that the area where AMSCO placed and
ran the temporary ductwork on the hospital roof would be considered part of
AMSCO’s construction work area or work zone;
Plaintiff, DANIEL SHELATZ, testified and acknowledged that prior to the day
of his accident, he did see and was aware of the unprotected leading edge of the
hospital roof where he stepped off and fell on October 14, 2017.
5. Therefore, after evaluating all of the facts, evidence, and testimony presented at
trial in a light most favorable to the Plaintiff, including allowing every reasonable inference that
could be deduced therefrom, this Court finds there is no view to support a verdict for Plaintiff,
DANIEL SHELATZ, in this cause. In reaching this conclusion, the Court relies upon the legal
standard for granting a motion for directed verdict under Rule 1.480, Florida Rules of Civil
Procedure and prior judicial precedence. See Sims v. Cristinzio, 898 So. 2d 1004 (Fla. 2d DCA
2005); Williamson v. Superior Insurance Company, 746 So. 2d 483 (Fla. 2d DCA 2003); and
Jacobs v. Westgate, 766 So.2d 1175 (Fla. 3d DCA 2000).
6. Duty to warn was a hotly contested issue in this case and briefed extensively. In
accordance with well-settled Florida law dealing with similar types of facts and issues, this Court
concludes that Plaintiff's claims presented at trial fail as a matter of law as the Defendant did not
owe Plaintiff any legal duty to warn him about the alleged dangerous condition at issue in this
cause prior to Plaintiff's accident because Plaintiff had the same knowledge. Therefore, Defendant
is entitled to a directed verdict and entry of judgment in its favor on all said claims. In reaching
Page [3 of 3
this conclusion, the Court relies upon the legal rationale and prior judicial precedent established in
the following Florida decisions: Sterling Financial and Management, Inc. v. Gitenis, 117 So. 3d
790 (Fla. 4th DCA 2013); Strickland v. Timco Aviation Services, Inc., 66 So.3d 1002 (Fla. Ist
DCA 2011); Morales v. Weil, 44 So.3d 173 (Fla. 4th DCA 2010); Johnson v. Boca Raton
Community Hospital, 985 So. 2d 593 (Fla. 4th DCA 2008); Pertl v. Exit Information Guide, Inc.,
708 So.2d 956 (Fla. 1st DCA 1997); and Ahl v. Stone Southwest, Inc., 666 So. 2d 922 (Fla. 1st
DCA 1995).
7. Accordingly, Defendant's Renewed Motion for Directed Verdict is GRANTED,
and as such, the Defendant’s alternate Motion for New Trial is hereby moot.
8. The jury’s VERDICT dated November 7, 2019, is hereby VACATED, with a
VERDICT to be entered in favor of the Defendant.
9. The Plaintiff's, DANIEL SHELATZ and ALYN SHELATZ, shall take nothing by
this action and Defendant, PUNTA GORDA HMA, LLC d/b/a BAYFRONT HEALTH PUNTA
GORDA, shall go hence without day.
10. The Court retains jurisdiction of this action to enter such further orders as are
proper, including, without limitation, the taxation of attorney's fees and costs.
DONE AND ORDERED
venennnmnn 13/2020 14:38:57 .MDVOpdT see
Electronic Service List
Andrew Kevin Houston ,
Nita Serrano
Page |4 of 4
Christopher David Gray , ,
Hunter Higdon , ,
Donna Tisch , ,
Hunter Alston Higdon , ,
Scott L. Terry , ,
Page |5 of §
SHELATZ vs. BAYFRONT HEALTH PUNTA GORDA
ITEMIZATION
DEPOSITIONS/COURT REPORTERS’ FEES/MEDIATION FEES:
DATE DESCRIPTION AMOUNT
MCS Group, Inc. - court reporter, conference room &
02/06/2019 videographer for Dan Shelatz deposition on 1/7/2019
$947.45
Anthem Reporting - deposition transcripts of Roger
03/29/2019 McMillian & Jeffrey Houck on 03/25/2019
$489.55
MCS Group, Inc. - subpoena service for Owen Bower
04/17/2019 deposition
$64.00
MCS Group, Inc. - subpoena service for Gus Garza
04/17/2019 deposition
$64.00
MCS Group, Inc. - conference rooms for depositions of:
Owen Bower & Gus Garza (03/26/2019) and Wayne
04/23/2019 Young, Homer Martinez, & Mark Castellano
$542.50
(04/09/2019)
MCS Group, Inc. - court reporter; videographer; and
05/07/2019 transcript Owen Bower & Gus Garza (04/09/2019)
$1,256.20
Anthem Reporting -Marc Castellano deposition
06/26/2019 $280.65
transcript taken on 03/26/2019
US Legal Support - conference room for mediation on
07/16/2019 07/12/2019
$235.04
07/19/2019 Donna Tisch, Inc. ~ mediator fee on 07/12/2019 $600.00
Anthem Reporting - deposition transcripts for Wayne
07/24/2019 Young & Homer Martinez (03/26/2019)
$753.20
MCS Group, Inc. - court reporter & transcript Traci
10/21/2019 Campbell taken on 10/08/2019
$952.83
MCS Group, Inc. - court reporter fee for hearing on
10/23/2019 Motion for Bifurcation (10/14/2019)
$75.00
MCS Group, Inc. ~ hearing transcript on all pending
11/11/2019 motions (11/04/2019)
$1,300.00
Patsy Halliday - transcript for Roy Wadding
11/19/2019 (20/29/2019)
$82.50
Patsy Halliday ~ transcript for Juliet Gridley
11/19/2019 (10/25/2019)
$82.25
12/03/2019 MCS Group - trial transcript $6,176.50
$13,901.67
EXHIBIT
8
EXPERT WITNESS FEES:
DATE DESCRIPTION AMOUNT
Quality Forensic Engineering - Deposition fee for Traci
10/10/2019 Campbell (Plaintiffs’ expert)
$1,000.00
SEA Expert, Juliet Gridley - deposition & exhibit
10/24/2019 preparation
$2,100.00
10/28/2019 SEA Expert, Roy Wadding - deposition preparation $1,584.00
10/29/2019 SEA Expert, Roy Wadding - trial preparation $1,116.00
11/06/2019 SEA Expert, Roy Wadding - trial preparation $2,880.00
11/06/2019 SEA Expert, Roy Wadding - mileage $192.40
11/06/2019 SEA Expert, Roy Wadding - tolls $9.00
11/06/2019 SEA Expert, Roy Wadding - hotel $131.04
11/06/2019 SEA Expert, Juliet Gridley - trial preparation $2,400.00
11/06/2019 SEA Expert, Juliet Gridley - Hotel Room $131.04
11/07/2019 SEA Expert, Juliet Gridley - trial testimony $1,800.00
11/07/2019 SEA Expert, Roy Wadding - trial testimony $2,880.00
$16,223.48
DOCUMENTS AND EXHIBITS:
DATE DESCRIPTION AMOUNT
07/31/2019 MCS Group, Inc. - records from Dr. Jen Lian $132.18
09/30/2019 MCS Group, Inc. - records from Fawcett Memorial $197.14
08/15/2019 MCS Group, Inc. - records from Get Well Therapy $196.00
08/19/2019 MCS Group, Inc. - records from AMSCO $49.94
08/20/2019 MCS Group, Inc. - records from Neurosurgical Associates $147.92
08/22/2019 MCS Group, Inc. - records from Pinellas Physiatry $110.98
$834.16
TRIAL:
DATE DESCRIPTION AMOUNT
MCS Group, Inc. - conference room for pre-trial
10/29/2019 conferences with hospital representatives Roger $271.25
McMillian, Jeffrey Houck & Jim Reed
MCS Group, Inc. - conference room for pre-trial
11/11/2019 conferences with AMSCO employees Glenn Hughes & $187.50
Timothy Peacock (10/31/2019)
11/15/2019 Trial Exhibits, Inc, - trial exhibits $1,810.59
Photocopies (Black & White) $471.00
Photocopies (Color) $750.19
$3,490.53
[ GRAND TOTAL | $34,449.84 |
Preview
Filing # 104320817 E-Filed 03/04/2020 12:33:06 PM IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR CHARLOTTE COUNTY, FLORIDA CIVIL DIVISION CASE No.: 18-000223-CA DANIEL SHELATZ and ALYN SHELATZ, Plaintiffs, vs. PUNTA GORDA HMA, LLC d/b/a BAYFRONT HEALTH PUNTA GORDA, Defendant. DEFENDANT’S, PUNTA GORDA HMA, LLC d/b/a BAYFRONT HEALTH PUNTA GORDA, MOTION FOR TAXATION OF COSTS Defendant, PUNTA GORDA HMA, LLC d/b/a BAYFRONT HEALTH PUNTA GORDA, by and through undersigned counsel, and pursuant to Section 57.041, Florida Statutes and Rule 1.525, Florida Rules of Civil Procedure, hereby moves this Honorable Court for entry of an Order taxing costs in favor of Defendant, and against the Plaintiffs, DANIEL SHELATZ and ALYN SHELATZ, and as grounds therefore, states the following: 1 On February 3, 2020, this Court granted Defendant’s Renewed Motion for Directed Verdict, vacated the verdict entered by the jury on November 7, 2019, dismissed all of Plaintiffs’ claims, and entered Judgment in favor of Defendant. (A copy of the Court’s Order is attached hereto as ExhibitA} 2 Likewise, in accordance with Exhibit A, the Court retained jurisdiction of the action for purposes of entering additional Orders, if necessary, such as taxation of costs and attorney’s fees awardable from this action. 3 Pursuant to Section 57.041, Florida Statutes, upon receiving a verdict and Judgment in this action, Defendant is entitled to recover all legal costs and charges, which shail be included in the Judgment, that are so taxable in accordance with the Statewide Uniform Guidelines for Taxation of Costs in Civil Actions, as adopted by the Florida Supreme Court. The Defendant's right to recover taxable costs is absolute, as along as Defendant complies with the timeline requirements of Rule 1.525, Florida Rules of Civil Procedure. See e.g. Reinke v. Wal-Mart Stores, Inc, 773 So. 2d 592 (Fla. 1st DCA 2000); and Sunshine Bottling Company v. Tropicana Products, Inc, 757 So. 2d 1231 (Fla. 3d DCA 2000). 4 The Defendant has incurred reasonable costs in an amount of $34,449.65 in this action, which Defendant contends were reasonably necessary to defend this case. Defendant has attached an itemization of costs in support of this Motion. (A copy of the Defendant's Itemization of Costs is attached hereto as ExhibitB) 5 Moreover, the Defendant respectfully requests the Court to award post- judgment interest on any Final Judgment for Taxable Costs and/or Order Assessing Taxable Costs, and which, shall accrue daily from the date Judgment was entered in favor of Defendant (February 3, 2020), and continue accruing in accordance with any Page |2 of 5 statutory annual adjustments pursuant to Section 55.03, Florida Statutes, until such time when the judgment is paid in full. 6. Next, in accordance with Rule 1.560, Florida Rules of Civil Procedure, the Defendant requests the Court to have Plaintiffs (as judgment debtors) complete under oath, Form 1.977, Florida Rules of Civil Procedure (Fact Information Sheet), and serve said Form on the Defendant’s attorneys, including all required attachments, within forty-five (45) days from the date of Defendant's Final Judgment, unless the Final Judgment has already been satisfied. 7. Finally, the Defendant requests this Court to retain jurisdiction to enter further Orders that are proper and necessary, including jurisdiction to compel the Plaintiffs (as judgment debtors) to complete Form 1.977, and all required attachments thereto, if such action becomes necessary to effectuate collection of Defendant's Final Judgment. WHEREFORE, Defendant, PUNTA GORDA HMA, LLC d/b/a BAYFRONT HEALTH PUNTA GORDA, requests this Honorable Court to enter an Order taxing costs in the amount of $34,449.65 against Plaintiffs, DANIEL SHELATZ and ALYN SHELATZ, for the benefit of Defendant, PUNTA GORDA HMA, LLC d/b/a BAYFRONT HEALTH PUNTA GORDA, including statutory interest accruing daily thereon since entry of Final Judgment pursuant to Section 55.03, Florida Statutes; and any additional relief this Court deems just and appropriate. Page [3 of 5 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I electronically filed the foregoing with the Clerk of Court on this 4th day of March 2020, using the Florida Courts e-Filing Portal which will send a notice of electronic filing as identified in the attached Service List. LA CAVA & JACOBSON, P.A. Attorneys for Defendant, Bayfront Health Punta Gorda 2590 Northbrooke Plaza Drive, Suite 307 Naples, Florida 34119 Telephone : 239.300.9679 Facsimile : 239.734.3546 oy A. KEVIN MEAHOUSTON, py ESQ. Florida Bar No: 0610321 KARI K. JACOBSON, ESQ. Florida Bar No. 961167 khouston@lacavajacobson.com kkkeyte. cavajacobson.com jserrano@lacavajacobson.com Page |40f5 SERVICE LIST Christopher D. Gray, Esq. Hunter Higdon, Esq. Florin Gray Bouzas Owens, LLC 16524 Pointe Village Drive, Suite 100 Lutz, FL 33558 Phone 727.254.5255 Fax : 727.483.7942 chris@fgbolaw.com debbie@fgbolaw.com hunter@fgbolaw.com Counsel for Plaintiff Page |5o0f5 Filing # 102650566 E-Filed 02/03/2020 02:36:21 PM IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR CHARLOTTE COUNTY, FLORIDA CIVIL DIVISION CASE No.: 18-000223-CA DANIEL SHELATZ and ALYN SHELATZ, Plaintiffs, vs. PUNTA GORDA HMA, LLC d/b/a BAYFRONT HEALTH PUNTA GORDA, Defendant. ORDER ON DEFENDANT’S RENEWED MOTION FOR DIRECTED VERDICT: OR IN THE ALTERNATIVE, MOTION FOR NEW TRIAL AND JUDGMENT FOR DEFENDANT THIS CAUSE having come before the Court on Defendant’s, PUNTA GORDA HMA, LLC d/b/a BAYFRONT HEALTH PUNTA GORDA, Renewed Motion for Directed Verdict; or in the Alternative Motion for New Trial, and the Court having heard arguments of counsel and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED: The Defendant’s Renewed Motion for Directed Verdict is hereby GRANTED; and in reaching this decision, the Court makes the following findings of fact and conclusions of law: 1 During the trial of this cause, and at the close of Plaintiffs case in chief, the Defendant’s presented a Motion for Directed Verdict, and in accordance with Rule 1.480(b), Florida Rules of Civil Procedure, the Court reserved ruling on Defendant’s motion and allowed the trial to proceed. 2 The trial of this cause concludedto a jury verdict on November 7, 2019, finding Defendant 10% negligent and at the conclusion of trial, the Court advised all parties and counsel EXHIBIT 2 ap that it would address any and ali pending rulings and other procedural matters at a later date and time. 3 On November 22, 2019, the Defendant timely filed a Renewed Motion for Directed Verdict with attachments that included documentary evidence presented at trial, and the transcripts of swom trial testimony from several key witnesses, including Plaintiff, DANIEL SHELATZ. 4 Upon reviewing the Defendant’s Renewed Motion for Directed Verdict, all attachments and relevant trial testimony cited therein, along with trial testimony of Plaintiff, DANIEL SHELATZ, this Court finds the following facts: a) Prior to October 14, 2017, Air Mechanical Service Corporation (“AMSCO”) entered into a written construction service agreement with Defendant as an independent contractor for the purpose of replacing multiple HVAC units located on the roof of its hospital; b) Plaintiff, DANIEL SHELATZ, was employed by AMSCO and assigned as the project manager for the subject HVAC construction project being performed on Defendant’s hospital roof; °) Plaintiff, DANIEL SHELATZ, testified that as the project manager for AMSCO he is responsible for making sure that AMSCO’s employees conduct their work on Defendant’s hospital roof in a safe manner and in accordance with AMSCO’s safety protocols; a) Plaintiff, DANIEL SHELATZ, testified that on more than one occasion during the subject HVAC construction project, he went up and physically walked on the Defendant’s hospital roof to perform certain tasks, including inspecting the roof for potential safety hazards, determining which HVAC units the Defendant Page |2 of 2 needed replaced, deciding whether any temporary ductwork would need to be ordered, and if so, take measurements and determine how and where the ductwork would be placed on the roof and stretched between the HVAC units; 8) Plaintiff, DANIEL SHELATZ, testified that the area where AMSCO placed and ran the temporary ductwork on the hospital roof would be considered part of AMSCO’s construction work area or work zone; Plaintiff, DANIEL SHELATZ, testified and acknowledged that prior to the day of his accident, he did see and was aware of the unprotected leading edge of the hospital roof where he stepped off and fell on October 14, 2017. 5. Therefore, after evaluating all of the facts, evidence, and testimony presented at trial in a light most favorable to the Plaintiff, including allowing every reasonable inference that could be deduced therefrom, this Court finds there is no view to support a verdict for Plaintiff, DANIEL SHELATZ, in this cause. In reaching this conclusion, the Court relies upon the legal standard for granting a motion for directed verdict under Rule 1.480, Florida Rules of Civil Procedure and prior judicial precedence. See Sims v. Cristinzio, 898 So. 2d 1004 (Fla. 2d DCA 2005); Williamson v. Superior Insurance Company, 746 So. 2d 483 (Fla. 2d DCA 2003); and Jacobs v. Westgate, 766 So.2d 1175 (Fla. 3d DCA 2000). 6. Duty to warn was a hotly contested issue in this case and briefed extensively. In accordance with well-settled Florida law dealing with similar types of facts and issues, this Court concludes that Plaintiff's claims presented at trial fail as a matter of law as the Defendant did not owe Plaintiff any legal duty to warn him about the alleged dangerous condition at issue in this cause prior to Plaintiff's accident because Plaintiff had the same knowledge. Therefore, Defendant is entitled to a directed verdict and entry of judgment in its favor on all said claims. In reaching Page [3 of 3 this conclusion, the Court relies upon the legal rationale and prior judicial precedent established in the following Florida decisions: Sterling Financial and Management, Inc. v. Gitenis, 117 So. 3d 790 (Fla. 4th DCA 2013); Strickland v. Timco Aviation Services, Inc., 66 So.3d 1002 (Fla. Ist DCA 2011); Morales v. Weil, 44 So.3d 173 (Fla. 4th DCA 2010); Johnson v. Boca Raton Community Hospital, 985 So. 2d 593 (Fla. 4th DCA 2008); Pertl v. Exit Information Guide, Inc., 708 So.2d 956 (Fla. 1st DCA 1997); and Ahl v. Stone Southwest, Inc., 666 So. 2d 922 (Fla. 1st DCA 1995). 7. Accordingly, Defendant's Renewed Motion for Directed Verdict is GRANTED, and as such, the Defendant’s alternate Motion for New Trial is hereby moot. 8. The jury’s VERDICT dated November 7, 2019, is hereby VACATED, with a VERDICT to be entered in favor of the Defendant. 9. The Plaintiff's, DANIEL SHELATZ and ALYN SHELATZ, shall take nothing by this action and Defendant, PUNTA GORDA HMA, LLC d/b/a BAYFRONT HEALTH PUNTA GORDA, shall go hence without day. 10. The Court retains jurisdiction of this action to enter such further orders as are proper, including, without limitation, the taxation of attorney's fees and costs. DONE AND ORDERED venennnmnn 13/2020 14:38:57 .MDVOpdT see Electronic Service List Andrew Kevin Houston , Nita Serrano Page |4 of 4 Christopher David Gray , , Hunter Higdon , , Donna Tisch , , Hunter Alston Higdon , , Scott L. Terry , , Page |5 of § SHELATZ vs. BAYFRONT HEALTH PUNTA GORDA ITEMIZATION DEPOSITIONS/COURT REPORTERS’ FEES/MEDIATION FEES: DATE DESCRIPTION AMOUNT MCS Group, Inc. - court reporter, conference room & 02/06/2019 videographer for Dan Shelatz deposition on 1/7/2019 $947.45 Anthem Reporting - deposition transcripts of Roger 03/29/2019 McMillian & Jeffrey Houck on 03/25/2019 $489.55 MCS Group, Inc. - subpoena service for Owen Bower 04/17/2019 deposition $64.00 MCS Group, Inc. - subpoena service for Gus Garza 04/17/2019 deposition $64.00 MCS Group, Inc. - conference rooms for depositions of: Owen Bower & Gus Garza (03/26/2019) and Wayne 04/23/2019 Young, Homer Martinez, & Mark Castellano $542.50 (04/09/2019) MCS Group, Inc. - court reporter; videographer; and 05/07/2019 transcript Owen Bower & Gus Garza (04/09/2019) $1,256.20 Anthem Reporting -Marc Castellano deposition 06/26/2019 $280.65 transcript taken on 03/26/2019 US Legal Support - conference room for mediation on 07/16/2019 07/12/2019 $235.04 07/19/2019 Donna Tisch, Inc. ~ mediator fee on 07/12/2019 $600.00 Anthem Reporting - deposition transcripts for Wayne 07/24/2019 Young & Homer Martinez (03/26/2019) $753.20 MCS Group, Inc. - court reporter & transcript Traci 10/21/2019 Campbell taken on 10/08/2019 $952.83 MCS Group, Inc. - court reporter fee for hearing on 10/23/2019 Motion for Bifurcation (10/14/2019) $75.00 MCS Group, Inc. ~ hearing transcript on all pending 11/11/2019 motions (11/04/2019) $1,300.00 Patsy Halliday - transcript for Roy Wadding 11/19/2019 (20/29/2019) $82.50 Patsy Halliday ~ transcript for Juliet Gridley 11/19/2019 (10/25/2019) $82.25 12/03/2019 MCS Group - trial transcript $6,176.50 $13,901.67 EXHIBIT 8 EXPERT WITNESS FEES: DATE DESCRIPTION AMOUNT Quality Forensic Engineering - Deposition fee for Traci 10/10/2019 Campbell (Plaintiffs’ expert) $1,000.00 SEA Expert, Juliet Gridley - deposition & exhibit 10/24/2019 preparation $2,100.00 10/28/2019 SEA Expert, Roy Wadding - deposition preparation $1,584.00 10/29/2019 SEA Expert, Roy Wadding - trial preparation $1,116.00 11/06/2019 SEA Expert, Roy Wadding - trial preparation $2,880.00 11/06/2019 SEA Expert, Roy Wadding - mileage $192.40 11/06/2019 SEA Expert, Roy Wadding - tolls $9.00 11/06/2019 SEA Expert, Roy Wadding - hotel $131.04 11/06/2019 SEA Expert, Juliet Gridley - trial preparation $2,400.00 11/06/2019 SEA Expert, Juliet Gridley - Hotel Room $131.04 11/07/2019 SEA Expert, Juliet Gridley - trial testimony $1,800.00 11/07/2019 SEA Expert, Roy Wadding - trial testimony $2,880.00 $16,223.48 DOCUMENTS AND EXHIBITS: DATE DESCRIPTION AMOUNT 07/31/2019 MCS Group, Inc. - records from Dr. Jen Lian $132.18 09/30/2019 MCS Group, Inc. - records from Fawcett Memorial $197.14 08/15/2019 MCS Group, Inc. - records from Get Well Therapy $196.00 08/19/2019 MCS Group, Inc. - records from AMSCO $49.94 08/20/2019 MCS Group, Inc. - records from Neurosurgical Associates $147.92 08/22/2019 MCS Group, Inc. - records from Pinellas Physiatry $110.98 $834.16 TRIAL: DATE DESCRIPTION AMOUNT MCS Group, Inc. - conference room for pre-trial 10/29/2019 conferences with hospital representatives Roger $271.25 McMillian, Jeffrey Houck & Jim Reed MCS Group, Inc. - conference room for pre-trial 11/11/2019 conferences with AMSCO employees Glenn Hughes & $187.50 Timothy Peacock (10/31/2019) 11/15/2019 Trial Exhibits, Inc, - trial exhibits $1,810.59 Photocopies (Black & White) $471.00 Photocopies (Color) $750.19 $3,490.53 [ GRAND TOTAL | $34,449.84 |