(Fla. 11th Cir. Ct. Jul. 14, 2023) (2024)

Filing # 177489206 E-Filed 07/14/2023 08:01:47 PM
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`PAULONE RICHARDSON and THECEL
`RICHARDSON,
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`vs.
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`MIAMI JEWISH HEALTH SYSTEMS,
`INC. and G4S SECURE SOLUTIONS
`(USA) INC.,
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`Defendants.
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`___________________________________/
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`Plaintiffs,
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`IN THE CIRCUIT COURT OF THE 11TH
`JUDICIAL CIRCUIT
`IN AND FOR
`MIAMI-DADE, FLORIDA
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`CASE NO.: 2022-005573-CA-01
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`Division: CA23
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`DEFENDANT, G4S SECURE SOLUTIONS (USA) INC.’S NOTICE OF
`FILING PROPOSED JURY INSTRUCTIONS AND VERDICT FORM
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`COMES NOW Defendant, G4S SECURE SOLUTIONS (USA) INC., by and through its
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`undersigned counsel, and pursuant to this Honorable Court's Case Management Order, hereby files
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`the Defendant's Proposed Jury Instructions and Special Jury Instructions and Verdict Form.
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`[Space below was intentionally left blank; Certificate of Service to follow on next page.]
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`-1-
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`WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP
`100 SOUTHEAST SECOND STREET • SUITE 2100 • MIAMI, FLORIDA 33131
`TELEPHONE (305) 374-4400 • FACSIMILE (305) 579-0261
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`281095008V.1
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`Paulone Richardson, et al. v. Miami Jewish Health Systems, Inc., et al.
`Case No.: 2022-005573-CA-01
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`CERTIFICATE OF SERVICE
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`WE HEREBY CERTIFY that on July 14, 2023 a true and correct copy of the above and
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`foregoing document was filed with the Clerk of the above styled Court using the Florida e-Filing
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`Portal, which will deliver electronic copies of this filing to the designated e-mail addresses for all
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`counsel of record pursuant to Fla. R. Jud. Admin. 2.516. We also certify that the foregoing
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`document was served this day on all counsel of record identified on the attached Service List via
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`electronic mail.
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`Respectfully Submitted,
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`ELSER, MOSKOWITZ,
`WILSON,
`EDELMAN & DICKER LLP
`Counsel for Defendant, G4S Secure Solutions
`(USA) Inc.
`100 SE Second Street, Suite 2100
`Miami, Florida 33131
`Telephone: (305) 374-4400
`Facsimile: (305) 579-0261
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`By: Roberto M. Ureta
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`ROBERTO M. URETA, ESQ.
`Florida Bar No.: 000957
`rob.ureta@wilsonelser.com
`DAKEITHA HAYNES, ESQ.
`Florida Bar No.: 1002429
`dakeitha.haynes@wilsonelser.com
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`[Space below was intentionally left blank; Service List to follow on next page.]
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`-2-
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`WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP
`100 SOUTHEAST SECOND STREET • SUITE 2100 • MIAMI, FLORIDA 33131
`TELEPHONE (305) 374-4400 • FACSIMILE (305) 579-0261
`
`281095008V.1
`
`

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`Paulone Richardson, et al. v. Miami Jewish Health Systems, Inc., et al.
`Case No.: 2022-005573-CA-01
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`SERVICE LIST
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`Counsel for Plaintiff:
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`Scott Jay Feder, Esq.
`SCOTT JAY FEDER, P.A.
`4649 Ponce De Leon, Blvd., Suite 402
`Coral Gables, Florida 33146
`Telephone: (305) 669-0060
`Facsimile: (305) 669-4220
`scottj8@aol.com;
`assistantscottjfeder@hotmail.com
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`Counsel for Defendant, Miami Jewish
`Health Systems, Inc.:
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`Michael J. Schwartz, Esq.
`LUKS, SANTANIELLO, PETRILLO
`COHEN & PETERFRIEND
`301 Yamato Road, Suite 4150
`Boca Raton, Florida 33431
`Telephone: (561) 893-9088
`Facsimile: (561) 893-9048
`LUKSBOCA-Pleadings@LS-Law.com;
`mschwartz@insurancedefense.net;
`jmariotti@insurancedefense.net;
`rlabra@insurancedefense.net
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`Co-Counsel for Plaintiff:
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`Marc R. Ginsberg, Esq.
`MANDINA & GINSBERG, LLP
`Laurel Court - Suite 107
`15500 New Barn Road
`Miami Lakes, Florida 33014
`Telephone: (305) 358-1181
`Facsimile: (305) 231-7900
`marcginsberg@mg-trialattorneys.com
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`-3-
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`WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP
`100 SOUTHEAST SECOND STREET • SUITE 2100 • MIAMI, FLORIDA 33131
`TELEPHONE (305) 374-4400 • FACSIMILE (305) 579-0261
`
`281095008V.1
`
`

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`IN THE CIRCUIT COURT OF THE 11TH
`JUDICIAL CIRCUIT
`IN AND FOR
`MIAMI-DADE, FLORIDA
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`CASE NO.: 2022-005573-CA-01
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`Division: CA23
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`PAULONE RICHARDSON and THECEL
`RICHARDSON,
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`
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`vs.
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`MIAMI JEWISH HEALTH SYSTEMS,
`INC. and G4S SECURE SOLUTIONS
`(USA) INC.,
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`Defendants.
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`___________________________________/
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`Plaintiffs,
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`DEFENDANT, G4S SECURE SOLUTIONS (USA) INC.’S
`PROPOSED JURY INSTRUCTIONS
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`Case No.: 2022-005573-CA-01
`Page 1
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`JURY INSTRUCTIONS
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`DESCRIPTION OF THE CASE
`(Prior to Voir Dire)
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`Welcome. I will now administer your oath.
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`OATH OF JURORS BEFORE VOIR DIRE
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`Do you solemnly swear or affirm that you will answer truthfully all questions asked of you
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`as prospective jurors [so help you God]?
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`Now that you have been sworn, I'd like to give you an idea about what we are here to do.
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`This is a civil trial. A civil trial is different from a criminal case, where a defendant is charged
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`by the state prosecutor with committing a crime. The subject of a civil trial is a disagreement
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`between people or companies, where the claims of one or more of these parties have been brought
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`to court to be resolved. It is called "a trial of a lawsuit."
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`This lawsuit arises out of an incident that occurred on February 13, 2021 at Miami Jewish
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`Health Systems, Inc. with its principal office in Miami Dade County, Florida.
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`Plaintiffs PAULONE RICHARDSON and THECEL RICHARDSON, claim that on
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`February 13, 2021 Defendant, MIAMI JEWISH HEALTH SYSTEMS, INC., that as the owner
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`and manager of the property as improved, had a non-delegable duty to provide reasonable and
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`responsive security services under the circumstances and which duty MJHS had assumed.
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`Plaintiffs further claim that MJHS fell below the requisite standard of care in this regard in that its
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`selected security service failed to property monitor the facilities, failed to property assist and failed
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`to act upon the concerns reported by THECEL RICHARDSON.
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`Plaintiffs PAULONE RICHARDSON and THECEL RICHARDSON, claim that on
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`February 13, 2021 Defendant, G4S Secure Solutions (USA), Inc., had a duty to provide a
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`reasonably safe environment for PAULONE RICHARDSON at MJHS and that G4S Secure
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`Case No.: 2022-005573-CA-01
`Page 2
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`Solutions (USA), Inc. breached that duty.
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`Defendants, MJHS and G4S Secure Solutions (USA), Inc., deny that they had the duties
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`alleged by the Plaintiffs and further that any breach of duties was a legal cause of loss, injury or
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`damage to PAULONE RICHARDSON or that Plaintiff sustained a permanent injury within a
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`reasonable degree of medical probability.
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`The principal witnesses who will testify in this case are:
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`1. Paulone Richardson
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`2. Thecel Richardson
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`3. Paul Elie Richardson
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`4. Barthelemy Richardson
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`5. Louis Cordero Emt (Badge #1924)
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`6. Jacob Sauls, EMT-Paramedic (Badge #1883) City of Miami Fire Rescue
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`7. Daniel Comenas, OIC (Badge #116) City of Miami Fire Rescue
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`8. Jackson Memorial Hospital Medical Personnel
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`a.
`b.
`c.
`d.
`e.
`f.
`g.
`h.
`i.
`j.
`k.
`l.
`m.
`n.
`o.
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`Jose Romano - Attending
`John Clenkl - ER
`Aaron Winn - Radiology
`Rita Bhatia - Neuro-Radiology
`Gaurav Saigal - Radiology
`Carlos Millan - Plainitff Attending
`Erika Marulanda-Londono - Attending Neurology
`Nathan McKenty - Physical Medicine
`Victor Lu - Neurological Surgery
`Francesco Vendrame - Endocrinology
`Rafael Caputi - Fellow Endocrinology
`Christopher Mallow - Admitting
`Liza Doamradzki - Pulmonary & Critical
`Seung Kang – Attending
`Rosario Colombo – Cardiology
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`Case No.: 2022-005573-CA-01
`Page 3
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`Adriana Albuena - Rehabilitation Medicine
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`p.
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`North Shore Medical Center (Miami) Medical Personnel
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`9.
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`a. Emin Hodzic - Attending
`b. Susan Baker - Lab Medical Director
`c. Modinat Balogun - Primary
`d. Terri Ann Noe -Radiology
`e. Donald Puller - Neuro-Radiology
`f. Sonal Mehta - Vascular and Interventional Neurology
`g. Rehan A. Naqui - Internal Medicine
`h. Leidy Sangil Rivero, RN
`i. Jill A. Figueroa, APRN
`j. Daniel E. Frank - Diagnostic Radiology
`k. Megan K. Martinez, PA - General Internal Medicine
`l. Bashar Mohsen - Neurology
`m. Jonathan Gomez - Neurology n. Rafael Abreu -
`o. Robin Moore - ER
`p. Grace Mckelvey - ED Triage
`q. Mark Goldberg - Neuro diagnostics
`r. Fernando G. Mendez, Jr. - Radiology
`s. Nathalie Vachon, APRN
`t. Geovannie Marcano-Centeno - ER
`u. Neredia Rodriguez, RN
`v. Jean-Marc Dominique, RPh
`w. Margareth Joseph Tech - ER
`x. Barbara Martin, RN
`y. Patrick Dioro, RN
`z. Amy Jarvis
`Andres Rivero - Infectious Disease
`aa.
`Julian Medina - Radiology
`bb.
`Javier Marquez, APRN
`cc.
`dd. Amin Abolfazli –Neurology
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`UM Sylvester Comprehensive Cancer Center Medical Personnel
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`10.
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`a.
`b.
`c.
`d.
`e.
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`Gerald A. Soff, MD Hematology Oncology
`Eduardo Novoa Cianelli, APRN
`Lisbet Garcia
`Rosa Salgado, RN
`Crystal Yan, MD
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`11. Michael Jean-Baptiste, PT
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`12.
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`Linda Xie, MD Brain Center
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`Case No.: 2022-005573-CA-01
`Page 4
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`13.
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`14.
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`15.
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`16.
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`17.
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`18.
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`19.
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`20.
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`Lauren Tracey Shapiro, MD, MPH
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`Heliodoro Ruiz, MD
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`Trecia McFarlane, MD
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`Dr. Corbett c/o Michael J. Schwartz
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`Ronald B. Tolchin, D.O. c/o Michael J. Schwartz
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`Geoffrey A. Negin, M.D. c/o Michael J. Schwartz
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`Owen Samuels, MD c/o Michael J. Schwartz
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`Bruce Jacobs, PhD c/o Michael J. Schwartz
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`INTRODUCTION OF PARTICIPANTS AND THEIR ROLES
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`Judge/Court: I am the Judge. You may hear people occasionally refer to me as "The Court."
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`Case No.: 2022-005573-CA-01
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`That is the formal name for my role. My job is to maintain order and decide how to apply the rules
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`of the law to the trial. I will also explain various rules to you that you will need to know in order
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`to do your job as the jury. It is my job to remain neutral on the issues of this lawsuit.
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`Parties: A party who files a lawsuit is called the Plaintiff. A party that is sued is called
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`the Defendant.
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`Attorneys: The attorneys have the job of representing their clients. That is, they speak
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`for their clients here at the trial. They have taken oaths as attorneys to do their best and to follow
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`the rules of their profession.
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`Plaintiffs' Counsel: The attorneys on this side of the courtroom, Scott Jay Feder and Marc
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`Gins-berg represent Paulone and Thecel Richardson who are the persons who filed the lawsuit
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`here at the courthouse. Their job is to present their clients’ side of things to you. They and their
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`clients will be referred to most of the time as “the plaintiffs” or “Ms. Richardson or Mr.
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`Richardson”. Mr. Feder, will you please introduce who is sitting at the table with you?
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`Defense Counsel: The attorneys on this side of the courtroom, Michael J. Schwartz
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`represents MIAMI JEWISH HEALTH SYSTEMS, INC., the Defendant in this case. Michael J.
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`Schwartz present his client's side of things to you. Collectively, Michael J. Schwartz and his client
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`will be referred to as "the Defendant" or "Miami Jewish Health Systems, Inc."
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`Defense Counsel: The attorneys on this side of the courtroom, Rob Ureta and Dakeitha
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`Haynes, represent G4S Secure Solutions (USA) Inc., the one who has been sued. Their job is to
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`present their client’s side of things to you. They and their client will usually be referred to as “the
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`Case No.: 2022-005573-CA-01
`Page 6
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`defendant” or “G4S Secure Solutions (USA) Inc.” Mr. Ureta, will you please introduce who is
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`sitting at the table with you?
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`Court Clerk: This person sitting in front of me, (name), is the court clerk. [He] [She] is here
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`to assist me with some of the mechanics of the trial process, including the numbering and collection
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`of the exhibits that are introduced in the course of the trial.
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`Court Reporter: The person sitting at the stenographic machine, (name), is the court reporter.
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`[His] [Her] job is to keep an accurate legal record of everything we say and do during this trial.
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`Bailiff: The person over there, (name), is the bailiff. [His] [Her] job is to maintain order and security
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`in the courtroom. The bailiff is also my representative to the jury. Anything you need or any problems that
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`come up for you during the course of the trial should be brought to [him] [her]. However, the bailiff cannot
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`answer any of your questions about the case. Only I can do that.
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`Jury: Last, but not least, is the jury, which we will begin to select in a few moments from among
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`all of you. The jury's job will be to decide what the facts are and what the facts mean. Jurors should be
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`as neutral as possible at this point and have no fixed opinion about the lawsuit.
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`In order to have a fair and lawful trial, there are rules that all jurors must follow. A basic rule is
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`that jurors must decide the case only on the evidence presented in the courtroom. You must not
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`communicate with anyone, including friends and family members, about this case, the people and places
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`involved, or your jury service. You must not disclose your thoughts about this case or ask for advice
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`on how to decide this case.
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`I want to stress that this rule means you must not use electronic devices or computers
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`to communicate about this case, including tweeting, texting, blogging, e-mailing, posting
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`Case No.: 2022-005573-CA-01
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`information on a website or chat room, or any other means at all. Do not send or accept any
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`messages to or from anyone about this case or your jury service.
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`You must not do any research or look up words, names, [maps], or anything else that may
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`have anything to do with this case. This includes reading newspapers, watching television or using
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`a computer, cell phone, the Internet, any electronic device, or any other means at all, to get
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`information related to this case or the people and places involved in this case. This applies whether
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`you are in the courthouse, at home, or anywhere else.
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`Many of you may have cell phones, tablets, laptops, or other electronic devices with you
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`here in the courtroom. All cell phones, computers, tablets, or other types of electronic devices
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`must be turned off while you are in the courtroom. Turned off means that the phone or other
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`electronic device is actually off and not in a silent or vibrating mode. You may use these devices
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`during recesses, but even then you may not use your cell phone or electronic device to find out
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`any information about the case or communicate with anyone about the case or the people
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`involved in the case. Do not take photographs, video recordings, or audio recordings of the
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`proceedings or of your fellow jurors. After each recess, please double check to make sure your
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`cell phone or electronic device is turned off. At the end of the case, while you are deliberating,
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`you must not communicate with anyone outside the jury room. You cannot have in the jury
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`room any cell phones, computers, or other electronic devices. If someone needs to contact you
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`in an emergency, the court can receive messages and deliver them to you without delay. A contact
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`phone number will be provided to you.
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`Case No.: 2022-005573-CA-01
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`What are the reasons for these rules? These rules are imposed because jurors must decide
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`the case without distraction and only on the evidence presented in the courtroom. If you
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`investigate, research, or make inquiries on your own outside of the courtroom, the trial judge has
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`no way to make sure that the information you obtain is proper for the case. The parties likewise
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`have no opportunity to dispute or challenge the accuracy of what you find. That is contrary to our
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`judicial system, which assures every party the right to ask questions about and challenge the
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`evidence being considered against it and to present argument with respect to that evidence. Any
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`independent investigation by a juror unfairly and improperly prevents the parties from having that
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`opportunity our judicial system promises.
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`Any juror who violates these restrictions jeopardizes the fairness of these proceedings, and
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`a mistrial could result that would require the entire trial process to start over. A mistrial is a
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`tremendous expense and inconvenience to the parties, the court, and the taxpayers. If you violate
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`these rules, you may be held in contempt of court, and face sanctions, such as serving time in jail,
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`paying a fine or both.
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`All of your communications with courtroom personnel, or me, will be part of the record of
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`these proceedings. That means those communications shall either be made in open court with the
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`court reporter present or, if they are in writing, the writing will be filed with the court clerk. This
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`means, if you are outside the courtroom, any communication with me must be in writing, unsigned,
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`and handed directly to the bailiff. Do not share the content of the writing with anyone, including
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`other jurors. I have instructed the courtroom personnel that any communications you have with
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`them outside of my presence must be reported to me, and I will tell the parties and their attorneys
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`Case No.: 2022-005573-CA-01
`Page 9
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`about any communication from you that I believe may be of interest to the parties and their
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`attorneys.
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`However, you may communicate directly with courtroom personnel about matters
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`concerning your comfort and safety, such as juror parking, location of break areas, how and when
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`to assemble for duty, dress, what personal items can be brought into the courthouse or jury room,
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`If you become aware of any violation of these instructions or any other instruction I give
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`in this case, you must tell me by giving a note to the bailiff.
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`Case No.: 2022-005573-CA-01
`Page 10
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`EXPLANATION OF THE VOIR DIRE PROCESS
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`The last thing I want to do, before we begin to select the jury, is to explain to you how the
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`selection process works.
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`Questions/Challenges: This is the part of the case where the parties and their lawyers have
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`the opportunity to get to know a little bit about you, in order to help them come to their own
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`conclusions about your ability to be fair and impartial, so they can decide who they think should
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`be the jurors in this case.
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`How we go about that is as follows: First, I'll ask some general questions of you. Then,
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`each of the lawyers will have more specific questions that they will ask of you. After they have
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`asked all of their questions, I will meet with them and they will tell me their choices for jurors.
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`Each side can ask that I exclude a person from serving on a jury if they can give me a reason to
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`believe that he or she might be unable to be fair and impartial. That is what is called a challenge
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`for cause. The lawyers also have a certain number of what are called peremptory challenges, by
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`which they may exclude a person from the jury without giving a reason. By this process of
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`elimination, the remaining persons are selected as the jury. It may take more than one conference
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`among the parties, their attorneys, and me before the final selections are made.
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`Purpose of Questioning: The questions that you will be asked during this process are not
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`intended to embarrass you or unnecessarily pry into your personal affairs, but it is important
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`that the parties and their attorneys know enough about you to make this important decision. If
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`a question is asked that you would prefer not to answer in front of the whole courtroom, just let
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`me know and you can come up here and give your answer just in front of the attorneys and me.
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`If you have a question of either the attorneys or me, don't hesitate to let me know.
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`Response to Questioning: There are no right or wrong answers to the questions that we
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`will asked. The only thing that I ask is that you answer the questions as frankly, honestly and
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`as completely as you can. You [will take] [have taken] an oath to answer all questions truthfully
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`and completely and you must do so. Remaining silent when you have information you should
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`disclose is a violation of that oath as well. If a juror violates this oath, it not only may result in
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`having to try the case all over again but also can result in civil and criminal penalties against a
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`juror personally. It is very important that you be as honest and complete with your answers as
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`you possibly can. If you do not understand the question, please raise your hand and ask for an
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`explanation or clarification.
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`In the process of selecting the jury, some of the lawyers' questions are to help them
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`anticipate if your beliefs, experiences, or attitudes might make it difficult for you to apply the
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`rules of law. Jurors take an oath to follow the law. Upon counsel completion in selecting the
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`jury, you will be sworn in. I will instruct the jury on the rules they must follow in deciding this
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`case. It is important for you to remember that it will not be the jury's job to decide what the law
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`ought to be. Rather, the jury is to determine what the facts are, then apply the law to those facts,
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`using the court's instructions on the rules of law to apply - which will be fully given to the jury
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`at the appropriate time.
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`In sum, this is a process to assist the parties and their attorneys to select a fair and impartial
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`jury. All of the questions they ask you are for this purpose. If, for any reason, you do not think you
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`can be a fair and impartial juror, you must tell the Court and counsel.
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`INTRODUCTION
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`Members of the jury, you have now heard and received all of the evidence in this case. I am
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`Case No.: 2022-005573-CA-01
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`now going to tell you about the rules of law that you must use in reaching your verdict. You will
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`recall at the beginning of the case I told you that if, at the end of the case I decided that different
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`law applies, I would tell you so. These instructions are (slightly) different from what I gave you at
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`the beginning and it is these rules of law that you must now follow. When I finish telling you about
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`the rules of law, the attorneys will present their final arguments and you will then retire to decide
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`your verdict.
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`401.2 SUMMARY OF CLAIMS
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`The claims in this case are as follows:
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`Plaintiffs, PAULONE RICHARDSON AND THECEL RICHARDSON, claim that on
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`February 13, 2021 that MJHS and G4S Secure Solutions (USA) Inc. were negligent in failing to
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`use reasonable measures that caused delay in locating Mrs. Richardson, resulting in her not getting
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`timely medical care which could have prevented her injuries. The Plaintiff must prove her claims
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`by the greater weight of the evidence.
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`MJHS denies that claim and claim that Paulone Richardson herself was negligent which
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`caused her harm.
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`G4S Secure Solutions (USA) Inc. denies that claim and claims that Paulone Richardson
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`and Thecal Richardson were themselves negligent which caused Paulone Richardson harm.
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`The parties must prove their claim by the greater weight of the evidence. Paulone
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`Richardson must prove her claim by the greater weight of the evidence. G4S Solutions (USA) Inc.
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`and MJHS must prove their claim by the greater weight of the evidence.
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`GREATER WEIGHT OF THE EVIDENCE
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`"Greater weight of the evidence" means the more persuasive and convincing force an
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`effect of the entire evidence in the case.
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`Negligence is a legal cause of loss, injury, or damage if it directly and in natural and
`
`continuous sequence produces or contributes substantially to producing such loss, injury, or
`
`damage, so that it can reasonably be said that, but for the negligence, the loss, injury, or damage
`
`would not have occurred.
`
`The issues you must decide on Paulone Richardson's claims against Miami Jewish
`
`Health Systems is whether Miami Jewish Health Systems negligently failed to maintain its
`
`premises in a reasonably safe condition by failing to correct a dangerous condition about
`
`which Miami Jewish Health Systems either knew or should have known by the use of
`
`reasonable care and, if so, whether that negligence was a legal cause of loss, injury or
`
`damage to Paulone Richardson. 401.20a
`
`The issues you must decide on Paulone Richardson's claims against G4S Secure
`
`Solutions (USA) Inc. is whether G4S Secure Solutions (USA) Inc. was negligent in
`
`providing reasonable security services and, if so, whether that negligence was a legal cause
`
`of loss, injury or damage to Paulone Richardson.
`
`If the greater weight of the evidence does not support Paulone Richardson's claims against
`
`Miami Jewish Health Systems, then your verdict should be for Miami Jewish Health Systems.
`
`
`
`

`

`
`
`Case No.: 2022-005573-CA-01
`Page 14
`
`If the greater weight of the evidence does not support Paulone Richardson's claims against
`
`G4S Secure Solutions (USA) Inc., then your verdict should be for G4S Secure Solutions (USA)
`
`Inc.
`
`If your verdict is for both Miami Jewish Health Systems and G4S Secure Solutions
`
`(USA) Inc you will not consider the matter of damages. However, if the greater weight of
`
`the evidence supports any of Paulone Richardson's claims against Miami Jewish Health
`
`Systems and/or G4S Secure Solutions (USA) Inc. then you should consider the defense
`
`raised.
`
`On the defense, the issue for you to decide is whether Thecel Richardson and nonparty
`
`Jackson Memorial Hospital was negligent and if so, whether that negligence was a contributing
`
`legal cause of loss, injury or damage to Paulone Richardson.
`
`If the greater weight of the evidence does not support this defense, then you shall not
`
`apportion any negligence to Thecel Richardson and/or Jackson Memorial Hospital.
`
`If the greater weight of the evidence does support Paulone's Richardson's claim against both
`
`Miami Jewish Health Systems and/or G4S Secure Solutions (USA) Inc. and the greater weight of
`
`the evidence does not support the defense, then you should decide and write on the verdict form
`
`what percentage of the total negligence of the parties to this action you apportion to each of them.
`
`If, however, the greater weight of the evidence supports Paulone Richardson's claim
`
`against one or both of the defendants and the greater weight of the evidence does support
`
`
`
`

`

`
`
`Case No.: 2022-005573-CA-01
`Page 15
`
`the defense, then you should decide and write on the verdict form what percentage of the
`
`total negligence of all parties to this action you apportion to each of them.
`
`If the greater weight of the evidence supports Paulone Richardson's claim against one
`
`or both defendant, you should determine and write on the verdict form, in dollars, the total
`
`amount of money that the greater weight of the evidence shows will fairly and adequately
`
`compensate Paulone Richardson for the following elements of damage including damage
`
`that she is reasonably certain to incur in the future:
`
`The reasonable expense of hospitalization and medical care and treatment necessarily
`
`or reasonably obtained by Paulone Richardson in the past, or to be so obtained in the future.
`
`Any bodily injury sustained by Paulone Richardson and any resulting pain and
`
`suffering, disability or physical impairment, disfigurement, mental anguish, inconvenience,
`
`or loss of capacity for the enjoyment of life experienced in the past, or to be experienced in
`
`the future. There is no exact standard for measuring such damage. The amount should be
`
`fair and just in the light of the evidence.
`
`You may consider her life expectancy. The mortality tables received in evidence may
`
`be considered in determining how long Paulone Richardson may be expected to live.
`
`Mortality tables are not binding on you but may be considered together with other evidence
`
`in the case bearing on Paulone Richardson health, age and physical condition, before and
`
`after the injury, in determining the probable length of her life. (501.6)
`
`
`
`

`

`
`
`Case No.: 2022-005573-CA-01
`Page 16
`
`Any amount of damages that you allow for future medical expenses should be
`
`reduced to its present money value and only the present money value of these future
`
`economic damages should be included in your verdict.
`
`The present money value of future economic damages is the sum of money needed now,
`
`which, together with what that sum will earn in the future, will compensate Paulone Richardson
`
`for these losses as they are actually experienced in future years.
`
`You should also determine, and write on the verdict form, in dollars, an amount of
`
`money which the greater weight of the evidence shows will fairly and adequately
`
`compensate Thecel Richardson for any loss by reason of his wife's injury and her services,
`
`comfort, society and attentions in the past and in the future caused by the incident in
`
`question.
`
`In deciding this case, it is your duty as jurors to decide the issues, and only those
`
`issues, that I submit for your determination and to answer certain questions I ask you to
`
`answer on a special form, called a verdict form. You must come to an agreement about
`
`what your answers will be. Your agreed-upon answers to my questions are called your jury
`
`verdict.
`
`The evidence in this case consists of the sworn testimony of the witnesses, all exhibits
`
`received in evidence [an d] all facts that were admitted or agreed to by the parties.
`
`In reaching your verdict, you must think about and weigh the testimony and any
`
`documents, photographs, or other material that has been received in evidence. You may also
`
`
`
`

`

`
`
`Case No.: 2022-005573-CA-01
`Page 17
`
`consider any facts that were admitted or agreed to by the lawyers. Your job is to determine
`
`what the facts are. You may use reason and common sense to reach conclusions. You may
`
`draw reasonable inferences from the evidence. Nevertheless, you should not guess about
`
`things that were not covered here. Moreover, you must always apply the law as I have
`
`explained it to you. (601.2)
`
`
`
`

`

`
`
`LEGAL CAUSE
`
`Case No.: 2022-005573-CA-01
`Page 18
`
`The accident is a legal cause of loss, injury, or damage if it directly and in natural and
`
`continuous sequence produces or contributes substantially to producing such loss, injury, or
`
`damage, so that it can reasonably be said that, but for the negligence, the loss, injury, or damage
`
`would not have occurred.
`
`In order to be regarded as a legal cause of loss, injury, or damage negligence need not be
`
`the only cause. Negligence may be a legal cause of loss, injury, or damage even though it operates
`
`in combination with some other natural cause, if the negligence contributes substantially to
`
`producing such loss, injury, or damage.
`
`
`
`

`

`
`
`Case No.: 2022-005573-CA-01
`Page 19
`
`BELIEVABILITY OF WITNESSES
`
`Let me speak briefly about witnesses. In evaluating the believability of any witness and the
`
`weight you will give the testimony of any witness, you may properly consider the demeanor of the
`
`witness while testifying; the frankness or lack of frankness of the witness; the intelligence of the
`
`witness; any interest the witness may have in the outcome of the case; the means and opportunity
`
`the witness had to know the facts about which the witness testified; the ability of the witness to
`
`remember the matters about which the witness testified; and the reasonableness of the testimony
`
`of the witness, considered in the light of all the evidence in the case and in the light of your own
`
`experience and common sense.
`
`You have heard opinion testimony on certain technical subjects from persons referred to as
`
`expert witnesses. Some of the testimony before you was in the form of opinions about certain
`
`technical subjects.
`
`You may accept such opinion testimony, reject it, or give it the weight you think it deserves,
`
`considering the knowledge, skill, experience, training, or education of the witness, the reasons
`
`given by the witness for the opinion expressed, and all the other evidence in the case.
`
`It is entirely proper for a lawyer to talk to a witness about what testimony the witness would
`
`give if called to the courtroom. The witness should not be discredited just because the witness
`
`talked with a lawyer about his or her testimony.
`
`
`
`

`

`
`
`Case No.: 2022-005573-CA-01
`Page 20
`
`CONCLUDING INSTRUCTION (BEFORE FINAL ARGUMENT)
`
`
`
`That is the law you must follow in deciding this case. The attorneys for the parties will now
`
`present their final arguments. When they are through, I will have a few final instructions about
`
`your deliberations.
`
`
`
`

`

`
`
`Case No.: 2022-005573-CA-01
`Page 21
`
`CLOSING INSTRUCTIONS
`
`Members of the jury, you have now heard all the evidence, my instructions on the law
`
`that you must apply in reaching your verdict and the closing arguments of the attorneys. You
`
`will shortly retire to the jury room to decide this case. Before you do so, I have a few last
`
`instructions for you.
`
`During deliberations, jurors must communicate about the case only with one another and
`
`only when all

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(Fla. 11th Cir. Ct. Jul. 14, 2023) (2024)

FAQs

What is the 11th circuit stop woke decision? ›

Eleventh Circuit Upholds Injunction Against Florida “Stop-WOKE” Law; Confirms the Law Violates First Amendment. In 2021 Florida passed a unique law known as the Individual Freedom Act (IFA), or “Stop-WOKE” law (the state's acronym for “Stop Wrongs to Our Kids and Employees”).

Where is the 11th U.S. circuit court of appeals? ›

The Elbert Parr Tuttle U.S. Court of Appeals located on 56 Forsyth Street, Atlanta, Georgia.

What is the 11th circuit known for? ›

Established by Congress in 1981, the United States Court of Appeals for the Eleventh Judicial Circuit has jurisdiction over federal cases originating in the states of Alabama, Florida and Georgia. The circuit includes nine district courts with each state divided into Northern, Middle and Southern Districts.

Who is the chief judge of the 11th judicial circuit of Florida? ›

Office of the Chief Judge

Each of Florida's 20 judicial circuits is administered by a Chief Judge who is elected by a majority of the judges in the circuit for a term of two years. Chief Judge Nushin G. Sayfie was elected as the chief judicial officer of the Eleventh Judicial Circuit of Florida in 2021.

Who appoints federal judges and for what terms? ›

Federal judges (and Supreme Court “justices”) are selected by the President and confirmed “with the advice and consent” of the Senate and “shall hold their Offices during good Behavior.” Judges may hold their position for the rest of their lives, but many resign or retire earlier.

Which Supreme Court justice oversees the 11th circuit court? ›

Justice Clarence Thomas is the circuit justice for the Eleventh Circuit. The United States Court of Appeals for the 11th Circuit has appellate jurisdiction over the district courts in the following districts: Middle District of Alabama. Northern District of Alabama.

What court is in the southern district of Florida? ›

The United States District Court for the Southern District of Florida is one of 94 United States district courts. The district operates out of courthouses in Miami, Fort Lauderdale, West Palm Beach, and Fort Pierce.

How many U.S. circuit courts of Appeal are there today? ›

In the federal system, 94 district courts are organized into 12 circuits, or regions. Each circuit has its own Court of Appeals that reviews cases decided in U.S. District Courts within the circuit. The U.S. Court of Appeals for the Federal Circuit brings the number of federal appellate courts to 13.

What county is the 11th judicial circuit in Florida? ›

The State of Florida is divided into 20 judicial circuits, or areas of jurisdiction, which encompass the circuit and county courts of the Florida State Courts System. The Eleventh Judicial Circuit of Florida, serving Miami-Dade County, is the largest in the state and the fourth largest trial court in the nation.

How many circuit courts are there in Florida? ›

The Florida court system is comprised of the Supreme Court, six district courts of appeal, 20 circuit courts and 67 county courts. Each layer of the Florida judicial system has a distinct role in providing justice across the state.

What is the most powerful circuit? ›

The Federal Circuit hears appeals from federal courts across the United States in cases involving certain specialized areas of law. The United States courts of appeals are considered the most powerful and influential courts in the United States, after the Supreme Court.

Who is the state attorney for the 11th circuit in Florida? ›

Office of Miami-Dade State Attorney Katherine Fernandez Rundle.

How many judges are in the 11th circuit court in Florida? ›

The Eleventh Circuit has twelve authorized active judgeships.

Who oversees judges in Florida? ›

Created in 1966 by amendment of the Florida Constitution, the Judicial Qualifications Commission ("JQC") is an independent state agency tasked with investigating allegations of misconduct and disability by all judges within the state of Florida.

Is Mississippi in the 11th circuit? ›

After the split, cases originating in Mississippi, Louisiana, and Texas came under the Fifth Circuit's jurisdiction, while the states of Alabama, Florida, and Georgia fell under the purview of the Eleventh Circuit.

When did the 11th circuit split from the 5th? ›

In 1981, the Fifth Circuit Court of Appeals Reorganization Act divided the court and created a new circuit. The judicial districts of Mississippi, Louisiana, Texas, and the Canal Zone remained with the Fifth Circuit, while the judicial districts in Alabama, Georgia, and Florida became part of the new Eleventh Circuit.

Where are U.S. Court of Appeals cases published? ›

Decisions, opinions, orders, and court calendars are available on courts of appeals websites, and also via PACER. Free, text-searchable opinions are available at FDsys.

References

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