Motion-Secondary: Ann Murdock, et al Plaintiff vs. RKR Motors Inc Defendant

On February 08, 2021 a Motion-Secondary was filed involving a dispute between Murdock, Ann, Murdock, Donald, and Cintas Corporation No. 2, Rkr Motors Inc, for 3 in the District Court of Broward County.

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Filing# 166104088 E-Filed 02/03/2023 01:39:43 PM

IN THE CIRCUIT COURT OF THE
17TH JUDICIAL CIRCUIT IN AND
FOR BROWARD COUNTY,
FLORIDA

ANN AND DONALD MURDOCK, Case No.: 21-002675 (25)
Wife and Husband,

Plaintiffs,

RKR MOTORS, INC. d/b/a,
MERCEDES-BENZ OF POMPANO,
a Florida Corp.,

Defendant.
I

PLAINTIFFS ANN AND DONALD MURDOCK'S OPPOSITION TO
DEFENDANT RKR MOTORS, INC. d/Wa MERCEDES-BENZ OF
POMPANO'S MOTION IN LIMINE TO EXCLUDE SPECULATIVE
TESTIMONY THAT THE MAT WAS UNEVEN. HAD A BUMP, WAS NOT
COMPLETELY ON THE FLOOR. OR WAS DANGEROUS
Plaintiffs Ann and Donald Murdock, by and through undersignedcounsel,

oppose Defendant RKR Motors, Inc. d/b/a Mercedes-Benz ofPompano's Motion to

exclude evidence of what Mrs. Murdock physically
experiencedand saw duringthe

subjecttripand and in
fall incident, support,state:

1. This motion is an attempt to circumvent the Court' s denial o f the

Defendant's Motion for Summary Judgment on The facts of
the issue of liability.

this case are as follows:

2. On October 26, 2017, Plaintiffs Ann and Donald Murdock purchased a

*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 02/03/2023 01:39:42 PM.****
Page 2
Murdock, et al. v. RKR Motors, Inc., et al.; CaseNo.: 21-002675
Plaintiffs Ann and Donald Murdock' s Opposition to Defendant RKR Motors, Inc. D/B/A Mercedes-Benz of
Pompano's Motion in Limine to Exclude SpeculativeTestimony that the Mat was Uneven, had a Bump, was not
Completely on the Floor, or was Dangerous

vehicle from Mercedes-Benz of Pompano. As they were being escorted out of the

showroom by employees of the dealershipwho were ahead of them, Plaintiff Ann

Murdock could feel her foot get caught/wedged under the door mat at the

entrance/exit doors, causingher to and
fall,
trip, suffer a three- or four- part fracture

of her rightshoulder. Plaintiff Ann Murdock's Verified Amended Response to

Defendant RKR Motors, Inc.'s served February 23,2021
NegligenceInterrogatories

and Depositionof Ann Murdock, page 113, line 23 through 114, line 1; 78, lines 15

-
25; 117,lines 3 -
9; 74, lines 10
- 13 are attached as Exhibits A and B, respectively.
Mr. Murdock saw his wife twistingto her side,but could not catch her in
falling,

time. After Mrs. both Mr. and Mrs. Murdock could
Murdock trippedand fell, see

that the edge of the mat was curled up. Id.;Ex. C; Depositiono f Donald Murdock,

page 20, line 12 through page 21 line 21. Mrs. Murdock told the emergency room

doctors within an hour of the incident that her foot got caught on the mat at the

causingher to trip(Ex. D, emergency room records from ImperialPoint
dealership,

Medical Center,pg. 6).

3. Defendant Mercedes-Benz of Pompano admitted that Mrs. Murdock

trippedand fell while walking out of the dealershipat an entrance/exit location (Ex.
Page 3
Murdock et aL v. RKR Motors, Inc., et aL; Case No.: 21-002675
Plaintiffs Opposition to Defendant RKR Motors, Inc. D/B/A Mercedes-Benz of
Ann and Donald Murdock's
Pompano's Motion in Limine to Exclude SpeculativeTestimony that the Mat was Uneven, had a Bump, was not
Completely on the Floor, or was Dangerous

E). General Manager Michael Lucia (the corporate representative
with the most

knowledge of the defendant's Workplace Safetyand Health PolicyNumber 6) (Ex.

F) testified that a mat which was rumbled or curled up on one of its edges is a

recognizedhazard because it could cause a customer to catch his or her foot,which

of Michael Lucia,41, line 25 through44, line 14; 51,
could cause harm. Deposition

line 18 through 52, line 8 (Ex.G).

4. At the outset, "[a]llrelevant evidence is admissible." Florida Rule of

what a witness
Evidence 90.402. Certainly, felt or saw is relevant. See Austin v.

State,199 So. 3d 327, 329 (Fla.3d DCA 2016) (holdingit was proper for a police
officer to about pry marks near a lockingmechanism on a drawer that he saw
testify

after the crime was committed). Mrs. Murdock told the emergency room doctors

that her foot got caughton the mat at the dealership, and
causingher to tripand fall,

testified the same way in her deposition.
She also testified that as she was supineon

the ground, she could see that the mat was curled. Based on this evidence,a jury

could reasonablyconclude that the mat had a bump, was not even on the floor,and

was dangerous.
Page 4
Murdock et al, v, RKR Motors, Inc., et aL; Case No.: 21-002675
Plaintiffs Ann and Donald Murdock's Opposition to Defendant RKR Motors,Inc. D/B/A Mercedes-Benz of

Pompano's Motion in Limine to Exclude SpeculativeTestimony that the Mat was Uneven, had a Bump, was not
Completely on the Floor, or was Dangerous

5. Nothing in Florida's Evidence Code prevents the jury from drawing an

inference. Golden Yachts, Inc.
appropriate v. Hall,920 So. 2d 777,779 (Fla4thDCA

2006). "An inference, unlike a presumption, is "[a] logicaland reasonable

conclusion of a fact not presentedby direct evidence but which, by process of logic

and reason, a trier of act may conclude exists from established fact." Id.,citing

Black's Law Dictionary778 (6th
ed. 1990);Charles W. Ehrhardt, Florida Evidence

section 301.1 (2002 ed.)

"In a civil case, a fact may be established by circumstantial evidence as

and as conclusivelyas
effectively it may be proved by direct positiveevidence. The

limitation on the rule simply is that if a party to a civil action depends upon the

inferences to be drawn from circumstantial evidence as proof of one fact,it cannot

construct a further inference upon the initial inference to establish a further fact

unless it can be found that the original,
basic inference was established to the

exclusion of all other reasonable inferences." O'Malley v. Ranger Construction

56 (Fla.4th DCA 2014). There is direct
-

Industries,Inc.,133 So. 3d 1053, 1055 -

evidence that the mat was raised (Mrs.Murdock foot got caught and wedged and she

saw the curled edge from the ground after she tripped),
or in the alternative,
the fact
Page 5
Murdock, et al. v. RKR Motors, Inc., et al.; Case No.: 21-002675
Plaintiffs Ann and Donald Murdock's Opposition to Defendant RKR Motors, Inc. D/B/A Mercedes-Benz of
Pompano's Motion in Limine to Exclude Speculative Testimony that the Mat was Uneven, had a Bump, was not
Completely on the Floor,or was Dangerous

to be established - the mat was rumpled/dangerous - can be as effectively
and

established by Mrs. Murdock' s testimony,
conclusively to
responses interrogatories,

in the emergency room record as there
and history is only one inference to be drawn:

The mat was rumpled/dangerous.

7. The two cases cited by the defense are off point. In A &A
Inc. v. Jurado, 198 So. 3d 37 (Fla.2d
Electrical Services, DCA 2015), the court held
that a witness could not be a mind reader and testify
concerninganother person's

intent in signinga letter. The latter case, Roseman v. Town Square Ass'n, Inc. 810

So. 2d 516, 521 (Fla.4th DCA 2001), involved a subsequentremedial measure. The

court noted that Section 90.604 testimonyby
prohibits a witness who does not have

personalknowledge of a matter. The witness,a locksmith,was firstcalled to the

defendant condominium about a door problem about eightmonths after the incident

Conversely,althoughMrs. Murdock did not see the
ff s injuries.
causingthe plainti

rumbled or curled mat before she fell,she could feelher foot get wedged and caught

under the mat. While supineon the ground,she could see that the mat was curled.

Mrs. Murdock has "personal"knowledge that her foot became trappedunder the
Page 6
Murdock, et al. v. RKR Motors, Inc., et al.; Case No.. 11-001675
Plaintiffs Ann and Donald Murdock's Opposition to Defendant RKR Motors, Inc. D/B/A Mercedes-Benz of
Pompano's Motion in Limine to Exclude Speculative Testimony that the Mat was Uneven, had a Bump, was not
Completely on the Floor, or was Dangerous

and that the edge was curled up which she could see while
mat, causingher to trip,

she was on the ground.

WHEREFORE, Plaintiffs Ann and Donald Murdock pray that this Honorable

Court deny the defendant's motion in limine as there is ample evidence to support

the dangerous condition of the mat at issue.

CERTIFICATE OF SERVICE

I HEREBY CERTIFY and correct copy of Plaintiffs Ann and
that a true
Donald Murdock's Oppositionto Defendant RKR Motors, Inc. d/b/a Mercedes-Benz
ofPompano's Motion in Limine to Exclude SpeculativeTestimony that the Mat was
Uneven, had a Bump, was not Completely on the Floor,or was Dangerous was e-
filed and e-mailed to: Jeffrey A. Blaker, Esq., Conroy Simberg, Counsd for

Defendant RKR Motors, Inc. d/b/a Mercedes-Benz of Pompano, 1801 Centrepark
Drive East, Suite 200, West Palm Beach, FL 33401, e-mails:
rd
this
eservicewpb@conrovsimberg.comajd iblaker@conroysimberg.com 3? day of
February,2023.
C hi.?L
J*feA. Iiager,
Esq.
N?.042048
Floril?far
G
/Law Oqices of Julie A. Hager, L.L.C.
\Attorn@for PlaintiffsAnn and Donald Murdock
st
l13QQ'SEl Street
?FortLauderdale, FL 33316
Telephone: (954) 764-8100
Facsimile: (954) 467-0370
E-mail: iulie@hagerlawoffices.com

christina@hagerlawoffices.com
flpleadings@att.net
IN THE CIRCUIT COURT OF THE
17TH JUDICIAL CIRCUIT IN AND
FOR BROWARD COUNTY,
FLORIDA

ANN AND DONALD MURDOCK, Case No.: 21-002675 (25)
Wife and Husband,
The Honorable Carol-Lisa Phillips
Plaintiffs,

RKR MOTORS, INC. d/b/a,
MERCEDES-BENZ OF POMPANO,
a Florida Corp.,and CINTAS
CORPORATION NO. 2, a foreign
Corp.,

Defendants.
i

PLAINTIFF ANN MURDOCK'S VERIFIED AMENDED RESPONSE TO
DEFENDANT RKR MOTORS, INC.'S NEGLIGENCE
INTERROGATORIES SERVED FEBRUARY 23, 2021

Plaintiff Ann Murdock, by and through undersignedcounsel,hereby files this

Verified Amended Response to Defendant RKR Motors, Inc.' s Negligence

served February 23,2021, as follows:
Interrogatories

1. Please identifyyourself by giving your name, address, social security
number, date ofbirth,place of birth and Florida driver's license number
(or other state).

Response:Ann Murdock, 1111 North Riverside Drive, Unit 204,
Pompano Beach, FL 33062. DOB: 12/10/38, Hartford CT. Social
SecurityNumber: For securitypurposes, pleasecontact my attorney's
office for my social securitynumber. Driver's license #:

Exhibit A
Page 2 of 11
Murdock et al. v. RKR Motors, Inc., et aL; Case No.: 21-002675 (25)
Plaintiff Ann Murdock's Verified Amended Response to Defendant RKR Motors, Inc.'s Negligence Interrogatories
served February 23,2021

2. Describe in detail,each act or omission on the part of the Defendant
which you contend constituted negligencethat was a contributinglegal
cause of the accident in question.

Response: Wehad just closed a deal to purchase a vehicle.
Afterwards, salespersonLuis Duarte Vidal and one other gentleman
(eitherWilliam Haworth or Adam Levy or another Mercedes Benz of
Pompano employee) walked us out toward the exit doors, in front ofus.
Both representatives walked in front of my husband and myself, and
past a commercial stylecarpetedfloor mat. As we approached the floor
mat, which was placed near the exit doors, my foot became caught in
the mat, and I fell forward. In looking back toward the mat after I
tripped,I could see that the mat was curled along the edge (itwas not
lyingflat), which allowed my foot to wedge underneath it and become
trapped. I could feel my foot wedge underneath the mat and become
trapped,which caused me to tripand fall. My rightshoulder broke as
a result o f the trip.

3. List the names and addresses of all persons who are believed or known
to you, your agents or attorneys to have any knowledge concerningany
of the issues raised by the pleadings herein and specifythe subject
matter about which the witness has knowledge, indicating
which are or
may be eyewitnesses.

Response: My physicians, husband, family and friends have
knowledge of the accident, and my injuries. RKR Motors, Inc.'s
employee Luis Duarte Vidal saw me tripand helped me up. Also, the
sales manager William Howorth or the CPS manager Adam Levy
rere
present as well.

4. List the name, residence address, business address and telephone
number of each person believed or known by you, your agents or
attorneys to have heard or who is purportedto have heard the Defendant
make any statement, remark or comment concerning the incident

Exhibit A
Page 3 of 11
Murdock et v. RKR Motors, Inc., et al.; Case No.: 21-002675 (25)
aL
Plaintiff AnnMurdock's Verified Amended Response to Defendant RKR Motors, Inc.'s Negligence Interrogatories
served February 23,2021

described in the Complaint and the substance of each statement, remark
or comment.

Response: None.

5. Were you sufferingfrom any physicalinfirmity, or sickness
disability,
at or justpriorto the time of the occurrence of the incident described in

the complaint,and if so, what was the nature ofthe infirmity,
disability
or sickness?

Response: I was recoveringfrom breast cancer at the time of this loss.
I also had bursitis in my hips.I had rightshoulder symptoms which I

thought was arthritis, however, the symptoms were nothing like the
pain and symptoms I have now followingthis incident which resulted
in a three-partfracture of my rightshoulder.

6. Did you consume any alcoholic beverages or take any drugs or
medications within 12 hours before the occurrence of the incident
described in the Complaint, and if so, what type and amount of
alcoholic beverages,drugs or medications were consumed and where
and when did you consume them?

Response: No alcoholic beverages were consumed. Only medications
were daily vitamins and one medication for blood pressure
management.

7. Have you ever been convicted of a crime, and if so, what was the date
and place of conviction of each?

Response: No.

8. Do you wear glassesor contact lenses, and if so, who prescribedthem,
and when were they prescribed,
when were your eyes last examined and
by whom?

Exhibit A
Page 4 of 11
Murdock, et al. v. RKR Motors, Inc., et al.; Case No.: 21-002675 (25)
Plaintiff Ann Murdock's Verified Amended Response to Defendant RKR Motors, Inc.'s Negligence Interrogatories
served February 23, 2021

Response: I do not wear glasses. My eyes were last examined by Dr.
N. Krevatas on 11/4/19.

9. Describe in detail how the incident occurred, includingall actions taken
by you to prevent the occurrence of the incident.

Response: We had just closed a deal to purchase a vehicle.
Afterwards, salespersonLuis Duarte Vidal and one other gentleman
(eitherWilliam Howorth or Adam Levy) walked us out toward the exit
doors, in front of us. Both representatives walked in front of my
husband and myself,and past a commercial stylecarpetedfloor mat.
As we approached the floor mat, which was placed near the exit doors,
my foot became caught in the mat and I fell forward. In lookingback
toward the mat after I tripped,I could see that the mat was curled along

the edge (itwas not lying flat), which allowed my foot to wedge
underneath it and become trapped. My rightshoulder and rightarm
were very painful. I went directly to Broward Hospitalwhere my right
shoulder and arm were x-rayed. I spent the night in the hospital. My
rightshoulder broke as a result of this incident.

10. List each item of expense that you claim to have incurred as a result of
the injuriessued on in this action,givingfor each item the date incurred,
to whom owed or paid and the goods and services for which each was
incurred.

Response: Please see the attached medical bills.

11. Do you contend that you have lost any form of compensation in the past
sued on in this action,and if
or in the future as a result of the injuries
so, what is the amount of the loss up to the present time, the period
during which it was lost,the nature ofthe compensation and the method
that was used in computing the amount?

Exhibit A
Page 5 of 11
Murdock, et al. v. RKR Motors, Inc., et al.; Case No.. 11-001615 (15)
Plaintiff Ann Murdock's Verified Amended Response to Defendant RKR Motors, Inc.'s Negligence Interrogatories
served February 23,2021

Response: Objection, irrelevant and not calculated to lead to
admissible. Plaintiff Ann Murdock not making a claim for past lost
is

wages or future wage loss as they are both retired.

12. Describe each injuryfor which you are claimingdamages in this case,
specifyingthe part of your body that was injured;the nature of the
you contend are permanent, the effects on
injury;and, as to any injuries
you that you claim are permanent.

Response: My rightshoulder was seriouslyimpacted. I wore a sting
for six weeks. After that I saw two doctors who each suggested total
rightshoulder replacement. Once the slingwas removed, I went to
physicaltherapy then occupationaltherapy. At a certain pointit was
deemed therapy was no longer helping so it was discontinued.
Permanent effects: I cannot liftmy arm over shoulder height. I cannot
tie an apron, hook my bra,comb, or wash my hair. I have littlestrength

in my arm. I no longer can play golf.My shoulder gives me pain when
-
sleeping waking me up often. My clothes do not hang rightbecause
my rightshoulder is sloped,causing my tops to slide off my right
shoulder. Even sitting and holding the paper to read causes my right
shoulder to hurt and I must put the paper down.

13. List each physicianwho has treated you and each medical facility
where
you have received any treatment for the injuriesfor which you seek
damages in this case, giving the dates that the treatment was received
and stating which of the injuriesdescribed ill your answer to
Interrogatory#12 the treatment was rendered for.

Response: Please see Exhibit A.

14. Do you intend to call any non-medical expert witnesses at the trial of
this case? If so, identify as an
each witness; describe his qualifications
expert; state the subjectmatter upon which he is expected to testify;
state the substance and facts and opinions to which he is expected to
and give a summary of the grounds for each opinion.
testify;

Exhibit A
Page 6 of 11
Murdock, et al. v. RKR Motors, Inc., et al.; Case No.. 11-002615 05)
Plaintiff Ann Murdock's Verified Amended Response to Defendant RKR Motors, Inc.'s Negligence Interrogatories
served February 23,2021

Response: Unknown at this time as discoveryis ongoing.

15. List the names, business addresses, and business telephone numbers of
all medical doctors by whom, and all hospitalsat which, you have been
examined and/or treated (5) years, includingbut not
in the past five
limited to family doctors,and in-home nursingaids and therapists.

Response: Please see Exhibit A.

16. List the names, addresses,and phone numbers for all employers for
whom you have worked in the past five (5)years, and your rate of pay
at each job.

Response: Objection,irrelevant. Plaintiff Ann Murdock is not making
claims for past lost wages or future wage loss as she retired.

17. List the names, business addresses and business telephonenumbers of
all medical doctors by whom, and all hospitals at which you have been
examined and/or treated in the past for injuries,disabilities,or
infirmities to those parts of your body listed in answer to Interrogatory
#12.

Response: Please see Exhibit A.

18. Have you ever been a Plaintiff or Defendant in a lawsuit, arbitration
proceeding,or otherwise been a claimant for Workers' Compensation,
personal injury,or disabilitybenefits? If the answer is in the
affirmative,please state the style of the case, the jurisdiction of the
Court or arbitration and the approximate date the lawsuit or demand for
arbitration was filed.

Response: No.

Exhibit A
Page 7 of 11
Murdock, et al. v. RKR Motors, Inc., et al.; Case No.. 1\-002615 05)
Plaintiff Ann Murdock's Verified Amended Response to Defendant RKR Motors, Inc.'s Negligence Interrogatories
served February 23,2021

19. List all statements (within the definition of Rule 1.280) in existence
known to you, your agents and attorneys, taken of the Defendant, its
allegedagents, servants, or employees or of any other person, providing
for each the date of the taking of each statement, the person receiving
or taking the statement, and the subjectmatter of each interview.
(Pursuantto Florida Rules of Civil Procedure 1.280, demand is hereby
made for the conveyance and/or production of all statements of the
Defendant to counsel for the Defendant forthwith.)

Response: We told the representatives of the car dealershipthat my
foot caught and trapped in the floor mat, and at the request of the
dealership, after the emergency room treatment to
called the dealership
inform that Ann's shoulder was fractured.

20. Do you or your attorneys have any photographs of the accident scene
or persons involved,or any maps, plans,charts,diagrams or any other
documentary or tangibleitems which are or may become evidence in
If so, state the name and address of
this case? (Exclude medical bills.)
the photographer or other producer of such documentation or tangible
item and the name of the person, firm or entitywho hired him for the
described purpose.

Response: Objection,work product. All photographs,maps, plans,
charts, diagrams or any other documentary or tangible items that
Plaintiffs intend to use at trial will be produced in accordance with the
Court's trial order.

21. List all accidents of any kind in which you have been involved priorto
the date of the accident in suit,statingfor each when, where and how
names or identities of other persons involved,
the accident occurred,the
whether you were injured,and if so, the nature and extent of your
whether you received medical treatment and if so, the names
injuries,
of all doctors, hospitalfacilities or other health care providers,whether
any lawsuit or elaina arose therefrom and whether you were insured for

Exhibit A
Page 8 of 11
Murdock, et al.v. RKR Motors, Inc., et al.; Case No.: 21-002615 (25)

Plaintiff AnnMurdock's Verified Amended Response to Defendant RKR Motors, Inc.'s Negligence Interrogatories
served February 23, 2021

the results of the accident and if so, by what carrier and under what

policynumber.

Response: I suffered a broken hip in the past, but not as a result of an
accident.

22. List all accidents of any kind in which you have been involved

subsequent to the date of the accident in suit,statingfor each when,
where and how the accident occurred,the names or identities of other
persons involved, whether you were injured, and if so, the nature and
extent of your injuries,whether you received medical treatment and if
so, the names of all doctors, hospitalfacilities or other health care
providers,whether any lawsuit or claim arose therefrom, and whether
you were insured for the results ofthe accident and if so, by what carrier
and under what policynumber.

Response: None.

23. Please whether you have ever applied for Social Security
state

Disability benefits, Social Security Retirement benefits, and/or
Supplemental SecurityIncome and, ifso,the date ofsuch application(s)
of the application(s)
as well as the disposition(s) and the date(s)and
disposition(s) of any appeal(s);whether you receive or have ever
received Medicare benefits and, if so, the Medicare number assignedto
you and when the number was assigned;whether you have been advised
by Medicare that you will become eligible
or are entitled to or can be
expectingto receive Medicare benefits and the date of such notice;and
whether you have ever received any explanationof benefits notice(s)
from the Center for Medicare and Medicaid Services and, if so, the date
of such notice(s).

Response: Objection,irrelevant as to the Social SecurityRetirement
benefits and/or Supplemental Security Income as Plaintiffs Ann
Murdock is not making a claim for past lost wages or future wage loss.
I have not received Social SecurityDisabilitybenefits.

Exhibit A
Page 9 of 11
Murdock, et al.v. RKR Motors, Inc., et al.; Case No.. 21-002615 05)

Plaintiff AnnMurdock's Verified Amended Response to Defendant RKR Motors, Inc.'s Negligence Interrogatories
served February 23, 2021

24. Have you ever Notice of Bankruptcy in your life on behalf of
filed a

yourselfor a business you owned. If yes, then state:

a. The name and address of the court.
b. The date filed (provideas much information as possible).
C. Case number.
d. The exact name ofthe petitionerfilingthe Notice ofBankruptcy.
e. The Judge's name.

Response: No.

Exhibit A
Page 10 of 11

Murdock, et RKR Motors, Inc., et al. ; Case No.. 21-002615 OS)
al. v.

Plaintiff AnnMurdock's Verified Amended Response to Defendant RKR Motors, Inc.'s Negligence Interrogatories
served February 23,2021

4hz?,ABzuRO-ISD--
/Ann Murdock

STATE OF FLORIDA )
S.S.
COUNTY OF BROWARD)
BEFORE ME personallyappeared Ann Murdock, who, after first being duly
and that they
sworn, states that she has read the foregoinganswers to Interrogatories
are true and correct to the best of her knowledge and belief.

SWORN TO and SUBSCRIBED before me this 10t
th
day ofMay, 2022.

Mn
KAIN a

CZ??..Cc hJ?,YA
Notary Public
My Commission Expires:
Commission No.:

V CHRISTINA CORNEJO

PersonallyKnown
4?2*34-
-
Notary Public State of Florida
#
i.31,g?*.?
Commisfion
,, Gp 924j7?
Produced Identification 3*NR. i024
My Comm.-Expires-Fe6-li,
Bonded through National Notary Assn.

Type of Identification Produced:

Exhibit A
Page 11 of 11
Murdock, et al. v. RKR Motors, Inc., et al.; Case No.: 21-002675 (25)
Plaintiff Ann Murdock's Verified Amended Response to Defendant RKR Motors, Inc.'s Negligence Interrogatories
served February 23,2021

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoingPlaintiff
Ann Murdock' sVerified Response to Defendant Motors, Inc.'s Negligence RKR
served February 23, 2021 was e-filed and e-mailed to: jeffreyA.
Interrogatories
Blaker, Esq., Conroy Simberg, Counsel for Defendant RKR Motors, Inc. d/b/a
Mercedes-Benz of Pompano, 1801 Centrepark Drive East, Suite 200, West Palm
Beach, FL 33401, e-mails: eservicewpb@conroysimberg.corn and
jblaker@.conroysimberg.com and Ryan D. Burns, Esq., Marshall, Dennehey,
Warner, Coleman & Goggin, Counsel for Cintas Corporation No. 2, 2400 E.
Commercial Boulevard, Suite 1100, Fort Lauderdale, FL 33308, e-mails:
rdbums@mdwcg.com and this 10th day ofMay, 2022.

I
7 Vdw M Lim
?Ailie
A. I-?ager,

C
Esq.
/FloridaBkNo. 042048
? Law Off?es of Julie A. HAger,
L.L.C.

\jttorn? for Plaintiffs Ann and
1}afiald Murdock
1300 SE 1
I St
Street
Fort Lauderdale, FL 33316
Telephone: (954) 764-8100
Facsimile: (954) 467-0370
[ces.com
E-mails: julie@hagerlawoffic
christina@hagerlawoffices.com
flpleadings@att.net

Exhibit A
Ann Murdock
October 28, 2021

1 Q. All right. And did you look down at the

2 ground? And I understand that this all probably

3 happened relatively quickly; so if you don't recall,
4 it's okay to tell me.

5 But did you actually look down at the

6 ground as you were falling, or was it a situation
7 where you fell and then you kind of gathered

8 yourself and you were looking around at the ground
9 that you were on?

10 A. Well, when you start to -- when you start

11 to fall, all of a sudden you realize that you're

12 falling. And I realized I was falling, and like you

13 said, it's almost instantaneous. You're only

14 talking about a couple seconds.
15 And once I was on the ground and I was on

16 my right side and my shoulder basically had hit
17 first, I did bang my head, but I was in a position

18 where I could look back to see what it was I had

19 tripped on. And I could see the rug.

20 Q. All right. So let's talk about what you

21 saw when you looked back.

22 A. Okay.

23 Q. All right. So you're saying that you felt

24 your left foot get caught on something that you
25 think was the mat; correct?

U.S. Legal Support ? www.uslegalsupport.com 113
Exhibit B
Ann Murdock
October 28, 2021

1 A. Correct.

2 Q. Okay. So when you looked back, did you

3 actually see your left foot, like, caught on the mat
4 itself; or was the left foot already off the mat or

5 no longer caught?

6 A. I think my left foot was out flat by then.

7 I was out flat, and I could see my foot right back

8 at the mat, at the edge of the mat.

9 Q. Okay. So your body -- was it on the mat

10 after you fell?

11 A. I don't know. Partially, I believe. I

12 have to be honest. I don't know.

13 Q. Do you believe that your shoulder and your

14 head hit the mat?

15 A. I think my shoulder hit the floor.

16 Q. Okay. So

17 (Simultaneous speakers -
unclear.)

18 A. Forward and you fall, you know, you're

19 propelled forward; so...
20 Q. Well, that brings up another question.

21 Okay?
22 So you're saying that you fell to your

23 right side; correct?
24 A. Correct.

25 Q. And you were on your way walking out to

U.S. Legal Support ? www.uslegalsupport.com 114
Exhibit B
Ann Murdock
October 28, 2021

1 affix it to the ground?

2 A. No.

3 Q. Do you know if the rug was placed in

4 accordance with the manufacturer's guidelines?

5 A. No, I do not.

6 Q. Okay. Was the rug wet prior to or at the

7 time of your fall?

8 A. I don't believe so.

9 Q. Had it rained at all when you were in the

10 building that day?
11 A. No.

12 Q. And what okay. So tell me how you

13 would describe the rug. Tell me what happened in

14 this incident.

15 A. All right. We were walking toward the

16 exit. We had sealed this deal, and we were walking

17 outside to pick up our car that we were trading in.

18 And the two gentlemen were walking in front of us.

19 And as I walked toward them and the door,

20 my foot got caught in the rug and I fell. I fell

21 down on my right side on my shoulder, and my head

22 went to the side. And I could look back, and I

23 could see the rug. And the rug was not down flat.

24 The rug had a like, a bump in it or whatever you

25 call it.

U.S. Legal Support ? www.uslegalsupport.com 78
Exhibit B
Ann Murdock
October 28, 2021

1 Q. No. Go ahead. I didn't mean to cut you

2 off.

3 A. Passed that I don't think I paid a lot
4 of attention to feel around and say, "Where am I?"

5 I just knew I was on the floor or the rug and I had

6 hurt my shoulder and bumped my head. And I just

7 know that I became prone. And I could look back,

8 and I could see the mat where it was curled up where

9 my foot had caught.
10 Q. Okay. So now that's the next part I want

11 to get into. Okay?
12 So when you were looking back and you saw

13 your left foot, was your left foot actually over the
14 mat or was it behind the mat or somewhere else?

15 A. I hope it was attached.
16 I can't be sure. When I looked back --

17 Q. Sorry.
-- if it was somewhere else,
18 A. I hope it was
19 attached.

20 I cannot be sure if it was left, right. I

21 can't be positive.

22 Q. Okay. When you say that a part of the mat

23 was curled up, was that the part that was closest to

24 your left foot?
25 A. I believe so, yes.

U.S. Legal Support ? www.uslegalsupport.com 117
Exhibit B
Ann Murdock
October 28, 2021

1 Q. Okay. Have you spoken to him since this

2 incident?

3 A. No.

4 Q. Did you have any problems dealing with

5 Mr. Duarte?

6 A. No.

7 Q. Did you tell any of the doctors or staff

8 at the hospital on October 26th, 2017, that you got

9 your -- strike that.

10 Did you tell any of the hospital staff or

11 doctors on October 26th, 2017, that your foot got

12 caught in the carpeting and you fell on the floor?
13 A. Yes, I did.

14 Q. And where were you looking just before

15 your fall?
16 A. Well, we were walking through the front

17 door. Two gentlemen were in front of us, and we --

18 my husband and I were behind them. And we were

19 looking toward the front door.
20 Q. Whe

Case Info

Judge

Olefson, Shari Africk Track Judge’s New Case

Case No.

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Document Filed Date

February 03, 2023

Case Filing Date

February 08, 2021

County

Parties

Blaker, Jeffrey Alan Attorney for the Defendant
Burns, Ryan D Attorney for the Defendant
Cintas Corporation No. 2 Defendant
Hager, Julie A Attorney for the Plaintiff
Murdock, Ann Plaintiff
Murdock, Donald Plaintiff
RKR Motors Inc Defendant
Rubin, Jeffrey K, ESQ. Attorney for the Defendant
Jeffrey Blau Attorney
D Ryan Attorney
Maria Klein Attorney
Julie Hardy Attorneys for Plaintiffs
Andrew Hager Attorney
Adam Levy Attorney
Jeffrey Berger Attorney
Ryan Doherty Attorney
Jeffrey Kern Attorneys for Defendants
Julie Azuaje Attorney
Jeffrey Aiken Attorneys for Plaintiffs

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Motion-Secondary: Ann Murdock, et al Plaintiff vs. RKR Motors Inc Defendant

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