HomeMy WebLinkAbout15.h Liberty Mutual - Lois Smith Summons Filing # 188259836 E-Filed 12/18/2023 03:22:50 PM
IN THE CIRCUIT COURT OF THE
FOURTH JUDICIAL CIRCUIT IN AND
FOR CLAY COUNTY, FLORIDA
CASE NO: 2023CA001593
9 .4I
LIBERTY MUTUAL FIRE INSURANCE COMPANY
a/s/o LOIS SMITH, . /Croi
Plaintiff,
v.
�1� 70-
CLAY COUNTY UTILITY AUTHORITY and
INSITUFORM TECHNOLOGIES, LLC,
Defendants.
SUMMONS
THE STATE OF FLORIDA:
To Each Sheriff of the State:
YOU ARE COMMANDED to serve this summons and a copy of the complaint or petition in
this action upon the defendant:
CLAY COUNTY UTILITY AUTHORITY
3176 Old Jennings Road
Middleburg, FL 32068-3907
Each defendant is required to serve written defenses to the complaint or petition upon plaintiff's
attorney,whose name and address is:
LAW OFFICES OF J. CHRISTOPHER NORRIS
Attorney for Defendant
PO Box 7217
London, KY 40742
Telephone: (407) 648-0123
FBN: 0108551
Primary E-mail: JacksonvilleLegalmail a,libertymutual.com
Secondary E-mail: Jeffrey.Sneed@libertymutual.com
within 20 days after service of this summons on that defendant, exclusive of the date of service, and
to file the original of the defenses with the clerk of this court either before service on the attorneys or
immediately thereafter. If a defendant fails to do so, a default will be entered against that defendant
for the relief demanded in the complaint or petition.
DATED on this day of . 2023.
TARA S. GREEN
al 4N
�o, di ' °moo As Clerk of Court
0 II r�
a "� � �,�/ By: 1, /"� �12/18/2023
`' As Deputy Clerk
C441'CoUS14
NOTICE TO PERSONS WITH DISABILITIES
If you are a person with a disability who needs any accommodation in order
to participate in this proceeding, you are entitled, at no cost to you, to the
provision of certain assistance. Please contact the ADA Coordinator at the
Office of the Trial Court Administrator, Lake County Courthouse, P.O Box
7800/550 W. Main Street, Tavares, Florida 32778, Telephone (352) 742-4221,
at least 7 days before your scheduled court appearance, or immediately upon
receiving this notification if the time before the scheduled appearance is less
than 7 days; if you are hearing or voice impaired, call 711.
Si usted es una persona minusvalida que necesita algun acomodamiento para poder participar
en este procedimiento, usted tiene derecho, sin tener gastos propios, a que se le provea cierta
ayuda. Tenga la amabilidad de ponerse en contacto con ADA Coordinator at the Office of the
Trial Court Administrator, Lake County Courthouse, P.O Box 7800/550 W. Main Street,
Tavares, Florida 32778, Telephone (352) 742-4221„ por to menos 7 dias antes de la cita fijada
para su comparecencia en los tribunales, o inmediatamente despues de recibir esta notificacion
si el tiempo antes de la comparecencia que se ha programado es menos de 7 dias; si usted tiene
discapacitacion del oido o de la voz, llame al 711.
Si ou se you moun ki enfim ki bezwen akomodasyon you w ka patisipe nan pwosedi sa, ou
kalifye san ou pa gen okenn lajan pou w peye, gen pwovizyon pou jwen kek ed. Tanpri
kontakte ADA Coordinator at the Office of the Trial Court Administrator, Lake County
Courthouse, P.O Box 7800/550 W. Main Street, Tavares, Florida 32778, Telephone (352) 742-
4221, nan 7 jou anvan dat ou gen randevou pou paret nan tribinal la, oubyen imedyatman apre
ou fin resevwa konvokasyon an si le ou gen pou w paret nan tribinal la mwens ke 7 jou; si ou
gen pwoblem pou w tande oubyen pale, rele 711.
If you fail to appear, you may be in contempt of court.
You are subpoenaed by the following attorney, and unless excused from this subpoena by
this attorney or the court, you shall respond to this subpoena as directed.
Filing # 188259836 E-Filed 12/18/2023 03:22:50 PM
IN THE CIRCUIT COURT OF THE
FOURTH JUDICIAL CIRCUIT IN AND
FOR CLAY COUNTY, FLORIDA
CASE NO:
LIBERTY MUTUAL FIRE INSURANCE COMPANY
a/s/o LOIS SMITH,
Plaintiff,
v.
CLAY COUNTY UTILITY AUTHORITY and
INSITUFORM TECHNOLOGIES,LLC,
Defendants.
COMPLAINT FOR DAMAGES
NOW COMES the Plaintiff, Liberty Mutual Fire Insurance Company a/s/o Lois Smith, by
and through its attorneys, Law Offices of J. Christopher Norris, files this Complaint for Damages,
and in support thereof, states as follows:
I. PARTIES,JURISDICTION,AND VENUE
1. Subrogor, Lois Smith, is a Florida resident that resides at 299 Aquarius Concourse,
Orange Park, FL 32073-2401 (hereinafter"subject property").
2. Plaintiff and Real Party in Interest, Liberty Mutual Fire Insurance Company, is a
Liberty Mutual Insurance Group company, which is a Massachusetts insurance corporation doing
business in the State of Florida.
3. Defendant, Clay County Utility Authority, is a Florida entity operating in the State of
Florida, with an address of 3176 Old Jennings Road, Middleburg, FL 32068-3907. Plaintiff has
complied with all condition's precedent including statutory pre-suit notice which was received by
Clay County Utility Authority and the Florida Department of Insurance on/or about May 1, 2023.
4. Defendant, Insituform Technologies, LLC, is a Missouri entity operating in the State
of Florida, with a Headquarters address of 580 Goddard Ave Chesterfield, MO 63005-1120, that
may be duly served with citation by serving its Registered Agent at: Attn: CSC-Lawyers
Incorporating Service Company, 221 Bolivar St.,Jefferson City, MO 65101.
5. Venue of this suit is proper in Clay County, Florida, pursuant to Florida Civil
Procedures as it's where the acts or omissions occurred.
6. The Court has jurisdiction over the controversy because the damages sued for, in
excess of$67,000.00, are in excess of the minimum jurisdictional limits of this Court.
II. FACTS
7. At all times relevant,Lois Smith owned residential real property,located at 299
Aquarius Concourse, Orange Park, FL 32073-2401.
8. At all times relevant,Plaintiff,Liberty Mutual Fire Insurance Company, a Liberty
Mutual Insurance Group company ("LMFIC"),was and is a Massachusetts corporation with its
principal place of business in Boston,MA.
9. At all times relevant,LMFIC was in the business of providing, among other things,
homeowner's insurance services to customers in Florida and throughout the United States,including
Lois Smith, pursuant to a policy of insurance (policy no. H3225145503211), that was effective on
the date of May 2, 2021. Plaintiff LMFIC brings this action as subrogee of Lois Smith,pursuant to
the terms of that policy of insurance.
10. The Defendant, Clay County Utility Authority, is a Florida public utility company
that renovated existing sewer lines and as part of this work made new connections to the
homeowners' existing drain lines. This work included connecting to Plaintiff's insured's subject
property drain line, on or before May 2, 2021. Defendant Clay County Utility Authority performed
these connections directly or through its contractor, Insituform Technologies, LLC,its employees or
subcontractors.
•
11. As part of utility system renovations, the Defendants assumed the responsibility for
connecting/reconnecting homeowner lines to the sewer system, and they exercised exclusive control
over the means, methods and materials of the connection. When Clay County Utility Authority
voluntarily assumed this task, they created a zone of risk for the customers based upon whether the
connections were properly made, and assumed a non-delegable duty to customers such as Lois
Smith to exercise reasonable care in completing the connection and doing so in conformance with
generally accepted standards in the industry.
12. The Defendant, Insituform Technologies, LLC, is a Missouri company hired by Clay
County Utility Authority to assist with the replacement of drain lines from the county connections
to the homeowners' existing lines, more specifically to Plaintiff's insured's subject property lines, on
or before May 2, 2021. In performing this service on behalf of the Clay County Utility Authority,
Defendant, Insituform Technologies, LLC assumed a non-delegable duty to customers such as Lois
Smith to exercise reasonable care in completing the connection and doing so in conformance with
generally accepted standards in the industry.
13. On or about on May 2, 2021, the subject property sustained damages when
there was a back-up through the sewer/drain. The Defendants were negligent in the connections of
the sewer drains to Lois Smith's residence and failed to perform the connection in conformance
with generally accepted standards in the industry. The pipes were not aligned correctly, and the
Defendants' negligence was the proximate cause of a sewer backup to the subject property and
resulting property damage and loss of use.
14. Pursuant to its homeowner's policy of insurance with Lois Smith,LMFIC has paid,
to or on behalf of,Lois Smith, the amount of$67,582.54, to date,which includes a $500.00
deductible incurred by Plaintiff's insured,Lois Smith, and Plaintiff is subrogated to the extent of
those payments.
15. Defendants have refused to accept responsibility and pay Plaintiff's damages
following the loss.
Count I NEGLIGENCE AGAINST CLAY COUNTY UTILITY AUTHORITY
16. Plaintiff re-alleges and incorporate by reference the allegations contained in
Paragraphs 1 through 15 as though fully set forth herein.
17. The incident involved the Defendant, Clay County Utility Authority,whose negligent
and careless workmanship,hiring of contractors, supervision, and inspection of work, caused water
and sewage to infiltrate the Plaintiff's insured,Lois Smith's home, causing damages to her real and
personal property.
18. The Defendant, Clay County Utility Authority,is liable for Plaintiff's damages, as
their negligent workmanship, management, supervision and inspection, caused property damages to
Plaintiff's insured,Lois Smith.
19. The incident and subsequent damages as described herein were the direct and
proximate result of the negligence and carelessness of Defendant, Clay County Utility Authority, in
the following but not exclusively enumerated sub-paragraphs:
a. Negligently and carelessly failing to confirm that the personel and subcontractors had the
proper training to perform the tasks at hand;
b. Negligent and careless supervision of contractors;
c. Negligently and carelessly performing construction work, and failing to connect
replacement pipes properly.
d. Negligent and careless inspection of contractors'/employees'work;
e. Failing to warn of the dangerous conditions caused by Defendants;
20. The resulting damages as aforesaid would not have occurred but for the negligence
and carelessness of Defendant, Clay County Utility Authority.
21. As a direct and proximate result of one or more of the aforesaid careless and
negligent acts and/or omissions on the part of the Defendant, Clay County Utility, Plaintiff's
insured, Lois Smith, sustained real and personal property damages.
22. As a direct and proximate result of the real and personal property damages loss
sustained by Lois Smith,Plaintiff, LMFIC, paid certain benefits to or on behalf of Lois Smith,in the
amount of$67,582.54 to date,pursuant to its homeowner's policy of insurance.
23. As a direct and proximate result of LMFIC's payment of benefits to or on behalf of
Lois Smith,LMFIC is entitled to payment by Defendants.
Wherefor the Plaintiff demands judgement against Clay County Utility Authority for damages and
costs.
Count II NEGLIGENCE AGAINST INSITUFORM TECHNOLOGIES, LLC
24. Plaintiff re-alleges and incorporate by reference the allegations contained in
Paragraphs 1 through 15 as though fully set forth herein.
25. The incident involved the Defendant, Insituform Technologies,LLC,whose
negligent and careless workmanship caused water to infiltrate the Plaintiff's insured,Lois Smith's
home, causing damages to her real and personal property.
26. The Defendant,Insituform Technologies,LLC,is liable for Plaintiff's damages, as
their negligent workmanship caused property damages to Plaintiff's insured,Lois Smith.
27. The incident and subsequent damages as described herein were the proximate result
of the negligence and carelessness of Defendant, Insituform Technologies,LLC,in the following
but not exclusively enumerated sub-paragraphs:
a. Negligently failing to ensure that its employees and subcontractors had the proper training
to perform the tasks at hand;
b. Negligent and careless supervision of employees and subcontractors;
c. Negligently and carelessly performing construction work, and failing to connect
replacement pipes properly so as to cause a blockage;
d. Negligent and careless inspection of employees' and subcontractors work;
e. Failing to warn of the dangerous conditions caused by Defendants.
28. The resulting damages as aforesaid would not have occurred but for the negligence
and carelessness of Defendant, Insituform Technologies, LLC.
•
29. As a direct and proximate result of one or more of the aforesaid careless and
negligent acts and/or omissions on the part of the Defendant, Insituform Technologies,LLC,
Plaintiff's insured,Lois Smith, sustained real and personal property damages.
30. As a direct and proximate result of the real and personal property damages loss
sustained by Lois Smith,Plaintiff, LMFIC, paid certain benefits to or on behalf of Lois Smith,in the
amount of$67,582.54 to date,pursuant to its homeowner's policy of insurance.
31. As a direct and proximate result of LMFIC's payment of benefits to or on behalf of
Lois Smith, LMFIC is entitled to payment by Defendants.
WHEREFORE, Plaintiff, Liberty Mutual Fire Insurance Company a/s/o Lois Smith,prays
for judgment for damages in its favor against Defendant, Insituform Technologies,LLC, together
with pre-judgment interest, costs, expenses and any other further and/or additional relief which the
Court deems, just, fair, appropriate and/or reasonable under the circumstances.
PLAINTIFF DEMANDS TRIAL BY JURY AGAINST DEFENDANTS.
LAW OFFICES OF J. CHRISTOPHER NORRIS
By
:
JEFFREY SNEED, FL Bar No: 593450
Attorney for Plaintiff
1301 RiverPlace Blvd., Suite 1640
Jacksonville, FL 32207
Telephone: (904) 346-5422
Facsimile: (866) 270-1372
Primary E-mail:JacksonvilleLegalMailQ,,LibertyMutual.com
Secondary E-mail:Jeffrey.sneed@libertymutual.com
IN THE COUNTY COURT OF THE FOURTH JUDICIAL CIRCUIT,
IN AND FOR CLAY COUNTY, FLORIDA
LIBERTY MUTUAL FIRE INSURANCE
COMPANY,
Plaintiff(s), CASE NO.: 2023CA001593
vs. DIVISION: B
CLAY COUNTY UTILITY AUTHORITY and
INSITUFORM TECHNOLOGIES, LLC,
Defendant(s).
AMENDED ORDER SETTING CASE MANAGEMENT PLAN
FOR NON-COMPLEX CASES
The civil action comes before the Court upon Plaintiff filing a complaint. The Court now
establishes a Case Management Plan as set forth below. If a case is declared complex, the parties shall
follow the procedures in Florida Rule of Civil Procedure 1.201,rather than this Case Management Plan.
DEADLINE OR EVENT DATE
Deadline for Service of Process 120 days
Within 60 days of filing the motion/objection or,
if such motion/objection was previously filed,
within 60 days of date of entry of this Order
approving this Case Management Plan, counsel
Motions to Dismiss,Motion for More Definite must schedule with the Court's Judicial Assistant
Statement,Motions to Strike and any a hearing on the motion/objection. Failure to do
objections to the pleadings so will result in the motion/objection being
deemed abandoned and denied. Non-movement
shall timely submit a proposed order if the
motion/objection is deemed abandoned and
denied.
Plaintiff must and any party may file a notice that
the action is at issue and ready to be set for trial
pursuant to Florida Rule of Civil Procedure
1.440(b) and any party filing a notice for trial
Notice for Trial shall also submit to the Court a completed Trial
Set Memorandum within ten (10) days from the
date the case is at issue as defined by Rule
1.440(a). Each civil division's Trial Set
Memorandum and any other procedures for
setting trials are posted on the Fourth Judicial
Circuit's website:jud4.org.
It is ORDERED:
1. COMPLIANCE WITH THIS CASE MANAGEMENT PLAN: The parties shall strictly
comply with the terms of this Case Management Plan, unless otherwise ordered by the Court.
Failure to comply with all requirements of this order may result in the imposition of sanctions,
including dismissal of the case.
2. ADDITIONAL FOURTH CIRCUIT AND DIVISION SPECIFIC GUIDELINES: All
counsel and unrepresented parties shall familiarize themselves and comply with the requirements
of the Fourth Judicial Circuit's Amended Administrative Order 2023-05, In Re: Civil Case
Management and Resolution in Circuit Court of Non-Complex Cases (Attachment 1), and any
division-specific guidelines may apply.
3. MODIFICATION OF THIS ORDER: The parties may not, individually or by agreement, alter
or extend the deadlines in this Order, or waive any of the provisions of this Order. The provisions
of this Order may be modified only upon motion/stipulation and Court order, according to
applicable law.
4. NOTICE FOR TRIAL: Plaintiff shall and any party may file a notice that the action is at issue
and ready to be set for trial pursuant to Florida Rule of Civil Procedure 1.440(b) and submit to the
Court a completed Trial Set Memorandum no later than ten (10) days after the date the case is at
issue as defined by Florida Rule of Civil Procedure 1.440(a) to schedule the case for trial
pursuant to the division's procedures.
5. DISCOVERY: All counsel and unrepresented parties shall familiarize themselves with the
current edition of the Florida Handbook on Civil Discovery Practice and seek to resolve
discovery issues without Court intervention whenever possible.
6. SERVICE OF THIS ORDER: When serving the Complaint on a party, Plaintiff must also serve
a copy of this Order Setting Case Management Plan for Non-Complex Cases on that party.
Plaintiff shall file a Certificate of Service of this Order within ten(10)days of service.
DONE at Green Cove Springs, Clay County, Florida on December 18, 2023.
STEVEN B. WHITTINGTON, CIRCUIT JUDGE
If you are a person with a disability who needs any accommodation to participate in this
proceeding,you are entitled, at no cost to you, to the provision of certain assistance. Please contact
the ADA Coordinator, at least seven (7) days before your scheduled court appearance or
immediately upon receiving this notice if the time before the scheduled appearance is less than
seven (7) days. If you are hearing or voice impaired,call 711.
ADA Coordinator: Debra Marchant, Human Resources Manager, Duval County Courthouse, 501
W.Adams Street,Jacksonville,FL 32202. (904) 255-1695.
IN THE CIRCUIT COURT OF THE
FOURTH JUDICIAL CIRCUIT IN AND
FOR CLAY COUNTY, FLORIDA
CASE NO: 2023-CA-1593
LIBERTY MUTUAL FIRE INSURANCE COMPANY
a/s/o LOIS SMITH,
Plaintiff,
v.
CLAY COUNTY UTILITY AUTHORITY and
INSITUFORM TECHNOLOGIES,LLC,
Defendants.
NOTICE OF SERVICE OF INTERROGATORIES
The Plaintiff, LIBERTY MUTUAL FIRE INSURANCE COMPANY, files this Notice of Service of
Interrogatories to Defendant Clay County Utility Authority, in the above-styled cause, pursuant to
Rule 1.340, Florida Rules of Civil Procedure,with the Summons and Complaint in this matter.
Law Office of J. Christopher Norris
PO Box 7217
London, KY 40742
Telephone: 904-346-5422
Attorney for Plaintiff
JEFFREY SNEED, FBN#593450
Primary E-mail (eservice only): JacksovnilleLegalMail@LibertyMutual.coin
Secondary E-mail: Jeffrey.Sneed@libertymutual.corn
IN THE CIRCUIT COURT OF THE
FOURTH JUDICIAL CIRCUIT IN AND
FOR CLAY COUNTY, FLORIDA
CASE NO: 2023-CA-1593
LIBERTY MUTUAL FIRE INSURANCE COMPANY
a/s/o LOIS SMITH,
Plaintiff,
v.
CLAY COUNTY UTILITY AUTHORITY and
INSITUFORM TECHNOLOGIES, LLC,
Defendants.
INTERROGATORIES PROPOUNDED TO DEFENDANT CLAY COUNTY UTILTITY
AUTHORITY
Plaintiff, LIBERTY MUTUAL FIRE INSURANCE COMPANY a/s/o LOIS SMITH, (Hereinafter
either "Plaintiff", or "Liberty Mutual") by and through its undersigned counsel propounds the
following Interrogatories to Defendant Clay County Utility Authority to be answered in writing,under
oath, within 45 days of the date of service, in accordance with the applicable Florida Rules of Civil
Procedure:
1. What is the name and address of the person answering these interrogatories, and,if applicable, the
person's official position or relationship to the party to whom the interrogatories are directed?
ANSWER:
2. Please identify with the names,mailing addresses,physical addresses,telephone numbers,and email
addresses of any and all individuals and/or entities who are known or believed to have knowledge
and/or information about the facts and allegations of this matter;and describe and explain the subject
matter about which the individuals and/or entities have knowledge and/or information, and if
applicable, the individual's and/or entities'position or relationship to you.
ANSWER:
3. Please identify with specificity the date or dates that Defendant first became aware of the
connection issue with the property that is the subject of this litigation, and describe all actions taken
by the Defendant as a result.
ANSWER:
4. Identify the person/entity and describe the scope of work and/or provision of materials if you
contend any person or entity other than the Clay County Utility Authority was responsible for the
re-connection of the residence that is the subject of this action to the Defendants sewer system on or
about May 2, 2021, and the basis for your contention (for example—oral or written contract).
ANSWER:
5. Have You performed any investigation as it relates to the work referenced in the Complaint and
the alleged defect or deficiencies described?If so, please state as follows:
a. The date of the investigation(s);
b. Who performed such investigation(s);
c. Who was present for the investigation(s), and;
d. Whether any report was generated regarding the results of the
investigation(s).
ANSWER:
6. Identify all contractors involved, and describe the scope of work and/or provision of materials by
each, for any work provided in 2021 at 299 Aquarius Concourse, Orange Park, FL 32073-2401, by or
on behalf of the Clay County Utility Authority.
ANSWER:
7. Do you maintain or have you maintained any insurance policies through which you are or may
be entitled to coverage for losses or expenses that have been or may be incurred related to the
claims asserted in the Complaint?
ANSWER:
•
8. Do you or anyone acting on your behalf know of any photographs, films, videotapes,recordings,
or electronically stored information ("Recordings") depicting any place, object, event, or individual
that is the subject of the Complaint, and if so, can you please identify with specificity the names,
mailing addresses, physical addresses, telephone numbers, and email addresses of individuals and/or
entities with such Recordings and a description of the Recordings?
ANSWER:
9. Identify all communications between you and construction professionals (including architects,
engineers, the general contractor and/or any subcontractor) that concern the sewer drain connection
at 299 Aquarius Concourse, Orange Park, FL 32073-2401, or any sewer blockage or backup at that
location.
ANSWER:
10. Describe in detail how the incident described in the Complaint happened, including all actions
taken by you to prevent the incident.
ANSWER:
11.Describe in detail each act or omission on the part of anyone or any entity that you contend
constituted negligence that was a contributing legal cause of the incident described in Plaintiff's
Complaint.
ANSWER:
12. Have you heard or do you know about any statement or remark made by or on behalf of any party
to this lawsuit, other than yourself, concerning any issue in this lawsuit? If so, state the name and
address of each person who made the statement or statements, the name and address of each person
who heard it, and the date, time, place and substance of each statement.
ANSWER:
13. Do you intend to call any expert witnesses at the trial of this case? If so, state as to each such
witness the name and business address of the witness, the witness's qualifications as an expert, the
subject matter upon which the witness is expected to testify, the substance of the facts and opinions
to which the witness is expected to testify, and a summary of the grounds for each opinion.
ANSWER:
14. Have you made an agreement with anyone that would limit that party's liability to anyone for any
of the damages sued upon in this case? If so, state the terms of the agreement and the parties to it.
ANSWER:
15. If you contend that there were deviations from the plans and specifications that caused or
contributed to cause the damages, about which Plaintiffs seek recovery, generally describe those
deviations from the plans and specifications and state to whom each deviation is attributed.
ANSWER:
16. If you allege that Plaintiff failed to perform any pre-suit conditions precedent to this action,
describe this in detail and state all facts you contend support that allegation, and any notices that you
provided to Plaintiff or its agents relating to your contention that the condition precedent was not
complied with.
ANSWER:
Lois Smith v. Clay County
VERIFICATION OF ANSWERS TO INTERROGATORIES
STATE OF FLORIDA
COUNTY OF
On this day before me, the undersigned authority duly authorized in the State and County
aforesaid to administer oaths,personally appeared ,who is personally known to
me or who has produced sufficient identification in the form of and
who did take an oath and says that he has read the foregoing Interrogatory answers and that the
matters and things contained therein are true and correct to the best of his/her knowledge,
information, and belief, and subscribes his/her name hereto in certification thereof.
For Defendant Clay County Utility Authority
SWORN TO AND SUBSCRIBED before me this day of , 2024.
Notary Public, State of Florida
My Commission Expires
NOTARY SEAL
IN THE CIRCUIT COURT OF THE
FOURTH JUDICIAL CIRCUIT IN AND
FOR CLAY COUNTY, FLORIDA
CASE NO: 2023-CA-1593
LIBERTY MUTUAL FIRE INSURANCE COMPANY
a/s/o LOIS SMITH,
Plaintiff,
v.
CLAY COUNTY UTILITY AUTHORITY and
INSITUFORM TECHNOLOGIES, LLC,
Defendants.
PLAINTIFF'S REQUEST FOR PRODUCTION
Plaintiff, LIBERTY MUTUAL FIRE INSURANCE COMPANY a/s/o LOIS SMITH, (Hereinafter
either "Plaintiff', or "Liberty Mutual") by and through its undersigned counsel, pursuant to the
applicable Rules of CivilProcedure, hereby requests that the Defendant CLAY COUNT Y
UTILITY AUTHORITY produce for inspection and/or copying within thirty days of service
of this Request, the following:
Definitions:
"Connection" as used herein shall refer to the connection between the residence and the
Defendants sewage waste lines.
"incident" as used herein shall refer to the work performed by the Defendant connecting the
subject property to Defendant's lines, or the sewage backup that occurred in May of 2021 after the
connection was placed in service.
"subject property" shall refer to 299 Aquarius Concourse, Orange Park, FL
1 All communications, notices, correspondence, emails, voicemails between the
Defendant Clay County Utility Authority, and Lois Smith, her attorneys agents or representatives,
relating in any way to the incident described in Plaintiff's Complaint.
2. All communications, notices, correspondence, emails, voicemails between the
Defendant Clay County Utility Authority, and Plaintiff, its attorneys', agents or representatives, that
relate in any way to the incident described in Plaintiff's Complaint.
3. All Contracts, accepted bids, agreements, work orders or other similar documents
relating to any scope of work or materials provided in 2021 by or on behalf of the Clay County Utility
Authority on or adjacent to the property that is the subject of this action.
4. All contracts or agreements with any entities to perform work related to connecting
or reconnecting sewage drain lines at the subject property in 2021.
5 All photographs, videos, or other documents depicting the connections that are the
subject of this litigation, or the damages to the subject property.
6. All communications between the Defendants relating to any work performed at the
subject property in April or May of 2021.
7. Copies of any complaints from any residences or properties relating to sewage backup
arising from work performed as part of the contract between the Defendants for system
improvements being performed in 2021.
Law Office of J. Christopher Norris
PO Box 7217
London, KY 40742
Telephone: 904-346-5422
Attorney for Liberty Mutual
ia c--
JEFFREY SNEED, FBN#593450
Primary E-mail (eservice only): JacksonvilleLegalMail@LibertyMutual.com
Secondary E-mail: Jeffrey.Sneed@libertymutual.com