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HomeMy WebLinkAbout1475 a~se2s IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT, IN AND'FOR SAINT LUCIE COUNTY, STATE OF FLORIDA. CASB NO.: 76-35 CA JESSIE WILLIAMS, Administrator of the Estate of BONITA WILLIAMS, Deceased, Plaintiff, vs. HOYLE SHANKLE, COCA COLA FOODS DIVISION, INC., and STANDARD GUARANTY INSURANCE COMPANY, Defendants. PRE-TRIAL ORDER THIS CAUSE having come on to be heard for a Pre- Trial Conference on May 9, 1980, and after discussing the merits of this case with counsel of record including a delineation of the issues in dispute, it is, ORDERED AND ADJUDGED as follows: - (1) That the Motion to Dismiss Plaintiff's claim for ~ punitive damages as against COCA COLA FOODS DIVISION, INC., ~ is hereby granted subject only to permitting the Plaintiff to re-assert a claim for punitive damages by way of a Motion to Conform to the evidence presented at trial. (2) The Response to Requests for Admissions certified on behalf of COCA COLA FOODS DIVISION, INC., on April 3, 1980, is hereby deemed timely. This Court accepts the representation of counsel of record for Coca Cola Foods Division, Inc., to the effect that he never received a copy of Plaintiff's Requests for Admissions when the original of same was filed, and that upon his first notice of the filing of these Requests for Admissions, an appropriate Response was filed. Hence, this Court rejects Plaintiff's .contention that the absence of an earlier response to these Requests for Admissions deems those requested facts ~(JJ~ P~GE~~ /J s BRENNAN~ Mr_ALILEY~ HAYSKAR b McALILEY, ATTORNEYS AT LAW, 519 SOUTH INDIAN RIVER OR., FORT PIERCE. FLA. 33450 f