Page 1 of 3 IN THE TWELFTH JUDICIAL CIRCUIT COURT IN AND FOR SARASOTA COUNTY, FLORIDA JACK KOWALSKI, JACK KOWALSKI AND ON BEHALF OF HIS CHILDREN MK A MINOR, JACK KOWALSKI AND ON BEHALF OF HIS CHILDREN KK A MINOR, JACK KOWALSKI AND AS PERSONAL REPRESENTATIVE OF THE ESTATE OF BEATA KOWALSKI DECEASED, Plaintiff, v. CASE NO. 2018 CA 005321 NC DIVISION C CIRCUIT JOHNS HOPKINS ALL CHILDRENS HOSPITAL INC, SUNCOAST CENTER INC, CATHERINE BEDY, THE DEPARTMENT OF CHILDREN AND FAMILIES AS THE CUSTODIAN OF RECORDS, SALLY M SMITH MD, JOHNS HOPKINS HEALTH SYSTEM CORPORATION INC, Defendant. _____________________________________ ORDER GRANTING DEFENDANT BEDY’S FIRST MOTION IN LIMINE REGARDING “GROOMING” AND “SEXUAL BATTERY” BEFORE THE COURT is Defendant Catherine Bedy’s Motion in Limine regarding the terms and phrases such as sexual battery and grooming [DIN 3146]. In her motion, Ms. Bedy seeks to preclude Plaintiffs from contending Ms. Bedy “groomed” M.K. or that Ms. Bedy “sexually battered” M.K. Plaintiffs oppose this request, believing those terms are a fair comment on the evidence. The Court understands the universe of evidence from which Plaintiffs contend these terms and phrases are a fair comment include: (1) Ms. Bedy required M.K. to strip into her underwear so that Ms. Bedy could photograph M.K.’s nearly naked body; (2) Ms. Bedy Filed 08/11/2023 07:26 AM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL Page 2 of 3 touching, patting, and rubbing M.K.’s legs, kissing her forehead, and placed her into Ms. Bedy’s lap; and (3) Ms. Bedy telling M.K. that she (Ms. Bedy) could be M.K.’s Mommy. However, in context, there is no contention or evidence that Ms. Bedy engaged in, attempted to engage in, or was conditioning M.K. to engage in any sexual contact. The terms and phrases such as grooming and sexual battery convey a specific meaning. Use of those terms and phrases improperly have the potential of being unfairly, and highly prejudicial to Ms. Bedy. Here, the universe of evidence, even in the light most favorable to Plaintiffs, does not suggest, either directly or by implication, any sexual contact or any prelude to sexual contact between Ms. Bedy and M.K. Use of these or similar terms (such as sexual assault or sexual contact) are improper and an unfair comment on the evidence and would be highly prejudicial to Ms. Bedy. Accordingly, Plaintiffs shall not state or suggest before the jury that Ms. Bedy was “grooming” M.K. or that Ms. Bedy engaged in sexual battery, sexual assault, sexual contact, or similar conduct with M.K. In the event Plaintiffs present additional evidence in support of these terms or phrases, Plaintiffs must request permission to readdress the issue outside the presence of the jury. DONE AND ORDERED in Sarasota, Sarasota County, Florida, on August 11, 2023. HUNTER W CARROLL Circuit Judge SERVICE CERTIFICATE On August 11, 2023, the Court caused the foregoing document to be served via the Clerk of Court’s case management system, which served the following individuals via email (where indicated). On the same date, the Court also served a copy of the foregoing document via First Class U.S. Mail on the individuals who do not have an email address on file with the Clerk of Court. C HOWARD III HUNTER HILL WARD & HENDERSON PA P.O. BOX 2231 TAMPA, FL 33602 CHRIS WILLIAM ALTENBERND 801 E TWIGGS ST # 600 Filed 08/11/2023 07:26 AM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL Page 3 of 3 TAMPA, FL 33602 GREGORY ANDREW ANDERSON ONE ENTERPRISE CTR 225 WATER ST STE 2100 JACKSONVILLE, FL 32202 ETHEN R SHAPIRO HILL WARD HENDERSON P. O. BOX 2231 TAMPA, FL 33601 PATRICIA D CRAUWELS 1626 RINGLING BLVD STE 300 SARASOTA, FL 34236 NICHOLAS P WHITNEY 10751 DEERWOOD PARK BLVD STE 105 JACKSONVILLE, FL 32256 DAVID W HUGHES HILL WARD HENDERSON P.O. BOX 2231 44601-2231, FL TAMPA Filed 08/11/2023 07:26 AM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL