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 DENYING DEFENDANT BEDY’S SECOND MOTION IN LIMINE REGARDING “HITMAN” TERM AND CONTRIBUTING TO DEATH OF BEATA KOWALSKI BEFORE THE COURT is Defendant Catherine Bedy’s Second Motion in Limine regarding the terms “hitman,” “hatchet man,” and similar potentially pejorative descriptions as well as precluding argument that Ms. Bedy contributed to the death of Beata Kowalski [DIN 3179]. In her motion, Ms. Bedy seeks to preclude Plaintiffs from making two separate contentions. First , she seeks to preclude Plaintiffs from arguing or presenting evidence that Ms. Bedy was JHACH’s “hitman,” “hatchet man” or similar comment. Second , she seeks to preclude Filed 08/11/2023 07:27 AM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL Page 2 of 3 Plaintiffs from presenting evidence or arguing that Ms. Bedy contributed to the death of Beata Kowalski. As to the first issue, there is evidence from which the jury could view Ms. Bedy as JHACH’s point-person with M.K. Certainly from M.K.’s perspective, Ms. Bedy was the personification of what she perceived to be improper activities by JHACH. In the context of this case, Plaintiffs’ characterizations that Ms. Bedy’s was JHACH’s “hitman,” although crude and certainly not gender neutral, could be considered a fair comment on the evidence. Accordingly, the Court denies the motion in this regard. As to the second issue, the Court denies the motion. While the Court is aware that it granted Ms. Bedy summary judgment on Count 21-B for wrongful death on an intentional infliction of emotional distress theory, there are other counts against JHACH for wrongful death in which the jury will be evaluating Ms. Bedy’s actions and omissions as part of JHACH’s potential liability. 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 TAMPA, FL 33602 GREGORY ANDREW ANDERSON ONE ENTERPRISE CTR Filed 08/11/2023 07:27 AM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL Page 3 of 3 225 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 07:27 AM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL