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Filing # 84749706 E-Filed 02/11/2019 04:57:59 PM
IN THE CIRCUIT COURT OF THE FIFTHTEETH JUDICIAL
CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA
CASE NO: 2018-CA-015498-XXXX-MB
ERROLL INNISS,
Plaintiff,
vs.
THE FLORIDA HIGHWAY PATROL,
A division of FLORIDA DEPARTMENT
OF HIGHWAY SAFETY & MOTOR
VEHICLES, an Agency of the State of
Florida, and TROOPER RICKY LEE
MAYO,
Defendants.
/
DEFENDANT, RICKY LEE MAYO’S RESPONSE TO PLAINTIFF’S REQUEST TO
PRODUCE SERVED WITH THE COMPLAINT
COMES NOW Defendant, RICKY LEE MAYO, by and through the undersigned
counsel and hereby responds to Plaintiff's Request to Produce to Defendant served with
the complaint as follows:
1. Copies of the declaration sheets of all liability insurance coverages affording
coverage for the accident involved in this lawsuit, specifically including any excess
insurance or umbrella policies.
RESPONSE: None.
2. Repair bills and/or estimates on both of the vehicles involved.
RESPONSE: None in my possession.
3. Photographs or motion pictures taken of the Plaintiff, the Defendant, and the scene
of the accident.
RESPONSE: None in my possession.
*** FILED: PALM BEACH COUNTY, FL SHARON R BOCK, CLERK. 02/11/2019 04:57:59 PM ***Mayo’s Response to Plaintiff's Request to Produce (Served with Complaint)
CASE NO: 2018-CA-015498
Page 2 of 6
4. Any and all photographs and/or videotapes showing damage to any motor vehicle
owned, driven by the Defendant or occupied by the Defendant, suffered or sustained as
a result of the collision described in the Complaint, before any such damage was repaired
or before any vehicle was sold, disposed or junked.
RESPONSE: None in my possession.
5. Copies of any and all writings, recordings, memorandums, notes or any other
materials reflecting statements made by any party to this lawsuit.
RESPONSE: None.
6. Copies of all bills, medical reports, and checks from any doctor, physician, or other
member of the healing arts, who have examined the Defendant’s physical or mental
condition subsequent to the accident which is the subject matter of this lawsuit.
RESPONSE: Objection. Overly broad, Irrelevant, immaterial, oppressive,
harassing, burdensome and not reasonably calculated to lead
tothe discovery of admissible evidence. As drafted, said
information seeks unauthorized, privileged and protected
personal, private information in violation of Florida
Constitution, Article |, § 23. As written this request personally
protected health care information, and is in violation if HIPAA.
7. Copies of all reports prepared by the Defendant’s experts expected to testify at
trial. Mims v. Casedemont,464 So.2d 643 (3d DCA 1985).
RESPONSE: None
8. All written statements obtained by you, your attorneys or investigators concerning
this action or its subject matter, or stenographic, mechanical, electrical, or any other
recording or transcription of a statement that is a substantial verbatim recital of an oral
statement.
RESPONSE: None
9. Copies of each and every document, paper, chart, table, document, or writing of
any type indicating the life expectancy or work life expectancy of the Plaintiff.
RESPONSE: None at this time.
10. Traffic or other court transcriptions involving the subject matter of the instant
litigation.Mayo’s Response to Plaintiff's Request to Produce (Served with Complaint)
CASE NO: 2018-CA-015498
Page 3 of 6
RESPONSE: None
11. Written summary of any and all oral agreements, including Mary Carter
Agreements between the Defendant and any other party or their insurers as well as any
and all oral covenants or agreements of any sort whatsoever with respect to any issues
in this pending litigation.
RESPONSE: None
12. All Ordinances, regulations, rules, statutes, customs, practices, publications upon
which your counter defenses and/or claims are made.
RESPONSE: Objection. Overly broad, overly burdensome and oppressive.
As written this request is not reasonably calculated to lead to
the discovery of admissible evidence. Not only is this request
too vague and general to accurately interpret in this context, in
its broadest terms it includes and seeks documents not relevant
to any party's claim or defense and not proportional to the
needs of the case. Further, ordinances, regulations, ruled kept
in the regular course of Defendant’s business. Per the
applicable rules of civil procedure, Defendant is not required to
create non-existent records. Notwithstanding said objection,
those items are public information and it is as easily accessible
by Plaintiff as by Defendant.
13. Alldocuments which record, reflect, refer or relate to all vehicles owned by you, or
any relative with whom you resided on the date of the collision, either individually or jointly.
RESPONSE: Objection. Irrelevant, immaterial, overly broad, oppressive,
burdensome and not reasonably calculated to lead to the
discovery of admissible evidence.
14. Acopy, front and rear, or your driver's license.
RESPONSE: Attached.
15. All correspondence transmitted between you and any other person or entities,
other that your attorneys or insurers, which record, reflect, refer or relate to the collision.
RESPONSE: None.Mayo’s Response to Plaintiff's Request to Produce (Served with Complaint)
CASE NO: 2018-CA-015498
Page 4 of 6
16. All written or orally recorded statements made by you to any persons, other than
your attorneys, which record, refer, reflect or relate to the collision.
RESPONSE: None.
17. All written or orally recorded statements made by any witness or post occurrence
witness to the collision.
RESPONSE: None.
18. All written or orally recorded statements made by Plaintiff in this action.
RESPONSE: None
19. All photographs of the scene, vehicles or persons involved in the collision.
RESPONSE: None in my possession.
20. All reports, correspondence, bills, summaries, exhibits, maps, drawings, models,
diagrams and documents transmitted to or from any expert you intend to call to testify in
this case which refers or relates to the collision, injuries sustained, medical treatment
rendered, wage loss, or any other issues in this case.
RESPONSE: No determination as to utilization experts at trial have been
made at this time
21. All reports, records, claims statements and summaries of any treatment rendered
to you within the past five (5) years.
RESPONSE: Objection. Overly broad, Irrelevant, immaterial, oppressive,
harassing, burdensome and not reasonably calculated to lead
to the discovery of admissible evidence. As drafted, said
information seeks unauthorized, privileged and _ protected
personal, private information in violation of Florida
Constitution, Article I, § 23. As written this request personally
protected health care information, and is in violation if HIPAA.
22. All medical records, reports, notes and summaries which relate to any medical
treatment rendered to you form ninety (90) days before to ninety (90) days after the date
of the collision.Mayo’s Response to Plaintiff's Request to Produce (Served with Complaint)
CASE NO: 2018-CA-015498
Page 5 of 6
RESPONSE: Objection. Overly broad, Irrelevant, immaterial, oppressive,
harassing burdensome and not reasonably calculated to lead to
the discovery of admissible evidence. As drafted, said
information seeks unauthorized, privileged and protected
personal, private information in violation of Florida
Constitution, Article Il, § 23. As written this request personally
protected health care information, and is in violation if HIPAA.
23. Allreports, records, claims and police reports involving any motor vehicle collisions
in which you have been involved in the past five (5) years.
RESPONSE: None
24. All estimates, repair bills, reports, records and other documents which relate or
pertain to the condition, examination or repair of any of the motor vehicles involved in the
collision.
RESPONSE: None in my possession
25. All documents which record, refer, reflect or relate to any examinations or repairs
of any of the motor vehicles involved in the collision within three (3) months before the
collision.
RESPONSE: None in my possession
26. All accident reconstruction, engineering or other reports, records, studies and
documents which refer or relate to the collision and events referenced in the Complaint.
RESPONSE: None at this time
27. All automobile insurance policies in which the Defendant is named insured.
RESPONSE: Objection. Irrelevant, immaterial, overly broad, harassing,
oppressive, and not reasonably calculated to lead to the
discovery of admissible evidence. The only automobile
insurance policy with his name appearing on is his personal,
private insurance. Trooper Maya was on duty, operating an FHP
vehicle at the time of this accident
28. Acopy of Defendant's cellular/mobile telephone bills received by Defendant or on
behalf of the Defendant evidencing incoming/outgoing calls on the date of the accident in
question.Mayo’s Response to Plaintiff's Request to Produce (Served with Complaint)
CASE NO: 2018-CA-015498
Page 6 of 6
RESPONSE: None in my possession.
CERTIFICATE OF SERVICE
| HEREBY CERTIFY that a true copy of the foregoing has been furnished by
electronic mail only via the E-Portal to Brett m. Steinberg, Esq. of Steinberg Law, P.A., 10
S.E. 1% Ave, Ste. C, Delray Beach, FL 33444 on this 11" day of February, 2019.
BOBO, CIOTOLI, WHITE & RUSSELL, P.A.
Counsel for RICKY LEE MAYO and
THE FLORIDA HIGHWAY PATROL
11641 Kew Gardens Avenue
Suite 101
Palm Beach Gardens, Florida 33410
Tel. No.: 561-684-6600
Fax No.: 561-622-6288
Primary: pleadingsnpb@bobolaw.com
Secondary: dunlap@bobolaw.com
/s/David C. Dunham, Esq.
By:
James L. White, III, Esq.
Florida Bar No.: 0325030
E-mail: white@bobolaw.com
David C. Dunham, Esquire
Florida Bar Number: 0989990
E-mail: dunham@bobolaw.com
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Filing # 84749706 E-Filed 02/11/2019 04:57:59 PM IN THE CIRCUIT COURT OF THE FIFTHTEETH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO: 2018-CA-015498-XXXX-MB ERROLL INNISS, Plaintiff, vs. THE FLORIDA HIGHWAY PATROL, A division of FLORIDA DEPARTMENT OF HIGHWAY SAFETY & MOTOR VEHICLES, an Agency of the State of Florida, and TROOPER RICKY LEE MAYO, Defendants. / DEFENDANT, RICKY LEE MAYO’S RESPONSE TO PLAINTIFF’S REQUEST TO PRODUCE SERVED WITH THE COMPLAINT COMES NOW Defendant, RICKY LEE MAYO, by and through the undersigned counsel and hereby responds to Plaintiff's Request to Produce to Defendant served with the complaint as follows: 1. Copies of the declaration sheets of all liability insurance coverages affording coverage for the accident involved in this lawsuit, specifically including any excess insurance or umbrella policies. RESPONSE: None. 2. Repair bills and/or estimates on both of the vehicles involved. RESPONSE: None in my possession. 3. Photographs or motion pictures taken of the Plaintiff, the Defendant, and the scene of the accident. RESPONSE: None in my possession. *** FILED: PALM BEACH COUNTY, FL SHARON R BOCK, CLERK. 02/11/2019 04:57:59 PM ***Mayo’s Response to Plaintiff's Request to Produce (Served with Complaint) CASE NO: 2018-CA-015498 Page 2 of 6 4. Any and all photographs and/or videotapes showing damage to any motor vehicle owned, driven by the Defendant or occupied by the Defendant, suffered or sustained as a result of the collision described in the Complaint, before any such damage was repaired or before any vehicle was sold, disposed or junked. RESPONSE: None in my possession. 5. Copies of any and all writings, recordings, memorandums, notes or any other materials reflecting statements made by any party to this lawsuit. RESPONSE: None. 6. Copies of all bills, medical reports, and checks from any doctor, physician, or other member of the healing arts, who have examined the Defendant’s physical or mental condition subsequent to the accident which is the subject matter of this lawsuit. RESPONSE: Objection. Overly broad, Irrelevant, immaterial, oppressive, harassing, burdensome and not reasonably calculated to lead tothe discovery of admissible evidence. As drafted, said information seeks unauthorized, privileged and protected personal, private information in violation of Florida Constitution, Article |, § 23. As written this request personally protected health care information, and is in violation if HIPAA. 7. Copies of all reports prepared by the Defendant’s experts expected to testify at trial. Mims v. Casedemont,464 So.2d 643 (3d DCA 1985). RESPONSE: None 8. All written statements obtained by you, your attorneys or investigators concerning this action or its subject matter, or stenographic, mechanical, electrical, or any other recording or transcription of a statement that is a substantial verbatim recital of an oral statement. RESPONSE: None 9. Copies of each and every document, paper, chart, table, document, or writing of any type indicating the life expectancy or work life expectancy of the Plaintiff. RESPONSE: None at this time. 10. Traffic or other court transcriptions involving the subject matter of the instant litigation.Mayo’s Response to Plaintiff's Request to Produce (Served with Complaint) CASE NO: 2018-CA-015498 Page 3 of 6 RESPONSE: None 11. Written summary of any and all oral agreements, including Mary Carter Agreements between the Defendant and any other party or their insurers as well as any and all oral covenants or agreements of any sort whatsoever with respect to any issues in this pending litigation. RESPONSE: None 12. All Ordinances, regulations, rules, statutes, customs, practices, publications upon which your counter defenses and/or claims are made. RESPONSE: Objection. Overly broad, overly burdensome and oppressive. As written this request is not reasonably calculated to lead to the discovery of admissible evidence. Not only is this request too vague and general to accurately interpret in this context, in its broadest terms it includes and seeks documents not relevant to any party's claim or defense and not proportional to the needs of the case. Further, ordinances, regulations, ruled kept in the regular course of Defendant’s business. Per the applicable rules of civil procedure, Defendant is not required to create non-existent records. Notwithstanding said objection, those items are public information and it is as easily accessible by Plaintiff as by Defendant. 13. Alldocuments which record, reflect, refer or relate to all vehicles owned by you, or any relative with whom you resided on the date of the collision, either individually or jointly. RESPONSE: Objection. Irrelevant, immaterial, overly broad, oppressive, burdensome and not reasonably calculated to lead to the discovery of admissible evidence. 14. Acopy, front and rear, or your driver's license. RESPONSE: Attached. 15. All correspondence transmitted between you and any other person or entities, other that your attorneys or insurers, which record, reflect, refer or relate to the collision. RESPONSE: None.Mayo’s Response to Plaintiff's Request to Produce (Served with Complaint) CASE NO: 2018-CA-015498 Page 4 of 6 16. All written or orally recorded statements made by you to any persons, other than your attorneys, which record, refer, reflect or relate to the collision. RESPONSE: None. 17. All written or orally recorded statements made by any witness or post occurrence witness to the collision. RESPONSE: None. 18. All written or orally recorded statements made by Plaintiff in this action. RESPONSE: None 19. All photographs of the scene, vehicles or persons involved in the collision. RESPONSE: None in my possession. 20. All reports, correspondence, bills, summaries, exhibits, maps, drawings, models, diagrams and documents transmitted to or from any expert you intend to call to testify in this case which refers or relates to the collision, injuries sustained, medical treatment rendered, wage loss, or any other issues in this case. RESPONSE: No determination as to utilization experts at trial have been made at this time 21. All reports, records, claims statements and summaries of any treatment rendered to you within the past five (5) years. RESPONSE: Objection. Overly broad, Irrelevant, immaterial, oppressive, harassing, burdensome and not reasonably calculated to lead to the discovery of admissible evidence. As drafted, said information seeks unauthorized, privileged and _ protected personal, private information in violation of Florida Constitution, Article I, § 23. As written this request personally protected health care information, and is in violation if HIPAA. 22. All medical records, reports, notes and summaries which relate to any medical treatment rendered to you form ninety (90) days before to ninety (90) days after the date of the collision.Mayo’s Response to Plaintiff's Request to Produce (Served with Complaint) CASE NO: 2018-CA-015498 Page 5 of 6 RESPONSE: Objection. Overly broad, Irrelevant, immaterial, oppressive, harassing burdensome and not reasonably calculated to lead to the discovery of admissible evidence. As drafted, said information seeks unauthorized, privileged and protected personal, private information in violation of Florida Constitution, Article Il, § 23. As written this request personally protected health care information, and is in violation if HIPAA. 23. Allreports, records, claims and police reports involving any motor vehicle collisions in which you have been involved in the past five (5) years. RESPONSE: None 24. All estimates, repair bills, reports, records and other documents which relate or pertain to the condition, examination or repair of any of the motor vehicles involved in the collision. RESPONSE: None in my possession 25. All documents which record, refer, reflect or relate to any examinations or repairs of any of the motor vehicles involved in the collision within three (3) months before the collision. RESPONSE: None in my possession 26. All accident reconstruction, engineering or other reports, records, studies and documents which refer or relate to the collision and events referenced in the Complaint. RESPONSE: None at this time 27. All automobile insurance policies in which the Defendant is named insured. RESPONSE: Objection. Irrelevant, immaterial, overly broad, harassing, oppressive, and not reasonably calculated to lead to the discovery of admissible evidence. The only automobile insurance policy with his name appearing on is his personal, private insurance. Trooper Maya was on duty, operating an FHP vehicle at the time of this accident 28. Acopy of Defendant's cellular/mobile telephone bills received by Defendant or on behalf of the Defendant evidencing incoming/outgoing calls on the date of the accident in question.Mayo’s Response to Plaintiff's Request to Produce (Served with Complaint) CASE NO: 2018-CA-015498 Page 6 of 6 RESPONSE: None in my possession. CERTIFICATE OF SERVICE | HEREBY CERTIFY that a true copy of the foregoing has been furnished by electronic mail only via the E-Portal to Brett m. Steinberg, Esq. of Steinberg Law, P.A., 10 S.E. 1% Ave, Ste. C, Delray Beach, FL 33444 on this 11" day of February, 2019. BOBO, CIOTOLI, WHITE & RUSSELL, P.A. Counsel for RICKY LEE MAYO and THE FLORIDA HIGHWAY PATROL 11641 Kew Gardens Avenue Suite 101 Palm Beach Gardens, Florida 33410 Tel. No.: 561-684-6600 Fax No.: 561-622-6288 Primary: pleadingsnpb@bobolaw.com Secondary: dunlap@bobolaw.com /s/David C. Dunham, Esq. By: James L. White, III, Esq. Florida Bar No.: 0325030 E-mail: white@bobolaw.com David C. Dunham, Esquire Florida Bar Number: 0989990 E-mail: dunham@bobolaw.com