Preview
Filing # 85270370 E-Filed 02/21/2019 10:10:38 AM
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.
/
DEFENDANTS, THE FLORIDA HIGHWAY PATROL AND TROOPER RICKY LEE
MAYO’S, NOTICE OF SERVING FIRST GENERAL AND MOTOR VEHICLE
NEGLIGENCE INTERROGATORIES TO PLAINTIFF, ERROLL INNISS
COME NOW Defendants, THE FLORIDA HIGHWAY PATROL AND TROOPER
RICKY LEE MAYO, by and through undersigned counsel, and hereby give notice of
propounding First General and Motor Vehicle Negligence Interrogatories upon Plaintiff,
ERROLL INNISS, numbered 1 — 25, to be answered in writing within the time allotted by
the Florida Rules of Civil Procedure.
[Certificate of Service on Following Page]
*** FILED: PALM BEACH COUNTY, FL SHARON R BOCK, CLERK. 02/21/2019 10:10:38 AM ***DEFENDANTS, THE FLORIDA HIGHWAY PATROL AND TROOPER RICKY LEE MAYO’S, NOTICE OF
SERVING FIRST GENERAL AND MOTOR VEHICLE NEGLIGENCE INTERROGATORIES TO
PLAINTIFF, ERROLL INNISS
CASE NO: 2018-CA-015498
Page 2 of 12
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 21st day of February, 2019.
BOBO, CIOTOLI, WHITE & RUSSELL, P.A.
Counsel for FLORIDA HIGHWAY PATROL and
TROOPER RICKY LEE MAYO
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, Ill, Esq.
Florida Bar No.: 0325030
E-mail: white@bobolaw.com
David C. Dunham, Esquire
Florida Bar Number: 0989990
E-mail: dunham@bobolaw.comDEFENDANTS, THE FLORIDA HIGHWAY PATROL AND TROOPER RICKY LEE MAYO’S, NOTICE OF
SERVING FIRST GENERAL AND MOTOR VEHICLE NEGLIGENCE INTERROGATORIES TO
PLAINTIFF, ERROLL INNISS
CASE NO: 2018-CA-015498
Page 3 of 12
DEFENDANTS’ FIRST GENERAL AND MOTOR VEHICLE NEGLIGENCE
INTERROGATORIES TO PLAINTIFF, ERROLL INNISS
(If answering for another person or entity, answer with respect to that person
or entity, unless otherwise stated).
1. What is the name and address of the person answering these interrogatories,
and, if applicable, the person’s official position or relationship with the party to
whom the interrogatories are directed?
2. List the names, business addresses, dates of employment, and rates of pay
regarding all employers, including self-employment, for whom you have worked
in the past 10 years.
3. List all former names and when you were known by those names. State all
addresses where you have lived for the past 10 years, the dates you lived at
each address, your Social Security number, your date of birth, and, if you are or
have ever been married, the name of your spouse or spouses.DEFENDANTS, THE FLORIDA HIGHWAY PATROL AND TROOPER RICKY LEE MAYO’S, NOTICE OF
SERVING FIRST GENERAL AND MOTOR VEHICLE NEGLIGENCE INTERROGATORIES TO
PLAINTIFF, ERROLL INNISS
CASE NO: 2018-CA-015498
Page 4 of 12
4. Do you wear glasses, contact lenses, or hearing aids? If so, who prescribed
them, when were they prescribed, when were your eyes or ears last examined,
and what is the name and address of the examiner?
5. Have you ever been convicted of a crime, other than any juvenile adjudication,
which under the law under which you were convicted was punishable by death or
imprisonment in excess of 1 year, or that involved dishonesty or a false
statement regardless of the punishment? If so, state as to each conviction the
specific crime and the date and place of conviction.
6. Were you suffering from physical infirmity, disability, or sickness at the time of the
incident described in the complaint? If so, what was the nature of the infirmity,
disability, or sickness?DEFENDANTS, THE FLORIDA HIGHWAY PATROL AND TROOPER RICKY LEE MAYO’S, NOTICE OF
SERVING FIRST GENERAL AND MOTOR VEHICLE NEGLIGENCE INTERROGATORIES TO
PLAINTIFF, ERROLL INNISS
CASE NO: 2018-CA-015498
Page 5 of 12
7. Did you consume any alcoholic beverages or take any drugs or medications
within 12 hours before the time of the incident described in the complaint? If so,
state the type and amount of alcoholic beverages, drugs, or medication which
were consumed, and when and where you consumed them.
8. Describe in detail how the incident described in the complaint happened,
including all actions taken by you to prevent the incident.
9. Describe in detail each act or omission on the part of any party to this lawsuit that
you contend constituted negligence that was a contributing legal cause of the
incident in question.DEFENDANTS, THE FLORIDA HIGHWAY PATROL AND TROOPER RICKY LEE MAYO’S, NOTICE OF
SERVING FIRST GENERAL AND MOTOR VEHICLE NEGLIGENCE INTERROGATORIES TO
PLAINTIFF, ERROLL INNISS
CASE NO: 2018-CA-015498
Page 6 of 12
10.
11.
12.
Were you charged with any violation of law (including any regulations or
ordinances) arising out of the incident described in the complaint? If so, what
was the nature of the charge; what plea or answer, if any, did you enter to the
charge; what court or agency heard the charge; was any written report prepared
by anyone regarding this charge, and, if so, what is the name and address of the
person or entity that prepared the report; do you have a copy of the report; and
was the testimony at any trial, hearing, or other proceeding on the charge
recorded in any manner, and, if so, what is the name and address of the person
who recorded the testimony?
Describe each injury for which you are claiming damages in this case, specifying
the part of your body that was injured, the nature of the injury, and, as to any
injuries you contend are permanent, the effects on you that you claim are
permanent.
List each item of expense or damage, other than loss of income or earning
capacity, that you claim to have incurred as a result of the incident described in
the complaint, giving for each item the date incurred, the name and business
address of the person or entity to whom each was paid or is owed, and the goods
or services for which each was incurred.DEFENDANTS, THE FLORIDA HIGHWAY PATROL AND TROOPER RICKY LEE MAYO’S, NOTICE OF
SERVING FIRST GENERAL AND MOTOR VEHICLE NEGLIGENCE INTERROGATORIES TO
PLAINTIFF, ERROLL INNISS
CASE NO: 2018-CA-015498
Page 7 of 12
13.
14.
15.
Do you contend that you have lost any income, benefits, or earning capacity in
the past or future as a result of the incident described in the complaint? If so,
state the nature of the income, benefits, or earning capacity, and the amount and
the method that you used in computing the amount.
Has anything been paid or is anything payable from any third party for the
damages listed in your answers to these interrogatories? If so, state the
amounts paid or payable, the name and business address of the person or entity
who paid or owes said amounts, and which of those third parties have or claim a
right of subrogation.
List the names and business addresses of each physician who has treated or
examined you, and each medical facility where you have received any treatment
or examination for the injuries for which you seek damages in this case; and
state as to each the date of treatment or examination and the injury or condition
for which you were examined or treated.DEFENDANTS, THE FLORIDA HIGHWAY PATROL AND TROOPER RICKY LEE MAYO’S, NOTICE OF
SERVING FIRST GENERAL AND MOTOR VEHICLE NEGLIGENCE INTERROGATORIES TO
PLAINTIFF, ERROLL INNISS
CASE NO: 2018-CA-015498
Page 8 of 12
16.
17.
18.
List the names and business addresses of all other physicians, medical facilities,
or other health care providers by whom or at which you have been examined or
treated in the past 10 years; and state as to each the dates of examination or
treatment and the condition or injury for which you were examined or treated.
List the names and addresses of all persons who are believed or known by you,
your agents, or your attorneys to have any knowledge concerning any of the
issues in this lawsuit; and specify the subject matter about which the witness has
knowledge.
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.DEFENDANTS, THE FLORIDA HIGHWAY PATROL AND TROOPER RICKY LEE MAYO’S, NOTICE OF
SERVING FIRST GENERAL AND MOTOR VEHICLE NEGLIGENCE INTERROGATORIES TO
PLAINTIFF, ERROLL INNISS
CASE NO: 2018-CA-015498
Page 9 of 12
19. | State the name and address of every person known to you, your agents, or your
attorneys, who has knowledge about, or possession, custody, or control of, any
model, plat, map, drawing, motion picture, videotape, or photograph pertaining to
any fact or issue involved in this controversy; and describe as to each, what item
such person has, the name and address of the person who took or prepared it,
and the date it was taken or prepared.
20. 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.
21. 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.DEFENDANTS, THE FLORIDA HIGHWAY PATROL AND TROOPER RICKY LEE MAYO’S, NOTICE OF
SERVING FIRST GENERAL AND MOTOR VEHICLE NEGLIGENCE INTERROGATORIES TO
PLAINTIFF, ERROLL INNISS
CASE NO: 2018-CA-015498
Page 10 of 12
22.
23.
24.
25.
Please state if you have ever been a party, either plaintiff or defendant, in a
lawsuit other than the present matter, and, if so, state whether you were plaintiff
or defendant, the nature of the action, and the date and court in which such suit
was filed.
At the time of the incident described in the complaint, were you wearing a seat
belt? If not, please state why not; where you were seated in the vehicle; and
whether the vehicle was equipped with a seat belt that was operational and
available for your use.
Did any mechanical defect in the motor vehicle in which you were riding at the
time of the incident described in the complaint contribute to the incident? If so,
describe the nature of the defect and how it contributed to the incident.
On the day of the incident, did Erroll Innis own or possess a cellular phone,
mobile pager, PDA device, IPhone, Blackberry, or another similar device? If so,
please list the:
a. phone number
b. service provider
c. account numberDEFENDANTS, THE FLORIDA HIGHWAY PATROL AND TROOPER RICKY LEE MAYO’S, NOTICE OF
SERVING FIRST GENERAL AND MOTOR VEHICLE NEGLIGENCE INTERROGATORIES TO
PLAINTIFF, ERROLL INNISS
CASE NO: 2018-CA-015498
Page 11 of 12
on each device owned or possessed by EROLL INNISS at the time of the
accident.DEFENDANTS, THE FLORIDA HIGHWAY PATROL AND TROOPER RICKY LEE MAYO’S, NOTICE OF
SERVING FIRST GENERAL AND MOTOR VEHICLE NEGLIGENCE INTERROGATORIES TO
PLAINTIFF, ERROLL INNISS
CASE NO: 2018-CA-015498
Page 12 of 12
ERROLL INNISS
STATE OF FLORIDA
COUNTY OF
The foregoing Answers to General and Motor Vehicle Negligence Interrogatories
were acknowledged before me, an officer duly authorized in the State and County
aforesaid to take acknowledgments, this ___—s day of 2019, by
ERROLL INNISS who:
is personally known to me;
has produced as identification;
did or
[
[
[
[ did not, take an oath; and
who executed the within document and acknowledged the within document to be freely
and voluntarily executed for the purposes therein recited.
My Commission Expires:
(seal)
Notary Public Signature
Print Name:
Preview
Filing # 85270370 E-Filed 02/21/2019 10:10:38 AM 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. / DEFENDANTS, THE FLORIDA HIGHWAY PATROL AND TROOPER RICKY LEE MAYO’S, NOTICE OF SERVING FIRST GENERAL AND MOTOR VEHICLE NEGLIGENCE INTERROGATORIES TO PLAINTIFF, ERROLL INNISS COME NOW Defendants, THE FLORIDA HIGHWAY PATROL AND TROOPER RICKY LEE MAYO, by and through undersigned counsel, and hereby give notice of propounding First General and Motor Vehicle Negligence Interrogatories upon Plaintiff, ERROLL INNISS, numbered 1 — 25, to be answered in writing within the time allotted by the Florida Rules of Civil Procedure. [Certificate of Service on Following Page] *** FILED: PALM BEACH COUNTY, FL SHARON R BOCK, CLERK. 02/21/2019 10:10:38 AM ***DEFENDANTS, THE FLORIDA HIGHWAY PATROL AND TROOPER RICKY LEE MAYO’S, NOTICE OF SERVING FIRST GENERAL AND MOTOR VEHICLE NEGLIGENCE INTERROGATORIES TO PLAINTIFF, ERROLL INNISS CASE NO: 2018-CA-015498 Page 2 of 12 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 21st day of February, 2019. BOBO, CIOTOLI, WHITE & RUSSELL, P.A. Counsel for FLORIDA HIGHWAY PATROL and TROOPER RICKY LEE MAYO 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, Ill, Esq. Florida Bar No.: 0325030 E-mail: white@bobolaw.com David C. Dunham, Esquire Florida Bar Number: 0989990 E-mail: dunham@bobolaw.comDEFENDANTS, THE FLORIDA HIGHWAY PATROL AND TROOPER RICKY LEE MAYO’S, NOTICE OF SERVING FIRST GENERAL AND MOTOR VEHICLE NEGLIGENCE INTERROGATORIES TO PLAINTIFF, ERROLL INNISS CASE NO: 2018-CA-015498 Page 3 of 12 DEFENDANTS’ FIRST GENERAL AND MOTOR VEHICLE NEGLIGENCE INTERROGATORIES TO PLAINTIFF, ERROLL INNISS (If answering for another person or entity, answer with respect to that person or entity, unless otherwise stated). 1. What is the name and address of the person answering these interrogatories, and, if applicable, the person’s official position or relationship with the party to whom the interrogatories are directed? 2. List the names, business addresses, dates of employment, and rates of pay regarding all employers, including self-employment, for whom you have worked in the past 10 years. 3. List all former names and when you were known by those names. State all addresses where you have lived for the past 10 years, the dates you lived at each address, your Social Security number, your date of birth, and, if you are or have ever been married, the name of your spouse or spouses.DEFENDANTS, THE FLORIDA HIGHWAY PATROL AND TROOPER RICKY LEE MAYO’S, NOTICE OF SERVING FIRST GENERAL AND MOTOR VEHICLE NEGLIGENCE INTERROGATORIES TO PLAINTIFF, ERROLL INNISS CASE NO: 2018-CA-015498 Page 4 of 12 4. Do you wear glasses, contact lenses, or hearing aids? If so, who prescribed them, when were they prescribed, when were your eyes or ears last examined, and what is the name and address of the examiner? 5. Have you ever been convicted of a crime, other than any juvenile adjudication, which under the law under which you were convicted was punishable by death or imprisonment in excess of 1 year, or that involved dishonesty or a false statement regardless of the punishment? If so, state as to each conviction the specific crime and the date and place of conviction. 6. Were you suffering from physical infirmity, disability, or sickness at the time of the incident described in the complaint? If so, what was the nature of the infirmity, disability, or sickness?DEFENDANTS, THE FLORIDA HIGHWAY PATROL AND TROOPER RICKY LEE MAYO’S, NOTICE OF SERVING FIRST GENERAL AND MOTOR VEHICLE NEGLIGENCE INTERROGATORIES TO PLAINTIFF, ERROLL INNISS CASE NO: 2018-CA-015498 Page 5 of 12 7. Did you consume any alcoholic beverages or take any drugs or medications within 12 hours before the time of the incident described in the complaint? If so, state the type and amount of alcoholic beverages, drugs, or medication which were consumed, and when and where you consumed them. 8. Describe in detail how the incident described in the complaint happened, including all actions taken by you to prevent the incident. 9. Describe in detail each act or omission on the part of any party to this lawsuit that you contend constituted negligence that was a contributing legal cause of the incident in question.DEFENDANTS, THE FLORIDA HIGHWAY PATROL AND TROOPER RICKY LEE MAYO’S, NOTICE OF SERVING FIRST GENERAL AND MOTOR VEHICLE NEGLIGENCE INTERROGATORIES TO PLAINTIFF, ERROLL INNISS CASE NO: 2018-CA-015498 Page 6 of 12 10. 11. 12. Were you charged with any violation of law (including any regulations or ordinances) arising out of the incident described in the complaint? If so, what was the nature of the charge; what plea or answer, if any, did you enter to the charge; what court or agency heard the charge; was any written report prepared by anyone regarding this charge, and, if so, what is the name and address of the person or entity that prepared the report; do you have a copy of the report; and was the testimony at any trial, hearing, or other proceeding on the charge recorded in any manner, and, if so, what is the name and address of the person who recorded the testimony? Describe each injury for which you are claiming damages in this case, specifying the part of your body that was injured, the nature of the injury, and, as to any injuries you contend are permanent, the effects on you that you claim are permanent. List each item of expense or damage, other than loss of income or earning capacity, that you claim to have incurred as a result of the incident described in the complaint, giving for each item the date incurred, the name and business address of the person or entity to whom each was paid or is owed, and the goods or services for which each was incurred.DEFENDANTS, THE FLORIDA HIGHWAY PATROL AND TROOPER RICKY LEE MAYO’S, NOTICE OF SERVING FIRST GENERAL AND MOTOR VEHICLE NEGLIGENCE INTERROGATORIES TO PLAINTIFF, ERROLL INNISS CASE NO: 2018-CA-015498 Page 7 of 12 13. 14. 15. Do you contend that you have lost any income, benefits, or earning capacity in the past or future as a result of the incident described in the complaint? If so, state the nature of the income, benefits, or earning capacity, and the amount and the method that you used in computing the amount. Has anything been paid or is anything payable from any third party for the damages listed in your answers to these interrogatories? If so, state the amounts paid or payable, the name and business address of the person or entity who paid or owes said amounts, and which of those third parties have or claim a right of subrogation. List the names and business addresses of each physician who has treated or examined you, and each medical facility where you have received any treatment or examination for the injuries for which you seek damages in this case; and state as to each the date of treatment or examination and the injury or condition for which you were examined or treated.DEFENDANTS, THE FLORIDA HIGHWAY PATROL AND TROOPER RICKY LEE MAYO’S, NOTICE OF SERVING FIRST GENERAL AND MOTOR VEHICLE NEGLIGENCE INTERROGATORIES TO PLAINTIFF, ERROLL INNISS CASE NO: 2018-CA-015498 Page 8 of 12 16. 17. 18. List the names and business addresses of all other physicians, medical facilities, or other health care providers by whom or at which you have been examined or treated in the past 10 years; and state as to each the dates of examination or treatment and the condition or injury for which you were examined or treated. List the names and addresses of all persons who are believed or known by you, your agents, or your attorneys to have any knowledge concerning any of the issues in this lawsuit; and specify the subject matter about which the witness has knowledge. 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.DEFENDANTS, THE FLORIDA HIGHWAY PATROL AND TROOPER RICKY LEE MAYO’S, NOTICE OF SERVING FIRST GENERAL AND MOTOR VEHICLE NEGLIGENCE INTERROGATORIES TO PLAINTIFF, ERROLL INNISS CASE NO: 2018-CA-015498 Page 9 of 12 19. | State the name and address of every person known to you, your agents, or your attorneys, who has knowledge about, or possession, custody, or control of, any model, plat, map, drawing, motion picture, videotape, or photograph pertaining to any fact or issue involved in this controversy; and describe as to each, what item such person has, the name and address of the person who took or prepared it, and the date it was taken or prepared. 20. 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. 21. 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.DEFENDANTS, THE FLORIDA HIGHWAY PATROL AND TROOPER RICKY LEE MAYO’S, NOTICE OF SERVING FIRST GENERAL AND MOTOR VEHICLE NEGLIGENCE INTERROGATORIES TO PLAINTIFF, ERROLL INNISS CASE NO: 2018-CA-015498 Page 10 of 12 22. 23. 24. 25. Please state if you have ever been a party, either plaintiff or defendant, in a lawsuit other than the present matter, and, if so, state whether you were plaintiff or defendant, the nature of the action, and the date and court in which such suit was filed. At the time of the incident described in the complaint, were you wearing a seat belt? If not, please state why not; where you were seated in the vehicle; and whether the vehicle was equipped with a seat belt that was operational and available for your use. Did any mechanical defect in the motor vehicle in which you were riding at the time of the incident described in the complaint contribute to the incident? If so, describe the nature of the defect and how it contributed to the incident. On the day of the incident, did Erroll Innis own or possess a cellular phone, mobile pager, PDA device, IPhone, Blackberry, or another similar device? If so, please list the: a. phone number b. service provider c. account numberDEFENDANTS, THE FLORIDA HIGHWAY PATROL AND TROOPER RICKY LEE MAYO’S, NOTICE OF SERVING FIRST GENERAL AND MOTOR VEHICLE NEGLIGENCE INTERROGATORIES TO PLAINTIFF, ERROLL INNISS CASE NO: 2018-CA-015498 Page 11 of 12 on each device owned or possessed by EROLL INNISS at the time of the accident.DEFENDANTS, THE FLORIDA HIGHWAY PATROL AND TROOPER RICKY LEE MAYO’S, NOTICE OF SERVING FIRST GENERAL AND MOTOR VEHICLE NEGLIGENCE INTERROGATORIES TO PLAINTIFF, ERROLL INNISS CASE NO: 2018-CA-015498 Page 12 of 12 ERROLL INNISS STATE OF FLORIDA COUNTY OF The foregoing Answers to General and Motor Vehicle Negligence Interrogatories were acknowledged before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, this ___—s day of 2019, by ERROLL INNISS who: is personally known to me; has produced as identification; did or [ [ [ [ did not, take an oath; and who executed the within document and acknowledged the within document to be freely and voluntarily executed for the purposes therein recited. My Commission Expires: (seal) Notary Public Signature Print Name: