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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, THE FLORIDA HIGHWAY PATROL’S RESPONSE TO PLAINTIFF’S
REQUEST TO PRODUCE SERVED WITH THE COMPLAINT
COMES NOW Defendant, The FLORIDA HIGHWAY PATROL, a division of
FLORIDA DEPARTMENT OF SAFETY & MOTOR VEHICLES, an Agency of the State of
Florida, by and through the undersigned counsel and hereby responds to Plaintiff's
Request to Produce to Defendant served with the complaint as follows:
1. A true and correct copy of any and all estimates, repair bills, reports, records and
other documents which relate or pertain to the condition, examination or repair of any and
all vehicles in the subject collision described in the complaint in this matter.
RESPONSE: See the attached invoices and estimates.
Please be advised this Defendant is continuing to search for
additional documentation responsive to this request. To the
extent additional documents are located, this Defendant will
supplement this response with the same.
2. A true and correct copy of all statements made by any and all individuals with
knowledge of any of the incidents described in the complaint in this matter.
RESPONSE: None.
*** FILED: PALM BEACH COUNTY, FL SHARON R BOCK, CLERK. 02/11/2019 04:57:59 PM ***FHP’s Response to Plaintiff's Request to Produce (Served with Complaint)
CASE NO: 2018-CA-015498
Page 2 of 6
3. A true and correct copy of all statements made by the Plaintiff pertaining to or
concerning any of the incidents described in the complaint in this matter.
RESPONSE: None.
4. A true and correct copy of all statements made by TROOPER RICKY LEE MAYO,
pertaining to or concerning any of the incidents described in the complaint in this matter.
RESPONSE: None.
5. A true and correct copy of all statements made by any employee of the Florida
Department of Highway Safety and Motor Vehicle Florida Highway Patrol having
knowledge of any of the incidents described in the complaint in this matter.
RESPONSE: None other than what is written on the attached “24 Hour
DHSMV Vehicle Crash Report” and the “Florida Traffic Crash
Report”.
6. Color copies of any and all photographs of any of the motor vehicles involved the
incidents described in the complaint in this matter.
RESPONSE: Twenty-nine (29) photographs taken at the scene of the accident
on 4/18/16, attached.
7. A true and correct copy of any and all video recordings from any video camera that
was installed in any of the police vehicles that was involved the incidents described in the
complaint in this matter.
RESPONSE: None.
8. Any and all photographs, video tapes, and/or audio tapes pertaining to any of the
incidents described in the complaint in this matter.
RESPONSE: None other than those produced in response to Request #6,
above.
9. Any and all photographs, video tapes, and/or audio tapes pertaining to the Plaintiff
in this matter.
RESPONSE: See Response #8, above.
10. Color copy(ies) of any surveillance video(s), photographs, or depictions taken of
the Plaintiff by any investigative or surveillance company at the request of Defendant(s)
or its agents, representatives/employees/attorneys to include any and all notes, reports,
and billing for same.FHP’s Response to Plaintiff's Request to Produce (Served with Complaint)
CASE NO: 2018-CA-015498
Page 3 of 6
RESPONSE: None.
11. A true and correct copy of any and all accident reconstruction, engineering or other
reports, records, studies and documents which refer or relate to subject collision
described in the complaint in this matter
RESPONSE: None, to date.
12. A true and correct copy of any and all reports prepared by the Defendants experts
expected to testify at trial. Mims v. Casedemont, 464 So.2d 643 (3d DCA 1985).
RESPONSE: None, to date.
13. A true and correct copy of any and all liability insurance policies and any and all
excess or umbrella liability insurance policies providing coverage to the Florida
Department of Highway Safety and Motor Vehicles for the subject collision described in
the complaint in this matter.
RESPONSE: None.
14. A true and correct copy of any and all incident/accident/police reports or other
documents done in the ordinary course of business containing information relative to the
incidents alleged in the complaint in this matter, completed by you, or your agents,
representatives, or employees surrounding the subject incidents.
RESPONSE: See documents produced in response to request #5, above.
15. A true and correct copy of any and all Florida Department of Highway Safety and
Motor Vehicles and/or Florida Highway Patrol policy manuals and/or guidelines and/or
employee handbooks and/or training videos pertaining to the subject of emergency
response and pursuits that employees of the Florida Department of Highway Safety and
Motor Vehicles and/or Florida Highway Patrol were required to follow at the time of the
subject accident.
RESPONSE: Objection. Irrelevant, immaterial, oppressive, burdensome and
not reasonably calculated to lead to the discovery of admissible
evidence. There has been not allegation or evidence produced
to date that this incident had anything to do with a “emergency
response or pursuit”
16. A true and correct copy of the entire personnel file, including but not limited to, any
internal affairs investigation file of any employee of the Florida Department of Highway
Safety and Motor Vehicles and/or Florida Highway Patrol that was involved in any way in
any of the incidents described in the complaint in this matter.FHP’s Response to Plaintiff's Request to Produce (Served with Complaint)
CASE NO: 2018-CA-015498
Page 4 of 6
RESPONSE: Objection. Overly broad, Irrelevant, immaterial, oppressive,
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 |, § 23.
As written this request personally protected health care
information, and is in violation if HIPAA.
17. A true and correct copy 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, to date.
18. Traffic or other court transcriptions involving the subject matter of the instant
litigation.
RESPONSE: None.
19. 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
20. A true and correct copy of any and all ordinances, regulations, rules, statutes,
customs, practices, publications upon which your counter defenses and/or claims are
made.
RESPONSE: Objection. Overbroad, 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.
21. A true and correct copy of any and all documents 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.FHP’s Response to Plaintiff's Request to Produce (Served with Complaint)
CASE NO: 2018-CA-015498
Page 5 of 6
RESPONSE: Objection. Overbroad, 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. As written Plaintiff is asking for documentation of
the hundreds and hundreds of vehicles in its fleet.
22. A true and correct copy of any and all reports, correspondence, bills summaries,
exhibits, maps, drawings, models, diagrams and documents transmitted to or from any
expert you intent to call to testify in this case which refers or relates to the collision, injuries
sustained, medical treatment rendered, wage loss, or any other issue in this case.
RESPONSE: No determination as to utilization experts at trial have been
made at this time
23. A true and correct copy of any and all reports, records, claims and police reports
involving any motor vehicle collision in which TROOPER RICKY LEE MAYO, has been
involved within the past five (5) years.
RESPONSE: None in this Defendant’s possession.
24. A true and correct copy of any and 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 subject collision described in this matter.
RESPONSE: These records will be produced for inspection to Plaintiff or duly
authorized representative at the offices of the Florida Highway
Patrol located at the Lake Worth Service Plaza on the Florida
Turnpike as a mutually agreeable date and time.
[This space was intentionally left blank.]
[Certificate of Service is located on the following page.]FHP’s Response to Plaintiff's Request to Produce (Served with Complaint)
CASE NO: 2018-CA-015498
Page 6 of 6
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, Ill, 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, THE FLORIDA HIGHWAY PATROL’S RESPONSE TO PLAINTIFF’S REQUEST TO PRODUCE SERVED WITH THE COMPLAINT COMES NOW Defendant, The FLORIDA HIGHWAY PATROL, a division of FLORIDA DEPARTMENT OF SAFETY & MOTOR VEHICLES, an Agency of the State of Florida, by and through the undersigned counsel and hereby responds to Plaintiff's Request to Produce to Defendant served with the complaint as follows: 1. A true and correct copy of any and all estimates, repair bills, reports, records and other documents which relate or pertain to the condition, examination or repair of any and all vehicles in the subject collision described in the complaint in this matter. RESPONSE: See the attached invoices and estimates. Please be advised this Defendant is continuing to search for additional documentation responsive to this request. To the extent additional documents are located, this Defendant will supplement this response with the same. 2. A true and correct copy of all statements made by any and all individuals with knowledge of any of the incidents described in the complaint in this matter. RESPONSE: None. *** FILED: PALM BEACH COUNTY, FL SHARON R BOCK, CLERK. 02/11/2019 04:57:59 PM ***FHP’s Response to Plaintiff's Request to Produce (Served with Complaint) CASE NO: 2018-CA-015498 Page 2 of 6 3. A true and correct copy of all statements made by the Plaintiff pertaining to or concerning any of the incidents described in the complaint in this matter. RESPONSE: None. 4. A true and correct copy of all statements made by TROOPER RICKY LEE MAYO, pertaining to or concerning any of the incidents described in the complaint in this matter. RESPONSE: None. 5. A true and correct copy of all statements made by any employee of the Florida Department of Highway Safety and Motor Vehicle Florida Highway Patrol having knowledge of any of the incidents described in the complaint in this matter. RESPONSE: None other than what is written on the attached “24 Hour DHSMV Vehicle Crash Report” and the “Florida Traffic Crash Report”. 6. Color copies of any and all photographs of any of the motor vehicles involved the incidents described in the complaint in this matter. RESPONSE: Twenty-nine (29) photographs taken at the scene of the accident on 4/18/16, attached. 7. A true and correct copy of any and all video recordings from any video camera that was installed in any of the police vehicles that was involved the incidents described in the complaint in this matter. RESPONSE: None. 8. Any and all photographs, video tapes, and/or audio tapes pertaining to any of the incidents described in the complaint in this matter. RESPONSE: None other than those produced in response to Request #6, above. 9. Any and all photographs, video tapes, and/or audio tapes pertaining to the Plaintiff in this matter. RESPONSE: See Response #8, above. 10. Color copy(ies) of any surveillance video(s), photographs, or depictions taken of the Plaintiff by any investigative or surveillance company at the request of Defendant(s) or its agents, representatives/employees/attorneys to include any and all notes, reports, and billing for same.FHP’s Response to Plaintiff's Request to Produce (Served with Complaint) CASE NO: 2018-CA-015498 Page 3 of 6 RESPONSE: None. 11. A true and correct copy of any and all accident reconstruction, engineering or other reports, records, studies and documents which refer or relate to subject collision described in the complaint in this matter RESPONSE: None, to date. 12. A true and correct copy of any and all reports prepared by the Defendants experts expected to testify at trial. Mims v. Casedemont, 464 So.2d 643 (3d DCA 1985). RESPONSE: None, to date. 13. A true and correct copy of any and all liability insurance policies and any and all excess or umbrella liability insurance policies providing coverage to the Florida Department of Highway Safety and Motor Vehicles for the subject collision described in the complaint in this matter. RESPONSE: None. 14. A true and correct copy of any and all incident/accident/police reports or other documents done in the ordinary course of business containing information relative to the incidents alleged in the complaint in this matter, completed by you, or your agents, representatives, or employees surrounding the subject incidents. RESPONSE: See documents produced in response to request #5, above. 15. A true and correct copy of any and all Florida Department of Highway Safety and Motor Vehicles and/or Florida Highway Patrol policy manuals and/or guidelines and/or employee handbooks and/or training videos pertaining to the subject of emergency response and pursuits that employees of the Florida Department of Highway Safety and Motor Vehicles and/or Florida Highway Patrol were required to follow at the time of the subject accident. RESPONSE: Objection. Irrelevant, immaterial, oppressive, burdensome and not reasonably calculated to lead to the discovery of admissible evidence. There has been not allegation or evidence produced to date that this incident had anything to do with a “emergency response or pursuit” 16. A true and correct copy of the entire personnel file, including but not limited to, any internal affairs investigation file of any employee of the Florida Department of Highway Safety and Motor Vehicles and/or Florida Highway Patrol that was involved in any way in any of the incidents described in the complaint in this matter.FHP’s Response to Plaintiff's Request to Produce (Served with Complaint) CASE NO: 2018-CA-015498 Page 4 of 6 RESPONSE: Objection. Overly broad, Irrelevant, immaterial, oppressive, 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 |, § 23. As written this request personally protected health care information, and is in violation if HIPAA. 17. A true and correct copy 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, to date. 18. Traffic or other court transcriptions involving the subject matter of the instant litigation. RESPONSE: None. 19. 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 20. A true and correct copy of any and all ordinances, regulations, rules, statutes, customs, practices, publications upon which your counter defenses and/or claims are made. RESPONSE: Objection. Overbroad, 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. 21. A true and correct copy of any and all documents 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.FHP’s Response to Plaintiff's Request to Produce (Served with Complaint) CASE NO: 2018-CA-015498 Page 5 of 6 RESPONSE: Objection. Overbroad, 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. As written Plaintiff is asking for documentation of the hundreds and hundreds of vehicles in its fleet. 22. A true and correct copy of any and all reports, correspondence, bills summaries, exhibits, maps, drawings, models, diagrams and documents transmitted to or from any expert you intent to call to testify in this case which refers or relates to the collision, injuries sustained, medical treatment rendered, wage loss, or any other issue in this case. RESPONSE: No determination as to utilization experts at trial have been made at this time 23. A true and correct copy of any and all reports, records, claims and police reports involving any motor vehicle collision in which TROOPER RICKY LEE MAYO, has been involved within the past five (5) years. RESPONSE: None in this Defendant’s possession. 24. A true and correct copy of any and 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 subject collision described in this matter. RESPONSE: These records will be produced for inspection to Plaintiff or duly authorized representative at the offices of the Florida Highway Patrol located at the Lake Worth Service Plaza on the Florida Turnpike as a mutually agreeable date and time. [This space was intentionally left blank.] [Certificate of Service is located on the following page.]FHP’s Response to Plaintiff's Request to Produce (Served with Complaint) CASE NO: 2018-CA-015498 Page 6 of 6 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, Ill, Esq. Florida Bar No.: 0325030 E-mail: white@bobolaw.com David C. Dunham, Esquire Florida Bar Number: 0989990 E-mail: dunham@bobolaw.com