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Filing # 86929962 E-Filed 03/25/2019 05:08:02 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.
PLAINTIFF’S NOTICE OF FILING RESPONSES TO DEFENDANTS’ FIRST
REQUEST FOR PRODUCTION
COMES NOW the Plaintiff, ERROLL INNISS, by and through his undersigned Counsel,
and hereby gives notice of having filed his Response to Defendants’ First Request for Production
to Plaintiff.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the forgoing has been sent viae-mail on
March 25, 2019 to David C. Dunham, Esq. at pleadingsnpb@bobolaw.com and
dunlap@bobolaw.com.
4S/Brett M. Steinberg
Brett M. Steinberg, Esquire
Florida Bar No.: 11677
Attomey for Plaintiffs
STEINBERG LAW, P.A.
151 NW 1S" Ave.
Delray Beach, FL 33444
Telephone: (561) 630-0053
Facsimile: (561) 594-1838
*** FILED: PALM BEACH COUNTY, FL SHARON R BOCK, CLERK. 03/25/2019 05:08:02 PM ***E-Mail:
brett@brettsteinberglaw.com:
steinberglawservice@gmail.com
PLAINTIFF’S RESPONSE TO DEFENDANTS’ FIRST REQUEST FOR PRODUCTION
1. All income tax returns, including all attachments, for the five (5) years immediately
preceding the year of the accident, through the present; or in the alternative, please
execute and return the attached request provided by the IRS.
RESPONSE:
Objection. Plaintiff is not pursuing any claims for loss of wages.
2. All W-2 forms or other payroll receipts, for the five (5) years immediately preceding the
year of the accident, through the present.
RESPONSE:
Objection. Plaintiff is not pursuing any claims for loss of wages.
3. All medical records, including x-rays, CAT scans and/or MRIs (and including any
psychological profiles or reports) relating to the alleged injuries sustained by Plaintiff in
the incident described in the complaint.
RESPONSE:
Plaintiff’s medical records will be provided under separate cover.
4. All drawings, maps, video tapes, motion pictures, laser copies of photographs, or other
visual representations relating to the accident scene, injuries, or any other issue in this
suit.
RESPONS
None at this time.
5. All statements taken of any party to this suit which relate in any way to the incident
described in the complaint.
RESPONSE:
Objection. Discovery is ongoing, and the requested information will be provided in
compliance with any Court Order for Jury Trial and Pre-Trial Instructions.
6. All statements taken of any non-party witness which relate in any way to the incident
described in the complaint.10.
11.
RESPONSE:
Objection. Discovery is ongoing, and the requested information will be provided in
compliance with any Court Order for Jury Trial and Pre-Trial Instructions.
All medical records, including x-rays, CAT scans and/or MRIs (and including any
psychological profiles or reports) in Plaintiffs possession or control regarding any
condition or treatment undergone by Plaintiff in the last ten years, not related to the
injuries sustained in the incident described in the complaint.
RESPONSE:
Prior medical records in Plaintiffs possession will be provided under separate
cover.
All bills, receipts, statements or other documents evidencing all expenses incurred by
Plaintiff in connection with the incident described in the complaint.
RESPONSE:
Medical bills will be provided under separate cover.
Any and all correspondence, memoranda, notes, or other written communications
between Plaintiff (or their counsel) and Defendants (or their insurer) relating to the
incident described in the complaint.
RESPONSE:
Objection, overbroad, vague and ambiguous. Notwithstand and subject to the
foregoing objections, the requested items are equally available to Defendants and
their insurer.
Any and all correspondence, memoranda, notes, or other written communications
between Plaintiff and any non-parties to this suit, relating to the incident described in the
complaint.
RESPONSE:
None at this time.
Any and all reports of, and written communications with, experts expected to testify at
trial of this cause.
RESPONSE:
Objection. Discovery is ongoing, and the requested information will be provided in
compliance with any Court Order for Jury Trial and Pre-Trial instructions.12.
13.
14.
15.
16.
17.
18.
Any and all curriculum vitae for experts expected to testify at trial of this cause.
RESPONSE:
Objection. Discovery is ongoing, and the requested information will be provided in
compliance with any Court Order for Jury Trial and Pre-Trial instructions.
Any and all police reports, accident reports, or other reports prepared by any law
enforcement or other investigative agencies, relating to the incident described in the
complaint.
RESPONSE:
The police report will be provided under separate cover.
Any and all reports prepared by fire rescue, paramedics, ambulance service, or other
emergency response service.
RESPONSE:
None at this time.
Copy of the Plaintiff’s marriage license or marriage certificate, if applicable.
RESPONSE:
Not applicable
Any documents evidencing payments received, from any source, as a result of the alleged
injuries.
RESPONSE:
The PIP Log will be provided under separate cover.
. Any and all insurance policies, declaration pages, claims documents, agreements, reports,
correspondence or other communications with any insurance carrier, including without
limitation cancelled checks or other documents showing any payments received from said
carrier relating to the injuries arising from the allegations in the Complaint to this action.
RESPONSE:
Any/all responsive documents will be provided under separate cover.
Legible copy of the front and back of Plaintiff’s driver's license.
RESPONSE:
A copy of the front and back of Plaintiff’s driver’s license will be provided under
separate cover.19. Copies of any and all medical providers’ letters of protection.
RESPONSE:
Letters of protection will be provided under separate cover.
20. Copies of any and all cell phone bills, with all transaction activity, including but not
limited to telephone calls received or sent, text messages received or sent and data usage
for the dates of April 18, 2016 for any and all cell phones own, operated or maintained by
ERROLL INNISS on April 18, 2016.
RESPONSE:
Objection. This request is unduly burdensome and overly broad.
Preview
Filing # 86929962 E-Filed 03/25/2019 05:08:02 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. PLAINTIFF’S NOTICE OF FILING RESPONSES TO DEFENDANTS’ FIRST REQUEST FOR PRODUCTION COMES NOW the Plaintiff, ERROLL INNISS, by and through his undersigned Counsel, and hereby gives notice of having filed his Response to Defendants’ First Request for Production to Plaintiff. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the forgoing has been sent viae-mail on March 25, 2019 to David C. Dunham, Esq. at pleadingsnpb@bobolaw.com and dunlap@bobolaw.com. 4S/Brett M. Steinberg Brett M. Steinberg, Esquire Florida Bar No.: 11677 Attomey for Plaintiffs STEINBERG LAW, P.A. 151 NW 1S" Ave. Delray Beach, FL 33444 Telephone: (561) 630-0053 Facsimile: (561) 594-1838 *** FILED: PALM BEACH COUNTY, FL SHARON R BOCK, CLERK. 03/25/2019 05:08:02 PM ***E-Mail: brett@brettsteinberglaw.com: steinberglawservice@gmail.com PLAINTIFF’S RESPONSE TO DEFENDANTS’ FIRST REQUEST FOR PRODUCTION 1. All income tax returns, including all attachments, for the five (5) years immediately preceding the year of the accident, through the present; or in the alternative, please execute and return the attached request provided by the IRS. RESPONSE: Objection. Plaintiff is not pursuing any claims for loss of wages. 2. All W-2 forms or other payroll receipts, for the five (5) years immediately preceding the year of the accident, through the present. RESPONSE: Objection. Plaintiff is not pursuing any claims for loss of wages. 3. All medical records, including x-rays, CAT scans and/or MRIs (and including any psychological profiles or reports) relating to the alleged injuries sustained by Plaintiff in the incident described in the complaint. RESPONSE: Plaintiff’s medical records will be provided under separate cover. 4. All drawings, maps, video tapes, motion pictures, laser copies of photographs, or other visual representations relating to the accident scene, injuries, or any other issue in this suit. RESPONS None at this time. 5. All statements taken of any party to this suit which relate in any way to the incident described in the complaint. RESPONSE: Objection. Discovery is ongoing, and the requested information will be provided in compliance with any Court Order for Jury Trial and Pre-Trial Instructions. 6. All statements taken of any non-party witness which relate in any way to the incident described in the complaint.10. 11. RESPONSE: Objection. Discovery is ongoing, and the requested information will be provided in compliance with any Court Order for Jury Trial and Pre-Trial Instructions. All medical records, including x-rays, CAT scans and/or MRIs (and including any psychological profiles or reports) in Plaintiffs possession or control regarding any condition or treatment undergone by Plaintiff in the last ten years, not related to the injuries sustained in the incident described in the complaint. RESPONSE: Prior medical records in Plaintiffs possession will be provided under separate cover. All bills, receipts, statements or other documents evidencing all expenses incurred by Plaintiff in connection with the incident described in the complaint. RESPONSE: Medical bills will be provided under separate cover. Any and all correspondence, memoranda, notes, or other written communications between Plaintiff (or their counsel) and Defendants (or their insurer) relating to the incident described in the complaint. RESPONSE: Objection, overbroad, vague and ambiguous. Notwithstand and subject to the foregoing objections, the requested items are equally available to Defendants and their insurer. Any and all correspondence, memoranda, notes, or other written communications between Plaintiff and any non-parties to this suit, relating to the incident described in the complaint. RESPONSE: None at this time. Any and all reports of, and written communications with, experts expected to testify at trial of this cause. RESPONSE: Objection. Discovery is ongoing, and the requested information will be provided in compliance with any Court Order for Jury Trial and Pre-Trial instructions.12. 13. 14. 15. 16. 17. 18. Any and all curriculum vitae for experts expected to testify at trial of this cause. RESPONSE: Objection. Discovery is ongoing, and the requested information will be provided in compliance with any Court Order for Jury Trial and Pre-Trial instructions. Any and all police reports, accident reports, or other reports prepared by any law enforcement or other investigative agencies, relating to the incident described in the complaint. RESPONSE: The police report will be provided under separate cover. Any and all reports prepared by fire rescue, paramedics, ambulance service, or other emergency response service. RESPONSE: None at this time. Copy of the Plaintiff’s marriage license or marriage certificate, if applicable. RESPONSE: Not applicable Any documents evidencing payments received, from any source, as a result of the alleged injuries. RESPONSE: The PIP Log will be provided under separate cover. . Any and all insurance policies, declaration pages, claims documents, agreements, reports, correspondence or other communications with any insurance carrier, including without limitation cancelled checks or other documents showing any payments received from said carrier relating to the injuries arising from the allegations in the Complaint to this action. RESPONSE: Any/all responsive documents will be provided under separate cover. Legible copy of the front and back of Plaintiff’s driver's license. RESPONSE: A copy of the front and back of Plaintiff’s driver’s license will be provided under separate cover.19. Copies of any and all medical providers’ letters of protection. RESPONSE: Letters of protection will be provided under separate cover. 20. Copies of any and all cell phone bills, with all transaction activity, including but not limited to telephone calls received or sent, text messages received or sent and data usage for the dates of April 18, 2016 for any and all cell phones own, operated or maintained by ERROLL INNISS on April 18, 2016. RESPONSE: Objection. This request is unduly burdensome and overly broad.