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Filing # 96432764 E-Filed 09/27/2019 03:41:25 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
AMENDED RESPONSE TO PLAINTIFF’S SECOND REQUEST TO PRODUCE
AMENDED AS TO # 4, 5, 15, 23, 26
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
Second Request to Produce to Defendant with the Certificate of Service dated July 18,
2019, as follows:
1. FHP’s policies, procedures, guidelines, manuals, academy training materials and
any other documentation related to conducting a crash investigation, including but not
limited to determination of speed, evaluation of physical evidence such as tire marks and
road debris, and accident reconstruction.
RESPONSE: FHP’s policies and procedures are available for public access
on the website, as follows: https://www.fihsmyv.gov/florida-
highway-patrol/about-fhp/fhp-policy-manual/
Further, FHP does not maintain academy training materials, as
Academy does not own the training material.
*** FILED: PALM BEACH COUNTY, FL SHARON R BOCK, CLERK. 09/27/2019 03:41:25 PM ***FHP’s Amended Response to Plaintiff's Second Request to Produce
CASE NO: 2018-CA-015498
Page 2 0f7
2. FHP’s policies, procedures, guidelines, manuals, and any other documentation
related to the determination and issuance of a traffic citation after a crash investigation.
RESPONSE: See response to #1, above.
3. Portions of Sgt. Dooley’s employee file containing any and all accolades, including
but not limited to awards, commendations, recognition, medals, honors, promotions, and
other industry accomplishments, as well as anything related or reported by citizens from
interactions with Sgt. Dooley.
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 I, § 23.
4. The complete employee file of Defendant, Trp. Ricky Lee Mayo.
RESPONSE: Attached.
5. Any and all correspondence between Sergeant Dooley and anyone in his chain of
command (Lieutenant, Captain, Major, or Chief) related to the subject accident, crash
report, or Trp. Ricky Lee Mayo.
RESPONSE: Documents responsive to this request have been requested and
will be produced upon receipt of the same, to the extent they
exist.
6. Dashcam video from Trp. Ricky Lee Mayo’s patrol car on the date of the subject
accident, beginning at 10:00 p.m. and ending when the camera was shut off and removed
from the disabled patrol vehicle.
RESPONSE: None.
7. Any and all videos or reproductions of the accident / incident that is the subject
matter of this lawsuit taken by or on behalf of the Defendant or the Defendant's attorneys,
investigators, agents, representatives, servants or employees which are in any manner
related to the subject matter of this lawsuit. This request includes, but is not limited to,
any and all videos of the subject premises, scene of the accident or event that is the
subject matter of this lawsuit, and videos taken of the Plaintiff.
RESPONSE: None.
8. Documentation reflecting the speed and location of Trp. Ricky Lee Mayo’s patrol
car at the time of the subject accident and ten (10) minutes prior to the accident. ThisFHP’s Amended Response to Plaintiff's Second Request to Produce
CASE NO: 2018-CA-015498
Page 3 of 7
Request is including but not limited to information from the Computer Aided Dispatch
(CAD) system.
RESPONSE: The GPS is only retained for 120 days, therefore, none other
than the CAD Reports, attached.
9. Your policies, procedures, guidelines, equipment manuals and all other
documentation regarding your CAD system, your use thereof and the preservation and
retention of images recorded thereon.
RESPONSE: See response to #1, above.
10. Your policies, procedures, guidelines, equipment manuals and all other
documentation regarding your patrol car dashcam footage, your use thereof and the
preservation and retention of images recorded thereon.
RESPONSE: See response to #1, above.
11. Any and all photographs, videos, audiotapes, records, reports and other writings
or recorded representations relating in any way to any surveillance conducted on the
Plaintiff by the Defendant or the Defendant's attorneys, investigators, agents,
representatives, servants or employees.
RESPONSE: None.
12. Any and all medical records, reports, opinions, or other writings in the care,
custody, possession or control of the Defendant or the Defendant’s attorneys,
investigators, agents, representatives, servants or employees, received from doctors,
physicians, nurses, other health care providers or anyone else who saw, examined, or
rendered care or treatment to the Plaintiff(s) or from any hospitals where the Plaintiff(s)
was/were seen. This request does not include any records provided directly from Plaintiff.
RESPONSE: Attached are documents from the following providers in
response to Non-Party Subpoenas as follows:
Independent Imaging
Wellington Regional Medical Center
Sportscare of America, P.C.
Sierra Surgical (billing records only)
Lake Worth Surgical Center
The Imaging Centers
Palms West Hospital
Palm Beach County Fire Rescue
Southern Chiropractic Life Center
Jeffrey Katzell, MD
Jaimy H. Bensimon, M.D., P.A. (Note re: No Records)
Fre sere poreFHP’s Amended Response to Plaintiff's Second Request to Produce
CASE NO: 2018-CA-015498
Page 4 of 7
1 Integrated Regional Laboratories (Correspondence re:
No Records)
m. Brett Schlifka, DO
JFK Medical Center North
o. Olympia Medical Center, Inc./ Renes Castor, MD
13. Any and all reports prepared by experts who are expected to testify at the trial of
this cause. This — and all of these requests — are continuing in nature should any report(s)
or other item be created after the defendant files a response to these Requests.
RESPONSE: Unable to respond to this request as experts remain
undetermined at this time.
14. For each expert whom you expect to call as an expert witness at the trail of this
cause, copies of any and all factual information or data supplied to or relied upon by the
expert, copies of any and all textual material, including, but not limited to, treatises,
periodicals, books, dissertations, pamphlets, journals and other writings on which the
expert will or is anticipated to rely on or which the expert alleges supports any of his or
her opinions, copies of any and all statutes, ordinances, codes, safety manuals,
regulations, or other standards on which the expert will or is anticipated to rely, and copies
of any and all records, evaluations, charts, graphs, photographs, movies, motion pictures,
slides, films, videotapes, audiotapes, reconstructions and other writings or recorded
representations prepared or generated by or on behalf of the expert that relate in any way
to the preparation or formulation of any of his or her opinions in this case, including but
not limited to all books, manuals, texts or other written or recorded materials referenced
by you for the formulation of this opinion.
RESPONSE: Unable to respond to this request as experts remain
undetermined at this time.
15. Any and all correspondence between Trp. Ricky Lee Mayo and anyone in his chain
of command (Sergeant, Lieutenant, Captain, Major, or Chief), or anyone else at FHP,
related to the subject accident, crash report, citation, traffic court appearance or
disposition of any citation.
RESPONSE: See response to #5, above.
16. Any traffic citations the Defendant received since the accident that is the subject
matter of this lawsuit.
RESPONSE: None in our possession.
17. Audio recording of Trp. Ricky Lee Mayo reporting of the crash or “calling it in.”
RESPONSE: Audio recording are only preserved for 120 days. This recording
no longer exists.FHP’s Amended Response to Plaintiff's Second Request to Produce
CASE NO: 2018-CA-015498
Page 5 of 7
18. Portions of Trp. Ricky Lee May’s employee file containing any and all accolades,
including but not limited to awards, commendations, recognition, medals, honors,
promotions, and other industry accomplishments, as well as anything related to or
reported by citizens from interactions with Trp. Ricky Lee Mayo.
RESPONSE: See Response to #4, above.
19. Records related to the evaluation of damage and repairs done to the patrol car
driven by Trp. Ricky Lee Mayo and involved in the subject crash.
RESPONSE: Objection, overbroad and not defined as to scope.
Notwithstanding said objection, post-accident repair invoices
and estimates from April 18, 2016 through September 15, 2017
were previously produced by this Defendant in Response to
Plaintiff's First Request to Produce, #1.
20. Photographs of tire marks, debris, vehicle damage, and any other images taken
from the scene of the accident.
RESPONSE: All| photographs in this Defendant’s possession have
previously been produced by this Defendant in Response to
Plaintiff's First Request to Produce, #6.
21. Records reflecting the Florida Department of Highway Safety & Motor Vehicles
number, and serial number, for the computer assigned to Trp. Ricky Lee Mayo which was
in his patrol car at the time of the subject accident.
RESPONSE: See the attached Property transfer log as maintained by FHP
which shows the transfer of the laptop, with Serial Number:
53PMNY1 and property # 208692, from Ricky Mayo to be
received by Marvin Smith in 2017.
22. Records reflecting the chain of custody for the computer assigned to Trp. Ricky
Lee Mayo which was in his patrol car at the time of the subject accident, from the date of
the subject accident to present.
RESPONSE: See response to #21, above in addition to the following
attachments;
« notification, dated April 18, 2017 showing transfer status
of item # 208692.FHP’s Amended Response to Plaintiff's Second Request to Produce
CASE NO: 2018-CA-015498
Page 6 of 7
e Email correspondence from Fixed Assets, dated August
19, 2019 showing on that date the laptop is at ProLogicITS
in Atlanta, Georgia which is location 99 ATL FHP.
On August 23, 2018 this laptop was transferred to ProLogicITS
in Atlanta, GA. ProLogicITS would have re-imaged the laptop for
future issuance to another member.
23. Trp. Ricky Lee Mayo’s application for employment with FHP.
RESPONSE: See Response to #4, above.
24. Audiotape of the dispatch calls on the channel for the specific Troop in which Trp.
Ricky Lee Mayo was a part of and would have been listening to in his patrol car while on
duty, for a period of five (5) minutes immediately preceding Trp. Ricky Lee Mayo’s call in
to dispatch to report the subject accident.
RESPONSE: None. Furthermore, see response to #17, above.
25. FHP’s policies, procedures, guidelines, manuals, and any other documentation
related to the protocol for when to request EMS / Ambulance at the scene of a traffic
crash.
RESPONSE: See response to #1, above.
26. The complete FDHSMV driving record for Ricky Lee Mayo.
RESPONSE: Attached.
27. Any document you rely upon to support your denial of any Request for Admissions.
RESPONSE: See documents and photographs previously produced by this
Defendant in Response to Plaintiff's First Request for
Production, in addition to the documents and medical records
produced herein.
[Certificate of Service is located on the following page.]FHP’s Amended Response to Plaintiff's Second Request to Produce
CASE NO: 2018-CA-015498
Page 7 of 7
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 27" day of September, 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@pbobolaw.com
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Filing # 96432764 E-Filed 09/27/2019 03:41:25 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 AMENDED RESPONSE TO PLAINTIFF’S SECOND REQUEST TO PRODUCE AMENDED AS TO # 4, 5, 15, 23, 26 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 Second Request to Produce to Defendant with the Certificate of Service dated July 18, 2019, as follows: 1. FHP’s policies, procedures, guidelines, manuals, academy training materials and any other documentation related to conducting a crash investigation, including but not limited to determination of speed, evaluation of physical evidence such as tire marks and road debris, and accident reconstruction. RESPONSE: FHP’s policies and procedures are available for public access on the website, as follows: https://www.fihsmyv.gov/florida- highway-patrol/about-fhp/fhp-policy-manual/ Further, FHP does not maintain academy training materials, as Academy does not own the training material. *** FILED: PALM BEACH COUNTY, FL SHARON R BOCK, CLERK. 09/27/2019 03:41:25 PM ***FHP’s Amended Response to Plaintiff's Second Request to Produce CASE NO: 2018-CA-015498 Page 2 0f7 2. FHP’s policies, procedures, guidelines, manuals, and any other documentation related to the determination and issuance of a traffic citation after a crash investigation. RESPONSE: See response to #1, above. 3. Portions of Sgt. Dooley’s employee file containing any and all accolades, including but not limited to awards, commendations, recognition, medals, honors, promotions, and other industry accomplishments, as well as anything related or reported by citizens from interactions with Sgt. Dooley. 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 I, § 23. 4. The complete employee file of Defendant, Trp. Ricky Lee Mayo. RESPONSE: Attached. 5. Any and all correspondence between Sergeant Dooley and anyone in his chain of command (Lieutenant, Captain, Major, or Chief) related to the subject accident, crash report, or Trp. Ricky Lee Mayo. RESPONSE: Documents responsive to this request have been requested and will be produced upon receipt of the same, to the extent they exist. 6. Dashcam video from Trp. Ricky Lee Mayo’s patrol car on the date of the subject accident, beginning at 10:00 p.m. and ending when the camera was shut off and removed from the disabled patrol vehicle. RESPONSE: None. 7. Any and all videos or reproductions of the accident / incident that is the subject matter of this lawsuit taken by or on behalf of the Defendant or the Defendant's attorneys, investigators, agents, representatives, servants or employees which are in any manner related to the subject matter of this lawsuit. This request includes, but is not limited to, any and all videos of the subject premises, scene of the accident or event that is the subject matter of this lawsuit, and videos taken of the Plaintiff. RESPONSE: None. 8. Documentation reflecting the speed and location of Trp. Ricky Lee Mayo’s patrol car at the time of the subject accident and ten (10) minutes prior to the accident. ThisFHP’s Amended Response to Plaintiff's Second Request to Produce CASE NO: 2018-CA-015498 Page 3 of 7 Request is including but not limited to information from the Computer Aided Dispatch (CAD) system. RESPONSE: The GPS is only retained for 120 days, therefore, none other than the CAD Reports, attached. 9. Your policies, procedures, guidelines, equipment manuals and all other documentation regarding your CAD system, your use thereof and the preservation and retention of images recorded thereon. RESPONSE: See response to #1, above. 10. Your policies, procedures, guidelines, equipment manuals and all other documentation regarding your patrol car dashcam footage, your use thereof and the preservation and retention of images recorded thereon. RESPONSE: See response to #1, above. 11. Any and all photographs, videos, audiotapes, records, reports and other writings or recorded representations relating in any way to any surveillance conducted on the Plaintiff by the Defendant or the Defendant's attorneys, investigators, agents, representatives, servants or employees. RESPONSE: None. 12. Any and all medical records, reports, opinions, or other writings in the care, custody, possession or control of the Defendant or the Defendant’s attorneys, investigators, agents, representatives, servants or employees, received from doctors, physicians, nurses, other health care providers or anyone else who saw, examined, or rendered care or treatment to the Plaintiff(s) or from any hospitals where the Plaintiff(s) was/were seen. This request does not include any records provided directly from Plaintiff. RESPONSE: Attached are documents from the following providers in response to Non-Party Subpoenas as follows: Independent Imaging Wellington Regional Medical Center Sportscare of America, P.C. Sierra Surgical (billing records only) Lake Worth Surgical Center The Imaging Centers Palms West Hospital Palm Beach County Fire Rescue Southern Chiropractic Life Center Jeffrey Katzell, MD Jaimy H. Bensimon, M.D., P.A. (Note re: No Records) Fre sere poreFHP’s Amended Response to Plaintiff's Second Request to Produce CASE NO: 2018-CA-015498 Page 4 of 7 1 Integrated Regional Laboratories (Correspondence re: No Records) m. Brett Schlifka, DO JFK Medical Center North o. Olympia Medical Center, Inc./ Renes Castor, MD 13. Any and all reports prepared by experts who are expected to testify at the trial of this cause. This — and all of these requests — are continuing in nature should any report(s) or other item be created after the defendant files a response to these Requests. RESPONSE: Unable to respond to this request as experts remain undetermined at this time. 14. For each expert whom you expect to call as an expert witness at the trail of this cause, copies of any and all factual information or data supplied to or relied upon by the expert, copies of any and all textual material, including, but not limited to, treatises, periodicals, books, dissertations, pamphlets, journals and other writings on which the expert will or is anticipated to rely on or which the expert alleges supports any of his or her opinions, copies of any and all statutes, ordinances, codes, safety manuals, regulations, or other standards on which the expert will or is anticipated to rely, and copies of any and all records, evaluations, charts, graphs, photographs, movies, motion pictures, slides, films, videotapes, audiotapes, reconstructions and other writings or recorded representations prepared or generated by or on behalf of the expert that relate in any way to the preparation or formulation of any of his or her opinions in this case, including but not limited to all books, manuals, texts or other written or recorded materials referenced by you for the formulation of this opinion. RESPONSE: Unable to respond to this request as experts remain undetermined at this time. 15. Any and all correspondence between Trp. Ricky Lee Mayo and anyone in his chain of command (Sergeant, Lieutenant, Captain, Major, or Chief), or anyone else at FHP, related to the subject accident, crash report, citation, traffic court appearance or disposition of any citation. RESPONSE: See response to #5, above. 16. Any traffic citations the Defendant received since the accident that is the subject matter of this lawsuit. RESPONSE: None in our possession. 17. Audio recording of Trp. Ricky Lee Mayo reporting of the crash or “calling it in.” RESPONSE: Audio recording are only preserved for 120 days. This recording no longer exists.FHP’s Amended Response to Plaintiff's Second Request to Produce CASE NO: 2018-CA-015498 Page 5 of 7 18. Portions of Trp. Ricky Lee May’s employee file containing any and all accolades, including but not limited to awards, commendations, recognition, medals, honors, promotions, and other industry accomplishments, as well as anything related to or reported by citizens from interactions with Trp. Ricky Lee Mayo. RESPONSE: See Response to #4, above. 19. Records related to the evaluation of damage and repairs done to the patrol car driven by Trp. Ricky Lee Mayo and involved in the subject crash. RESPONSE: Objection, overbroad and not defined as to scope. Notwithstanding said objection, post-accident repair invoices and estimates from April 18, 2016 through September 15, 2017 were previously produced by this Defendant in Response to Plaintiff's First Request to Produce, #1. 20. Photographs of tire marks, debris, vehicle damage, and any other images taken from the scene of the accident. RESPONSE: All| photographs in this Defendant’s possession have previously been produced by this Defendant in Response to Plaintiff's First Request to Produce, #6. 21. Records reflecting the Florida Department of Highway Safety & Motor Vehicles number, and serial number, for the computer assigned to Trp. Ricky Lee Mayo which was in his patrol car at the time of the subject accident. RESPONSE: See the attached Property transfer log as maintained by FHP which shows the transfer of the laptop, with Serial Number: 53PMNY1 and property # 208692, from Ricky Mayo to be received by Marvin Smith in 2017. 22. Records reflecting the chain of custody for the computer assigned to Trp. Ricky Lee Mayo which was in his patrol car at the time of the subject accident, from the date of the subject accident to present. RESPONSE: See response to #21, above in addition to the following attachments; « notification, dated April 18, 2017 showing transfer status of item # 208692.FHP’s Amended Response to Plaintiff's Second Request to Produce CASE NO: 2018-CA-015498 Page 6 of 7 e Email correspondence from Fixed Assets, dated August 19, 2019 showing on that date the laptop is at ProLogicITS in Atlanta, Georgia which is location 99 ATL FHP. On August 23, 2018 this laptop was transferred to ProLogicITS in Atlanta, GA. ProLogicITS would have re-imaged the laptop for future issuance to another member. 23. Trp. Ricky Lee Mayo’s application for employment with FHP. RESPONSE: See Response to #4, above. 24. Audiotape of the dispatch calls on the channel for the specific Troop in which Trp. Ricky Lee Mayo was a part of and would have been listening to in his patrol car while on duty, for a period of five (5) minutes immediately preceding Trp. Ricky Lee Mayo’s call in to dispatch to report the subject accident. RESPONSE: None. Furthermore, see response to #17, above. 25. FHP’s policies, procedures, guidelines, manuals, and any other documentation related to the protocol for when to request EMS / Ambulance at the scene of a traffic crash. RESPONSE: See response to #1, above. 26. The complete FDHSMV driving record for Ricky Lee Mayo. RESPONSE: Attached. 27. Any document you rely upon to support your denial of any Request for Admissions. RESPONSE: See documents and photographs previously produced by this Defendant in Response to Plaintiff's First Request for Production, in addition to the documents and medical records produced herein. [Certificate of Service is located on the following page.]FHP’s Amended Response to Plaintiff's Second Request to Produce CASE NO: 2018-CA-015498 Page 7 of 7 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 27" day of September, 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@pbobolaw.com