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IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR CHARLOTTE COUNTY, FLORIDA
CIVIL ACTION
VENISSA DRIGGERS, as Personal Representative of the
Estate of DAVID B. FLICK, Deceased, CASE NO. -410
Plaintiffs,
vs.
MARK BARCIA, HOOTERS OF PORT CHARLOTTE, INC.,
BWR NORTH PORT, LLC d/b/a BUFFALO WINGS AND
RINGS, ATLANTA RESTAURANT PARTNERS, LLC d/b/a
TGI FRIDAYS, and JACKMONT HOSPITALITY, INC. d/b/a
TGI FRIDAYS,
Defendants.
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PLAINTIFF’S AMENDED NOTICE OF TAKING VIDEOTELECONFERENCE VIDEOTAPED DEPOSITION
DUCES TECUM
PLEASE TAKE NOTICE that the undersigned will take the deposition of the following:
Name and Address Date and Time Location
Corporate Representative designated by March 20, 2023 ZOOM
the Defendant, HOOTERS OF PORT 9:00 a.m. until completed VIDEOTELECONFERENCE
CHARLOTTE, INC., to testify about
matters known or reasonably available
to Defendant on the following matters
pursuant to Fla. R. Civ. P. 1.310(b)(6):
The subject incident;
(b) Mark Barcia’s patronage of
Defendant’s premises;
Policies and procedures
regarding the sale and service of
alcohol;
(d) Employee training regarding the
sale of alcohol;
(e) Defendant’s qualification at the
subject premises and business as
a “Responsible Vendor” un
the Florida Responsible Vendor
Act;
(f) Incidents of disorderly
intoxicated patrons, which
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occurred at the Defendant’s
premises within the five (5) year
period prior to the incident
through the date of the incident.
(g) Incidents where law
enforcement was called out to
Defendant’s premises regarding
disorderly intoxicated patrons
for the five (5) year period prior
to the incident through the date
of the incident
(h) Car accidents involving patrons
who consumed alcohol on the
subject premises for the five (5)
year period prior to the incident
through the date of the incident
(i) Infractions relating to the liquor
license for the subject premises
for the five year period
preceding the subject incident.
(to be produced by defense counsel)
Upon oral examination, before PHIPPS REPORTING, a Notary Public, or any other Notary Public
or officer duly authorized by law to take depositions. The oral examination will continue from day to
day until completed. The deposition is being taken for the purpose of discovery, for use at trial, or both
of the foregoing, or for such other purposes as are permitted under the applicable and governing rules.
The deposition will be videotaped. The name of the operator is PHIPPS REPORTING.
The deponent is to bring at that time and place the following:
The face sheet of any and all insurance policies indemnifying the Defendant for its legal
liability for accidents of a nature complained of by Plaintiff.
Copies of any and all insurance policies which operate to insure the Defendant for claims
arising out of the circumstances in Plaintiff’s Complaint. The request applies to both “primary” and “excess”
insurance policies.
Any and all incident reports and accident reports pertaining to DAVID B. FLICK, deceased’s,
accident, as alleged in the Plaintiff’s Complaint.
Copy of Defendant’s liquor license on December 31, 2019.
Any and all incident reports and accident reports pertaining to MARK BARCIA’s patronage of
Defendant’s premises on December 31, 2019, as alleged in the Plaintiff’s Complaint.
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Any and all incident reports and accident reports pertaining to MARK BARCIA’s patronage of
Defendant’s premises for the five year period preceding the subject incident.
All statements, examinations under oath, or depositions Defendant or its employees, agents
or servants have given to law enforcement or the State Attorney’s Office regarding the subject incident
and/or MARK BARCIA.
All correspondence between Defendant and law enforcement or the State Attorney’s Office
regarding the subject incident and/or MARK BARCIA.
Any and all statements in any form whatsoever, taken anyone, including but not limited to
witnesses, employees, and managers concerning the subject incident or MARK BARCIA’s patronage of
Defendant’s premises on December 31, 2019.
A copy of Defendant’s employee handbook applicable to the subject business and premises
on December 31, 2019.
Manager’s log book or daily log for December 31, 2019.
The original or photographs of each and every sign, warning, or other document that was
posted anywhere on Defendant’s premises on December 31, 2019, that pertained to any limitation, practice,
rule, policy, or procedure with respect to the sales, service, or purchase or consumption of alcoholic
beverages.
Any and all policies, procedures, best practices, written rules, employee handbooks, training
materials, manuals, bulletins, movies, course materials or any other written material concerning the sale and
service of alcohol and security for its patrons for the three year period preceding the incident to present.
All alcohol policy statements and any personnel policies filled out or signed by each and
every one of your agents, servants, or employees who were working at the subject premises and business on
December 31, 2019.
All policies, procedures, manuals, protocols or other documents pertaining to alcohol
awareness issues, including but not limited to awareness of alcohol addiction.
All policies, procedures, manuals, protocols or other documents pertaining to alcohol
awareness issues, including but not limited to dealing with or identifying and dealing with or handling visibly
intoxicated patrons.
Any and all documents or correspondence pertaining to Defendant’s qualification at the
subject premises and business as a “Responsible Vendor” under the Florida Responsible Vendor Act, sections
561.701-561.706, Florida Statutes.
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Copy of the safety manual, policy manual, and/or written instructions given to employees or
any other writings directed to employees regarding the performance of their employment duties regarding
security of the patrons and employees and property referred to in the Complaint, and the sale and service of
alcohol.
Any and all documentation reflecting, enumerating, evidencing or disclosing any disorderly
patrons or intoxicated patrons, which occurred at the Defendant’s premises within the five (5) year period
prior to the incident through the date of the incident.
Copies of any and all minutes, letters, memoranda and other documents reflecting,
enumerating, evidencing or disclosing the content of any discussions of meetings of the Defendant, its
agents, or employees relating to the need for security procedures, and/or procedures regarding the sale to
and/or consumption of alcohol by patrons, within the five (5) year period before the incident.
Any and all documents which support and/or establish the basis for the Defendant’s version
of how the incident occurred as alleged in the Defendant’s Answers to Interrogatories.
Any and all timecards, employee lists, duty rosters, employee records, job schedules and
other documents which disclose the names, addresses, telephone numbers and positions of all employees
(regardless of whether they still work there) who were working or should have been working in or upon the
Defendant’s premises on December 31, 201
Any and all documents reflecting, enumerating, evidencing or disclosing what training the
Defendant’s employees were supposed to have had with respect to sale and service of alcohol on the date
of the subject incident.
Any and all documents reflecting, enumerating, evidencing or disclosing what training the
Defendant’s employees working on the day of the incident had actually completed, prior to the incident with
respect to the Defendant’s sales and service of alcohol, on the date of the subject incident.
Any and all surveillance tapes, recordings, camera recordings, computer recordings,
including both audio and video recordings, and footage of any kind taken on December 31, 2019 on the
subject property. See Target Corp. v. Vogel, 41 So.3d 962 (Fla. 4th DCA 2010).
All videos, photographs, or recordings depicting MARK BARCIA on the subject premises and
business for the three-year period preceding the date of the incident through the date of the incident.
Copies of any and all leases, franchise agreements, or other type of agreements regarding
the ownership, management, or operation of the subject property.
All sales records showing alcohol sales for December 31, 2019 at the subject premises and
business.
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Copies of any and all receipts, bills, table checks, credit card receipts, or other documents
showing all purchases at the subject premises by MARK BARCIA on December 31, 2019.
Copies of any and bills, table checks, receipts, credit card receipts or other documents
showing all purchases by MICHAEL LAUFF on December 31, 2019.
Copies of any all receipts, bills, table checks, credit card receipts, or other documents
showing alcohol that was provided to or consumed by MARK BARCIA on December 31, 2019 regardless of
whether it was purchased by MARK BARCIA.
pies of any and all receipts, bills, table checks, credit card receipts, or other documents
showing all purchases at the subject premises by MARK BARCIA on for the three year period preceding the
date of incident.
Copies of any and all incident reports or materials reflecting or disclosing any incidents of
patrons getting into car collisions or committing crimes after being served alcohol at the subject premises
and business for the five-year period preceding the incident through the date of the incident.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a copy of the foregoing has been furnished by E-Mail on the 27 day of
January 2023, to Yasmine Kirollos, Esq., Conroy Simberg, 12730 New Brittany Blvd., Ste. 300, Fort Myers, FL
33907; T.R. Unice, Jr., Esq., Unice Salzman Jensen, P.A., SouthState Bank Building, Seconf Floor 1815 Little
Road, Trinity, FL 34655; Howard W Holden, Esq, Luks, Santaniello, Petrillo & Jones, 1422 Hendry St., 3rd
Floor, Fort Myers, FL 33901; Michael Rubin, Esq. and Joshua W. Brankamp, Esq., Ritter Chusid, LLP, 5850
Coral Ridge Dr., Ste. 201, Coral Springs, FL 33076.
SPIVEY LAW FIRM
PERSONAL INJURY ATTORNEYS, P.A.
13400 Parker Commons Boulevard
Fort Myers 33912
Phone: (239) 337-7483
Fax: (239) 337-7484
By
RANDALL L. SPIVEY
Florida Bar No. 0064742
Randall@spiveylaw.com
PHIPPS REPORTING
In accordance with the Americans with Disabilities Act of 1990, persons needing a special accommodation to
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participate in this proceeding should contact Spivey Law Firm, Personal Injury Attorneys, P.A., at (239) 337-7483 or
(888) 477-4839, no later than seven days prior to the proceeding.
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