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Filing # 159264498 E-Filed 10/14/2022 01:42:32 PM
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. 21-CA-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.
/
PLAINTIFF’S 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 Janaury 18, 2023 ZOOM
the Defendant, HOOTERS OF PORT 1:00 p.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):
(a) The subject incident;
(b) Mark Barcia’s patronage of
Defendant’s premises;
(c) 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” under
the Florida Responsible Vendor
Act;
(f) Incidents of disorderly
intoxicated patrons, which
occurred at the Defendant’s
Page 1 of 7
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:
1 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.
2. 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.
3 Any and all incident reports and accident reports pertaining to DAVID B. FLICK,
deceased’s, accident, as alleged in the Plaintiff's Complaint.
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4 Copy of Defendant’s liquor license on December 31, 2019.
5. 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.
6 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.
7 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.
8 All correspondence between Defendant and law enforcement or the State
Attorney’s Office regarding the subject incident and/or MARK BARCIA.
9. Any and all statements in any form whatsoever, taken anyone, including but not
limited to witnesses, employees, and managers concerning
the subject incidentor MARK BARCIA’s
patronage of Defendant’s premises on December 31, 2019.
10. A copy of Defendant’s employee handbook applicable to the subject business and
premises on December 31, 2019.
11. Manager’s log book or daily log for December 31, 2019.
12. 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.
13. Any and all policies, procedures, best practices, written rules, employee handbooks,
training materials, manuals, bulletins, movies, course materials or any other written material
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concerning the sale and service of alcohol and security for its patrons for the three year period
preceding the incident to present.
14. 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.
15. All policies, procedures, manuals, protocols or other documents pertaining to
alcohol awareness issues, including but not limited to awareness of alcohol addiction.
16. 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.
17. Any and all documents or correspondence pertainingto 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.
18. 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.
19. 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.
20. 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,
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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.
21. 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.
22. 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, 2019.
23. 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.
24. 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,
priorto the incident with respectto the Defendant’s sales and service of alcohol, on the date of the
subject incident.
25. 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).
26. 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.
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27. Copies of any and all leases, franchise agreements, or other type of agreements
regarding the ownership, management, or operation of the subject property.
28. All sales records showing alcohol sales for December 31, 2019 at the subject
premises and business.
29. 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.
30. Copies of any and bills, table checks, receipts, credit card receipts or other
documents showing all purchases by MICHAEL LAUFF on December 31, 2019.
31. 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.
32. 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 for the three year
period preceding the date of incident.
33. 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
| HEREBY CERTIFY that a copy of the foregoing has been furnished by E-Mail on the 14" day of
October, 2022, 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
Page 6 of 7
Road, Trinity, FL 34655; Howard W Holden, Esq, Luks, Santaniello, Petrillo & Jones, 1422 Hendry St., 3rd
Floor, Fort Myers, FL 33901; James F. Sposato, 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, FL 33912
Phone: (239) 337-7483
Fax: (239) 337-7484
By
RANDALL L. SPIVEY
Florida Bar No. 0064742
Randall spiveylaw.com
cc: PHIPPS REPORTING
In accordance with the Americans with Disabilities Act of 1990, persons needing a special
accommodation to 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.
Page 7 of 7
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Filing # 159264498 E-Filed 10/14/2022 01:42:32 PM 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. 21-CA-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. / PLAINTIFF’S 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 Janaury 18, 2023 ZOOM the Defendant, HOOTERS OF PORT 1:00 p.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): (a) The subject incident; (b) Mark Barcia’s patronage of Defendant’s premises; (c) 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” under the Florida Responsible Vendor Act; (f) Incidents of disorderly intoxicated patrons, which occurred at the Defendant’s Page 1 of 7 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: 1 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. 2. 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. 3 Any and all incident reports and accident reports pertaining to DAVID B. FLICK, deceased’s, accident, as alleged in the Plaintiff's Complaint. Page 2 of 7 4 Copy of Defendant’s liquor license on December 31, 2019. 5. 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. 6 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. 7 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. 8 All correspondence between Defendant and law enforcement or the State Attorney’s Office regarding the subject incident and/or MARK BARCIA. 9. Any and all statements in any form whatsoever, taken anyone, including but not limited to witnesses, employees, and managers concerning the subject incidentor MARK BARCIA’s patronage of Defendant’s premises on December 31, 2019. 10. A copy of Defendant’s employee handbook applicable to the subject business and premises on December 31, 2019. 11. Manager’s log book or daily log for December 31, 2019. 12. 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. 13. Any and all policies, procedures, best practices, written rules, employee handbooks, training materials, manuals, bulletins, movies, course materials or any other written material Page 3 of 7 concerning the sale and service of alcohol and security for its patrons for the three year period preceding the incident to present. 14. 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. 15. All policies, procedures, manuals, protocols or other documents pertaining to alcohol awareness issues, including but not limited to awareness of alcohol addiction. 16. 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. 17. Any and all documents or correspondence pertainingto 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. 18. 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. 19. 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. 20. 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, Page 4 of 7 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. 21. 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. 22. 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, 2019. 23. 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. 24. 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, priorto the incident with respectto the Defendant’s sales and service of alcohol, on the date of the subject incident. 25. 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). 26. 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. Page 5of7 27. Copies of any and all leases, franchise agreements, or other type of agreements regarding the ownership, management, or operation of the subject property. 28. All sales records showing alcohol sales for December 31, 2019 at the subject premises and business. 29. 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. 30. Copies of any and bills, table checks, receipts, credit card receipts or other documents showing all purchases by MICHAEL LAUFF on December 31, 2019. 31. 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. 32. 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 for the three year period preceding the date of incident. 33. 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 | HEREBY CERTIFY that a copy of the foregoing has been furnished by E-Mail on the 14" day of October, 2022, 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 Page 6 of 7 Road, Trinity, FL 34655; Howard W Holden, Esq, Luks, Santaniello, Petrillo & Jones, 1422 Hendry St., 3rd Floor, Fort Myers, FL 33901; James F. Sposato, 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, FL 33912 Phone: (239) 337-7483 Fax: (239) 337-7484 By RANDALL L. SPIVEY Florida Bar No. 0064742 Randall spiveylaw.com cc: PHIPPS REPORTING In accordance with the Americans with Disabilities Act of 1990, persons needing a special accommodation to 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. Page 7 of 7