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Filing # 147808811 E-Filed 04/17/2022 08:40:58 PM
IN THE CIRCUIT COURT, FOURTH
JUDICIAL CIRCUIT, IN AND FOR
DUVAL COUNTY, FLORIDA
SCOTT AKIN, STACEY AKIN, and CASE NO.: 2021-CA-4553
ASHLEY AKIN , DIVISION: CV-D
Plaintiffs,
V.
STEVEN WEBSTER, GERARD
WEBSTER,JR., UBER TECHNOLOGIES,
INC., RASIER, LLC, RASIER-CA,LLC,
RASIER-DC,LLC, RASIER,-PA,LLC,
RASIER-MT,LLC, and HINTER-NM,LLC,
Defendants.
/
DEFENDANT’S, GERARD WEBSTER, RESPONSE TO PLAINTIFFS’ FIRST
REQUEST FOR PRODUCTION
COMES NOW, Defendant, GERARD WEBSTER, by and through his undersigned
counsel and pursuant to Florida Rule of Civil Procedure 1.350, hereby files this,
Defendant's Response to Plaintiffs’ Request to Produce and would state as follows:
1. Any and all photographs of the vehicles involved in the subject accident.
Response: See photographs being produced.
Any and all photographs of the scene of the subject accident.
Response: See photographs being produced.
Any and all photographs taken of Plaintiff(s) at the scene of the subject accident.
Response: See photographs being produced, which may contain the
requested information. Plaintiffs’ medical and/or employment records may
contain this information. These materials were sent by Plaintiffs to
Defendant and are, therefore, equally available to both parties. Otherwise,
none.
ACCEPTED: DUVAL COUNTY, JODY PHILLIPS, CLERK, 04/18/2022 12:52:35 PM
4. Any and all photographs of injuries sustained by Plaintiff(s) or any other party as a
result of the crash.
Response: Plaintiffs’ medical and/or employment records may contain this
information. These materials were sent by Plaintiffs to Defendant and are,
therefore, equally available to both parties. Otherwise, none.
Any and all photographs, maps, diagrams, drawings or other images of the scene
of the subject accident.
Response: Please find a copy of the Traffic Crash Report being produced.
Defendant objects to the introduction of the Traffic Crash Report at trial.
Please also see photographs being produced. Please reference Defendants’
Privilege and Production Log. Otherwise, none.
All statements of Plaintiff(s), whether written or recorded, at the time of or
subsequent to the subject accident.
Response: Please find a copy of the Traffic Crash Report being produced,
which may contain statements. Defendant objects to the introduction of the
Traffic Crash Report at trial. Please see Plaintiffs’ medical and employment
records, which may contain statements. Otherwise, none. Please reference
Defendants’ Privilege and Production Log. Otherwise, none.
7. All statements of any eyewitnesses to the subject accident or a privilege log
identifying those statements which are being withheld as required by the Florida
Rules.
Response: Objection. Defendant Steven Webster provided a recorded
statement to his insurance company which is privileged work production.
Please reference Defendants’ Privilege and Production Log. Please find a
copy of the Traffic Crash Report being produced, which may contain the
requested information. Defendant objects to the introduction of the Traffic
Crash Report at trial. Otherwise, Plaintiffs’ medical and employment records,
may contain statements relating to liability, causation and damages.
Discovery and investigation are ongoing. Otherwise, none.
8. All accident or incident reports concerning the subject accident, including the police
report, or in the alternative statements made by the Plaintiff(s) or the substance
thereof. In the event there is an objection on the basis of the work-product privilege,
please provide a privilege log identifying those withheld reports as required by the
Florida Rules.
Response: Objection. Defendant Steven Webster provided a recorded
statement to his insurance company which is privileged work production.
Please find a copy of the Traffic Crash Report being produced, which may
contain the requested information. Defendant objects to the introduction of
the Traffic Crash Report at trial. Otherwise, none in the possession of
Defendant.
Certified copies of any and all policies of insurance, insuring the Defendant on or
about the date of the incident described in the Complaint, which might inure to the
benefit of the Plaintiff(s) as a result of the subject accident.
Response: A copy of the applicable Progressive policy was produced prior
to the initiation of the present lawsuit and is, therefore, equally available to
both parties. Otherwise, none in the possession of Defendant.
10.Any and all repair estimates of the vehicles as described in the Complaint.
Response: None.
11 Any and all photographs, films, surveillance photographs, surveillance films, or
other such images taken of the Plaintiff(s). In the event there is an objection on the
basis of the work-product privilege, please provide a privilege log identifying those
withheld reports as required by the Florida Rules.
Response: Apart from the photos produced in response to the preceding
requests, Plaintiffs’ medical records may contain imaging and these
materials are equally available to both parties, as all of Plaintiffs’ medical
records were produced by Plaintiffs. Otherwise, none.
12.Any and all cell phone records from the date of the subject incident showing times
(and not substance) of cell phone calls made or received, the length of the calls,
and text messages made or received from the hour before to the hour following
the subject accident.
Response: Objection. Defendant asserts his privacy rights under Article I,
section 23 of the Florida Constitution. The requested production is
overbroad and not likely to lead to the discovery of admissible evidence in
the subject action, where Mr. Gerard Webster is alleged to be vicariously
liable.
13.Any and all past medical records pertaining to Plaintiff(s) in Defendant's
possession at this time.
Response: All medical records in Defendant’s possession were sent by
Plaintiffs and are therefore equally available to both parties.
14.Any and all information in Defendant’s possession with reference to any and all
prior or subsequent liability claims Plaintiff(s) may have made for injuries or losses
sustained.
Response: None known to Defendant, apart from statements that may be
contained in Plaintiffs’ medical and/or employment records. Please
reference Defendants’ Privilege and Production Log.
15.Any and all surveillance, surveillance photographs, movie films, video recordings,
drawings, sketches, or any other observations reduced to writing or film of the
following:
a Plaintiff(s);
b. Plaintiffs’ residence(s);
C. Activities of Plaintiff(s); or
d Activities of Plaintiffs’ family.
Response: Apart from the photographs produced in response to preceding
Requests for production and those that may be contained in Plaintiffs’
medical and employment records, none.
16.Any and all reports from any expert witness who has formed any opinion about any
facts related to the incident described in the Complaint that Defendant intends to
introduce into evidence at trial.
Response: Defendant and counsel have not determined experts at this time.
17.All documents that you intend to offer into evidence at trial or for the purposes of
a dispositive motion to include partial summary judgment.
Response: Defendant and counsel have not determined trial or motion
exhibits at this time.
18.Any and all writings from the date of the subject accident, including text messages
and social media postings, from Defendant, STEVEN WEBSTER, to Defendant,
GERARD WEBSTER, JR, discussing the subject accident.
Response: None in the possession of Defendant.
CERTIFICATE OF SERVICE
| HEREBY CERTIFY that on this 17th day of April, 2022, a true and correct copy of
the foregoing was filed with the Clerk of Duval County by using the Florida Courts e-Filing
Portal, which will send an automatic e-mail message to the following parties
registered with the e-Filing Portal system: Justin S. Drach, Esq., Thoele Drach,
justin@thoeledrach.com;amanda@thoeledrach.com;courtney@thoeledrach.com, 7545
Centurion Parkway, Suite 303, Jacksonville, FL 32256, (904) 600-4384/(904) 306-1355
(F), Attorney for Plaintiffs, Ashley Akin, Scott A. Akin and Stacey Akin, Kathryn M.
Oughton, Esq., Boyd & Jenerette, P.A.,
efiling@boydjen.com;koughton@boydjen.com;adodd@boydjen.com;dhohmann@boydj
en.com;cmccaskill@boydjen.com, 201 North Hogan Street, Suite 400, Jacksonville, FL
32202, (904) 353-624 1/(904) 493-3739 (F), Attorney for Defendant, Rasier-DC, LLC a/k/a
Uber Technologies, Inc., Amanda Thoele, Esq., Thoele Drach,
justin@thoeledrach.com;amanda@thoeledrach.com;courtney@thoeldrach.com, 7545
Centurion Parkway, Suite 303, Jacksonville, FL 32256, (904) 233-1555/(604) 306-1355
(F), Attorney for Plaintiffs, Ashley Akin, Stacey Akin and Scott A. Akin.
COLE, SCOTT, KISSANE, P.A.
Counsel for Defendant STEVEN WEBSTER,
GERARD WEBSTER,JR.
4190 Belfort Road, Suite 300
Jacksonville, Florida 32216-1461
Telephone (904) 672-4099
Facsimile (904) 672-4050
Primary e-mail: trevor.hawes@csklegal.com;
brandi.stevens@csklegal.com
Alternate e-mail:
hannah.emerson@csklegal.com;
kimberly.dodgen@csklegal.com;
tammy.lewis@csklegal.com
By s/Brea L. Dearing
TREVOR G. HAWES
Florida Bar No.: 521531
BREA L. DEARING
Florida Bar No.: 124341
0781.0525-00
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Filing # 147808811 E-Filed 04/17/2022 08:40:58 PM IN THE CIRCUIT COURT, FOURTH JUDICIAL CIRCUIT, IN AND FOR DUVAL COUNTY, FLORIDA SCOTT AKIN, STACEY AKIN, and CASE NO.: 2021-CA-4553 ASHLEY AKIN , DIVISION: CV-D Plaintiffs, V. STEVEN WEBSTER, GERARD WEBSTER,JR., UBER TECHNOLOGIES, INC., RASIER, LLC, RASIER-CA,LLC, RASIER-DC,LLC, RASIER,-PA,LLC, RASIER-MT,LLC, and HINTER-NM,LLC, Defendants. / DEFENDANT’S, GERARD WEBSTER, RESPONSE TO PLAINTIFFS’ FIRST REQUEST FOR PRODUCTION COMES NOW, Defendant, GERARD WEBSTER, by and through his undersigned counsel and pursuant to Florida Rule of Civil Procedure 1.350, hereby files this, Defendant's Response to Plaintiffs’ Request to Produce and would state as follows: 1. Any and all photographs of the vehicles involved in the subject accident. Response: See photographs being produced. Any and all photographs of the scene of the subject accident. Response: See photographs being produced. Any and all photographs taken of Plaintiff(s) at the scene of the subject accident. Response: See photographs being produced, which may contain the requested information. Plaintiffs’ medical and/or employment records may contain this information. These materials were sent by Plaintiffs to Defendant and are, therefore, equally available to both parties. Otherwise, none. ACCEPTED: DUVAL COUNTY, JODY PHILLIPS, CLERK, 04/18/2022 12:52:35 PM 4. Any and all photographs of injuries sustained by Plaintiff(s) or any other party as a result of the crash. Response: Plaintiffs’ medical and/or employment records may contain this information. These materials were sent by Plaintiffs to Defendant and are, therefore, equally available to both parties. Otherwise, none. Any and all photographs, maps, diagrams, drawings or other images of the scene of the subject accident. Response: Please find a copy of the Traffic Crash Report being produced. Defendant objects to the introduction of the Traffic Crash Report at trial. Please also see photographs being produced. Please reference Defendants’ Privilege and Production Log. Otherwise, none. All statements of Plaintiff(s), whether written or recorded, at the time of or subsequent to the subject accident. Response: Please find a copy of the Traffic Crash Report being produced, which may contain statements. Defendant objects to the introduction of the Traffic Crash Report at trial. Please see Plaintiffs’ medical and employment records, which may contain statements. Otherwise, none. Please reference Defendants’ Privilege and Production Log. Otherwise, none. 7. All statements of any eyewitnesses to the subject accident or a privilege log identifying those statements which are being withheld as required by the Florida Rules. Response: Objection. Defendant Steven Webster provided a recorded statement to his insurance company which is privileged work production. Please reference Defendants’ Privilege and Production Log. Please find a copy of the Traffic Crash Report being produced, which may contain the requested information. Defendant objects to the introduction of the Traffic Crash Report at trial. Otherwise, Plaintiffs’ medical and employment records, may contain statements relating to liability, causation and damages. Discovery and investigation are ongoing. Otherwise, none. 8. All accident or incident reports concerning the subject accident, including the police report, or in the alternative statements made by the Plaintiff(s) or the substance thereof. In the event there is an objection on the basis of the work-product privilege, please provide a privilege log identifying those withheld reports as required by the Florida Rules. Response: Objection. Defendant Steven Webster provided a recorded statement to his insurance company which is privileged work production. Please find a copy of the Traffic Crash Report being produced, which may contain the requested information. Defendant objects to the introduction of the Traffic Crash Report at trial. Otherwise, none in the possession of Defendant. Certified copies of any and all policies of insurance, insuring the Defendant on or about the date of the incident described in the Complaint, which might inure to the benefit of the Plaintiff(s) as a result of the subject accident. Response: A copy of the applicable Progressive policy was produced prior to the initiation of the present lawsuit and is, therefore, equally available to both parties. Otherwise, none in the possession of Defendant. 10.Any and all repair estimates of the vehicles as described in the Complaint. Response: None. 11 Any and all photographs, films, surveillance photographs, surveillance films, or other such images taken of the Plaintiff(s). In the event there is an objection on the basis of the work-product privilege, please provide a privilege log identifying those withheld reports as required by the Florida Rules. Response: Apart from the photos produced in response to the preceding requests, Plaintiffs’ medical records may contain imaging and these materials are equally available to both parties, as all of Plaintiffs’ medical records were produced by Plaintiffs. Otherwise, none. 12.Any and all cell phone records from the date of the subject incident showing times (and not substance) of cell phone calls made or received, the length of the calls, and text messages made or received from the hour before to the hour following the subject accident. Response: Objection. Defendant asserts his privacy rights under Article I, section 23 of the Florida Constitution. The requested production is overbroad and not likely to lead to the discovery of admissible evidence in the subject action, where Mr. Gerard Webster is alleged to be vicariously liable. 13.Any and all past medical records pertaining to Plaintiff(s) in Defendant's possession at this time. Response: All medical records in Defendant’s possession were sent by Plaintiffs and are therefore equally available to both parties. 14.Any and all information in Defendant’s possession with reference to any and all prior or subsequent liability claims Plaintiff(s) may have made for injuries or losses sustained. Response: None known to Defendant, apart from statements that may be contained in Plaintiffs’ medical and/or employment records. Please reference Defendants’ Privilege and Production Log. 15.Any and all surveillance, surveillance photographs, movie films, video recordings, drawings, sketches, or any other observations reduced to writing or film of the following: a Plaintiff(s); b. Plaintiffs’ residence(s); C. Activities of Plaintiff(s); or d Activities of Plaintiffs’ family. Response: Apart from the photographs produced in response to preceding Requests for production and those that may be contained in Plaintiffs’ medical and employment records, none. 16.Any and all reports from any expert witness who has formed any opinion about any facts related to the incident described in the Complaint that Defendant intends to introduce into evidence at trial. Response: Defendant and counsel have not determined experts at this time. 17.All documents that you intend to offer into evidence at trial or for the purposes of a dispositive motion to include partial summary judgment. Response: Defendant and counsel have not determined trial or motion exhibits at this time. 18.Any and all writings from the date of the subject accident, including text messages and social media postings, from Defendant, STEVEN WEBSTER, to Defendant, GERARD WEBSTER, JR, discussing the subject accident. Response: None in the possession of Defendant. CERTIFICATE OF SERVICE | HEREBY CERTIFY that on this 17th day of April, 2022, a true and correct copy of the foregoing was filed with the Clerk of Duval County by using the Florida Courts e-Filing Portal, which will send an automatic e-mail message to the following parties registered with the e-Filing Portal system: Justin S. Drach, Esq., Thoele Drach, justin@thoeledrach.com;amanda@thoeledrach.com;courtney@thoeledrach.com, 7545 Centurion Parkway, Suite 303, Jacksonville, FL 32256, (904) 600-4384/(904) 306-1355 (F), Attorney for Plaintiffs, Ashley Akin, Scott A. Akin and Stacey Akin, Kathryn M. Oughton, Esq., Boyd & Jenerette, P.A., efiling@boydjen.com;koughton@boydjen.com;adodd@boydjen.com;dhohmann@boydj en.com;cmccaskill@boydjen.com, 201 North Hogan Street, Suite 400, Jacksonville, FL 32202, (904) 353-624 1/(904) 493-3739 (F), Attorney for Defendant, Rasier-DC, LLC a/k/a Uber Technologies, Inc., Amanda Thoele, Esq., Thoele Drach, justin@thoeledrach.com;amanda@thoeledrach.com;courtney@thoeldrach.com, 7545 Centurion Parkway, Suite 303, Jacksonville, FL 32256, (904) 233-1555/(604) 306-1355 (F), Attorney for Plaintiffs, Ashley Akin, Stacey Akin and Scott A. Akin. COLE, SCOTT, KISSANE, P.A. Counsel for Defendant STEVEN WEBSTER, GERARD WEBSTER,JR. 4190 Belfort Road, Suite 300 Jacksonville, Florida 32216-1461 Telephone (904) 672-4099 Facsimile (904) 672-4050 Primary e-mail: trevor.hawes@csklegal.com; brandi.stevens@csklegal.com Alternate e-mail: hannah.emerson@csklegal.com; kimberly.dodgen@csklegal.com; tammy.lewis@csklegal.com By s/Brea L. Dearing TREVOR G. HAWES Florida Bar No.: 521531 BREA L. DEARING Florida Bar No.: 124341 0781.0525-00