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Filing # 191947775 E-Filed 02/14/2024 01:11:16 PM
IN THE CIRCUIT COURT
OF THE TENTH JUDICIAL CIRCUIT
IN AND FOR HIGHLANDS COUNTY, FLORIDA
CASE NO.
BENJAMIN T. SMITHER,
Plaintiff,
-vs-
AVM TRANSPORTATION SERVICES,
LLC, JOSE F. SEPULVEDA, AND
PROGRESSIVE SELECT INSURANCE
COMPANY,
Defendants.
/
NOTICE OF SERVING INTERROGATORIES
TO DEFENDANT, AVM TRANSPORTATION SERVICES, LLC
PURSUANT TO Rule 1.340, Florida Rules of Civil Procedure, you are required to answer
the following Interrogatories in writing and under oath within forty-five (45) days from the date of
service.
I HEREBY CERTIFY that an original and one copy of the Interrogatories numbered one
(1) through twenty-five (25) have been furnished to Defendant together with the Summons and
Complaint.
/s/ Will D. Bates
Will D. Bates, Esquire
FBN 1007880
Morgan & Morgan, P.A.
20N. Orange Avenue, Suite 1600
Orlando, FL 32801
Telephone: (407) 420-1414
Facsimile: (407) 204-2114
Primary Email: WBates@forthepeople.com
Secondary email: MGonzalez@forthepeople.com;
CPerry@forthepeople.com
Electronically Filed Highlands Case # 24000055GCAXMX 02/14/2024 01:11:16 PM
Attorneys for Plaintiff
IN THE CIRCUIT COURT
OF THE TENTH JUDICIAL CIRCUIT
IN AND FOR HIGHLANDS COUNTY, FLORIDA
CASE NO.
BENJAMIN T. SMITHER,
Plaintiff,
-vs-
AVM TRANSPORTATION SERVICES,
LLC, JOSE F. SEPULVEDA, AND
PROGRESSIVE SELECT INSURANCE
COMPANY,
Defendants.
/
INTERROGATORIES TO DEFENDANT, AVM TRANSPORTATION SERVICES, LLC
1 What is the name and address of the person answering these interrogatories, and, if applicable, the
person’s official position or relationship with the party to whom the interrogatories are directed.
2. Identify the following company employees as of date of the Subject Incident and presently: Safety
Director/Chief Safety Officer; person responsible for training the Defendant Driver; person responsible
for compliance of Defendant Driver and trucking company to applicable state and federal laws and
regulations; and supervisor of Defendant Driver.
If your company performs hours of service log audits, explain what is entailed in the auditing process,
identify who performs the audits (in-house or outsourced), and, identify when, if ever, Defendant Driver's
logs were audited.
For each claim (formal or informal) and lawsuit wherein it is/was suggested or alleged that any person
was injured or killed as a result of your company's driver's actions in the past three years, provide the style
of the case (or name of parties, jurisdiction, and case number), and describe briefly the circumstances of each
suit/claim and the disposition.
Describe in detail the relationship between your company and Defendant Driver at the time of the
Subject Incident (e.g., lease operator, company driver, owner-operator, temporary driver, etc.); identify
when your company’s relationship with Defendant Driver began and ended; and describe how the
Defendant Driver was paid at the time of the Subject Incident (by hour, by load, by mile, salary or other).
Was the Defendant Driver acting within the course and scope of his employment or agency at the time
of the Subject Incident? If not, explain the basis for your contention and identify documents and witnesses
that support your contention.
At the time of the incident described in the complaint, was the defendant driver engaged in any
mission or activity for any other person or entity, including any employer? If so, state the name
address of that person or entity and the nature of the mission or activity.
State whether you have knowledge of any traffic violations or hours of service violations committed by
Defendant Driver, either while in your employ or in previous employment. If so, state what information
you have in that regard.
9. For each motor vehicle collision/accident involving Defendant Driver of which you are aware, provide
the collision/accident date, location, jurisdiction, names of other parties involved and a brief description of
what happened.
10. If Defendant Driver had ever been disqualified from driving a commercial motor vehicle while in
your employ, please describe when and under what circumstances.
ll Identify and explain all communications of any kind between Defendant Driver and anyone acting for
or on behalf of your company during the 24 hours before and 1 hour afier the Subject Incident. For each
communication, identify the method of communication (cell phone, Qualcomm, other), time of
communication, persons involved, and the general subject.
12 With respect to the tractor operated by Defendant Driver at the time of the Subject Incident, provide
the following information:
a. Identify the registered owner, mileage, and gross weight at the time of the Subject
Incident; and
b, State the manufacturer, identification number, model number, and year of the ENGINE
in the tractor.
13 List the name and address of all persons, corporations, or entities who were registered title
owners or who had ownership interest in, or right to control, the tractor that the Defendant
Driver was driving at the time of the Subject Incident; and describe both the nature of the
ownership interest or right to control the vehicle.
14. With respect to the trailer operated by Defendant Driver at the time of the Subject Incident,
provide the following information:
a Identify the registered owner, mileage, and gross weight at the time of the
Subject Incident; and
b. State the manufacturer, make, model number, and year of manufacture of the
trailer.
15. List the name and address of all persons, corporations, or entities who were registered title
owners or who had ownership interest in, or right to control, the ¢railer that the Defendant
Driver was hauling at the time of the Subject Incident; and describe both the nature of the
ownership interest or right to control the trailer.
16. With respect to the trip that Defendant Driver was on at the time of the Subject Incident, provide
the following information:
a. Identify where and when (date and time) Defendant Driver picked up the load he had
at the time of the Subject Incident.
b Identify where (name and address of location) and when (date and time) the load
was to be delivered.
Identify the location, time, duration, and reason for each stop Defendant Driver made
from the time he or she picked up the load until the time of the Subject Incident; and
Identify the route Defendant Driver intended to follow from the point of origin to the
point of destination.
17. If the tractor involved in the Subject Incident contained or utilized any system or device that
monitors, records, and/or transmits any vehicle operation/usage data or that allows for the
capture of any such data: (a) identify each system and device; (b) state whether the data for
the time period surrounding the Subject Incident has been preserved and how it has been
preserved; and (c) identify the person who has custody of the data and of the system from
which the data was acquired.
Note: The systems and devices to which this Interrogatory is addressed, include, but are not
limited to: any Qualcomm, TransCore, SkyBitz, Fluensee, Fleetilla, Teletrac, Lat-Lon,
Telogis, GeoLogic, Cheetah, Xata, PeopleNet or any Electronic On Board Recorder (EOBR);
any collision or lane departure warning system (e.g., Eaton Vorad); any driver safety
monitoring or hours of service monitoring system; any transponders or tachographs; any on-
board cameras or video devices; any bar code or toll pass systems; and any other tracking
system, logging unit, trip monitor, trip recorder, GPS system, satellite systems, or cellular
systems.
18 If the trailer involved in the Subject Incident contained or utilized any system or device that
monitors, records, and/or transmits any vehicle operation/usage data or that allows for the
capture of any such data: (a) identify each system and device; (b) state whether the data for
the time period surrounding the Subject Incident has been preserved and how it has been
preserved; and (c) identify the person who has custody of the data and of the system from
which the data was acquired.
Note: The systems and devices to which this Interrogatory is addressed, include, but are not
limited to: any Qualcomm, TransCore, SkyBitz, Fluensee, Fleetilla, Teletrac, Lat-Lon, Telogis,
GeoLogic, Cheetah, Xata, PeopleNet or any EOBR, any collision or lane departure warning system
(e.g, Eaton Vorad); any driver safety monitoring or hours of service monitoring system; any
transponders or tachographs; any onboard cameras or video devices; any bar code or toll pass
systems; and any other tracking system, logging unit, trip monitor, trip recorder, GPS system,
satellite systems, or cellular systems.
19. If the tractor involved in the Subject Incident contained or utilized any system or device that allowed
for communication between the driver and any other person or entity please identify each system and
device, state whether the data for the time period surrounding the Subject Incident has been
preserved, and identify the person who has custody of the data and of the system from which the
data was acquired.
20. If the tractor or trailer involved in the Subject Incident contained or utilized any "black box" type
device such as an Engine Control Module (ECM), Event Data Recorder (EDR), Airbag Control
Module, and/ or any other such device, please identify each device, state whether the data for the
time period surrounding the Subject Incident has been preserved and/or downloaded, and if so, identify
who performed the download and when the download was performed
21 If you maintain that the FMCSRs did not apply to Defendant Driver at the time of the Subject
Incident, explain the basis for your contention and identify all facts, witnesses, and documents that
support your contention.
22 Identify all person(s) who, to your knowledge, have or may have any relevant information
regarding: the Subject incident, the facts leading up to the Subject Incident, the investigation
of the Subject Incident, any party to this action, any vehicles involved in the Subject Incident,
and/or any claims or defenses raised in this action. The purpose of this Interrogatory is to
identify all witnesses whom your company believes may have relevant testimony of any kind
in connection with this case.
23 Identify all persons who to your knowledge have given a statement in any form (written, oral,
recorded, or otherwise) in connection with the investigation of the Subject Incident, the plaintiff
and/or her medical care, and/or any facts or circumstances relevant to this litigation. For each
person identified, provide the date and time of the statement, identify to whom the statement was made
and who was present when the statement was made, identify whether the statement was written, oral,
recorded, and/or transcribed, and identify all persons presently having custody of the statement.
24. Please state whether any drug and/or alcohol tests (blood, urine or otherwise) were performed on
Defendant Driver after the Subject Incident occurred. If so, please state the time at which the test was admin-
istered, the name, address and phone number of the persons, firms, or entities who administered said test(s) and
all such persons, firms, or entities in possession of a copy of the results of said test(s).
25. If you maintain that any non-party has any responsibility of any kind for causing the Subject Incident, and
/or for causing any of the damages alleged in the complaint, identify each such person and or entity, describe
in detail the basis for their responsibility and identify all person(s) who have any knowledge regarding
this issue.
SIGNATURE PAGE
STATE OF
COUNTY OF
Before me the undersigned officer, authorized to administer oaths and take acknowledgments,
personally appeared s who after being duly sworn,
deposes and says: That the answers to the above and foregoing Interrogatories are true and correct to
the best of knowledge and belief.
Signature of Defendant
SWORN TO AND SUBSCRIBED before me this ___ day of . 2024.
Notary Public (signature)
Notary Public (type, print stamp commission)
My Commission Expires:
a Personally Known OR
a Produced Identification
a Type of Identification Produced:
Preview
Filing # 191947775 E-Filed 02/14/2024 01:11:16 PM IN THE CIRCUIT COURT OF THE TENTH JUDICIAL CIRCUIT IN AND FOR HIGHLANDS COUNTY, FLORIDA CASE NO. BENJAMIN T. SMITHER, Plaintiff, -vs- AVM TRANSPORTATION SERVICES, LLC, JOSE F. SEPULVEDA, AND PROGRESSIVE SELECT INSURANCE COMPANY, Defendants. / NOTICE OF SERVING INTERROGATORIES TO DEFENDANT, AVM TRANSPORTATION SERVICES, LLC PURSUANT TO Rule 1.340, Florida Rules of Civil Procedure, you are required to answer the following Interrogatories in writing and under oath within forty-five (45) days from the date of service. I HEREBY CERTIFY that an original and one copy of the Interrogatories numbered one (1) through twenty-five (25) have been furnished to Defendant together with the Summons and Complaint. /s/ Will D. Bates Will D. Bates, Esquire FBN 1007880 Morgan & Morgan, P.A. 20N. Orange Avenue, Suite 1600 Orlando, FL 32801 Telephone: (407) 420-1414 Facsimile: (407) 204-2114 Primary Email: WBates@forthepeople.com Secondary email: MGonzalez@forthepeople.com; CPerry@forthepeople.com Electronically Filed Highlands Case # 24000055GCAXMX 02/14/2024 01:11:16 PM Attorneys for Plaintiff IN THE CIRCUIT COURT OF THE TENTH JUDICIAL CIRCUIT IN AND FOR HIGHLANDS COUNTY, FLORIDA CASE NO. BENJAMIN T. SMITHER, Plaintiff, -vs- AVM TRANSPORTATION SERVICES, LLC, JOSE F. SEPULVEDA, AND PROGRESSIVE SELECT INSURANCE COMPANY, Defendants. / INTERROGATORIES TO DEFENDANT, AVM TRANSPORTATION SERVICES, LLC 1 What is the name and address of the person answering these interrogatories, and, if applicable, the person’s official position or relationship with the party to whom the interrogatories are directed. 2. Identify the following company employees as of date of the Subject Incident and presently: Safety Director/Chief Safety Officer; person responsible for training the Defendant Driver; person responsible for compliance of Defendant Driver and trucking company to applicable state and federal laws and regulations; and supervisor of Defendant Driver. If your company performs hours of service log audits, explain what is entailed in the auditing process, identify who performs the audits (in-house or outsourced), and, identify when, if ever, Defendant Driver's logs were audited. For each claim (formal or informal) and lawsuit wherein it is/was suggested or alleged that any person was injured or killed as a result of your company's driver's actions in the past three years, provide the style of the case (or name of parties, jurisdiction, and case number), and describe briefly the circumstances of each suit/claim and the disposition. Describe in detail the relationship between your company and Defendant Driver at the time of the Subject Incident (e.g., lease operator, company driver, owner-operator, temporary driver, etc.); identify when your company’s relationship with Defendant Driver began and ended; and describe how the Defendant Driver was paid at the time of the Subject Incident (by hour, by load, by mile, salary or other). Was the Defendant Driver acting within the course and scope of his employment or agency at the time of the Subject Incident? If not, explain the basis for your contention and identify documents and witnesses that support your contention. At the time of the incident described in the complaint, was the defendant driver engaged in any mission or activity for any other person or entity, including any employer? If so, state the name address of that person or entity and the nature of the mission or activity. State whether you have knowledge of any traffic violations or hours of service violations committed by Defendant Driver, either while in your employ or in previous employment. If so, state what information you have in that regard. 9. For each motor vehicle collision/accident involving Defendant Driver of which you are aware, provide the collision/accident date, location, jurisdiction, names of other parties involved and a brief description of what happened. 10. If Defendant Driver had ever been disqualified from driving a commercial motor vehicle while in your employ, please describe when and under what circumstances. ll Identify and explain all communications of any kind between Defendant Driver and anyone acting for or on behalf of your company during the 24 hours before and 1 hour afier the Subject Incident. For each communication, identify the method of communication (cell phone, Qualcomm, other), time of communication, persons involved, and the general subject. 12 With respect to the tractor operated by Defendant Driver at the time of the Subject Incident, provide the following information: a. Identify the registered owner, mileage, and gross weight at the time of the Subject Incident; and b, State the manufacturer, identification number, model number, and year of the ENGINE in the tractor. 13 List the name and address of all persons, corporations, or entities who were registered title owners or who had ownership interest in, or right to control, the tractor that the Defendant Driver was driving at the time of the Subject Incident; and describe both the nature of the ownership interest or right to control the vehicle. 14. With respect to the trailer operated by Defendant Driver at the time of the Subject Incident, provide the following information: a Identify the registered owner, mileage, and gross weight at the time of the Subject Incident; and b. State the manufacturer, make, model number, and year of manufacture of the trailer. 15. List the name and address of all persons, corporations, or entities who were registered title owners or who had ownership interest in, or right to control, the ¢railer that the Defendant Driver was hauling at the time of the Subject Incident; and describe both the nature of the ownership interest or right to control the trailer. 16. With respect to the trip that Defendant Driver was on at the time of the Subject Incident, provide the following information: a. Identify where and when (date and time) Defendant Driver picked up the load he had at the time of the Subject Incident. b Identify where (name and address of location) and when (date and time) the load was to be delivered. Identify the location, time, duration, and reason for each stop Defendant Driver made from the time he or she picked up the load until the time of the Subject Incident; and Identify the route Defendant Driver intended to follow from the point of origin to the point of destination. 17. If the tractor involved in the Subject Incident contained or utilized any system or device that monitors, records, and/or transmits any vehicle operation/usage data or that allows for the capture of any such data: (a) identify each system and device; (b) state whether the data for the time period surrounding the Subject Incident has been preserved and how it has been preserved; and (c) identify the person who has custody of the data and of the system from which the data was acquired. Note: The systems and devices to which this Interrogatory is addressed, include, but are not limited to: any Qualcomm, TransCore, SkyBitz, Fluensee, Fleetilla, Teletrac, Lat-Lon, Telogis, GeoLogic, Cheetah, Xata, PeopleNet or any Electronic On Board Recorder (EOBR); any collision or lane departure warning system (e.g., Eaton Vorad); any driver safety monitoring or hours of service monitoring system; any transponders or tachographs; any on- board cameras or video devices; any bar code or toll pass systems; and any other tracking system, logging unit, trip monitor, trip recorder, GPS system, satellite systems, or cellular systems. 18 If the trailer involved in the Subject Incident contained or utilized any system or device that monitors, records, and/or transmits any vehicle operation/usage data or that allows for the capture of any such data: (a) identify each system and device; (b) state whether the data for the time period surrounding the Subject Incident has been preserved and how it has been preserved; and (c) identify the person who has custody of the data and of the system from which the data was acquired. Note: The systems and devices to which this Interrogatory is addressed, include, but are not limited to: any Qualcomm, TransCore, SkyBitz, Fluensee, Fleetilla, Teletrac, Lat-Lon, Telogis, GeoLogic, Cheetah, Xata, PeopleNet or any EOBR, any collision or lane departure warning system (e.g, Eaton Vorad); any driver safety monitoring or hours of service monitoring system; any transponders or tachographs; any onboard cameras or video devices; any bar code or toll pass systems; and any other tracking system, logging unit, trip monitor, trip recorder, GPS system, satellite systems, or cellular systems. 19. If the tractor involved in the Subject Incident contained or utilized any system or device that allowed for communication between the driver and any other person or entity please identify each system and device, state whether the data for the time period surrounding the Subject Incident has been preserved, and identify the person who has custody of the data and of the system from which the data was acquired. 20. If the tractor or trailer involved in the Subject Incident contained or utilized any "black box" type device such as an Engine Control Module (ECM), Event Data Recorder (EDR), Airbag Control Module, and/ or any other such device, please identify each device, state whether the data for the time period surrounding the Subject Incident has been preserved and/or downloaded, and if so, identify who performed the download and when the download was performed 21 If you maintain that the FMCSRs did not apply to Defendant Driver at the time of the Subject Incident, explain the basis for your contention and identify all facts, witnesses, and documents that support your contention. 22 Identify all person(s) who, to your knowledge, have or may have any relevant information regarding: the Subject incident, the facts leading up to the Subject Incident, the investigation of the Subject Incident, any party to this action, any vehicles involved in the Subject Incident, and/or any claims or defenses raised in this action. The purpose of this Interrogatory is to identify all witnesses whom your company believes may have relevant testimony of any kind in connection with this case. 23 Identify all persons who to your knowledge have given a statement in any form (written, oral, recorded, or otherwise) in connection with the investigation of the Subject Incident, the plaintiff and/or her medical care, and/or any facts or circumstances relevant to this litigation. For each person identified, provide the date and time of the statement, identify to whom the statement was made and who was present when the statement was made, identify whether the statement was written, oral, recorded, and/or transcribed, and identify all persons presently having custody of the statement. 24. Please state whether any drug and/or alcohol tests (blood, urine or otherwise) were performed on Defendant Driver after the Subject Incident occurred. If so, please state the time at which the test was admin- istered, the name, address and phone number of the persons, firms, or entities who administered said test(s) and all such persons, firms, or entities in possession of a copy of the results of said test(s). 25. If you maintain that any non-party has any responsibility of any kind for causing the Subject Incident, and /or for causing any of the damages alleged in the complaint, identify each such person and or entity, describe in detail the basis for their responsibility and identify all person(s) who have any knowledge regarding this issue. SIGNATURE PAGE STATE OF COUNTY OF Before me the undersigned officer, authorized to administer oaths and take acknowledgments, personally appeared s who after being duly sworn, deposes and says: That the answers to the above and foregoing Interrogatories are true and correct to the best of knowledge and belief. Signature of Defendant SWORN TO AND SUBSCRIBED before me this ___ day of . 2024. Notary Public (signature) Notary Public (type, print stamp commission) My Commission Expires: a Personally Known OR a Produced Identification a Type of Identification Produced: