Request,Application: Wisdom, Emile George vs Baker, Demetrius Charles

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                                Filing # 201189670 E-Filed 06/24/2024 01:44:13 PM


                      IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT,
                             IN AND FOR HILLSBOUROUGH COUNTY, FLORIDA

             EMILE GEORGE WISDOM, an individual,

                     Plaintiff,                                           CASE NO.:
                                                                          DIVISION:
             v.

             DEMETRIUS CHARLES BAKER, an individual,
             and BRENNTAG MED-SOUTH, INC., a Foreign
             Profit Corporation,

                     Defendants


             _________________________________/


                             MOTION FOR INSPECTION OF DEFENDANTS’ VEHICLE

                  COMES NOW, Plaintiff, Emile Wisdom, by and through the undersigned counsel and files

             this Motion for Inspection of Defendants’ Vehicle, and states as follows:

                  1. This lawsuit arises out of a motor vehicle accident that occurred on April 1, 2024.

                  2. Defendant, Demetrius Baker was operating a semi-truck under his employment and for

                     the benefit of Defendant, Brenntag Med-South, Inc.

                  3. Demetrius Baker, operated the vehicle the aforementioned semi-truck in a manner which

                     caused a motor vehicle collision.

                  4. Specifically, for evidence preservation purposes Plaintiff is requesting to photograph,

                     measure, and download the event data recorder information from the semi-truck’s black

                     box. The black box event data recorder is a memory chip that records continuous

                     information flowing from the vehicle’s sensors and control modules. When a motor

                     vehicle accident occurs, the EDR captures data before and after the accident.




6/24/2024 1:44 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 1
                5. The event data recorder includes information on how fast the Defendants’ vehicle was

                    moving, when the brakes were applied, the timing of the airbag deployment. The data

                    can only be accessed by connecting a special reader to the vehicle.

                6. Plaintiff has requested an inspection of the subject vehicle and a data download prior to

                    this lawsuit being initiated and has not been able to accomplish the same.

                7. Plaintiff is respectfully requesting this Honorable Court enter an order allowing

                    inspection of the subject semi-truck and allowing Plaintiff to have a representative

                    download the black box data to preserve it for use later on this matter if necessary. Said

                    discovery will not result in any destructive testing but may require connecting to the

                    subject vehicle for data and power purposes.

                8. The failure to allow an inspection of the subject vehicle defeats, impedes, impairs, and

                    prejudices the rights of the Plaintiff in this action.

                WHEREFORE, Plaintiff, Emilie Wisdom, respectfully requests this Honorable Court enter

             an order Granting This Motion to Inspect Defendants’ Vehicle.

                                              CERTIFICATE OF SERVICE

                     I CERTIFY a copy of the forgoing will be properly served upon each named Defendant
             by a private process server.

                                                                    FARAH & FARAH, P.A.

                                                                    /s/ Alec L. Weber
                                                                    Alec L. Weber
                                                                    Florida Bar No.: 84781
                                                                    800 N Magnolia Ave, Suite 105
                                                                    Orlando, FL 32803
                                                                    Telephone and Facsimile: (407) 329-5054
                                                                    Primary:
                                                                    LitigationORL@farahandfarah.com
                                                                    Secondary: aweber@farahandfarah.com
                                                                    Additional: bprieto@farahandfarah.com
                                                                    ATTORNEY FOR PLAINTIFF




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