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Filing # 130931119 E-Filed 07/19/2021 01:54:36 PM
SIA-35360F /:LCG
IN THE CIRCUIT COURT OF THE TWENTIETH
JUDICIAL CIRCUIT IN AND FOR CHARLOTTE
COUNTY, FLORIDA
CASE NO.: 21-CA-410
VENISSA DRIGGERS, as Personal
Representative of the Estate of David B. Flick,
Deceased,
Plaintiff(s),
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 TG! FRIDAYS, and JACKMONT
HOSPITALITY, INC. d/b/a TGI FRIDAYS,
Defendant(s).
a /
DEFENDANT'S, BWR NORTH PORT, LLC d/b/a BUFFALO WINGS AND RINGS FIRST REQUEST
TO PRODUCE TO PLAINTIFF
DEFINITIONS AND INSTRUCTIONS
As hereafter used, the following terms shall have the following definitions;
A. Plaintiff. Any named Plaintiff; and if other than a natural person, the wholly owned or partly
owned subsidiaries, divisions, affiliated companies and predecessors in business of any
named Plaintiff; any shareholders, directors, officers, employees, agents, accounts,
attorneys, advisors, adjusters, insurers, insurance companies, representatives, nominees, or
other person(s) (as hereinafter defined) who are acting or have acted on behalf of any
named Plaintiff.
B. Defendant: Any named Defendant; and if other than a natural person, and the wholly
owned or partly owned subsidiaries, divisions, affiliated companies and predecessors inCase No.: 21-CA-410
Page 2
business of any named Defendant; any shareholders, directors, officers, employees, agents,
accountants, attorneys, associates, adjusters, insurers, insurance companies,
representatives, nominees, or other persons (as hereinafter defined) who are acting or have
acted on behalf of any named Defendant.
C. Person: Any individual, firm, partnership, corporation, proprietorship, joint venture,
association, and any foreign, federal, state, county or municipal governmental body or any
department, division agency thereof, or any other organization or entity.
D. The terms "Documents" and "Writings" shall mean, without limitation, or exception, any and
all kinds of written, typewritten, stenographic, printed, computer or other generated or
stored data, recorded or other graphic matters of any kind, and all other data compilations
from which information can be obtained and translated if necessary, however produced or
reproduced, whether retained separately or in files, including the original and any and all
drafts, amendment, modifications, revisions, reproductions, duplicates, and copies, and
including but not limited to the following:
1. "Accounting Records" which include book of account, journals, ledgers, financial
statements, income tax returns, profit and loss statements, balance sheets, accounting
statements, accounting records, computer stored data and printouts, bank statements, deposit
receipts, checkbooks, check stubs, checks, magnetic disks or tapes, and other similar
documents;
2. "Correspondence" which includes any and all correspondence, letters, notes,
memoranda, telexes, tele copier or facsimile transmissions, emails, electronic text messages,
telegrams, wires, cables, messages, telephone messages, memos, reports, files, records and
other inter and intra-office communications. and other similar documents;
3. "Drawings" include blueprints, drawings, sketches, plans, designs, maps, tables, charts,
graphs, drafts, notes, diagrams, site plans, surveys, plot plans, and other similar documents,
regardless of whether in electronic media or hardcopy.
4. "Insurance Policies" include applications, requests. binders, proposals, policies, cover
notes, declarations, endorsements, certificates, claims, and proofs of losses, releases,
assignments, satisfactions, loan receipts, subrogation receipts and other similar documents.
5. "Medical Records" include any and all files, records, reports, notes, charts, statements,
opinions, diagnoses, letters, comments, memoranda, questionnaires admission notes,
discharge summaries, operative reports, orders, letters, tests, analyses, x-rays, MRI's, CT scans,
diagnostic and radiographic studies, videotapes, photographs, bills, invoices, statements, and
all other documents which are issued, rendered, maintained, written, prepared, performed,
and/or recorded by any doctor, hospital, clinic, rescue service, laboratory, nurse, therapist,
rehabilitation, pharmacist, dentist, radiologist, chiropractor, psychiatrist, psychologist, and/or
other health care provider.
6. "Photographs" include photographs, pictures, negatives, phone-records, tape
recordings videotapes, movies, slides, and other similar documents, regardless of whether in
electronic media or hardcopy;Case No.: 21-CA-410
Page 3
7. “Standards include standards, instructions, directives, procedures, specifications,
brochures, rules, regulations, advisories, recommendations, programs, guidelines, catalogues,
warnings, labels, statements, supplements, advertisements, governmental standards, building
codes, fire codes, ordinances, statutes, laws recognized standards in the industry, and other
similar documents.
8. "Statements" include the signed and unsigned handwritten, typewritten, tape recorded,
videotaped, stenographic, transcribed or other recorded statement or communications given
by any person and other similar documents.
9. “Surveys” or "Surveyed" include any surveys, tests, inspections, reviews, examinations,
recommendations, evaluations, opinions, analyses, studies, and/or other similar documents
concerning, relating and/or pertaining to the maintenance, operation, use, or condition of the
subject location where the subject accident occurred;
E. "Health Care Provider" includes any and all doctors, hospitals, clinics, rescue services,
laboratories, nurses, therapists, rehabilitations, pharmacists, dentists, radiologists,
technicians, chiropractors, podiatrists, psychiatrists, psychologists, and/or any other persons
who have examined, tested, or otherwise provided any medical treatment or care to the
Plaintiff.
"Subject Accident" includes the incident alleged in Plaintiffs’ Complaint.
G. "Subject Location" includes the area where the Plaintiff claims the incident alleged in the
Complaint occurred.
H. The term "maintenance" includes, but is not limited to, the maintenance, inspection, repair,
refurbishing, rebuilding, fabrication, alteration, renovation, modification, removal, care,
custody and/or control of the Subject Location.
|. When requested to "describe" any document, state the date of the document, the name,
address and telephone number of the author of the document, the contents of the
document, and the name, address and telephone number of the recipient of the document.
Alternatively, copies of the documents may be attached to any answer or other response-
given, designating the particular interrogatory or request to which the document refers.
TIME PERIOD
m
Unless otherwise specified in a particular document production request or
interrogatory, the period of time to which these interrogatories or document production
requests apply is from the period of THREE (3) YEARS immediately preceding the date of the
incident alleged in the Complaint, or any amendment thereto, until the date that any answers
are other response is served to the document production requests or interrogatories.
PRIVILEGED OR PROPRIETARY MATTER
If you object to any part of any request or interrogatory, please specify that part to
which you object and the grounds for the objection. If you claim that any request or
interrogatory calls for the production of documents or the furnishing of information which youCase No.: 21-CA-410
Page 4
claim constitute proprietary information, work product or are otherwise privileged, please
identify in writing each document withheld, its maker, and the specific reasons for withholding
the document or furnishing the information.
DOCUMENTS NO LONGER IN YOUR POSSESSION, CUSTODY OR CONTROL
If any request seeks the identification or production of documents which are known to
have previously existed, and were within your possession, custody or control at any time during
the time period covered by these requests, but are not now in your possession, custody or
control, then, with respect to each such document, please describe the document; the date or
approximate date when the document ceased to be in your possession, custody or control; the
reason why the document is no longer in your possession, custody or control; and the names,
addresses and telephone numbers of persons having knowledge of the contents of the
document.
REQUESTS
Defendant, BWR North Port, LLC ("BWR"), pursuant to Fla. R. Civ. P. 1.350, requests that
Plaintiff, VENISSA DRIGGERS as Personal Representative of the Estate of DAVID FLICK,
deceased, produce and permit Defendant to inspect and photograph the following:
1. Any and all written and/or recorded statements or other written evidence that tends to
prove MARK BARCIA was habitually addicted to alcohol at the time of the incident
described in the Complaint.
2. Any and all written and/or recorded statements, or other written evidence that tends to
prove BWR, its employees, representatives, and/or agents should have or could have
known that MARK BARCIA was a habitual drunkard prior to the subject accident.Case No.: 21-CA-410
Page 5
. Any and all documents that tend to prove that MARK BARCIA frequented the BWR's
business and/or was a regular customer of the business at issue prior to the subject
accident.
. Any and all documents that tend to prove the amount of money MARK BARCIA spent
while a customer of BWR’s business prior to the incident.
. Any and all documents that tend to prove the amount of alcohol MARK BARCIA drank
while a customer at BWR's business on the day of the incident complained of and on
all other prior occasions.
. Any and all receipts, invoices, credit card slips, credit card statements, debit card slips,
debit card statements, and/or other documents evidencing payments made by, for, or
on behalf of MARK BARCIA to any tavern, restaurant, liquor store, or other
establishment where alcoholic beverages are sold on the date of the incident.
. Any and all reports and records of any physician or other provider for any treatment to
MARK BARCIA, in the ten (10) years prior to the subject incident, including but not
limited to any medical, psychological, psychiatric or counseling records pertaining to
alcohol and/or substance abuse.
. Any and all documents that contain any information at all regarding any of Defendant,
MARK BARCIA’S drinking habits or spending habits for alcohol and/or drugs prior to
the subject accident.
. Any documents supporting the allegations raised in your Complaint.15.
. Any an
. Any and
. Any and
Case No.: 21-CA-410
Page 6
all documents referenced in your Answers to BWR's First Set of Interrogatories.
Any documents reflecting the Blood Alcohol Content\levels and/or drugs in MARK
BARCIA’s system on the date of the incident.
. Any documents reflecting the Blood Alcohol Content\levels and/or drugs in the
decedent's, DAVID FLICK, system on the date of the incident.
. Any and all clinical records pertaining to medical examinations or treatments
administered to the Decedent, if any, because of the incident involved in this lawsuit.
. Any and all clinical records pertaining to medical examinations or treatments
administered to the Defendant, MARK BARCIA, if any, because of the incident involved
in this lawsuit.
Any and all medical reports prepared by the Decedent's treating and examining
physicians relating to injuries or conditions allegedly caused by the incident at issue in
this lawsuit.
. Any and all medical bills, if any, incurred because of the incident at issue in this lawsuit.
. Any and all documents reflecting funeral expenses, and all other expenses not related
to medical care, incurred because of the incident at issue in this matter.
in effect
all professional, technical or occupational licenses of decedent, DAVID FLICK,
on the date of the accident described in the Complaint.
all non-privileged statements of witnesses relating to facts or issues involved
in this lawsuit.Case No.: 21-CA-410
Page 7
20. Any and all photographs depicting Decedent's injuries sustained in the incident at issue
in this matter.
21. All photographs, charts, diagrams, documents, and other physical evidence that
Plaintiffs intend to use at the time of trial.
22. Any and all reports pertaining to any issues involved in this lawsuit of any expert witness
who will testify at trial.
23. A copy of the death certificate or other document reflecting the date, place, time,
manner and cause of death of the decedent, DAVID FLICK, prepared by any hospital,
physician or governmental agency.
24. A copy of any autopsy report prepared with regard to the
25. Any and all documents that set
past-lost support.
26. Any and all documents that set
future-lost support.
27. Any and all documents that set
past-lost services.
28. Any and all documents that set
uture-lost services.
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Page 8
29, Any and all statements (written or recorded), correspondence, depositions or other
materials authorized by any of the Defendants or any of their agents or employees,
which are in your possession.
30. Any and all non-medical expert reports or summaries in your possession pertaining to
the allegations in your Complaint for individuals who are anticipated to testify at time
of trial.
31. Any and all degrees, certificates or documentation reflecting any training, education, or
schooling, obtained by decedent, DAVID FLICK, whether technical or general.
32. A complete list of all assets of the decedent, DAVID FLICK, as of the time of his death,
including, but not limited to real property, personal property, checking accounts,
savings accounts, trust funds, certificates of deposit (with names and addresses of
institutions and account numbers), stocks (identifying them with particularity, and shares
owned), bonds, mutual funds (identifying them with particularity and amounts), cash
and other financial holdings (identified with particularity).
33. A copy of any any and all passbooks, bank statements, certificates of deposit, stock
certificates, bonds, motor vehicle titles and registrations, watercraft titles and
registrations, aircraft titles and registrations, and/or real property deeds owned by the
decedent, DAVID FLICK, as of the time of his death.
34. A copy of all cancelled checks which would support any survivor's claims for loss of
support.Case No.: 21-CA-410
Page 9
35. A copy of any and all documents which would support the estate’s claim for loss of net
accumulations.
36. A complete copy of any policies of insurance, including life insurance, accident, health
or disability policies, which paid any benefits in connection with the incident which is
the subject of the instant litigation, and any receipts, correspondence, proof of loss
forms, cancelled checks, applications, or other documentation concerning the payment
or potential payment of benefits pursuant to said policies.
37. Copies of any correspondence received from any insurance company described in the
paragraph above, denying or paying any claims submitted by Plaintiff as a result of the
incident which is the subject of this litigation, and copies of all documents concerning
indemnification, payment and/or reimbursement in whole or in part, which Plaintiff
and/or decedent has received from collateral sources, including but not limited to, life
or accident insurance, social security, employee benefit programs, pension, profit
sharing or deferred employee compensation, etc., for the cost of medical care, custody
care, rehabilitation services, loss of earnings and other economic loss which Plaintiff is
claiming as a result of the incident described in the Complaint ("subject incident’).
38. A copy of the federal tax records, tax returns, and tax certificates filed on behalf of the
estate of the decedent, DAVID FLICK.Case No.: 21-CA-410
Page 10
39. A list of the complete names and addresses of any and all survivor's of the decedent,
DAVID FLICK, who are claiming any damages in the instant lawsuit, together with their
date(s) of birth and social security number(s).
40. Copies of any and all pleadings filed to date in the probate proceedings of the Estate
of the decedent, DAVID FLICK, including but not limited to the letters of administration,
schedules of assets and/or liabilities of the estate, lists of creditors and beneficiaries and
appraisals of all real or personal property of the estate.
41. Any and all reports of post-mortem examinations, photographic copies of any
pathological slides, tissue samples, blood tests and drug tests taken of or performed on
the decedent, DAVID FLICK, following the incident in question.
42. Personal federal income tax returns filed by the decedent, DAVID FLICK, or copies
thereof, for the five (5) years prior to the incident alleged in the Complaint.
43. Internal Revenue Service (IRS) 1099, and W-2 forms, financial statements, Partnership
Tax Returns, Subchapter S Tax Returns and any other business or personal records
reflecting income of the decedent, DAVID FLICK, for the five (5) years prior to the
incident alleged in the Complaint, which can be obtained from the Internal Revenue
Service by filing Form 4506, 8821, or in the alternative, a signed and completed Form
4506 and Form 8821 that are attached hereto, so that Defendant can obtain same and
provide Plaintiff with a copy.Case No.: 21-CA-410
Page 11
44. A true and correct copy of the decedent's, DAVID FLICK, complete Detailed Earnings
Record which can be obtained from the Social Security Administration by filing Form
SSA-7050-F3 or, in the alternative, a signed and completed Social Security
Administration Consent For Release of Information that is attached hereto, so that
Defendant can obtain same and provide Plaintiff with a copy.
45. Any and all psychological or psychiatric records, documents, tests or reports concerning
the decedent, DAVID FLICK, for the ten (10) year period preceding the decedent's death.
46. Copies of all medical reports or records received by Plaintiff from doctors, physicians or
anyone else who has rendered treatment to decedent, DAVID FLICK, for the ten (10)
year period preceding the decedent's death.
47. Any and all reports provided to Plaintiff or Plaintiff's counsel or any representative of
Plaintiff by any expert who may be called as a witness on behalf of the Plaintiff at the
trial of this cause.
48, Photographs, videotapes or other recorded materials taken of the scene and/or
location of the alleged incident and/or decedent, DAVID FLICK, relating to the incident
alleged in the Complaint, or objects involved, and the effects of any injuries as alleged
in the Complaint.
49. Representative photographs, video tape or similar documentary evidence showing
decedent, DAVID FLICK, prior to the subject incident.Case No.: 21-CA-410
Page 12
50. A recent photograph of the personal representative and all survivors described in the
Complaint.
51. Any and all documents evidencing payments made or to be made, paid or payable, to
the Decedent, DAVID FLICK, or on his behalf, by or pursuant to any of the following:
(a) United States Social Security Act;
(b) Any federal, state, or local income disability act;
( Any other public program providing medical expenses, disability
payments or other similar benefits;
(d) Any health, sickness or income disability or life insurance benefits;
(e) Any automobile insurance that provides or provided health, wage or
disability coverage;
(f) Any other insurance benefits available or provided, whether
purchased by the Decedent or others;
(g) Any other benefits paid or payable from any collateral source or
benefit as defined by statute.
52. Copy of the decedent's, DAVID FLICK, birth certificate.
53. Copies of birth certificates from any person claiming damages in this action.
54. Any and all documents supporting any claim that persons were partly or wholly
dependent on decedent, DAVID FLICK, for support and/or services.
55. Copies of any and all 911 or emergency rescue tapes in Plaintiffs and/or her agents
and/or attorneys possession relating to the subject incident.Case No.: 21-CA-410
Page 13
56. Any and all documents establishing that the Defendant was put on prior notice that the
Defendant, MARK BARCIA, was a habitual! drunkard.
57. Copies o'
any and all incident reports generated by any business or law enforcement
agency regarding the subject incident.
58. A copy 0
59. Copies o'
rights ow!
the decedent's, DAVID FLICK’s, social security card.
any and all documents showing financial interest, property and/or property
ned by the decedent, DAVID FLICK, or in trust for said decedent.
60. Written documentation of any and all funds received pursuant to fund raisers, charitable
organizations or any donations that were herein marked for reimbursement for any
unpaid medical or funeral expenses due to the decedent's, DAVID FLICK’s, death.
Itis hereby requested that the previously mentioned production of copies be made and
sent to the offices of LUKS, SANTANIELLO, PETRILLO & COHEN, If plaintiff offers to make such
documents avail
able for inspection only, it is hereby requested that copies be provided to
undersigned counsel and we will reimburse all reasonable or actual charges associated with
said copies.
CERTIFICATE OF SERVICE
WE HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished
via Electronic Mail, to all counsel of record on the attached Service List, this 19" day of July,
2021.
LUKS, SANTANIELLO, PETRILLO, COHEN &
PETERFRIENDCase No.: 21-CA-410
Page 14
Attorneys for Defendant, BWR North Port, LLC
d/b/a Buffalo Wings and Rings
1422 HENDRY STREET
3rd Floor
FORT MYERS, FL 33901
Telephone: (239) 561-2828
Facsimile: (239) 561-2841
By:___/s/ Howard W. Holden
HOWARD W. HOLDEN
Florida Bar No.: 814067
Jorge W. Rodriguez-Sierra
Florida Bar No.: 1004215
LUKSFTM-Pleadings@Is-law.com
SERVICE LIST
Attorney for Plaintiffs
Randall Spivey, Esq.
Spivey Law Firm
3400 Parker Commons Blvd.
Fort Myers, FL 33912
Randall@spiveylaw.com
Attorney for Defendant, Hooters of Port Charlotte, Inc.
ames F. Sposato, Esq.
itchel Chusid, Esq.
leffrey Glotzer, Esq.
Ritter Chusid, LLP
5850 Coral Ridge Drive, Suite 201
Coral Springs, FL 33076
jsposato@ritterchusid.com
mchusid@ritterchusid.com
jglotzer@ritterchusid.comCase No.: 21-CA-410
Page 15
Attorneys for Jackmont Hospitality and Atlanta Restaurants Partners, LLC d/b/a TGI Fridays
Cristobal A Casal, Esq.
Yasmine Kirollos, Esa.
12730 New Brittany Boulevard, Suite 300
Fort Myers, FL 33907
ccasal@conroysimberg.com
eserviceftn@conroysimberg.com
Attorneys for Defendant, Mark Barcia
Laurie Adams, Esq.
Juan Arrubla, Esq.
515 N. Flagerler Drive, Suite 1800
West Palm Beach, FL 33401
LA-KD@kubickidraper.com
Preview
Filing # 130931119 E-Filed 07/19/2021 01:54:36 PM SIA-35360F /:LCG IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR CHARLOTTE COUNTY, FLORIDA CASE NO.: 21-CA-410 VENISSA DRIGGERS, as Personal Representative of the Estate of David B. Flick, Deceased, Plaintiff(s), 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 TG! FRIDAYS, and JACKMONT HOSPITALITY, INC. d/b/a TGI FRIDAYS, Defendant(s). a / DEFENDANT'S, BWR NORTH PORT, LLC d/b/a BUFFALO WINGS AND RINGS FIRST REQUEST TO PRODUCE TO PLAINTIFF DEFINITIONS AND INSTRUCTIONS As hereafter used, the following terms shall have the following definitions; A. Plaintiff. Any named Plaintiff; and if other than a natural person, the wholly owned or partly owned subsidiaries, divisions, affiliated companies and predecessors in business of any named Plaintiff; any shareholders, directors, officers, employees, agents, accounts, attorneys, advisors, adjusters, insurers, insurance companies, representatives, nominees, or other person(s) (as hereinafter defined) who are acting or have acted on behalf of any named Plaintiff. B. Defendant: Any named Defendant; and if other than a natural person, and the wholly owned or partly owned subsidiaries, divisions, affiliated companies and predecessors inCase No.: 21-CA-410 Page 2 business of any named Defendant; any shareholders, directors, officers, employees, agents, accountants, attorneys, associates, adjusters, insurers, insurance companies, representatives, nominees, or other persons (as hereinafter defined) who are acting or have acted on behalf of any named Defendant. C. Person: Any individual, firm, partnership, corporation, proprietorship, joint venture, association, and any foreign, federal, state, county or municipal governmental body or any department, division agency thereof, or any other organization or entity. D. The terms "Documents" and "Writings" shall mean, without limitation, or exception, any and all kinds of written, typewritten, stenographic, printed, computer or other generated or stored data, recorded or other graphic matters of any kind, and all other data compilations from which information can be obtained and translated if necessary, however produced or reproduced, whether retained separately or in files, including the original and any and all drafts, amendment, modifications, revisions, reproductions, duplicates, and copies, and including but not limited to the following: 1. "Accounting Records" which include book of account, journals, ledgers, financial statements, income tax returns, profit and loss statements, balance sheets, accounting statements, accounting records, computer stored data and printouts, bank statements, deposit receipts, checkbooks, check stubs, checks, magnetic disks or tapes, and other similar documents; 2. "Correspondence" which includes any and all correspondence, letters, notes, memoranda, telexes, tele copier or facsimile transmissions, emails, electronic text messages, telegrams, wires, cables, messages, telephone messages, memos, reports, files, records and other inter and intra-office communications. and other similar documents; 3. "Drawings" include blueprints, drawings, sketches, plans, designs, maps, tables, charts, graphs, drafts, notes, diagrams, site plans, surveys, plot plans, and other similar documents, regardless of whether in electronic media or hardcopy. 4. "Insurance Policies" include applications, requests. binders, proposals, policies, cover notes, declarations, endorsements, certificates, claims, and proofs of losses, releases, assignments, satisfactions, loan receipts, subrogation receipts and other similar documents. 5. "Medical Records" include any and all files, records, reports, notes, charts, statements, opinions, diagnoses, letters, comments, memoranda, questionnaires admission notes, discharge summaries, operative reports, orders, letters, tests, analyses, x-rays, MRI's, CT scans, diagnostic and radiographic studies, videotapes, photographs, bills, invoices, statements, and all other documents which are issued, rendered, maintained, written, prepared, performed, and/or recorded by any doctor, hospital, clinic, rescue service, laboratory, nurse, therapist, rehabilitation, pharmacist, dentist, radiologist, chiropractor, psychiatrist, psychologist, and/or other health care provider. 6. "Photographs" include photographs, pictures, negatives, phone-records, tape recordings videotapes, movies, slides, and other similar documents, regardless of whether in electronic media or hardcopy;Case No.: 21-CA-410 Page 3 7. “Standards include standards, instructions, directives, procedures, specifications, brochures, rules, regulations, advisories, recommendations, programs, guidelines, catalogues, warnings, labels, statements, supplements, advertisements, governmental standards, building codes, fire codes, ordinances, statutes, laws recognized standards in the industry, and other similar documents. 8. "Statements" include the signed and unsigned handwritten, typewritten, tape recorded, videotaped, stenographic, transcribed or other recorded statement or communications given by any person and other similar documents. 9. “Surveys” or "Surveyed" include any surveys, tests, inspections, reviews, examinations, recommendations, evaluations, opinions, analyses, studies, and/or other similar documents concerning, relating and/or pertaining to the maintenance, operation, use, or condition of the subject location where the subject accident occurred; E. "Health Care Provider" includes any and all doctors, hospitals, clinics, rescue services, laboratories, nurses, therapists, rehabilitations, pharmacists, dentists, radiologists, technicians, chiropractors, podiatrists, psychiatrists, psychologists, and/or any other persons who have examined, tested, or otherwise provided any medical treatment or care to the Plaintiff. "Subject Accident" includes the incident alleged in Plaintiffs’ Complaint. G. "Subject Location" includes the area where the Plaintiff claims the incident alleged in the Complaint occurred. H. The term "maintenance" includes, but is not limited to, the maintenance, inspection, repair, refurbishing, rebuilding, fabrication, alteration, renovation, modification, removal, care, custody and/or control of the Subject Location. |. When requested to "describe" any document, state the date of the document, the name, address and telephone number of the author of the document, the contents of the document, and the name, address and telephone number of the recipient of the document. Alternatively, copies of the documents may be attached to any answer or other response- given, designating the particular interrogatory or request to which the document refers. TIME PERIOD m Unless otherwise specified in a particular document production request or interrogatory, the period of time to which these interrogatories or document production requests apply is from the period of THREE (3) YEARS immediately preceding the date of the incident alleged in the Complaint, or any amendment thereto, until the date that any answers are other response is served to the document production requests or interrogatories. PRIVILEGED OR PROPRIETARY MATTER If you object to any part of any request or interrogatory, please specify that part to which you object and the grounds for the objection. If you claim that any request or interrogatory calls for the production of documents or the furnishing of information which youCase No.: 21-CA-410 Page 4 claim constitute proprietary information, work product or are otherwise privileged, please identify in writing each document withheld, its maker, and the specific reasons for withholding the document or furnishing the information. DOCUMENTS NO LONGER IN YOUR POSSESSION, CUSTODY OR CONTROL If any request seeks the identification or production of documents which are known to have previously existed, and were within your possession, custody or control at any time during the time period covered by these requests, but are not now in your possession, custody or control, then, with respect to each such document, please describe the document; the date or approximate date when the document ceased to be in your possession, custody or control; the reason why the document is no longer in your possession, custody or control; and the names, addresses and telephone numbers of persons having knowledge of the contents of the document. REQUESTS Defendant, BWR North Port, LLC ("BWR"), pursuant to Fla. R. Civ. P. 1.350, requests that Plaintiff, VENISSA DRIGGERS as Personal Representative of the Estate of DAVID FLICK, deceased, produce and permit Defendant to inspect and photograph the following: 1. Any and all written and/or recorded statements or other written evidence that tends to prove MARK BARCIA was habitually addicted to alcohol at the time of the incident described in the Complaint. 2. Any and all written and/or recorded statements, or other written evidence that tends to prove BWR, its employees, representatives, and/or agents should have or could have known that MARK BARCIA was a habitual drunkard prior to the subject accident.Case No.: 21-CA-410 Page 5 . Any and all documents that tend to prove that MARK BARCIA frequented the BWR's business and/or was a regular customer of the business at issue prior to the subject accident. . Any and all documents that tend to prove the amount of money MARK BARCIA spent while a customer of BWR’s business prior to the incident. . Any and all documents that tend to prove the amount of alcohol MARK BARCIA drank while a customer at BWR's business on the day of the incident complained of and on all other prior occasions. . Any and all receipts, invoices, credit card slips, credit card statements, debit card slips, debit card statements, and/or other documents evidencing payments made by, for, or on behalf of MARK BARCIA to any tavern, restaurant, liquor store, or other establishment where alcoholic beverages are sold on the date of the incident. . Any and all reports and records of any physician or other provider for any treatment to MARK BARCIA, in the ten (10) years prior to the subject incident, including but not limited to any medical, psychological, psychiatric or counseling records pertaining to alcohol and/or substance abuse. . Any and all documents that contain any information at all regarding any of Defendant, MARK BARCIA’S drinking habits or spending habits for alcohol and/or drugs prior to the subject accident. . Any documents supporting the allegations raised in your Complaint.15. . Any an . Any and . Any and Case No.: 21-CA-410 Page 6 all documents referenced in your Answers to BWR's First Set of Interrogatories. Any documents reflecting the Blood Alcohol Content\levels and/or drugs in MARK BARCIA’s system on the date of the incident. . Any documents reflecting the Blood Alcohol Content\levels and/or drugs in the decedent's, DAVID FLICK, system on the date of the incident. . Any and all clinical records pertaining to medical examinations or treatments administered to the Decedent, if any, because of the incident involved in this lawsuit. . Any and all clinical records pertaining to medical examinations or treatments administered to the Defendant, MARK BARCIA, if any, because of the incident involved in this lawsuit. Any and all medical reports prepared by the Decedent's treating and examining physicians relating to injuries or conditions allegedly caused by the incident at issue in this lawsuit. . Any and all medical bills, if any, incurred because of the incident at issue in this lawsuit. . Any and all documents reflecting funeral expenses, and all other expenses not related to medical care, incurred because of the incident at issue in this matter. in effect all professional, technical or occupational licenses of decedent, DAVID FLICK, on the date of the accident described in the Complaint. all non-privileged statements of witnesses relating to facts or issues involved in this lawsuit.Case No.: 21-CA-410 Page 7 20. Any and all photographs depicting Decedent's injuries sustained in the incident at issue in this matter. 21. All photographs, charts, diagrams, documents, and other physical evidence that Plaintiffs intend to use at the time of trial. 22. Any and all reports pertaining to any issues involved in this lawsuit of any expert witness who will testify at trial. 23. A copy of the death certificate or other document reflecting the date, place, time, manner and cause of death of the decedent, DAVID FLICK, prepared by any hospital, physician or governmental agency. 24. A copy of any autopsy report prepared with regard to the 25. Any and all documents that set past-lost support. 26. Any and all documents that set future-lost support. 27. Any and all documents that set past-lost services. 28. Any and all documents that set uture-lost services. ort ort! je amount ani je amount ani fe amount ani je amount ani actua actua actua actua iecedent, DAVID FL asiS O asiS O asIS O asis O P| inti ainti ainti ainti sc sc CK. alm alm aim sc alm or orCase No.: 21-CA-410 Page 8 29, Any and all statements (written or recorded), correspondence, depositions or other materials authorized by any of the Defendants or any of their agents or employees, which are in your possession. 30. Any and all non-medical expert reports or summaries in your possession pertaining to the allegations in your Complaint for individuals who are anticipated to testify at time of trial. 31. Any and all degrees, certificates or documentation reflecting any training, education, or schooling, obtained by decedent, DAVID FLICK, whether technical or general. 32. A complete list of all assets of the decedent, DAVID FLICK, as of the time of his death, including, but not limited to real property, personal property, checking accounts, savings accounts, trust funds, certificates of deposit (with names and addresses of institutions and account numbers), stocks (identifying them with particularity, and shares owned), bonds, mutual funds (identifying them with particularity and amounts), cash and other financial holdings (identified with particularity). 33. A copy of any any and all passbooks, bank statements, certificates of deposit, stock certificates, bonds, motor vehicle titles and registrations, watercraft titles and registrations, aircraft titles and registrations, and/or real property deeds owned by the decedent, DAVID FLICK, as of the time of his death. 34. A copy of all cancelled checks which would support any survivor's claims for loss of support.Case No.: 21-CA-410 Page 9 35. A copy of any and all documents which would support the estate’s claim for loss of net accumulations. 36. A complete copy of any policies of insurance, including life insurance, accident, health or disability policies, which paid any benefits in connection with the incident which is the subject of the instant litigation, and any receipts, correspondence, proof of loss forms, cancelled checks, applications, or other documentation concerning the payment or potential payment of benefits pursuant to said policies. 37. Copies of any correspondence received from any insurance company described in the paragraph above, denying or paying any claims submitted by Plaintiff as a result of the incident which is the subject of this litigation, and copies of all documents concerning indemnification, payment and/or reimbursement in whole or in part, which Plaintiff and/or decedent has received from collateral sources, including but not limited to, life or accident insurance, social security, employee benefit programs, pension, profit sharing or deferred employee compensation, etc., for the cost of medical care, custody care, rehabilitation services, loss of earnings and other economic loss which Plaintiff is claiming as a result of the incident described in the Complaint ("subject incident’). 38. A copy of the federal tax records, tax returns, and tax certificates filed on behalf of the estate of the decedent, DAVID FLICK.Case No.: 21-CA-410 Page 10 39. A list of the complete names and addresses of any and all survivor's of the decedent, DAVID FLICK, who are claiming any damages in the instant lawsuit, together with their date(s) of birth and social security number(s). 40. Copies of any and all pleadings filed to date in the probate proceedings of the Estate of the decedent, DAVID FLICK, including but not limited to the letters of administration, schedules of assets and/or liabilities of the estate, lists of creditors and beneficiaries and appraisals of all real or personal property of the estate. 41. Any and all reports of post-mortem examinations, photographic copies of any pathological slides, tissue samples, blood tests and drug tests taken of or performed on the decedent, DAVID FLICK, following the incident in question. 42. Personal federal income tax returns filed by the decedent, DAVID FLICK, or copies thereof, for the five (5) years prior to the incident alleged in the Complaint. 43. Internal Revenue Service (IRS) 1099, and W-2 forms, financial statements, Partnership Tax Returns, Subchapter S Tax Returns and any other business or personal records reflecting income of the decedent, DAVID FLICK, for the five (5) years prior to the incident alleged in the Complaint, which can be obtained from the Internal Revenue Service by filing Form 4506, 8821, or in the alternative, a signed and completed Form 4506 and Form 8821 that are attached hereto, so that Defendant can obtain same and provide Plaintiff with a copy.Case No.: 21-CA-410 Page 11 44. A true and correct copy of the decedent's, DAVID FLICK, complete Detailed Earnings Record which can be obtained from the Social Security Administration by filing Form SSA-7050-F3 or, in the alternative, a signed and completed Social Security Administration Consent For Release of Information that is attached hereto, so that Defendant can obtain same and provide Plaintiff with a copy. 45. Any and all psychological or psychiatric records, documents, tests or reports concerning the decedent, DAVID FLICK, for the ten (10) year period preceding the decedent's death. 46. Copies of all medical reports or records received by Plaintiff from doctors, physicians or anyone else who has rendered treatment to decedent, DAVID FLICK, for the ten (10) year period preceding the decedent's death. 47. Any and all reports provided to Plaintiff or Plaintiff's counsel or any representative of Plaintiff by any expert who may be called as a witness on behalf of the Plaintiff at the trial of this cause. 48, Photographs, videotapes or other recorded materials taken of the scene and/or location of the alleged incident and/or decedent, DAVID FLICK, relating to the incident alleged in the Complaint, or objects involved, and the effects of any injuries as alleged in the Complaint. 49. Representative photographs, video tape or similar documentary evidence showing decedent, DAVID FLICK, prior to the subject incident.Case No.: 21-CA-410 Page 12 50. A recent photograph of the personal representative and all survivors described in the Complaint. 51. Any and all documents evidencing payments made or to be made, paid or payable, to the Decedent, DAVID FLICK, or on his behalf, by or pursuant to any of the following: (a) United States Social Security Act; (b) Any federal, state, or local income disability act; ( Any other public program providing medical expenses, disability payments or other similar benefits; (d) Any health, sickness or income disability or life insurance benefits; (e) Any automobile insurance that provides or provided health, wage or disability coverage; (f) Any other insurance benefits available or provided, whether purchased by the Decedent or others; (g) Any other benefits paid or payable from any collateral source or benefit as defined by statute. 52. Copy of the decedent's, DAVID FLICK, birth certificate. 53. Copies of birth certificates from any person claiming damages in this action. 54. Any and all documents supporting any claim that persons were partly or wholly dependent on decedent, DAVID FLICK, for support and/or services. 55. Copies of any and all 911 or emergency rescue tapes in Plaintiffs and/or her agents and/or attorneys possession relating to the subject incident.Case No.: 21-CA-410 Page 13 56. Any and all documents establishing that the Defendant was put on prior notice that the Defendant, MARK BARCIA, was a habitual! drunkard. 57. Copies o' any and all incident reports generated by any business or law enforcement agency regarding the subject incident. 58. A copy 0 59. Copies o' rights ow! the decedent's, DAVID FLICK’s, social security card. any and all documents showing financial interest, property and/or property ned by the decedent, DAVID FLICK, or in trust for said decedent. 60. Written documentation of any and all funds received pursuant to fund raisers, charitable organizations or any donations that were herein marked for reimbursement for any unpaid medical or funeral expenses due to the decedent's, DAVID FLICK’s, death. Itis hereby requested that the previously mentioned production of copies be made and sent to the offices of LUKS, SANTANIELLO, PETRILLO & COHEN, If plaintiff offers to make such documents avail able for inspection only, it is hereby requested that copies be provided to undersigned counsel and we will reimburse all reasonable or actual charges associated with said copies. CERTIFICATE OF SERVICE WE HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished via Electronic Mail, to all counsel of record on the attached Service List, this 19" day of July, 2021. LUKS, SANTANIELLO, PETRILLO, COHEN & PETERFRIENDCase No.: 21-CA-410 Page 14 Attorneys for Defendant, BWR North Port, LLC d/b/a Buffalo Wings and Rings 1422 HENDRY STREET 3rd Floor FORT MYERS, FL 33901 Telephone: (239) 561-2828 Facsimile: (239) 561-2841 By:___/s/ Howard W. Holden HOWARD W. HOLDEN Florida Bar No.: 814067 Jorge W. Rodriguez-Sierra Florida Bar No.: 1004215 LUKSFTM-Pleadings@Is-law.com SERVICE LIST Attorney for Plaintiffs Randall Spivey, Esq. Spivey Law Firm 3400 Parker Commons Blvd. Fort Myers, FL 33912 Randall@spiveylaw.com Attorney for Defendant, Hooters of Port Charlotte, Inc. ames F. Sposato, Esq. itchel Chusid, Esq. leffrey Glotzer, Esq. Ritter Chusid, LLP 5850 Coral Ridge Drive, Suite 201 Coral Springs, FL 33076 jsposato@ritterchusid.com mchusid@ritterchusid.com jglotzer@ritterchusid.comCase No.: 21-CA-410 Page 15 Attorneys for Jackmont Hospitality and Atlanta Restaurants Partners, LLC d/b/a TGI Fridays Cristobal A Casal, Esq. Yasmine Kirollos, Esa. 12730 New Brittany Boulevard, Suite 300 Fort Myers, FL 33907 ccasal@conroysimberg.com eserviceftn@conroysimberg.com Attorneys for Defendant, Mark Barcia Laurie Adams, Esq. Juan Arrubla, Esq. 515 N. Flagerler Drive, Suite 1800 West Palm Beach, FL 33401 LA-KD@kubickidraper.com