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Filing # 124686139 E-Filed 04/09/2021 07:30:35 PM
IN THE CIRCUIT COURT FOURTH JUDICIAL CIRCUIT IN AND FOR
ALACHUA COUNTY, FLORIDA
Case: 2021-CA-102
RICHANTAE JOHNSON, individually,
Plaintiff,
v.
THE CITY OF GAINESVILLE FLORIDA,
Defendants.
PLAINTIFF, RICHANTAE JOHNSON’S, NOTICE OF SERVICE OF FIRST SET
OF INTERROGATORIES TO DEFENDANT, THE CITY OF GAINESVILLE FLORIDA
Plaintiff, RICHANTAE JOHNSON, by and through her undersigned counsel, gives Notice of
Service of Plaintiffs First Set of Interrogatories, upon Defendant, THE CITY OF GAINESVILLE
FLORIDA, to be answered in writing and under oath pursuant to Florida Rules of Civil Procedure.
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing has been filed this 9th day of April 2021 electronically
with the Clerk of the Courts and a copy has been furnished to counsel for the Defendant, Daniel Nee,
Esq., @ needm@cityofgainesville.org.
ESQUIRE LITIGATION GROUP
Ryan McNeill, ESQ.
FBN: 1008340
Email: Rmeneili@esquirelitgroup.com
REGANEL J. REEVES
FBN: 76257
Email: Rreeves@esquirelitgroup.com
"2021 CA 000102" 124686139 Filed at Alachua County Clerk 04/12/2021 08:15:00 AM EDTAttorneys for Plaintiff
6278 Dupont Station Court E, Unit 2
Jacksonville, FL 32217
Phone: (904) 290-3476
Fax: (904) 404-83DEFINITIONS
"You": - includes you, your attorneys, and anyone else acting on your behalf.
"Anyone acting on your behalf": - includes, but is not limited to, your attorneys, their
representatives, and consultants.
"Person": - includes a natural person, firm, association, organization, partnership, or corporation.
"Custodian" - refers to the person having possession, custody, or control.
"Incident": - refers to the incident out of which this cause of action arose as described in the
complaint filed herein, unless the sense appears to the contrary.
"Writing": - means handwriting, typewriting, printing, photostating, photographing, and every
other means of recording upon any tangible thing, any form of communication or representation,
including letters, words, pictures, sounds, or symbols or combinations thereof.
"Identify each writing and its custodian": - means to describe each writing with particularity
sufficient to identify the same by subpoena duces tecum or request to produce, and state the name,
address, telephone number and job title or position of the person having possession, custody or control
thereof.
Whenever an address and telephone number are requested, you are please requested to furnish
both the business and residence address and the business and residence telephone number.
INSTRUCTIONS
A. Defendant shall serve answers to these interrogatories separately and under oath thirty (30)
days from the date of service. Defendant is to answer each interrogatory separately and in the
space after the interrogatory.
B. In providing your response, Defendant is requested to furnish all information available to it,
including information available to Defendant or obtainable by Defendant from its employees,
agents, representatives, investigators, and attorneys. Words imparting the singular shallinclude the plural. Words imparting the plural shall include the singular. Words imparting the
present tense shall include the future tense.
C. If Defendant cannot answer an interrogatory in full after exercising due diligence to secure the
information, it is requested to so state and answer to the extent possible, specifying its inability
to answer the remainder of the interrogatories, stating whatever information or knowledge it
has concerning the unanswered portions of the interrogatories and stating why it is unable to
answer the unanswered portions.
D. If you contend that you are entitled to withhold from production any information identified in
an answer on the basis of attorney/client privilege, the work product privilege, or any other
ground, you are required to supply the following information in your response:
qd)
(2)
withheld;
(3)
(4)
(5)
(6)
Describe the nature of the information being withheld;
State the date or time of the conversation, discussion or other information being
Identify all persons present or with knowledge of the information being withheld;
State the subject matter of the information being withheld;
State the specific basis for the assertion of such privilege upon which you contend you
are entitled to withhold the information; and
Describe any documents that reference the information being withheld.INTERROGATORIES
1. What are the names, telephone numbers and addresses of all persons taking part in answering
these interrogatories, and, if applicable, the persons’ official position or relationship with the party to
whom the interrogatories are directed at the time of the crash and when answering these interrogatories?
ANSWER:
2. Describe any and all insurance policies you or any other Defendant had in effect at the time of
the crash, including any policy that you contend covers or may provide coverage for the damages sought
by the Complaint, including any umbrella, MCS-90 endorsement, or excess coverage policies; and for
each include the name of the insurance company providing the coverage, the extent of each coverage
provided in the policy or policies of insurance, including coverage for both personal injury and property
damage, the policy number of each policy, whether the insurer has offered or provided a defense under
a reservation of rights or otherwise contested or raised defenses to providing coverage for this crash or
the claims asserted in this lawsuit, and describe any other claims being asserted against the policy, from
this crash or during the same policy period, that would reduce the amount of coverage available for the
claims asserted in this lawsuit or from the crash.
ANSWER:
3. Describe the make/model/year and identification number(s) of the vehicle, and also list the name
and address of all persons, corporations or entities who were registered titled owners and/or had
ownership interest or right to control the vehicle, along with the nature of their ownership interest or
right to control it; describe and identify ant aftermarket improvements to the vehicle the cost, and
whether each relates to safety, appearance, fuel efficiency, maintenance, etc.; and describe and identify
any electronic device in the vehicle at the time of the crash, and for each whether it was in use at the
time of the crash, when it was removed from the vehicle, and by whom.
ANSWER:
4. Identify all systems and/or electronic devices in or on the vehicle at the time of the crash, whether
each had the capability of recording and or transmitting any data, and state whether or not that data has
been preserved and/or downloaded, and if so, identify anyone involved, the present location or custodian
of each, and each report of download.ANSWER:
5. Was the Driver acting within the course and scope of her employment or agency with you or
any other Defendant at the time of the crash? If not, explain the basis for your contention and identify
documents and witnesses that support your contention.
ANSWER:
6. Describe in detail each act or omission on the part of any party to this lawsuit or nonparties that
you contend constituted negligence that was a contributing legal cause of the crash and/or damages
claimed in the suit.
ANSWER:
7. Do you contend that any mechanical or maintenance defect or other problem in the vehicle
contributed to the crash? If so, describe the nature of the defect and how it contributed to the crash.
ANSWER:
8. Do you contend that any person or entity other than the Driver is, or may be, liable in whole or
part for the claims asserted against you in this lawsuit? If so, state the full name and address of each
such person or entity, the legal basis for your contention, the facts or evidence upon which your
contention is based and whether or not you have notified each such person or entity of your contention.
ANSWER:
9. List the names and addresses of all persons who are believed or known by you, your agents or
your attorneys to have any knowledge concerning any of the issues in this lawsuit; and specify the
subject matter about which the witness has knowledge.
ANSWER:10. State the name and address of every person known to you, your agents or your attorneys who
has knowledge about, or possession, custody, or control of, any model, plat, map, drawing, motion
picture, videotape, photograph, or electronic data pertaining to any fact or issue involved in this
controversy; and describe as to each, what item such person has, the name and address who took or
prepared it, and the date it was taken or prepared.
ANSWER:
11. Describe the type, model, make, serial number, phone number, name of account holder and
service provider, of any communication device, including but not limited to cell phones, smart phones,
PDA’s. tablets, laptops and ipads owned or possessed by you or the Driver on the date of the crash,
indicate whether such devices were in the vehicle at the time of the crash, whether such device was used
at or near the time of the crash for GPS navigation, web surfing, e-mail or text messaging, or any other
purpose, and if so, when and with whom the Driver was communicating.
ANSWER:
12. Please state whether you have ever made any investigation or inquiry concerning Steven Jones
licensure, qualifications, driving record, safety record, criminal history, insurance coverage, references,
and/or reputation. If so, please describe each inquiry, including the date of each such investigation or
inquiry, identify all persons or entities involved in each such inquiry and his, her or its relationship or
position to you at the time, the nature of ach such inquiry, the results ands substance of all information
obtained by each such inquiry, any communications or actions generated as a result, and identify any
documents that relate to each inquiry.
ANSWER:
13. Describe your relationship with the driver, STEVEN JONES, at the time of the crash, including
the nature of the relationship and legal status (e.g. employee, contractor, partner, etc.), how long the
entities have conducted business together, what terms, conditions, and/or agreements existed between
the entities at the time of this crash, describe all documents that evidence the agreements (contracts,
material term sheets, memoranda of understanding, etc.) and identify by name, title and address the
people within your company that have the most knowledge about each relationship.
ANSWER:14. Have you heard or do you know about any report, statement or remark made by or on behalf of
any party to this lawsuit concerning any issue in this lawsuit? If so, state the name and address of each
person who made the statement or statements, the name and address of each person who heard it, and
the date, time, place and substance of each statement.
ANSWER:
15. Please state whether, to your knowledge, STEVEN JONES, was ever involved in any crashes
or incidents resulting in bodily injuries, death or significant property damage, or if has committed any
traffic infractions in the operation of any vehicles. For each please identify all persons or entities
involved, describe the nature of the crash, incident, complaint or citation, the date of each, where it
occurred.
ANSWER:
16. Please state whether you have ever made any investigation or inquiry concerning STEVEN
JONES licensure, qualifications, driving record, safety record, criminal history, insurance coverage,
references, and/or reputation. If so, please describe each inquiry, including the date of each such
investigation or inquiry, identify all persons or entities involved in each such inquiry and his, her or its
relationship or position to you at the time, the nature of each such inquiry, the results and substance of
all information obtained by each such inquiry, any communications or actions generated as a result, and
identify any documents that relate to each inquiry.
ANSWER:
17. Please state whether, to your knowledge, STEVEN JONES. was ever involved in any crashes or
incidents resulting in bodily injuries, death or significant property damage, or if you were aware of any
complaints or safety concerns regarding him, or if he committed any traffic infractions in the operation
of any vehicles. For each please identify all persons or entities involved, describe the nature of the
crash, incident, complaint or citation, the date of each, where it occurred, and who, if anyone, the Driver
was an agent or employee of at the time, whether each resulted in any property damage and/or personal
injuries or death, whether each resulted in any litigation or claims, and what, if any, disciplinary actions
were taken against STEVEN JONES.
ANSWER:18. Describe in detail all policies, procedures, rules, guidelines, directives, manuals, handbooks,
training and education (including on the job training) you provided to STEVEN JONES. in any way
related to the operation, maintenance, inspection or use of a commercial motor vehicle.
ANSWER:VERIFICATION OF DEFENDANT, CITY OF GAINESVILLE FLORIDA
ANSWERS TO PLAINTIFF’S FIRST SET OF INTERROGATORIES
STATE OF FLORIDA
COUNTY OF
BEFORE ME, the undersigned authority duly authorized to administer oaths, personally
appeared, who, after being duly sworn, deposes and says that he has answered each of the foregoing
Interrogatories truthfully and to the best of his knowledge and belief.
The foregoing instrument was acknowledged before me this day of , 2020.
Signature of Notary Public - State of Florida
Print, type or stamp commissioned name of Notary Public
Personally known to me OR Produced Identification
Type of Identification Produced
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Filing # 124686139 E-Filed 04/09/2021 07:30:35 PM IN THE CIRCUIT COURT FOURTH JUDICIAL CIRCUIT IN AND FOR ALACHUA COUNTY, FLORIDA Case: 2021-CA-102 RICHANTAE JOHNSON, individually, Plaintiff, v. THE CITY OF GAINESVILLE FLORIDA, Defendants. PLAINTIFF, RICHANTAE JOHNSON’S, NOTICE OF SERVICE OF FIRST SET OF INTERROGATORIES TO DEFENDANT, THE CITY OF GAINESVILLE FLORIDA Plaintiff, RICHANTAE JOHNSON, by and through her undersigned counsel, gives Notice of Service of Plaintiffs First Set of Interrogatories, upon Defendant, THE CITY OF GAINESVILLE FLORIDA, to be answered in writing and under oath pursuant to Florida Rules of Civil Procedure. CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been filed this 9th day of April 2021 electronically with the Clerk of the Courts and a copy has been furnished to counsel for the Defendant, Daniel Nee, Esq., @ needm@cityofgainesville.org. ESQUIRE LITIGATION GROUP Ryan McNeill, ESQ. FBN: 1008340 Email: Rmeneili@esquirelitgroup.com REGANEL J. REEVES FBN: 76257 Email: Rreeves@esquirelitgroup.com "2021 CA 000102" 124686139 Filed at Alachua County Clerk 04/12/2021 08:15:00 AM EDTAttorneys for Plaintiff 6278 Dupont Station Court E, Unit 2 Jacksonville, FL 32217 Phone: (904) 290-3476 Fax: (904) 404-83DEFINITIONS "You": - includes you, your attorneys, and anyone else acting on your behalf. "Anyone acting on your behalf": - includes, but is not limited to, your attorneys, their representatives, and consultants. "Person": - includes a natural person, firm, association, organization, partnership, or corporation. "Custodian" - refers to the person having possession, custody, or control. "Incident": - refers to the incident out of which this cause of action arose as described in the complaint filed herein, unless the sense appears to the contrary. "Writing": - means handwriting, typewriting, printing, photostating, photographing, and every other means of recording upon any tangible thing, any form of communication or representation, including letters, words, pictures, sounds, or symbols or combinations thereof. "Identify each writing and its custodian": - means to describe each writing with particularity sufficient to identify the same by subpoena duces tecum or request to produce, and state the name, address, telephone number and job title or position of the person having possession, custody or control thereof. Whenever an address and telephone number are requested, you are please requested to furnish both the business and residence address and the business and residence telephone number. INSTRUCTIONS A. Defendant shall serve answers to these interrogatories separately and under oath thirty (30) days from the date of service. Defendant is to answer each interrogatory separately and in the space after the interrogatory. B. In providing your response, Defendant is requested to furnish all information available to it, including information available to Defendant or obtainable by Defendant from its employees, agents, representatives, investigators, and attorneys. Words imparting the singular shallinclude the plural. Words imparting the plural shall include the singular. Words imparting the present tense shall include the future tense. C. If Defendant cannot answer an interrogatory in full after exercising due diligence to secure the information, it is requested to so state and answer to the extent possible, specifying its inability to answer the remainder of the interrogatories, stating whatever information or knowledge it has concerning the unanswered portions of the interrogatories and stating why it is unable to answer the unanswered portions. D. If you contend that you are entitled to withhold from production any information identified in an answer on the basis of attorney/client privilege, the work product privilege, or any other ground, you are required to supply the following information in your response: qd) (2) withheld; (3) (4) (5) (6) Describe the nature of the information being withheld; State the date or time of the conversation, discussion or other information being Identify all persons present or with knowledge of the information being withheld; State the subject matter of the information being withheld; State the specific basis for the assertion of such privilege upon which you contend you are entitled to withhold the information; and Describe any documents that reference the information being withheld.INTERROGATORIES 1. What are the names, telephone numbers and addresses of all persons taking part in answering these interrogatories, and, if applicable, the persons’ official position or relationship with the party to whom the interrogatories are directed at the time of the crash and when answering these interrogatories? ANSWER: 2. Describe any and all insurance policies you or any other Defendant had in effect at the time of the crash, including any policy that you contend covers or may provide coverage for the damages sought by the Complaint, including any umbrella, MCS-90 endorsement, or excess coverage policies; and for each include the name of the insurance company providing the coverage, the extent of each coverage provided in the policy or policies of insurance, including coverage for both personal injury and property damage, the policy number of each policy, whether the insurer has offered or provided a defense under a reservation of rights or otherwise contested or raised defenses to providing coverage for this crash or the claims asserted in this lawsuit, and describe any other claims being asserted against the policy, from this crash or during the same policy period, that would reduce the amount of coverage available for the claims asserted in this lawsuit or from the crash. ANSWER: 3. Describe the make/model/year and identification number(s) of the vehicle, and also list the name and address of all persons, corporations or entities who were registered titled owners and/or had ownership interest or right to control the vehicle, along with the nature of their ownership interest or right to control it; describe and identify ant aftermarket improvements to the vehicle the cost, and whether each relates to safety, appearance, fuel efficiency, maintenance, etc.; and describe and identify any electronic device in the vehicle at the time of the crash, and for each whether it was in use at the time of the crash, when it was removed from the vehicle, and by whom. ANSWER: 4. Identify all systems and/or electronic devices in or on the vehicle at the time of the crash, whether each had the capability of recording and or transmitting any data, and state whether or not that data has been preserved and/or downloaded, and if so, identify anyone involved, the present location or custodian of each, and each report of download.ANSWER: 5. Was the Driver acting within the course and scope of her employment or agency with you or any other Defendant at the time of the crash? If not, explain the basis for your contention and identify documents and witnesses that support your contention. ANSWER: 6. Describe in detail each act or omission on the part of any party to this lawsuit or nonparties that you contend constituted negligence that was a contributing legal cause of the crash and/or damages claimed in the suit. ANSWER: 7. Do you contend that any mechanical or maintenance defect or other problem in the vehicle contributed to the crash? If so, describe the nature of the defect and how it contributed to the crash. ANSWER: 8. Do you contend that any person or entity other than the Driver is, or may be, liable in whole or part for the claims asserted against you in this lawsuit? If so, state the full name and address of each such person or entity, the legal basis for your contention, the facts or evidence upon which your contention is based and whether or not you have notified each such person or entity of your contention. ANSWER: 9. List the names and addresses of all persons who are believed or known by you, your agents or your attorneys to have any knowledge concerning any of the issues in this lawsuit; and specify the subject matter about which the witness has knowledge. ANSWER:10. State the name and address of every person known to you, your agents or your attorneys who has knowledge about, or possession, custody, or control of, any model, plat, map, drawing, motion picture, videotape, photograph, or electronic data pertaining to any fact or issue involved in this controversy; and describe as to each, what item such person has, the name and address who took or prepared it, and the date it was taken or prepared. ANSWER: 11. Describe the type, model, make, serial number, phone number, name of account holder and service provider, of any communication device, including but not limited to cell phones, smart phones, PDA’s. tablets, laptops and ipads owned or possessed by you or the Driver on the date of the crash, indicate whether such devices were in the vehicle at the time of the crash, whether such device was used at or near the time of the crash for GPS navigation, web surfing, e-mail or text messaging, or any other purpose, and if so, when and with whom the Driver was communicating. ANSWER: 12. Please state whether you have ever made any investigation or inquiry concerning Steven Jones licensure, qualifications, driving record, safety record, criminal history, insurance coverage, references, and/or reputation. If so, please describe each inquiry, including the date of each such investigation or inquiry, identify all persons or entities involved in each such inquiry and his, her or its relationship or position to you at the time, the nature of ach such inquiry, the results ands substance of all information obtained by each such inquiry, any communications or actions generated as a result, and identify any documents that relate to each inquiry. ANSWER: 13. Describe your relationship with the driver, STEVEN JONES, at the time of the crash, including the nature of the relationship and legal status (e.g. employee, contractor, partner, etc.), how long the entities have conducted business together, what terms, conditions, and/or agreements existed between the entities at the time of this crash, describe all documents that evidence the agreements (contracts, material term sheets, memoranda of understanding, etc.) and identify by name, title and address the people within your company that have the most knowledge about each relationship. ANSWER:14. Have you heard or do you know about any report, statement or remark made by or on behalf of any party to this lawsuit concerning any issue in this lawsuit? If so, state the name and address of each person who made the statement or statements, the name and address of each person who heard it, and the date, time, place and substance of each statement. ANSWER: 15. Please state whether, to your knowledge, STEVEN JONES, was ever involved in any crashes or incidents resulting in bodily injuries, death or significant property damage, or if has committed any traffic infractions in the operation of any vehicles. For each please identify all persons or entities involved, describe the nature of the crash, incident, complaint or citation, the date of each, where it occurred. ANSWER: 16. Please state whether you have ever made any investigation or inquiry concerning STEVEN JONES licensure, qualifications, driving record, safety record, criminal history, insurance coverage, references, and/or reputation. If so, please describe each inquiry, including the date of each such investigation or inquiry, identify all persons or entities involved in each such inquiry and his, her or its relationship or position to you at the time, the nature of each such inquiry, the results and substance of all information obtained by each such inquiry, any communications or actions generated as a result, and identify any documents that relate to each inquiry. ANSWER: 17. Please state whether, to your knowledge, STEVEN JONES. was ever involved in any crashes or incidents resulting in bodily injuries, death or significant property damage, or if you were aware of any complaints or safety concerns regarding him, or if he committed any traffic infractions in the operation of any vehicles. For each please identify all persons or entities involved, describe the nature of the crash, incident, complaint or citation, the date of each, where it occurred, and who, if anyone, the Driver was an agent or employee of at the time, whether each resulted in any property damage and/or personal injuries or death, whether each resulted in any litigation or claims, and what, if any, disciplinary actions were taken against STEVEN JONES. ANSWER:18. Describe in detail all policies, procedures, rules, guidelines, directives, manuals, handbooks, training and education (including on the job training) you provided to STEVEN JONES. in any way related to the operation, maintenance, inspection or use of a commercial motor vehicle. ANSWER:VERIFICATION OF DEFENDANT, CITY OF GAINESVILLE FLORIDA ANSWERS TO PLAINTIFF’S FIRST SET OF INTERROGATORIES STATE OF FLORIDA COUNTY OF BEFORE ME, the undersigned authority duly authorized to administer oaths, personally appeared, who, after being duly sworn, deposes and says that he has answered each of the foregoing Interrogatories truthfully and to the best of his knowledge and belief. The foregoing instrument was acknowledged before me this day of , 2020. Signature of Notary Public - State of Florida Print, type or stamp commissioned name of Notary Public Personally known to me OR Produced Identification Type of Identification Produced