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Filing # 71444915 E-Filed 04/30/2018 05:14:55 PM.
IN THE CIRCUIT COURT OF THE FOURTEENTH JUDICIAL CIRCUIT,
IN AND FOR WASHINGTON COUNTY, FLORIDA
SHANNON R. COLLINS; HOYT S. )
McLENDON; PATRICK 8.
CHILDERS; and, STEVEN M. )
McLENDON,
)
Plaintiffs.
)
vs. Case No.:
MICHAEL CHRISTOPHER MADER,
SHELIA CLOUD MADER, and )
Fictitious parties Defendants A-Z,
whether singular or plural, being those )
individuals, businesses, associations, or
corporations, or other entities who or by )
which by themselves or by agent or
representative caused or contributed to )
cause the incident made the basis of this
Complaint, )
Defendants. )
COMPLAINT AND DEMAND FOR TRIAL BY JURY
COME NOW THE PLAINTIFFS, and hereby file their Complaint against the
Defendants, stating as follows:
Plaintiffs’ Complaint is an action for damages for personal injuries suffered by Plaintiffs
resulting from an automobile accident which occurred in Washington County, Florida, on or
about December 24, 2016. The amount in controversy exceeds the jurisdictional minimum of
this Court.
Electronically Filed Washington Case # 18000053CAAXMX 04/30/2018 04:14:55 PMJURISDICTIONAL ALLEGATIONS
1. Plaintiff Shannon R. Collins is a citizen and resident of Houston County,
Alabama. Plaintiff Shannon R. Collins is over the age of nineteen years and resides at 212
Shadowood Dr., Dothan, Alabama, 36301.
2. Plaintiff Hoyt S. McLendon is a citizen and resident of Houston County,
Alabama. Plaintiff Hoyt S. McLendon is over the age of nineteen years 4243 S. Park Ave,
Dothan, Alabama, 36301.
3. Plaintiff Patrick S. Childers is a citizen and resident of Houston County, Alabama.
Plaintiff Patrick S. Childers is over the age of nineteen years and resides at 209 Shandwick
Court, Dothan, Alabama, 36305.
4. Plaintiff Steven M. McLendon is a citizen and resident of Houston County,
Alabama. Steven M. McLendon is over the age of nineteen years and resides at 2208
Saddlewood Trail, Dothan, Alabama, 36301.
5. Defendant, Michael Christopher Mader, is a citizen and resident of Jackson
County, Florida, and over the age of nineteen years. Upon information and belief, Defendant
Michael Christopher Mader resides at 4845 Tall Pine Drive, Marianna, Florida, 32446.
6. Defendant, Shelia Cloud Mader, is a citizen and resident of Jackson County,
Florida, and over the age of nineteen years. Upon information and belief, Defendant Shelia
Cloud Mader resides at 4845 Tall Pine Drive, Marianna, Florida, 32446.
7. Fictitious Parties Defendant A through Z, are those individuals, businesses,
associations, organizations, corporations, or other entities who or which are described in the
caption of the Complaint. Plaintiffs aver that the identity of the Fictitious Parties Defendant areotherwise unknown to the Plaintiffs at this time, or, if their names are known to the Plaintiffs,
their identity as proper party Defendants are not known to the Plaintiffs at this time; but their true
names will be substituted by amendment to the Complaint when the aforesaid lacking knowledge
is ascertained.
8. All Defendants are subject to suit in this Court, as the accident which made basis
of this lawsuit occurred in Washington County, Florida.
COUNT I - NEGLIGENCE/WANTONNESS
9. Plaintiffs hereby adopt and incorporate by reference paragraphs One through Eight
(Numbered 1-8) above, as if set out fully herein.
10. | On or about December 24, 2016, Plaintiff Steven McLendon was properly
operating a motor vehicle, a 2011 Chevy Avalanche owned by Plaintiff Shannon Collins,
pursuant to all applicable Florida Laws, at the intersection of State Road 77 and County Road
166, in Chipley, Washington County, Florida. Plaintiffs Shannon Collins, Hoyt McLendon, and
Patrick Childers were passengers in the Chevy Avalanche.
11. On that occasion, at approximately 1:45 a.m. Defendant Michael Christopher
Mader, negligently, recklessly, and/or wantonly operated a 2015 Jeep Wrangler, owned by
Defendant Shelia Cloud Mader, so as to cause it to collide with the Chevy Avalanche.
12. At the time of said accident, Defendant Michael Christopher Mader was driving in
a careless and reckless manner upon the highways of Florida and was doing so in direct violation
of Florida Law, by running a stop sign and striking the Chevy Avalanche.
13. Also, at the time of the accident, the responding officer smelled the odor of
alcohol on Defendant Michael Christopher Mader.14. As a direct and proximate result of the negligence, recklessness and/or
wantonness of the Defendant Michael Christopher Mader the Plaintiff Shannon Collins was
caused to suffer severe and permanent personal injuries. Said accident caused the Plaintiff to be
shaken violently and knocked about the vehicle. Plaintiff Shannon Collins has suffered bodily
injuries, has been caused to suffer physical pain and mental anguish, has been caused to suffer
the damage and loss of his vehicle, and will continue to suffer same in the future.
15. As a direct and proximate result of the negligence, recklessness and/or
wantonness of the Defendant Michael Christopher Mader the Plaintiff Hoyt McLendon was
caused to suffer severe and permanent personal injuries. Said accident caused the Plaintiff to be
shaken violently and knocked about the vehicle. Plaintiff Hoyt McLendon has suffered bodily
injuries, has been caused to suffer physical pain and mental anguish, and will continue to suffer
same in the future.
16. As a direct and proximate result of the negligence, recklessness and/or
wantonness of the Defendant Michael Christopher Mader the Plaintiff Patrick Childers was
caused to suffer severe and permanent personal injuries. Said accident caused the Plaintiff to be
shaken violently and knocked about the vehicle. Plaintiff Patrick Childers has suffered bodily
injuries, has been caused to suffer physical pain and mental anguish, and will continue to suffer
same in the future.
17. As a direct and proximate result of the negligence, recklessness and/or
wantonness of the Defendant Michael Christopher Mader the Plaintiff Steven McLendon was
caused to suffer severe and permanent personal injuries. Said accident caused the Plaintiff to be
shaken violently and knocked about the vehicle. Plaintiff Steven McLendon has suffered bodilyinjuries, has been caused to suffer physical pain and mental anguish, and will continue to suffer
same in the future.
WHEREFORE ALL PREMISES CONSIDERED, Plaintiffs demand Judgment against
the Defendants in an amount necessary to fully compensate them for all of their injuries and
damages that they sustained. Said damages shall be determined by the trier of fact. In addition,
Plaintiffs demand any and all costs, expenses, and other damages as allowed by law. Plaintiffs
further demand punitive damages of the Defendants to punish them for their misconduct and to
stop other such misconduct from occurring in the future.
COUNT I - NEGLIGENT ENTRUSTMENT
18. Plaintiff adopts and re-avers Paragraphs One through Seventeen (Numbered 1-17)
as stated above, as if fully set out and re-alleged herein.
19. On or about December 24, 2016, Plaintiff Steven McLendon was properly
operating a motor vehicle, a 2011 Chevy Avalanche owned by Plaintiff Shannon Collins,
pursuant to all applicable Florida Laws, at the intersection of State Road 77 and County Road
166, in Chipley, Washington County, Florida. Plaintiffs Shannon Collins, Hoyt McLendon, and
Patrick Childers were passengers in the Chevy Avalanche.
20. On that occasion, at approximately 1:45 a.m. Defendant Michael Christopher
Mader, negligently, recklessly, and/or wantonly operated a 2015 Jeep Wrangler, owned by
Defendant Shelia Cloud Mader, so as to cause it to collide with the Chevy Avalanche.
21. At the time of said accident, Defendant Michael Christopher Mader was driving in
a careless and reckless manner upon the highways of Florida and was doing so in direct violation
of Florida Law, by running a stop sign and striking the Chevy Avalanche.22. Also, at the time of the accident, the responding officer smelled the odor of
alcohol on Defendant Michael Christopher Mader.
23. Defendant Shelia Cloud Mader had full knowledge, or through the exercise of
reasonable caution and prudence should have known, of Defendant Michael Christopher Mader’s
propensity to negligently, recklessly, and/or wantonly operate the vehicle owned by Defendant,
Shelia Cloud Mader.
24. Defendant Shelia Cloud Mader negligently, recklessly and/or wantonly entrusted
the 2015 Jeep Wrangler to Defendant Michael Christopher Mader and said entrustment
contributed to and/or caused the accident which is the subject of the Plaintiffs’ Complaint.
25. As a direct and proximate result of the negligence, recklessness and/or
wantonness of the Defendant Michael Christopher Mader the Plaintiff Shannon Collins was
caused to suffer severe and permanent personal injuries. Said accident caused the Plaintiff to be
shaken violently and knocked about the vehicle. Plaintiff Shannon Collins has suffered bodily
injuries, has been caused to suffer physical pain and mental anguish, has been caused to suffer
the damage and loss of his vehicle, and will continue to suffer same in the future.
26. As a direct and proximate result of the negligence, recklessness and/or
wantonness of the Defendant Michael Christopher Mader the Plaintiff Hoyt McLendon was
caused to suffer severe and permanent personal injuries. Said accident caused the Plaintiff to be
shaken violently and knocked about the vehicle. Plaintiff Hoyt McLendon has suffered bodily
injuries, has been caused to suffer physical pain and mental anguish, and will continue to suffer
same in the future.
27. As a direct and proximate result of the negligence, recklessness and/or
wantonness of the Defendant Michael Christopher Mader the Plaintiff Patrick Childers wascaused to suffer severe and permanent personal injuries. Said accident caused the Plaintiff to be
shaken violently and knocked about the vehicle. Plaintiff Patrick Childers has suffered bodily
injuries, has been caused to suffer physical pain and mental anguish, and will continue to suffer
same in the future.
28. As a direct and proximate result of the negligence, recklessness and/or
wantonness of the Defendant Michael Christopher Mader the Plaintiff Steven McLendon was
caused to suffer severe and permanent personal injuries. Said accident caused the Plaintiff to be
shaken violently and knocked about the vehicle. Plaintiff Steven McLendon has suffered bodily
injuries, has been caused to suffer physical pain and mental anguish, and will continue to suffer
same in the future.
WHEREFORE ALL PREMISES CONSIDERED, Plaintiffs demand Judgment against
both the Defendants in an amount necessary to fully compensate them for all injuries and
damages that they have has sustained. Said damages shall be determined by the trier of fact. In
addition, Plaintiffs demand any and all costs, expenses and other damages as allowed by law.
COUNT Il —- FICTITIOUS DEFENDANTS
29. Plaintiffs hereby adopt and incorporate by reference paragraphs One through
Thirty-Eight (Numbered 1-28) above, as if set out fully herein.
30. The identity of each Fictitious Party referred to herein is unknown to the Plaintiffs
at the present time. Plaintiffs will name and identify Fictitious Parties upon completion of and/or
during discovery. Without reallegation and/or repetition, the Fictitious Defendants are accurately
described and referred to in the caption of this Complaint and that description is adopted and
incorporated as if set out in full herein.31. | Asa proximate result of the wrongful conduct of the Fictitious Defendants alleged
in the caption of the Complaint and adopted and incorporated as if set out in full herein, the
Plaintiffs were injured and damaged as alleged previously.
WHEREFORE, Plaintiffs demand judgment against all appropriate Fictitious Defendants
for compensatory and punitive damages as a jury shall award, plus interest and costs.
JURY DEMAND
Plaintiffs demand trial by struck jury as to all of the issues in this Complaint.
This the 30" day of April, 2018.
/s/ Richard E. Crum, Esq.
Richard E. Crum, Esq.
Florida Bar No.: 0047058
Attorneys for Plaintiffs
OF COUNSEL:
SHEALY, CRUM & PIKE, LLC
Post Office Box 6346
Dothan, Alabama 36302-6346
(334) 677-3000SERVE DEFENDANTS AS FOLLOWS:
Mr. Michael Christopher Mader
4845 Tall Pine Drive
Marianna, Florida 32446
Ms. Sheila Cloud Mader
4845 Tall Pine Drive
Marianna, Florida 32446IN THE CIRCUIT COURT OF THE FOURTEENTH JUDICIAL CIRCUIT,
IN AND FOR WASHINGTON COUNTY, FLORIDA
SHANNON R. COLLINS; HOYT S. )
McLENDON; PATRICK S.
CHILDERS; and, STEVEN M. )
McLENDON,
)
Plaintiffs.
)
vs. Case No.:
)
MICHAEL CHRISTOPHER MADER,
SHELIA CLOUD MADER, and )
Fictitious parties Defendants A-Z,
whether singular or plural, being those )
individuals, businesses, associations, or
corporations, or other entities who or by )
which by themselves or by agent or
representative caused or contributed to )
cause the incident made the basis of this
Complaint, )
Defendants. )
PLAINTIFF’S INTERROGATORIES TO DEFENDANT.
MICHAEL CHRISTOPHER MADER
Plaintiffs hereby propound the following Interrogatories pursuant to the applicable
Florida Rules of Civil Procedure to be answered under oath by Defendant, Michael Christopher
Mader.
DEFINITIONS AND INSTRUCTIONS
1. Statement includes any written or oral statement made, signed, or otherwise
adopted or approved by the person making it, and any stenographic, mechanical, electrical, or
other recording, or a transcription thereof, which is a substantially verbatim recital or an oral
statement by the person making it and contemporaneously recorded.2. Document includes any written or recorded information however produced or
reproduced, including writings, drawings, graphs, charts, information stored on a computer,
photographs, video tapes, audio tapes, phone records, and other data compilations from which
information can be obtained or translated.
3. Statement, document and tangible thing each includes, but is not limited to, any
such item prepared in anticipation of litigation or for trial by or for any party to this action other
than this defendant.
4. Incident or Accident refer to the car accident that took place in Washington
County, Florida, on or about December 24, 2016.
5. Social media is defined as websites or applications that enable users to create and
share content or to participate in social networking, which include but are not limited to
Facebook, Instagram, Snapchat, Google+, WhatsApp, Twitter, and/or Tumblr.
6. Identify, when referred:
(a) To a person means to state his or her full name, present or last known
residential address, present or last known employment address, residential telephone number,
employment telephone number, date of birth, social security number, and driver license state and
number.
(b) To a public or private corporation, partnership, association, or other
organization or to a governmental body means to state its full name, present or last known
pertinent business address, business telephone number, and the names and positions of all
persons known to you who are associated with such entity.
(c) To a statement means to identify who made it, who took or recorded it,
and all others, if any, present during the making thereof; to state when, where, and how it wastaken or recorded, and to identify who has present or last known possession, custody, or control
thereof;
(d) To a document means to give a reasonably detailed description thereof,
including, if applicable, when, where, and how it was made; to identify who made it; and to
identify who has present or last known possession, custody, or control thereof; and
(e) To any other tangible things means to give a reasonably detailed
description thereof, including, if applicable, when, where, and how it was made; to identify who
made it; and to identify who has present or last known possession, custody, or control thereof.
7. Whenever a listing or identification of documents is requested in these
interrogatories, plaintiff may, as to each document to be listed, and in lieu of such listing or
identification, attach copies to the answers or state when and. where plaintiff will produce such
document for inspection and copying by this defendant.
8. If an interrogatory is objected to in part, the objected to part or scope should be
identified, the reasons for the objection clearly stated, and a complete answer to the remaining
portions provided.
INTERROGATORIES
1. List all the states where you have held a driver’s license, including the license
number, and list any traffic violations, whether a ticket, misdemeanor, or felony, associated with
each license.
2. Describe in detail your activities beginning on December 23, 2016, up until the
moment of the accident. This description should include times, places, names of people
involved, and activities or conversations that occurred with or at each time/place/person.3. Describe in detail each act or omission on the part of any party to this lawsuit that
you contend constituted negligence that was a contributing legal cause of the incident in
question, and how you gained said knowledge.
4. State the facts upon which you rely for each affirmative defense in your answer.
5. Do you contend any person or entity other than you 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.
6. Were you charged with any violation of law (including any regulations or
ordinances) arising out of the incident described in the Complaint? If so, what was the nature of
the charge; what court or agency heard the charge; was any written report prepared by anyone
regarding the charge, and, if so, what is the name and address of the person or entity who
prepared the report; do you have a copy of the report; and was the testimony at any Trial,
hearing, or other proceeding on the charge recorded in any manner, and, if so, what is the name
and address of the person who recorded the testimony?
7. 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 nay of the issues in this
lawsuit; and specific the subject matter about which the witness has knowledge.
8. Do you intend to call any expert witnesses at the Trial of this case? If so, state as
to each such witness, the name and business address of the witness, the witness’ qualifications as
an expert, the subject matter upon which the witness is expected to testify, the substance of thefacts and opinions to which the witness is expected to testify, and a summary of the grounds for
each opinion.
9. Were you suffering from physical infirmity, disability or sickness at the time of
the incident described in the Complaint? If so, what was the nature of the infirmity, disability or
sickness?
10. Did you consume any alcoholic beverages or take any drugs or medications
within 24 hours before the time of the incident described in the Complaint? If so, state the type
and amount of alcoholic beverages, drugs, or medication which were consumed, and when and
where you consumed them.
11. Did any mechanical defect in the motor vehicle in which you were riding at the
time of the incident described in the Complaint contribute to the incident? If so, describe the
nature of the defect and how it contributed to the incident.
12. List the name and address of all person, corporations, or entities who were
registered title owners or who had ownership interest in, or right to control, the motor vehicle
that the Defendant driver was driving at the time of the incident described in the Complaint; and
describe both the nature of the ownership interest or right to control the vehicle, and the vehicle
itself, including the make, model, year, and vehicle identification number.
13. At the time of the incident described in the Complaint, did the driver of the
vehicle described in your answer to the preceding Interrogatory have permission to drive the
vehicle? Is so, state the names and addresses of all persons who have such permission.
14. Describe the manner in which Defendant Michael Mader contends the accident
occurred, including the speed and direction of travel of the vehicle involved, the actions of thedriver that resulted in the loss of control, collision, the point of impact, and negligence, in any
person that caused the collision.
15. State the time and point of departure as well as the destination and anticipated
time of arrival of the trip Defendant Michael Mader was on at the time of the accident.
16. State how you left the scene of the accident, with whom and how you were
transported. If you were initially transported to the hospital, state how you left the hospital, with
whom and how you were transported.
17. At the time of the traffic accident, state how tall you were and how much you
weighed.
DONE this the 30" day of April, 2018.
/s/ Richard E. Crum, Esq.
Richard E. Crum
Florida Bar No.: 0047058
Attorney for Plaintiffs
OF COUNSEL:
SHEALY, CRUM & PIKE
P.O. Box 6346
Dothan, Alabama 36302
(334) 677-3000
TO BE SERVED UPON DEFENDANT WITH COMPLAINTIN THE CIRCUIT COURT OF THE FOURTEENTH JUDICIAL CIRCUIT,
IN AND FOR WASHINGTON COUNTY, FLORIDA
SHANNON R. COLLINS; HOYT S. )
McLENDON; PATRICK S.
CHILDERS; and, STEVEN M. )
McLENDON,
)
Plaintiffs.
)
vs. Case No.:
)
MICHAEL CHRISTOPHER MADER,
SHELIA CLOUD MADER, and )
Fictitious parties Defendants A-Z,
whether singular or plural, being those )
individuals, businesses, associations, or
corporations, or other entities who or by )
which by themselves or by agent or
representative caused or contributed to )
cause the incident made the basis of this
Complaint, )
Defendants. )
PLAINTIFF’S INTERROGATORIES TO DEFENDANT.
SHEILA CLOUD MADER
Plaintiffs hereby propound the following Interrogatories pursuant to the applicable
Florida Rules of Civil Procedure to be answered under oath by Defendant, Sheila Cloud Mader.
DEFINITIONS AND INSTRUCTIONS
1. Statement includes any written or oral statement made, signed, or otherwise
adopted or approved by the person making it, and any stenographic, mechanical, electrical, or
other recording, or a transcription thereof, which is a substantially verbatim recital or an oral
statement by the person making it and contemporaneously recorded.
2. Document includes any written or recorded information however produced or
reproduced, including writings, drawings, graphs, charts, information stored on a computer,
Page | 1photographs, video tapes, audio tapes, phone records, and other data compilations from which
information can be obtained or translated.
3. Statement, document and tangible thing each includes, but is not limited to, any
such item prepared in anticipation of litigation or for trial by or for any party to this action other
than this defendant.
4. Incident or Accident refer to the car accident that took place in Washington
County, Florida, on or about December 24, 2016.
5. Social media is defined as websites or applications that enable users to create and
share content or to participate in social networking, which include but are not limited to
Facebook, Instagram, Snapchat, Google+, WhatsApp, Twitter, and/or Tumblr.
6. Identify, when referred:
(a) To a person means to state his or her full name, present or last known
residential address, present or last known employment address, residential telephone number,
employment telephone number, date of birth, social security number, and driver license state and
number.
(b) To a public or private corporation, partnership, association, or other
organization or to a governmental body means to state its full name, present or last known
pertinent business address, business telephone number, and the names and positions of all
persons known to you who are associated with such entity.
(c) To a statement means to identify who made it, who took or recorded it,
and all others, if any, present during the making thereof; to state when, where, and how it was
taken or recorded, and to identify who has present or last known possession, custody, or control
thereof;
Page | 2(d) To a document means to give a reasonably detailed description thereof,
including, if applicable, when, where, and how it was made; to identify who made it; and to
identify who has present or last known possession, custody, or control thereof; and
(e) To any other tangible things means to give a reasonably detailed
description thereof, including, if applicable, when, where, and how it was made; to identify who
made it; and to identify who has present or last known possession, custody, or control thereof.
7. Whenever a listing or identification of documents is requested in these
interrogatories, plaintiff may, as to each document to be listed, and in lieu of such listing or
identification, attach copies to the answers or state when and where plaintiff will produce such
document for inspection and copying by this defendant.
8. If an interrogatory is objected to in part, the objected to part or scope should be
identified, the reasons for the objection clearly stated, and a complete answer to the remaining
portions provided.
INTERROGATORIES
1. List all the states where you have held a driver’s license, including the license
number, and list any traffic violations, whether a ticket, misdemeanor, or felony, associated with
each license.
2. Describe in detail how Michael Christopher Mader came to be in control of the
vehicle owned by you, beginning on December 23, 2016, up until the moment of the accident.
This description should include times, places, names of people involved, and activities or
conversations that occurred with or at each time/place/person.
Page | 33. Describe in detail each act or omission on the part of any party to this lawsuit that
you contend constituted negligence that was a contributing legal cause of the incident in
question, and how you gained said knowledge.
4. State the facts upon which you rely for each affirmative defense in your answer.
5. Do you contend any person or entity other than you 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.
6. Were you charged with any violation of law (including any regulations or
ordinances) arising out of the incident described in the Complaint? If so, what was the nature of
the charge; what court or agency heard the charge; was any written report prepared by anyone
regarding the charge, and, if so, what is the name and address of the person or entity who
prepared the report; do you have a copy of the report; and was the testimony at any Trial,
hearing, or other proceeding on the charge recorded in any manner, and, if so, what is the name
and address of the person who recorded the testimony?
7. 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 nay of the issues in this
lawsuit; and specific the subject matter about which the witness has knowledge.
8. Do you intend to call any expert witnesses at the Trial of this case? If so, state as
to each such witness, the name and business address of the witness, the witness’ qualifications as
an expert, the subject matter upon which the witness is expected to testify, the substance of the
Page | 4facts and opinions to which the witness is expected to testify, and a summary of the grounds for
each opinion.
9. Describe in detail your knowledge of the vehicle accident involving Michael
Christopher Mader and the Plaintiffs. This description should include times, places, names of
people involved, and activities or conversations that occurred with or at each time/place/person.
10. Did Michael Christopher Mader consume any alcoholic beverages or take any
drugs or medications within 24 hours before the time of the incident described in the Complaint?
If so, state the type and amount of alcoholic beverages, drugs, or medication which were
consumed, and when and where he consumed them.
11. Did any mechanical defect in the motor vehicle made the basis of this Complaint
contribute to the incident? If so, describe the nature of the defect and how it contributed to the
incident.
12. List the name and address of all person, corporations, or entities who were
registered title owners or who had ownership interest in, or right to control, the motor vehicle
that the Defendant driver was driving at the time of the incident described in the Complaint; and
describe both the nature of the ownership interest or right to control the vehicle, and the vehicle
itself, including the make, model, year, and vehicle identification number.
13. At the time of the incident described in the Complaint, did the driver of the
vehicle described in your answer to the preceding Interrogatory have permission to drive the
vehicle? Is so, state the names and addresses of all persons who have such permission.
14. Describe the manner in which Defendant Sheila Cloud Mader contends the
accident occurred, including the speed and direction of travel of the vehicle involved, the actions
Page | 5of the driver that resulted in the loss of control, collision, the point of impact, and negligence, in
any person that caused the collision.
15. State the time and point of departure as well as the destination and anticipated
time of arrival of the trip Defendant Michael Mader was on at the time of the accident.
DONE this the 30" day of April, 2018.
/s/ Richard E. Crum, Esq.
Richard E. Crum
Florida Bar No.: 0047058
Attorney for Plaintiffs
OF COUNSEL:
SHEALY, CRUM & PIKE
P.O. Box 6346
Dothan, Alabama 36302
(334) 677-3000
TO BE SERVED UPON DEFENDANT WITH COMPLAINT
Page | 6IN THE CIRCUIT COURT OF THE FOURTEENTH JUDICIAL CIRCUIT,
IN AND FOR WASHINGTON COUNTY, FLORIDA
SHANNON R. COLLINS; HOYT S. )
McLENDON; PATRICK S.
CHILDERS; and, STEVEN M. )
McLENDON,
)
Plaintiffs.
)
vs. Case No.:
)
MICHAEL CHRISTOPHER MADER,
SHELIA CLOUD MADER, and )
Fictitious parties Defendants A-Z,
whether singular or plural, being those )
individuals, businesses, associations, or
corporations, or other entities who or by )
which by themselves or by agent or
representative caused or contributed to )
cause the incident made the basis of this
Complaint, )
Defendants. )
PLAINTIFF’S REQUESTS FOR PRODUCTION OF DOCUMENTS TO
DEFENDANT, MICHAEL CHRISTOPHER MADER
Plaintiffs hereby propound the following Requests for Production of Documents pursuant
to the applicable Florida Rules of Civil Procedure to be answered under oath by Defendant,
Michael Christopher Mader.
DEFINITIONS AND INSTRUCTIONS
1. Statement includes any written or oral statement made, signed, or otherwise
adopted or approved by the person making it, and any stenographic, mechanical, electrical, or
other recording, or a transcription thereof, which is a substantially verbatim recital or an oral
statement by the person making it and contemporaneously recorded.
Page | 12. Document includes any written or recorded information however produced or
reproduced, including writings, drawings, graphs, charts, information stored on a computer,
photographs, video tapes, audio tapes, phone records, and other data compilations from which
information can be obtained or translated.
3. Statement, document and tangible thing each includes, but is not limited to, any
such item prepared in anticipation of litigation or for trial by or for any party to this action other
than this defendant.
4. Incident or Accident refers to the car accident that took place in Washington
County, Florida, on or about December 24, 2016.
5. Social media is defined as websites or applications that enable users to create and
share content or to participate in social networking, which include but are not limited to
Facebook, Instagram, Snapchat, Google+, WhatsApp, Twitter, and/or Tumblr.
6. Identify, when referred:
(a) To a person means to state his or her full name, present or last known
residential address, present or last known employment address, residential telephone number,
employment telephone number, date of birth, social security number, and driver license state and
number.
(b) To a public or private corporation, partnership, association, or other
organization or to a governmental body means to state its full name, present or last known
pertinent business address, business telephone number, and the names and positions of all
persons known to you who are associated with such entity.
(c) To a statement means to identify who made it, who took or recorded it,
and all others, if any, present during the making thereof; to state when, where, and how it was
Page | 2taken or recorded, and to identify who has present or last known possession, custody, or control
thereof;
(d) To a document means to give a reasonably detailed description thereof,
including, if applicable, when, where, and how it was made; to identify who made it; and to
identify who has present or last known possession, custody, or control thereof; and
(e) To any other tangible things means to give a reasonably detailed
description thereof, including, if applicable, when, where, and how it was made; to identify who
made it; and to identify who has present or last known possession, custody, or control thereof.
7. Whenever a listing or identification of documents is requested in these
interrogatories, plaintiff may, as to each document to be listed, and in lieu of such listing or
identification, attach copies to the answers or state when and. where plaintiff will produce such
document for inspection and copying by this defendant.
8. If an interrogatory is objected to in part, the objected to part or scope should be
identified, the reasons for the objection clearly stated, and a complete answer to the remaining
portions provided.
REQU FOR PRODUCTION
1. Screen shots of all your social media accounts forty-eight (48) hours prior to and
forty-eight (48) hours after the traffic accident subject hereto. Social media includes, but is not
limited to, Facebook, Instagram, Snapchat, Google+, WhatsApp, Twitter, and/or Tumblr.
2. Account records for any debit, prepaid, or credit cards you had at the time of the
accident, for the period of forty-eight (48) hours prior to and forty-eight (48) hours after the
Page | 3traffic accident subject hereto. This can include statements, receipts, photographs, or other
representations of purchases made on any account.
3. Cell phone records or call logs for any cell phone you possessed at the time of the
accident, for the period of forty-eight (48) hours prior to and forty-eight (48) hours after the
traffic accident subject hereto.
4. A copy of any statement, message, or conversation made regarding the accident
via any format, including but not limited to email, text or private message, photograph, social
media post, no matter when such communication occurred.
5. A copy of any statement, message, or conversation about your plans for
December 23 and/or 24, 2016, whether made that day or any time prior to that day, in any
format, including but not limited to email, text or private message, photography, or social media
post.
6. Screen shots of all social media messages regarding the accident, no matter when
made.
7. A copy of any medical treatment you received due to the accident, including any
laboratory reports.
8. A copy of anything that supports the affirmative defenses as listed in your
Answer.
9. A copy of any photographs taken of the vehicle involved in the accident, showing
the vehicle’s condition after the accident but before any repairs, if any were made.
10. Screen shots or copies of any photographs of you on December 23 and 24, 2016,
regardless of who took such photographs or where they are stored.
Page | 4DONE this the 30" day of April, 2018.
/s/ Richard E. Crum, Esq.
Richard E. Crum
Florida Bar No.: 0047058
Attorney for Plaintiffs
OF COUNSEL:
SHEALY, CRUM & PIKE
P.O. Box 6346
Dothan, Alabama 36302
(334) 677-3000
TO BE SERVED UPON DEFENDANT WITH COMPLAINT
Page | 5IN THE CIRCUIT COURT OF THE FOURTEENTH JUDICIAL CIRCUIT,
IN AND FOR WASHINGTON COUNTY, FLORIDA
SHANNON R. COLLINS; HOYT S. )
McLENDON; PATRICK S.
CHILDERS; and, STEVEN M. )
McLENDON,
)
Plaintiffs.
)
vs. Case No.:
)
MICHAEL CHRISTOPHER MADER,
SHELIA CLOUD MADER, and )
Fictitious parties Defendants A-Z,
whether singular or plural, being those )
individuals, businesses, associations, or
corporations, or other entities who or by )
which by themselves or by agent or
representative caused or contributed to )
cause the incident made the basis of this
Complaint, )
Defendants. )
PLAINTIFEF’S REQUESTS FOR PRODUCTION OF DOCUMENTS TO DEFENDANT,
SHEILA CLOUD MADER
Plaintiffs hereby propound the following Requests for Production of Documents pursuant
to the applicable Florida Rules of Civil Procedure to be answered under oath by Defendant,
Sheila Cloud Mader.
DEFINITIONS AND INSTRUCTIONS
1. Statement includes any written or oral statement made, signed, or otherwise
adopted or approved by the person making it, and any stenographic, mechanical, electrical, or
other recording, or a transcription thereof, which is a substantially verbatim recital or an oral
statement by the person making it and contemporaneously recorded.2. Document includes any written or recorded information however produced or
reproduced, including writings, drawings, graphs, charts, information stored on a computer,
photographs, video tapes, audio tapes, phone records, and other data compilations from which
information can be obtained or translated.
3. Statement, document and tangible thing each includes, but is not limited to, any
such item prepared in anticipation of litigation or for trial by or for any party to this action other
than this defendant.
4. Incident or Accident refers to the car accident that took place in Washington
County, Florida, on or about December 24, 2016.
5. Social media is defined as websites or applications that enable users to create and
share content or to participate in social networking, which include but are not limited to
Facebook, Instagram, Snapchat, Google+, WhatsApp, Twitter, and/or Tumblr.
6. Identify, when referred:
(a) To a person means to state his or her full name, present or last known
residential address, present or last known employment address, residential telephone number,
employment telephone number, date of birth, social security number, and driver license state and
number.
(b) To a public or private corporation, partnership, association, or other
organization or to a governmental body means to state its full name, present or last known
pertinent business address, business telephone number, and the names and positions of all
persons known to you who are associated with such entity.
(c) To a statement means to identify who made it, who took or recorded it,
and all others, if any, present during the making thereof; to state when, where, and how it wastaken or recorded, and to identify who has present or last known possession, custody, or control
thereof;
(d) To a document means to give a reasonably detailed description thereof,
including, if applicable, when, where, and how it was made; to identify who made it; and to
identify who has present or last known possession, custody, or control thereof; and
(e) To any other tangible things means to give a reasonably detailed
description thereof, including, if applicable, when, where, and how it was made; to identify who
made it; and to identify who has present or last known possession, custody, or control thereof.
7. Whenever a listing or identification of documents is requested in these
interrogatories, plaintiff may, as to each document to be listed, and in lieu of such listing or
identification, attach copies to the answers or state when and. where plaintiff will produce such
document for inspection and copying by this defendant.
8. If an interrogatory is objected to in part, the objected to part or scope should be
identified, the reasons for the objection clearly stated, and a complete answer to the remaining
portions provided.
REQUESTS FOR PRODUCTION
1. Screen shots of all your social media accounts forty-eight (48) hours prior to and
forty-eight (48) hours after the traffic accident subject hereto. Social media includes, but is not
limited to, Facebook, Instagram, Snapchat, Google+, WhatsApp, Twitter, and/or Tumblr.
2. Records for the vehicle involved in the traffic accident subject hereto. Said
records should include, but not be limited to, purchase documents, title documents, insurancepolicies, vehicle repair/service records, traffic violations for anyone using said vehicle, or any
accident and/or incident reports.
3. Cell phone records or call logs for any cell phone you possessed at the time of the
accident, for the period of forty-eight (48) hours prior to and forty-eight (48) hours after the
traffic accident subject hereto.
4. A copy of any statement, message, or conversation made regarding the accident
via any format, including but not limited to email, text or private message, photograph, social
media post, no matter when such communication occurred.
5. A copy of any statement, message, or conversation about Michael Christopher
Mader’s plans for December 23 and/or 24, 2016, whether made that day or any time prior to that
day, in any format, including but not limited to email, text or private message, photography, or
social media post.
6. Screen shots of all social media messages regarding the accident, no matter when
made.
7. A copy of anything that supports the affirmative defenses as listed in your
Answer.
8. A copy of any photographs taken of the vehicle involved in the accident, showing
the vehicle’s condition before and after the accident but before any repairs, if any were made.
9. Screen shots or copies of any photographs of Michael Christopher Mader on
December 23 and 24, 2016, regardless of who took such photographs or where they are stored.DONE this the 30" day of April, 2018.
/s/ Richard E. Crum, Esq.
Richard E. Crum
Florida Bar No.: 0047058
Attorney for Plaintiffs
OF COUNSEL:
SHEALY, CRUM & PIKE
P.O. Box 6346
Dothan, Alabama 36302
(334) 677-3000
TO BE SERVED UPON DEFENDANT WITH COMPLAINTIN THE CIRCUIT COURT OF THE FOURTEENTH JUDICIAL CIRCUIT,
IN AND FOR WASHINGTON COUNTY, FLORIDA
SHANNON R. COLLINS; HOYT S. )
McLENDON; PATRICK S.
CHILDERS; and, STEVEN M. )
McLENDON,
)
Plaintiffs.
)
vs. Case No.:
)
MICHAEL CHRISTOPHER MADER,
SHELIA CLOUD MADER, and )
Fictitious parties Defendants A-Z,
whether singular or plural, being those )
individuals, businesses, associations, or
corporations, or other entities who or by )
which by themselves or by agent or
representative caused or contributed to )
cause the incident made the basis of this
Complaint, )
Defendants. )
PLAITNIFFS’ FIRST REQUESTS FOR ADMISSIONS OF FACT TO DEFENDANT,
MICHAEL CHRISTOPHER MADER
COME NOW THE PLAINTIFFS, Shannon Collins, et al, and hereby propound the
following requests for admissions of fact pursuant to the applicable Florida Rules of Civil
Procedure, to be answered separately and severally under oath by Defendant. Failure to timely
answer the following admissions will result in them being deemed admitted as true:
ADMISSIONS OF FACT
In the following, the word “you” refers to Defendant, Michael Christopher Mader.
1. Admit that you consumed at least one alcoholic beverage within one (1) hour of
the traffic accident that is the basis of this lawsuit.10.
11.
12.
Admit that you consumed at least one alcoholic beverage within two (2) hours of
the traffic accident that is the basis of this lawsuit.
Admit that you consumed at least one alcoholic beverage within three (3) hours of
the traffic accident that is the basis of this lawsuit.
Admit that you consumed at least one alcoholic beverage within six (6) hours of
the traffic accident that is the basis of this lawsuit.
Admit that you consumed at least one alcoholic beverage within nine (9) hours of
the traffic accident that is the basis of this lawsuit.
Admit that you consumed at least one alcoholic beverage within twelve (12) hours
of the traffic accident that is the basis of this lawsuit.
Admit that you consumed at least one alcoholic beverage within fifteen (15) hours
of the traffic accident that is the basis of this lawsuit.
Admit that you consumed at least one alcoholic beverage within eighteen (18)
hours of the traffic accident that is the basis of this lawsuit.
Admit that you consumed at least one alcoholic beverage within twenty-one (21)
hours of the traffic accident that is the basis of this lawsuit.
Admit that you consumed at least one alcoholic beverage within twenty-four (24)
hours of the traffic accident that is the basis of this lawsuit.
Admit that you consumed one to three (1-3) alcoholic beverages within twenty-
four (24) hours of the traffic accident that is the basis of this lawsuit.
Admit that you consumed four to six (4-6) alcoholic beverages within twenty-four
(24) hours of the traffic accident that is the basis of this lawsuit.13.
14,
15.
16.
17.
18.
19.
20.
21.
22.
23.
Admit that you consumed seven to eight (7-8) alcoholic beverages within twenty-
four (24) hours of the traffic accident that is the basis of this lawsuit.
Admit that you consumed nine to ten (9-10) alcoholic beverages within twenty-
four (24) hours of the traffic accident that is the basis of this lawsuit.
Admit that you consumed eleven to twelve (11-12) alcoholic beverages within
twenty-four (24) hours of the traffic accident that is the basis of this lawsuit.
Admit that you consumed more than thirteen (13+) alcoholic beverages within
twenty-four (24) hours of the traffic accident that is the basis of this lawsuit.
Admit that you consumed one to three (1-3) alcoholic beverages within one (1)
hour of the traffic accident that is the basis of this lawsuit.
Admit that you consumed four to six (4-6) alcoholic beverages within one (1)
hour of the traffic accident that is the basis of this lawsuit.
Admit that you consumed seven to eight (7-8) alcoholic beverages within one (1)
hour of the traffic accident that is the basis of this lawsuit.
Admit that you consumed nine to ten (9-10) alcoholic beverages within one (1)
hour of the traffic accident that is the basis of this lawsuit.
Admit that you consumed eleven to twelve (11-12) alcoholic beverages within
one (1) hour of the traffic accident that is the basis of this lawsuit.
Admit that you consumed more than thirteen (13+) alcoholic beverages within
one (1) hour of the traffic accident that is the basis of this lawsuit.
Admit that you consumed one to three (1-3) alcoholic beverages within two (2)
hours of the traffic accident that is the basis of this lawsuit.24.
25.
26.
27.
28.
29.
30.
31.
32.
33.
34,
Admit that you consumed four to six (4-6) alcoholic beverages within two (2)
hours of the traffic accident that is the basis of this lawsuit.
Admit that you consumed seven to eight (7-8) alcoholic beverages within two (2)
hours of the traffic accident that is the basis of this lawsuit.
Admit that you consumed nine to ten (9-10) alcoholic beverages within two (2)
hours of the traffic accident that is the basis of this lawsuit.
Admit that you consumed eleven to twelve (11-12) alcoholic beverages within
two (2) hours of the traffic accident that is the basis of this lawsuit.
Admit that you consumed more than thirteen (13+) alcoholic beverages within
two (2) hours of the traffic accident that is the basis of this lawsuit.
Admit that you consumed one to three (1-3) alcoholic beverages within three (3)
hours of the traffic accident that is the basis of this lawsuit.
Admit that you consumed four to six (4-6) alcoholic beverages within three (3)
hours of the traffic accident that is the basis of this lawsuit.
Admit that you consumed seven to eight (7-8) alcoholic beverages within three
(3) hours of the traffic accident that is the basis of this lawsuit.
Admit that you consumed nine to ten (9-10) alcoholic beverages within three (3)
hours of the traffic accident that is the basis of this lawsuit.
Admit that you consumed eleven to twelve (11-12) alcoholic beverages within
three (3) hours of the traffic accident that is the basis of this lawsuit.
Admit that you consumed more than thirteen (13+) alcoholic beverages within
three (3) hours of the traffic accident that is the basis of this lawsuit.35.
36.
37.
38.
39.
40.
41.
42.
43.
44,
45.
Admit that you consumed one to three (1-3) alcoholic beverages within six (6)
hours of the traffic accident that is the basis of this lawsuit.
Admit that you consumed four to six (4-6) alcoholic beverages within six (6)
hours of the traffic accident that is the basis of this lawsuit.
Admit that you consumed seven to eight (7-8) alcoholic beverages within six (6)
hours of the traffic accident that is the basis of this lawsuit.
Admit that you consumed nine to ten (9-10) alcoholic beverages within six (6)
hours of the traffic accident that is the basis of this lawsuit.
Admit that you consumed eleven to twelve (11-12) alcoholic beverages within six
(6) hours of the traffic accident that is the basis of this lawsuit.
Admit that you consumed more than thirteen (13+) alcoholic beverages within six
(6) hours of the traffic accident that is the basis of this lawsuit.
Preview
Filing # 71444915 E-Filed 04/30/2018 05:14:55 PM. IN THE CIRCUIT COURT OF THE FOURTEENTH JUDICIAL CIRCUIT, IN AND FOR WASHINGTON COUNTY, FLORIDA SHANNON R. COLLINS; HOYT S. ) McLENDON; PATRICK 8. CHILDERS; and, STEVEN M. ) McLENDON, ) Plaintiffs. ) vs. Case No.: MICHAEL CHRISTOPHER MADER, SHELIA CLOUD MADER, and ) Fictitious parties Defendants A-Z, whether singular or plural, being those ) individuals, businesses, associations, or corporations, or other entities who or by ) which by themselves or by agent or representative caused or contributed to ) cause the incident made the basis of this Complaint, ) Defendants. ) COMPLAINT AND DEMAND FOR TRIAL BY JURY COME NOW THE PLAINTIFFS, and hereby file their Complaint against the Defendants, stating as follows: Plaintiffs’ Complaint is an action for damages for personal injuries suffered by Plaintiffs resulting from an automobile accident which occurred in Washington County, Florida, on or about December 24, 2016. The amount in controversy exceeds the jurisdictional minimum of this Court. Electronically Filed Washington Case # 18000053CAAXMX 04/30/2018 04:14:55 PMJURISDICTIONAL ALLEGATIONS 1. Plaintiff Shannon R. Collins is a citizen and resident of Houston County, Alabama. Plaintiff Shannon R. Collins is over the age of nineteen years and resides at 212 Shadowood Dr., Dothan, Alabama, 36301. 2. Plaintiff Hoyt S. McLendon is a citizen and resident of Houston County, Alabama. Plaintiff Hoyt S. McLendon is over the age of nineteen years 4243 S. Park Ave, Dothan, Alabama, 36301. 3. Plaintiff Patrick S. Childers is a citizen and resident of Houston County, Alabama. Plaintiff Patrick S. Childers is over the age of nineteen years and resides at 209 Shandwick Court, Dothan, Alabama, 36305. 4. Plaintiff Steven M. McLendon is a citizen and resident of Houston County, Alabama. Steven M. McLendon is over the age of nineteen years and resides at 2208 Saddlewood Trail, Dothan, Alabama, 36301. 5. Defendant, Michael Christopher Mader, is a citizen and resident of Jackson County, Florida, and over the age of nineteen years. Upon information and belief, Defendant Michael Christopher Mader resides at 4845 Tall Pine Drive, Marianna, Florida, 32446. 6. Defendant, Shelia Cloud Mader, is a citizen and resident of Jackson County, Florida, and over the age of nineteen years. Upon information and belief, Defendant Shelia Cloud Mader resides at 4845 Tall Pine Drive, Marianna, Florida, 32446. 7. Fictitious Parties Defendant A through Z, are those individuals, businesses, associations, organizations, corporations, or other entities who or which are described in the caption of the Complaint. Plaintiffs aver that the identity of the Fictitious Parties Defendant areotherwise unknown to the Plaintiffs at this time, or, if their names are known to the Plaintiffs, their identity as proper party Defendants are not known to the Plaintiffs at this time; but their true names will be substituted by amendment to the Complaint when the aforesaid lacking knowledge is ascertained. 8. All Defendants are subject to suit in this Court, as the accident which made basis of this lawsuit occurred in Washington County, Florida. COUNT I - NEGLIGENCE/WANTONNESS 9. Plaintiffs hereby adopt and incorporate by reference paragraphs One through Eight (Numbered 1-8) above, as if set out fully herein. 10. | On or about December 24, 2016, Plaintiff Steven McLendon was properly operating a motor vehicle, a 2011 Chevy Avalanche owned by Plaintiff Shannon Collins, pursuant to all applicable Florida Laws, at the intersection of State Road 77 and County Road 166, in Chipley, Washington County, Florida. Plaintiffs Shannon Collins, Hoyt McLendon, and Patrick Childers were passengers in the Chevy Avalanche. 11. On that occasion, at approximately 1:45 a.m. Defendant Michael Christopher Mader, negligently, recklessly, and/or wantonly operated a 2015 Jeep Wrangler, owned by Defendant Shelia Cloud Mader, so as to cause it to collide with the Chevy Avalanche. 12. At the time of said accident, Defendant Michael Christopher Mader was driving in a careless and reckless manner upon the highways of Florida and was doing so in direct violation of Florida Law, by running a stop sign and striking the Chevy Avalanche. 13. Also, at the time of the accident, the responding officer smelled the odor of alcohol on Defendant Michael Christopher Mader.14. As a direct and proximate result of the negligence, recklessness and/or wantonness of the Defendant Michael Christopher Mader the Plaintiff Shannon Collins was caused to suffer severe and permanent personal injuries. Said accident caused the Plaintiff to be shaken violently and knocked about the vehicle. Plaintiff Shannon Collins has suffered bodily injuries, has been caused to suffer physical pain and mental anguish, has been caused to suffer the damage and loss of his vehicle, and will continue to suffer same in the future. 15. As a direct and proximate result of the negligence, recklessness and/or wantonness of the Defendant Michael Christopher Mader the Plaintiff Hoyt McLendon was caused to suffer severe and permanent personal injuries. Said accident caused the Plaintiff to be shaken violently and knocked about the vehicle. Plaintiff Hoyt McLendon has suffered bodily injuries, has been caused to suffer physical pain and mental anguish, and will continue to suffer same in the future. 16. As a direct and proximate result of the negligence, recklessness and/or wantonness of the Defendant Michael Christopher Mader the Plaintiff Patrick Childers was caused to suffer severe and permanent personal injuries. Said accident caused the Plaintiff to be shaken violently and knocked about the vehicle. Plaintiff Patrick Childers has suffered bodily injuries, has been caused to suffer physical pain and mental anguish, and will continue to suffer same in the future. 17. As a direct and proximate result of the negligence, recklessness and/or wantonness of the Defendant Michael Christopher Mader the Plaintiff Steven McLendon was caused to suffer severe and permanent personal injuries. Said accident caused the Plaintiff to be shaken violently and knocked about the vehicle. Plaintiff Steven McLendon has suffered bodilyinjuries, has been caused to suffer physical pain and mental anguish, and will continue to suffer same in the future. WHEREFORE ALL PREMISES CONSIDERED, Plaintiffs demand Judgment against the Defendants in an amount necessary to fully compensate them for all of their injuries and damages that they sustained. Said damages shall be determined by the trier of fact. In addition, Plaintiffs demand any and all costs, expenses, and other damages as allowed by law. Plaintiffs further demand punitive damages of the Defendants to punish them for their misconduct and to stop other such misconduct from occurring in the future. COUNT I - NEGLIGENT ENTRUSTMENT 18. Plaintiff adopts and re-avers Paragraphs One through Seventeen (Numbered 1-17) as stated above, as if fully set out and re-alleged herein. 19. On or about December 24, 2016, Plaintiff Steven McLendon was properly operating a motor vehicle, a 2011 Chevy Avalanche owned by Plaintiff Shannon Collins, pursuant to all applicable Florida Laws, at the intersection of State Road 77 and County Road 166, in Chipley, Washington County, Florida. Plaintiffs Shannon Collins, Hoyt McLendon, and Patrick Childers were passengers in the Chevy Avalanche. 20. On that occasion, at approximately 1:45 a.m. Defendant Michael Christopher Mader, negligently, recklessly, and/or wantonly operated a 2015 Jeep Wrangler, owned by Defendant Shelia Cloud Mader, so as to cause it to collide with the Chevy Avalanche. 21. At the time of said accident, Defendant Michael Christopher Mader was driving in a careless and reckless manner upon the highways of Florida and was doing so in direct violation of Florida Law, by running a stop sign and striking the Chevy Avalanche.22. Also, at the time of the accident, the responding officer smelled the odor of alcohol on Defendant Michael Christopher Mader. 23. Defendant Shelia Cloud Mader had full knowledge, or through the exercise of reasonable caution and prudence should have known, of Defendant Michael Christopher Mader’s propensity to negligently, recklessly, and/or wantonly operate the vehicle owned by Defendant, Shelia Cloud Mader. 24. Defendant Shelia Cloud Mader negligently, recklessly and/or wantonly entrusted the 2015 Jeep Wrangler to Defendant Michael Christopher Mader and said entrustment contributed to and/or caused the accident which is the subject of the Plaintiffs’ Complaint. 25. As a direct and proximate result of the negligence, recklessness and/or wantonness of the Defendant Michael Christopher Mader the Plaintiff Shannon Collins was caused to suffer severe and permanent personal injuries. Said accident caused the Plaintiff to be shaken violently and knocked about the vehicle. Plaintiff Shannon Collins has suffered bodily injuries, has been caused to suffer physical pain and mental anguish, has been caused to suffer the damage and loss of his vehicle, and will continue to suffer same in the future. 26. As a direct and proximate result of the negligence, recklessness and/or wantonness of the Defendant Michael Christopher Mader the Plaintiff Hoyt McLendon was caused to suffer severe and permanent personal injuries. Said accident caused the Plaintiff to be shaken violently and knocked about the vehicle. Plaintiff Hoyt McLendon has suffered bodily injuries, has been caused to suffer physical pain and mental anguish, and will continue to suffer same in the future. 27. As a direct and proximate result of the negligence, recklessness and/or wantonness of the Defendant Michael Christopher Mader the Plaintiff Patrick Childers wascaused to suffer severe and permanent personal injuries. Said accident caused the Plaintiff to be shaken violently and knocked about the vehicle. Plaintiff Patrick Childers has suffered bodily injuries, has been caused to suffer physical pain and mental anguish, and will continue to suffer same in the future. 28. As a direct and proximate result of the negligence, recklessness and/or wantonness of the Defendant Michael Christopher Mader the Plaintiff Steven McLendon was caused to suffer severe and permanent personal injuries. Said accident caused the Plaintiff to be shaken violently and knocked about the vehicle. Plaintiff Steven McLendon has suffered bodily injuries, has been caused to suffer physical pain and mental anguish, and will continue to suffer same in the future. WHEREFORE ALL PREMISES CONSIDERED, Plaintiffs demand Judgment against both the Defendants in an amount necessary to fully compensate them for all injuries and damages that they have has sustained. Said damages shall be determined by the trier of fact. In addition, Plaintiffs demand any and all costs, expenses and other damages as allowed by law. COUNT Il —- FICTITIOUS DEFENDANTS 29. Plaintiffs hereby adopt and incorporate by reference paragraphs One through Thirty-Eight (Numbered 1-28) above, as if set out fully herein. 30. The identity of each Fictitious Party referred to herein is unknown to the Plaintiffs at the present time. Plaintiffs will name and identify Fictitious Parties upon completion of and/or during discovery. Without reallegation and/or repetition, the Fictitious Defendants are accurately described and referred to in the caption of this Complaint and that description is adopted and incorporated as if set out in full herein.31. | Asa proximate result of the wrongful conduct of the Fictitious Defendants alleged in the caption of the Complaint and adopted and incorporated as if set out in full herein, the Plaintiffs were injured and damaged as alleged previously. WHEREFORE, Plaintiffs demand judgment against all appropriate Fictitious Defendants for compensatory and punitive damages as a jury shall award, plus interest and costs. JURY DEMAND Plaintiffs demand trial by struck jury as to all of the issues in this Complaint. This the 30" day of April, 2018. /s/ Richard E. Crum, Esq. Richard E. Crum, Esq. Florida Bar No.: 0047058 Attorneys for Plaintiffs OF COUNSEL: SHEALY, CRUM & PIKE, LLC Post Office Box 6346 Dothan, Alabama 36302-6346 (334) 677-3000SERVE DEFENDANTS AS FOLLOWS: Mr. Michael Christopher Mader 4845 Tall Pine Drive Marianna, Florida 32446 Ms. Sheila Cloud Mader 4845 Tall Pine Drive Marianna, Florida 32446IN THE CIRCUIT COURT OF THE FOURTEENTH JUDICIAL CIRCUIT, IN AND FOR WASHINGTON COUNTY, FLORIDA SHANNON R. COLLINS; HOYT S. ) McLENDON; PATRICK S. CHILDERS; and, STEVEN M. ) McLENDON, ) Plaintiffs. ) vs. Case No.: ) MICHAEL CHRISTOPHER MADER, SHELIA CLOUD MADER, and ) Fictitious parties Defendants A-Z, whether singular or plural, being those ) individuals, businesses, associations, or corporations, or other entities who or by ) which by themselves or by agent or representative caused or contributed to ) cause the incident made the basis of this Complaint, ) Defendants. ) PLAINTIFF’S INTERROGATORIES TO DEFENDANT. MICHAEL CHRISTOPHER MADER Plaintiffs hereby propound the following Interrogatories pursuant to the applicable Florida Rules of Civil Procedure to be answered under oath by Defendant, Michael Christopher Mader. DEFINITIONS AND INSTRUCTIONS 1. Statement includes any written or oral statement made, signed, or otherwise adopted or approved by the person making it, and any stenographic, mechanical, electrical, or other recording, or a transcription thereof, which is a substantially verbatim recital or an oral statement by the person making it and contemporaneously recorded.2. Document includes any written or recorded information however produced or reproduced, including writings, drawings, graphs, charts, information stored on a computer, photographs, video tapes, audio tapes, phone records, and other data compilations from which information can be obtained or translated. 3. Statement, document and tangible thing each includes, but is not limited to, any such item prepared in anticipation of litigation or for trial by or for any party to this action other than this defendant. 4. Incident or Accident refer to the car accident that took place in Washington County, Florida, on or about December 24, 2016. 5. Social media is defined as websites or applications that enable users to create and share content or to participate in social networking, which include but are not limited to Facebook, Instagram, Snapchat, Google+, WhatsApp, Twitter, and/or Tumblr. 6. Identify, when referred: (a) To a person means to state his or her full name, present or last known residential address, present or last known employment address, residential telephone number, employment telephone number, date of birth, social security number, and driver license state and number. (b) To a public or private corporation, partnership, association, or other organization or to a governmental body means to state its full name, present or last known pertinent business address, business telephone number, and the names and positions of all persons known to you who are associated with such entity. (c) To a statement means to identify who made it, who took or recorded it, and all others, if any, present during the making thereof; to state when, where, and how it wastaken or recorded, and to identify who has present or last known possession, custody, or control thereof; (d) To a document means to give a reasonably detailed description thereof, including, if applicable, when, where, and how it was made; to identify who made it; and to identify who has present or last known possession, custody, or control thereof; and (e) To any other tangible things means to give a reasonably detailed description thereof, including, if applicable, when, where, and how it was made; to identify who made it; and to identify who has present or last known possession, custody, or control thereof. 7. Whenever a listing or identification of documents is requested in these interrogatories, plaintiff may, as to each document to be listed, and in lieu of such listing or identification, attach copies to the answers or state when and. where plaintiff will produce such document for inspection and copying by this defendant. 8. If an interrogatory is objected to in part, the objected to part or scope should be identified, the reasons for the objection clearly stated, and a complete answer to the remaining portions provided. INTERROGATORIES 1. List all the states where you have held a driver’s license, including the license number, and list any traffic violations, whether a ticket, misdemeanor, or felony, associated with each license. 2. Describe in detail your activities beginning on December 23, 2016, up until the moment of the accident. This description should include times, places, names of people involved, and activities or conversations that occurred with or at each time/place/person.3. Describe in detail each act or omission on the part of any party to this lawsuit that you contend constituted negligence that was a contributing legal cause of the incident in question, and how you gained said knowledge. 4. State the facts upon which you rely for each affirmative defense in your answer. 5. Do you contend any person or entity other than you 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. 6. Were you charged with any violation of law (including any regulations or ordinances) arising out of the incident described in the Complaint? If so, what was the nature of the charge; what court or agency heard the charge; was any written report prepared by anyone regarding the charge, and, if so, what is the name and address of the person or entity who prepared the report; do you have a copy of the report; and was the testimony at any Trial, hearing, or other proceeding on the charge recorded in any manner, and, if so, what is the name and address of the person who recorded the testimony? 7. 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 nay of the issues in this lawsuit; and specific the subject matter about which the witness has knowledge. 8. Do you intend to call any expert witnesses at the Trial of this case? If so, state as to each such witness, the name and business address of the witness, the witness’ qualifications as an expert, the subject matter upon which the witness is expected to testify, the substance of thefacts and opinions to which the witness is expected to testify, and a summary of the grounds for each opinion. 9. Were you suffering from physical infirmity, disability or sickness at the time of the incident described in the Complaint? If so, what was the nature of the infirmity, disability or sickness? 10. Did you consume any alcoholic beverages or take any drugs or medications within 24 hours before the time of the incident described in the Complaint? If so, state the type and amount of alcoholic beverages, drugs, or medication which were consumed, and when and where you consumed them. 11. Did any mechanical defect in the motor vehicle in which you were riding at the time of the incident described in the Complaint contribute to the incident? If so, describe the nature of the defect and how it contributed to the incident. 12. List the name and address of all person, corporations, or entities who were registered title owners or who had ownership interest in, or right to control, the motor vehicle that the Defendant driver was driving at the time of the incident described in the Complaint; and describe both the nature of the ownership interest or right to control the vehicle, and the vehicle itself, including the make, model, year, and vehicle identification number. 13. At the time of the incident described in the Complaint, did the driver of the vehicle described in your answer to the preceding Interrogatory have permission to drive the vehicle? Is so, state the names and addresses of all persons who have such permission. 14. Describe the manner in which Defendant Michael Mader contends the accident occurred, including the speed and direction of travel of the vehicle involved, the actions of thedriver that resulted in the loss of control, collision, the point of impact, and negligence, in any person that caused the collision. 15. State the time and point of departure as well as the destination and anticipated time of arrival of the trip Defendant Michael Mader was on at the time of the accident. 16. State how you left the scene of the accident, with whom and how you were transported. If you were initially transported to the hospital, state how you left the hospital, with whom and how you were transported. 17. At the time of the traffic accident, state how tall you were and how much you weighed. DONE this the 30" day of April, 2018. /s/ Richard E. Crum, Esq. Richard E. Crum Florida Bar No.: 0047058 Attorney for Plaintiffs OF COUNSEL: SHEALY, CRUM & PIKE P.O. Box 6346 Dothan, Alabama 36302 (334) 677-3000 TO BE SERVED UPON DEFENDANT WITH COMPLAINTIN THE CIRCUIT COURT OF THE FOURTEENTH JUDICIAL CIRCUIT, IN AND FOR WASHINGTON COUNTY, FLORIDA SHANNON R. COLLINS; HOYT S. ) McLENDON; PATRICK S. CHILDERS; and, STEVEN M. ) McLENDON, ) Plaintiffs. ) vs. Case No.: ) MICHAEL CHRISTOPHER MADER, SHELIA CLOUD MADER, and ) Fictitious parties Defendants A-Z, whether singular or plural, being those ) individuals, businesses, associations, or corporations, or other entities who or by ) which by themselves or by agent or representative caused or contributed to ) cause the incident made the basis of this Complaint, ) Defendants. ) PLAINTIFF’S INTERROGATORIES TO DEFENDANT. SHEILA CLOUD MADER Plaintiffs hereby propound the following Interrogatories pursuant to the applicable Florida Rules of Civil Procedure to be answered under oath by Defendant, Sheila Cloud Mader. DEFINITIONS AND INSTRUCTIONS 1. Statement includes any written or oral statement made, signed, or otherwise adopted or approved by the person making it, and any stenographic, mechanical, electrical, or other recording, or a transcription thereof, which is a substantially verbatim recital or an oral statement by the person making it and contemporaneously recorded. 2. Document includes any written or recorded information however produced or reproduced, including writings, drawings, graphs, charts, information stored on a computer, Page | 1photographs, video tapes, audio tapes, phone records, and other data compilations from which information can be obtained or translated. 3. Statement, document and tangible thing each includes, but is not limited to, any such item prepared in anticipation of litigation or for trial by or for any party to this action other than this defendant. 4. Incident or Accident refer to the car accident that took place in Washington County, Florida, on or about December 24, 2016. 5. Social media is defined as websites or applications that enable users to create and share content or to participate in social networking, which include but are not limited to Facebook, Instagram, Snapchat, Google+, WhatsApp, Twitter, and/or Tumblr. 6. Identify, when referred: (a) To a person means to state his or her full name, present or last known residential address, present or last known employment address, residential telephone number, employment telephone number, date of birth, social security number, and driver license state and number. (b) To a public or private corporation, partnership, association, or other organization or to a governmental body means to state its full name, present or last known pertinent business address, business telephone number, and the names and positions of all persons known to you who are associated with such entity. (c) To a statement means to identify who made it, who took or recorded it, and all others, if any, present during the making thereof; to state when, where, and how it was taken or recorded, and to identify who has present or last known possession, custody, or control thereof; Page | 2(d) To a document means to give a reasonably detailed description thereof, including, if applicable, when, where, and how it was made; to identify who made it; and to identify who has present or last known possession, custody, or control thereof; and (e) To any other tangible things means to give a reasonably detailed description thereof, including, if applicable, when, where, and how it was made; to identify who made it; and to identify who has present or last known possession, custody, or control thereof. 7. Whenever a listing or identification of documents is requested in these interrogatories, plaintiff may, as to each document to be listed, and in lieu of such listing or identification, attach copies to the answers or state when and where plaintiff will produce such document for inspection and copying by this defendant. 8. If an interrogatory is objected to in part, the objected to part or scope should be identified, the reasons for the objection clearly stated, and a complete answer to the remaining portions provided. INTERROGATORIES 1. List all the states where you have held a driver’s license, including the license number, and list any traffic violations, whether a ticket, misdemeanor, or felony, associated with each license. 2. Describe in detail how Michael Christopher Mader came to be in control of the vehicle owned by you, beginning on December 23, 2016, up until the moment of the accident. This description should include times, places, names of people involved, and activities or conversations that occurred with or at each time/place/person. Page | 33. Describe in detail each act or omission on the part of any party to this lawsuit that you contend constituted negligence that was a contributing legal cause of the incident in question, and how you gained said knowledge. 4. State the facts upon which you rely for each affirmative defense in your answer. 5. Do you contend any person or entity other than you 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. 6. Were you charged with any violation of law (including any regulations or ordinances) arising out of the incident described in the Complaint? If so, what was the nature of the charge; what court or agency heard the charge; was any written report prepared by anyone regarding the charge, and, if so, what is the name and address of the person or entity who prepared the report; do you have a copy of the report; and was the testimony at any Trial, hearing, or other proceeding on the charge recorded in any manner, and, if so, what is the name and address of the person who recorded the testimony? 7. 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 nay of the issues in this lawsuit; and specific the subject matter about which the witness has knowledge. 8. Do you intend to call any expert witnesses at the Trial of this case? If so, state as to each such witness, the name and business address of the witness, the witness’ qualifications as an expert, the subject matter upon which the witness is expected to testify, the substance of the Page | 4facts and opinions to which the witness is expected to testify, and a summary of the grounds for each opinion. 9. Describe in detail your knowledge of the vehicle accident involving Michael Christopher Mader and the Plaintiffs. This description should include times, places, names of people involved, and activities or conversations that occurred with or at each time/place/person. 10. Did Michael Christopher Mader consume any alcoholic beverages or take any drugs or medications within 24 hours before the time of the incident described in the Complaint? If so, state the type and amount of alcoholic beverages, drugs, or medication which were consumed, and when and where he consumed them. 11. Did any mechanical defect in the motor vehicle made the basis of this Complaint contribute to the incident? If so, describe the nature of the defect and how it contributed to the incident. 12. List the name and address of all person, corporations, or entities who were registered title owners or who had ownership interest in, or right to control, the motor vehicle that the Defendant driver was driving at the time of the incident described in the Complaint; and describe both the nature of the ownership interest or right to control the vehicle, and the vehicle itself, including the make, model, year, and vehicle identification number. 13. At the time of the incident described in the Complaint, did the driver of the vehicle described in your answer to the preceding Interrogatory have permission to drive the vehicle? Is so, state the names and addresses of all persons who have such permission. 14. Describe the manner in which Defendant Sheila Cloud Mader contends the accident occurred, including the speed and direction of travel of the vehicle involved, the actions Page | 5of the driver that resulted in the loss of control, collision, the point of impact, and negligence, in any person that caused the collision. 15. State the time and point of departure as well as the destination and anticipated time of arrival of the trip Defendant Michael Mader was on at the time of the accident. DONE this the 30" day of April, 2018. /s/ Richard E. Crum, Esq. Richard E. Crum Florida Bar No.: 0047058 Attorney for Plaintiffs OF COUNSEL: SHEALY, CRUM & PIKE P.O. Box 6346 Dothan, Alabama 36302 (334) 677-3000 TO BE SERVED UPON DEFENDANT WITH COMPLAINT Page | 6IN THE CIRCUIT COURT OF THE FOURTEENTH JUDICIAL CIRCUIT, IN AND FOR WASHINGTON COUNTY, FLORIDA SHANNON R. COLLINS; HOYT S. ) McLENDON; PATRICK S. CHILDERS; and, STEVEN M. ) McLENDON, ) Plaintiffs. ) vs. Case No.: ) MICHAEL CHRISTOPHER MADER, SHELIA CLOUD MADER, and ) Fictitious parties Defendants A-Z, whether singular or plural, being those ) individuals, businesses, associations, or corporations, or other entities who or by ) which by themselves or by agent or representative caused or contributed to ) cause the incident made the basis of this Complaint, ) Defendants. ) PLAINTIFF’S REQUESTS FOR PRODUCTION OF DOCUMENTS TO DEFENDANT, MICHAEL CHRISTOPHER MADER Plaintiffs hereby propound the following Requests for Production of Documents pursuant to the applicable Florida Rules of Civil Procedure to be answered under oath by Defendant, Michael Christopher Mader. DEFINITIONS AND INSTRUCTIONS 1. Statement includes any written or oral statement made, signed, or otherwise adopted or approved by the person making it, and any stenographic, mechanical, electrical, or other recording, or a transcription thereof, which is a substantially verbatim recital or an oral statement by the person making it and contemporaneously recorded. Page | 12. Document includes any written or recorded information however produced or reproduced, including writings, drawings, graphs, charts, information stored on a computer, photographs, video tapes, audio tapes, phone records, and other data compilations from which information can be obtained or translated. 3. Statement, document and tangible thing each includes, but is not limited to, any such item prepared in anticipation of litigation or for trial by or for any party to this action other than this defendant. 4. Incident or Accident refers to the car accident that took place in Washington County, Florida, on or about December 24, 2016. 5. Social media is defined as websites or applications that enable users to create and share content or to participate in social networking, which include but are not limited to Facebook, Instagram, Snapchat, Google+, WhatsApp, Twitter, and/or Tumblr. 6. Identify, when referred: (a) To a person means to state his or her full name, present or last known residential address, present or last known employment address, residential telephone number, employment telephone number, date of birth, social security number, and driver license state and number. (b) To a public or private corporation, partnership, association, or other organization or to a governmental body means to state its full name, present or last known pertinent business address, business telephone number, and the names and positions of all persons known to you who are associated with such entity. (c) To a statement means to identify who made it, who took or recorded it, and all others, if any, present during the making thereof; to state when, where, and how it was Page | 2taken or recorded, and to identify who has present or last known possession, custody, or control thereof; (d) To a document means to give a reasonably detailed description thereof, including, if applicable, when, where, and how it was made; to identify who made it; and to identify who has present or last known possession, custody, or control thereof; and (e) To any other tangible things means to give a reasonably detailed description thereof, including, if applicable, when, where, and how it was made; to identify who made it; and to identify who has present or last known possession, custody, or control thereof. 7. Whenever a listing or identification of documents is requested in these interrogatories, plaintiff may, as to each document to be listed, and in lieu of such listing or identification, attach copies to the answers or state when and. where plaintiff will produce such document for inspection and copying by this defendant. 8. If an interrogatory is objected to in part, the objected to part or scope should be identified, the reasons for the objection clearly stated, and a complete answer to the remaining portions provided. REQU FOR PRODUCTION 1. Screen shots of all your social media accounts forty-eight (48) hours prior to and forty-eight (48) hours after the traffic accident subject hereto. Social media includes, but is not limited to, Facebook, Instagram, Snapchat, Google+, WhatsApp, Twitter, and/or Tumblr. 2. Account records for any debit, prepaid, or credit cards you had at the time of the accident, for the period of forty-eight (48) hours prior to and forty-eight (48) hours after the Page | 3traffic accident subject hereto. This can include statements, receipts, photographs, or other representations of purchases made on any account. 3. Cell phone records or call logs for any cell phone you possessed at the time of the accident, for the period of forty-eight (48) hours prior to and forty-eight (48) hours after the traffic accident subject hereto. 4. A copy of any statement, message, or conversation made regarding the accident via any format, including but not limited to email, text or private message, photograph, social media post, no matter when such communication occurred. 5. A copy of any statement, message, or conversation about your plans for December 23 and/or 24, 2016, whether made that day or any time prior to that day, in any format, including but not limited to email, text or private message, photography, or social media post. 6. Screen shots of all social media messages regarding the accident, no matter when made. 7. A copy of any medical treatment you received due to the accident, including any laboratory reports. 8. A copy of anything that supports the affirmative defenses as listed in your Answer. 9. A copy of any photographs taken of the vehicle involved in the accident, showing the vehicle’s condition after the accident but before any repairs, if any were made. 10. Screen shots or copies of any photographs of you on December 23 and 24, 2016, regardless of who took such photographs or where they are stored. Page | 4DONE this the 30" day of April, 2018. /s/ Richard E. Crum, Esq. Richard E. Crum Florida Bar No.: 0047058 Attorney for Plaintiffs OF COUNSEL: SHEALY, CRUM & PIKE P.O. Box 6346 Dothan, Alabama 36302 (334) 677-3000 TO BE SERVED UPON DEFENDANT WITH COMPLAINT Page | 5IN THE CIRCUIT COURT OF THE FOURTEENTH JUDICIAL CIRCUIT, IN AND FOR WASHINGTON COUNTY, FLORIDA SHANNON R. COLLINS; HOYT S. ) McLENDON; PATRICK S. CHILDERS; and, STEVEN M. ) McLENDON, ) Plaintiffs. ) vs. Case No.: ) MICHAEL CHRISTOPHER MADER, SHELIA CLOUD MADER, and ) Fictitious parties Defendants A-Z, whether singular or plural, being those ) individuals, businesses, associations, or corporations, or other entities who or by ) which by themselves or by agent or representative caused or contributed to ) cause the incident made the basis of this Complaint, ) Defendants. ) PLAINTIFEF’S REQUESTS FOR PRODUCTION OF DOCUMENTS TO DEFENDANT, SHEILA CLOUD MADER Plaintiffs hereby propound the following Requests for Production of Documents pursuant to the applicable Florida Rules of Civil Procedure to be answered under oath by Defendant, Sheila Cloud Mader. DEFINITIONS AND INSTRUCTIONS 1. Statement includes any written or oral statement made, signed, or otherwise adopted or approved by the person making it, and any stenographic, mechanical, electrical, or other recording, or a transcription thereof, which is a substantially verbatim recital or an oral statement by the person making it and contemporaneously recorded.2. Document includes any written or recorded information however produced or reproduced, including writings, drawings, graphs, charts, information stored on a computer, photographs, video tapes, audio tapes, phone records, and other data compilations from which information can be obtained or translated. 3. Statement, document and tangible thing each includes, but is not limited to, any such item prepared in anticipation of litigation or for trial by or for any party to this action other than this defendant. 4. Incident or Accident refers to the car accident that took place in Washington County, Florida, on or about December 24, 2016. 5. Social media is defined as websites or applications that enable users to create and share content or to participate in social networking, which include but are not limited to Facebook, Instagram, Snapchat, Google+, WhatsApp, Twitter, and/or Tumblr. 6. Identify, when referred: (a) To a person means to state his or her full name, present or last known residential address, present or last known employment address, residential telephone number, employment telephone number, date of birth, social security number, and driver license state and number. (b) To a public or private corporation, partnership, association, or other organization or to a governmental body means to state its full name, present or last known pertinent business address, business telephone number, and the names and positions of all persons known to you who are associated with such entity. (c) To a statement means to identify who made it, who took or recorded it, and all others, if any, present during the making thereof; to state when, where, and how it wastaken or recorded, and to identify who has present or last known possession, custody, or control thereof; (d) To a document means to give a reasonably detailed description thereof, including, if applicable, when, where, and how it was made; to identify who made it; and to identify who has present or last known possession, custody, or control thereof; and (e) To any other tangible things means to give a reasonably detailed description thereof, including, if applicable, when, where, and how it was made; to identify who made it; and to identify who has present or last known possession, custody, or control thereof. 7. Whenever a listing or identification of documents is requested in these interrogatories, plaintiff may, as to each document to be listed, and in lieu of such listing or identification, attach copies to the answers or state when and. where plaintiff will produce such document for inspection and copying by this defendant. 8. If an interrogatory is objected to in part, the objected to part or scope should be identified, the reasons for the objection clearly stated, and a complete answer to the remaining portions provided. REQUESTS FOR PRODUCTION 1. Screen shots of all your social media accounts forty-eight (48) hours prior to and forty-eight (48) hours after the traffic accident subject hereto. Social media includes, but is not limited to, Facebook, Instagram, Snapchat, Google+, WhatsApp, Twitter, and/or Tumblr. 2. Records for the vehicle involved in the traffic accident subject hereto. Said records should include, but not be limited to, purchase documents, title documents, insurancepolicies, vehicle repair/service records, traffic violations for anyone using said vehicle, or any accident and/or incident reports. 3. Cell phone records or call logs for any cell phone you possessed at the time of the accident, for the period of forty-eight (48) hours prior to and forty-eight (48) hours after the traffic accident subject hereto. 4. A copy of any statement, message, or conversation made regarding the accident via any format, including but not limited to email, text or private message, photograph, social media post, no matter when such communication occurred. 5. A copy of any statement, message, or conversation about Michael Christopher Mader’s plans for December 23 and/or 24, 2016, whether made that day or any time prior to that day, in any format, including but not limited to email, text or private message, photography, or social media post. 6. Screen shots of all social media messages regarding the accident, no matter when made. 7. A copy of anything that supports the affirmative defenses as listed in your Answer. 8. A copy of any photographs taken of the vehicle involved in the accident, showing the vehicle’s condition before and after the accident but before any repairs, if any were made. 9. Screen shots or copies of any photographs of Michael Christopher Mader on December 23 and 24, 2016, regardless of who took such photographs or where they are stored.DONE this the 30" day of April, 2018. /s/ Richard E. Crum, Esq. Richard E. Crum Florida Bar No.: 0047058 Attorney for Plaintiffs OF COUNSEL: SHEALY, CRUM & PIKE P.O. Box 6346 Dothan, Alabama 36302 (334) 677-3000 TO BE SERVED UPON DEFENDANT WITH COMPLAINTIN THE CIRCUIT COURT OF THE FOURTEENTH JUDICIAL CIRCUIT, IN AND FOR WASHINGTON COUNTY, FLORIDA SHANNON R. COLLINS; HOYT S. ) McLENDON; PATRICK S. CHILDERS; and, STEVEN M. ) McLENDON, ) Plaintiffs. ) vs. Case No.: ) MICHAEL CHRISTOPHER MADER, SHELIA CLOUD MADER, and ) Fictitious parties Defendants A-Z, whether singular or plural, being those ) individuals, businesses, associations, or corporations, or other entities who or by ) which by themselves or by agent or representative caused or contributed to ) cause the incident made the basis of this Complaint, ) Defendants. ) PLAITNIFFS’ FIRST REQUESTS FOR ADMISSIONS OF FACT TO DEFENDANT, MICHAEL CHRISTOPHER MADER COME NOW THE PLAINTIFFS, Shannon Collins, et al, and hereby propound the following requests for admissions of fact pursuant to the applicable Florida Rules of Civil Procedure, to be answered separately and severally under oath by Defendant. Failure to timely answer the following admissions will result in them being deemed admitted as true: ADMISSIONS OF FACT In the following, the word “you” refers to Defendant, Michael Christopher Mader. 1. Admit that you consumed at least one alcoholic beverage within one (1) hour of the traffic accident that is the basis of this lawsuit.10. 11. 12. Admit that you consumed at least one alcoholic beverage within two (2) hours of the traffic accident that is the basis of this lawsuit. Admit that you consumed at least one alcoholic beverage within three (3) hours of the traffic accident that is the basis of this lawsuit. Admit that you consumed at least one alcoholic beverage within six (6) hours of the traffic accident that is the basis of this lawsuit. Admit that you consumed at least one alcoholic beverage within nine (9) hours of the traffic accident that is the basis of this lawsuit. Admit that you consumed at least one alcoholic beverage within twelve (12) hours of the traffic accident that is the basis of this lawsuit. Admit that you consumed at least one alcoholic beverage within fifteen (15) hours of the traffic accident that is the basis of this lawsuit. Admit that you consumed at least one alcoholic beverage within eighteen (18) hours of the traffic accident that is the basis of this lawsuit. Admit that you consumed at least one alcoholic beverage within twenty-one (21) hours of the traffic accident that is the basis of this lawsuit. Admit that you consumed at least one alcoholic beverage within twenty-four (24) hours of the traffic accident that is the basis of this lawsuit. Admit that you consumed one to three (1-3) alcoholic beverages within twenty- four (24) hours of the traffic accident that is the basis of this lawsuit. Admit that you consumed four to six (4-6) alcoholic beverages within twenty-four (24) hours of the traffic accident that is the basis of this lawsuit.13. 14, 15. 16. 17. 18. 19. 20. 21. 22. 23. Admit that you consumed seven to eight (7-8) alcoholic beverages within twenty- four (24) hours of the traffic accident that is the basis of this lawsuit. Admit that you consumed nine to ten (9-10) alcoholic beverages within twenty- four (24) hours of the traffic accident that is the basis of this lawsuit. Admit that you consumed eleven to twelve (11-12) alcoholic beverages within twenty-four (24) hours of the traffic accident that is the basis of this lawsuit. Admit that you consumed more than thirteen (13+) alcoholic beverages within twenty-four (24) hours of the traffic accident that is the basis of this lawsuit. Admit that you consumed one to three (1-3) alcoholic beverages within one (1) hour of the traffic accident that is the basis of this lawsuit. Admit that you consumed four to six (4-6) alcoholic beverages within one (1) hour of the traffic accident that is the basis of this lawsuit. Admit that you consumed seven to eight (7-8) alcoholic beverages within one (1) hour of the traffic accident that is the basis of this lawsuit. Admit that you consumed nine to ten (9-10) alcoholic beverages within one (1) hour of the traffic accident that is the basis of this lawsuit. Admit that you consumed eleven to twelve (11-12) alcoholic beverages within one (1) hour of the traffic accident that is the basis of this lawsuit. Admit that you consumed more than thirteen (13+) alcoholic beverages within one (1) hour of the traffic accident that is the basis of this lawsuit. Admit that you consumed one to three (1-3) alcoholic beverages within two (2) hours of the traffic accident that is the basis of this lawsuit.24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34, Admit that you consumed four to six (4-6) alcoholic beverages within two (2) hours of the traffic accident that is the basis of this lawsuit. Admit that you consumed seven to eight (7-8) alcoholic beverages within two (2) hours of the traffic accident that is the basis of this lawsuit. Admit that you consumed nine to ten (9-10) alcoholic beverages within two (2) hours of the traffic accident that is the basis of this lawsuit. Admit that you consumed eleven to twelve (11-12) alcoholic beverages within two (2) hours of the traffic accident that is the basis of this lawsuit. Admit that you consumed more than thirteen (13+) alcoholic beverages within two (2) hours of the traffic accident that is the basis of this lawsuit. Admit that you consumed one to three (1-3) alcoholic beverages within three (3) hours of the traffic accident that is the basis of this lawsuit. Admit that you consumed four to six (4-6) alcoholic beverages within three (3) hours of the traffic accident that is the basis of this lawsuit. Admit that you consumed seven to eight (7-8) alcoholic beverages within three (3) hours of the traffic accident that is the basis of this lawsuit. Admit that you consumed nine to ten (9-10) alcoholic beverages within three (3) hours of the traffic accident that is the basis of this lawsuit. Admit that you consumed eleven to twelve (11-12) alcoholic beverages within three (3) hours of the traffic accident that is the basis of this lawsuit. Admit that you consumed more than thirteen (13+) alcoholic beverages within three (3) hours of the traffic accident that is the basis of this lawsuit.35. 36. 37. 38. 39. 40. 41. 42. 43. 44, 45. Admit that you consumed one to three (1-3) alcoholic beverages within six (6) hours of the traffic accident that is the basis of this lawsuit. Admit that you consumed four to six (4-6) alcoholic beverages within six (6) hours of the traffic accident that is the basis of this lawsuit. Admit that you consumed seven to eight (7-8) alcoholic beverages within six (6) hours of the traffic accident that is the basis of this lawsuit. Admit that you consumed nine to ten (9-10) alcoholic beverages within six (6) hours of the traffic accident that is the basis of this lawsuit. Admit that you consumed eleven to twelve (11-12) alcoholic beverages within six (6) hours of the traffic accident that is the basis of this lawsuit. Admit that you consumed more than thirteen (13+) alcoholic beverages within six (6) hours of the traffic accident that is the basis of this lawsuit.