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Filing # 181001990 E-Filed 09/01/2023 01:29:54 PM
IN THE CIRCUIT COURT OF THE FOURTH JUDICIAL CIRCUIT
IN AND FOR DUVAL COUNTY FLORIDA
CASE NO.: 2023-CA-001825
DIVISION: CV-H
SHARAD MARTIN,
Plaintiff,
v.
CLANCY SKEELS, ROBERT SKEELS,
and CRISTINA SKEELS,
Defendants.
____________________________________/
PLAINTIFF’S MOTION FOR SANCTIONS FOR INTENTIONAL SPOLIATION OF
EVIDENCE BY DEFENDANTS OR, ALTERNATIVELY, MOTION FOR SANCTIONS
FOR NEGLIGENT SPOLIATION OF EVIDENCE BY DEFENDANTS
NOW COMES Plaintiff, SHARAD MARTIN, (hereinafter “Plaintiff”), by and through
the undersigned counsel and pursuant to Florida Rules of Civil Procedure 1.350 and 1.380, hereby
files this Motion for Sanctions for Intentional Spoliation of Evidence by Defendants or,
alternatively, Motion for Sanctions for Negligent Spoliation of Evidence by Defendants, and in
support thereof as follows:
1. Defendants have intentionally discarded critical evidence, to wit: the automobile
operated by Defendant, CLANCY SKEELS, at the time of the motor vehicle collision that
occurred on August 9, 2022, and is the subject of Plaintiff’s claim.
2. Based on the factual record and incorporated Memorandum of Law detailed below,
Defendants had a legal duty to preserve the automobile operated by Defendant, CLANCY
SKEELS, on the day of the subject collision regarding Plaintiff’s claim, yet failed to do so.
ACCEPTED: DUVAL COUNTY, JODY PHILLIPS, CLERK, 09/06/2023 03:24:28 PM
3. Therefore, Plaintiff is seeking sanctions against Defendants for the intentional
discarding of the automobile operated and driven by the Defendant on the day of the subject
collision.
A. Factual Record
1. This case arises out of an August 9, 2022, motor vehicle collision in Duval County,
Florida.
2. On August 9, 2022, Defendant, CLANCY SKEELS, operated a 2015 Honda Cross
Tour bearing vehicle identification number 5J6TF3H37FL002423, when he and the Plaintiff were
involved in a motor vehicle collision. The Defendant’s vehicle was damaged in the crash. (Exhibit
A – Crash Report)
3. On August 12, 2022, Plaintiff issued a Preservation of Evidence letter to State Farm
via Certified US Mail and facsimile, and to Defendants, CLANCY SKEELS and ROBERT
SKEELS, via Certified US Mail and US Mail. The Preservation of Evidence letters requested that
the insured’s vehicle that was involved in the collision on August 9, 2022, be preserved. (Exhibit
B – Preservation of Evidence)
4. Plaintiff’s counsel’s Preservation of Evidence letters read, in part, “our firm
represents Mr. Sharad Martin for personal injuries he sustained as a result of a collision which
occurred on August 9, 2022, in Duval County, Florida. This letter serves to formally request the
preservation of certain evidence related to the collision. If you fail to properly secure and preserve
these important pieces of evidence, it will give rise to the legal presumption that the evidence
would have been harmful to your side of the case. The destruction, alteration, or loss of any of the
below may constitute spoliation of evidence under Florida law. We specifically request that the
following evidence be maintained and preserved and not be destroyed, modified, altered, repaired,
or changed in any manner: 1. Your insured's vehicle that was involved in this collision. (We want
to be able to inspect and photograph the vehicle before repairs are made)…” (Please see Exhibit
B)
5. On March 17, 2023, Plaintiff initiated the instant action against Defendants,
CLANCY SKEELS, ROBERT SKEELS and CRISTINA SKEELS , alleging that he was injured
in a motor vehicle collision, and that he is owed damages. (Exhibit C - Complaint)
6. On June 7, 2023, Plaintiff filed Plaintiff’s Request for Vehicle Inspection, which
requested Defendants’ 2015 Honda Cross Tour to be made available for inspection. (Exhibit D –
Plaintiff’s Request for Vehicle Inspection)
7. On July 17, 2023, Defendants’ filed a response to Plaintiff’s Notice of Inspection
and advised that the vehicle Defendant, CLANCY SKEELS, was driving on the date of the incident
and that was owned by Defendants, ROBERT SKEELS and CRISTINA SKEELS, bearing the
vehicle identification number 5J6TF3H37FL002423, was ‘not in the possession, custody or
control of the Defendant as a certificate of destruction was issued for the vehicle and the salvage
was sold’. (Exhibit E – Defendants’ Response to Plaintiff’s Request for Production)
B. Memorandum of Law
Florida courts have defined spoliation as the “intentional destruction, mutilation, alteration,
or concealment of evidence.” Golden Yachts, Inc. v. Hall, 920 So. 2d 777, 780 (Fla. 4th DCA
2006) (quoting Black's Law Dictionary 1437 (8th ed. 2004)). In order for a court to establish that
spoliation occurred, it must be able to determine that: (1) the evidence sought existed at one time;
(2) the spoliator had a duty to preserve the evidence; and (3) that evidence was critical to another
party's ability to prove its prima facie case or prove a defense. Id. at 781.
In this case, all three elements are met. First, it is evident that the vehicle exists as the
Defendant, CLANCY SKEELS, stated that he was driving a “2015 Honda Cross Tour
VIN#5J6TF3H37FL002423,” at the time of the incident described in the complaint in his verified
answers to Plaintiff’s interrogatories, filed May 9, 2023. (Exhibit F – Defendant’s Answers to
Plaintiff’s Interrogatories). The vehicle was also identified in the Florida Crash report, by make,
model, and VIN number as the vehicle driven by defendant, CLANCY SKEELS, at the time and
date of the subject collision. (Please see Exhibit A). Second, Plaintiff issued a Preservation of
Evidence letter to State Farm via Certified US Mail and facsimile, and to Defendants, CLANCY
SKEELS and ROBERT SKEELS, via Certified US Mail and US Mail, requesting that the vehicle
that was involved in the collision on August 9, 2022, be preserved. (Please See Exhibit B). The
letter further expresses Plaintiff’s counsel’s need to inspect and photograph the vehicle. Finally,
the Defendant’s vehicle is critical to Plaintiff’s ability to prove their prima facie case, specifically,
examination of the Defendant’s vehicle could potentially provide proof that Defendant negligently
operated the vehicle on the day of the subject collision, such that he struck the vehicle Plaintiff
occupied.
After the court has determined that spoliation has occurred, the court can impose sanctions
on the party who lost, destroyed, or misplaced the evidence. See Martino v. Wal-Mart Stores, Inc.,
908 So. 2d 342 (Fla. 2005). The type of sanction imposed depends on the manner in which the
evidence was lost, destroyed, or misplaced. Id. If the loss of evidence was intentional, the court
can impose sanctions pursuant to Florida Rule of Civil Procedure 1.380(b)(2) and the jury is
permitted to infer that the records would have evidence of negligence. Id. at 346. If the loss of the
evidence was negligent, a rebuttable adverse presumption will be imposed during trial due to the
lack of evidence. Id. at 347; see also Golden Yachts, 920 So. 2d at 780. Finally, if the loss of the
evidence does not rise to the level of an intentional or negligent action, the court must still impose
an adverse inference jury instruction that the evidence was self-damaging to the party who lost the
evidence. Id.
WHEREFORE, the Plaintiff, SHARAD MARTIN, respectfully requests that this
Honorable Court enter sanctions against Defendants, CLANCY SKEELS, ROBERT SKEELS and
CRISTINA SKEELS, in the form of: (a) any sanctions available under Rule 1.280(b)(2) that this
Honorable Court deems appropriate; (b) a jury instruction that the absence of the vehicle operated
and owned by the Defendant at the time of the subject collision is conclusive evidence that vehicle
was harmful to the Defendants; (c) an adverse inference jury instruction that the vehicle operated
and owned by the Defendants at the time of the subject collision included information harmful to
the Defendants; and/or (d) any other relief or sanctions that this Honorable Court deems just and
proper in light of the foregoing.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on the 1st day of September 2023, this document was filed
using the Florida Courts E-Filing Portal. This document is being served on all counsel of record
by the Florida Courts E-Filing Portal, pursuant to and in compliance with Fla. R. Jud. Admin.
2.516. The mailing address for Defendants’ counsel is: Thomas C. Smith, Esq., W. Eric Fasking
& Associates, 1301 Riverplace Blvd., Suite 1904, Jacksonville, FL 32207; flor.law-jax-clc-
pleadings@statefarm.com; tom.smith@statefarm.com; flor.law-
tomsmith.487o19@statefarm.com.
/s/ Maria R. D’Amico
MARIA R. D’AMICO (FL Bar No. 0126435)
RONALD E. SHOLES, P.A.
4608 Norwood Avenue, Jacksonville, Florida 32206
Ph: 904-309-7822 Fax: 904-240-0640
Primary Email: RonSholesPA-Team10-Eservice@YouHurtWeFight.com
Counsel for Plaintiff
FLORIDA TRAFFIC CRASH REPORT EXHIBIT A HIGHWAY SAFETY & MOTOR VEHICLES,
LONG FORM X SHORT FORM UPDATE TRAFFIC CRASH RECORDS
NEIL KIRKMAN BUILDING, TALLAHASSEE, FL 32399-0537
(Electronic Version)
Date of Crash Time of Crash Date of Report Invest. Agency Report Number HSMV Crash Report Number
09/Aug/2022 02:57 PM 09/Aug/2022 02:57 PM 09/Aug/2022 03:39 PM 461639 25325577
CRASH IDENTIFIERS
County Code City Code County of Crash Place or City of Crash Within City Limits Time Reported Time Dispatched
02 38 DUVAL JACKSONVILLE Yes 09/Aug/2022 09/Aug/2022
02:57 PM 03:17 PM
Time on Scene Time Cleared Scene Completed Reason (if Investigation NOT Completed) Notified By
09/Aug/2022 09/Aug/2022 04:31 Yes Law Enforcement
03:23 PM PM
ROADWAY INFORMATION
Crash Occured On Street, Road, Highway At Street Address# At Lattitude and Longitude
ATLANTIC BLVD 30.3054411797219 -81.634020249711099
At Feet Or Miles Direction From Intersection With Street, Road, Highway Or From Milepost #
0 SAN MATEO AVE
Road System Identifier Type Of Shoulder Type Of Intersection
2 U.S. 3 Curb 2 Four-Way Intersection
CRASH INFORMATION (Check if Pictures Taken)
light Condition Weather Condition Roadway Surface Condition School Bus Related Manner Of Collision
1 Daylight 2 Cloudy 2 Wet 1 No 3 Angle
First Harmful Event Type First Harmful Event First Harmful Event Location Within Interchange First Harmful Event Relation to Junction
14 1 On Roadway No 2 Intersection
Contributing Circumstances: Road Contributing Circumstances: Road Contributing Circumstances: Road
1 None
Contributing Circumstances: Environment Contributing Circumstances: Environment Contributing Circumstances: Environment
1 None
Work Zone Related Crash In Work Zone Type Of Work Zone Workers In Work Zone Law Enforcement In Work Zone
1 No
VEHICLE (Check if Commercial)
Vehicle Motor Vehicle Type Hit and Run Veh License Number State Reg. Expires Permanent Reg. VIN
2 1 Vehicle in Transport 1 No JSEM84 FL 30/Jun/2023 No 2C4RDGBG9HR855764
Year Make Model Style Color Extent of Damage Est. Damage Towed Due To Damage Vehicle Removed By Rotation
2017 DODG GRAND LL WHI Functional 5000 No TOWED BY OWNER Owner Request
CARAVA
Insurance Company Insurance Policy Number
NEW YORK MARINE & GENERAL INS CO AU2021TLP07391
Name of Vehicle Owner (Check Box If Business) X Current Address (Number and Street) City and State Zip Code
CHECKER YELLOW CAB OF JACKSONVILLE 5154 EDWARD ST JACKSONVILLE FL 32254-1621
Trailer License Number State Reg. Expires Permanent Reg. VIN Year Make Length Axles
One:
Trailer License Number State Reg. Expires Permanent Reg. VIN Year Make Length Axles
Two:
Vehicle Direction On Street, Road, Highway At Est. Speed Posted Speed Total Lanes
Traveling: West ATLANTIC BLVD 35 40 4
CMV Configuration Cargo Body Type Area of Initial Impact Most Damaged Area
Comm GVWR/GCWR Trailer Type (trailer one) Trailer Type (trailer two)
Haz. Mat. Release Haz Mat. Placard Number Class
Motor Carrier Name US DOT Number
Motor Carrier Address City and State Zip Code Phone Number
Comm/Non-Commercial Vehicle Body Type Vehicle Defects (one) Vehicle Defects (two) Emergency Vehicle Use Speciual Function of MV
16 (Sport) Utility Vehicle 1 None 1 No 1 No Special Function
Vehicle Maneuver Action Trafficway Roadway Grade Roadway Alignment Most Harmful Event Most Harmful Event Detail
1 Straight Ahead 3 Two-Way, Divided, 1 Level 1 Straight 2 Collision with Non-Fixed 14 Motor Vehicle in Transport
Unprotected (painted >4 Object
feet) Median
Traffic Control Device For This Vehicle First (1) Sequence of Events Second (2) Sequence of Events Third (3) Sequence of Events Fourth (4) Sequence of Events
5 Traffic Control Signal 2 Collision with Non-Fixed
Object
14 Motor Vehicle in Transport
VEHICLE (Check if Commercial)
Vehicle Motor Vehicle Type Hit and Run Veh License Number State Reg. Expires Permanent Reg. VIN
1 1 Vehicle in Transport 1 No KAAR13 FL 10/Oct/2022 No 5J6TF3H37FL002423
Year Make Model Style Color Extent of Damage Est. Damage Towed Due To Damage Vehicle Removed By Rotation
2015 HOND CROSSTOUR LL WHI Functional 5000 No TOWED BY OWNER Owner Request
HSMV 90010 S Page 1 of 4
Date of Crash Date of Report Invest. Agency Report Number HSMV Crash Report Number
09/Aug/2022 02:57 PM 09/Aug/2022 02:57 PM 461639 25325577
Insurance Company Insurance Policy Number
STATE FARM 265 7524-A10-59D
Name of Vehicle Owner (Check Box If Business) Current Address (Number and Street) City and State Zip Code
ROBERT WARREN SKEELS 1168 NICHOLSON RD JACKSONVILLE FL 32207
Trailer License Number State Reg. Expires Permanent Reg. VIN Year Make Length Axles
One:
Trailer License Number State Reg. Expires Permanent Reg. VIN Year Make Length Axles
Two:
Vehicle Direction On Street, Road, Highway At Est. Speed Posted Speed Total Lanes
Traveling: South SAN MATEO AVE 5 30 2
CMV Configuration Cargo Body Type Area of Initial Impact Most Damaged Area
Comm GVWR/GCWR Trailer Type (trailer one) Trailer Type (trailer two)
Haz. Mat. Release Haz Mat. Placard Number Class
Motor Carrier Name US DOT Number
Motor Carrier Address City and State Zip Code Phone Number
Comm/Non-Commercial Vehicle Body Type Vehicle Defects (one) Vehicle Defects (two) Emergency Vehicle Use Speciual Function of MV
16 (Sport) Utility Vehicle 1 None 1 No 1 No Special Function
Vehicle Maneuver Action Trafficway Roadway Grade Roadway Alignment Most Harmful Event Most Harmful Event Detail
3 Turning Left 1 Two-Way, Not Divided 1 Level 1 Straight 2 Collision with Non-Fixed 14 Motor Vehicle in Transport
Object
Traffic Control Device For This Vehicle First (1) Sequence of Events Second (2) Sequence of Events Third (3) Sequence of Events Fourth (4) Sequence of Events
5 Traffic Control Signal 2 Collision with Non-Fixed
Object
14 Motor Vehicle in Transport
PERSON RECORD
Person# Description Vehicle # Name Date of Birth Sex Phone Number Re-Exam
1 1 Driver 1 CLANCY FREDERICK SKEELS 20/May/2006 1 Male 904-200-2925 No
Address City State Zip Code
1168 NICHOLSON RD JACKSONVILLE FL 32207
Driver License Number State Expires DL Type Req. End. Injury Severity Ejection
S420106061800 FL 20/May/2030 5 E/Operator 3 No Req 2 Possible 1 Not Ejected
Endorsement
Restraint System Air Bag Deployed Helmet Use Eye Protection Seating Location Seat Seating Location Row Seating Location Other
3 Shoulder and Lap Belt 2 Not Deployed 3 Not Applicable 1 Left 1 Front 1 Not Applicable
Used
Drivers Actions at Time of Crash (first) Drivers Actions at Time of Crash (second) Driver Distracted By Vision Obstruction
11 Ran Red Light 88 Unknown 1 Vision Not Obscured
Drivers Actions at Time of Crash (third) Drivers Actions at Time of Crash (fourth) Drivers Condition at Time of Crash
1 Apparently Normal
Suspected Alcohol Use Alcohol Tested Alcohol Test Type Alcohol Test Result BAC Suspected Drug Use Drug Tested Drug Test Type Drug Test Result
1 No 1 Test Not 1 No 1 Test Not Given
Given
Source of Transport to Medical Facility EMS Agency Name or ID EMS Run Number Medical Facility Transported To
1 Not Transported
PERSON RECORD
Person# Description Vehicle # Name Date of Birth Sex Phone Number Re-Exam
2 1 Driver 2 SHARAD FAXON MARTIN 22/Oct/1979 1 Male 352-328-4884 No
Address City State Zip Code
5518 MAHALIA DR JACKSONVILLE FL 32209-2257
Driver License Number State Expires DL Type Req. End. Injury Severity Ejection
M635786793820 FL 22/Oct/2027 5 E/Operator 3 No Req 1 None 1 Not Ejected
Endorsement
Restraint System Air Bag Deployed Helmet Use Eye Protection Seating Location Seat Seating Location Row Seating Location Other
3 Shoulder and Lap Belt 2 Not Deployed 3 Not Applicable 1 Left 1 Front 1 Not Applicable
Used
Drivers Actions at Time of Crash (first) Drivers Actions at Time of Crash (second) Driver Distracted By Vision Obstruction
1 No Contributing Action 1 Not Distracted 1 Vision Not Obscured
Drivers Actions at Time of Crash (third) Drivers Actions at Time of Crash (fourth) Drivers Condition at Time of Crash
1 Apparently Normal
Suspected Alcohol Use Alcohol Tested Alcohol Test Type Alcohol Test Result BAC Suspected Drug Use Drug Tested Drug Test Type Drug Test Result
1 No 1 Test Not 1 No 1 Test Not Given
Given
Source of Transport to Medical Facility EMS Agency Name or ID EMS Run Number Medical Facility Transported To
1 Not Transported
VIOLATIONS
Person# Name Florida Statute Number Charge Citation
1 CLANCY FREDERICK SKEELS 316.1925(1) CARELESS DRIVING AGNWUFE
Page 2 of 4
Date of Crash Date of Report Invest. Agency Report Number HSMV Crash Report Number
09/Aug/2022 02:57 PM 09/Aug/2022 02:57 PM 461639 25325577
NARRATIVE
------------------------------------------------------------------------------------------------------------------------
ID Number Rank Name Troop / Post Officer Agency Phone Number Date Created
85366 CSO D.J. GRAHAM CS332 JACKSONVILLE SHERIFFS OFFIC904 630-0500 Aug 09, 2022
My investigation revealed the following:
Vehicle 1 was traveling southbound on San Mateo Ave at the intersection with Atlantic Blvd.
Vehicle 2 was traveling westbound on Atlantic Blvd towards the intersection with San Mateo Ave.
Driver 1 stated that he thought the light in the intersection was green when he and the vehicle in front of him proceeded through the intersection.
Driver 2 stated that he had the green light going through the intersection when V1 pulled out in front of him, and he could not stop in time to avoid collision.
Video footage from 3116 Atlantic Ave (The Mudville Grille) showed that V1 had a red light when he proceeded into the intersection and collided with V2.
There were no injuries reported.
I observed functional damage to vehicle 1's driver side and functional damage to vehicle 2's front end.
Driver 1 was found at fault for the crash. Driver 1 was cited for careless driving.
REPORTING OFFICER
ID/Badge # Rank and Name Department Type of Department
85366 CSO D.J. GRAHAM JACKSONVILLE SHERIFFS OFFICE SO
Page 3 of 4
Date of Crash Date of Report Invest. Agency Report Number HSMV Crash Report Number
09/Aug/2022 02:57 PM 09/Aug/2022 02:57 PM 461639 25325577
Page 4 of 4
EXHIBIT B
RONALD E. SHOLES, P.A.
Nicholas Bright Northside
Blair Butler 4608 Norwood Ave.
Jacksonville, FL 32206
Todd Butler
Phone: (904) 309-7822
Adam Charlet Main Office: Fax (904) 240-0640
Rebecca Cozart⸭ Arlington
Jacksonville
Garry W. Crews 9282 Atlantic Blvd, 4981 Atlantic Blvd.
Maria R. D'Amico Jacksonville, FL 32225 Jacksonville, FL 32207
Phone: (904) 805-1500 Phone: (904) 309-7800
Cole Dial
Fax (904) 900-4788 Fax: (904) 721-7474
Dennis Dore°
Toll Free (855) We-Fight Southside
Jelisa Hall (855) 933-4448 8761 Perimeter Park Blvd., Ste 104
Abbey Hawk www.YouHurtWeFight.com Jacksonville, FL 32216
Gregory W. Lineberry° Phone: (904) 805-1500
Fax: (904) 683-9282
Marciana Logu
Vanessa Newtson Please Reply to: Westside
6850 103rd Street, Suite 1
Alexander Nobregas Jacksonville, FL 32210
Matthew Rhodes Northside Office Phone: (904) 854-9765
Ronald E. Sholes Fax: (904) 900-3969
Raymond Smith August 12, 2022 Orange Park
637 Blanding Blvd., Suite 4
M. Bradford Stackhouse
⸭ Orange Park, FL 32073
Also licensed in GA, NC and SC
Phone: (904) 272-7575
°Board Certified Civil Trial Lawyer
Fax: (904) 830-4454
Starke
486 N. Temple Ave.
Starke, FL 32091
SENT VIA CMRR NO.: 7012 2920 0001 6147 2336 Phone: (904) 964-4055
TRACKING NO.: 9590 9402 6362 0296 9857 29 Fax: (904) 964-4755
& FACSIMILE: (855) 666-0964 Palatka
700 Reid Street
State Farm Palatka, FL 32177
P.O Box 52250 Phone: (386) 385-3496
Phoenix, AZ 85072 Fax: (386) 530-4969
RE: My Client: Sharad Martin
Your Insured: Robert Skeels
Date of Loss: August 9, 2022
Claim No.: 5937S049Q
PRESERVATION OF EVIDENCE - URGENT
Dear Express Team:
As you may be aware, my firm represents Sharad Martin for personal injuries sustained as a result of a
collision which occurred on August 9, 2022 in Duval County, Florida. I have enclosed a copy of the Drivers
Exchange of Information.
This letter is to formally demand the preservation of certain evidence related to this collision. If you
fail to properly secure and preserve these important pieces of evidence it will give rise to the legal presumption
that the evidence would have been harmful to your side of the case. The destruction, alteration, or loss of any
of the below may constitute a spoliation of evidence under Florida law. We specifically request that the
following evidence be maintained and preserved and not be destroyed, modified, altered, repaired, or changed
in any manner:
1. Your insured’s vehicle that was involved in this collision. (We want to inspect & photograph the
vehicle before repairs are made)
2. Photographs, video, computer generated media, or other recordings of the interior and exterior of
vehicles involved in this collision (prior to any repairs and after any repairs), the collision scene, the occurrence,
or relating to any equipment or things originally located at or near the site of the occurrence.
3. Any data and printout from on-board recording devices, including but not limited to the Event Data
Recorders, ECM (electronic control module or “Black Box”), any on-board computer, tachograph, trip monitor,
trip recorder, trip master, GPS, or other recording or tracking device for the day of the collision and the six (6)
month period preceding the collision for your insured’s vehicle involved in the collision.
4. Any post-collision maintenance, inspection, or repair records or invoices in regard to the vehicle
involved in the above collision.
5. Any e-mails, electronic messages, letters, memos, or other documents concerning this collision.
6. Your insured driver’s cellular telephone text messages made or received by your insured for a period
of time no less than 30 minutes prior to the crash and 30 minutes after.
7. Your insured driver’s cellular telephone/data usage statements, in any form, on [DOA].
8. Your insured’s GPS or GPS application data from their cellular phone, i.e. Waze, Life 360 or the like
on August 9, 2022. Should you not have the capability to retrieve and retrain said data, we ask that you
immediately contact our office at (904) 309-7822, so that we may discuss a local third-party provider with the
means and ability to retrieve and retain the requested data.
9. Any other items associated in any way with the wreck, documents, database, social media or other piece
of evidence concerning or reflecting upon the driver, the collision, or the vehicle.
In order to assure that your obligation to preserve documents and things is met, please immediately
forward a copy of this letter to all persons and entities with custodial responsibility for the items referred to in
this letter.
In regard to your insured’s vehicle involved in this collision, we would like to set up a mutually
convenient time for our firm and/or expert to inspect, examine, and conduct tests on the vehicle and the
ECM/black box. We specifically request that you make no repairs or adjustments to your insured’s
vehicle until this inspection is completed. Please contact us to discuss the scheduling of an inspection.
In the meantime if you have any questions, please do not hesitate to call.
Sincerely,
Maria R. D'Amico
MRD/jb
Enclosure: Drivers Exchange of Information
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RONALD E. SHOLES, P.A.
Nicholas Bright Northside
Blair Butler 4608 Norwood Ave.
Jacksonville, FL 32206
Todd Butler
Phone: (904) 309-7822
Adam Charlet Main Office: Fax (904) 240-0640
Rebecca Cozart⸭ Arlington
Jacksonville
Garry W. Crews 9282 Atlantic Blvd, 4981 Atlantic Blvd.
Maria R. D'Amico Jacksonville, FL 32225 Jacksonville, FL 32207
Phone: (904) 805-1500 Phone: (904) 309-7800
Cole Dial
Fax (904) 900-4788 Fax: (904) 721-7474
Dennis Dore°
Toll Free (855) We-Fight Southside
Jelisa Hall (855) 933-4448 8761 Perimeter Park Blvd., Ste 104
Abbey Hawk www.YouHurtWeFight.com Jacksonville, FL 32216
Gregory W. Lineberry° Phone: (904) 805-1500
Fax: (904) 683-9282
Marciana Logu
Vanessa Newtson Northside Office Westside
6850 103rd Street, Suite 1
Alexander Nobregas August 12, 2022 Jacksonville, FL 32210
Matthew Rhodes Phone: (904) 854-9765
Ronald E. Sholes Fax: (904) 900-3969
Raymond Smith Orange Park
637 Blanding Blvd., Suite 4
M. Bradford Stackhouse
⸭ Orange Park, FL 32073
Also licensed in GA, NC and SC
Phone: (904) 272-7575
°Board Certified Civil Trial Lawyer
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Filing # 181001990 E-Filed 09/01/2023 01:29:54 PM IN THE CIRCUIT COURT OF THE FOURTH JUDICIAL CIRCUIT IN AND FOR DUVAL COUNTY FLORIDA CASE NO.: 2023-CA-001825 DIVISION: CV-H SHARAD MARTIN, Plaintiff, v. CLANCY SKEELS, ROBERT SKEELS, and CRISTINA SKEELS, Defendants. ____________________________________/ PLAINTIFF’S MOTION FOR SANCTIONS FOR INTENTIONAL SPOLIATION OF EVIDENCE BY DEFENDANTS OR, ALTERNATIVELY, MOTION FOR SANCTIONS FOR NEGLIGENT SPOLIATION OF EVIDENCE BY DEFENDANTS NOW COMES Plaintiff, SHARAD MARTIN, (hereinafter “Plaintiff”), by and through the undersigned counsel and pursuant to Florida Rules of Civil Procedure 1.350 and 1.380, hereby files this Motion for Sanctions for Intentional Spoliation of Evidence by Defendants or, alternatively, Motion for Sanctions for Negligent Spoliation of Evidence by Defendants, and in support thereof as follows: 1. Defendants have intentionally discarded critical evidence, to wit: the automobile operated by Defendant, CLANCY SKEELS, at the time of the motor vehicle collision that occurred on August 9, 2022, and is the subject of Plaintiff’s claim. 2. Based on the factual record and incorporated Memorandum of Law detailed below, Defendants had a legal duty to preserve the automobile operated by Defendant, CLANCY SKEELS, on the day of the subject collision regarding Plaintiff’s claim, yet failed to do so. ACCEPTED: DUVAL COUNTY, JODY PHILLIPS, CLERK, 09/06/2023 03:24:28 PM 3. Therefore, Plaintiff is seeking sanctions against Defendants for the intentional discarding of the automobile operated and driven by the Defendant on the day of the subject collision. A. Factual Record 1. This case arises out of an August 9, 2022, motor vehicle collision in Duval County, Florida. 2. On August 9, 2022, Defendant, CLANCY SKEELS, operated a 2015 Honda Cross Tour bearing vehicle identification number 5J6TF3H37FL002423, when he and the Plaintiff were involved in a motor vehicle collision. The Defendant’s vehicle was damaged in the crash. (Exhibit A – Crash Report) 3. On August 12, 2022, Plaintiff issued a Preservation of Evidence letter to State Farm via Certified US Mail and facsimile, and to Defendants, CLANCY SKEELS and ROBERT SKEELS, via Certified US Mail and US Mail. The Preservation of Evidence letters requested that the insured’s vehicle that was involved in the collision on August 9, 2022, be preserved. (Exhibit B – Preservation of Evidence) 4. Plaintiff’s counsel’s Preservation of Evidence letters read, in part, “our firm represents Mr. Sharad Martin for personal injuries he sustained as a result of a collision which occurred on August 9, 2022, in Duval County, Florida. This letter serves to formally request the preservation of certain evidence related to the collision. If you fail to properly secure and preserve these important pieces of evidence, it will give rise to the legal presumption that the evidence would have been harmful to your side of the case. The destruction, alteration, or loss of any of the below may constitute spoliation of evidence under Florida law. We specifically request that the following evidence be maintained and preserved and not be destroyed, modified, altered, repaired, or changed in any manner: 1. Your insured's vehicle that was involved in this collision. (We want to be able to inspect and photograph the vehicle before repairs are made)…” (Please see Exhibit B) 5. On March 17, 2023, Plaintiff initiated the instant action against Defendants, CLANCY SKEELS, ROBERT SKEELS and CRISTINA SKEELS , alleging that he was injured in a motor vehicle collision, and that he is owed damages. (Exhibit C - Complaint) 6. On June 7, 2023, Plaintiff filed Plaintiff’s Request for Vehicle Inspection, which requested Defendants’ 2015 Honda Cross Tour to be made available for inspection. (Exhibit D – Plaintiff’s Request for Vehicle Inspection) 7. On July 17, 2023, Defendants’ filed a response to Plaintiff’s Notice of Inspection and advised that the vehicle Defendant, CLANCY SKEELS, was driving on the date of the incident and that was owned by Defendants, ROBERT SKEELS and CRISTINA SKEELS, bearing the vehicle identification number 5J6TF3H37FL002423, was ‘not in the possession, custody or control of the Defendant as a certificate of destruction was issued for the vehicle and the salvage was sold’. (Exhibit E – Defendants’ Response to Plaintiff’s Request for Production) B. Memorandum of Law Florida courts have defined spoliation as the “intentional destruction, mutilation, alteration, or concealment of evidence.” Golden Yachts, Inc. v. Hall, 920 So. 2d 777, 780 (Fla. 4th DCA 2006) (quoting Black's Law Dictionary 1437 (8th ed. 2004)). In order for a court to establish that spoliation occurred, it must be able to determine that: (1) the evidence sought existed at one time; (2) the spoliator had a duty to preserve the evidence; and (3) that evidence was critical to another party's ability to prove its prima facie case or prove a defense. Id. at 781. In this case, all three elements are met. First, it is evident that the vehicle exists as the Defendant, CLANCY SKEELS, stated that he was driving a “2015 Honda Cross Tour VIN#5J6TF3H37FL002423,” at the time of the incident described in the complaint in his verified answers to Plaintiff’s interrogatories, filed May 9, 2023. (Exhibit F – Defendant’s Answers to Plaintiff’s Interrogatories). The vehicle was also identified in the Florida Crash report, by make, model, and VIN number as the vehicle driven by defendant, CLANCY SKEELS, at the time and date of the subject collision. (Please see Exhibit A). Second, Plaintiff issued a Preservation of Evidence letter to State Farm via Certified US Mail and facsimile, and to Defendants, CLANCY SKEELS and ROBERT SKEELS, via Certified US Mail and US Mail, requesting that the vehicle that was involved in the collision on August 9, 2022, be preserved. (Please See Exhibit B). The letter further expresses Plaintiff’s counsel’s need to inspect and photograph the vehicle. Finally, the Defendant’s vehicle is critical to Plaintiff’s ability to prove their prima facie case, specifically, examination of the Defendant’s vehicle could potentially provide proof that Defendant negligently operated the vehicle on the day of the subject collision, such that he struck the vehicle Plaintiff occupied. After the court has determined that spoliation has occurred, the court can impose sanctions on the party who lost, destroyed, or misplaced the evidence. See Martino v. Wal-Mart Stores, Inc., 908 So. 2d 342 (Fla. 2005). The type of sanction imposed depends on the manner in which the evidence was lost, destroyed, or misplaced. Id. If the loss of evidence was intentional, the court can impose sanctions pursuant to Florida Rule of Civil Procedure 1.380(b)(2) and the jury is permitted to infer that the records would have evidence of negligence. Id. at 346. If the loss of the evidence was negligent, a rebuttable adverse presumption will be imposed during trial due to the lack of evidence. Id. at 347; see also Golden Yachts, 920 So. 2d at 780. Finally, if the loss of the evidence does not rise to the level of an intentional or negligent action, the court must still impose an adverse inference jury instruction that the evidence was self-damaging to the party who lost the evidence. Id. WHEREFORE, the Plaintiff, SHARAD MARTIN, respectfully requests that this Honorable Court enter sanctions against Defendants, CLANCY SKEELS, ROBERT SKEELS and CRISTINA SKEELS, in the form of: (a) any sanctions available under Rule 1.280(b)(2) that this Honorable Court deems appropriate; (b) a jury instruction that the absence of the vehicle operated and owned by the Defendant at the time of the subject collision is conclusive evidence that vehicle was harmful to the Defendants; (c) an adverse inference jury instruction that the vehicle operated and owned by the Defendants at the time of the subject collision included information harmful to the Defendants; and/or (d) any other relief or sanctions that this Honorable Court deems just and proper in light of the foregoing. CERTIFICATE OF SERVICE I HEREBY CERTIFY that on the 1st day of September 2023, this document was filed using the Florida Courts E-Filing Portal. This document is being served on all counsel of record by the Florida Courts E-Filing Portal, pursuant to and in compliance with Fla. R. Jud. Admin. 2.516. The mailing address for Defendants’ counsel is: Thomas C. Smith, Esq., W. Eric Fasking & Associates, 1301 Riverplace Blvd., Suite 1904, Jacksonville, FL 32207; flor.law-jax-clc- pleadings@statefarm.com; tom.smith@statefarm.com; flor.law- tomsmith.487o19@statefarm.com. /s/ Maria R. D’Amico MARIA R. D’AMICO (FL Bar No. 0126435) RONALD E. SHOLES, P.A. 4608 Norwood Avenue, Jacksonville, Florida 32206 Ph: 904-309-7822 Fax: 904-240-0640 Primary Email: RonSholesPA-Team10-Eservice@YouHurtWeFight.com Counsel for Plaintiff FLORIDA TRAFFIC CRASH REPORT EXHIBIT A HIGHWAY SAFETY & MOTOR VEHICLES, LONG FORM X SHORT FORM UPDATE TRAFFIC CRASH RECORDS NEIL KIRKMAN BUILDING, TALLAHASSEE, FL 32399-0537 (Electronic Version) Date of Crash Time of Crash Date of Report Invest. Agency Report Number HSMV Crash Report Number 09/Aug/2022 02:57 PM 09/Aug/2022 02:57 PM 09/Aug/2022 03:39 PM 461639 25325577 CRASH IDENTIFIERS County Code City Code County of Crash Place or City of Crash Within City Limits Time Reported Time Dispatched 02 38 DUVAL JACKSONVILLE Yes 09/Aug/2022 09/Aug/2022 02:57 PM 03:17 PM Time on Scene Time Cleared Scene Completed Reason (if Investigation NOT Completed) Notified By 09/Aug/2022 09/Aug/2022 04:31 Yes Law Enforcement 03:23 PM PM ROADWAY INFORMATION Crash Occured On Street, Road, Highway At Street Address# At Lattitude and Longitude ATLANTIC BLVD 30.3054411797219 -81.634020249711099 At Feet Or Miles Direction From Intersection With Street, Road, Highway Or From Milepost # 0 SAN MATEO AVE Road System Identifier Type Of Shoulder Type Of Intersection 2 U.S. 3 Curb 2 Four-Way Intersection CRASH INFORMATION (Check if Pictures Taken) light Condition Weather Condition Roadway Surface Condition School Bus Related Manner Of Collision 1 Daylight 2 Cloudy 2 Wet 1 No 3 Angle First Harmful Event Type First Harmful Event First Harmful Event Location Within Interchange First Harmful Event Relation to Junction 14 1 On Roadway No 2 Intersection Contributing Circumstances: Road Contributing Circumstances: Road Contributing Circumstances: Road 1 None Contributing Circumstances: Environment Contributing Circumstances: Environment Contributing Circumstances: Environment 1 None Work Zone Related Crash In Work Zone Type Of Work Zone Workers In Work Zone Law Enforcement In Work Zone 1 No VEHICLE (Check if Commercial) Vehicle Motor Vehicle Type Hit and Run Veh License Number State Reg. Expires Permanent Reg. VIN 2 1 Vehicle in Transport 1 No JSEM84 FL 30/Jun/2023 No 2C4RDGBG9HR855764 Year Make Model Style Color Extent of Damage Est. Damage Towed Due To Damage Vehicle Removed By Rotation 2017 DODG GRAND LL WHI Functional 5000 No TOWED BY OWNER Owner Request CARAVA Insurance Company Insurance Policy Number NEW YORK MARINE & GENERAL INS CO AU2021TLP07391 Name of Vehicle Owner (Check Box If Business) X Current Address (Number and Street) City and State Zip Code CHECKER YELLOW CAB OF JACKSONVILLE 5154 EDWARD ST JACKSONVILLE FL 32254-1621 Trailer License Number State Reg. Expires Permanent Reg. VIN Year Make Length Axles One: Trailer License Number State Reg. Expires Permanent Reg. VIN Year Make Length Axles Two: Vehicle Direction On Street, Road, Highway At Est. Speed Posted Speed Total Lanes Traveling: West ATLANTIC BLVD 35 40 4 CMV Configuration Cargo Body Type Area of Initial Impact Most Damaged Area Comm GVWR/GCWR Trailer Type (trailer one) Trailer Type (trailer two) Haz. Mat. Release Haz Mat. Placard Number Class Motor Carrier Name US DOT Number Motor Carrier Address City and State Zip Code Phone Number Comm/Non-Commercial Vehicle Body Type Vehicle Defects (one) Vehicle Defects (two) Emergency Vehicle Use Speciual Function of MV 16 (Sport) Utility Vehicle 1 None 1 No 1 No Special Function Vehicle Maneuver Action Trafficway Roadway Grade Roadway Alignment Most Harmful Event Most Harmful Event Detail 1 Straight Ahead 3 Two-Way, Divided, 1 Level 1 Straight 2 Collision with Non-Fixed 14 Motor Vehicle in Transport Unprotected (painted >4 Object feet) Median Traffic Control Device For This Vehicle First (1) Sequence of Events Second (2) Sequence of Events Third (3) Sequence of Events Fourth (4) Sequence of Events 5 Traffic Control Signal 2 Collision with Non-Fixed Object 14 Motor Vehicle in Transport VEHICLE (Check if Commercial) Vehicle Motor Vehicle Type Hit and Run Veh License Number State Reg. Expires Permanent Reg. VIN 1 1 Vehicle in Transport 1 No KAAR13 FL 10/Oct/2022 No 5J6TF3H37FL002423 Year Make Model Style Color Extent of Damage Est. Damage Towed Due To Damage Vehicle Removed By Rotation 2015 HOND CROSSTOUR LL WHI Functional 5000 No TOWED BY OWNER Owner Request HSMV 90010 S Page 1 of 4 Date of Crash Date of Report Invest. Agency Report Number HSMV Crash Report Number 09/Aug/2022 02:57 PM 09/Aug/2022 02:57 PM 461639 25325577 Insurance Company Insurance Policy Number STATE FARM 265 7524-A10-59D Name of Vehicle Owner (Check Box If Business) Current Address (Number and Street) City and State Zip Code ROBERT WARREN SKEELS 1168 NICHOLSON RD JACKSONVILLE FL 32207 Trailer License Number State Reg. Expires Permanent Reg. VIN Year Make Length Axles One: Trailer License Number State Reg. Expires Permanent Reg. VIN Year Make Length Axles Two: Vehicle Direction On Street, Road, Highway At Est. Speed Posted Speed Total Lanes Traveling: South SAN MATEO AVE 5 30 2 CMV Configuration Cargo Body Type Area of Initial Impact Most Damaged Area Comm GVWR/GCWR Trailer Type (trailer one) Trailer Type (trailer two) Haz. Mat. Release Haz Mat. Placard Number Class Motor Carrier Name US DOT Number Motor Carrier Address City and State Zip Code Phone Number Comm/Non-Commercial Vehicle Body Type Vehicle Defects (one) Vehicle Defects (two) Emergency Vehicle Use Speciual Function of MV 16 (Sport) Utility Vehicle 1 None 1 No 1 No Special Function Vehicle Maneuver Action Trafficway Roadway Grade Roadway Alignment Most Harmful Event Most Harmful Event Detail 3 Turning Left 1 Two-Way, Not Divided 1 Level 1 Straight 2 Collision with Non-Fixed 14 Motor Vehicle in Transport Object Traffic Control Device For This Vehicle First (1) Sequence of Events Second (2) Sequence of Events Third (3) Sequence of Events Fourth (4) Sequence of Events 5 Traffic Control Signal 2 Collision with Non-Fixed Object 14 Motor Vehicle in Transport PERSON RECORD Person# Description Vehicle # Name Date of Birth Sex Phone Number Re-Exam 1 1 Driver 1 CLANCY FREDERICK SKEELS 20/May/2006 1 Male 904-200-2925 No Address City State Zip Code 1168 NICHOLSON RD JACKSONVILLE FL 32207 Driver License Number State Expires DL Type Req. End. Injury Severity Ejection S420106061800 FL 20/May/2030 5 E/Operator 3 No Req 2 Possible 1 Not Ejected Endorsement Restraint System Air Bag Deployed Helmet Use Eye Protection Seating Location Seat Seating Location Row Seating Location Other 3 Shoulder and Lap Belt 2 Not Deployed 3 Not Applicable 1 Left 1 Front 1 Not Applicable Used Drivers Actions at Time of Crash (first) Drivers Actions at Time of Crash (second) Driver Distracted By Vision Obstruction 11 Ran Red Light 88 Unknown 1 Vision Not Obscured Drivers Actions at Time of Crash (third) Drivers Actions at Time of Crash (fourth) Drivers Condition at Time of Crash 1 Apparently Normal Suspected Alcohol Use Alcohol Tested Alcohol Test Type Alcohol Test Result BAC Suspected Drug Use Drug Tested Drug Test Type Drug Test Result 1 No 1 Test Not 1 No 1 Test Not Given Given Source of Transport to Medical Facility EMS Agency Name or ID EMS Run Number Medical Facility Transported To 1 Not Transported PERSON RECORD Person# Description Vehicle # Name Date of Birth Sex Phone Number Re-Exam 2 1 Driver 2 SHARAD FAXON MARTIN 22/Oct/1979 1 Male 352-328-4884 No Address City State Zip Code 5518 MAHALIA DR JACKSONVILLE FL 32209-2257 Driver License Number State Expires DL Type Req. End. Injury Severity Ejection M635786793820 FL 22/Oct/2027 5 E/Operator 3 No Req 1 None 1 Not Ejected Endorsement Restraint System Air Bag Deployed Helmet Use Eye Protection Seating Location Seat Seating Location Row Seating Location Other 3 Shoulder and Lap Belt 2 Not Deployed 3 Not Applicable 1 Left 1 Front 1 Not Applicable Used Drivers Actions at Time of Crash (first) Drivers Actions at Time of Crash (second) Driver Distracted By Vision Obstruction 1 No Contributing Action 1 Not Distracted 1 Vision Not Obscured Drivers Actions at Time of Crash (third) Drivers Actions at Time of Crash (fourth) Drivers Condition at Time of Crash 1 Apparently Normal Suspected Alcohol Use Alcohol Tested Alcohol Test Type Alcohol Test Result BAC Suspected Drug Use Drug Tested Drug Test Type Drug Test Result 1 No 1 Test Not 1 No 1 Test Not Given Given Source of Transport to Medical Facility EMS Agency Name or ID EMS Run Number Medical Facility Transported To 1 Not Transported VIOLATIONS Person# Name Florida Statute Number Charge Citation 1 CLANCY FREDERICK SKEELS 316.1925(1) CARELESS DRIVING AGNWUFE Page 2 of 4 Date of Crash Date of Report Invest. Agency Report Number HSMV Crash Report Number 09/Aug/2022 02:57 PM 09/Aug/2022 02:57 PM 461639 25325577 NARRATIVE ------------------------------------------------------------------------------------------------------------------------ ID Number Rank Name Troop / Post Officer Agency Phone Number Date Created 85366 CSO D.J. GRAHAM CS332 JACKSONVILLE SHERIFFS OFFIC904 630-0500 Aug 09, 2022 My investigation revealed the following: Vehicle 1 was traveling southbound on San Mateo Ave at the intersection with Atlantic Blvd. Vehicle 2 was traveling westbound on Atlantic Blvd towards the intersection with San Mateo Ave. Driver 1 stated that he thought the light in the intersection was green when he and the vehicle in front of him proceeded through the intersection. Driver 2 stated that he had the green light going through the intersection when V1 pulled out in front of him, and he could not stop in time to avoid collision. Video footage from 3116 Atlantic Ave (The Mudville Grille) showed that V1 had a red light when he proceeded into the intersection and collided with V2. There were no injuries reported. I observed functional damage to vehicle 1's driver side and functional damage to vehicle 2's front end. Driver 1 was found at fault for the crash. Driver 1 was cited for careless driving. REPORTING OFFICER ID/Badge # Rank and Name Department Type of Department 85366 CSO D.J. GRAHAM JACKSONVILLE SHERIFFS OFFICE SO Page 3 of 4 Date of Crash Date of Report Invest. Agency Report Number HSMV Crash Report Number 09/Aug/2022 02:57 PM 09/Aug/2022 02:57 PM 461639 25325577 Page 4 of 4 EXHIBIT B RONALD E. SHOLES, P.A. Nicholas Bright Northside Blair Butler 4608 Norwood Ave. Jacksonville, FL 32206 Todd Butler Phone: (904) 309-7822 Adam Charlet Main Office: Fax (904) 240-0640 Rebecca Cozart⸭ Arlington Jacksonville Garry W. Crews 9282 Atlantic Blvd, 4981 Atlantic Blvd. Maria R. D'Amico Jacksonville, FL 32225 Jacksonville, FL 32207 Phone: (904) 805-1500 Phone: (904) 309-7800 Cole Dial Fax (904) 900-4788 Fax: (904) 721-7474 Dennis Dore° Toll Free (855) We-Fight Southside Jelisa Hall (855) 933-4448 8761 Perimeter Park Blvd., Ste 104 Abbey Hawk www.YouHurtWeFight.com Jacksonville, FL 32216 Gregory W. Lineberry° Phone: (904) 805-1500 Fax: (904) 683-9282 Marciana Logu Vanessa Newtson Please Reply to: Westside 6850 103rd Street, Suite 1 Alexander Nobregas Jacksonville, FL 32210 Matthew Rhodes Northside Office Phone: (904) 854-9765 Ronald E. Sholes Fax: (904) 900-3969 Raymond Smith August 12, 2022 Orange Park 637 Blanding Blvd., Suite 4 M. Bradford Stackhouse ⸭ Orange Park, FL 32073 Also licensed in GA, NC and SC Phone: (904) 272-7575 °Board Certified Civil Trial Lawyer Fax: (904) 830-4454 Starke 486 N. Temple Ave. Starke, FL 32091 SENT VIA CMRR NO.: 7012 2920 0001 6147 2336 Phone: (904) 964-4055 TRACKING NO.: 9590 9402 6362 0296 9857 29 Fax: (904) 964-4755 & FACSIMILE: (855) 666-0964 Palatka 700 Reid Street State Farm Palatka, FL 32177 P.O Box 52250 Phone: (386) 385-3496 Phoenix, AZ 85072 Fax: (386) 530-4969 RE: My Client: Sharad Martin Your Insured: Robert Skeels Date of Loss: August 9, 2022 Claim No.: 5937S049Q PRESERVATION OF EVIDENCE - URGENT Dear Express Team: As you may be aware, my firm represents Sharad Martin for personal injuries sustained as a result of a collision which occurred on August 9, 2022 in Duval County, Florida. I have enclosed a copy of the Drivers Exchange of Information. This letter is to formally demand the preservation of certain evidence related to this collision. If you fail to properly secure and preserve these important pieces of evidence it will give rise to the legal presumption that the evidence would have been harmful to your side of the case. The destruction, alteration, or loss of any of the below may constitute a spoliation of evidence under Florida law. We specifically request that the following evidence be maintained and preserved and not be destroyed, modified, altered, repaired, or changed in any manner: 1. Your insured’s vehicle that was involved in this collision. (We want to inspect & photograph the vehicle before repairs are made) 2. Photographs, video, computer generated media, or other recordings of the interior and exterior of vehicles involved in this collision (prior to any repairs and after any repairs), the collision scene, the occurrence, or relating to any equipment or things originally located at or near the site of the occurrence. 3. Any data and printout from on-board recording devices, including but not limited to the Event Data Recorders, ECM (electronic control module or “Black Box”), any on-board computer, tachograph, trip monitor, trip recorder, trip master, GPS, or other recording or tracking device for the day of the collision and the six (6) month period preceding the collision for your insured’s vehicle involved in the collision. 4. Any post-collision maintenance, inspection, or repair records or invoices in regard to the vehicle involved in the above collision. 5. Any e-mails, electronic messages, letters, memos, or other documents concerning this collision. 6. Your insured driver’s cellular telephone text messages made or received by your insured for a period of time no less than 30 minutes prior to the crash and 30 minutes after. 7. Your insured driver’s cellular telephone/data usage statements, in any form, on [DOA]. 8. Your insured’s GPS or GPS application data from their cellular phone, i.e. Waze, Life 360 or the like on August 9, 2022. Should you not have the capability to retrieve and retrain said data, we ask that you immediately contact our office at (904) 309-7822, so that we may discuss a local third-party provider with the means and ability to retrieve and retain the requested data. 9. Any other items associated in any way with the wreck, documents, database, social media or other piece of evidence concerning or reflecting upon the driver, the collision, or the vehicle. In order to assure that your obligation to preserve documents and things is met, please immediately forward a copy of this letter to all persons and entities with custodial responsibility for the items referred to in this letter. In regard to your insured’s vehicle involved in this collision, we would like to set up a mutually convenient time for our firm and/or expert to inspect, examine, and conduct tests on the vehicle and the ECM/black box. We specifically request that you make no repairs or adjustments to your insured’s vehicle until this inspection is completed. Please contact us to discuss the scheduling of an inspection. In the meantime if you have any questions, please do not hesitate to call. Sincerely, Maria R. D'Amico MRD/jb Enclosure: Drivers Exchange of Information HSMV 75901 (REV 06/19) FLORIDA TRAFEIG CRASH .- bRl\iER lN FonmnrloN ExcHANGE SHERIFFS OFFICE tr FL 1 NICHOLSON RD 1 74 NO Year Make Reg. ExPires GRAND CARAVA ,JACKSONVILLE DODG OF FL 621 51 54 ST & Length Year Ittttaxe Reg. ExPires FL 1168 NICHOLSON RD v02 FL MAHALIA DR (ErtJF( t lt\ll I SHERIFFS OFFICE 904 lD Number Rank 85366 CSO D J GRAHATVI USPS TRACKING# First-Class Mail Postage & Fees Paid l|llil] ilr |llllill Iillll|l il|ilr lililr Il|l ill ill USPS Permit No. G-10 15.t0 q qEe b3be Eelb 1s5? e1 United States a your name, and ZIP+ @ in this box' Postal Service S 1r,- Ronald E. Sholes CJ 4608 Norwood Ave 0o lacksonville, FL 32206 {) Z TiarYl lD- Maffll,o, r Poe rrD Bt .\ Irfl'r,f l !l' !ir! hhl,, !,'Lh! r!l'nllril,f,l's!;,1,' t SENDER: COMPLETE THIS SECT,Oru COMPLETE THIS SECTIO,N ON DELIVERY r Complete items 1,2, and 3. A" r Print your name and address on the reverse x so that we can return the card to you. r Attach this card to the back of the mailpiece, B. Received by C. Date of or on the front if space permits. Gr€ d 1. Article Addressed to: D. delivery address different fiom item 1? lf YES, enter delivery address below: El No StateFarm Claims PO Box 52250 Phoenix, M 85072 3. EJ Priority Mail Express@ tr Adult tr Registered MailrM il l ]]ltllltlllffi lilltl|lllrlilt ll il ll I lll Mail@ Delivery tr Registered Mail Restricted' Deliveru 9590 9402 6362 0296 9857 29 El Certified Mail Restricted Delivery Esignatu re Gonf rm at o n rM i i tr Collect on Delivery tr Signature Confirmation o Artiele Number (Transfer from servrce label) tr Collect on Delivery Restricted Delivery Restricted Delivery I 7u E E E I uuu I h I I+ 7 E33h tr lnsured Mail Restricted Delivery PS Form July 2020 PSN Domestic Return RONALD E. SHOLES, P.A. Nicholas Bright Northside Blair Butler 4608 Norwood Ave. Jacksonville, FL 32206 Todd Butler Phone: (904) 309-7822 Adam Charlet Main Office: Fax (904) 240-0640 Rebecca Cozart⸭ Arlington Jacksonville Garry W. Crews 9282 Atlantic Blvd, 4981 Atlantic Blvd. Maria R. D'Amico Jacksonville, FL 32225 Jacksonville, FL 32207 Phone: (904) 805-1500 Phone: (904) 309-7800 Cole Dial Fax (904) 900-4788 Fax: (904) 721-7474 Dennis Dore° Toll Free (855) We-Fight Southside Jelisa Hall (855) 933-4448 8761 Perimeter Park Blvd., Ste 104 Abbey Hawk www.YouHurtWeFight.com Jacksonville, FL 32216 Gregory W. Lineberry° Phone: (904) 805-1500 Fax: (904) 683-9282 Marciana Logu Vanessa Newtson Northside Office Westside 6850 103rd Street, Suite 1 Alexander Nobregas August 12, 2022 Jacksonville, FL 32210 Matthew Rhodes Phone: (904) 854-9765 Ronald E. Sholes Fax: (904) 900-3969 Raymond Smith Orange Park 637 Blanding Blvd., Suite 4 M. Bradford Stackhouse ⸭ Orange Park, FL 32073 Also licensed in GA, NC and SC Phone: (904) 272-7575 °Board Certified Civil Trial Lawyer