Category: Attempted Murder
Bill Windsor Sworn Affidavit – Part 3
Click here for a pdf of the full Affidavit of Prejudice.
Continued from Bill Windsor Sworn Affidavit – Part 2
- Canon 1 of the Florida Code of Judicial Conduct: A JUDGE SHALL UPHOLD THE INTEGRITY AND INDEPENDENCE OF THE JUDICIARY: An independent and honorable judiciary is indispensable to justice in our society. A judge should participate in establishing, maintaining, and enforcing high standards of conduct, and shall personally observe those standards so that the integrity and independence of the judiciary may be preserved. The provisions of this Code should be construed and applied to further that objective.
- The Commentary says: “Deference to the judgments and rulings of courts depends upon public confidence in the integrity and independence of judges. The integrity and independence of judges depend in turn upon their acting without fear or favor. Although judges should be independent, they must comply with the law, including the provisions of this Code. Public confidence in the impartiality of the judiciary is maintained by the adherence of each judge to this responsibility. Conversely, violation of this Code diminishes public confidence in the judiciary and thereby does injury to the system of government under law.
- Judge Jeffrey L. Ashton is not honorable. He maintains the lowest possible standards. He does not comply with the law or the Code of Judicial Conduct. My only confidence is that Judge Jeffrey L. Ashton should be removed as a judge and disbarred. He is a menace to the citizens of the State of Florida.
- Canon 2 A JUDGE SHALL AVOID IMPROPRIETY AND THE APPEARANCE OF IMPROPRIETY IN ALL OF THE JUDGE’S ACTIVITIES: A. A judge shall respect and comply with the law and shall act at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary.
- The Commentary on Canon 2A says: “Irresponsible or improper conduct by judges erodes public confidence in the judiciary. A judge must avoid all impropriety and appearance of impropriety. A judge must expect to be the subject of constant public scrutiny. A judge must therefore accept restrictions on the judge’s conduct that might be viewed as burdensome by the ordinary citizen and should do so freely and willingly. Examples are the restrictions on judicial speech imposed by Sections 3B(9) and (10) that are indispensable to the maintenance of the integrity, impartiality, and independence of the judiciary. The prohibition against behaving with impropriety or the appearance of impropriety applies to both the professional and personal conduct of a judge. Because it is not practicable to list all prohibited acts, the proscription is necessarily cast in general terms that extend to conduct by judges that is harmful although not specifically mentioned in the Code. Actual improprieties under this standard include violations of law, court rules, or other specific provisions of this Code. The test for appearance of impropriety is whether the conduct would create in reasonable minds, with knowledge of all the relevant circumstances that a reasonable inquiry would disclose, a perception that the judge’s ability to carry out judicial responsibilities with integrity, impartiality, and competence is impaired.
- Judge Jeffrey L. Ashton gets an “F” on complying with the law and acting in a manner that promotes public confidence in the integrity and impartiality of the judiciary. ANY reasonable mind, with knowledge of all the relevant circumstances that a reasonable inquiry would disclose, would find that Judge Jeffrey L. Ashton’s ability to carry out judicial responsibilities with integrity, impartiality, and competence is impaired. He has no integrity. He is hopelessly biased against me, and he may be absolutely incompetent to serve as a judge. He may be mentally ill.
- Canon 3 – A JUDGE SHALL PERFORM THE DUTIES OF JUDICIAL OFFICE IMPARTIALLY AND DILIGENTLY: (4) A judge shall be patient, dignified, and courteous to litigants, jurors, witnesses, lawyers, and others with whom the judge deals in an official capacity, and shall require similar conduct of lawyers, and of staff, court officials, and others subject to the judge’s direction and control. (5) A judge shall perform judicial duties without bias or prejudice. A judge shall not, in the performance of judicial duties, by words or conduct manifest bias or prejudice, including but not limited to bias or prejudice based upon race, sex, religion, national origin, disability, age, sexual orientation, or socioeconomic status, and shall not permit staff, court officials, and others subject to the judge’s direction and control to do so. This section does not preclude the consideration of race, sex, religion, national origin, disability, age, sexual orientation, socioeconomic status, or other similar factors when they are issues in the proceeding. (8) A judge shall dispose of all judicial matters promptly, efficiently, and fairly.
- Administrative Responsibilities: (1) A judge shall diligently discharge the judge’s administrative responsibilities without bias or prejudice and maintain professional competence in judicial administration, and should cooperate with other judges and court officials in the administration of court business. (2) A judge shall require staff, court officials, and others subject to the judge’s direction and control to observe the standards of fidelity and diligence that apply to the judge and to refrain from manifesting bias or prejudice in the performance of their official duties.
- Judge Jeffrey L. Ashton and his Judicial Assistant, Keitra Davis, are both biased liars.
- Disqualification: (1) A judge shall disqualify himself or herself in a proceeding in which the judge’s impartiality might reasonably be questioned, including but not limited to instances where: (a) the judge has a personal bias or prejudice concerning a party or a party’s lawyer, or personal knowledge of disputed evidentiary facts concerning the proceeding.
- Judge Jeffrey L. Ashton’s impartiality has been proven, not just “reasonably questioned.” Judge Jeffrey L. Ashton must disqualify himself.
- Commentary to 3B(5): A judge must perform judicial duties impartially and fairly. A judge who manifests bias on any basis in a proceeding impairs the fairness of the proceeding and brings the judiciary into disrepute. Facial expression and body language, in addition to oral communication, can give to parties or lawyers in the proceeding, jurors, the media and others an appearance of judicial bias. A judge must be alert to avoid behavior that may be perceived as prejudicial. Judge Jeffrey L. Ashton is either so mentally ill or so self-righteous that he does and says improper things regularly expecting no repercussions.
- Judge Jeffrey L. Ashton is not impartial, and he has done nothing fairly in regard to me and my case. By manifesting his bias in a variety of ways, he has impaired the fairness of the proceeding and has brought the judiciary into disrepute. Facial expression and body language at the 4/5/2021 hearing, in addition to oral communication, gave me and the lawyers in the proceeding the appearance of judicial bias. The same goes for other hearings.
- Commentary to 3E(1): Under this rule, a judge is disqualified whenever the judge’s impartiality might reasonably be questioned, regardless of whether any of the specific rules in Section 3E(1) apply.
- Judge Jeffrey L. Ashton is DISQUALIFIED.
- At the hearing on 4/5/2021, Judge Jeffrey L. Ashton established his bias against me as a senior citizen and a person with a disability:
- WINDSOR: “Sorry, Your Honor. I do suffer from a cognitive decline that makes it impossible for me to remember if I just took my pills.
- THE COURT: “Well, sir, since you’ve raised that, if you suffer from that cognitive decline so that you can — as you said you can’t remember — you have no short-term memory, how is it that you can represent yourself if you can’t remember whether you took your pills a few minutes ago?” [APPENDIX 82 – Transcript – P. 21: 4-12.]
- All I want is to have someone fair and impartial with an open mind to listen to the facts and review as much of the evidence as is needed to prove each of my claims. It is established that Judge Jeffrey L. Ashton doesn’t care about the facts and doesn’t want to apply the law.
- The United States Constitution allegedly guarantees an unbiased judge who will always provide litigants with full protection of ALL RIGHTS. Judge Jeffrey L. Ashton is biased against me. Judge Jeffrey L. Ashton has demonstrated this.
- My motions, affidavits, certificates of good faith, and memorandum of authorities meet the requirements for a motion to disqualify.
- This Affidavit of Prejudice states the facts and the reasons for the belief that bias and prejudice exist. The reasons for the belief are material and stated with particularity.
- On 1/5/2023, a deposition was held with Florida Highway Patrol Trooper Gregory S. Linzmayer. I believe Trooper Gregory S. Linzmayer has committed crimes relative to this case. When I began to cross-examine him, I asked if he had an attorney. He didn’t. He refused to answer my questions. He was supposed to resume his deposition when he had legal counsel, but he never did.
- On 2/10/2023, a hearing was held on my Motion for Contempt against Trooper Gregory S. Linzmayer. It was denied. Judge Jeffrey L. Ashton said I THREATENED the Trooper and told a large group “I don’t believe for a second what you say.” These are clear violations of the Code of Judicial Conduct.
- On 2/21/2023, there were supposed to be two hearings in this case. I happened to notice a standard efiling notice hit my in-box. I opened it, and I was surprised to see the hearings canceled. I was SHOCKED to see that Judge Jeffrey L. Ashton entered an order allegedly revoking my right to self-representation. [EXHIBIT A.] This had never been discussed, and there was no notice or opportunity to be heard. The judge had no jurisdiction to do what he did. It is a void order. The cases cited as “authority” by Judge Jeffrey L. Ashton both indicate it’s a denial of due process to do what he did without notice and an opportunity to be heard. So he takes an action that is a violation of my Constitutional rights, and he does it in an order citing cases that establish he can’t do what he had just done.
- Judge Jeffrey L. Ashton knows the DEFENDANTS are liable, so he needs to dismiss my case before my Motion for Partial Summary Judgment can be heard. He knows I have been unable to obtain an attorney. By requiring me to have an attorney, he knows I will not be able to comply with his order and will lose.
- The accident has given me five herniated discs in my neck, four in my back, and an abdominal injury, Diastasis Recti. I have lost all sense of balance. I have fallen dozens of times. When I fall, I can’t get up. I can no longer walk unaided. I am always in pain unless seated in a special chair. I have lost the use of my left hand, and I have gone from a two-finger typist to a one-finger typist. I am always in pain. I live alone in a trailer, and I have no help. I am denied medical care (Medicare) because the case is still pending. I am bankrupt. Judge Jeffrey L. Ashton knows all of this, and it seems he is ready for me to die injured and bankrupt.
- My case will be dismissed because I can’t obtain an attorney. Judge Jeffrey L. Ashton is well aware of this. This is why he did what he did on 2/21/2023.
- Judge Jeffrey L. Ashton could be mentally ill. Or he is simply a corrupt narcissist. Or he has been bribed to do whatever it takes. One thing’s for sure, he has committed a significant number of violations of the Code of Judicial Conduct. He needs to be removed and disbarred.
FURTHER SAITH AFFIANT NOT.
I declare under penalty of perjury that the foregoing is true and correct.
Executed this 24th day of February, 2023,
__________________________________
William M. Windsor
DECLARATION
Pursuant to Florida Statute 92.525, under penalties of perjury, I declare that I have read the foregoing document and that all facts in it are true.
This 24th day of February, 2023,
___________________________
William M. Windsor
Bill Windsor Sworn Affidavit – Part 1 Bill Windsor Sworn Affidavit – Part 2 Bill Windsor Sworn Affidavit – Part 3
My name is William Michael Windsor. This is my story, and I’m stickin’ to it. Copyright 2013, William Michael Windsor. See http://LawlessAmerica.com, http://facebook.com/billwindsor1, and http://youtube.com/lawlessamerica.
Bill Windsor was disabled on May 5, 2017, and he’s lived in pain 24/7
I was almost killed on May 5, 2017.
I first saw a doctor that day. I’ve seen literally dozens since.
On May 26, 2017, I had eye surgery. This had been scheduled for months. I was out of commission for two weeks. Prior to the surgery, I went back to LRUC Urgent Care in Mount Dora for a pre-op check. Dr. Johnson was not there. I was told that I needed to get a primary care doctor who would refer me to a surgeon. I called the hospital’s physician referral service, but the doctors I was referred to did not return my calls. I was finally referred to Dr. Eduardo Parra Davila, an abdominal surgeon. I took the first appointment that was available.
The pain and discomfort in my abdomen had continued since the accident. It had not lessened at all. I could no longer sleep in a bed.
On June 13, 2017, I saw Dr. Eduardo Parra-Davila at Celebration Center for Surgery. I complained that my abdomen was very painful and that my intestines were poking out from the left, right, and center of my abdomen. He observed the bulging of my abdomen when I reclined and got up off the examining table. He sent me for a CT-Scan of my abdomen and pelvis.
Dr. Eduardo Parra-Davila
Celebration Center for Surgery
410 Celebration Place, Suite 302
Celebration, FL 34747
407-303-3824
Fax: 407-303-3825
Progressive was paying all of the doctors and all of the testing until my coverage ran out.
On June 15, 2017, I purchased a 2009 Pontiac Solstice the car. I paid $11,436.44. I spent two nights in hotels. I had to pay sales tax on the purchase when I titled the car in Florida. I turned in my Enterprise car there.
On June 19, 2017, a hearing was held in Ocoee, Florida on the Citation that I was given. It was continued until August 8, 2017 because I was injured and injury cases must be heard by a judge.
On June 20, 2017, I went to Radiology Specialists of Florida. I had a CT-Scan of my abdomen and pelvis.
Radiology Specialists of Florida
PO Box 864552
Orlando, Florida 32886-4552
866-481-7571
On July 11, 2017, I again saw Dr. Eduardo Parra-Davila at Celebration Center for Surgery. [EXHIBIT 274.] He indicated that the CT-Scan of my abdomen and pelvis did not show hernias, but it did show problems with my spine. He said I have an extremely thin abdominal wall, but the accident did not cause tears. I am not sure if he said I had diastasis recti. I decided I should get a second opinion because my intestines poke way out in three spots. My abdomen was not like that prior to the surgery. The radiologist did note “apparent postoperative change in the periumbilical region….”
On July 13, 2017, I saw Dr. Jose Lopez at Central Florida Total Health Care. [EXHIBIT 274.] I was referred by Dr. Parra-Davila because the CT-Scan showed issues with my spine. He sent me for a CT-Scan of my lumbar spine. He also ordered two echocardiograms.
Dr. Jose Lopez
Central Florida Total Health Care
30 Remington Road, Suite 2
Oakland, Florida 34787-9797
407-392-1919
Fax: 407-392-1917
On July 15, 2017, I saw a technician at the offices of Dr. Jose Lopez of Central Florida Total Health Care. I had two echocardiograms.
On July 19, 2017, Dr. Jose Lopez had me get a number of tests at Florida Hospital Waterman. [EXHIBIT 279.] Dr. Deborah L. Zeagler was the Laboratory Medical Director.
On July 20, 2017, I had a CT-Scan of my abdomen and pelvis at Florida Hospital Waterman due to abdominal pain. [EXHIBIT 278.] Dr. Fred S. Wittenstein recognized apparent postoperative change in the periumbilical region without herniation. He cited degenerative change in the spine – Bilateral L5 Spondylolysis – Facet Disease. He noted a cyst on my left kidney. He said “Stomach is now well distended.” Diverticulosis without diverticulitis. They billed $87,098.02 to Progressive Insurance. [EXHIBIT 277.]
On July 24, 2017, I went to Radiology Specialists of Florida. I had a CT-Scan of my lumbar spine.
Radiology Specialists of Florida
PO Box 864552
Orlando, Florida 32886-4552
(866) 481-7571
Florida Hospital Waterman diagnosed me with Spondylosis in the lumbar region, Spinal Stenosis in the lumbar region, Spondylosis without myelopathy or radiculopathy in the lumbar region, and Calculus of Kidney. [EXHIBIT 236.]
On August 8, 2017, I saw Dr. Jose Lopez at Central Florida Total Health Care. [EXHIBIT 274.] The CT-Scan showed four bulging disks. He prescribed Percocet for my back pain. He discussed sending me to see a pain management doctor. He did not encourage me to see a chiropractor. I got the impression that he just didn’t like chiropractors. He wanted to monitor the pain for a while before referring me to another doctor, a neurologist.
The radiology report from Florida Hospital Waterman revealed a broad disk bulge at L1-2, L2-3, and L3-4. It revealed spondylolysis, anterolisthesis, and neuroforaminal narrowing. I never had back problems prior to the accident. IF anything was wrong in my back or neck, I was totally asymptomatic as medical records galore prove.
On August 8, 2017, the trial on the citation that I received was held in Ocoee, Florida. The case was dismissed by Judge Elizabeth Starr. The Trooper testified that he did not witness the accident. He saw my car on the shoulder with damage to the left front. He saw the 18-wheeler ahead.
The truck driver, Robert Longest, testified that he felt something, but never saw me. He said he then saw me spinning out of control in his left rearview mirror. He claimed there was damage to the left front of his truck. He said my car was really low and he never saw me. He said he called 911 and then headed back to check on me. [The Highway Patrol did not provide a 911 call from Robert Longest.]
On cross-examination, Longest confirmed that he didn’t see me at all and didn’t know for sure what happened. He also admitted that it was possible that he was in the third lane from the right (where I say he was).
I asked Longest if he saw the accident report that showed I was traveling Northbound on the Southbound lane. He had no explanation for how the Trooper’s version could be accurate since he testified he never saw me.
In speaking with the judge, the Trooper claimed I told him I didn’t know what happened. This is absolutely false. My only uncertainty was whether I was in Lane 1 or 2. I told him I was 90% sure I was in Lane 2. I knew for a fact that I was in one of the two exit lanes.
Judge Starr rolled her eyes at the Trooper’s claim of the accident. Then she seemed to make it clear that there was no one there who knew what happened. I told her I knew exactly what happened. She then asked if I wanted to go forward to present my case. I said I wished I knew what she was thinking, but I moved to dismiss and if she didn’t grant the motion, I would be happy to present the evidence. Judge Starr said there’s no evidence. Case dismissed.
On August 10, 2017, I had an after-surgery follow-up visit with Dr. Stacia Goldey. [EXHIBIT 274.]
On August 10, 2017, I had a flu shot at Walmart. [EXHIBIT 274.]
On October 12, 2017, a Dan Newlin attorney obtained the CAD reports from three 911 calls at the time of the accident. These 911 records revealed an additional eyewitness: Jerome Wilt, 6133 Raleigh St, Orlando, Florida 32835, 407-947-3420. I called him. He was traveling Southbound behind me. He saw that I was in the second lane from the shoulder. He saw the truck come over into my lane from the third lane (from the shoulder). He saw the truck hit me on my left front side, and he saw me spinning. He passed at that point and called 911. He is a very nice man and made a point to say, “if you need a witness, I am your man.”
So, there are two eyewitnesses to what happened – Jerome Wilt and me. The trucker has testified that he did not see me and does not know what happened. A third witness, Carrie Broussard, has testimony that establishes that the Trooper’s story was incorrect.
On November 20, 2017, I saw Dr. Jose Lopez at Central Florida Total Health Care. I complained that I now have limited mobility in my neck, have significant pain when I try to sleep, and really hurt when trying to get out of my car. I took a drive to Atlanta and back to see my daughter, Brittany Harrell, and my granddaughters. The pain/discomfort was really bad.
I had to physically turn in my seat in the car to see to my left. Dr. Lopez said I must have an MRI, and he gave me an order for one. I was out of the 30 Percocet that he prescribed, but he didn’t want to give me more at that time. His diagnosis on my neck is Cervicalgia. He prescribed Diclofenac and Tizanidine. I am severely claustrophobic, so I hoped I could handle the MRI. Dr. Lopez prescribed Clonazepam. I have previously been unable to take an MRI. I even had to cancel a CT-Scan as it was starting because of my severe claustrophobia.
On November 21, 2017, I called Clermont Radiology about the MRI. I was informed the MRI would take 45 minutes, and my head would be immobilized. I knew I could not do this unless they put me to sleep. I planned to see Dr. Jose Lopez again to discuss this. I felt he may have to begin with a CT-Scan of my neck.
Clermont Radiology
871 Oakley Seaver Drive
Clermont, Florida 34711
352-241-6100
Fax: 352-241-6101
info@clermontradiology.com
On November 21, 2017, I obtained the tapes of the three 911 calls from May 5, 2017. 214 is my call. 206 is Carrie Broussard, the woman who didn’t see anything but me spinning. 207 is eyewitness Jerome Wilt. The tapes establish my story. Carrie Broussard’s tapes confirm that I was spinning down the Turnpike, as does the call from Jerome Wilt. The 911 tapes were provided by the Florida Highway Patrol:
Aerica D. Ramos
Regional Communications Center Manager
Florida Highway Patrol
Lake Worth Regional Communications Center
Florida’s Turnpike Mile Marker 94, Building 9310
Lake Worth, FL 33463
Office: (561)357-4012
Fax: (561)357-4090
AericaRamos@flhsmv.gov
www.flhsmv.gov/fhp
On November 21, 2017, I was forced to sell my 2009 Pontiac Solstice as I could no longer drive a small car because of the pain from my back. I could no longer even walk normally; my balance was off, and it has become much worse. I again had an Enterprise car; I had to pay for this. I would not have had an Enterprise car if I had not been hurt on May 5, 2017.
I had a CT-Scan on December 14, 2017. Florida Hospital Medical Center diagnosed me with Spondylosis in the cervical region, Spinal Stenosis in the cervical region, and Cervicalgia. [EXHBIT 203.]
I was unable to see Dr. Lopez for months after this because his receptionist said she could not reach Progressive to be assured they will pay.
My neck and back had gotten worse rather than better.
I obtained a referral to Dr. Alan Newman, a chiropractor. He diagnosed me with a Ventral Hernia, but he referred me to Dr. Sumanth Padmanabh, an internist. I subsequently saw Dr. Newman many times. I have received massage therapy, traction for my neck, and other procedures.
Dr. Alan Newman said the CT-Scan Report shows four herniated discs in my neck.
The pain and discomfort in my abdomen has continued since the accident. It has not lessened at all. If I accidentally bump into something or get poked in the abdomen, it is very painful. My abdomen pokes out like I’m pregnant.
Dr. Sumanth Padmanabh ordered a CT-Scan. I had the CT-Scan on February 23, 2018.
Dr. Padmanabh has diagnosed me with a Ventral Hernia. His opinion was an abdominal tear that has created a hernia where I had an incision on March 29, 2016.
My medical reports from Dartmouth-Hitchcock Medical Center show that my abdomen was fully-repaired in 2016. The automobile accident on May 5, 2017 caused the damage that appeared after I was hit.
I sleep on my left side, and I have back pain when I try to go to sleep. My back seemed a little better after 12 months, but it has become progressively worse. I still have back pain.
My neck has gotten better as I am no longer in constant pain, but the range of motion is still restricted, and I do have some neck pain. It is v ery painful if I try to bend my neck backwards.
My abdomen continues to be as bad as it was on May 5, 2017. I have been told that surgeons don’t want to operate on what I have until an organ becomes incarcerated.
The accident has had a significant impact on my quality of life. Both my abdomen and my back and neck hurt me all the time. I can’t carry anything that’s very heavy. I can no longer drive a fun car; I had to get a car that I can easily slide in and out of without putting pressure on my back or abdomen. I can’t walk for very far without pain forcing me to stop. I can no longer walk without a cane. Now I can’t walk without a walker.
I took two Tylenol every night before I got in bed. I was later prescribed Alprazolam, which does make me sleepy. I usually pop some Tylenol during the day as well.
On March 26, 2018, I saw Dr. Owen Fraser. He diagnosed me with Diastasis Recti. I had not had an MRI because I am severely claustrophobic. He also diagnosed me with an inguinal hernia and wanted to schedule surgery.
Dr. Owen Fraser
1805 W Colonial Drive #A
Orlando, Florida
407-578-9142
I went to see urologist Dr. Jason Gerboc for a second opinion on the inguinal hernia, and he reported that he could not feel a tear. He sent me for a CT-Scan of my abdomen because he was concerned with a cyst in my left kidney.
Dr. Jason Gerboc
1210 Waterman Way
Tavares, Florida 32778
352-343-2364
The CT-Scan reported a C7 by 65 mm cyst. The scan also reported a sliding type hiatal hernia.
On May 30, 2018, Leesburg Chiropractic diagnosed me with Esophagitis, Cervicalgia, Cerviobrachial Syndrome, Pain in thoracic spine, and Low back pain. [EXHIBIT 204.]
I finally was able to see Dr. Jose Lopez again when Progressive said they would pay him. He reviewed the CT-Scan of my neck, diagnosed cervicalgia, and sent me to Hohman Rehab for physical therapy.
I went to Hohman Rehab seven times. It was extremely expensive – $400 or so for a half hour of exercises holding a ball or pulling on some rubber bands. Hohman Rehab reports that my cervical rotation was 45-degrees to the left and 42-degrees to the right after seven sessions. I was told that normal is 80-degrees.
Hohman Rehab
236 Mohawk Road
Clermont, Florida 34715
855-404-6908
Fax: 352-404-6909
On June 7, 2018, I had an MRI at Clermont Radiology. The MRI showed divarication of the abdominis recti (also known as diastasis recti) and bulging of the intra-abdominal contents. There is a 4.5-inch separation of the muscles that are supposed to keep the abdominal contents contained. The radiologist notes that it is “medically probable that the findings were caused by the auto accident.”
Clermont Radiology
871 Oakley Sever Drive
Clermont, Florida 34711
352-241-6100
Fax: 352-241-6101
info@clermontradiology.com
From previous consultations with Dr. Parra Davila and Dr. Fraser, divarication of the abdominis recti and bulging of the intra-abdominal contents is not something they want to do surgery to repair until an organ becomes incarcerated.
The pain and discomfort in my abdomen has continued since the accident. It has not lessened at all. If I accidentally bump into something or get poked in the abdomen, it is very painful. I am always in a lot of pain when I lie down or sit down and get up.
I sleep on my left side, and the back pain is very bad when I try to go to sleep.
I haven’t wanted to risk back surgery, but I have back pain whenever I move around. The idea that my back will be like this forever is devastating. I have slept on the sofa for six years so my back can be supported by the back cushions of the sofa. It keeps me from moving, which is very painful.
The accident has had a huge impact on my quality of life. Both my abdomen and my back and neck hurt me throughout every day. I can’t carry anything that’s very heavy at all – even one grocery bag will make me hurt. I can no longer drive a fun car. I have to have a car that I can easily slide in and out of without putting pressure on my back or abdomen. I can’t walk for very far without pain forcing me to stop. The limited range of motion in my neck makes driving somewhat dangerous. I have to physically move in my seat to reposition my body so I can see far enough to either side. When I do this, I am unable to see part of the road that I should be seeing. I was forced to stop dating. I no longer have any social life.
I have driven many miles due to all of this – doctors, tests, and car buying. I really shouldn’t drive anymore.
I have permanent injuries from the auto accident. I have only half of the normal rotation of my neck. I will forever have back pain. I have a painful and unsightly abdominal injury that may require surgery at some point in the future if an organ gets incarcerated. I may have an inguinal hernia.
My medical treatment and testing had ended until a recent fall that Humana is covering. I should be having quarterly CT-Scans for the rest of my life as a precaution to see if any organs have become incarcerated. But I can’t afford them. Medicare won’t pay because it is a traffic accident insurance case.
On 2/8/2019, I fell down the stairs at the Condo. [EXHIBIT ____.]
I had two MRIs on March 20, 2019.
My back has continued to deteriorate. I have great difficulty walking. Stairs are a nightmare.
On March 11, 2020, I saw Dr. Roderick Claybrooks at BioSpine. He says I need Lumbar Fusion – two rods and four bolts. He says the lowest of my discs needs to be removed. He wanted to do the surgery right away, but since I terminated Dan Newlin, they wouldn’t move forward until I retain another attorney. I didn’t retain another attorney. [EXHIBIT ___.] [EXHIBIT ___.]
On 3/28/2019, I began efforts to sell my Condo by Owner. [EXHIBIT ___.]
On 6/2/2019, I fell down the stairs at my condo. [EXHIBIT ____.]
On or about 7/23/2019, the State of Florida issued a Handicapped person notification for me. [EXHIBIT ____.]
On 9/4/2019, I fell down the stairs at my condo. [EXHIBIT ____.]
I fell down the stairs at my condo at least a dozen times. I now carry a siren in my pocket so I can alert people for help when I fall.
Dr. Alan Newman prescribed a cane and later prescribed a wheelchair.
On 5/21/2020, I received a letter from Sean Palmer at Progressive Insurance informing me I had run out of benefits. [EXHIBIT ____.]
On 6/8/2020, I fell down the stairs at the condo.
On 8/22/2020, I had emergency treatment at Advent Health in Leesburg.
On 11/17/2020, I had emergency treatment at Advent Health in Leesburg.
In 2021, I changed insurance and was unable to get an appointment with the assigned Primary Care Doctor, Dr. Pellegrino, or any required referrals.
On 10/8/2021, I fell down the stairs at my condo. [EXHIBIT ____.]
On 3/10/2022, Dr. Alan Newman prescribed a wheelchair. [EXHIBIT ____.]
On 6/22/2022, I sold my condo in Leesburg, Florida.
On 6/26/2022, I fell in a ditch in Leesburg, Florida while attempting to walk through the grass after eating dinner. My phone went flying, and I had no way to try to get anyone’s attention. A young family finally saw me waving and stopped to pull me up and take me down a block to my motel.
On 6/27/2022, I sold my Jeep and bought a Winnebago to be my home.
On 7/3/2022, much to my surprise, I lost my health insurance because I moved to South Dakota.
On 7/5/2022, I became a resident of South Dakota. [EXHIBIT ____.]
The State of South Dakota reviewed documentation from Dr. Alan Newman, and South Dakota declared me DISABLED. [EXHIBIT ____.]
On 7/11/2022, the transmission failed, and the Winnebago was damaged. [EXHIBIT ____.]
On 8/15/2022, I finally received payment from State Farm for the Winnebago. It was declared totaled.
On 8/16/2022, I purchased a 2018 Thor Ace 30.4.
On 9/1/2022, I had eight teeth extracted. My teeth are rotting due to a medication I am taking for anxiety from all this.
On 10/13/2022, I had a Glaucoma check, and my pressures were excellent. Latanaprost and Timolol were again prescribed.
On 11/3/2022, I fell on a boulder losing my balance upon exiting my RV. I landed on my shoulder, and it was badly bruised. [EXHIBIT ____.]
On 11/15/2022, I had an emergency session with Marina Ross of Harmony United Psychiatric Care. I had begun again feeling that I would be better off dead.
On 11/21/2022, I broke an upper tooth.
On 11/27/2022, I fell inside the RV without my cane, which I hang by the door. I was able to crawl to a position where I could get leverage for each of my hands, so I got upright after a few fails.
I had a bad fall on 12/2/2022. I fell two more times trying to get up. I screamed for help and a lady and her two sons finally heard me and came to lift me out of a mud puddle and helped me into the RV where I now live. I was hurting all over and had a terrible headache.
I have had many falls.
On 12/26/2022, I had a very bad fall and was taken by ambulance to the Emergency Room. I have lost the use of my left hand.
It started with an accident on the Florida Turnpike… or was it Attempted Murder?
On May 5, 2017, I left my home at 126 Buccaneer Drive, in Leesburg headed for Winter Park.
The Florida Turnpike Southbound from Leesburg changes from two-lanes [EXHIBIT ___] to four lanes [EXHIBIT ___] to six lanes [EXHIBIT ___].
At 2:35 pm on May 5, 2017, I was driving my white 2006 Pontiac Solstice convertible Southbound on the Florida Turnpike about half a mile from Exit 265. I was driving about 65 miles-per-hour in the middle of my lane. I was going to Winter Park, and I prepared to exit at 265. I had signaled and moved to the right when my GPS told me the exit was coming up. [The police report says the accident was reported at 2:36 pm.]
I was in the second lane from the shoulder, one of the two marked exit lanes. The Highway Patrol numbers lanes starting at the median, so I was in their Lane 5. I was going to go to the left after exiting, so I positioned myself in the second lane.
I heard a loud bang and felt the impact as an 18-wheeler rammed into the left side of my car. The car began spinning out of control. Four 360-degree spins were confirmed by an eyewitness, Carrie Broussard. I believe I spun as many as 8 times. I tried to keep the car from hitting the big cement barricades in the median. I was afraid I was going to flip at one point – felt like my two left wheels left the ground. By steering into the skid, I was able to regain control of the car. I believe the engine had quit working because I coasted across perhaps one lane of traffic.
There were cars stopped behind me. No one got out to help me, and I didn’t think to flag anyone down as a witness. I went 69 years without ever being in a wreck, so I was unprepared and apparently in shock. [EXHIBIT ___.]
I saw the truck pull over about a quarter of a mile ahead of me, well before Exit 265. I thought he might not stop. I don’t believe there was any reason for him to drive that far unless he just wanted to make it unlikely that I would inspect his vehicle.
On 5/5/2017, Robert Longest, the truck driver, told Trooper Linzmayer that he was in the right lane closest to the shoulder. I heard him say this as he stood outside my wrecked car. The story has changed many times.
On 5/8/2017, Robert Longest made an Accident Report to his employer, Boise Cascade, that shows he was in the right lane closest to the shoulder and I was just to his left. [EXHIBIT ___.] His Report falsely identifies where he was on the Turnpike. His fraudulent drawing shows that my car’s right front impacted with his truck’s left front as both vehicles drove in the same direction. His drawing falsely shows both of us exiting the Turnpike. Neither of us exited. His report says: “Couldn’t see the vehicle.” His Report falsely indicates my vehicle was not towed from the scene. His Report claims that he never saw me in his rearview mirrors; that story later changed. He reported that once he pulled over, he saw my white car 1/4 to ½ mile behind him. His Report claims he checked on me and then called Chris Johnson, but this is not what the phone records show. His Accident Report says:
“I was driving Southbound on Turnpike just before merging on 408 and I heard a boom (I thought was a blowout.) I looked in the mirrors and see nothing so I put my turn signal on to pull over and I did see a white car about ¼ to ½ mile behind me. I got out and checked on the driver and called Chris Johnson.” [EXHIBIT ___.]
The Report says the accident took place on a curve, but that is false. It was straight. [EXHIBIT ____.] The Report says Longest was driving 60, but Trooper Linzmayer and I say he was driving 70. The Report was signed by Robert Longest and Wayne Laster. Wayne Laster wasn’t there, so I don’t know how he could sign this false report.
On August 8, 2017, a trial was held on the citation that I received from Trooper Linzmayer. It was held in Ocoee, Florida. The case was dismissed by Orange County Judge Elizabeth Starr. Trooper Linzmayer testified that he did not witness the accident. He saw my car on the shoulder with damage to the left front. He saw the 18-wheeler ahead.
The truck driver, Robert Longest, testified on 8/8/2017 that he felt something, but never saw me. He said he then saw me spinning out of control in his left rearview mirror. He claimed there was damage to the left front of his truck. He said my car was really low and he never saw me. He said he called 911 and then headed back to check on me.
Robert Longest apparently lied about calling 911. The Highway Patrol has no record of a call from Robert Longest. And Robert Longest lied when he claimed he saw me spinning out of control in his rearview mirror. That is not what he told his employer on 5/8/2017 or stated in his deposition on 2/5/2019.
Liars have trouble keeping their stories straight. WebMD says:
“When someone isn’t telling the truth, it’s harder to keep the details of their story straight. Someone who lies frequently will eventually lose track of previous lies and start to contradict themselves.”
On cross-examination, Longest confirmed that he didn’t see me at all and didn’t know for sure what happened. He also admitted that it was possible that he was in the third lane from the right (where I say he was).
I asked Longest if he saw the accident report that showed I was traveling Northbound on the Southbound lane. He had no explanation for how the Trooper’s version could be accurate since he testified he never saw me.
Robert Longest gave a sworn deposition on 2/5/2019. I will now cite from his deposition so he can tell you what he claimed happened on 5/5/2017.
Page 19:
10 A. I was coming up — I was going to merge onto
11 the 408 and go east. I was not there yet, but I was in
12 the two lanes — there’s like six lanes across there.
13 And the two lanes to the right merge onto the 408. And
14 I was in the second lane getting ready to merge onto the
15 408 when — do you want me to explain what exactly
16 happened —
17 Q. Yeah.
18 A. — from that point —
19 Q. Yes.
20 A. — until I stopped?
21 Q. Yep.
22 A. Okay. I felt like a jolt on the truck and then
23 I felt a vibration, you know, in the whole cab of the
24 truck. And my first thought was I’m — it felt like a
25 tire coming apart, like maybe my front steer tire was –
Page 20:
1 that’s what I’m thinking, you know, my tire’s coming
2 apart, I’m going to have a blowout, is what it felt
3 like.
4 So then I felt the wheel a little bit, of
5 shaking the wheel. And as all this was happening, I’m
6 looking in the passenger mirror and I turned my turn
7 signal on to get off of the highway into the emergency
8 lane because, like I said, I think I’m having a blowout,
9 so I’m pulling over.
10 So as I pull over, now, I don’t see any cars
11 anywhere. I pull onto the emergency lane and I’m almost
12 stopped and I look in the driver’s mirror and there’s a
13 car quite a ways back behind me and he’s like spun out
14 in the highway back there, stopped. So I was
15 wondering what — you know, I thought to myself, I
16 wonder what that guy’s doing.
17 So I get out. I look at my tire and there’s
18 actually damage on it. It’s leaking oil where the cap
19 in the center of the rim was broken out and there’s
20 white paint on the lug nuts where something had hit
21 there.
22 And at that point, I’m thinking the guy back
23 there or the car back there must have hit there and
24 that’s what I felt. So at that time, I dialed 911 and I
25 started jogging back to that car.
Page 21:
1 Q. What tire was it that you saw damage to?
2 A. The driver’s side front.
3 Q. Any other part of the truck that had visible
4 damage that you saw?
5 A. There was. The bumper on the passenger side
6 was bent out. It wasn’t actually bent out, but it was
7 curled out. And I couldn’t figure out what did that
8 because I didn’t hit anything on — you know, when I
9 pulled over. There was nothing hit there.
10 So I was wondering — and I just glimpsed — I
11 got a glimpse of that right at the end. After all the
12 police and everything, I had just glanced at that.
13 Now, my boss had showed up at the scene and
14 Mr. Windsor — now, I walked — I went back to him, to
15 his car. By that time, he had pulled into the emergency
16 lane. He was on the phone. His windows were still up.
17 I motioned for him to put his window down. I asked him
18 if he was all right. He said yes. He asked me if I was
19 all right. I said yes.
20 I said what happened? Where did you come from?
21 And he says I have no idea. He says I never saw you.
22 And I said really?
23 And about that time, this officer — I think he
24 just happened to be driving by because he was there
25 right away. He came up, asked us if we were all right
Page 22:
1 Yes. Asked what happened. I said I have no idea what
2 happened. I said I never saw this car.
3 And he asked him what happened. He says I have
4 no idea what happened. He said I never saw that truck.
5 So he goes are you telling me you guys were
6 involved in an accident and neither one of you-all know
7 what happened? And I said it really sounds stupid, but
8 no, I don’t know what happened. And he didn’t either.
9 So he told me to go back to my vehicle, which I
10 did, and then he did his investigation and whatever he
11 did. And then he came back up. And I couldn’t drive my
12 truck because of the leaking oil out of the front and so
13 they had to tow that.
14 And then the officer told me he was giving him
15 a citation and I don’t remember what that was, but he
16 was getting a ticket, and I guess, you know, told us
17 pretty much we could go.
18 Q. What — you said your boss showed up. What’s
19 his name?
20 A. Chris Mello.
21 Q. How do you spell the last name?
22 A. M-e-l-l-o.
23 Q. How long did it take for your boss to arrive on
24 the scene?
25 A. I wasn’t far from my work. He was — I don’t
Page 23:
1 know — maybe 15 minutes.
2 Q. You had called him right after the incident?
3 A. I believe I did.
4 Q. Did he speak with —
5 A. I don’t think I called him. I called the
6 dispatch boss, which is kind of my boss. I believe I
7 told him what had happened, I’ve been involved in an
8 accident, and I believe maybe he may have told him.
9 Q. Who is the dispatch boss?
10 A. Chris Johnson.
11 Q. So you phoned Mr. Johnson and he most likely
12 told Mr. Mello?
13 A. I believe that’s how it went.
14 Q. Do you remember what you said to them or to
15 Mr. Johnson?
16 A. I believe I just said I was involved in an
17 accident and told him where I was. And he said okay, do
18 what you’ve got to do, you know, blah, blah, blah, and
19 just letting him know what was going on.
20 Q. Did they say — did any of them say that they
21 were going to come to the scene of the accident?
22 A. No. No. I didn’t know anybody was coming.
Page 25:
11 Q. How long were you at the scene for?
12 A. Maybe 35, 45 minutes.
13 Q. Did anybody else show up or arrive on the scene
14 while you were there?
15 A. No — well, maybe the paramedics and maybe an
16 ambulance because I had told the dispatch lady at the
17 911. She said is there anyone injured? And I said —
18 at that point, I had not been back there. I said I
19 don’t know. I said but I would think — it’s a small
20 car and I’m in an 18-wheeler, so, you know, I don’t
21 know. It’s possible. So I think she said she was just
22 sending everybody.
Page 28:
6 Q. Sure.
7 At any point did you notice the white vehicle
8 prior to the impact or what you thought was a tire
9 blowout?
10 A. I did not. I did not.
11 Q. Do you know what the speed was on the turnpike
12 in the area that the incident happened?
13 A. I’m assuming 60 — probably 70. Most of the
14 turnpike is 70.
15 Q. Can you estimate what speed you had been going
16 prior to impact?
17 A. I’m guessing between 50 and 60. Like I said, I
18 wasn’t up to the ramp yet. The ramp is 45, but I
19 wasn’t — we weren’t that far up. We were back still on
20 the turnpike when all that happened. So yeah, it was —
21 it was probably 70 there.
Page 31:
7 Q. Were there any dangerous conditions in that
8 area, like construction or anything that —
9 A. No.
10 Q. — you might deem hazardous?
11 Do you know what lane William Windsor was in
12 prior to the impact?
13 A. I don’t. I have a lot of assumptions from what
14 the damage — you know, I have a good idea what
15 happened, but that would be — you know, like I said, I
16 didn’t see him, so I just — from the damage and the way
17 everything happened, I’m pretty sure I know what
18 happened, but that was — that would be an assumption.
19 Q. How do you think the accident occurred?
20 A. I think — I think he was — the way my bumper
21 was bent out, there was forward — I think he was — I
22 think he wanted to stay on the turnpike. That would be
23 the only reason he would be changing lanes there. And
24 he was in the two lanes that go onto the 408, so I think
25 he was just going to go up and cut in front of me and go
Page 32:
1 over and stay on the turnpike is what I’m just — that’s
2 just what I’m thinking.
3 But he didn’t — he misjudged it. He clipped
4 my bumper, which would bend my bumper exactly the way it
5 was bent, then wrapped around the front of my truck.
6 The vibration I felt I think was me pushing him. And
7 I’m up so high and he’s down so low in the little sports
8 car, I didn’t see him right down in front because of the
9 hood, and I think he wrapped on around to the driver’s
10 side.
11 When I was looking in the mirror to pull over,
12 I think he wrapped around this way and my lug nuts and
13 that tire the — hit his car and did all that — because
14 there’s damage on his driver’s side, which, you know, I
15 mean, there’s damage on my driver’s side and damage on
16 his driver’s side. So it would be like we would have to
17 be going opposite directions to get damage on both of
18 those sides. And then he went spinning off over where
19 he ended up as I pulled over.
20 That’s really the only way I can see that —
21 all that taking place and happening, with that damage on
22 the truck, you know, because there’s nothing that hit
23 the bumper on that side. There was nothing that could
24 have hit that. There was nothing there. When I pulled
25 over, there was — you know, I just pulled over. So he
Page 33:
1 had to clip — something had to clip that bumper.
2 Q. Have you seen the police report in this
3 accident?
4 A. I think I did.
5 Q. Do you agree with its contents?
6 MR. HYLAND: Objection to form. You can go
7 ahead and answer. I’m just objecting for the
8 record.
9 THE WITNESS: Yeah. I don’t — I think that
10 was a — was that a police report, Bill?
11 MR. HYLAND: I can’t answer for you, just on
12 your own.
13 BY MS. LASO:
14 Q. Just so you know, I cannot know — I don’t want
15 to know about anything you might have spoken with your
16 attorney or law firm or anything —
17 A. Okay. I think I did see it.
18 Q. Okay.
19 A. And it — I believe — see, at that time,
20 nobody — you know, nobody knew what happened, so I
21 don’t know. I think the report had him hitting my — on
22 this side that was hit, but I don’t think anybody knows
23 how he hit or, like I said, I don’t know how he got
24 damage on his driver’s side if he hit on — he would
25 have had to hit me on the passenger side. Do you
Page 34:
1 understand what I’m saying?
2 If he had just run into that tire, it would
3 have just hit — you know, if he was just passing me or
4 something and just hit me, there wouldn’t be any damage
5 over on this side of his car.
6 So I don’t know. I don’t know. I mean, I
7 don’t know if he — they thought he might have spun out
8 and hit me there. I don’t have a clue how they
9 determined anything they determined.
10 Q. And just remind me. I might have already asked
11 you. There were two lanes to get onto the 408. Were
12 you on the furthest right or the —
13 A. The second.
14 Q. I guess closest to the turnpike?
15 A. Well, yes. Yes. I was in — not the right.
16 Q. The left —
17 A. Yes.
18 Q. — merge lane?
19 A. Yes.
23 Q. I wanted to ask you about the — you mentioned
24 the hood of the truck. When you’re driving, typically
25 can you see — is it difficult to see what’s in front –
Page 35:
1 A. Yes.
2 Q. — of you?
3 A. Right down — right down in front of the truck,
4 yes, it’s difficult. Now, you have mirrors out there,
5 but they kind of show down the sides of the truck. And
6 depending — you know, like I said, I’m probably ten
7 feet in the air up.
8 And, you know, the seat, depending on where
9 your seat is on the height — now, if you’re all the way
10 up against the roof, which, you know, nobody — you
11 don’t drive that way, you could probably look way down
12 there and see it.
13 But when you’re driving, just driving normally
14 on an air ride seat, it’s kind of like in the middle,
15 you know, where you’re comfortable and your vision, you
16 can see down the road. But it’s difficult to see down
17 right in front of the truck. And the hood — the hood
18 sticks out, so you have that obstacle as well.
19 Q. So it’s hard to see right in front of the
20 truck?
21 A. Yes.
22 Q. Do you know how many feet might be obscured or
23 difficult to see?
24 A. I don’t.
25 Q. Can you see to the left or the right of the
Page 36:
truck?
2 A. I mean, yeah, you can see, but there’s a little
3 zone there that — usually there’s no vehicles in that
4 zone because it’s right up against the truck. I mean,
5 you would — there would never be anybody — you would
6 never be that close to anybody in that zone.
7 Q. If there was a vehicle to the left of your
8 truck, let’s say the left lane, you’re in the right
9 lane, would you be able to see that vehicle?
10 A. Yes. Yeah, there’s a mirror — there’s mirrors
11 for that. There’s also mirror on a door over here that
12 shines down. Like, the window on that particular truck
13 goes down where you can actually see — like a lot of
14 trucks, it will be straight on that door and there’s
15 like a blind spot there.
16 Well, that truck has the — it’s cut out. I
17 guess they probably cut it out for that reason because
18 there was a blind spot there, so it’s cut out there to
19 where you can see over there. And —
20 MR. HYLAND: Are you talking about on the
21 driver’s side?
22 THE WITNESS: On the passenger — well, both
23 sides. Both sides are — the doors are actually cut
24 out.
25 BY MS. LASO:
Page 37:
1 Q. Cut out?
2 A. You know, where you — like an armrest.
3 They’re cut down there. And I don’t know if that was
4 the reason they did that, to give you more view over
5 there or not, but it was a good idea, the design that
6 they came up with with that. But, yes, you can see on
7 the sides. You know, if you’re looking there, you can
8 see.
On 11/15/2018, Boise Cascade Johnson and Laster:
- What is the name and address of the person answering these interrogatories, and, if applicable, the person’s official position or relationship with the party to whom the interrogatories are directed, your affiliation with the Defendant, and the length of time you have been employed by the Defendant, and list all the positions you held in the past and your current position.
ANSWER: Legal counsel to Boise with assistance from Chris Johnson and Wayne Laster, Boise employees who can be reached through counsel.
- Describe in detail how the incident described in the Complaint happened, including all actions taken by the Defendant driver to prevent the incident.
ANSWER: Boise objects to Interrogatory No. 3 as over broad.
- 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.
ANSWER: Boise objects to Interrogatory No. 4 as vague, overly broad, unduly burdensome, and to the extent it requests information protected from disclosure by the attorney-client privilege and/or attorney work product doctrine. Subject to and without waiving the foregoing objection, Boise states that Plaintiff contributed to the incident alleged in Plaintiff’s Complaint by failing to observe traffic rules and/or failing to take all reasonable steps to avoid the incident.
- 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.
ANSWER: Boise objects to interrogatory No. 6 as vague, overly broad, unduly burdensome, and to the extent it requests information protected from disclosure by the attorney client work privilege and/or attorney work product doctrine. Subject to and without waiving the foregoing objection, Boise states that the Plaintiff is liable in whole or in part for the claims asserted against Boise in this lawsuit.
- List the names, titles and addresses of all persons who have provided information, aid or assistance in answering any issues addressed in these interrogatory questions and give a brief summary of the information or assistance rendered by that person(s).
ANSWER: See response to Interrogatory No. 1.
On 11/16/2018,
- 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.
ANSWER: Defendant Longest objects to Interrogatory No. 6 as vague, overly broad, unduly burdensome, and to the extent it requests information protected from disclosure by the attorney-client privilege and/or attorney work product doctrine. Subject to and without waiving the foregoing objection, Defendant Longest states that Plaintiff contributed to the incident alleged in Plaintiff’s Complaint by failing to observe traffic rules and/or failing to take all reasonable steps to avoid the incident.
- 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.
ANSWER: Defendant Longest objects to interrogatory No. 8 as vague, overly broad, unduly burdensome, and to the extent it requests information protected from disclosure by the attorney client work privilege and/or attorney work product doctrine. Subject to and without waiving the foregoing objection, Defendant Longest states that the Plaintiff is liable in whole or in part for the claims asserted against him in this lawsuit. Defendant Longest reserves the right to supplement this response to the extent additional information is identified.
On 5/5/2017, Trooper Linzmayer authored a Traffic Crash Report and reported:
“V01 traveled southbound on State Road 91 (Florida Turnpike), in the #5 lane. V02 traveled southbound on the Florida Turnpike, in the outside (#6) lane. For an unknown reason(s) V01 skidded, and rotated clockwise, before its left front portion struck V02’s front left (steering) wheel/tire, and front left corner bumper. D01 subsequently brought V01 to a stop on the western paved shoulder, facing south. D02 brought V02 to a stop on the western paved shoulder, facing south, southerly from V01.”
This is a fairy tale as I will demonstrate in the courtroom.
On 5/5/2017 at 2:36 p.m., Carrie Broussard called 911. [EXHIBIT 183.] She didn’t see the impact, but she saw me spin around several times in the middle of the Turnpike headed Southbound. She said she saw me attempting to get out in the slow lane around Mile Marker 257, but she saw me spinning out in the two middle lanes. She later told me I was spinning counterclockwise. [EXHIBIT ____.] (Trooper Linzmayer said I was spinning clockwise, which would have been consistent with his bizarre account of the accident.)
On 5/5/2017 at 2:39 p.m., Jerome Wilt called 911. [EXHIBIT 184.] He reported the accident on the Florida Turnpike between 267 and 268 between a white convertible and a semi-truck. He said he saw the semi-truck had pulled over to the right shoulder, but the convertible was still in the middle of the road.
Jerome Wilt has said in a sworn statement that the trucker caused the accident. [EXHIBIT ___.]
On 5/5/2017 at 2:39 p.m., 17 milliseconds later, I called 911. [EXHIBIT 185.] I told the 911 operator that I just had a truck run into me and spun me around near Exit 265 heading Southbound on the Florida Turnpike. I told the operator that I felt a twinge in my back, but I didn’t think I was injured. (I was clueless. I was injured.) I declined an ambulance. (Dumb move on my part.) I told the operator I was able to push the car over to the shoulder. 57-seconds into the 911 call, I told the operator that the truck driver was walking up. I described the truck as an 18-wheeler with a green rear bumper, and I identified my car as a white Pontiac Solstice. At 1:14 into the 911 call, I responded to the trucker that I was okay when he asked. At 1:28 into the call, a highway patrol car appeared. I told the operator I was driving down the road and the next thing I knew, I was hit. The call lasted 2:11. The Call History Record [EXHIBIT 118] shows Trooper Linzmayer was on the scene at 2:41 p.m. and was on the call until 5:41 p.m.
At 5:41 p.m. Sallis Towing towed my car to Progressive Insurance’s office and gave me a ride. [EXHIBIT 297.]
Tracy Longest’s AT&T Telephone Bill [EXHIBIT 119] shows that Robert Longest was on the phone with 407-850-7831 at the time of the accident and called 911 four minutes later. He may have been distracted by the phone call he was on when he ran into me. 407-850-7831 is a number at ______________.
I believe Robert Longest called his company and probably got instructions on what to say and do. Before he walked down to my vehicle, he called 407-850-7831 again and the call was connected for four minutes. This means that person heard everything Longest and I discussed and perhaps what he told Trooper Linzmayer. He called 407-850-7831 again at 2:49 p.m. He called 407-455-3280 at 2:54 p.m. He called 407-850-7831 again at 3:00 p.m. He called 407-558-1961 at 3:02 p.m. He received an incoming call from 407-293-4463 at 3:17 p.m. He called 407-455-3280 again at 3:53 p.m. He received an incoming call from 407-455-3280 at 4:15 p.m. He called 407-455-3280 again at 4:23 p.m. He received an incoming call from 407-455-3280 at 4:24 p.m. He called 407-455-3280 again at 5:05 p.m. and spoke for 16 minutes. He called 407-271-9810 at 5:21 p.m. and spoke for 27 minutes. At 5:48 p.m., he received an incoming call from 407-271-9810. He called 321-947-7392 at 5:57 p.m. and spoke for 11 minutes.
6:31 321-987-9397 strange
6:34 407-421-2155 landscaping
6:35 407-468-5455 sms
6:37 407-421-2155 landscaping
6:38 321-987-9397 strange
8:48 407-670-4362 retired, wouldn’t talk, did talk to longest
8:55 407-421-2155 landscaping
8:56 440-453-3331 not accepting calls at this time recording
9:01 407-455-3280 left vm
When the trucker (Robert Longest) spoke through my passenger window, he asked if I was okay and said he was sorry. He did not admit liability. He did say he didn’t know what happened.
I called my insurance company to report the accident. Progressive Insurance Claim Number 171822789. Progressive Insurance Adjuster: Steven Larue – 407-949-3697. (Michael F. Sopko of Progressive has handled medical claims – 800-444-3909.) Police Report Number 85433907. The 18-wheeler Kenworth truck was owned by a Goliath, Boise Cascade.
The State Trooper, Gregory S. Linzmayer, arrived, spoke briefly with me and Mr. Robert Longest. He then went down the highway to the Boise Cascade Kenworth truck with Robert Longest, where he spent a long time. I believe Chris Mello was also there.
Trooper Linzmayer only returned to me and my car briefly, did a quick look at the damage to the Pontiac Solstice from the left front, and then went back to the Kenworth truck.
Approximately two hours after the accident, the Trooper came back and gave me a fancy typed Citation. He claimed I spun out and hit the truck on its left fender with the left front fender of my car. This is beyond ludicrous. Mr. Robert Longest lied and claimed he was in the far-right lane. I heard him. He was not in the far-right lane; he was to my left, and he hit me with his right front tire and big steel bumper. The tire marks are very clear on my left front bumper. They show the tire residue streaking from North to South, pooling at the Southern spot. If I had been going down the Turnpike backwards, that tire residue would have been in the opposite direction. My left rear wheel was badly damaged. If I hit the truck with my left front fender against his left front fender, my left rear wheel could not get so badly damaged.
All of the damage to my car was on the left side. The greatest damage was to the left front, but there were also holes in the driver’s door as well as dents in the left rear quarter panel. I don’t know if the truck hit me more than once. When I started spinning, it was all I could do to try to get the car under control. I was afraid I was going to die when I hit the big cement barricades in the median.
I took several photos of my car, and I walked up to the truck and took a few. The right front bumper on the truck was badly bent. I was afraid to get out into the road to take photos of the left front of the truck. I also didn’t think it could be relevant, but Mr. Chris Mello, the man who came to be with the trucker, said there was damage to the left front of the truck. Trooper Linzmayer later claimed that was where I ran into the truck! I believe Mr. Chris Mello concocted the story about the left front fender of the truck. I suspect the paid off Trooper Linzmayer as there is no other logical explanation.
Paramedics came twice. I told them I felt okay, just a little sore. I felt a twinge in my back, and I told the 911 operator this as you will hear on the recording. But I later realized that I was hurt, and I am still hurt today.
My car was small – very low to the ground, but it was far from invisible – 71.3” wide and 157.2” long. I believe the trucker simply didn’t look, went to change lanes, and rammed me. He told me he was exiting at 265, the exit where I was to get off. He lied to the police to avoid a ticket and the four points. Perhaps his job was also at risk. He called someone who came out and was with him – someone from his company — to coach him – Chris Mello.
a careless driving charge is 4 points on a driver’s license. This will cause a driver’s insurance costs to rise and their license may be in jeopardy of a suspension depending on the number of points they have already received on their license.
When Trooper G.S. Linzmayer handed me a citation, I just about croaked. I hadn’t had a traffic or parking ticket in 17 years, now 22 years. I was rammed. I did nothing wrong. I argued politely with the Trooper, and he claimed he has seen cases before where a car spun out in the middle of the highway and hit a car left front to left front. I think this would be all but impossible, and it certainly didn’t happen in this case. I told Trooper Linzmayer that he needed to find the woman who called 911. He returned later to say he had called her (Carrie Broussard) and was waiting for a callback. He said he would tear up the citation if she corroborated my story. I subsequently learned that she didn’t see the impact. Trooper Linzmayer also gave me the Accident Report.
Trooper Linzmayer concealed that there was another eyewitness, Jerome Wilt. He saw it all and has testified that the truck driver caused the accident. Now why would Trooper Linzmayer conceal this vital information unless he was paid off?
I was told that Trooper Linzmayer would call a tow truck, but he never did. I finally arranged a towing company through AAA: Sallis Towing – 352-874-0545. They picked up the car and me and took us to Progressive Insurance’s office. I paid for the tow, and Progressive reimbursed me.
As I got up out of my chair at Progressive Insurance’s office when my Enterprise car was ready, I realized I was injured.
On the way home in Leesburg on May 5, 2017, I went to LRUC Urgent Care in Mount Dora. Dr. Jeremy Johnson examined me and took some X-rays. He could see and feel the trauma to my abdomen. He said it would be several weeks to a month after the swelling went down before referring me to a surgeon. I believed the accident caused my abdomen to pull away from mesh inserted when I had Emergency Incarcerated Umbilical Hernia Surgery on March 29, 2016. I also had some pain in my left arm, but no other pain at that time except a headache and a little neck stiffness.
LRUC Urgent Care in Mount Dora
8404 US Hwy 441
Mount Dora, Florida
352-385-4405
On May 8, 2017, Robert Longest submitted an Accident Report to Boise Cascade. [EXHIBIT 135.] It was co-signed by Ivan Wayne Laster, shown as his “Supervisor.” It shows the Boise Cascade truck in the far-right lane of a two-lane road. It shows my Pontiac Solstice in the lane to the left of the truck. I was never to the left of the truck. The Florida Turnpike was six lanes in each direction where the accident took place. It shows the road curving to the right exiting from the Turnpike, but we were a half-mile from that exit when the accident happened. Longest claims he was driving 60-miles-per-hour, but it was at least 70. The Report claims Robert Longest had been working 10 hours when the accident took place. He claimed there was damage to the bumper, rim, and hub and that the truck was towed from the scene. The report shows the truck to be a 2018 Kenworth, Company Vehicle # 87698, VIN: 1XKZD49X1551815.
Progressive Insurance informed me my car was totaled. I had to rent an Enterprise car while I looked for a replacement for my car. On May 10, 2017, I accepted Progressive’s offer on my car. It was a fair amount in terms of fair market value, but I was unable to replace the car for that amount. I was paid $7,397.10. There was a $500 deductible that I had to absorb. Progressive paid Enterprise directly for most, if not all, of the rentals.
Was this an accident?
Some people believe this was not an accident. Some believe this was another attempt to murder me.
All of the lies don’t make sense.
Such an outlandish Accident Report doesn’t make sense.
The lies of Florida Highway Patrol Trooper Gregory Scott Linzmayer don’t make sense.
The lies and outrageous actions by the defense attorneys don’t make sense.
The lies of semi-eyewitness Carrie Broussard don’t make sense.
The communications between Carrie Broussard and Sean Boushie, the derelict who attempted to murder me several years ago, don’t make sense,
Keeping the existence of two witnesses a secret for 5 years doesn’t make sense.
The fact that the truck driver and trooper were both previously charged with domestic violence makes you wonder if they had a relationship.
Two companies worth $50 billion participating in such crimes makes no sense.