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HomeMy Public PortalAboutPRR 21-2856 October 8, 2021 Sent via Email to: rbasel@gulf-stream.org Gulfstream Police Department RE: Our Clients : Philip Andrew Pike & Catherine DeGarbrielle Date of Crash : August 27, 2021 Crash Report Number : 21-1728 Dear Sir or Madam: Please be advised that our office represents the above-mentioned client with regard to a crash that occurred on the above referenced date of loss. It is our understanding that the investigation police officer activated their Body Worn Camera (BWC) and secured video of the crash scene and investigation. At this time, we request a copy of the following for our records. • BWC Video, • Crash Scene Photographs, • CAD Report, • 911 Call Tape, Attached is a copy of the complete Florida Traffic Crash Report to assist you in this request. In the event that there is a charge for this service, please provide our office with a copy of your invoice along with the above-mentioned items. In the event that your department requires pre-payment, please immediately provide our office with your invoice by either fax or email as listed below. If you have any questions, please do not hesitate to contact the undersigned. Thank you for your anticipated cooperation in this matter. We look forward to receiving these requested items as soon as possible. Very truly yours, Laura K. Mais, Paralegal Law Offices of Kleinman & Lessmann Email: laura@klfloridalaw.com Direct Dial: (561) 418-3006 LKM/lj MOT FLORIDA TRAFFIC CRASH REPORT HIGHWAY SAFETY OR 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 27/Aug/2021 10:02 PM 27/Aug/2021 10:02 PM 27/Aug/2021 12:00 AM 21-1728 87073133 CRASH IDENTIFIERS County Code City Code County of Crash Place or City of Crash Within City Limits Time Reported Time Dispatched 06 44 PALM BEACH GULF STREAM Yes 27/Aug/2021 27/Aug/2021 10:04 PM 10:04 PM Time on Scene Time Cleared Scene Completed Reason (if Investigation NOT Completed) Notified By 27/Au /2021 27/Aug/2021 11:59 Yes Law Enforcement 10:07 PM PM ROADWAY INFORMATION Crash Occured On Street, Road, Highway 0 At Street Address# © At Lattitude and Longitude SRA1A 3500 BLOCK 26.496914-80.053473 At Feet Or Miles Direction ()From Intersection With Street, Road, Highway O Or From Milepost # 5 South BANYAN RD Road System Identifier Type Of Shoulder Type Of Intersection 3 State 1 Paved 3 T-Intersection CRASH INFORMATION (Check if Pictures Taken) �x light Condition Weather Condition Roadway Surface Condition School Bus Related Manner Of Collision 4 Dark -Lighted 1 Clear 1 Dry 1 No First Harmful Event Type First Harmful Event First Harmful Event Location Within Interchange First Harmful Event Relation to Junction 15 1 On Roadway No 77 Other, Explain in Narrative Contributing Circumstances: Road Contributing Circumstances: Road Contributing Circumstances: Road 77 Other, Explain in Narrative 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) n Vehicle Motor Vehicle Type Hit and Run Veh License Number State Reg. Expires Permanent Reg. VIN 1 1 Vehicle in Transport 1 No HHRH74 FL 1GNSCGKC5GR416428 Year Make Model Style Color Extent of Damage Est. Damage Towed Due To Damage Vehicle Removed By Rotation 2016 CHEV UT UT WHI Disabling 25000 Yes ZUCCALA Rotation Insurance Company Insurance Policy Number TRAVELERS CASUALTY INS. 3N940831BA Name of Vehicle Owner (Check Box If Business) Current Address (Number and Street) City and State Zip Code r7 PHILIP ANDREW PIKE 4100 SANATUARY LN BOCA RATON FL 33431 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 A1A 35 35 2 CMV Configuration Cargo Body Type Area of Initial Impact Most Damaged Area 3 4 6 6 2 18. Undercarriage 2 3 4 5 6 ' 18. Undercarriage Comm GVWR/GCWR Trailer Type (trailer one) Trailer Type (trailer two) 4 Not Applicable 1s 1s s 19.Overturn 1 1s 1s 8 19.Overturn 20. Windshield 14 1s 1z 10 s 21. Trailer 14 20. Windshield 13 12 11 10 9 21. Trailer 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 Specival 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 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 1 No Controls 2 Collision with Non -Fixed Object 14 Motor Vehicle in Transport VEHICLE (Check if Commercial) n Vehicle 2 Motor Vehicle Type 2 Parked Motor Vehicle Hit and Run 1 No Veh License Number P1100399 State IL Reg. Expires Permanent Reg. VIN 1GNSCGKC5GR416428 Year Make Model Style Color Extent of Damage Est. Damage Towed Due To Damage Vehicle Removed By Rotation 2021 VOLVO AC WHI Minor 5000 No SECOND DRIVER - Rotation TATSIANA NOVIK Insurance Company Insurance Policy Number HSMV 90010 S Page 1 of 4 Date of Crash Date of Report Invest. Agency Report Number HSMV Crash Report Number 27/Aug/2021 10:02 PM 27/Aug/2021 10:02 PM 21-1728 87073133 Name of Vehicle Owner (Check Box If Business) Current Address (Number and Street) City and State Zip Code CARRY TRANSPORTATION INC 863 BITTERSWEET DR NORTHBROOK IL 60062 Trailer License Number State Reg. Expires Permanent Reg. VIN Year Make Length Axles One: 785892ST IL Yes 1T9VC5323MW296135 2021 KENT. 30 2 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 Al & BANYAN RD 0 35 2 CMV Configuration Cargo Body Type Area of Initial Impact Most Damaged Area 4 10 18. Undercarriage 2 3 4 5 s 7 18. Undercarr age Comm GVWR/GCWR Trailer Type (trailer one) Trailer Type (trailer two) 1 10,000 Ibs (4,536 k9) or less Auto Transport 19.Overturn r is is i� a19.Overturn 20. Windshield r4 s iz ro 9 ©.Trailer 20. Windshield 4 is iz a io 9 ©.Trailer Haz. Mat. Release Haz Mat. Placard Number Class 1 1 Motor Carrier Name US DOT Number CARRY TRANSPORTATION INC 1868131 Motor Carrier Address City and State Zip Code Phone Number 863 BITTERSWEET DR. NORTHBROOK IL 60062 Comm/Non-Commercial Vehicle Body Type Vehicle Defects (one) Vehicle Defects (two) Emergency Vehicle Use Specival Function of MV 1 20 Medium/Heavy Trucks 1 None 1 No 1 No Special Function (more than 10,000 Ibs (4,536 kg)) Vehicle Maneuver Action Trafficway Roadway Grade Roadway Alignment Most Harmful Event Most Harmful Event Detail 8 Parked 1 Two -Way, Not Divided 1 Level 1 Straight 2 Collision with Non -Fixed 15 Parked Motor Vehicle 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 1 No Controls 2 Collision with Non -Fixed Object 15 Parked Motor Vehicle PERSON RECORD Person# Description Vehicle # Name Date of Birth Sex Phone Number Re -Exam 1 1 Driver 1 PHILIP ANDREW PIKE 07/Apr/1967 1 Male 5615734248 No Address City State Zip Code 4100 SANCTUARY LN BOCA RATON FL 33431 Driver License Number State Expires DL Type Req. End. Injury Severity Ejection P2006616712700 FL 071Apr/2025 5 E/Operator 3 No Req 1 None 1 Not Ejected Endorsement Restraint System lAir Bag Deployed Helmet Use Eye Protection Seating Location Seat Seating Location Row Seating Location Other 3 Shoulder and Lap Belt 3 Deployed -Front 1 Left 1 Front 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 No Contributing Action 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 No Contributing Action 2 Operated MV in Careless or Negligent Manner 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 1No 1No 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 Injury Severity Ejection 2 3 Passenger 1 ANTHONY VINCENT PUGLIESE 02/Jan/1947 1 Male 1 None 1 Not Ejected Address City State Zip Code 3145 N OCEAN BLVD GULFSTREAM FL 33321 Restraint System lAir Bag Deployed Helmet Use Eye Protection Seating Location Seat Seating Location Row Seating Location Other 3 Shoulder and Lap Belt 2 Not Deployed 3 1 1ed Us 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 Injury Severity Ejection 3 3 Passenger 1 CATHERINE DEGABRIELLE 16/Sep/1956 2 Female 1 None 1 Not Ejected Address City State Zip Code 23668 MIRABELLA CIR N BOCA RATON FL 33433 Restraint System lAir Bag Deployed Helmet Use Eye Protection Seating Location Seat Seating Location Row Seating Location Other 3 Shoulder and Lap Belt 2 Not Deployed 1 2 1 Used Source of Transport to Medical Facility EMS Agency Name or ID EMS Run Number Medical Facility Transported To 1 Not Transported PERSON RECORD Page 2 of 4 Date of Crash Date of Report Invest. Agency Report Number HSMV Crash Report Number 27/Aug/2021 10:02 PM 27/Aug/2021 10:02 PM 21-1728 87073133 Person# Description Vehicle # Name Date of Birth Sex Injury Severity Ejection 4 3 Passenger 1 LAURA KAY PUGLIESE 15/Nov/1960 2 Female 1 None 1 Not Ejected Address City State Zip Code 3145 N OCEAN BLVD GULFSTREAM FL 33483 Restraint System lAir Bag Deployed Helmet Use Eye Protection Seating Location Seat Seating Location Row Seating Location Other 3 Shoulder and Lap Belt 4 Deployed -Side 3 2 Used 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 Name Date of Birth Sex Injury Severity Phone Number 5 2 Non -Motorist VALENTIN IVANOVICH NOVIK 17/Feb/1959 1 Male 3 Non -incapacitating Address City State Zip Code 2050 OLEANDER BLVD APT 3 104 FORT PIERCE FL 34950 Non -Motorist Description Detail Non -Motorist Action Prior to Crash Non -Motorist Location at Time of Crash 5 Occupant of Motor Vehicle Not in Transport (parked, 77 Other, Explain in Narrative 77 Other, Explain in Narrative etc.) Non -Motorist Actions/Circumstance (First) Non -Motorist Actions/Circumstance (Second) Non -Motorist Safety Equipment (One) Non -Motorist Safety Equipment (Two) 1 No Improper Action 4 Reflective Clothing Qacket, backpack, etc.) 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 No Source of Transport to Medical Facility EMS Agency Name or ID EMS Run Number Medical Facility Transported To 2 EMS DELRAY BEACH FIRE RESCUE DB 21010855 BETHESDA HOSPITAL VIOLATIONS Person# Name Florida Statute Number Charge Citation 1 PHILIP ANDREW PIKE 316.1925(1) CARELESS DRIVING Charge AlPKOTP Person# Name Florida Statute Number Citation 5 VALENTIN IVANOVICH NOVIK 316.1945(1)(a)3 IMPROPER STOP WITHIN INTERSECTION AlPKOVP NARRATIVE Vehicle 1 driver stated " I was traveling south bound on SRAIIA and collided with a ramp off the rear of a auto transport carrier. I did not see the ramp of the auto transport carrier because it did not have lights displayed at the time of the crash." Vehicle 2 driver Stated " my auto transport carrier was stopped on SRA1A in the south bound lane. I was delivering a vehicle when Vehicle 1 collided with one of the ramps off the rear of my auto transport carrier causing a steel plate to strike my foot. " Veh. 1 struck Veh. 2 causing damage to the driver side ramp of Veh 2 and injury to the driver of Veh. 2's foot, who was standing at the rear of the ramp when contact was made. Veh.1 air bags deployed Veh.1 was disabled due to damage and towed away. The driver of Veh.2 was transported to Bethesda hospital for treatment. There were no other reported injuries at the time. Veh. 2 was driven away from the accident scene by an alternate driver. REPORTING OFFICER ID/Badge # Rank and Name Department Type of Department 758 OFFICER O'NEAL,A GULF STREAM POLICE DEPARTMENT PD Page 3 of 4 Date of Crash Date of Report Invest. Agency Report Number HSMV Crash Report Number 27/Aug/2021 10:02 PM 27/Aug/2021 10:02 PM 21-1728 87073133 1� NOT TO SCALE hA AREA OF IMPACT 4RANYAN No d o a ova Page 4 of 4 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail October 21, 2021 Libby Jack [mail to: Libby@KLFloridalaw.com] Re: GS #2856 (Police Report 21-1728) It is our understanding that the investigation police officer activated their Body Worn Camera (BWC) and secured video of the crash scene and investigation. At this time, we request a copy of the following for our records. • BWC Video, • Crash Scene Photographs, • CAD Report, • 911 Call Tape Dear Libby Jack [mail to: Libby@KLFloridalaw.com]: The Town of Gulf Stream has received your public records request dated October 8, 2021. You should be able to view your original request and at the following link: https://portal.laserfiche.com/Portal/DocView.aspx?id=177333&repo=r-430100cc The City of Delray Beach serves as the Town’s Dispatch. The Town has submitted your request to the City of Delray Beach to provide these records, resulting in two invoices from the City of Delray Beach to provide these records. The Town now estimates that to fully respond to your request will require $82.97 which includes the invoices from the City of Delray Beach and $4.00 for the thumb drive of the BWC Video. The Town of Gulf Stream does not have any crash scene photographs. If the costs of producing these documents will exceed your deposit, the Town will provide you with an initial production of responsive records and an estimate to produce any additional responsive records. If the costs of production are less than the deposit, the Town will provide you with the responsive records and a refund. (26.77 + 52.20 + 4.00 = 82.97) Deposit Due: $82.97 in cash or check. Upon receipt of your deposit, the Town will use its very best efforts to further respond to your public records request in a reasonable amount of time by coordinating production with the City of Delray Beach. If we do not hear back from you within 30 days of this letter, we will consider this request closed. Sincerely, Reneé Rowan Basel As requested by Rita Taylor Town Clerk, Custodian of the Records 10/20/21, 2:39 PM Print Invoice Delray Beach Police 300 West Atlantic Avenue Delray Beach, Florida 33444 (561)243-7888 The City of Delray Beach accepts Cash, Checks, or Major Credit Cards. Checks should be made payable to City of Delray Beach. Credit Card payments can be made in person at City Hall. Remit To: 300 West Atlantic Avenue Delray Beach, FL 33444 (561)243-7888 Bill To: Renee' Basel 100 Sea Road Gulf Stream, FL 33483 11 Invoice Summary Invoice No: INV21-P003403-1 Request Reference Number: P003403-100821 Invoice Date: 10/20/2021 Due Date: 11/19/2021 Status: Open Balance Due $26.77 Category Description Details Cost Unit Add Overhead Total Qty. Qty. Waived Qty. Charged Total ESTIMATE (Dispatch) Beyond 20 FOR TWO Research, minutes: (2) Retrieval Employee's Per PHONE $40.15 0.67 0.00 0.67 $26.77 and Labor Cost Hour RECORDS Redacting (Dispatch) = 40 MIN. Comments: Pursuant to Florida Statutes Section 119.07(4)(d), the department is providing you with an invoice for the estimated anticipated charges. If you wish to only pay a deposit of half (50%) at this time, please let us know within 7 days and we will provide you with an adjusted invoice. Payment must be received within 30 days; requests not paid in full within 30 days will be considered cancelled/closed. Please be advised, no further work can be completed until payment is received and requests are processed in the order in which payment is received. Totals: Total: $26.77 Payments: $0.00 Balance Due $26.77 https://pd-delraybeach.govqa.us/WEBAPP/_rs/(S(zkjyegbdr4duglgvdfwbtxjd))/Printinvoice.aspx?iid=2234&sSessionlD=50244164141 QMJICYXBPSK... 1/2 10/20/21. 2:40 PM Print Invoice Delray Beach Police 300 West Atlantic Avenue Delray Beach, Florida 33444 (561) 243-7888 The City of Delray Beach accepts Cash, Checks, or Major Credit Cards. Checks should be made payable to City of Delray Beach. Credit Card payments can be made in person at City Hall. Remit To: 300 West Atlantic Avenue Delray Beach, FL 33444 (561)243-7888 Bill To: Renee' Basel 100 Sea Road Gulf Stream, FL 33483 Invoice Summary Invoice No: Request Reference Number: Invoice Date: Due Date: Status: Balance Due Category Description Details (Dispatch) Beyond 20 ESTIMATE Research, minutes: FOR Retrieval Employee's RADIO and Labor Cost TRAFFIC Redacting (Dispatch) = 1.30 H RS Cost Unit Add Overhead Total Oty. $40.15 Per Hour 1.30 I NV21-P003403-2 P003403-100821 10/20/2021 11 /19/2021 Open $52.20 Qty. Waived Qty. Charged Total 0.00 1.30 $52.20 Comments: Pursuant to Florida Statutes Section 119.07(4)(d), the department is providing you with an invoice for the estimated anticipated charges. If you wish to only pay a deposit of half (50%) at this time, please let us know within 7 days and we will provide you with an adjusted invoice. Payment must be received within 30 days; requests not paid in full within 30 days will be considered cancelled/closed. Please be advised, no further work can be completed until payment is received and requests are processed in the order in which payment is received. Totals: Total: $52.20 Payments: $0.00 Balance Due $52.20 hftps:Hpd-delraybeach.govga.us[W EBAPP/_rs/(S(deOygyhl2jmuwbcg23ta44jt))/Printi nvoice.aspx?iid=2235&sSessioni D=50244164141 QMJICYXB PS ... 1 /2 Renee Basel From:Elizabeth Jack <libby@klfloridalaw.com> Sent:Monday, October 25, 2021 3:19 PM To:Renee Basel Subject:RE: GS #2856 (Police Report 21-1728) \[NOTICE: This message originated outside of the Town of Gulfstream -- DO NOT CLICK on links or open attachments unless you are sure the content is safe.\] Good afternoon, Ms. Basel. Please cancel all requests for records. Thank you. Very truly yours, Libby Jack, Legal Assistant Kleinman Lessmann Injury Attorneys 7777 W Glades Road, Suite 214 Boca Raton, FL 33434 561.708.4271 direct 561.226.2577 fax Libby@KLFloridalaw.com To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet. This e-mail is intended to be reviewed solely by the named recipient(s), and may contain privileged and/or work product information. If you are not the intended recipient, please delete this e-mail from your computer and advise the sender of your receipt of this e-mail. Any misdirection of this e-mail shall not be construed as a waiver to any attorney/client or attorney work product privilege. From: Renee Basel <rbasel@gulf-stream.org> Sent: October 21, 2021 2:34 PM To: Elizabeth Jack <libby@klfloridalaw.com> Subject: GS #2856 (Police Report 21-1728) Good afternoon, Libby: Please see attached correspondence. 1 Kind regards, Reneé Basel The linked image cannot be displayed. The file may have been moved, renamed, or deleted. Verify that the link points to the correct file and location. Confidentiality Notice: This e-mail message, including any attachments, is for the sole use of the intended recipient(s). If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. Florida has a very broad public records law. Written communications regarding Town of Gulf Stream business are public records available to the public upon request. Your e-mail communications are therefore subject to public disclosure. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing. Confidentiality Notice: This e-mail message, including any attachments, is for the sole use of the intended recipient(s). If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. Florida has a very broad public records law. Written communications regarding Town of Gulf Stream business are public records available to the public upon request. Your e-mail communications are therefore subject to public disclosure. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing. 2