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					VIRGINIA:

IN THE CIRCUIT COURT FOR THE CITY OF CHARLOTTESVILLE

GERALD MITCHELL, Plaintiff, v. GREG DAVIS, Serve: Greg Davis Albemarle County Police Department 1600 5th Street, Suite D Charlottesville, VA 22902 (County of Albemarle) STEVE GRISSOM, Serve: Steve H. Grissom Charlottesville Police Department 606 E. Market Street Charlottesville, Virginia 22902 (City of Charlottesville) CITY OF CHARLOTTESVILLE, Serve: S. Craig Brown, City Attorney Charlottesville City Attorney’s Office West Main Street Charlottesville, Virginia 22902 COMPLAINT COMES NOW the Plaintiff, by counsel, and for his Complaint against Defendants states as follows: Parties 1. At all relevant times the individual parties were residents of, and/or doing AT LAW NO. ____________________

business within the Commonwealth of Virginia.

2.

At all relevant times and in connection with the actions set forth below,

Defendant Grissom was, based on information and belief, acting within the scope of his employment as an officer and agent of the City of Charlottesville, a municipality legally incorporated under the laws of the Commonwealth of Virginia, (hereinafter the City). 3. All actions set forth below by City police or on behalf of the City police

department and/or by Defendant Grissom were, based on information and belief, done within the scope of employment as a City agent and, additionally, were pursuant to policy established by the City or its policy-making agents. 4. Based on information and belief, Defendant Davis, Defendant Grissom

and other City officials acted in concert and in furtherance of all of the actions set forth below by City police. Facts 5. On or about November 5, 2007, at approximately 10:42 a.m., Gerald

Mitchell was in a wheelchair crossing West Main Street in the City of Charlottesville and had entered the cross-walk at the intersection with 4th Street. 6. At the same time and place, Defendant Greg Davis was driving a police

vehicle from 4th Street onto West Main Street in the City of Charlottesville. 7. At that time and place, Defendant Davis negligently operated his vehicle

as a result of which he crashed it into the back of Mr. Mitchell’s wheelchair, throwing Mr. Mitchell out of the chair and onto the pavement. 8. At the time of the crash, Defendant Davis was driving his vehicle through

the City of Charlottesville and was not at the time responding to any emergency, attempting to apprehend any lawbreaker or engaged in any other matter of urgency.

9.

As a direct and proximate result, Mitchell suffered various personal and

other damages as detailed below. 10. After the crash, Defendant Grissom, who was on duty in his job as a patrol

officer with the Charlottesville Police Department, arrived on the scene. 11. accident. 12. At the scene and in the time immediately thereafter, Defendant Grissom Various other police personnel arrived at the scene in the minutes after the

and Defendant Davis together, and, based on information and belief, together with at least one supervisor and possibly other officers with the Charlottesville Police Department, conspired to, and acted in concert together to have Mr. Mitchell charged with an offense, ultimately with the failure to obey a pedestrian crossing signal. 13. In addition, based on information and belief, the actions set forth above by

Defendants Grissom, Davis and others were based on Charlottesville police policy to protect officers within their jurisdiction. 14. Mr. Mitchell was served with the ticket by Defendant Grissom, while

Defendant Davis was present, while Mitchell lay in his hospital bed at the University of Virginia Medical Center. 15. As a result of this ticket issued at the request of Defendants, Mr. Mitchell

was forced to hire an attorney, and to appear and defend himself in the General District Court for the City of Charlottesville, where he was eventually found not guilty. 16. Defendant Grissom and Defendant Davis and Defendant City of

Charlottesville, acting through its agents, had reason to know that there was no probable cause to issue a ticket to Mr. Mitchell and only did so maliciously for the improper

purpose of seeking to protect Davis by diverting charges from Defendant Davis and/or to justify Defendant Davis’ negligent operation of his police vehicle which resulted in the crash. 17. As a result of the improper actions of the Defendants, Mr. Mitchell has

sustained damage to his reputation, sustained loss to his ability to pursue his calling and profession, sustained lost opportunity to fulfill his calling, and has experienced severe emotional and bodily distress. 18. The actions of the Defendants constituted misconduct were done with

actual malice, and with such negligence or recklessness as to evidence a conscious disregard for the rights or others. 19. The above-described actions constitute malicious prosecution for which

Defendants are liable to Mr. Mitchell for both compensatory and punitive damages. 20. Defendants acted intentionally in filing and serving what they knew to be

baseless charges against Mr. Mitchell. 21. The conduct of the Defendants was outrageous and intolerable under all

the circumstances, including that it was Davis’ negligence not Mitchell’s which caused the accident, including that Mr. Mitchell was confined to his hospital bed recovering from the as a result of the very negligence of Defendant Davis when they visited him to serve the summons, including that Defendants knew that the charges were baseless and proceeded with the charges solely as a means of distracting from Defendant Davis’ own negligence and otherwise protecting Defendant Davis from whatever ramifications may have arisen, consistent with City police habit and policy, and including that the charge was an abuse of power by Defendants.

22.

This wrongful conduct of the Defendants caused Mr. Mitchell emotional

distress so severe that no person should be expected to endure it: After incurring the trauma of being suddenly hit by a police vehicle and thrown from his wheelchair, and in addition to the loss of the opportunity to participate in an important art show in New York, as previously scheduled, as a result of the injuries, Mr. Mitchell was forced to divert his attention from getting better from the injuries caused by the crash to instead worrying over criminal prosecution, worrying about having to attend court, worrying about having to obtain a lawyer to defend himself including while he lay in this hospital bed, and worrying about the consequences of the criminal prosecution should he be found guilty. As a result of this outrageous conduct by Defendants, Mr. Mitchell has suffered depression-like symptoms, nervousness, nightmares, and flash-backs of being hit by the vehicle, and at one subsequent point sought medical care on the belief that he was having a stroke. Mr. Mitchell has sought professional counseling because of the mental stress that he has suffered as a result of Defendants’ conduct set forth above. Mr. Mitchell also suffered humiliation and injury to his reputation that rendered it difficult for him to fully pursue his trade as an artist. At one point, as a result of these stressful events and Defendants’ conduct, he became unable to care for himself and was forced to be rehospitalized. This hospitalization led him into a spiral wherein he suffered pressure sores in his right foot, which may ultimately cause him to loose his foot. The stress and emotional burden that this has created are all a direct and proximate result of the original negligence of Defendant Davis and especially as compounded by the subsequent misconduct of the Defendants. The stress of potentially losing a foot has likewise

severely limited every aspect of Mr. Mitchell’s life, as he now is forced to undergo expensive and time-consuming home health care which limits his free time and mobility. 23. The above-described actions constitute intentional infliction of emotional

distress for which Defendants are jointly and severally liable to Mr. Mitchell for compensatory damages. Damages 24. As a direct and proximate result of Defendants’ conduct, Mr. Mitchell has

suffered serious and permanent bodily injury; physical pain and mental anguish in the past which he may be reasonably expected to suffer in the future; disfigurement and deformity and associated humiliation and embarrassment; inconvenience caused in the past which may reasonably be expected to occur in the future; lost earnings, future lost earnings and a lessening of earning capacity. 25. As a direct and proximate result of Defendants’ conduct, Mr. Mitchell

incurred the trauma of being suddenly hit by a police vehicle and thrown from his wheelchair, and in addition to the loss of the opportunity to participate in an important art show in New York, as scheduled, as a result of the injuries, Mr. Mitchell was forced to divert his attention from getting better from the injuries caused by the crash to instead worrying over criminal prosecution, worrying about having to attend court, worrying about having to obtain a lawyer to defend himself including while he lay in this hospital bed, and worrying about the consequences of the criminal prosecution should he be found guilty. As a direct result, Mr. Mitchell has suffered depression-like symptoms, nervousness, nightmares, and flash-backs of being hit by the vehicle, and at one point sought medical care on the belief that he was having a stroke. Mr. Mitchell has sought

professional counseling because of the mental stress that he has suffered as a result of Defendants’ conduct set forth above. Mr. Mitchell also suffered humiliation and injury to his reputation that rendered it difficult for him to fully pursue his trade as an artist. At one point, as a result of these stressful events and Defendants’ conduct, he became unable to care for himself and was forced to be rehospitalized. This hospitalization led him upon a spiral where he suffered pressure sores in his right foot, which may ultimately cause him to loose his foot. The stress and emotional burden that this has created are all a direct and proximate result of the conduct of the Defendants. The stress of potentially losing a foot has likewise severely limited every aspect of Mr. Mitchell’s life, as he now is forced to undergo expensive and time consuming home health care which limits his free time and mobility. 26. As a result of the above negligent, malicious and improper actions of the

Defendants, Mr. Mitchell has sustained damage to his reputation, his ability to pursue his calling and profession, lost opportunity to fulfill his calling, and has experienced severe emotional and bodily distress. WHEREFORE, Gerald Mitchell moves for Judgment against Greg Davis and Steve Grissom and the City of Charlottesville, jointly and severally, for negligence, malicious prosecution, and intentional infliction of emotional distress, in the sum of $500,000.00, (FIVE HUNDRED THOUSAND DOLLARS), as compensatory damages plus interest from November 5, 2007, plus his costs occurred herein. Mr. Mitchell is also entitled to punitive damages in the amount of $350,000.00, (THREE HUNDRED AND FIFTY THOUSAND DOLLARS). TRIAL BY JURY IS DEMANDED.

PLAINTIFF’S FIRST SET OF INTERROGATORIES TO DEFENDANT DAVIS COMES NOW, Gerald Mitchell by counsel, and propounds the following interrogatories to the Defendant Davis, pursuant to Rule 4:8 of the Rules of the Supreme Court of Virginia, to be answered under oath as required within the time specified under the Rules: Definitions and Instructions A. These Interrogatories are continuing in character so as to require you to

file supplementary Answers if you should obtain further or different information before trial. B. "Person" shall mean the plural as well as the singular and shall include any

natural person, corporation, partnership, joint venture, association, government agency, and every other form of entity cognizable at law. C. "Identity" and "identify" when used in reference to an individual person

means to state the full name, relationship to you, present or last known home and business addresses, home and business telephone numbers, and the present or last known position and business affiliation of such person. D. Unless otherwise indicated, these Interrogatories refer to the time, place

and circumstances of the occurrence mentioned or complained of in the Complaint. E. "You" and "your" means the Defendant, his/her agents, employees,

representatives, experts, investigators, insurers, attorneys, or anyone acting on behalf of the foregoing.

F.

The phrase "state the facts" with respect to a specified matter shall mean to

state each and every act, omission, incident, event, condition, or circumstance pertinent to the matter. G. With respect to your Answer to each Interrogatory, state the source of the

information given therein with as much particularity as is reasonably possible, including the identity of each person, or document providing the information included in such Answer. In addition, identify each other person known or believed to have some or all of the information provided in such Answer. Whenever you do not have knowledge of or access to the requested information, please identify the person who or identity which can provide such information. H. All Interrogatories should be answered on the basis of your knowledge or

information and belief, including that learned through hearsay, and including the persons mentioned above in clause (E.). I. If you cannot answer an Interrogatory after conducting a reasonable

investigation, you should so state and answer to the extent that you can, stating what information that you do have, what information you cannot provide, and what efforts you have made to obtain the unknown requested information. J. "Documents" mean any written, recorded or graphic matter however

produced, or reproduced and whet her or not claimed to be privileged against discovery on any grounds, including, but not limited to, statements, reports, records, lists, memoranda, telegrams, correspondence, schedules, photographs, videotapes, sound recordings, microfilm, microfiche, files and information stored in computers or other data or word processing equipment.

1.

Identify yourself by stating your name, address, date of birth, social

security number, telephone number, educational background, marital status, occupation and name and address of your employer. ANSWER:

2.

State the facts as to how the accident occurred. In your Answer, explain

and describe what effort, if any, you made to avoid the accident and state the facts fully and in complete detail of all that you contend that the Plaintiff did or failed to do which in any way caused or contributed to the accident. ANSWER:

3.

Give the names, address and telephone numbers of all persons who were

witnesses and/or were at or near the scene or location of the collision that is the subject of this lawsuit, or who arrived at the scene within one hour after the collision. Said

identification to include complete street address, city, and state. There will be an objection raised at trial to any individual called as a witness to testify in this regard, who has not been identified.

ANSWER:

4.

If anyone whether a party or a witness to this suit, including but not

limited to the plaintiff, or any other person involved in, or a witness to, the collision or the other events which are the subjects of this lawsuit, made or gave to anyone any statement, comment or report concerning the subject occurrence or fact relevant to any issue in this case, including but not limited to, the happening of the subject occurrence or events, and of any injuries or damages sustained by anyone involved in the subject occurrence or anyone claiming injuries or damages as a result of the subject occurrence, please include the date of each statement; the name, address and telephone number of the person who took such statement; and the present custodian(s) of such statement and attach a copy of the statement[s] in your possession. ANSWER:

5.

Please identify all statements given to you, or to any agent on your behalf

or on behalf of the Albemarle County Police Department or the Charlottesville Police Department. Please include the date of each statement; the name, address and telephone number of the person who took such statement; and the present custodian(s) of such statement, and attach a copy of any statement[s] in your possession. ANSWER:

6.

Give the names and addresses of all persons who investigated the events

and the collision which are the subject of this lawsuit. ANSWER:

7.

Describe all of your activities in the eight hours prior to the crash in this

case, as well as your activities in the eight hours after the crash, including any place you went, any calls you answered, any persons you spoke to, any forms you completed and any meetings or debriefings that you attended. ANSWER:

8.

If you have knowledge of any photographs, tape recordings or any other

items of physical evidence relevant to this case, please state the name and address of the custodian[s] of the evidence. ANSWER:

9.

With regard to the allegations referenced in plaintiff’s Complaint, identify

each policy of insurance which might afford liability coverage to you, including all umbrella, excess, commercial general liability, farm and automobile policies insuring the vehicle owned, operated or controlled by you; all policies under which you are an additional insured; and any excess, umbrella, or other policies. For each policy listed, state the name and address of the named insured and of the insurance company, the policy number, the policy period, and the limits of liability coverage for personal injuries and property damages, and whether question or doubt exists as to your rights under the policy (reservation of rights asserted, non-waiver agreement, etc.). ANSWER:

10.

Excluding counsel and their agents, identify each and every person who

has knowledge of the events of the accident and the injuries and/or damages alleged. Said identification to include complete street address, city, and state. An objection will be made at trial to any individual called to testify who is not identified in your response to this Interrogatory. ANSWER:

11.

State the full factual basis for any and all affirmative defenses you assert

in your Answer. ANSWER:

12.

If you contend that any or all of the injuries/medical bills claimed by the

plaintiff are not the result of the accident giving rise to this lawsuit, or if you or anyone acting in your behalf has performed, ordered or coordinated any observations or surveillance of the plaintiff since the accident giving rise to this lawsuit, please describe in complete detail the basis of this contention, all facts which support this contention, which specific injuries/bills you contend are unrelated and the specific event/incident, if any, you contend brought about the unrelated injuries/bills, as well as any surveillance tapes, documents or other evidence as well as name[s], address[es] of witness[es] to the surveillance. ANSWER:

13.

For each expert witness you expect to call at trial, please provide his/her

qualifications, the subject matter on which he/she is expected to testify, the substance of the facts and opinions to which he/she is expected to testify and a summary of the grounds for each opinion. ANSWER:

14.

Please state whether you have ever been the subject of any lawsuit, citizen

complaint or other disciplinary action. If so, describe the circumstances surrounding it and for lawsuits, the court in which it was filed. ANSWER:

15.

State the numbers of any cell-phones or pagers or any other

communications devices issued to you by your employer as well as any that you had with you privately at the time of the accident. ANSWER:

PLAINTIFF’S FIRST REQUEST FOR PRODUCTION OF DOCUMENTS TO DEFENDANT DAVIS Pursuant to Rule 4:9 of the Rules of the Supreme Court of Virginia, you are requested within the time specified by the Rules of the Supreme Court of Virginia to produce all of the following documents which are in your possession or in the possession of your attorney at the law offices of Lenhart Obenshain PC, 100 10th Street, Suite 300, Charlottesville, Virginia, 22902, on any business day between 9:00 a.m. and 4:00 p.m., to be inspected or photocopied by counsel for the plaintiff: 1. Any and all statements taken from the persons identified in response to

Interrogatory No. 4. 2. Any and all statements taken from the persons identified in response to

Interrogatory No. 5. 3. Any and all statements taken from the persons identified in response to

Interrogatory No. 6. 4. Any and all documents relied upon to provide your answer to

Interrogatory No. 7. 5. Any and all statements, notes, documents, photographs, videotapes, or

other tangible things generated by any person identified in response to Interrogatory No. 12. 6. Any and all photographs, film, videotape, moving pictures, drawings,

diagrams, or any other graphic or visual representation or depiction of the scene of the occurrence, or of any objects connected with the occurrence, or of any injuries or damages sustained by the plaintiff as a result of the subject occurrence.

7.

Any and all reports, notes, written materials, or electronically stored or

computer stored information evidencing the findings or opinions regarding any fact or issue relevant to this case, of any expert whom you intend to call as a witness at the trial of this matter. 8. lawsuit. 9. Any and all written material or physical evidence of any kind which you Any and all written or recorded statements of any party to the present

intend to offer in evidence at the trial of this matter. 10. 11. Any and all repair bills and estimates for damages to your vehicle. Please provide any and all reports, whether accident, incident or

otherwise, with respect to the subject occurrence made by you or at your request. 12. Any and all documents, tapes, recordings, transcripts, records and docket

entries from any hearing, criminal, traffic or otherwise, arising out of the subject occurrence. 13. Any photographs of the vehicles and/or of the scene involved in the

incident alleged in the Complaint. 14. All medical records pertaining to the plaintiff, or other items subpoenaed

during the course of this litigation pursuant to Rule 4:9(c). 15. A copy of any and all policies of insurance which may provide some

coverage for the accident complained of in this action, including umbrella, excess, farm, commercial general liability, underinsured and uninsured motorist coverage, together with a copy of the declaration sheet or other documents showing the nature and extent of the coverage provided under such policy or policies.

16. 17.

A copy of the front and back of your driver’s license. A copy of the registration for the vehicle involved in the collision

complained of in this action. 18. Copies of any and all memoranda, notes, statements or other written or

otherwise recorded documents reflecting any police department investigation into your actions as a result of this accident or the subsequent charges filed against Gerald Mitchell. 19. Any records of cellular telephone bills, or calls, or other electronic

transmissions made by you in the period from one hour before the accident that is the subject of the Complaint to the disposition of this matter in the General District Court for the City of Charlottesville on January 3, 2008. 20. Any and all tapes or transcripts of 911 calls, police transmissions, emails,

memoranda or other records or documents indicating the purpose of the trip you were on at the time of the accident that is the subject of the Complaint in this case.

PLAINTIFF’S FIRST REQUESTS FOR ADMISSION TO DEFENDANT DAVIS Comes now Gerald Mitchell, by counsel, pursuant to Rule 4:11 of the Rules of the Supreme Court of Virginia, and requests that the defendant Davis admit the truth of the following statements within twenty-one (21) days hereof: INSTRUCTIONS: Reference to “accident” refers to the accident outlined in the Complaint that occurred on November 5, 2007. 1. Admit that at the time of the accident, you were working for the

Albemarle County Police Department. 2. Admit that at the time of the accident, you were on duty as an officer with

the Albemarle County Police Department. 3. Admit that at the time of the accident, you were driving your vehicle

through the City of Charlottesville. 4. car. 5. Admit that at the time of the accident, the lights and siren on your vehicle Admit that at the time of the accident you were driving a marked patrol

were not activated. 6. Admit that at the time of the accident, you were not operating your vehicle

under emergency conditions. 7. Admit that at the time of the accident, you were not operating your vehicle

in the chase or apprehension of violators of the law or persons charged or suspected of any such violation.

8.

Admit that at the time of the accident, you were not operating your vehicle

in response to an emergency call. 9. Admit that at the time of the accident, you were not engaged in any

vehicular pursuit. 10. Admit that at the time of the accident, you were not actively investigating

any criminal activity. 11. any accident. 12. Admit that at the time of the accident, you were not driving to the scene Admit that at the time of the accident, you were not driving to the scene of

where any fellow officer was in need of immediate or emergency assistance. 13. Admit that at the time of the accident, you were driving in routine traffic.

PLAINTIFF’S FIRST SET OF INTERROGATORIES TO DEFENDANT GRISSOM COMES NOW, Gerald Mitchell by counsel, and propounds the following interrogatories to the Defendant Grissom, pursuant to Rule 4:8 of the Rules of the Supreme Court of Virginia, to be answered under oath as required within the time specified under the Rules: Definitions and Instructions A. These Interrogatories are continuing in character so as to require you to

file supplementary Answers if you should obtain further or different information before trial. B. "Person" shall mean the plural as well as the singular and shall include any

natural person, corporation, partnership, joint venture, association, government agency, and every other form of entity cognizable at law. C. "Identity" and "identify" when used in reference to an individual person

means to state the full name, relationship to you, present or last known home and business addresses, home and business telephone numbers, and the present or last known position and business affiliation of such person. D. Unless otherwise indicated, these Interrogatories refer to the time, place

and circumstances of the occurrence mentioned or complained of in the Complaint. E. "You" and "your" means the Defendant, his/her agents, employees,

representatives, experts, investigators, insurers, attorneys, or anyone acting on behalf of the foregoing.

F.

The phrase "state the facts" with respect to a specified matter shall mean to

state each and every act, omission, incident, event, condition, or circumstance pertinent to the matter. G. With respect to your Answer to each Interrogatory, state the source of the

information given therein with as much particularity as is reasonably possible, including the identity of each person, or document providing the information included in such Answer. In addition, identify each other person known or believed to have some or all of the information provided in such Answer. Whenever you do not have knowledge of or access to the requested information, please identify the person who or identity which can provide such information. H. All Interrogatories should be answered on the basis of your knowledge or

information and belief, including that learned through hearsay, and including the persons mentioned above in clause (E.). I. If you cannot answer an Interrogatory after conducting a reasonable

investigation, you should so state and answer to the extent that you can, stating what information that you do have, what information you cannot provide, and what efforts you have made to obtain the unknown requested information. J. "Documents" mean any written, recorded or graphic matter however

produced, or reproduced and whet her or not claimed to be privileged against discovery on any grounds, including, but not limited to, statements, reports, records, lists, memoranda, telegrams, correspondence, schedules, photographs, videotapes, sound recordings, microfilm, microfiche, files and information stored in computers or other data or word processing equipment.

1.

Identify yourself by stating your name, address, date of birth, social

security number, telephone number, educational background, marital status, occupation and name and address of your employer. ANSWER:

2.

State your justification for issuing a citation to Gerald Mitchell. In your

Answer, provide the names and titles of all individuals that you consulted in making the decision to issue the citation. ANSWER:

3.

Give the names, address and telephone numbers of all persons who were

witnesses and/or were at or near the scene or location of the collision that is the subject of this lawsuit, or who arrived at the scene within one hour after the collision. Said identification to include complete street address, city, and state. There will be an objection raised at trial to any individual called as a witness to testify in this regard, who has not been identified.

ANSWER:

4.

Please identify all statements given to you, or to any agent on your behalf

or on behalf of the Albemarle County Police Department or the Charlottesville Police Department. Please include the date of each statement; the name, address and telephone number of the person who took such statement; and the present custodian(s) of such statement, and attach a copy of any statement[s] in your possession. ANSWER:

5.

Give the names and addresses of all persons who investigated the events

which are the subject of this lawsuit. ANSWER:

6.

Describe all of your activities in the eight hours after you became aware of

the crash in this case, including any place you went, any calls you answered, any persons you spoke to, any forms you completed and any meetings or debriefings that you attended. ANSWER:

7.

If you have knowledge of any photographs, tape recordings or any other

items of physical evidence relevant to this case, please state the name and address of the custodian[s] of the evidence. ANSWER:

8.

With regard to the allegations referenced in plaintiff’s Complaint, identify

each policy of insurance which might afford liability coverage to you, including all umbrella, excess, commercial general liability, farm and automobile policies insuring the vehicle owned, operated or controlled by you; all policies under which you are an additional insured; and any excess, umbrella, or other policies. For each policy listed, state the name and address of the named insured and of the insurance company, the policy number, the policy period, and the limits of liability coverage for personal injuries and property damages, and whether question or doubt exists as to your rights under the policy (reservation of rights asserted, non-waiver agreement, etc.). ANSWER:

9.

Excluding counsel and their agents, identify each and every person who

has knowledge of the events of the accident and the injuries and/or damages alleged. Said identification to include complete street address, city, and state. An objection will be made at trial to any individual called to testify who is not identified in your response to this Interrogatory. ANSWER:

10.

If you contend that any or all of the injuries/medical bills claimed by the

plaintiff are not the result of the accident giving rise to this lawsuit, or if you or anyone acting in your behalf has performed, ordered or coordinated any observations or surveillance of the plaintiff since the accident giving rise to this lawsuit, please describe in complete detail the basis of this contention, all facts which support this contention, which specific injuries/bills you contend are unrelated and the specific event/incident, if any, you contend brought about the unrelated injuries/bills, as well as any surveillance tapes, documents or other evidence as well as name[s], address[es] of witness[es] to the surveillance. ANSWER:

11.

For each expert witness you expect to call at trial, please provide his/her

qualifications, the subject matter on which he/she is expected to testify, the substance of the facts and opinions to which he/she is expected to testify and a summary of the grounds for each opinion. ANSWER:

12.

Please state whether you have ever been the subject of any lawsuit, citizen

complaint or other disciplinary action. If so, describe the circumstances surrounding it and for lawsuits, the court in which it was filed. ANSWER:

13.

State the numbers of any cell-phones or pagers or any other

communications devices issued to you by your employer as well as any that you had with you privately at the time of the accident. ANSWER:

PLAINTIFF’S FIRST REQUEST FOR PRODUCTION OF DOCUMENTS TO DEFENDANT GRISSOM Pursuant to Rule 4:9 of the Rules of the Supreme Court of Virginia, you are requested within the time specified by the Rules of the Supreme Court of Virginia to produce all of the following documents which are in your possession or in the possession of your attorney at the law offices of Lenhart Obenshain PC, 100 10th Street, Suite 300, Charlottesville, Virginia, 22902, on any business day between 9:00 a.m. and 4:00 p.m., to be inspected or photocopied by counsel for the plaintiff: 1. Any and all statements taken from the persons identified in response to

Interrogatory No. 4. 2. Any and all statements taken from the persons identified in response to

Interrogatory No. 5. 3. Any and all statements taken from the persons identified in response to

Interrogatory No. 5. 4. Any and all documents relied upon to provide your answer to

Interrogatory No. 6. 5. Any and all statements, notes, documents, photographs, videotapes, or

other tangible things generated by any person identified in response to Interrogatory No. 11. 6. Any and all photographs, film, videotape, moving pictures, drawings,

diagrams, or any other graphic or visual representation or depiction of the scene of the occurrence, or of any objects connected with the occurrence, or of any injuries or damages sustained by the plaintiff as a result of the subject occurrence.

7.

Any and all reports, notes, written materials, or electronically stored or

computer stored information evidencing the findings or opinions regarding any fact or issue relevant to this case, of any expert whom you intend to call as a witness at the trial of this matter. 8. lawsuit. 9. Any and all written material or physical evidence of any kind which you Any and all written or recorded statements of any party to the present

intend to offer in evidence at the trial of this matter. 10. Please provide any and all reports, whether accident, incident or

otherwise, with respect to the subject occurrence made by you or at your request. 11. Any and all documents, tapes, recordings, transcripts, records and docket

entries from any hearing, criminal, traffic or otherwise, arising out of the subject occurrence. 12. Any photographs of the vehicles and/or of the scene involved in the

incident alleged in the Complaint. 13. All medical records pertaining to the plaintiff, or other items subpoenaed

during the course of this litigation pursuant to Rule 4:9(c). 14. A copy of any and all policies of insurance which may provide some

coverage for the accident complained of in this action, including umbrella, excess, farm, commercial general liability, underinsured and uninsured motorist coverage, together with a copy of the declaration sheet or other documents showing the nature and extent of the coverage provided under such policy or policies.

15.

Copies of any and all memoranda, notes, statements or other written or

otherwise recorded documents reflecting any police department investigation into your actions as a result of this accident or the subsequent charges filed against Gerald Mitchell. 16. Any records of cellular telephone bills, or calls, or other electronic

transmissions made by you in the period from one hour before the accident that is the subject of the Complaint to the disposition of this matter in the General District Court for the City of Charlottesville on January 3, 2008. 17. Any and all tapes or transcripts of 911 calls, police transmissions, emails,

memoranda or other records or documents relating to the incidents discussed in the Complaint. GERALD MITCHELL By Counsel

RICHARD ARMSTRONG (VSB #46053) Lenhart Obenshain PC 100 10th Street, N.E. Suite 300 Charlottesville, VA 22902 (434) 220-6110 (434) 220-6102 FAX rarmstrong@lenhartobenshain.com

DEBORAH C. WYATT, ESQ. #17918 Wyatt and Associates, PLC 300 Court Square Charlottesville, Virginia 42902 (434) 296-4130 (434) 297-3083 Facsimile