United States District Court, S.D. Florida
KARL ERIC SEARCY, as Personal Representative of the Estate of MATTHEW MARTIN SEARCY, deceased, Plaintiff,
UNITED STATES OF AMERICA, Defendant.
ORDER ON PLAINTIFF'S MOTION TO DETERMINE
SUFFICIENCY OF DEFENDANT UNITED STATES OF AMERICA'S
RESPONSES TO PLAINTIFF'S FIRST SET OF REQUESTS FOR
ADMISSION IDE 161
WILLIAM MATTHEWMAN, UNITED STATES MAGISTRATE JUDGE.
CAUSE is before the Court upon Plaintiffs, Karl Eric
Searcy, as Personal Representative of the Estate of Matthew
Martin Searcy, deceased ("Plaintiff) Motion to Determine
Sufficiency of Defendant United States of America's
Responses to Plaintiffs First Set of Requests for Admission
[DE 16]. This matter was referred to the undersigned by
United States District Judge William P. Dimitrouleas.
See DE 11. Defendant, United States of America
("the Government"), has filed a Response [DE 17],
and Plaintiff has filed a Reply [DE 19]. The Court held a
hearing on the Motion on November 21, 2019. The matter is now
ripe for review.
March 18, 2019, Plaintiff filed his Complaint [DE 1] pursuant
to the Federal Tort Claims Act. The facts alleged are quite
tragic. According to the Complaint, Matthew Searcy was born
on June 8, 1983, and was killed on December 19, 2017.
Id. at p. 2');">p. 2. On December 19, 2017, he was operating
a motorcycle when David Singh, who was driving a Dodge
Caravan owned and operated by the United States Department of
Homeland Security, caused a collision with the motorcycle
being driven by Matthew Searcy. Id. at pp. 3-4.
Matthew Searcy was killed at the scene of the crash.
Id. at p. 4.
propounded his First Set of Requests for Admission to the
Government on September 6, 2019. [DE 16-1]. On October 3,
2019, the Government served its Response to Plaintiffs First
Request for Admissions. [DE 16-2].
Motion, Plaintiff seeks a court determination of the
sufficiency of the Government's responses to Requests for
Admission # 1, 2, 3, 4, 5, 7 and 8. These requests are listed
Request No. 1:
On December 19, 2017, David Singh negligently operated the
vehicle he was driving so as to cause a crash with Matthew
Request No. 2:
The negligence of David Singh was a legal cause of the crash
with Matthew Searcy on December 19, 2017.
Request No. 3:
The negligence of David Singh was the sole legal cause of the
crash with Matthew Searcy on December 19, 2017.
Request No. 4:
Matthew Searcy was not negligent in causing the crash on