PLAINTIFF’s SECOND REQUEST FOR PRODUCTION & INSPECTION OF VIDEO SURVEILLANCE FOOTAGE FROM HCA KINGWOOD HOSPITAL
Originally Published: Jan. 13, 2023 | Republished: Jan. 13, 2023
In light of the fact it appears that Mark Burke as Plaintiff’s original request was prior to opening of discovery, the Plaintiff files this second and timely request for production and inspection from KPH – Consolidation Inc., DBA HCA Houston Healthcare Kingwood, a domestic For-Profit Corporation, Defendant herein;
Plaintiff herein requests, per Tex. R. Civ. P. 196.4, production of electronic data in the form of the video surveillance footage as identified in Plaintiff’s operative complaint ( See; https://kingwooddr.com/burke-v-kph-consolidation-inc-dba-hca-houston-healthcare-kingwood/; and Plaintiffs Original Petition and Judy [sic] Demand, Image No. 104644586, Oct 18, 2022 (Docket Entry)) and Spoilation letter I (See; https://kingwooddr.com/spoilation-letter-to-hca-kingwood/ and; Exhibit – Spoilation Letter I, Image No. 105682691, Dec 20, 2022 (Docket entry)) and; II (See; https://kingwooddr.com/spoilation-letter-ii-to-hca-kingwood/ and; Exhibit -Spoilation Letter II, Image No. 105473354, Dec 08, 2022 (Docket entry)) submitted to HCA.
Production Period (Aug. 9-13, 2022)
The period of the footage should be from the early evening of Tuesday, August 9th, 2022 , when Mark Burke arrived at HCA’s Kingwood Hospital ER, until his departure in the early morning of Saturday, 13th August, 2022.
The Video is Available
The video requested has been made available to Sgt. Stewart, Badge No. 7943, HPD, 1200 Travis St., Houston, TX, 77002, who advised Plaintiff he had personally been to HCA Kingwood Hospital during this week to discuss and review the complaint, which included confirmation that the video has been retained by Defendant and he’s a witness to this fact.
Production Format (.mp4 Video)
Plaintiff requests the video surveillance footage be made available on the cloud in .mp4 video format, with downloadable link(s) available for Plaintiff to access and download said video footage at the expense of Defendant, per Tex. R. Civ. P. 196.6.
RESPECTFULLY submitted this 13th day of January, 2023.