Florida Driver Sues Orange County Fire Rescue in Effort to Identify Hit-and-Run Motorist

A Florida man injured in a July 5, 2025 motor vehicle accident has filed suit against Orange County Fire Rescue seeking to compel the release of information that may identify the other driver involved. The lawsuit, filed today in Orange County Court, is styled as a “Pure Bill of Discovery” — an equitable action designed to obtain information necessary to pursue a separate damages claim.

According to the complaint, plaintiff Mickey Day’s vehicle was struck by a white sedan coming off an exit ramp from State Route 417. The complaint alleges the sedan violated Day’s right-of-way, causing the collision.

OCFR paramedics responded to the scene, rendering medical aid to both drivers and transporting Day to the hospital. The other driver left the scene before a Florida Highway Patrol trooper arrived.

Quoting from the complaint:

• Paramedics for the Defendant, Orange County Fire Rescue rendered medical care and assessment to the Plaintiff, Mickey Day, and subsequently transported him to a hospital emergency room for further care.
• On information and belief, Paramedics also rendered medical care and assessment to the driver of the adverse motor vehicle at the scene of the accident.
• On information and belief, the Paramedics who rendered care to the driver of the adverse motor vehicle obtained and name and address of the driver of the adverse motor vehicle.
• On information and belief, the driver of the adverse motor vehicle left the scene of the accident in his motor vehicle after being assessed and treated by the Paramedics and prior to the arrival of Trooper with the Florida Highway Patrol.
• As a result of leaving the scene of the motor vehicle accident in his motor vehicle prior to the arrival of the Trooper for the Florida Highway Patrol, the Trooper for the Florida Highway Patrol was unable to obtain the name and address for the adverse driver and was unable to obtain the tag number and VIN for the adverse motor vehicle.
• The Plaintiff, Mickey Day, by and through undersigned counsel, has requested that the Defendant, Orange County Fire Rescue, produce a copy of the run report identifying the name and address of the adverse driver.
• Defendant, Orange County Fire Rescue has been unable to produce the run report identifying the name and address of the adverse driver due to HIPAA regulations.
• On information and belief, the only way the Defendant, Orange County Fire Rescue, can produce the run report to the Plaintiffs counsel is through an order from a judge or in response to a duly issued subpoena duces tecum.
• A Pure Bill of Discovery is appropriate as this action seeks to determine the identity of the driver of the adverse motor vehicle.

Day’s attorney contends that without access to the run report prepared by OCFR’s paramedics, he cannot identify the adverse driver to pursue a liability claim for his injuries and property damage. The complaint cites Florida case law recognizing a pure bill of discovery as a proper means to identify potential defendants and legal theories before filing a damages suit.

The complaint emphasizes that this is not a “fishing expedition” but a narrowly tailored request to obtain the identity of the other driver. Day seeks a court order authorizing the issuance of a subpoena duces tecum to OCFR for the run report containing the driver’s identifying information.

Here is a copy of the complaint: