Victim's family hopes Naples attorney accused in fatal hit, run will answer questions
A Naples attorney accused in a December 2022 fatal hit-and-run remains silent as the victim's brother-in-law questioned her.
Giselle Guzman, 30, is accused of fatally striking Alberto Martinez, 45, on Dec. 9, and fleeing the crash.
Maikol Lima Reytor, Martinez's brother-in-law and the plaintiff in the civil complaint for wrongful death against Guzman, asked the defendant 20 questions in written form. They aren't part of the depositions in the case, which allow for cross-examination.
The records indicate they served the questions May 5 and that Guzman hasn't answered by Tuesday afternoon. Guzman has 30 days to respond or object.
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The contents of the inquiries focused on what she did on Dec. 9, 2022, leading to the crash, and included a holiday gathering her former employer, Wicker Smith, organized at Fleming's Steakhouse in Naples Wicker Smith is a law firm specializing in family law, construction, aviation and commercial litigation, among others.
They also seek answers as to whether the restaurant provided alcohol.
Guzman's defense attorney in the civil complaint, John Richards, of Boyd Richards Parker & Colonnelli, responded May 12, saying the information sought is "overbroad, overburdensome, not reasonably calculated to lead to the discovery of admissible evidence.
Richards said the details sought involve attorney-client privileged or work product privileged information.
"Said subpoena is not reasonably limited in time and scope," the response reads in part.
The restaurant's owners have previously declined to answer questions from the Daily News, saying they can't comment on private reservations.
In her criminal case, Collier Circuit Judge Elizabeth Krier raised Guzman's bond to $50,000 from $30,000 in March.
She pleaded not guilty to the charge of leaving the scene of a fatal crash and formally waived her Jan. 17 arraignment, which granted her absence from court hearings related to her case.
That day, prosecutors asked Circuit Judge Elizabeth Krier to increase her bond.
Krier also barred contact with the victim's next of kin, the anonymous 911 caller who tipped police to Guzman in the case and listed witnesses.
A three-page lawsuit filed March 22 by Naples attorney Rodolfo Linares, representing Maikol Lima Reytor, seeks more than $100,000 in damages for Martinez's death for vehicular negligence and demands a jury trial.
The suit lists Giselle Guzman's negligence as the sole count.
"The surviving natural person, Elizabeth Reytor Rodriguez, lost the support and services of the decedent from the date of his death as well as future loss of support and services, the amount of decedent's probable net income, the replacement value of decedent's services, mental pain and suffering, and medical expenses due to the decedent's injuries and death paid by her," the complaint reads.
Mariano Garcia, who represents Lima Reytor along with Linares, said Guzman hasn't responded to the lawsuit and added he hopes Guzman's answers to the recent questions will help them figure out what happened Dec. 9, 2022.
Donald Day, who represents Guzman in the criminal case, has asked for a jury trial in Martinez's death.
In her criminal case, she's scheduled for a June 22 case management conference.
What happened leading to Guzman's Dec. 9 crash?
The crash happened about 6:45 p.m. Dec. 9 along 41st Street Southwest, near 22nd Avenue, an incident report from the Florida Highway Patrol said.
Martinez died, his left shoe 70 feet from him.
Investigators found bicycle pieces, as well as parts from Guzman's car, according to the arrest report.
As the investigation continued, the Collier County Sheriff's Office received an anonymous call from a family member of Guzman, alerting of the crash.
How did troopers piece the investigation together?
Troopers found a car with extensive damage to the front-right side and a missing piece consistent with the one they found on scene when they arrived at her home in the 9000 block of Gervais Circle, the report said.
They reported right-side hood damage, windshield damage and what appeared to be body smudges, body fluids and skull fragments, according to her arrest report.
A witness told troopers that the night of the crash Guzman cut him off on Golden Gate Parkway and was swerving in her lane.
When both made a left turn onto 41st Street Southwest, the witness said, he saw Guzman strike Martinez. The witness added that Guzman continued north toward Collier Boulevard.
Troopers with the Florida Highway Patrol arrested Guzman on Dec. 22 and charged her with one count of leaving the scene of a crash involving a fatality.
What law firm did Guzman work for, and where is she now?
Guzman was an associate with Wicker Smith O'Hara McCoy & Ford in North Naples and focused her work on civil litigation, construction, medical malpractice, personal injury, product liability and professional liability.
Her page with her former employer was no longer available Dec. 23.
She's since launched her own law firm, More Justice Law, 9071 Bonita Beach Road S.E. Guzman is one of two attorneys listed on the website.
If she's convicted of a felony, Guzman could lose her license to practice law.
"We can confirm that we have an open case and are monitoring the criminal case," Jennifer Krell Davis, spokesperson for the Florida Bar, wrote in a statement Thursday afternoon.
Court records indicate Guzman doesn't have an upcoming hearing in the civil case.
Tomas Rodriguez is a Breaking/Live News Reporter for the Naples Daily News and The News-Press. You can reach Tomas at TRodriguez@gannett.com or 772-333-5501. Connect with him on Twitter @TomasFRoBeltran, Instagram @tomasfrobeltran and Facebook @tomasrodrigueznews.
This article originally appeared on Naples Daily News: Naples hit, run: Family in December crash involving lawyer wants answers
