Florida Interrogatories

4 Aug 2016

Florida Interrogatories

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IN THE CIRCUIT COURT OF
THE EIGHTH JUDICIAL CIRCUIT IN AND FOR
ALACHUA COUNTY, FLORIDA

Ronique T. Myers, Case No.: 01-2016-CA-0001422

Plaintiff, Circuit Civil Division J

vs.

Kyle BJarkman
and JJ’S OF FLORIDA, LLC
d/b/a JIMMY JOHN’S GOURMET
SANDWICHES,

Defendants.
——————————————–/

PLAINTIFF’S INTERROGATORIES TO DEFENDANT

TO:                KYLE BJARKMAN, Defendant
FROM:          RONIQUE T. MYERS, Plaintiff

      Plaintiff, RONIQUE T. MYERS, requests that Defendant, KYLE BJARKMAN (hereinafter “Defendant”), answer the following Interrogatories fully, under oath and in accordance with the Florida Rules of Civil Procedure, subject to the instructions set forth below:

INSTRUCTIONS 
(a)        These Interrogatories are continuing in character so as to require you to file supplementary answers if you obtain further or different information before after this lawsuit was filed but before trial.
(b)        Unless otherwise stated, these Interrogatories refer to the time, place and circumstances of the occurrence mentioned or complained of in the Complaint.
(c)        Where name and identity of a person is required, please state full name, home address and also business address, if known.
(d)       Where knowledge or information in possession of a party is requested, such request includes knowledge of the party’s agents, representatives, and unless privileged, his attorneys.  When answer is made by corporate defendant, state the name, address and title of persons supplying the information and making the affidavit, and announce the source of his or her information.
(e)        The pronoun “you” refers to the KYLE BJARKMAN and related entities. Your “co-defendant” refers to JJ’S OF FLORIDA, LLC d/b/a JIMMY JOHN’S GOURMET SANDWICHES.
(f)        “Identify” when referring to an individual, corporation or other entity shall mean to set forth the name and telephone number and, if a corporation or other entity, its principle place of business or, if an individual, the present or last known home address, his or her job title or titles, by whom employed and address of the place of employment.

INTERROGATORIES
1. Please identify the person or persons responding to these Interrogatories and identify in your answer each person who has provided information in connection with these interrogatory answers.

  1. Identify the owner of the bicycle you were riding on October 20, 2015.

  2. Have you ever been charged and/or convicted of a crime? If so, when, what crime and what was the outcome?

  3. As to any crimes you listed in the previous interrogatory, which of them was JJ’S OF FLORIDA, LLC aware and when were they made aware of them?

  4. Identify any person or party other than Defendant(s) to this lawsuit whom you contend caused or contributed to the occurrence complained of. Include in your answer whether you blame Plaintiff for Plaintiff’s own injuries.

  5. Identify each person with knowledge of the incident occurring on October 20, 2015.  For each such individual, identify his or her job title and the summary of what knowledge the witness has.

  6. Identify any individual you are aware of that has knowledge of the facts and circumstances of this case, including but not limited to eyewitnesses, people claiming to be eyewitnesses and any individuals who arrived at the scene of the October 20, 2015 accident.

  7. If anyone investigated this matter for you including, but not limited to, medical experts, private investigators or insurance adjusters, state their name(s) and address(es), and state whether such investigation was reduced to writing, and the substance of their investigation and findings.  If said investigators obtained any signed, recorded, transcribed or oral statement from any individual, identify the person who gave the statement and the present custodian of such statement.

  8. Identify each person interviewed concerning the incident of October 20, 2015.  For each such person state the date of the interview; the substance of the interview and if the interview was recorded and/or transcribed.

  9. Identify each and every written report made by any person concerning the incident.

  10. Please state how fast you were going when you collided with Plaintiff on October 20, 2015.

  11. Describe the lighting, both artificial and natural, of the area in question at the time the Plaintiff was injured.

  12. If you know of the existence of any pictures, photographs, plats, visual recorded images, police reports, diagrams or objects relative to the occurrence, the Plaintiff’s physical condition or the scene of the occurrence, identify the substance of such recording and the present custodian of each such item.

  13. Do you know of any statement, conversation, comment, testimony or report made by any party to this lawsuit or witness, including the Plaintiff, made at the time of the occurrence or following the occurrence, concerning the occurrence or facts relevant to any issue in this case?  If your answer is “yes,” state the content of such statement, conversation, comment or report, the place where it took place and the custodian of such statement.

  14. State the name and specialty of all experts whom you propose to call as witnesses at trial, and for each expert state the subject matter on which the expert is expected to testify, the substance of the findings and opinions to which the expert is expected to testify and attach to your Answers copies of all written reports of each such expert.

  15. Do you believe that you did everything that you could to prevent Plaintiff’s injuries? If so, set forth everything that you did to avoid the accident that occurred.

  16. Identify any previous or subsequent incidents of which you are aware that occurred in substantially the same manner as the incident complained of in this lawsuit over the last 3 years.

  17. Identify any procedures which you followed, at and before the time of the occurrence, concerning the delivery of food by you for your co-defendant.

  18. Have you entered into a contract or agreement with your co-defendant? If so, on what date was it (or where they) signed and what was their purpose?

  19. Do you think Plaintiff knew or should have known the area in which Plaintiff was injured was not safe to be walked on by the Plaintiff or anyone else? Set forth all facts upon which you intend to reply upon at trial to support your answer.

  20. Please describe what training procedures, if any, are followed when you delivered food for your co-defendant on October 20, 2015.  This includes any and all written material, slides, photographs, films, videotapes, etc. which your co-defendant utilizes in training employees.
    Respectfully submitted,

Dated: June 20, 2016
/s/ Michael Massey
Counsel for Plaintiff
Designated Email: Massey@352law.com
Fla. Bar No. 153680
Massey & Duffy, P LLC
855 E. Univ. Ave.
Gainesville, FL 32601
352-505-8900

CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been provided by Email to counsel for Plaintiff this June 20, 2016.
/s/ Michael Massey
Michael Massey
Fla. Bar No. 153680
855 E. Univ. Ave.
Gainesville, FL 32601
Phone: 325-505-8900
Massey@352law.com

About the Author:

Massey & Duffy has existed since October, 2003. We focus exclusively on civil litigation, including wrongful death, overtime cases, car and trucking accidents, insurance claims, breach of contract, general employment law, and serious personal injury lawsuits.