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Filing # 104788198 E-Filed 03/12/2020 02:21:13 PM
IN THE CIRCUIT COURT OF THE 171!
JUDICIAL CIRCUIT, IN AND FOR
BROWARD COUNTY, FLORIDA
GENERAL JURISDICTION DIVISION
JOE CARL ROGERS and
HILDA ROGERS, his wife, CASE NO.: 19-025692 CA 27
Plaintiffs,
vs.
ACOUSTI ENGINEERING COMPANY OF FLORIDA;
CERTAINTEED CORPORATION; HONEYWELL
INTERNATIONAL, INC. (sued individually and as
successor in interest to Allied-Signal, Inc., and
The Bendix Corporation); J-M MANUFACTURING
COMPANY, INC.; KAISER GYPSUM COMPANY, INC.;
MCKESSON CHEMICAL COMPANY; PFEISER, INC.;
PREMIX-MARBLETTE MANUFACTURING CO.;
SUPRO CORPORATION; UNION CARBIDE
CORPORATION; VANDERBILT MINERALS, LLC.,
f/k/a VANDERBILT COMPANY, INC.., individually
and as successor-in-interest to GOUVERNEUR TALC
COMPANY, INC.; W.W. GAY MECHANICAL
CONSTRUCTION, CO.,
Defendants.
/
DEFENDANT, W.W. GAY MECHANICAL CONSTRUCTION, CO.’S
NOTICE OF SERVICE OF LOSS OF CONSORTIUM
INTERROGATORIES TO PLAINTIFF, HILDA ROGERS
Defendant, W.W. GAY MECHANICAL CONSTRUCTION, CO., by and through
undersigned counsel, and pursuant to Rule 1.340, Florida Rules of Civil Procedure, and all other
applicable rules, hereby gives notice to the Court and all parties of record that it served the attached
Loss of Consortium Interrogatories upon the Plaintiff,, HILDA ROGERS.
CERTIFICATE OF SERVICE
WE HEREBY CERTIFY that on 12" day of March, 2020, we electronically filed the
foregoing with the Clerk of Court by using the Florida Courts E-Filing Portal who will send notice
WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP
100 SOUTHEAST SECOND STREET + SUITE 2100 + MIAMI, FLORIDA 33131
‘TELEPHONE (305) 374-4400 + FACSIMILE (305) 579-0261
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 03/12/2020 02:21:13 PM.****CASE NO.: 19-025692 CA 27
of this electronic filing to all parties identified on the attached Service List.
WILSON, ELSER, MOSKOWITZ,
EDELMAN & DICKER LLP
Counsel for Defendant,
W.W. GAY MECHANICAL
CONSTRUCTION, CO.
100 SE 2" Street, Suite 2100
Miami, Florida 33131
Tel: (305) 374-4400
Fax: (306) 579-0261
BY: /s/ Steven Jones
ANTHONY P. STRASIUS
Florida Bar No: 988715
anthony.strasius@wilsonelser.com
STEVEN C. JONES
Florida Bar No: 107516
steven.jones@wilsonelser.com
SERVICE LI.
Counsel for Plaintiffs
Rebecca S. Vinocur, Esq.
REBECCA S. VINOCUR, P.A.
5915 Ponce de Leon Blvd., Ste. 14
Coral Gables, FL 33146
(786) 691-1282
rvinocur@rsv-law.com
J. Andrew Sealey, Esq.
SIMMONS HANLY CONROY
One Court Street
Alton, IL 62002
(618) 259-2222
2
WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP
100 SOUTHEAST SECOND STREET « SUITE 2100 + MIAMI, FLORIDA 33131
‘TELEPHONE (305) 374-4400 - FACSIMILE (305) 579-0261
1245778v.1CASE NO.: 19-025692 CA 27
DEFENDANT, W.W. GAY MECHANICAL CONSTRUCTION CO.’S LOSS
OF CONSORTIUM INTERROGATORIES TO PLAINTIFF, HILDA ROGERS
1. Please state your full name, social security number, date of birth, place of birth and address.
ANSWER:
2. Please state whether you are currently married. If you are married, please also state your
spouse’s name, and the date and place of your marriage.
ANSWER:
3. For any prior marriages, please state the date of the marriage, the city where the marriage
occurred, the date when the marriage terminated, the city where the marriage was
terminated, and the reasons for termination of the marriage.
ANSWER:
4. Please state whether you have any children. If yes, please state each child’s name, address,
date of birth, and name of each child’s parents.
ANSWER:
5. State the address where you resided at the time frame referenced in Plaintiffs’ complaint,
and the name and age of every other person living there and when, his or her relationship
to you.
ANSWER:
6. For each individual listed in your response to Interrogatory Number 5, please state whether
he or she shared your common living facilities, and if not, what separate accommodations
were provided, and the rent or financial contribution he or she paid and the basis thereof.
ANSWER:
3
WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP
100 SOUTHEAST SECOND STREET « SUITE 2100 + MIAMI, FLORIDA 33131
‘TELEPHONE (305) 374-4400 - FACSIMILE (305) 579-0261
1245778v.110.
11.
CASE NO.: 19-025692 CA 27
Please state with specificity the nature of the damages you are claiming, including what
injuries, damages or losses you have sustained as a result of the incident that is the subject
of this lawsuit.
ANSWER:
For each item of damage listed in your response to Interrogatory Number 7, please state
the amount of damage you are claiming, and the factual basis for the claim.
ANSWER:
If you are claiming damages for the loss of services, please state the nature of the services
lost, the dates during which said services were lost, the fair market value for similar
services, and the amount, if any, actually expended to retain replacement services.
ANSWER:
During the twelve (12) month period prior to J2OE CARL ROGERS malignant
Mesothelioma diagnosis, please state if you and/or JOE CARL ROGERS had assistance
from any other person with household maintenance. If yes, please state each person’s name,
age, address and relationship to you and JOE CARL ROGERS, the assistance rendered,
the compensation paid, and the reason or condition which necessitated the assistance.
ANSWER:
If you are claiming damages for the loss of society, companionship, comfort, or any other
type of consortium or comfort as a result of this incident and the alleged injuries sustained
by JOE CARL ROGERS, state the nature and amount of any such loss.
ANSWER:
4
WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP
100 SOUTHEAST SECOND STREET « SUITE 2100 + MIAMI, FLORIDA 33131
‘TELEPHONE (305) 374-4400 - FACSIMILE (305) 579-0261
1245778v.112.
13.
14.
15.
16.
CASE NO.: 19-025692 CA 27
If you are claiming damages for loss of JOE CARL ROGERS’ support, either direct or in
kind, please state the nature of any such loss of support, and the fair market value of any
such loss of support.
ANSWER:
List the names, business addresses, phone number, dates of employment, positions held,
and rates of pay regarding all employers, including self-employment, for whom you have
worked in the past 10 years.
ANSWER:
Have you taken any vacations from work during the past five (5) years? If so, state the
dates, how and where you spent the time, and whether you spent the time with JOE CARL
ROGERS? If you did not spend the time with JOE CARL ROGERS, please state why.
ANSWER:
If you claim that the alleged injuries suffered by JOE CARL ROGERS as a result of the
malignant Mesothelioma terminated or limited your sexual activities with JOE CARL
ROGERS , state in what manner these injuries to JOE CARL ROGERS terminated or
limited such relations by giving a comparison of our sexual activities for the period of time
one (1) year prior to the incident and your sexual activities as of the date of the incident
through the present, and state how the alleged injuries suffered by JOE CARL ROGERS
as a result of the incident has contributed to or caused these changes in your sexual
activities.
ANSWER:
Describe in detail any marital difficulties you and JOE CARL ROGERS have had
(including all dates and how addressed and resolved) which you claim are related to the
malignant Mesothelioma diagnosis and describe in what manner they are related to the
incident or were caused by the incident.
5
WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP
100 SOUTHEAST SECOND STREET « SUITE 2100 + MIAMI, FLORIDA 33131
‘TELEPHONE (305) 374-4400 - FACSIMILE (305) 579-0261
1245778v.1CASE NO.: 19-025692 CA 27
ANSWER:
17. Asaresult of the malignant Mesothelioma diagnosis that is the basis of your lawsuit, have
you and JOE CARL ROGERS consulted any relationship counselor or any other person
performing a similar function and, if so, state the dates of all visits, name and last known
address of each such person seen.
ANSWER:
6
WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP
100 SOUTHEAST SECOND STREET « SUITE 2100 + MIAMI, FLORIDA 33131
‘TELEPHONE (305) 374-4400 - FACSIMILE (305) 579-0261
1245778v.1CASE NO.: 19-025692 CA 27
STATE OF )
) ss:
COUNTY OF )
J affirm under penalty of perjury that the foregoing Answers to Interrogatories are true
and correct to the best of my knowledge and belief.
HILDA ROGERS
Print Name
Date
The foregoing Answers to Interrogatories were acknowledged before me this day of
, 2020, by. , who is personally known to me or who
has produced as identification and who did/did not take an oath, and
acknowledged before me that the information contained therein is true and correct to the best of
her knowledge and belief.
Notary Public, STATE OF
Print name:
My Commission Expires:
7
WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP
100 SOUTHEAST SECOND STREET « SUITE 2100 + MIAMI, FLORIDA 33131
‘TELEPHONE (305) 374-4400 - FACSIMILE (305) 579-0261
1245778v.1
Preview
Filing # 104788198 E-Filed 03/12/2020 02:21:13 PM IN THE CIRCUIT COURT OF THE 171! JUDICIAL CIRCUIT, IN AND FOR BROWARD COUNTY, FLORIDA GENERAL JURISDICTION DIVISION JOE CARL ROGERS and HILDA ROGERS, his wife, CASE NO.: 19-025692 CA 27 Plaintiffs, vs. ACOUSTI ENGINEERING COMPANY OF FLORIDA; CERTAINTEED CORPORATION; HONEYWELL INTERNATIONAL, INC. (sued individually and as successor in interest to Allied-Signal, Inc., and The Bendix Corporation); J-M MANUFACTURING COMPANY, INC.; KAISER GYPSUM COMPANY, INC.; MCKESSON CHEMICAL COMPANY; PFEISER, INC.; PREMIX-MARBLETTE MANUFACTURING CO.; SUPRO CORPORATION; UNION CARBIDE CORPORATION; VANDERBILT MINERALS, LLC., f/k/a VANDERBILT COMPANY, INC.., individually and as successor-in-interest to GOUVERNEUR TALC COMPANY, INC.; W.W. GAY MECHANICAL CONSTRUCTION, CO., Defendants. / DEFENDANT, W.W. GAY MECHANICAL CONSTRUCTION, CO.’S NOTICE OF SERVICE OF LOSS OF CONSORTIUM INTERROGATORIES TO PLAINTIFF, HILDA ROGERS Defendant, W.W. GAY MECHANICAL CONSTRUCTION, CO., by and through undersigned counsel, and pursuant to Rule 1.340, Florida Rules of Civil Procedure, and all other applicable rules, hereby gives notice to the Court and all parties of record that it served the attached Loss of Consortium Interrogatories upon the Plaintiff,, HILDA ROGERS. CERTIFICATE OF SERVICE WE HEREBY CERTIFY that on 12" day of March, 2020, we electronically filed the foregoing with the Clerk of Court by using the Florida Courts E-Filing Portal who will send notice WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP 100 SOUTHEAST SECOND STREET + SUITE 2100 + MIAMI, FLORIDA 33131 ‘TELEPHONE (305) 374-4400 + FACSIMILE (305) 579-0261 *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 03/12/2020 02:21:13 PM.****CASE NO.: 19-025692 CA 27 of this electronic filing to all parties identified on the attached Service List. WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP Counsel for Defendant, W.W. GAY MECHANICAL CONSTRUCTION, CO. 100 SE 2" Street, Suite 2100 Miami, Florida 33131 Tel: (305) 374-4400 Fax: (306) 579-0261 BY: /s/ Steven Jones ANTHONY P. STRASIUS Florida Bar No: 988715 anthony.strasius@wilsonelser.com STEVEN C. JONES Florida Bar No: 107516 steven.jones@wilsonelser.com SERVICE LI. Counsel for Plaintiffs Rebecca S. Vinocur, Esq. REBECCA S. VINOCUR, P.A. 5915 Ponce de Leon Blvd., Ste. 14 Coral Gables, FL 33146 (786) 691-1282 rvinocur@rsv-law.com J. Andrew Sealey, Esq. SIMMONS HANLY CONROY One Court Street Alton, IL 62002 (618) 259-2222 2 WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP 100 SOUTHEAST SECOND STREET « SUITE 2100 + MIAMI, FLORIDA 33131 ‘TELEPHONE (305) 374-4400 - FACSIMILE (305) 579-0261 1245778v.1CASE NO.: 19-025692 CA 27 DEFENDANT, W.W. GAY MECHANICAL CONSTRUCTION CO.’S LOSS OF CONSORTIUM INTERROGATORIES TO PLAINTIFF, HILDA ROGERS 1. Please state your full name, social security number, date of birth, place of birth and address. ANSWER: 2. Please state whether you are currently married. If you are married, please also state your spouse’s name, and the date and place of your marriage. ANSWER: 3. For any prior marriages, please state the date of the marriage, the city where the marriage occurred, the date when the marriage terminated, the city where the marriage was terminated, and the reasons for termination of the marriage. ANSWER: 4. Please state whether you have any children. If yes, please state each child’s name, address, date of birth, and name of each child’s parents. ANSWER: 5. State the address where you resided at the time frame referenced in Plaintiffs’ complaint, and the name and age of every other person living there and when, his or her relationship to you. ANSWER: 6. For each individual listed in your response to Interrogatory Number 5, please state whether he or she shared your common living facilities, and if not, what separate accommodations were provided, and the rent or financial contribution he or she paid and the basis thereof. ANSWER: 3 WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP 100 SOUTHEAST SECOND STREET « SUITE 2100 + MIAMI, FLORIDA 33131 ‘TELEPHONE (305) 374-4400 - FACSIMILE (305) 579-0261 1245778v.110. 11. CASE NO.: 19-025692 CA 27 Please state with specificity the nature of the damages you are claiming, including what injuries, damages or losses you have sustained as a result of the incident that is the subject of this lawsuit. ANSWER: For each item of damage listed in your response to Interrogatory Number 7, please state the amount of damage you are claiming, and the factual basis for the claim. ANSWER: If you are claiming damages for the loss of services, please state the nature of the services lost, the dates during which said services were lost, the fair market value for similar services, and the amount, if any, actually expended to retain replacement services. ANSWER: During the twelve (12) month period prior to J2OE CARL ROGERS malignant Mesothelioma diagnosis, please state if you and/or JOE CARL ROGERS had assistance from any other person with household maintenance. If yes, please state each person’s name, age, address and relationship to you and JOE CARL ROGERS, the assistance rendered, the compensation paid, and the reason or condition which necessitated the assistance. ANSWER: If you are claiming damages for the loss of society, companionship, comfort, or any other type of consortium or comfort as a result of this incident and the alleged injuries sustained by JOE CARL ROGERS, state the nature and amount of any such loss. ANSWER: 4 WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP 100 SOUTHEAST SECOND STREET « SUITE 2100 + MIAMI, FLORIDA 33131 ‘TELEPHONE (305) 374-4400 - FACSIMILE (305) 579-0261 1245778v.112. 13. 14. 15. 16. CASE NO.: 19-025692 CA 27 If you are claiming damages for loss of JOE CARL ROGERS’ support, either direct or in kind, please state the nature of any such loss of support, and the fair market value of any such loss of support. ANSWER: List the names, business addresses, phone number, dates of employment, positions held, and rates of pay regarding all employers, including self-employment, for whom you have worked in the past 10 years. ANSWER: Have you taken any vacations from work during the past five (5) years? If so, state the dates, how and where you spent the time, and whether you spent the time with JOE CARL ROGERS? If you did not spend the time with JOE CARL ROGERS, please state why. ANSWER: If you claim that the alleged injuries suffered by JOE CARL ROGERS as a result of the malignant Mesothelioma terminated or limited your sexual activities with JOE CARL ROGERS , state in what manner these injuries to JOE CARL ROGERS terminated or limited such relations by giving a comparison of our sexual activities for the period of time one (1) year prior to the incident and your sexual activities as of the date of the incident through the present, and state how the alleged injuries suffered by JOE CARL ROGERS as a result of the incident has contributed to or caused these changes in your sexual activities. ANSWER: Describe in detail any marital difficulties you and JOE CARL ROGERS have had (including all dates and how addressed and resolved) which you claim are related to the malignant Mesothelioma diagnosis and describe in what manner they are related to the incident or were caused by the incident. 5 WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP 100 SOUTHEAST SECOND STREET « SUITE 2100 + MIAMI, FLORIDA 33131 ‘TELEPHONE (305) 374-4400 - FACSIMILE (305) 579-0261 1245778v.1CASE NO.: 19-025692 CA 27 ANSWER: 17. Asaresult of the malignant Mesothelioma diagnosis that is the basis of your lawsuit, have you and JOE CARL ROGERS consulted any relationship counselor or any other person performing a similar function and, if so, state the dates of all visits, name and last known address of each such person seen. ANSWER: 6 WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP 100 SOUTHEAST SECOND STREET « SUITE 2100 + MIAMI, FLORIDA 33131 ‘TELEPHONE (305) 374-4400 - FACSIMILE (305) 579-0261 1245778v.1CASE NO.: 19-025692 CA 27 STATE OF ) ) ss: COUNTY OF ) J affirm under penalty of perjury that the foregoing Answers to Interrogatories are true and correct to the best of my knowledge and belief. HILDA ROGERS Print Name Date The foregoing Answers to Interrogatories were acknowledged before me this day of , 2020, by. , who is personally known to me or who has produced as identification and who did/did not take an oath, and acknowledged before me that the information contained therein is true and correct to the best of her knowledge and belief. Notary Public, STATE OF Print name: My Commission Expires: 7 WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP 100 SOUTHEAST SECOND STREET « SUITE 2100 + MIAMI, FLORIDA 33131 ‘TELEPHONE (305) 374-4400 - FACSIMILE (305) 579-0261 1245778v.1