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Filing # 133192014 E-Filed 08/23/2021 12:15:07 PM
IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR
BROWARD COUNTY, FLORIDA
JESSICA NICOLE GREGORY
CASE NO.. 21-008836 (21)
Plaintiff,
VS.
KESLEY MESALIEN and PROGRESSIVE
SELECT INSURANCE COMPANY,
Defendants.
I
DEFENDANT'S NOTICE OF SERVICE
OF AUTOMOBILE INTERROGATORIES TO THE PLAINTIFF
COMES NOW the Defendant, KESLEY MESALIEN (hereinafter "Defendant"),by and
through her undersigned attorneys, and hereby requests the Plaintiff, JESSICA NICOLE
GREGORY, (hereinafter "Plaintiff'), to answer the attached Automobile Interrogatories
consisting oftwenty-nine (29) Interrogatories under oath, in writing, and within the time allowed
by the Florida Rules of Civil Procedure.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on August 23, 2021, the foregoing was electronicallyfiled with
the Florida Courts E-Filing Portal and that as a registered participant of the Portal I have
effectuated service through the Portal in compliance with Rule 2.516, Fla. R. Jud. Admin.,
ROBERT C. SOLOMON, ESQ., Law Office of Saban & Solomon, 150 N. University Drive, Suite
200, Plantation, FL 33324.
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 08/23/2021 12:15:07 PM.****
NICHOLAS
J.
RYAN
&
ASSOCIATES
110
S.
E.
6th
Street,
Suite
2100
Fort Lauderdale,FL 33301
Telephone: (954) 627-9401
E-mail for service (FL R. Jud. Admin. 2.516).
19@statefarm.com
By.
Lisa J. Baligian, Esq.
Florida Bar No.. 956181
Attorneys and StaffofNicholasJ. Ryan & Associatesare Employeesof
the Corporate Law Department of State Farm Mutual Automobile
Insurance Company
DEFENDANT'S AUTOMOBILE INTERROGATORIES
TO PLAINTIFF
1.
What is the name and address ofthe person answering these Interrogatories,and, if
applicable, the person's officialpositionor relationship with the party to whom the Interrogatories
are directed?
2.
List the names, business addresses,dates of employment and rates ofpay regarding
all employers, including self-employment,for whom you have worked in the past ten years.
3
List all former names and when you were known by those names. State all
addresses where you have lived for the past ten years, the dates you lived at each address, your
social security number, your date of birth, and if you are, or have ever been married, the name of
your spouse or spouses.
4.
Do you wear glasses, contact lenses or hearing aids? If so, who prescribed them;
when were they prescribed; when were your eyes or ears last examined;and what is the name and
address of the examiner?
5.
Have you ever been convicted of a crime, other than juvenile adjudication, which
under the law under which you were convicted was punishableby death or imprisonmentin excess
of one year, or that involved dishonestyor a false statement regardless ofthe punishment? If so,
state as to each conviction, the specific crime, the date and the place of conviction.
6.
Were you suffering from any physical infirmity, disability or sickness at the time
of the occurrence of the accident described in the Complaint? If so, what was the nature of the
infirmity, disability or sickness?
7.
Did you consume any alcoholicbeverages or take any drugs or medications within
twelve (12) hours before the occurrence of the accident described in the Complaint? If so, what
type and amount of alcoholicbeverages, drugs or medications were consumed and where did you
consume them?
8
Describe in detail how the incident described in the Complaint happened, including
all actions taken by you to prevent the incident.
9-
Describe in detail each act or omission on the part of any party to this lawsuit that
you contend constituted negligencethat was a contributinglegal cause of the incidentin question.
10.
Were you charged with any violation of law (including any regulations or
ordinances) arising out of the incident described in the Complaint? If so, what was the nature of
the charge; what plea, or answer, if any, did you enter to the charge; what court or agency heard
the charge; was any writtenreport prepared by anyone regarding this charge, and if so, what is the
name and address of the person or entitythat prepared the report; do you have a copy of the report;
and was the testimony at any trial, hearing, or other proceeding on the charge recorded in any
manner, and if so, what was the name and address of the person who recorded the testimony?
11.
Describe each injury for which you are claiming damages in this case, specifying
the part of your body that was injured, the nature of the injury, and, as to any injuries you contend
are permanent, the effects on you that you claim are permanent.
12.
List each item of expense or damage, other than loss ofincome or earning capacity,
that you claim to have incurred as a result of the incident described in the Complaint, giving for
each item the date incurred, the name and business address to whom each was paid or is owed, and
the goods or services for which each was incurred.
13.
Do you contend that you have lost any income, benefits or earning capacity in the
past or future as a result of the incident described in the Complaint? If so, state the nature of the
income, benefits, or earning capacity, and the amount and the method that you used in computing
the amount.
14.
Has anythingbeen paid or is anythingpayable from any thirdparty for the damages
listed in your answers to these Interrogatories? If so, state the amountspaid or payable, the name
and business address of the person or entity who paid or owes said amounts, and which of those
third partieshave or claim a right of subrogation.
15.
List the names and business addresses of each physician who has treated or
examined you, and each medical facilitywhere you have received any treatment or examination
for the injuries for which you seek damages in this case; and state as to each the date of treatment
or examination and the injury or condition for which you were examined or treated.
16.
List the names and business addresses of all other physicians,medical facilities or
other health care providers by whom or at which you have been examined or treated in the past ten
years; and state as to each the dates of examination or treatment and the condition or injury for
which you were examined or treated.
17.
List the names and addresses ofall persons who are believed or known by you, your
agents or attorneysto have any knowledge concerning any ofthe issues in this lawsuit; and specify
the subject matterabout which the witness has knowledge.
18.
Have you heard or do you know about any statement or remark made by or on
behalfof any part to this lawsuit, other than yourself, concerning any issue in this lawsuit? If so,
state the name and address of each person who made the statement or statements,the name and
address of each person who heard it, and the date, time, place and substance of each statement.
19.
State the name and address of every person known to you, your agents, or attorneys,
who has knowledge about, or possession, custody or control of any model, plat, map, drawing,
motion picture, video tape, or photograph pertaining to any fact or issue involved in this
controversy; and describe as to each, what such person has, the name and address of the person
who took or prepared it, and the date it was taken or prepared.
20.
Do you intend to call any expert witnesses at the time of the trial of this case? If
so, state as to each such witness the name and business address of the witness, the witness's
qualifications as an expert, the subject matter upon which the witness is expected to testify, the
substance of the facts and opinionsto which the witness is expected to testify, and a summary of
the grounds for each opinion.
21.
Have you made any agreementwith anyone that would limitthat party's liability to
anyone for any of the damages sued upon in this case? If so, state the terms of the agreement and
the partiesto it.
22.
Please state if you have everbeen a party, eitherplaintiff or defendant, in a lawsuit
other than the present matter and if so, state whether you were plaintiff or defendant, the nature of
the action, and the date and court in which such suit was filed.
23.
At the time of the incident described in the Complaint, were you wearing a seat
belt? If not, please state why not; where you were seated in the vehicle; and whether the vehicle
was equippedwith a seat belt that was operational and available for your use.
24.
Did any mechanical defect in the motor vehicle in which you were riding at the
time ofthe incidentdescribed in the Complaint contribute to the incident? If so, describethe nature
of the defect and how it contributed to the incident.
25.
State the names, addresses and telephone numbers of all automobile, medical,
health and/or disability insurance carriers of the Plaintifffor the past ten (10) years, including the
policy number(s), claim number(s) and/or identificationnumber(s) for each insurance policy.
26.
Please state whether you have been involved in any other accidents or incidents,
either preceding or subsequent to the subject accident; if so, please provide the date of any such
accident or incident,the circumstancessurrounding said event, describe any injuries you may have
suffered and provide the names, dates and addresses or health care providers who treated or
examined any such injuries.
27.
Please state if you have ever made a claim for personal injuries, workmen's
compensation, or social security benefits. If so, please state withwhom the claim was made, when
the claim was made, describe the nature of the claim and the events leading up to the claim, the
claim number, and the status or disposition of any such claim(s).
28.
Please state the full names, addresses and telephone numbers of any and all
pharmacieswhere you had prescriptions filled within the past ten (10) years.
29.
Please provide your cellular telephone number presently and for the date of
accident, and for each, provide the account name, account number, and cellular telephone carrier.
JURAT PAGE
I hereby swear or affirm that I have read the foregoing Answersto Interrogatories and that
said Answers are true and correct and to the best of my knowledge and belief this
day of
,2021.
STATE OF FLORIDA
SS:
COUNTY OF
Before me, the undersigned authoritypersonally appeared
who is
personallyknown to me or has produced the following identification
and
who has signed the foregoing Answersto Interrogatories swearing or affirming that said answers
are true and correct to the best of his knowledge and belief.
Name.
Notary Public, State of Florida
CommissionNo:
My Commission Expires.
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Filing # 133192014 E-Filed 08/23/2021 12:15:07 PM IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA JESSICA NICOLE GREGORY CASE NO.. 21-008836 (21) Plaintiff, VS. KESLEY MESALIEN and PROGRESSIVE SELECT INSURANCE COMPANY, Defendants. I DEFENDANT'S NOTICE OF SERVICE OF AUTOMOBILE INTERROGATORIES TO THE PLAINTIFF COMES NOW the Defendant, KESLEY MESALIEN (hereinafter "Defendant"),by and through her undersigned attorneys, and hereby requests the Plaintiff, JESSICA NICOLE GREGORY, (hereinafter "Plaintiff'), to answer the attached Automobile Interrogatories consisting oftwenty-nine (29) Interrogatories under oath, in writing, and within the time allowed by the Florida Rules of Civil Procedure. CERTIFICATE OF SERVICE I HEREBY CERTIFY that on August 23, 2021, the foregoing was electronicallyfiled with the Florida Courts E-Filing Portal and that as a registered participant of the Portal I have effectuated service through the Portal in compliance with Rule 2.516, Fla. R. Jud. Admin., ROBERT C. SOLOMON, ESQ., Law Office of Saban & Solomon, 150 N. University Drive, Suite 200, Plantation, FL 33324. *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 08/23/2021 12:15:07 PM.**** NICHOLAS J. RYAN & ASSOCIATES 110 S. E. 6th Street, Suite 2100 Fort Lauderdale,FL 33301 Telephone: (954) 627-9401 E-mail for service (FL R. Jud. Admin. 2.516). 19@statefarm.com By. Lisa J. Baligian, Esq. Florida Bar No.. 956181 Attorneys and StaffofNicholasJ. Ryan & Associatesare Employeesof the Corporate Law Department of State Farm Mutual Automobile Insurance Company DEFENDANT'S AUTOMOBILE INTERROGATORIES TO PLAINTIFF 1. What is the name and address ofthe person answering these Interrogatories,and, if applicable, the person's officialpositionor relationship with the party to whom the Interrogatories are directed? 2. List the names, business addresses,dates of employment and rates ofpay regarding all employers, including self-employment,for whom you have worked in the past ten years. 3 List all former names and when you were known by those names. State all addresses where you have lived for the past ten years, the dates you lived at each address, your social security number, your date of birth, and if you are, or have ever been married, the name of your spouse or spouses. 4. Do you wear glasses, contact lenses or hearing aids? If so, who prescribed them; when were they prescribed; when were your eyes or ears last examined;and what is the name and address of the examiner? 5. Have you ever been convicted of a crime, other than juvenile adjudication, which under the law under which you were convicted was punishableby death or imprisonmentin excess of one year, or that involved dishonestyor a false statement regardless ofthe punishment? If so, state as to each conviction, the specific crime, the date and the place of conviction. 6. Were you suffering from any physical infirmity, disability or sickness at the time of the occurrence of the accident described in the Complaint? If so, what was the nature of the infirmity, disability or sickness? 7. Did you consume any alcoholicbeverages or take any drugs or medications within twelve (12) hours before the occurrence of the accident described in the Complaint? If so, what type and amount of alcoholicbeverages, drugs or medications were consumed and where did you consume them? 8 Describe in detail how the incident described in the Complaint happened, including all actions taken by you to prevent the incident. 9- Describe in detail each act or omission on the part of any party to this lawsuit that you contend constituted negligencethat was a contributinglegal cause of the incidentin question. 10. Were you charged with any violation of law (including any regulations or ordinances) arising out of the incident described in the Complaint? If so, what was the nature of the charge; what plea, or answer, if any, did you enter to the charge; what court or agency heard the charge; was any writtenreport prepared by anyone regarding this charge, and if so, what is the name and address of the person or entitythat prepared the report; do you have a copy of the report; and was the testimony at any trial, hearing, or other proceeding on the charge recorded in any manner, and if so, what was the name and address of the person who recorded the testimony? 11. Describe each injury for which you are claiming damages in this case, specifying the part of your body that was injured, the nature of the injury, and, as to any injuries you contend are permanent, the effects on you that you claim are permanent. 12. List each item of expense or damage, other than loss ofincome or earning capacity, that you claim to have incurred as a result of the incident described in the Complaint, giving for each item the date incurred, the name and business address to whom each was paid or is owed, and the goods or services for which each was incurred. 13. Do you contend that you have lost any income, benefits or earning capacity in the past or future as a result of the incident described in the Complaint? If so, state the nature of the income, benefits, or earning capacity, and the amount and the method that you used in computing the amount. 14. Has anythingbeen paid or is anythingpayable from any thirdparty for the damages listed in your answers to these Interrogatories? If so, state the amountspaid or payable, the name and business address of the person or entity who paid or owes said amounts, and which of those third partieshave or claim a right of subrogation. 15. List the names and business addresses of each physician who has treated or examined you, and each medical facilitywhere you have received any treatment or examination for the injuries for which you seek damages in this case; and state as to each the date of treatment or examination and the injury or condition for which you were examined or treated. 16. List the names and business addresses of all other physicians,medical facilities or other health care providers by whom or at which you have been examined or treated in the past ten years; and state as to each the dates of examination or treatment and the condition or injury for which you were examined or treated. 17. List the names and addresses ofall persons who are believed or known by you, your agents or attorneysto have any knowledge concerning any ofthe issues in this lawsuit; and specify the subject matterabout which the witness has knowledge. 18. Have you heard or do you know about any statement or remark made by or on behalfof any part to this lawsuit, other than yourself, concerning any issue in this lawsuit? If so, state the name and address of each person who made the statement or statements,the name and address of each person who heard it, and the date, time, place and substance of each statement. 19. State the name and address of every person known to you, your agents, or attorneys, who has knowledge about, or possession, custody or control of any model, plat, map, drawing, motion picture, video tape, or photograph pertaining to any fact or issue involved in this controversy; and describe as to each, what such person has, the name and address of the person who took or prepared it, and the date it was taken or prepared. 20. Do you intend to call any expert witnesses at the time of the trial of this case? If so, state as to each such witness the name and business address of the witness, the witness's qualifications as an expert, the subject matter upon which the witness is expected to testify, the substance of the facts and opinionsto which the witness is expected to testify, and a summary of the grounds for each opinion. 21. Have you made any agreementwith anyone that would limitthat party's liability to anyone for any of the damages sued upon in this case? If so, state the terms of the agreement and the partiesto it. 22. Please state if you have everbeen a party, eitherplaintiff or defendant, in a lawsuit other than the present matter and if so, state whether you were plaintiff or defendant, the nature of the action, and the date and court in which such suit was filed. 23. At the time of the incident described in the Complaint, were you wearing a seat belt? If not, please state why not; where you were seated in the vehicle; and whether the vehicle was equippedwith a seat belt that was operational and available for your use. 24. Did any mechanical defect in the motor vehicle in which you were riding at the time ofthe incidentdescribed in the Complaint contribute to the incident? If so, describethe nature of the defect and how it contributed to the incident. 25. State the names, addresses and telephone numbers of all automobile, medical, health and/or disability insurance carriers of the Plaintifffor the past ten (10) years, including the policy number(s), claim number(s) and/or identificationnumber(s) for each insurance policy. 26. Please state whether you have been involved in any other accidents or incidents, either preceding or subsequent to the subject accident; if so, please provide the date of any such accident or incident,the circumstancessurrounding said event, describe any injuries you may have suffered and provide the names, dates and addresses or health care providers who treated or examined any such injuries. 27. Please state if you have ever made a claim for personal injuries, workmen's compensation, or social security benefits. If so, please state withwhom the claim was made, when the claim was made, describe the nature of the claim and the events leading up to the claim, the claim number, and the status or disposition of any such claim(s). 28. Please state the full names, addresses and telephone numbers of any and all pharmacieswhere you had prescriptions filled within the past ten (10) years. 29. Please provide your cellular telephone number presently and for the date of accident, and for each, provide the account name, account number, and cellular telephone carrier. JURAT PAGE I hereby swear or affirm that I have read the foregoing Answersto Interrogatories and that said Answers are true and correct and to the best of my knowledge and belief this day of ,2021. STATE OF FLORIDA SS: COUNTY OF Before me, the undersigned authoritypersonally appeared who is personallyknown to me or has produced the following identification and who has signed the foregoing Answersto Interrogatories swearing or affirming that said answers are true and correct to the best of his knowledge and belief. Name. Notary Public, State of Florida CommissionNo: My Commission Expires.