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Filing # 127756564 E-Filed 05/28/2021 12:43:38 PM
LISA WILLIAMS IN THE CIRCUIT COURT OF THE
SEVENTEENTH JUDICIAL CIRCUIT IN
Plaintiff, AND FOR BROWARD COUNTY,
FLORIDA
V
CIRCUIT CIVIL DIVISION
PUBLIX SUPER MARKETS, INC.,
CASE NO.:
Defendant.
I
PLAINTIFF'S FIRST SET OF INTERROGATORIES TO DEFENDANT
Plaintiff, LISA WILLIAMS, by and through undersigned counsel, propounds the attached
First Set of Interrogatories to Defendant, PUBLIX SUPER MARKETS, INC., and requests the
same be answered separately and fully in writing under oath, within forty-five (45) days after
service hereof as provided by Florida Rule of Civil Procedure 1.340.
CERTIFICATE OF SERVICE
WE HEREBY CERTIFY that a true and correct copy o f the foregoing was furnished via a
certified process server.
->th
DATED this 28 day ofMay, 2021.
SIMON TRIAL FIRM
Attorneys for Plaintiff
2601 S. Bayshore Drive, Suite 1010
Miami, Florida 33133
Telephone: (305) 375-6500
Facsimile: (305) 375-0388
Email:
By: /s/ Kvle A.Quintana
RONALD M. SIMON, ESQ.
Florida Bar No.: 165262
KYLE A. QUINTANA, ESQ.
Florida Bar No- 1003110
***
FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 05/28/2021 12:43:35 PM.****
INSTRUCTIONS
A. The incident referred to in theseinterrogatories is the one alleged by Plaintiff to be the
basis ofthe claim described within Plaintiff's Complaint.
B. These interrogatories are requesting the information of Defendant, Defendant's agents,
servants, employees, investigators, sub-contractors, attorneys and insurance carriers.
C. These interrogatories shall apply to any corporate structure, alias, other or alternate
corporate identity Defendant has been known by during the last ten (10) years.
D. Please be advised, the person who is chosen by Defendant as the person to answer these
interrogatories SHALL BE DEPOSED and is, by virtue of answering this discovery, made
a witness in this cause of action.
E. For everyquestion whose response contains the name of a person please provide the last
known address and phone number for the person in your response.
F. The "subject premises" shall refer to the Publix Super Market located at 2501 East Sunrise
Blvd., Fort Lauderdale, FL 33304, where the Plaintiff's incident occurred.
G. The terms "you" or "your" shall refer to the Defendant corporation, its officers, directors,
agents, employees and/or representatives.
H. If Defendant plans to claim
work-productprivilege to any of these Interrogatories,please
provide a privilege log with a description of the materials Defendant is claiming as
privileged.
-2-
SIMON TRIAL FIRM, ATTORNEYS AT LAW
PLAINTIFF'S FIRST SET OF INTERROGATORIES TO DEFENDANT
1. State the name and address of the person answering these interrogatories, the
person's official position or relationship with the party to whom these interrogatories are directed
and whether this Defendant was properly identified by name in Plaintiff's Complaint. And, if it is
your contention that this Defendant was not properly named in Plaintiff"s Complaint, provide the
correct legal name of the Defendant Corporation.
2. List the name and address of Defendant's corporate representativewith
knowledge
as to the
following subjects: policies and
procedures concerning maintenance, cleaning, and
inspection ofthe subject premises, any previous and subsequent accidents/incidents at the subject
premises; safety policies and procedures concerning business invitee accidents/incidents at the
subject premises; policies and procedures concerning preservation of video footage and/or still
images of an accident/incidenton the subjectpremises involving a business invitee that is captured
by camera(s) on Defendant's premises; and policies and procedures concerning preservation of
post-incident photographs of an accident/incident scene on the subject premises involving a
business invitee. If said corporate representatives are different people, please name each
individually.
3 List the name(s), address(es), and telephone number(s) of each
person(s) who are believed or known
by Defendant, Defendant's agent(s) and/or attorney(s), to
have any knowledge concerning any of the issues in this lawsuit specifying the subject matter
about which the witness has knowledge, including but not limited to, person(s) who: filled out any
reports whatsoever related to this incident, spoke to Plaintiff to obtain information about the
subject incident, took photographs of the scene, who preserved any video, and the property
manager or attendant on duty on the date of Plaintiff's incident, etc., and the relationship of the
person listed to the Defendant answering these Interrogatories(whether employee, agent, manager,
etc.).
-3-
SIMON TRIAL FIRM, ATTORNEYS AT LAW
4. Have you heard or do you know about any statement or remark made by or on
behalf of any party to this lawsuit (including Plaintiff), 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.
5. Describe in detail how the incident described in the Complaint occurred, including
all actions taken by you or any employee or agent to prevent said incident and what caused Plaintiff
to fall on the date of the incident in question.
6. 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, or surveillance moving images pertainingto 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.
-4-
SIMON TRIAL FIRM, ATTORNEYS AT LAW
7. State the name, date of birth and address of all managers, property managers,
supervisors, employees and/or agents responsible for the inspection, maintenance and/or upkeep
of the subjectpremises, in any capacity, on the date of the subject incident. For each person, state
their title/position,the full name and address of their employer, and whether this person was an
eyewitness to the Plaintiff's incident.
8 State the date on which this Defendant was first notified of the incident involving
the Plaintiff, how you or any employee were informed of the incident, who informed said
employee, and the name and address ofthe person receiving notice on behalf ofthe Defendant.
9- IfDefendant, or anyone on its behalf, conducted a post-incidentinvestigation ofthe
area where Plaintiff's incident occurred, please state the
date(s) of this investigation, the name(s)
of Defendant's agent(s) and/or employee(s) who conducted the investigation, and a detailed
explanation ofwhat the post-incidentinvestigation revealed as to how the incident occurred.
-5-
SIMON TRIAL FIRM, ATTORNEYS AT LAW
10. Has any other employee or invitee been caused to
slip and fall on Defendant:S
1 2
subject premises, limited to similar areas and environments during the three (3) years prior to
.3 3
and one (1) year since- the subject incident? If so, please provide a listz with the following
information: the name(s), address(es), and telephone number(s) of the person(s) involved in the
related incident; the date of said incident(s); the condition alleged to have caused the employee or
customer to trip and fall.
11. If prior to Plaintiff's incident, Defendant inspected,
cleaned, and/or maintained the
subject area of incident, please provider how
long (in minutes, hours, or days) prior to the alleged
incident was the subject area last inspected, cleaned, and/or maintained; the name, title/position,
and address of the person who conductedthe last inspection, cleaning, and/or maintenance; and a
detailed description of any and all record(s), log(s), document(s), and/or material(s) Defendant is
relying on to prove and/or substantiate its answer to this interrogatory.
12. Please state to the
subject incident, Defendant transmitted any
whether, prior
warnings, of any nature or description, to Plaintiff of the
alleged dangerous condition referenced
in Plaintiff' s Complaint. If so, please provide a description of the warning, and if applicable,
describe the exact location ofthe warning sign, the color and dimensions ofthe warning sign, and
provide the name(s), address(es), and position(s) of the person(s) that transmitted said warning.
iPublix v. Martin, 739 So. 2d 174 (2nd DCA 1999): Plaintiffisentitled to informationcontainedwithin incident reports concerning previous
customer accidents even at locations otherthan the one at which Plaintiffwas injured so long as the environmentofthe store is substantially
similar. Information regarding customeraccidents for five (5) years prior to Plaintiffs injury was relevant and discoverable.
2T
'Pursuant to case law, the area need not be exactly the same, (i.e. need not be as specific as "AislewayNo. 4"), as long as a similar condition,
similar accidentsare discoverableeven at differentlocations and differentstores. Lawrencev. East Coast, 346 So. 2d 1012 (Fla 1977), Saunders
v. Florida Keys, 471 So.2d 88 Ord DCA 1985), Pubhx v. Martin, 739 So. 2d 174 (2nd DCA 1999).
Criswellv. Best Western, 636 So. 2d 562 (3'd DCA 1994).
3Accident reports, preceding and postdatingplaintiffsinjury, can be used to establishnotice of dangerousor defective conditionin personal
injury suit. Id.
-6-
SIMON TRIAL FIRM, ATTORNEYS AT LAW
13. Following the subject incidentwere any subsequent remedial measures made to the
subject area as a directresult ofthe subject incident? If so, identify in detail each action completed
by and/or on behalf of Defendant, the date each action was completed, the name and address of
the entity/person that completed each action, the reason why each action was completed, and the
name of Defendant's agent/employee who ordered and/or approved the decision to allow each
action completed.
14. Is there any video footage of the subject incident and/or of the
subject area at or
near the time ofincident?If so, please state whether the video footage
covered/capturedthe subject
area, was the video footage preserved, was the Plaintiff captured on any video footage before,
during or after the incident, who preserved said video footage, and the duration of said video
footage. If not, please explain why said video footage was not preserved.
15. If Defendant took/captured post-incidentphotographs ofthe area where Plaintiff's
incident occurred as it existed at the time of the incident or thereafter and/or of Plaintiff,
please
provider the number ofphotographs in Defendant's possession; the name, and title/position,ofthe
person who took/captured said photographs; and the name(s), and of any and
all person(s) who are currently in possession of the originals and/or copies of said photographs.
-7-
SIMON TRIAL FIRM, ATTORNEYS AT LAW
16. State whether, at the time of Plaintiff's incident, Defendant had in place any policy
and/or procedure(s) designed to report and/or prepare any and all accidents/incidents occurring on
Defendant's premises. If so, please provide a detailed description of the information routinely
requested from the person(s) involved in an accident/incident on the subject premises; a detailed
description of the information routinely requested from any potential witnesses, including
Defendant's agent(s), servant(s), and/or employee(s), of the accident/incidentoccurring on the
subject premises; a detailed list of the evidence and/or information routinely preserved by
Defendant at the time of the incident thereafter; and the
or of Defendant's
agent(s), servant(s), and/or employee(s) responsible for preserving said evidence.
17. State whether an accident/incidentreport was prepared after the subject incident,
the date and time of when the accident/incidentreport was prepared, the name(s) of Defendant's
agent(s) and/or employee(s) who prepared it, and whether the identified accident/incident report
issigned by Plaintiff. If no incident report was prepared, please explain why not.
18. State whether, at the time of Plaintiff's incident, Defendant had in place any policy
and/or procedure(s) designed to discover and/or prevent potential slip and fall hazards and/or
dangerous conditions at the subject premises. If so, please provide: a general description of each
said policy, procedure, training, and/or program; the name(s) of the employee(s) and/or agent(s)
responsible for implementing, overseeing, and/or performing said policy, procedure, training,
and/or program, on the date of the subject incident; a detailed description of how Defendant
ensures and/or oversees that said
employee(s) and/or agent(s) adhere to said policy, procedure,
training, and/or program (i.e. sweep sheets, inspection logs, etc.).
-8-
SIMON TRIAL FIRM, ATTORNEYS AT LAW
19. Is the Defendant aware of eyewitnesses to the incident involving the Plaintiff?
any
If so, state the name, address and telephone number of any eyewitnesses, whether this Defendant
or anyone acting on its behalf has taken a statement from the eyewitness, the date on which the
statement was taken, whether the statement was written or recorded in any way, and state the
substance of the statement.
20. At the time of Plaintiff's incident, in regards to any cleaning and/or maintenance of
the floors at the
subject premises, state with what frequency was and is said floor surface cleaned
and/ or maintained (hourly, daily, weekly, monthly, etc.); provide the name(s) and/or title(s) ofthe
person(s) charged with the responsibility of conducting and/or performing the above answered
routine cleaning and/or maintenance (if Defendant used a
to complete said services, please provide the name(s), title(s), phone number(s) and address(es) of
same); describe what equipment and/or products were used by the above answered entit(ies) to
conduct and/or perform the routine cleaning and/or maintenance of the subject area; and provide
the name(s) and/or title(s) of the person(s) charged with the responsibility of ensuring that
person(s) listed above conduct and/or perform the above answered routine cleaning and/or
maintenance to the floor of the subject premises.
21. If Defendant alleges that Plaintiff negligent, in any way, at the time of the
was
subject incident, please list each and every act and/or omission ofPlaintiffby which it is contended
that Plaintiff was negligent and describe in detail any and all evidence Defendant is relying on to
prove the alleged negligence on behalfof Plaintiff.
-9-
SIMON TRIAL FIRM, ATTORNEYS AT LAW
22. Describe in detail each act or omission on the part of any party or third party, not
named in this lawsuit, that you contend constituted negligence that was a contributinglegal cause
of the incident in question.
23. Describe any and all policies of insurance which you contend cover or may cover
you for the allegations set forth in Plaintiff's Complaint, including any excess or umbrella
coverage, and state the name of each insurer, the policy number(s), the effective date ofthe policy,
the available limits of liability, the limits of any self-insured retention (SIR), and the name and
address ofthe custodian ofthe policy.
-10-
SIMON TRIAL FIRM, ATTORNEYS AT LAW
PLEASE SIGN AND NOTARIZE UNDER OATH AS TO THE COMPLETENESSAND
TRUTHFULNESS OF YOUR ANSWERS.
Please be advised, the person who is chosen by Defendant as the person to answer these
interrogatories SHALL BE DEPOSED and is, by virtue of answering this discovery, made a
witness in this cause of action.
Affiant
STATE OF FLORIDA
SS
COUNTY OF
I HEREBY CERTIFY, on this day, before me, an duly authorized in the State and County
officer
aforementioned to take acknowledgments, personally appeared,
,
who is personally known to me or produced
as identification, and who is the same individual
described herein and who executed the foregoing and he/she acknowledgedbefore me that he/she
executed the same.
SWORN TO AND SUBSCRIBED before me this dayor ,20
SEAL:
NOTARY PUBLIC,
State of Florida
-11-
SIMON TRIAL FIRM, ATTORNEYS AT LAW
Preview
Filing # 127756564 E-Filed 05/28/2021 12:43:38 PM LISA WILLIAMS IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN Plaintiff, AND FOR BROWARD COUNTY, FLORIDA V CIRCUIT CIVIL DIVISION PUBLIX SUPER MARKETS, INC., CASE NO.: Defendant. I PLAINTIFF'S FIRST SET OF INTERROGATORIES TO DEFENDANT Plaintiff, LISA WILLIAMS, by and through undersigned counsel, propounds the attached First Set of Interrogatories to Defendant, PUBLIX SUPER MARKETS, INC., and requests the same be answered separately and fully in writing under oath, within forty-five (45) days after service hereof as provided by Florida Rule of Civil Procedure 1.340. CERTIFICATE OF SERVICE WE HEREBY CERTIFY that a true and correct copy o f the foregoing was furnished via a certified process server. ->th DATED this 28 day ofMay, 2021. SIMON TRIAL FIRM Attorneys for Plaintiff 2601 S. Bayshore Drive, Suite 1010 Miami, Florida 33133 Telephone: (305) 375-6500 Facsimile: (305) 375-0388 Email: By: /s/ Kvle A.Quintana RONALD M. SIMON, ESQ. Florida Bar No.: 165262 KYLE A. QUINTANA, ESQ. Florida Bar No- 1003110 *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 05/28/2021 12:43:35 PM.**** INSTRUCTIONS A. The incident referred to in theseinterrogatories is the one alleged by Plaintiff to be the basis ofthe claim described within Plaintiff's Complaint. B. These interrogatories are requesting the information of Defendant, Defendant's agents, servants, employees, investigators, sub-contractors, attorneys and insurance carriers. C. These interrogatories shall apply to any corporate structure, alias, other or alternate corporate identity Defendant has been known by during the last ten (10) years. D. Please be advised, the person who is chosen by Defendant as the person to answer these interrogatories SHALL BE DEPOSED and is, by virtue of answering this discovery, made a witness in this cause of action. E. For everyquestion whose response contains the name of a person please provide the last known address and phone number for the person in your response. F. The "subject premises" shall refer to the Publix Super Market located at 2501 East Sunrise Blvd., Fort Lauderdale, FL 33304, where the Plaintiff's incident occurred. G. The terms "you" or "your" shall refer to the Defendant corporation, its officers, directors, agents, employees and/or representatives. H. If Defendant plans to claim work-productprivilege to any of these Interrogatories,please provide a privilege log with a description of the materials Defendant is claiming as privileged. -2- SIMON TRIAL FIRM, ATTORNEYS AT LAW PLAINTIFF'S FIRST SET OF INTERROGATORIES TO DEFENDANT 1. State the name and address of the person answering these interrogatories, the person's official position or relationship with the party to whom these interrogatories are directed and whether this Defendant was properly identified by name in Plaintiff's Complaint. And, if it is your contention that this Defendant was not properly named in Plaintiff"s Complaint, provide the correct legal name of the Defendant Corporation. 2. List the name and address of Defendant's corporate representativewith knowledge as to the following subjects: policies and procedures concerning maintenance, cleaning, and inspection ofthe subject premises, any previous and subsequent accidents/incidents at the subject premises; safety policies and procedures concerning business invitee accidents/incidents at the subject premises; policies and procedures concerning preservation of video footage and/or still images of an accident/incidenton the subjectpremises involving a business invitee that is captured by camera(s) on Defendant's premises; and policies and procedures concerning preservation of post-incident photographs of an accident/incident scene on the subject premises involving a business invitee. If said corporate representatives are different people, please name each individually. 3 List the name(s), address(es), and telephone number(s) of each person(s) who are believed or known by Defendant, Defendant's agent(s) and/or attorney(s), to have any knowledge concerning any of the issues in this lawsuit specifying the subject matter about which the witness has knowledge, including but not limited to, person(s) who: filled out any reports whatsoever related to this incident, spoke to Plaintiff to obtain information about the subject incident, took photographs of the scene, who preserved any video, and the property manager or attendant on duty on the date of Plaintiff's incident, etc., and the relationship of the person listed to the Defendant answering these Interrogatories(whether employee, agent, manager, etc.). -3- SIMON TRIAL FIRM, ATTORNEYS AT LAW 4. Have you heard or do you know about any statement or remark made by or on behalf of any party to this lawsuit (including Plaintiff), 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. 5. Describe in detail how the incident described in the Complaint occurred, including all actions taken by you or any employee or agent to prevent said incident and what caused Plaintiff to fall on the date of the incident in question. 6. 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, or surveillance moving images pertainingto 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. -4- SIMON TRIAL FIRM, ATTORNEYS AT LAW 7. State the name, date of birth and address of all managers, property managers, supervisors, employees and/or agents responsible for the inspection, maintenance and/or upkeep of the subjectpremises, in any capacity, on the date of the subject incident. For each person, state their title/position,the full name and address of their employer, and whether this person was an eyewitness to the Plaintiff's incident. 8 State the date on which this Defendant was first notified of the incident involving the Plaintiff, how you or any employee were informed of the incident, who informed said employee, and the name and address ofthe person receiving notice on behalf ofthe Defendant. 9- IfDefendant, or anyone on its behalf, conducted a post-incidentinvestigation ofthe area where Plaintiff's incident occurred, please state the date(s) of this investigation, the name(s) of Defendant's agent(s) and/or employee(s) who conducted the investigation, and a detailed explanation ofwhat the post-incidentinvestigation revealed as to how the incident occurred. -5- SIMON TRIAL FIRM, ATTORNEYS AT LAW 10. Has any other employee or invitee been caused to slip and fall on Defendant:S 1 2 subject premises, limited to similar areas and environments during the three (3) years prior to .3 3 and one (1) year since- the subject incident? If so, please provide a listz with the following information: the name(s), address(es), and telephone number(s) of the person(s) involved in the related incident; the date of said incident(s); the condition alleged to have caused the employee or customer to trip and fall. 11. If prior to Plaintiff's incident, Defendant inspected, cleaned, and/or maintained the subject area of incident, please provider how long (in minutes, hours, or days) prior to the alleged incident was the subject area last inspected, cleaned, and/or maintained; the name, title/position, and address of the person who conductedthe last inspection, cleaning, and/or maintenance; and a detailed description of any and all record(s), log(s), document(s), and/or material(s) Defendant is relying on to prove and/or substantiate its answer to this interrogatory. 12. Please state to the subject incident, Defendant transmitted any whether, prior warnings, of any nature or description, to Plaintiff of the alleged dangerous condition referenced in Plaintiff' s Complaint. If so, please provide a description of the warning, and if applicable, describe the exact location ofthe warning sign, the color and dimensions ofthe warning sign, and provide the name(s), address(es), and position(s) of the person(s) that transmitted said warning. iPublix v. Martin, 739 So. 2d 174 (2nd DCA 1999): Plaintiffisentitled to informationcontainedwithin incident reports concerning previous customer accidents even at locations otherthan the one at which Plaintiffwas injured so long as the environmentofthe store is substantially similar. Information regarding customeraccidents for five (5) years prior to Plaintiffs injury was relevant and discoverable. 2T 'Pursuant to case law, the area need not be exactly the same, (i.e. need not be as specific as "AislewayNo. 4"), as long as a similar condition, similar accidentsare discoverableeven at differentlocations and differentstores. Lawrencev. East Coast, 346 So. 2d 1012 (Fla 1977), Saunders v. Florida Keys, 471 So.2d 88 Ord DCA 1985), Pubhx v. Martin, 739 So. 2d 174 (2nd DCA 1999). Criswellv. Best Western, 636 So. 2d 562 (3'd DCA 1994). 3Accident reports, preceding and postdatingplaintiffsinjury, can be used to establishnotice of dangerousor defective conditionin personal injury suit. Id. -6- SIMON TRIAL FIRM, ATTORNEYS AT LAW 13. Following the subject incidentwere any subsequent remedial measures made to the subject area as a directresult ofthe subject incident? If so, identify in detail each action completed by and/or on behalf of Defendant, the date each action was completed, the name and address of the entity/person that completed each action, the reason why each action was completed, and the name of Defendant's agent/employee who ordered and/or approved the decision to allow each action completed. 14. Is there any video footage of the subject incident and/or of the subject area at or near the time ofincident?If so, please state whether the video footage covered/capturedthe subject area, was the video footage preserved, was the Plaintiff captured on any video footage before, during or after the incident, who preserved said video footage, and the duration of said video footage. If not, please explain why said video footage was not preserved. 15. If Defendant took/captured post-incidentphotographs ofthe area where Plaintiff's incident occurred as it existed at the time of the incident or thereafter and/or of Plaintiff, please provider the number ofphotographs in Defendant's possession; the name, and title/position,ofthe person who took/captured said photographs; and the name(s), and of any and all person(s) who are currently in possession of the originals and/or copies of said photographs. -7- SIMON TRIAL FIRM, ATTORNEYS AT LAW 16. State whether, at the time of Plaintiff's incident, Defendant had in place any policy and/or procedure(s) designed to report and/or prepare any and all accidents/incidents occurring on Defendant's premises. If so, please provide a detailed description of the information routinely requested from the person(s) involved in an accident/incident on the subject premises; a detailed description of the information routinely requested from any potential witnesses, including Defendant's agent(s), servant(s), and/or employee(s), of the accident/incidentoccurring on the subject premises; a detailed list of the evidence and/or information routinely preserved by Defendant at the time of the incident thereafter; and the or of Defendant's agent(s), servant(s), and/or employee(s) responsible for preserving said evidence. 17. State whether an accident/incidentreport was prepared after the subject incident, the date and time of when the accident/incidentreport was prepared, the name(s) of Defendant's agent(s) and/or employee(s) who prepared it, and whether the identified accident/incident report issigned by Plaintiff. If no incident report was prepared, please explain why not. 18. State whether, at the time of Plaintiff's incident, Defendant had in place any policy and/or procedure(s) designed to discover and/or prevent potential slip and fall hazards and/or dangerous conditions at the subject premises. If so, please provide: a general description of each said policy, procedure, training, and/or program; the name(s) of the employee(s) and/or agent(s) responsible for implementing, overseeing, and/or performing said policy, procedure, training, and/or program, on the date of the subject incident; a detailed description of how Defendant ensures and/or oversees that said employee(s) and/or agent(s) adhere to said policy, procedure, training, and/or program (i.e. sweep sheets, inspection logs, etc.). -8- SIMON TRIAL FIRM, ATTORNEYS AT LAW 19. Is the Defendant aware of eyewitnesses to the incident involving the Plaintiff? any If so, state the name, address and telephone number of any eyewitnesses, whether this Defendant or anyone acting on its behalf has taken a statement from the eyewitness, the date on which the statement was taken, whether the statement was written or recorded in any way, and state the substance of the statement. 20. At the time of Plaintiff's incident, in regards to any cleaning and/or maintenance of the floors at the subject premises, state with what frequency was and is said floor surface cleaned and/ or maintained (hourly, daily, weekly, monthly, etc.); provide the name(s) and/or title(s) ofthe person(s) charged with the responsibility of conducting and/or performing the above answered routine cleaning and/or maintenance (if Defendant used a to complete said services, please provide the name(s), title(s), phone number(s) and address(es) of same); describe what equipment and/or products were used by the above answered entit(ies) to conduct and/or perform the routine cleaning and/or maintenance of the subject area; and provide the name(s) and/or title(s) of the person(s) charged with the responsibility of ensuring that person(s) listed above conduct and/or perform the above answered routine cleaning and/or maintenance to the floor of the subject premises. 21. If Defendant alleges that Plaintiff negligent, in any way, at the time of the was subject incident, please list each and every act and/or omission ofPlaintiffby which it is contended that Plaintiff was negligent and describe in detail any and all evidence Defendant is relying on to prove the alleged negligence on behalfof Plaintiff. -9- SIMON TRIAL FIRM, ATTORNEYS AT LAW 22. Describe in detail each act or omission on the part of any party or third party, not named in this lawsuit, that you contend constituted negligence that was a contributinglegal cause of the incident in question. 23. Describe any and all policies of insurance which you contend cover or may cover you for the allegations set forth in Plaintiff's Complaint, including any excess or umbrella coverage, and state the name of each insurer, the policy number(s), the effective date ofthe policy, the available limits of liability, the limits of any self-insured retention (SIR), and the name and address ofthe custodian ofthe policy. -10- SIMON TRIAL FIRM, ATTORNEYS AT LAW PLEASE SIGN AND NOTARIZE UNDER OATH AS TO THE COMPLETENESSAND TRUTHFULNESS OF YOUR ANSWERS. Please be advised, the person who is chosen by Defendant as the person to answer these interrogatories SHALL BE DEPOSED and is, by virtue of answering this discovery, made a witness in this cause of action. Affiant STATE OF FLORIDA SS COUNTY OF I HEREBY CERTIFY, on this day, before me, an duly authorized in the State and County officer aforementioned to take acknowledgments, personally appeared, , who is personally known to me or produced as identification, and who is the same individual described herein and who executed the foregoing and he/she acknowledgedbefore me that he/she executed the same. SWORN TO AND SUBSCRIBED before me this dayor ,20 SEAL: NOTARY PUBLIC, State of Florida -11- SIMON TRIAL FIRM, ATTORNEYS AT LAW