Preview
Filing # 149051811 E-Filed 05/05/2022 03:56:06 PM
IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT
IN AND FOR PINELLAS COUNTY, FLORIDA
CIVIL DIVISION
RENOT LAPOINTE,
Plaintiff, CASE NO. 22-000641-CI
v.
WEEKLEY HOMES, LLC, FCA CONSTRUCTION
& SONS INC., DUKE ENERGY FLORIDA, LLC, and
SHANE JOHNSON, an Individual,
Defendants.
___________________________________/
DEFENDANT’S, DUKE ENERGY FLORIDA, LLC, NOTICE OF SERVING
FIRST SET OF INTERROGATORIES TO PLAINTIFF RENOT LAPOINTE
Defendant, DUKE ENERGY FLORIDA, LLC, through counsel and in accordance with
the Florida Rules of Civil Procedure, 1.340, gives notice of serving its First Set of Interrogatories
(1-29) to Plaintiff, RENOT LAPOINTE. These interrogatories are to be answered in writing
within thirty (30) days from the below-identified date of service.
CERTIFICATE OF SERVICE FOLLOWS
Page 1 of 13
***ELECTRONICALLY FILED 05/05/2022 03:56:06 PM: KEN BURKE, CLERK OF THE CIRCUIT COURT, PINELLAS COUNTY***
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was electronically
filed with the Clerk of the Court by using the E-Portal system to: (For Plaintiff): E. Lynn
Gibbons, Esquire, Jorgensen Gibbons, P.A., 4455 Central Avenue, St. Petersburg, Florida
33713, (service@ioruensenaibbons.com); (For Weekley Homes, LLC): Lindsay T. Brigman,
Esq, and David J. Awoleke, Esq. WICKER SMITH O'HARA MCCOY & FORD, P.A., 100 S.
Ashley Dr., Suite 1800, Tampa, FL 33602 (TPAcrtpleadings@wickersmith.com); (For FCA
Constructions & Sons, Inc. and Shane Johnson): T.R. Unnice, Jr. and Jeff Jensen, Esq.,
UNICE SALZMAN JENSEN, P.A., 181 Little Road, Trinity, Florida 34655
(service@unice.salzman.com , iiensen@unicesalzman.com, cjohnson@.unicesalzman.com,
vengelson@unicesalzman.com) this 5th day of May, 2022.
QUINTAIROS, PRIETO, WOOD & BOYER,
P.A.
/s/ Andrew J. Lewis
ANDREW J. LEWIS, ESQUIRE
Florida Bar No. 0964190
TERRY L. KORS, JR., ESQUIRE
Florida Bar No. 0017359
1410 N. Westshore Blvd., Suite 200
Tampa, Florida 33607
Telephone: (813) 286-8818
Facsimile: (813)286-9998
Attorneys for Defendant DUKE ENERGY
FLORIDA, LLC
drew.lewis@qpwblaw.com
terrv.kors@qpwblaw.com
dinah.bishop@qpwblaw.com
derrick.iayska@qpwblaw.com
Page 2 of 13
DEFENDANT’S, DUKE ENERGY FLORIDA, LLC,
FIRST SET OF INTERROGATORIES TO PLAINTIFF RENOT LAPOINTE
1. What is your complete legal name, address and, if you are answering for someone else,
your official position?
ANSWER:
2. 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. Please list the name and age of your children.
ANSWER:
3. Have you ever been convicted of a crime, other than any juvenile adjudication, which
under the law under which you were convicted was punishable by death or imprisonment in
excess of one year, or that involved dishonesty or a false statement regardless of the punishment?
If so, state as to each conviction, the specific crime, the date and the place of conviction.
ANSWER:
Page 3 of 13
4. State the extent of your formal education (including trade, vocational or technical
schools, colleges or universities and high schools).
ANSWER:
5. Were you suffering from physical infirmity, disability, or sickness at the time of the
occurrence of the incident described in the Complaint? If so, what was the nature of the
infirmity, disability, or sickness?
ANSWER:
6. Was Plaintiff, RENOT LAPOINTE, within 72 hours prior to the accident as described in
the Complaint, taking any prescribed or non-prescribed medications, drugs, alcohol or other
substances? If so, please state the name of the substance, what amount that was consumed
and/or ingested and the date, place and time they were consumed/ingested?
ANSWER:
Page 4 of 13
7. Was Plaintiff, RENOT LAPOINTE, at the time of the accident as described in the
Complaint required to wear corrective lenses, hearing aids, or any other device to assist Plaintiff,
in regaining normalcy to sensory perceptions? If so, please state what Plaintiff was required to
use, who prescribed them, when prescribed, when you were last examined and by whom (name
and address).
ANSWER:
8. Describe in detail how the incident happened, including all actions taken by you to
prevent the incident and precisely what caused or contributed to the incident as described in your
Complaint.
ANSWER:
9. Describe in detail each act or omission on the part of this Defendant that you contend
constituted negligence that was a contributing legal cause of the accident in question.
ANSWER:
Page 5 of 13
10. As to each condition or default you contend caused the accident, please state:
(a) A description of the condition which made the premises dangerous;
(b) Each fact which indicates the length of time the condition had existed prior to the
accident;
(c) Each fact which tend to show that the defendant knew or should have known of the
condition;
(d) Each act which a defendant failed to perform to make the premises reasonably safe for
use;
ANSWER:
11. Regarding each condition or default you contend caused the accident, state whether you
knew of the condition before the accident, and if so, the manner in which you acquired such
knowledge, the time you acquired such knowledge, and any act performed by you to avoid the
accident after you acquired such knowledge.
ANSWER:
12.List the names, addresses, and telephone numbers of all persons who are believed or known
by you, your agents or attorneys to have any knowledge concerning any of the issues in this
lawsuit or raised by the pleadings; and specify the subject matter about which the witness has
knowledge.
ANSWER:
Page 6 of 13
13. Have you heard or do you know about any statement or remark made by or on behalf of
any party (Defendant(s) or Defendant(s) representatives, agents, or employees) 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.
ANSWER:
14. State the name and address of every person known to you, your agents or attorneys who
has knowledge about your possession, custody or control of any map, drawing, motion picture,
video tape or photograph pertaining to any fact or issue involved in this controversy and
described as to each what such person has. The name and address of the person who took it,
prepared it, or has possession of it and the date it was taken.
ANSWER:
15. 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.
ANSWER:
Page 7 of 13
16. State whether or not you have any scars or other disfigurements by reason of your alleged
injuries from the subject incident and, if so, describe them.
ANSWER:
17. List each medical provider (including their complete name and business address) who has
treated you and each medical facility where you have received any treatment for the injuries for
which you seek damages in this case, giving the dates that the treatment was received and the
condition or injury that was treated.
ANSWER:
18. List each item of expense that you claim to have incurred as a result of the injuries sued
on in this action, giving for each item the date incurred, to whom owed or paid and the goods or
services for which each was incurred.
ANSWER:
Page 8 of 13
19. Do you contend that you have lost any form of compensation, i.e., lost past wages or loss
of future earning capacity, as a result of the injuries sued on in this action? If so, what were the
amount lost, the period during which it was lost, the nature of the compensation and the method
that you used in computing the amount, and what the basis upon your claim for the loss of future
earning capacity?
ANSWER:
20. List the names, addresses, telephone numbers, dates of employment, and rate of pay for
all employers, including self-employment, for whom you have worked in the past ten (10) years.
ANSWER:
21. List the names and business addresses of all other medical providers, including, but not
limited to: physicians, mental health counselors, psychiatrists, psychologists, medical facilities,
or other health care providers by whom or at which you have been examined or treated in the
past ten (10) years and state as to each the dates of examination or treatment and the condition or
injury for which you were examined or treated.
ANSWER:
Page 9 of 13
22. Have you ever suffered any injuries in any incident either prior to (before) or subsequent
to (after) the incident referred to in the Complaint, including, but not limited to automobile
accidents, worker's comp claims, slip and fall, etc.? If so, state:
a. The date and place of each such injury;
b. A detailed description of all the injuries you received;
c. The names and street addresses of all medical providers rendering treatment.
ANSWER:
23. Do you intend to call any expert witnesses at 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 opinions to which the witness is expected to testify, and the summary of the grounds for each
opinion.
ANSWER:
Page 10 of 13
24. Do you contend that this Defendant violated or was guilty of the violation of, any codes,
statutes, ordinance or regulations of any kind or nature whatsoever? If so, please state in detail as
to each such alleged violation:
(a) The specific codes, statute, ordinance and/or regulation, including all numbers and/or other
references which would permit this Defendant to specifically identify each one;
(b) The date of each such alleged violation;
(c) The complete name, address and telephone number of each and every person who could
testify in support thereof.
ANSWER:
25. Please state all facts known to the Plaintiff that support the allegations made in Paragraph
58 of the Complaint that “Defendants WEEKELY, FCA and/or JOHNSON notified DUKE that
the construction on the Jobsite would entail workers performing their duties within close
proximity of the power lines and requested that those power lines be covered and made safe” and
more specifically, dates and to whom such notifications were made, along with any response.
ANSWER:
26. Please state all facts known to the Plaintiff that support the allegations made in Paragraph
59 of the Complaint that “DUKE failed or refused to cover and/or take any measures to make the
power lines safe citing the fact that it was “too busy” to comply” and more specifically, dates and
to whom such communications were made, along with any response.
ANSWER:
Page 11 of 13
27. Please state all facts known to the Plaintiff that support the allegations made in Paragraph
61 of the Complaint that “DUKE negligently operated and/or maintained its power lines”.
ANSWER:
28. Please state the date, persons in communications, and substance of any communications
known to the Plaintiff that indicate a request was made to re-route electricity away from the
power lines subject to the Complaint prior to, and at the time of RENOT LAPOINTE’s injury.
ANSWER:
29. Has anything been paid or is anything payable from any third party for the damages listed
in your answers to these interrogatories? If so, state the amount paid or payable, the name and
business address of the person or entity who paid or owes said amount, and which of those third
parties have or claim a right of subrogation.
ANSWER:
Page 12 of 13
VERIFICATION PAGE
____________________________________
RENOT LAPOINTE
STATE OF ______________________
COUNTY OF _____________________
BEFORE ME this day appeared RENOT LAPOINTE who (being personally known to
me) or (presented identification in the form of ___________________________________) being
first duly sworn deposes and says that he/she has read the above and foregoing Answers and that
the same are true to the best of her/his knowledge, information and belief.
SWORN TO AND SUBSCRIBED before me by means of ☐ physical presence or ☐
online notarization, this _____ day of __________________, 2022.
____________________________________
Notary Public
My Commission Expires:
Page 13 of 13
Preview
Filing # 149051811 E-Filed 05/05/2022 03:56:06 PM IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT IN AND FOR PINELLAS COUNTY, FLORIDA CIVIL DIVISION RENOT LAPOINTE, Plaintiff, CASE NO. 22-000641-CI v. WEEKLEY HOMES, LLC, FCA CONSTRUCTION & SONS INC., DUKE ENERGY FLORIDA, LLC, and SHANE JOHNSON, an Individual, Defendants. ___________________________________/ DEFENDANT’S, DUKE ENERGY FLORIDA, LLC, NOTICE OF SERVING FIRST SET OF INTERROGATORIES TO PLAINTIFF RENOT LAPOINTE Defendant, DUKE ENERGY FLORIDA, LLC, through counsel and in accordance with the Florida Rules of Civil Procedure, 1.340, gives notice of serving its First Set of Interrogatories (1-29) to Plaintiff, RENOT LAPOINTE. These interrogatories are to be answered in writing within thirty (30) days from the below-identified date of service. CERTIFICATE OF SERVICE FOLLOWS Page 1 of 13 ***ELECTRONICALLY FILED 05/05/2022 03:56:06 PM: KEN BURKE, CLERK OF THE CIRCUIT COURT, PINELLAS COUNTY*** CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was electronically filed with the Clerk of the Court by using the E-Portal system to: (For Plaintiff): E. Lynn Gibbons, Esquire, Jorgensen Gibbons, P.A., 4455 Central Avenue, St. Petersburg, Florida 33713, (service@ioruensenaibbons.com); (For Weekley Homes, LLC): Lindsay T. Brigman, Esq, and David J. Awoleke, Esq. WICKER SMITH O'HARA MCCOY & FORD, P.A., 100 S. Ashley Dr., Suite 1800, Tampa, FL 33602 (TPAcrtpleadings@wickersmith.com); (For FCA Constructions & Sons, Inc. and Shane Johnson): T.R. Unnice, Jr. and Jeff Jensen, Esq., UNICE SALZMAN JENSEN, P.A., 181 Little Road, Trinity, Florida 34655 (service@unice.salzman.com , iiensen@unicesalzman.com, cjohnson@.unicesalzman.com, vengelson@unicesalzman.com) this 5th day of May, 2022. QUINTAIROS, PRIETO, WOOD & BOYER, P.A. /s/ Andrew J. Lewis ANDREW J. LEWIS, ESQUIRE Florida Bar No. 0964190 TERRY L. KORS, JR., ESQUIRE Florida Bar No. 0017359 1410 N. Westshore Blvd., Suite 200 Tampa, Florida 33607 Telephone: (813) 286-8818 Facsimile: (813)286-9998 Attorneys for Defendant DUKE ENERGY FLORIDA, LLC drew.lewis@qpwblaw.com terrv.kors@qpwblaw.com dinah.bishop@qpwblaw.com derrick.iayska@qpwblaw.com Page 2 of 13 DEFENDANT’S, DUKE ENERGY FLORIDA, LLC, FIRST SET OF INTERROGATORIES TO PLAINTIFF RENOT LAPOINTE 1. What is your complete legal name, address and, if you are answering for someone else, your official position? ANSWER: 2. 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. Please list the name and age of your children. ANSWER: 3. Have you ever been convicted of a crime, other than any juvenile adjudication, which under the law under which you were convicted was punishable by death or imprisonment in excess of one year, or that involved dishonesty or a false statement regardless of the punishment? If so, state as to each conviction, the specific crime, the date and the place of conviction. ANSWER: Page 3 of 13 4. State the extent of your formal education (including trade, vocational or technical schools, colleges or universities and high schools). ANSWER: 5. Were you suffering from physical infirmity, disability, or sickness at the time of the occurrence of the incident described in the Complaint? If so, what was the nature of the infirmity, disability, or sickness? ANSWER: 6. Was Plaintiff, RENOT LAPOINTE, within 72 hours prior to the accident as described in the Complaint, taking any prescribed or non-prescribed medications, drugs, alcohol or other substances? If so, please state the name of the substance, what amount that was consumed and/or ingested and the date, place and time they were consumed/ingested? ANSWER: Page 4 of 13 7. Was Plaintiff, RENOT LAPOINTE, at the time of the accident as described in the Complaint required to wear corrective lenses, hearing aids, or any other device to assist Plaintiff, in regaining normalcy to sensory perceptions? If so, please state what Plaintiff was required to use, who prescribed them, when prescribed, when you were last examined and by whom (name and address). ANSWER: 8. Describe in detail how the incident happened, including all actions taken by you to prevent the incident and precisely what caused or contributed to the incident as described in your Complaint. ANSWER: 9. Describe in detail each act or omission on the part of this Defendant that you contend constituted negligence that was a contributing legal cause of the accident in question. ANSWER: Page 5 of 13 10. As to each condition or default you contend caused the accident, please state: (a) A description of the condition which made the premises dangerous; (b) Each fact which indicates the length of time the condition had existed prior to the accident; (c) Each fact which tend to show that the defendant knew or should have known of the condition; (d) Each act which a defendant failed to perform to make the premises reasonably safe for use; ANSWER: 11. Regarding each condition or default you contend caused the accident, state whether you knew of the condition before the accident, and if so, the manner in which you acquired such knowledge, the time you acquired such knowledge, and any act performed by you to avoid the accident after you acquired such knowledge. ANSWER: 12.List the names, addresses, and telephone numbers of all persons who are believed or known by you, your agents or attorneys to have any knowledge concerning any of the issues in this lawsuit or raised by the pleadings; and specify the subject matter about which the witness has knowledge. ANSWER: Page 6 of 13 13. Have you heard or do you know about any statement or remark made by or on behalf of any party (Defendant(s) or Defendant(s) representatives, agents, or employees) 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. ANSWER: 14. State the name and address of every person known to you, your agents or attorneys who has knowledge about your possession, custody or control of any map, drawing, motion picture, video tape or photograph pertaining to any fact or issue involved in this controversy and described as to each what such person has. The name and address of the person who took it, prepared it, or has possession of it and the date it was taken. ANSWER: 15. 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. ANSWER: Page 7 of 13 16. State whether or not you have any scars or other disfigurements by reason of your alleged injuries from the subject incident and, if so, describe them. ANSWER: 17. List each medical provider (including their complete name and business address) who has treated you and each medical facility where you have received any treatment for the injuries for which you seek damages in this case, giving the dates that the treatment was received and the condition or injury that was treated. ANSWER: 18. List each item of expense that you claim to have incurred as a result of the injuries sued on in this action, giving for each item the date incurred, to whom owed or paid and the goods or services for which each was incurred. ANSWER: Page 8 of 13 19. Do you contend that you have lost any form of compensation, i.e., lost past wages or loss of future earning capacity, as a result of the injuries sued on in this action? If so, what were the amount lost, the period during which it was lost, the nature of the compensation and the method that you used in computing the amount, and what the basis upon your claim for the loss of future earning capacity? ANSWER: 20. List the names, addresses, telephone numbers, dates of employment, and rate of pay for all employers, including self-employment, for whom you have worked in the past ten (10) years. ANSWER: 21. List the names and business addresses of all other medical providers, including, but not limited to: physicians, mental health counselors, psychiatrists, psychologists, medical facilities, or other health care providers by whom or at which you have been examined or treated in the past ten (10) years and state as to each the dates of examination or treatment and the condition or injury for which you were examined or treated. ANSWER: Page 9 of 13 22. Have you ever suffered any injuries in any incident either prior to (before) or subsequent to (after) the incident referred to in the Complaint, including, but not limited to automobile accidents, worker's comp claims, slip and fall, etc.? If so, state: a. The date and place of each such injury; b. A detailed description of all the injuries you received; c. The names and street addresses of all medical providers rendering treatment. ANSWER: 23. Do you intend to call any expert witnesses at 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 opinions to which the witness is expected to testify, and the summary of the grounds for each opinion. ANSWER: Page 10 of 13 24. Do you contend that this Defendant violated or was guilty of the violation of, any codes, statutes, ordinance or regulations of any kind or nature whatsoever? If so, please state in detail as to each such alleged violation: (a) The specific codes, statute, ordinance and/or regulation, including all numbers and/or other references which would permit this Defendant to specifically identify each one; (b) The date of each such alleged violation; (c) The complete name, address and telephone number of each and every person who could testify in support thereof. ANSWER: 25. Please state all facts known to the Plaintiff that support the allegations made in Paragraph 58 of the Complaint that “Defendants WEEKELY, FCA and/or JOHNSON notified DUKE that the construction on the Jobsite would entail workers performing their duties within close proximity of the power lines and requested that those power lines be covered and made safe” and more specifically, dates and to whom such notifications were made, along with any response. ANSWER: 26. Please state all facts known to the Plaintiff that support the allegations made in Paragraph 59 of the Complaint that “DUKE failed or refused to cover and/or take any measures to make the power lines safe citing the fact that it was “too busy” to comply” and more specifically, dates and to whom such communications were made, along with any response. ANSWER: Page 11 of 13 27. Please state all facts known to the Plaintiff that support the allegations made in Paragraph 61 of the Complaint that “DUKE negligently operated and/or maintained its power lines”. ANSWER: 28. Please state the date, persons in communications, and substance of any communications known to the Plaintiff that indicate a request was made to re-route electricity away from the power lines subject to the Complaint prior to, and at the time of RENOT LAPOINTE’s injury. ANSWER: 29. Has anything been paid or is anything payable from any third party for the damages listed in your answers to these interrogatories? If so, state the amount paid or payable, the name and business address of the person or entity who paid or owes said amount, and which of those third parties have or claim a right of subrogation. ANSWER: Page 12 of 13 VERIFICATION PAGE ____________________________________ RENOT LAPOINTE STATE OF ______________________ COUNTY OF _____________________ BEFORE ME this day appeared RENOT LAPOINTE who (being personally known to me) or (presented identification in the form of ___________________________________) being first duly sworn deposes and says that he/she has read the above and foregoing Answers and that the same are true to the best of her/his knowledge, information and belief. SWORN TO AND SUBSCRIBED before me by means of ☐ physical presence or ☐ online notarization, this _____ day of __________________, 2022. ____________________________________ Notary Public My Commission Expires: Page 13 of 13