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IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
NOTICE OF SERVING INTERROGATORIES
TO DEFENDANT RACHEL BETH OFFUTT b
°
COMES NOW the Plaintiff, Mable Spears Easterly, by and throu
undersigned counsel and hereby propounds to the Defendant, Rachel Beth Offutt, and
pursuant to Rule 1.340, Florida Rules of Civil Procedure, the attached Interrogatories,
answers to which will be due within thirty (30) days from the date of service hereof.
I HEREBY CERTIFY that a true and correct copy of the foregoing has been
furnished along with the Summons and Complaint on this (tay of July, 2009.
CIVIL ACTION
MABLE SPEARS EASTERLY, ) RQ
) 9- 62IB-CcA
Plaintiff, ) 6
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ve ) CASE NO.
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HOLLY JANE BUTLER and )
RACHEL BETH OFFUTT, ) o 3
) re
Defendants. ) _ Ts 2 =
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) Filed in c 20
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STEINBERG & LINN, P.A.
Attorneys for the Plaintiff
2650 Airport Road, Suite "C"
Naples, Florida 34112
(239) 793-4000
Mark A. Steinberg
Florida Bar No. 323616TO INTERROGATOR:
1. What is the name and address of the person answering these
interrogatories or assisting in their answering, and if applicable, the person's official
position or relationship with the party to whom the interrogatories are directed.
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, and your date of birth.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 (1) 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.
4. Describe any and all policies of insurance which you contend cover or may
cover you for the allegations set forth in plaintiffs complaint, detailing as to such
policies: the name of the insurer, number of the policy, the effective dates of the policy,
the available limits of liability, and the name and address of the custodian of the policy.5. Describe in detail how the incident described in the complaint happened,
including all actions taken by you to prevent the incident.
6. Describe in detail each act or omission on the part of any party to this
lawsuit that you contend constituted negligence that was a contributing legal cause of
the incident in question.7. State the facts upon which you rely for each affirmative defense in your
answer.
8. Do you contend any person or entity other than you is, or may be, liable
in whole or part for the claims asserted against you in this lawsuit? If so, state the full
name and address of each such person or entity, the legal basis for your contention,
the facts or evidence upon which you contention is based, and whether or not you have
notified each such person or entity of your contention.9. Were you charged with any violation of law (including any regulation 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 written report prepared by anyone
regarding the charge, and if so, what is the name and address of the person or entity
who 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?
10. List the names and addresses 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; and specify the subject matter about which the witness has knowledge.11. Have you heard or do you know about any statement or remark made by
or on behalf of any party to this lawsuit, other than any statements by you which may
be privileged, 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.
12. 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. .13. 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 a summary of the grounds for each opinion.
14. | Have you made an agreement with anyone that would limit that 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 parties to it.15. Please state if you have ever been a party, either plaintiff 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.
16. 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 was the name and address of the examiner?17. Were you suffering from physical infirmity, disability, or sickness at the
time of the incident described in the complaint? If so, what was the nature of the
infirmity, disability, or sickness?
18. Did you consume any alcoholic beverages or take any drugs or
medications within 12 hours before the time of the incident described in the complaint?
If so, state the type and amount of alcoholic beverages, drugs or medication which
were consumed, and when and where you consumed them.19. Did any mechanical defect in the motor vehicle in which you were riding
at the time of the incident described in the complaint contribute to the incident. If so,
describe the nature of the defect and how it contributed to the incident.
20. List the names and addresses of all persons, corporations or entities who
were registered title owners or who had ownership interest in, or right to control, the
motor vehicle that the defendant driver was driving at the time of the incident
described in the complaint, and describe both the nature of the ownership interest or
right to control the vehicle, and the vehicle itself, including the make, model. year and
vehicle identification number.21. — At the time of the incident described in the complaint, did the driver of the
vehicle described in your answer to the preceding interrogatory have permission to
drive the vehicle? If so, state the names and addresses of all persons who have
permission.
22. At the time of the incident described in the complaint, was the defendant
driver engaged in any mission or activity for any other person or entity, including an
employer? If so, state the name and address of that person or entity and the nature of
the mission or activity.23. Was the motor vehicle that the defendant driver was driving at the time of
the incident described in the complaint damaged in the incident and if so, what was the
cost to repair the damage?I, RACHEL BETH OFFUTT, hereby attest that the answers to the foregoing
interrogatories are true and correct to the best of my knowledge and belief.
Signed on this ___ day of 2009.
Rachel Beth Offutt
STATE OF FLORIDA )
) ss.
COUNTY OF )
I hereby certify that on this day personally appeared before me, and officer duly
authorized to administer oaths and take acknowledgments, RACHEL BETH OFFUTT,
to me well known to be the person described or who has produced
as identification and who did take an oath and who executed
the foregoing interrogatories, acknowledging before me that he/she executed the same
freely and voluntarily for the purposes therein expressed.
Notary Stamp Notary Public
Printed Notary Signature