Preview
Case Number:23-000452-CI
Filing # 165725158 E-Filed 01/30/2023 01:35:32 PM
***ELECTRONICALLY FILED 01/30/2023 01:35:31 PM: KEN BURKE, CLERK OF THE CIRCUIT COURT, PINELLAS COUNTY***
IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT
IN AND FOR PINELLAS COUNTY, FLORIDA
CIVIL DIVISION
AARON MCKINNEY,
Plaintiff,
Vs.
MICHELE BOELZNER,
Defendant.
PLAINTIFF’S FIRST SET OF INTERROGATORIES TO
DEFENDANT MICHELE BOELZNER
Plaintiff, AARON MCKINNEY, by and through the undersigned
attorney, pursuant to Rule 1.340, Fla.R.Civ.P., hereby propound
a first set of interrogatories, numbered l through 25, to be
answered. in_ writing, under oath, within forty-five (45) days
pursuant to the applicable rules of civil procedure.
If the space provided for answers is insufficient, you may
complete your answers on the attached addendum, clearly
identifying that portion of the interrogatory to which the
attachment applies.
The terms "You", "Your", "Yourself", refer to the named
defendant, its agents, employees and/or representatives.
If these interrogatories are answered by a corporate
representative and the interrogatory deals with the conduct of a
tortfeasor, then the corporate representative should respond as
to his/her knowledge with respect to such tortfeasor.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the
foregoing document and attachments has been served upon
Defendant along with the Complaint and Summons.
TIMOTHY G. ANDERSON, P.A
BY:
TIMOTHYy
Florida
‘7me .
Bar
ANDERSON,
No 14122
JR. ESQUIRE
ROBERT POLLICK, ESQUIRE
Florida Bar No.: 104803
213 South Brevard Avenue
Tampa, FL 33606
Phone: (813)251—0072
Fax: (813)254—9285
Email: service@tgalaw.com
Secondary Email: amanda@tgalaw.com
Attorney for Plaintiff
INTERROGATORIES TO DEFENDANT , MICHELE BOELZNER
l. What is the name and address of the person answering
these interrogatories, 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. List the names, business addresses, date of
employment, and rate of pay regarding all employers, including
self-employment, for whom you have worked in the past ten(10)
years.
4. Have you ever been convicted of a crime, other than
any juvenile adjudication, which under the law under which you
were convicted punishable was 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.
5. Describe any and all policies of insurance which you
contend cover or may cover you from the allegations set forth in
the plaintiff's 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.
6. Describe in detail how the incident described in the
complaint happened, including all actions taken by you to
prevent the incident.
7. 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.
8. State the facts upon which you rely for each
affirmative defense in your answer.
9. 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 your contention is
based, and whether or not you have notified each such person or
entity of your contention.
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 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?
11. List the names and address 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.
12. 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 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.
l3. State the name and address of any 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.
l4. 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.
15. 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.
l6. 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.
17. Do you wear glasses, contact lenses or hearing aids?
If so, who prescribed them, where were they prescribed, when
were your eyes or ears last examined, and what is the name and
address of the examiner?
18. 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?
19. 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.
20. 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.
21. List the name and address 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.
22. 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.
23. 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 any employer?
If so, state the name and address of that person or entity and
the nature of the mission or activity.
24. 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?
25. Did you own a cellular telephone at the time of this
accident? If yes, please provide (a) the name of your cellular
telephone provider, (b) the phone number of your cellular
telephone. And if you will do so without a request for
production provide the billing for your cellular telephone that
covers the time frame of this accident which is the subject of
this cause of action.
Defendant
STATE OF
COUNTY OF
BEFORE ME, the undersigned authority, personally appeared,
, who, after being first
duly sworn, deposes and says that he/she has answered the
foregoing Interrogatories #1 — #25, and that the information is
true and correct to the best of his/her knowledge and belief.
NOTARY PUBLIC
MY COMMISSION EXPIRES:
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the
foregoing has been furnished by U.S. Mail this day
Of 1, 2023 to TIMOTHY G. ANDERSON, ESQUIRE, 213 South Brevard
Avenue, Tampa, Florida 33606, attorney for Plaintiffs.
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Case Number:23-000452-CI Filing # 165725158 E-Filed 01/30/2023 01:35:32 PM ***ELECTRONICALLY FILED 01/30/2023 01:35:31 PM: KEN BURKE, CLERK OF THE CIRCUIT COURT, PINELLAS COUNTY*** IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT IN AND FOR PINELLAS COUNTY, FLORIDA CIVIL DIVISION AARON MCKINNEY, Plaintiff, Vs. MICHELE BOELZNER, Defendant. PLAINTIFF’S FIRST SET OF INTERROGATORIES TO DEFENDANT MICHELE BOELZNER Plaintiff, AARON MCKINNEY, by and through the undersigned attorney, pursuant to Rule 1.340, Fla.R.Civ.P., hereby propound a first set of interrogatories, numbered l through 25, to be answered. in_ writing, under oath, within forty-five (45) days pursuant to the applicable rules of civil procedure. If the space provided for answers is insufficient, you may complete your answers on the attached addendum, clearly identifying that portion of the interrogatory to which the attachment applies. The terms "You", "Your", "Yourself", refer to the named defendant, its agents, employees and/or representatives. If these interrogatories are answered by a corporate representative and the interrogatory deals with the conduct of a tortfeasor, then the corporate representative should respond as to his/her knowledge with respect to such tortfeasor. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing document and attachments has been served upon Defendant along with the Complaint and Summons. TIMOTHY G. ANDERSON, P.A BY: TIMOTHYy Florida ‘7me . Bar ANDERSON, No 14122 JR. ESQUIRE ROBERT POLLICK, ESQUIRE Florida Bar No.: 104803 213 South Brevard Avenue Tampa, FL 33606 Phone: (813)251—0072 Fax: (813)254—9285 Email: service@tgalaw.com Secondary Email: amanda@tgalaw.com Attorney for Plaintiff INTERROGATORIES TO DEFENDANT , MICHELE BOELZNER l. What is the name and address of the person answering these interrogatories, 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. List the names, business addresses, date of employment, and rate of pay regarding all employers, including self-employment, for whom you have worked in the past ten(10) years. 4. Have you ever been convicted of a crime, other than any juvenile adjudication, which under the law under which you were convicted punishable was 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. 5. Describe any and all policies of insurance which you contend cover or may cover you from the allegations set forth in the plaintiff's 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. 6. Describe in detail how the incident described in the complaint happened, including all actions taken by you to prevent the incident. 7. 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. 8. State the facts upon which you rely for each affirmative defense in your answer. 9. 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 your contention is based, and whether or not you have notified each such person or entity of your contention. 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 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? 11. List the names and address 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. 12. 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 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. l3. State the name and address of any 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. l4. 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. 15. 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. l6. 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. 17. Do you wear glasses, contact lenses or hearing aids? If so, who prescribed them, where were they prescribed, when were your eyes or ears last examined, and what is the name and address of the examiner? 18. 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? 19. 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. 20. 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. 21. List the name and address 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. 22. 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. 23. 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 any employer? If so, state the name and address of that person or entity and the nature of the mission or activity. 24. 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? 25. Did you own a cellular telephone at the time of this accident? If yes, please provide (a) the name of your cellular telephone provider, (b) the phone number of your cellular telephone. And if you will do so without a request for production provide the billing for your cellular telephone that covers the time frame of this accident which is the subject of this cause of action. Defendant STATE OF COUNTY OF BEFORE ME, the undersigned authority, personally appeared, , who, after being first duly sworn, deposes and says that he/she has answered the foregoing Interrogatories #1 — #25, and that the information is true and correct to the best of his/her knowledge and belief. NOTARY PUBLIC MY COMMISSION EXPIRES: CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by U.S. Mail this day Of 1, 2023 to TIMOTHY G. ANDERSON, ESQUIRE, 213 South Brevard Avenue, Tampa, Florida 33606, attorney for Plaintiffs.