Preview
Filing # 172795135 E-Filed 05/09/2023 05:47:05 PM
IN THE CIRCUIT COURT IN AND FOR
JACKSON COUNTY, FLORIDA
CASE NO, 2023-000124-CAAXMX
JESSE MOORE
Plaintiff,
Vv.
FORD MOTOR COMPANY,
Defendant.
/
NOTICE OF SERVICE OF INTERROGATORIES
The Defendant, FORD MOTOR COMPANY, (hereinafter “Ford”) by and through its
undersigned attorneys, serves the following Interrogatories upon the Plaintiff to be answered
within the time and in the manner provided for in Rule 1.340, Fla.R.Civ.P.
a
I HEREBY CE yey that a correct and true copy of the foregoing was sent via
Electronic Mail this day of May, 2023 to: Brent Wikgren, Esq., Krohn & Moss, Ltd, 10 N
Dearborn Street, 3% Floor, Chicago, TL 60602. bwikgren@consumerlawcenter.com;
barcila@consumerlawcenter.com; ngerani@consumerlawcenter.com.
BROMAGEN RATHET
KLEE & SMITH, P.A.
Attorneys for Ford Motor Company
PO BOX 70036
Fort Lauderdale, Florida 33307
ri My
(954) 760-5880
LZ,
7 )
WILLIAM L. BROWAGEN
Florida Bar No. 9
Eservice romagenlaw.com
William@Bromagenlaw.com
Electronically File Jackson Case# 23000124CAAXMX 05/09/2023 04:47:05 PM
NOTE: The "subject vehicle" refers to the Plaintiff's 2018 Ford F150 VIN:
IFTEW1CP6JKF50876.
INTERROGATORIES
1 State the name and address, driver’s license number and social security number of all
persons who answered or aided in answering these Interrogatories.
ANSWER:
2 With respect to the subject vehicle, please state the current mileage on the vehicle and the
date such mileage was noted;
ANSWER:
In regards to the acquisition of the subject vehicle, please state all parties who were
involved in the negotiations and purchase/lease of the vehicle, the portion of the purchase
price, if any, that you financed, the name of the lender, the current balance on that loan,
whether the account is current or past due, and the terms of the loan or lease.
ANSWER:
For each and every complaint, issue, or problem you presently have concerning the
subject vehicle, please state the following from your personal knowledge, in your own
words, without simply referring to the repair orders or your Complaint filed with this
Court: the specific nature of the alleged defect, nonconformity or condition; the date that
you became aware of each alleged defect; the frequency with which the defect, non-
conformity, or condition occurs, any specific driving conditions under which the defect,
non-conformity, or condition occurs; and how it affects the operation or use of the
vehicle.
ANSWER:
Please state the name and address of each and every person or entity that has inspected,
repaired or examined the subject vehicle since the date of purchase, including any non-
authorized Ford repair facilities or technicians. Please include the number of times you
contend the subject vehicle has been taken to an authorized Ford dealership for repairs
and/or service and also the number of times the vehicle was taken to a non-authorized
Ford repair facility. If you refer to the repair orders, please state whether the repair orders
produced are an accurate indication of the number of times the subject vehicle has been
presented to any repair facility for repair(s).
ANSWER:
Please state whether or not the subject vehicle has sustained damage to it, as a result of an
accident or any other type of occurrence, whether in your possession or not, and if so,
describe the circumstances in which the vehicle sustained damages and the nature of the
damages sustained, whether or not an insurance claim was filed, and the name of the
insurance company, or companies, involved in the claim, to the best of your ability or
recollection.
ANSWER:
Have you ever had any communication, whether oral or written, with any representatives
of Ford Motor Company, not including contact with the authorized Ford repair facilities,
concerning the subject vehicle?
ANSWER:
If so, then with respect to each such communication, please state: the name and
address of the person(s) with whom you spoke or corresponded; the date of the
communication; and the substance of each such communication.
ANSWER:
8 Have you ever had any communication, whether oral or written, with any representative
of any of Ford’s independent authorized service facilities concerning the subject vehicle?
ANSWER:
Tf so, then with respect to each such communication, please state: the name and
address of the person(s) with whom you spoke or corresponded; the date of the
communication; and the substance of each such communication.
ANSWER:
Please state the name and address of each and every person who has personal knowledge
of any facts relating to the claims asserted in your Complaint, or of your issues with the
subject vehicle, whom you intend to rely upon at trial.
ANSWER:
10. For each defect or nonconformity alleged by you in this lawsuit, please quantify the total
number of repairs attempted on each defect, nonconformity, or condition and whether
such defect, nonconformity, or condition remains unresolved or continues to be present.
If you refer to any repair records in your response, please indicate whether or not the
repair orders for the subject vehicle are an accurate description of the total number of
repair attempts for the vehicle.
ANSWER:
ll For each defect or nonconformity alleged by you in this lawsuit, please list every
calendar day that you contend the subject vehicle was out of service by repair of each
defect, nonconformity, or condition. Please also identify by name, address and telephone
number the person or entity performing such repairs and the specific out of service days
applicable to each separate defect/nonconformity. If you refer to any repair records in
your response, please indicate whether or not the repair orders for the subject vehicle are
an accurate description of the calendar days the vehicle was out of service.
ANSWER:
12. Please specify the particular section of the Magnuson-Moss Warranty Act which you
contend that Ford violated, and specify in detail the factual basis upon which you contend
Ford violated that Act.
ANSWER:
13 Please specify your understanding of the obligations Ford had under its written warranty
and with which obligations of its written warranty you believe Ford has failed to comply
with and how.
ANSWER:
14 Has the subject vehicle ever been altered, modified (including the addition of any non-
Ford or after-market parts) or vandalized? If your answer is yes, please provide each
such date, the name of the individual or entity altering or modifying the vehicle, and a
specific description of the damage, alteration, or modification.
ANSWER:
15 Separately number, describe and mathematically compute each item or element of any
and all known compensatory, statutory, and any other type of damage or relief you are
claiming in this proceeding including diminution in value and/or cost of repair. Please
total the monetary amount of your damages and state the manner in which you computed
that monetary amount including the difference at the time and place of acceptance
between the value of the vehicle accepted and the value it would have had if it had been
as watranted and the basis for your computation or formula.
ANSWER:
16. Please indicate whether or not you have suffered any incidental or consequential damages
and, if so, the type, amount, and basis for recovery of said damages.
ANSWER:
17 Please indicate whether or not you believe the disclaimer of incidental and consequential
damages contained in Ford’s Limited Express Warranty covering the subject vehicle is
unconscionable and, if so, please describe the factual basis or evidence you intend to
offer in support of the unconscionability of the aforementioned disclaimer.
ANSWER:
18 Please describe in detail how you depreciated, deducted or otherwise treated the subject
vehicle and any financing on it, on your income tax returns. Please summarize and
quantify the numbers for each applicable year.
ANSWER:
10
19 At the time you acquired the subject vehicle; did you receive a copy of Ford’s written
limited express warranty, owner’s manual and maintenance guide? If so, have you read
said documents?
ANSWER:
20. Have you applied for relief with the Board or Better Business Bureau? If yes, please
state the date of your application, the list of complaints outlined on the application, and
the results of your submission including rejection of the claim,
ANSWER:
11
21 Did you submit a claim to the Florida New Motor Vehicle Arbitration Board? If yes,
please state the date you submitted such claim, the date of the hearing, if any, before the
Board, the results of the hearing before the Board and the date you received the final
written decision of the Board.
ANSWER:
22 Please state the name, address, and driver’s license numbers of the primary driver of the
subject vehicle and all other persons who have driven the subject vehicle who are
reasonably known to you.
ANSWER:
12
23 Have you ever attempted to trade or sell the subject vehicle, or considered trading or
selling the subject vehicle? If so please describe the circumstances sutrounding the
consideration or attempts to trade or sell the subject vehicle including: the applicable
dates; any reseatch done as to the vehicle’s value; the identity of any dealership,
individual or entity which appraised or inspected the subject vehicle; any value or
appraisal information for the subject vehicle that you received, reviewed, or that was
presented to you during the process (including the sources of the information); and why
you ultimately decided not to trade or sell the subject vehicle.
ANSWER:
13
By:
JESSE MOORE
STATE OF FLORIDA )
) 88:
COUNTY OF )
BEFORE ME, the undersigned authority, personally appeared
, this day and he/she acknowledged to and before me that
he/she executed the same for the purposes therein expressed.
WITNESS my hand and seal in the County and State last aforesaid this day
of, 20,
(Gignature of Notary Public, State of Florida)
@rint, Type, or Stamp Commissioned Name of Notary Public)
Personally Known OR Produced Identification
Type of Identification Produced:
14
Preview
Filing # 172795135 E-Filed 05/09/2023 05:47:05 PM IN THE CIRCUIT COURT IN AND FOR JACKSON COUNTY, FLORIDA CASE NO, 2023-000124-CAAXMX JESSE MOORE Plaintiff, Vv. FORD MOTOR COMPANY, Defendant. / NOTICE OF SERVICE OF INTERROGATORIES The Defendant, FORD MOTOR COMPANY, (hereinafter “Ford”) by and through its undersigned attorneys, serves the following Interrogatories upon the Plaintiff to be answered within the time and in the manner provided for in Rule 1.340, Fla.R.Civ.P. a I HEREBY CE yey that a correct and true copy of the foregoing was sent via Electronic Mail this day of May, 2023 to: Brent Wikgren, Esq., Krohn & Moss, Ltd, 10 N Dearborn Street, 3% Floor, Chicago, TL 60602. bwikgren@consumerlawcenter.com; barcila@consumerlawcenter.com; ngerani@consumerlawcenter.com. BROMAGEN RATHET KLEE & SMITH, P.A. Attorneys for Ford Motor Company PO BOX 70036 Fort Lauderdale, Florida 33307 ri My (954) 760-5880 LZ, 7 ) WILLIAM L. BROWAGEN Florida Bar No. 9 Eservice romagenlaw.com William@Bromagenlaw.com Electronically File Jackson Case# 23000124CAAXMX 05/09/2023 04:47:05 PM NOTE: The "subject vehicle" refers to the Plaintiff's 2018 Ford F150 VIN: IFTEW1CP6JKF50876. INTERROGATORIES 1 State the name and address, driver’s license number and social security number of all persons who answered or aided in answering these Interrogatories. ANSWER: 2 With respect to the subject vehicle, please state the current mileage on the vehicle and the date such mileage was noted; ANSWER: In regards to the acquisition of the subject vehicle, please state all parties who were involved in the negotiations and purchase/lease of the vehicle, the portion of the purchase price, if any, that you financed, the name of the lender, the current balance on that loan, whether the account is current or past due, and the terms of the loan or lease. ANSWER: For each and every complaint, issue, or problem you presently have concerning the subject vehicle, please state the following from your personal knowledge, in your own words, without simply referring to the repair orders or your Complaint filed with this Court: the specific nature of the alleged defect, nonconformity or condition; the date that you became aware of each alleged defect; the frequency with which the defect, non- conformity, or condition occurs, any specific driving conditions under which the defect, non-conformity, or condition occurs; and how it affects the operation or use of the vehicle. ANSWER: Please state the name and address of each and every person or entity that has inspected, repaired or examined the subject vehicle since the date of purchase, including any non- authorized Ford repair facilities or technicians. Please include the number of times you contend the subject vehicle has been taken to an authorized Ford dealership for repairs and/or service and also the number of times the vehicle was taken to a non-authorized Ford repair facility. If you refer to the repair orders, please state whether the repair orders produced are an accurate indication of the number of times the subject vehicle has been presented to any repair facility for repair(s). ANSWER: Please state whether or not the subject vehicle has sustained damage to it, as a result of an accident or any other type of occurrence, whether in your possession or not, and if so, describe the circumstances in which the vehicle sustained damages and the nature of the damages sustained, whether or not an insurance claim was filed, and the name of the insurance company, or companies, involved in the claim, to the best of your ability or recollection. ANSWER: Have you ever had any communication, whether oral or written, with any representatives of Ford Motor Company, not including contact with the authorized Ford repair facilities, concerning the subject vehicle? ANSWER: If so, then with respect to each such communication, please state: the name and address of the person(s) with whom you spoke or corresponded; the date of the communication; and the substance of each such communication. ANSWER: 8 Have you ever had any communication, whether oral or written, with any representative of any of Ford’s independent authorized service facilities concerning the subject vehicle? ANSWER: Tf so, then with respect to each such communication, please state: the name and address of the person(s) with whom you spoke or corresponded; the date of the communication; and the substance of each such communication. ANSWER: Please state the name and address of each and every person who has personal knowledge of any facts relating to the claims asserted in your Complaint, or of your issues with the subject vehicle, whom you intend to rely upon at trial. ANSWER: 10. For each defect or nonconformity alleged by you in this lawsuit, please quantify the total number of repairs attempted on each defect, nonconformity, or condition and whether such defect, nonconformity, or condition remains unresolved or continues to be present. If you refer to any repair records in your response, please indicate whether or not the repair orders for the subject vehicle are an accurate description of the total number of repair attempts for the vehicle. ANSWER: ll For each defect or nonconformity alleged by you in this lawsuit, please list every calendar day that you contend the subject vehicle was out of service by repair of each defect, nonconformity, or condition. Please also identify by name, address and telephone number the person or entity performing such repairs and the specific out of service days applicable to each separate defect/nonconformity. If you refer to any repair records in your response, please indicate whether or not the repair orders for the subject vehicle are an accurate description of the calendar days the vehicle was out of service. ANSWER: 12. Please specify the particular section of the Magnuson-Moss Warranty Act which you contend that Ford violated, and specify in detail the factual basis upon which you contend Ford violated that Act. ANSWER: 13 Please specify your understanding of the obligations Ford had under its written warranty and with which obligations of its written warranty you believe Ford has failed to comply with and how. ANSWER: 14 Has the subject vehicle ever been altered, modified (including the addition of any non- Ford or after-market parts) or vandalized? If your answer is yes, please provide each such date, the name of the individual or entity altering or modifying the vehicle, and a specific description of the damage, alteration, or modification. ANSWER: 15 Separately number, describe and mathematically compute each item or element of any and all known compensatory, statutory, and any other type of damage or relief you are claiming in this proceeding including diminution in value and/or cost of repair. Please total the monetary amount of your damages and state the manner in which you computed that monetary amount including the difference at the time and place of acceptance between the value of the vehicle accepted and the value it would have had if it had been as watranted and the basis for your computation or formula. ANSWER: 16. Please indicate whether or not you have suffered any incidental or consequential damages and, if so, the type, amount, and basis for recovery of said damages. ANSWER: 17 Please indicate whether or not you believe the disclaimer of incidental and consequential damages contained in Ford’s Limited Express Warranty covering the subject vehicle is unconscionable and, if so, please describe the factual basis or evidence you intend to offer in support of the unconscionability of the aforementioned disclaimer. ANSWER: 18 Please describe in detail how you depreciated, deducted or otherwise treated the subject vehicle and any financing on it, on your income tax returns. Please summarize and quantify the numbers for each applicable year. ANSWER: 10 19 At the time you acquired the subject vehicle; did you receive a copy of Ford’s written limited express warranty, owner’s manual and maintenance guide? If so, have you read said documents? ANSWER: 20. Have you applied for relief with the Board or Better Business Bureau? If yes, please state the date of your application, the list of complaints outlined on the application, and the results of your submission including rejection of the claim, ANSWER: 11 21 Did you submit a claim to the Florida New Motor Vehicle Arbitration Board? If yes, please state the date you submitted such claim, the date of the hearing, if any, before the Board, the results of the hearing before the Board and the date you received the final written decision of the Board. ANSWER: 22 Please state the name, address, and driver’s license numbers of the primary driver of the subject vehicle and all other persons who have driven the subject vehicle who are reasonably known to you. ANSWER: 12 23 Have you ever attempted to trade or sell the subject vehicle, or considered trading or selling the subject vehicle? If so please describe the circumstances sutrounding the consideration or attempts to trade or sell the subject vehicle including: the applicable dates; any reseatch done as to the vehicle’s value; the identity of any dealership, individual or entity which appraised or inspected the subject vehicle; any value or appraisal information for the subject vehicle that you received, reviewed, or that was presented to you during the process (including the sources of the information); and why you ultimately decided not to trade or sell the subject vehicle. ANSWER: 13 By: JESSE MOORE STATE OF FLORIDA ) ) 88: COUNTY OF ) BEFORE ME, the undersigned authority, personally appeared , this day and he/she acknowledged to and before me that he/she executed the same for the purposes therein expressed. WITNESS my hand and seal in the County and State last aforesaid this day of, 20, (Gignature of Notary Public, State of Florida) @rint, Type, or Stamp Commissioned Name of Notary Public) Personally Known OR Produced Identification Type of Identification Produced: 14