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FILED: WASHINGTON COUNTY CLERK 10/08/2021 09:40 AM INDEX NO. EC2021-33255
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 10/08/2021
STATE OF NEW YORK
SUPREME COURT COUNTY OF WASHINGTON
RYAN C. BAKEMEIER,
ASHLEY BAKEMEIER,
MATTHEW J. TOUCHETTE, DEMAND FOR A VERIFIED
and TIFF ANY TOUCHETTE, BILL OF PARTICULARS
Plaintiffs,
Index No.: EC2021-33255
-against-
KENNETH A. HEDDEN, SR.,
Defendant.
YOU WILL PLEASE TAKE NOTICE that the undersigned hereby demands that you
serve upon us within thirty (30) days a Verified Bill of Particulars of plaintiffs' claims for
damages set forth in the Verified Complaint showing:
1. Address and date of birth of each plaintiff.
2. The date and approximate time of day of each occurrence complained of in this
action.
3. The approximate location where each occurrence took place.
4. Please describe all injuries, ailments, disabilities and pains which you claim to
have suffered as a result of the alleged negligence of the answering defendant and every sequelae
of each said injury, ailment, disability and pain.
5. With respect to each said injury, ailment, disability and pain, state:
(a) Its severity;
(b) Its location;
(c) The date and time when each first manifested itself; and
(d) If permanency is claimed.
6. State the length oftime the plaintiff(s) was:
(a) totally disabled;
(b) partially disabled;
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(c) confined to the hospital;
(d) confined to bed;
(e) confined to house; and
(f) incapacitated from employment.
7. State whether you had ever suffered from any such injury, ailment, disability or
pain prior to the alleged negligence of the answering defendant and, if so, state:
(a) the date or dates of the prior occurrence of said injury, ailment, disability or
pain; and
(b) if you received examination, treatment or care regarding these, state the
name and address of the treatment and/or care provider and the date or
dates when said services were rendered.
8. Please state each and every date of any examination, treatment or care which
plaintiffs received from any doctor, physician, medical practitioner, hospital, clinic or other
institution for any injury, ailment or disability which you claim was suffered or sustained as a
result of the alleged negligence and/or medical malpractice of the answering defendant, setting
forth in detail as to each such date of examination, treatment or care:
(a) The name and address of each such doctor, physician, practitioner, hospital,
clinic or institution;
(b) The nature and extent of the examination, treatment or care received in
each such hospital, clinic, or institution, or from each such doctor,
physician or practitioner;
(c) The inclusive dates of any period of confinement, with respect to any such
examination, treatment or care, at any hospital, clinic, institution or other
place, including home; and
(d) The amount of any charge made to you or to any other person or
organization for the account of any such person, by each such doctor,
physician, practitioner, hospital, clinic or institution, fully itemized as
indicated in any bill rendered therefor.
9. State the total amount claimed as special damages for loss of earnings, further
specifying the plaintiffs:
(a) Business and/or occupation;
(b) N arne and address of employer;
(c) Amount of wages and/or salary per day, week, or month; and
(d) Length of time plaintiff was prevented from performing said business
and/or occupation, further specifying the date that plaintiff returned to
work.
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10. Please identify and detail any other special damages being claimed by the plaintiffs
as a result of the alleged negligence of the answering defendant.
11. A statement of what expenses will be incurred in the future in an attempt to cure
the injuries alleged to have been received by the plaintiffs.
12. Specify the particular sections of the (a) laws, (b) statutes, (c) ordinances, (d) rules
and (e) regulations which the plaintiffs will claim the answering defendant violated and in what
respects.
13. Each and every act of alleged negligence, either of omission or commission, for
which the plaintiffs contend the answering defendant was responsible.
14. With respect to plaintiffs' claims for loss of consortium, please state whether
plaintiffs claim:
(a) Loss of companionship of spouse;
(b) Loss of society of spouse;
(c) Loss of affection of spouse;
(d) Loss of services of spouse regarding domestic work;
(e) Loss of other services of spouse and identify these services; and
(f) Loss of sexual enjoyment with spouse.
15. With respect to each of the items of loss claimed in response to the preceding
demand, please give the following information:
(a) The length of time claimed for each said loss, giving the inclusive dates of
said loss;
(b) Whether said loss is claimed to be permanent; and
(c) The damages claimed for each said loss.
16. If the plaintiffs claim a loss of the earning capacity of his/her spouse, state:
(a) The business and/or occupation of the spouse on the date ofthe occurrence;
(b) The name and address of the employer of the spouse;
(c) The amount of wages and/or salary per day, week or month;
(d) The length of time plaintiffs spouse was prevented from performing said
business and/or occupation, further specifying the date that plaintiff(s)
spouse returned to work; and
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(e) Total earnings lost.
17. A detailed statement, item by item, of the sum or sums of money which plaintiff(s)
was obliged or will be obliged to expend for physician, practitioner, hospital, clinic or institution,
drugs and medicine and prosthetic devices as a result of the injuries allegedly sustained by the
plaintiffs spouse.
18. Please identify and detail any other special damages being claimed by the plaintiffs
as a result of the alleged injuries sustained by the plaintiffs spouse.
19. List and specify each and every injury which is claimed to be a "serious injury"
under Section 5102(d) of the New York Insurance Law.
20. Specify exactly how the plaintiffs claim to have sustained or will sustain economic
loss greater than basic economic loss as defined in Section 5102(a) of the New York Insurance
Law.
21. If the plaintiffs claim to have suffered a "serious injury" under Section 51 02(d) of
the New York Insurance Law, state whether it is claimed that said "serious injury" is a personal
injury (a) which resulted in death, (b) dismemberment, (c) significant disfigurement, (d) a
fracture, (e) permanent loss of use of a body organ, member, function or system, (f) permanent
consequential limitation of use of a body organ or member, (g) a significant limitation of use of a
body function or system, and (h) a medically determined injury or impairment of a non-permanent
nature which prevents the injured person from performing substantially all of the material acts
which constitute such persons' usual and customary daily activities for not less than ninety days
during the one hundred eighty days immediately following the occurrence of the injury or
impairment.
22. With respect to the above demand and where applicable, please state: (a) the
nature and location of any disfigurement claimed; (b) the type and location of any fracture
claimed; (c) the permanent consequential limitation of use of a body organ or member; (d) the
body organ, member, function or system which has sustained a permanent loss of use as claimed;
and (e) the period of time that the medically determined injury or impairment of a non-permanent
nature prevented plaintiff(s) from performing substantially all the material acts which constituted
the plaintiff(s) usual and customary daily activity; (f) the significant limitation of use of a body
function or system involved.
PLEASE TAKE FURTHER NOTICE, that this shall be deemed a continuing demand
up to and including the time of trial of this matter. The defendant will object to the attempt to
introduce into evidence any of the information requested above which has not been furnished to
the defendant in response to this demand.
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FILED: WASHINGTON COUNTY CLERK 10/08/2021 09:40 AM INDEX NO. EC2021-33255
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 10/08/2021
Dated: October 8, 2021
Yours, etc.,
MAYNARD, O'CONNOR, SMITH
& CATALINOTTO, LLP
2~&
Robert A. Raus~
Attorneys for Defendant
6 Tower Place
Albany, New York 12203
(518) 465-3553
rausch@moscllp.com
TO : IANNIELLO ANDERSON, P.C.
Jeanne M. Gonsalves Lloyd, Esq.
Attorneys for Plaintiffs
805 Route 146
Clifton Park, New York 12065
(518) 371-8888
j lloyd@ friedmanhi.rschen. com
{MHIT3507J)______
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FILED: WASHINGTON COUNTY CLERK 10/08/2021 09:40 AM INDEX NO. EC2021-33255 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 10/08/2021 STATE OF NEW YORK SUPREME COURT COUNTY OF WASHINGTON RYAN C. BAKEMEIER, ASHLEY BAKEMEIER, MATTHEW J. TOUCHETTE, DEMAND FOR A VERIFIED and TIFF ANY TOUCHETTE, BILL OF PARTICULARS Plaintiffs, Index No.: EC2021-33255 -against- KENNETH A. HEDDEN, SR., Defendant. YOU WILL PLEASE TAKE NOTICE that the undersigned hereby demands that you serve upon us within thirty (30) days a Verified Bill of Particulars of plaintiffs' claims for damages set forth in the Verified Complaint showing: 1. Address and date of birth of each plaintiff. 2. The date and approximate time of day of each occurrence complained of in this action. 3. The approximate location where each occurrence took place. 4. Please describe all injuries, ailments, disabilities and pains which you claim to have suffered as a result of the alleged negligence of the answering defendant and every sequelae of each said injury, ailment, disability and pain. 5. With respect to each said injury, ailment, disability and pain, state: (a) Its severity; (b) Its location; (c) The date and time when each first manifested itself; and (d) If permanency is claimed. 6. State the length oftime the plaintiff(s) was: (a) totally disabled; (b) partially disabled; {M l033507 I} 1 of 5 FILED: WASHINGTON COUNTY CLERK 10/08/2021 09:40 AM INDEX NO. EC2021-33255 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 10/08/2021 (c) confined to the hospital; (d) confined to bed; (e) confined to house; and (f) incapacitated from employment. 7. State whether you had ever suffered from any such injury, ailment, disability or pain prior to the alleged negligence of the answering defendant and, if so, state: (a) the date or dates of the prior occurrence of said injury, ailment, disability or pain; and (b) if you received examination, treatment or care regarding these, state the name and address of the treatment and/or care provider and the date or dates when said services were rendered. 8. Please state each and every date of any examination, treatment or care which plaintiffs received from any doctor, physician, medical practitioner, hospital, clinic or other institution for any injury, ailment or disability which you claim was suffered or sustained as a result of the alleged negligence and/or medical malpractice of the answering defendant, setting forth in detail as to each such date of examination, treatment or care: (a) The name and address of each such doctor, physician, practitioner, hospital, clinic or institution; (b) The nature and extent of the examination, treatment or care received in each such hospital, clinic, or institution, or from each such doctor, physician or practitioner; (c) The inclusive dates of any period of confinement, with respect to any such examination, treatment or care, at any hospital, clinic, institution or other place, including home; and (d) The amount of any charge made to you or to any other person or organization for the account of any such person, by each such doctor, physician, practitioner, hospital, clinic or institution, fully itemized as indicated in any bill rendered therefor. 9. State the total amount claimed as special damages for loss of earnings, further specifying the plaintiffs: (a) Business and/or occupation; (b) N arne and address of employer; (c) Amount of wages and/or salary per day, week, or month; and (d) Length of time plaintiff was prevented from performing said business and/or occupation, further specifying the date that plaintiff returned to work. {MI 033507 .I } 2 2 of 5 FILED: WASHINGTON COUNTY CLERK 10/08/2021 09:40 AM INDEX NO. EC2021-33255 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 10/08/2021 10. Please identify and detail any other special damages being claimed by the plaintiffs as a result of the alleged negligence of the answering defendant. 11. A statement of what expenses will be incurred in the future in an attempt to cure the injuries alleged to have been received by the plaintiffs. 12. Specify the particular sections of the (a) laws, (b) statutes, (c) ordinances, (d) rules and (e) regulations which the plaintiffs will claim the answering defendant violated and in what respects. 13. Each and every act of alleged negligence, either of omission or commission, for which the plaintiffs contend the answering defendant was responsible. 14. With respect to plaintiffs' claims for loss of consortium, please state whether plaintiffs claim: (a) Loss of companionship of spouse; (b) Loss of society of spouse; (c) Loss of affection of spouse; (d) Loss of services of spouse regarding domestic work; (e) Loss of other services of spouse and identify these services; and (f) Loss of sexual enjoyment with spouse. 15. With respect to each of the items of loss claimed in response to the preceding demand, please give the following information: (a) The length of time claimed for each said loss, giving the inclusive dates of said loss; (b) Whether said loss is claimed to be permanent; and (c) The damages claimed for each said loss. 16. If the plaintiffs claim a loss of the earning capacity of his/her spouse, state: (a) The business and/or occupation of the spouse on the date ofthe occurrence; (b) The name and address of the employer of the spouse; (c) The amount of wages and/or salary per day, week or month; (d) The length of time plaintiffs spouse was prevented from performing said business and/or occupation, further specifying the date that plaintiff(s) spouse returned to work; and {M1033507.1} 3 3 of 5 FILED: WASHINGTON COUNTY CLERK 10/08/2021 09:40 AM INDEX NO. EC2021-33255 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 10/08/2021 (e) Total earnings lost. 17. A detailed statement, item by item, of the sum or sums of money which plaintiff(s) was obliged or will be obliged to expend for physician, practitioner, hospital, clinic or institution, drugs and medicine and prosthetic devices as a result of the injuries allegedly sustained by the plaintiffs spouse. 18. Please identify and detail any other special damages being claimed by the plaintiffs as a result of the alleged injuries sustained by the plaintiffs spouse. 19. List and specify each and every injury which is claimed to be a "serious injury" under Section 5102(d) of the New York Insurance Law. 20. Specify exactly how the plaintiffs claim to have sustained or will sustain economic loss greater than basic economic loss as defined in Section 5102(a) of the New York Insurance Law. 21. If the plaintiffs claim to have suffered a "serious injury" under Section 51 02(d) of the New York Insurance Law, state whether it is claimed that said "serious injury" is a personal injury (a) which resulted in death, (b) dismemberment, (c) significant disfigurement, (d) a fracture, (e) permanent loss of use of a body organ, member, function or system, (f) permanent consequential limitation of use of a body organ or member, (g) a significant limitation of use of a body function or system, and (h) a medically determined injury or impairment of a non-permanent nature which prevents the injured person from performing substantially all of the material acts which constitute such persons' usual and customary daily activities for not less than ninety days during the one hundred eighty days immediately following the occurrence of the injury or impairment. 22. With respect to the above demand and where applicable, please state: (a) the nature and location of any disfigurement claimed; (b) the type and location of any fracture claimed; (c) the permanent consequential limitation of use of a body organ or member; (d) the body organ, member, function or system which has sustained a permanent loss of use as claimed; and (e) the period of time that the medically determined injury or impairment of a non-permanent nature prevented plaintiff(s) from performing substantially all the material acts which constituted the plaintiff(s) usual and customary daily activity; (f) the significant limitation of use of a body function or system involved. PLEASE TAKE FURTHER NOTICE, that this shall be deemed a continuing demand up to and including the time of trial of this matter. The defendant will object to the attempt to introduce into evidence any of the information requested above which has not been furnished to the defendant in response to this demand. {Ml033507.1} 4 4 of 5 FILED: WASHINGTON COUNTY CLERK 10/08/2021 09:40 AM INDEX NO. EC2021-33255 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 10/08/2021 Dated: October 8, 2021 Yours, etc., MAYNARD, O'CONNOR, SMITH & CATALINOTTO, LLP 2~& Robert A. Raus~ Attorneys for Defendant 6 Tower Place Albany, New York 12203 (518) 465-3553 rausch@moscllp.com TO : IANNIELLO ANDERSON, P.C. Jeanne M. Gonsalves Lloyd, Esq. Attorneys for Plaintiffs 805 Route 146 Clifton Park, New York 12065 (518) 371-8888 j lloyd@ friedmanhi.rschen. com {MHIT3507J)______ 5 5 of 5