Motion to Compel Discovery in ERLICHMAN v. THE CORPORATION OF HAVERFORD COLLEGE| Trellis.Law

On March 18, 2020 a Party Discovery was filed involving a dispute between Erlichman, Eileen, and The Corporation Of Haverford College, for Civil - Tort - Premises Liability in the District Court of Delaware County.

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EILEEN ERLICHMAN IN THE COURT OF COMMON PLEAS
OF DELAWARE COUNTY
V.
CIVIL ACTION
THE CORPORATION OF
HAVERFORD COLLEGE NO. CV-2020-002620

ORDER

AND NOW this day of , 2020, upon consideration of Haverford

College’s Motion to Compel Responses to Interrogatories Directed to Plaintiff (First Set) and

Requests for Production of Documents Directed to Plaintiff (First Set), and the response thereto,

if any, it is hereby ORDERED and DECREED that the Motion is GRANTED.

Plaintiff, Eileen Erlichman, is to provide full and complete answers within twenty (20)

days to Defendant Haverford College’s Interrogatories Directed to Plaintiff (First Set) and Request

for Production of Documents Directed to Plaintiff (First Set) along with legible copies of all

responsive documents.

BY THE COURT:
BREHM NOFER & McCARTER, P.C
By: Jonathan K. Hollin, Esquire
Attorney LD. No. 36660
Madison C. Bierley, Esquire
Attorney I.D. No. 326255
161 Washington Street, Suite 1450
Conshohocken, PA 19428
Ph: 610-234-5252 Attorneys for Defendant,
jhollin@bnm.law Haverford College
mbierley@bnm.law

EILEEN ERLICHMAN IN THE COURT OF COMMON PLEAS
OF DELAWARE COUNTY
V.
CIVIL ACTION
THE CORPORATION OF
HAVERFORD COLLEGE NO. CV-2020-002620

HAVERFORD COLLEGE’S MOTION TO COMPEL ANSWERS TO
INTERROGATORIES TO PLAINTIFF (FIRST SET) AND RESPONSES TO REQUEST
FOR PRODUCTION OF DOCUMENTS TO PLAINTIFF (FIRST SET)

Defendant, Haverford College, files this Motion to Compel Plaintiff, Eileen Erlichman, to

provide full and complete answers to Haverford College’s Interrogatories directed to Plaintiff

(First Set) and Request for Production of Documents Directed to Plaintiff (First Set) and avers as

follows in support thereof:

1 Movant is Haverford College, Defendant herein (“Haverford”).

2 Respondent is Plaintiff, Eileen Erlichman (“Plaintiff”).

3 On March 18, 2020, Plaintiff filed a trip and fall premises liability Complaint

against Haverford alleging that on April 22, 2018 she tripped on a walkway connecting the visitor’s

parking lot after walking on the nature trail on Haverford’s Campus.

4 On August 25, 2020, Haverford served Plaintiff with Haverford’s Interrogatories

Directs to Plaintiff (First Set) together with Haverford’s Request for Production of Documents
Directed to Plaintiff (First Set) (collectively, “Discovery Requests”). A true and correct copy of

the Discovery Requests is attached hereto as Exhibit “A”.

5 Pursuant to Pa. R.Civ.P. 4006 (a) (2), Haverford was entitled to full and complete

answers to its Interrogatories within thirty (30) days of service.

6. Pursuant to Pa. R.Civ.P. 4009, Haverford was entitled to full and complete answers

to its Document Requests within 30 days of service.
7
Pursuant to the Rules of Civil Procedure, Plaintiff's Answers and Responses to the

Discovery Requests were due on or before September 24, 2020.

8 On October 12, 2020, Haverford’s counsel wrote to Plaintiffs counsel asking for

the Answers and Responses to the Discovery Requests. A true and correct copy of the letter is

attached hereto as Exhibit “B”.

9 There was no response to the October 12, 2020 letter.

10. On October 20, 2020, Haverford’s counsel again wrote to Plaintiff's counsel

requesting Answers and Responses to the Discovery Requests. A true and correct copy of the letter

is attached hereto as Exhibit “C”.

11. There was no response to the October 20, 2020 letter and Plaintiff has yet to answer

the Discovery Requests.

12. The Discovery Requests were in all respects proper and Plaintiff's counsel did not

seek an extension of time within which to respond.

13. Pursuant to Pa. R.Civ.P. 4019(a)(1) the Court may, on motion, make an appropriate

order if “(viii) a party or person otherwise fails to make discovery or to obey an order of court

respecting discovery.”

14. Haverford will be prejudiced in its ability to prepare a defense in this matter without
Plaintiff's full and complete answers and responses to the Discovery Requests.

WHEREFORE, Defendant, Haverford College, respectfully requests that this Honorable

Court enter an Order directing Plaintiff, Eileen Erlichman, to provide full and complete answers

within twenty (20) days to Defendant Haverford College’s Interrogatories Directed to Plaintiff

(First Set) and Request for Production of Documents Directed to Plaintiff (First Set) along with

legible copies of all responsive documents, and grant Defendant such other relief as deemed

appropriate by the Court.

BREHM NOFER & McCARTER, P.C.

By Jonathan.K. Hollin.
Jonathan K. Hollin, Esquire
Madison Bierley, Esquire
Attorneys for Defendant,
Haverford College

Dated: October 29, 2020
BREHM NOFER & McCARTER, P.C.
By: Jonathan K. Hollin, Esquire
Attorney LD. No. 36660
Madison C. Bierley, Esquire
Attorney I.D. No. 326255
161 Washington Street, Suite 1450
Conshohocken, PA 19428
Ph: 610-234-5252 Attorneys for Defendant,
jhollin@bnm.law Haverford College
mbierley@bnm.law

EILEEN ERLICHMAN IN THE COURT OF COMMON PLEAS
OF DELAWARE COUNTY
V.
CIVIL ACTION
THE CORPORATION OF
HAVERFORD COLLEGE NO. CV-2020-002620

ATTORNEY CERTIFICATION OF GOOD FAITH
PURSUANT TO DELCO.CTV.R. 208.2

Thereby certify that we have attempted to communicate with Plaintiffs’ counsel in an effort

to resolve this discovery dispute as set forth within the attached Motion, and despite these good

faith attempts to resolve the dispute, we have been unable to do so.

BREHM NOFER & McCARTER, P.C.

By Jonathan K. Hollin
Jonathan K. Hollin, Esquire
Madison Bierley, Esquire
Attorneys for Defendant,
Haverford College

EILEEN ERLICHMAN IN THE COURT OF COMMON PLEAS
OF DELAWARE COUNTY
V.
CIVIL ACTION
THE CORPORATION OF
HAVERFORD COLLEGE NO. CV-2020-002620

CERTIFICATE OF SERVICE

The undersigned hereby certifies that a true and correct copy of the Motion of Haverford
College to Compel Plaintiff's Answers to Interrogatories (First Set) and Request for Production of
Documents (First Set) with a Rule Returnable Date of November 18, 2020 was served on the
counsel listed below via Electronic Filing of the Prothonotary of Delaware County and Electronic
Mail on the 29th day of October, 2020:

Robert Katz, Esquire
Timothy A. Lesinski, Esquire
Law Offices of Robert Katz
275 E. Township Line Road
P.O. Box 1413
Havertown, PA 19083
Attorney for Plaintiff

BREHM NOFER & McCARTER, P.C.

By Jonathan K. Hollin
Jonathan K. Hollin, Esquire
Madison Bierley, Esquire
Attorneys for Defendant,
Haverford College
EXHIBIT “A”
BREHM NOFER & McCARTER, P.C.
By: Jonathan K. Hollin, Esquire
Attorney LD. No. 36660
Madison C. Bierley, Esquire
Attorney I.D. No. 326255
161 Washington Street, Suite 1450
Conshohocken, PA 19428
Ph: 610-234-5252 Attorneys for Defendant,
jhollin@bnm.law Haverford College
mbierley@bnm.law

EILEEN ERLICHMAN IN THE COURT OF COMMON PLEAS
OF DELAWARE COUNTY
V.
CIVIL ACTION
THE CORPORATION OF
HAVERFORD COLLEGE NO. CV-2020-002620

INTERROGATORIES OF
HAVERFORD COLLEGE
DIRECTED TO PLAINTIFF (FIRST SET)

Defendant, Haverford College, hereby make demand that Plaintiff answer the following
Interrogatories pursuant to the Pennsylvania Rules of Civil Procedure 4001, These Interrogatories
must be answered as provided in Pa. R.C.P. 4006 and the Answers must be served on all other
parties within thirty (30) days after the Interrogatories are deemed served.

These Interrogatories are deemed to be continuing as to require the filing of Supplemental
Answers promptly in the event Plaintiff or her representatives (including counsel) learn additional
facts not set forth in its original Answers or discover that information provided in the Answers is
erroneous. Such Supplemental Answers may be filed from time to time, but not later than 30 days
after such further information is received, pursuant to Pa. R.C.P. 4007.4.

These Interrogatories are addressed to you as a party to this action; your answers shall be
based upon information known to you or in the possession, custody or control of you, your attorney
or other representative acting on your behalf whether in preparation for litigation or otherwise.

These Interrogatories must be answered completely and specifically by you in writing and
must be verified. The fact that investigation is continuing or that discovery is not complete shall
not be used as an excuse for failure to answer each interrogatory as completely as possible. The
omission of any name, fact, or other item of information from the Answers shall be deemed a
representation that such name, fact, or other item was not known to Plaintiff(s), their counsel, or
other representatives at the time of service of the answers.
The following instructions and definitions are hereb incorporated within each of the
following Interrogatories:

1 The fact that an investigation is continuing or that discovery is not complete shall
not constitute cause for failing to answer any Interrogatory as fully as possible and, in such event,
the Answer should describe the nature and extent of its incompleteness, what acts remain to be
accomplished in order to enable you to provide a complete Answer, and the estimated date when
a full Answer may be expected. The omission of any name, fact, or other item of information from
the Answer shall be deemed a representation that such name, fact, or item was not known to you,
your representative and/or counsel at the time of the service of the Answers.

2 The terms “you, > «6, your,” or other reference to anyone to whom these
Interrogatories are directed shall mean the person or entity to whom these Interrogatories are
directed, as well as all agents, employees, and representatives, unless the context requires a
different construction.

3 The words “describe' 6, state”,96, state all facts 6> provide information” or similar
instructions or terms shall mean to describe and state fully with all relevant details, without
conclusions or generalities, and to particularize as to time, place, and manner, unless the context
indicates otherwise. Furthermore, said terms shall be deemed to include a request that you identify
(as that term is defined below) all witnesses or other persons who possess any facts, knowledge or
information embodied in the Answer to the Interrogatory, and that you identify (as that term is
defined below) each document (as that terms defined below) which includes or refers to any of
the facts, references or information set forth in the Answer to the Interrogatory, or on which you
relied upon in whole or in part in preparing the Answer to the Interrogatory.

4 The term “document” includes, without limitation, any written, recorded or graphic
matter, however produced or stored, including but not limited to: correspondence, telegrams,
faxed communications, notes or other written and/or electronically transmitted communications;
notes of oral.communications, telephone conversations, meetings or other notes recording any
information, discussion, directives, questions or conversations; calendars, appointment books,
logs, diaries, notebooks or similar materials; investigative files and related materials; contracts or
agreements; memoranda; reports; studies; recordings; films, audio-video materials; video
materials; computer print-outs or media; tapes or cassettes; work papers; orders; changes orders,
extra work orders, additional work orders and force account orders and related documents
analyses; projections; telephone messages; photographs; charts, plans, drawings, specifications or
other visual materials; and other compilations of data from which information can be obtained by
any means.
5 The term “document” also includes any non-identical copies and drafts of any of
the foregoing, in addition to the original document, which copies and drafts include writings,
notations, corrections or markings peculiar to such copy or draft.

6. The term “identify” as used in connection with a person or entity means to set forth
his, her or its full name, residential and employment address if a natural person, and location if not
a natural person.
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The term “identify” as used in connection with a document means to state its date,
the identity of its author(s), the identity of its sender(s), the identity of the person(s) or entity(ies)
to whom it was addressed, the identity of the recipient(s), a description of the title and format of
the document, the number of pages of the document, the identity of each person known or believed
to have possession, custody, control of or access to any copy or original of the document, and a
detailed description of the substance and content of the document.

8 The term “Your Complaint” refers to the Complaint filed in the Court of Common
Pleas of Delaware County at Docket No. CV-2020-002620 on or about March 18, 2020.

9 The term “Your Accident” refers to the incident which allegedly occurred on April
22, 2018 involving an “uneven, unleveled cracked, broken and deteriorated walkway/trail” which
you allege caused you to “trip, stumble and fall” as set forth in paragraph seven (7) of Your
Complaint.

10. The term the “Property” refers to the Haverford College Campus, referenced in
Your Complaint.

11. Defendant, Haverford College, is sometimes referred to herein as “Haverford”.

INTERROGATORIES

State, as defined above, your:

Date of birth;

Place of birth;

Social Security number;

Health insurance number; and

Veteran’s claim number (if any).

ANSWER:

2. Including both at the time of Your Accident and at the present time, state, as defined
above:

a. Your address and telephone number;

Your full legal name;
All names by which you are to have been known (including any maiden
name);

Your marital status;

The name of your spouse;

The names of your children, their ages, and the addresses where they reside;

The names, ages, addresses, and relationship to you of any other
dependents; and

Your height and weight.

ANSWER:

3 State, as defined above, the purpose for your presence at the Property at the time of
Your Accident.

ANSWER:

4 State, as defined above, the approximate number of times you were on the Property
in the year before Your Accident.

ANSWER:

5 State, as defined above, whether you were familiar with the walkway/trail where
you allege Your Accident occurred, how often you walked or otherwise travelled same, and the
last time you traveled on said walkway/trail immediately prior to Your Accident.

ANSWER:
6. If you consumed any alcoholic beverage(s), medication(s) (prescription and/or
over-the-counter) or any illicit drugs, during the forty-eight (48) hours immediately preceding
Your Accident, state:

a. The nature, amount, and type of item(s) consumed;

b The period of time over which the item(s) was/were consumed; and

The names and addresses of any and all persons who have any knowledge
as to the consumption of the aforementioned items (e.g., witnesses,
physicians, etc.)

ANSWER:

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At the time of Your Accident, did you suffer from any deformity, disease, ailment,
disability, or abnormality that may have affected your ability to walk, see, or otherwise perceive
and/or navigate the walkway/trail where you allege Your Accident occurred or other
trails/walkways on Property? If so, identify, as defined above, the condition(s) and any treating
physician for that condition(s).

ANSWER:

8 State,.as_ defined above, your educational background, identifying, as_defined
above, the names and. addresses of high schools, colleges, or universities attended, the dates of
attendance and your major courses of study followed at any college or university, describing
diplomas, final GPAs, degrees, and certifications obtained, including the date(s) of receipt
thereof:

ANSWER:

9. After Your Accident, did you examine the area in which you allege you tripped and
fell?

a. If so, state, as defined above:

When did you inspect and/or examine it, and what did you observe?
Be sure to include in your answer exactly what you observed.

ii. Did you report your observation(s)/belief(s) to Haverford? If so,

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state, as defined above, how and to whom.

ANSWER:

10. State, as defined above, the exact location of the “walkway and/or trail” on which
you allege Your Accident occurred:

a. Do you have any photographs of said location?

1 If so, state, as defined above, when and by whom they were taken
and the current custodian(s) of same.
Do you have any drawings, maps or diagrams of said location?

1 If so, state, as defined above, when and by whom they were prepared
and the current custodian(s) of same.
I

ANSWER:

ll. State, as defined above, the exact location of the “uneven, unleveled cracked,
broken and deteriorated” on the walkway/trail” which you allege caused Your Accident:

a. Do you have any photographs of said condition/location?

1 If so, state, as defined above, when and by whom they were taken
and the current custodian(s) of same.

b Do you have any measurements of said condition?

1 If so, state, as defined above, when and by whom they were taken
and the current custodian(s) of same.

ANSWER:

12. As to each condition which you contend caused Your Accident, state, as defined
above:

a. Each fact known to you which indicates the length of time each condition
had existed prior to Your Accident;
Each act which Haverford failed to perform to make the premises
reasonably safe for use; and

Each fact which indicates that Haverford knew or should have known of
each condition prior to Your Accident.

ANSWER:

13. Did you know of the “uneven, unleveled cracked, broken and deteriorated walkway
or trail”, which you allege caused Your Accident, at any time before Your Accident?

a. If so, state:

The manner in which you required such knowledge;

i The time you acquired such knowledge; and

iii. Any acts performed by you in order to avoid Your Accident after
you acquired such knowledge.

ANSWER:

14. Immediately prior to Your Accident, describe, as defined above, what activity you
were engaged in. Be sure to include in your answer where you were going, when you were
supposed to,be there.

ANSWER:

15. What time did you arrive at the Property on the day of Your Accident and where
did you park your vehicle?

ANSWER:
16. On the day of Your Accident, how long were you walking on the Property and
before Your Accident?

ANSWER:

17. On the day of Your Accident, were you supposed to meet anyone else at the
Property and before Your Accident?

a. If so, identify, as defined above, said person(s)

ANSWER:

18. Describe, as defined above, in detail, how Your Accident occurred. Be sure to
include in your answer what part(s) of your foot (and which foot) first came into contact with the
allegedly defective condition and what happened thereafter:

ANSWER:

19. State, as _defined_ above, whether the “uneven, unleveled cracked, broken and
deteriorated” condition on the “walkway/trail,” which you allege caused Your Accident was
visible.

a. If so, did you observe it prior to Your Accident?

b If not, why?

ANSWER:

20. Did you report Your Accident to Haverford?

a. If so,
To whom and when did you report it and what did you tell them
about Your Accident?

I Identify, as defined above, any documents which evidence or
memorialize your report.

ANSWER

21. Describe, as defined above, any and all conversations you had with any person after
Your Accident related to the happening of Your Accident or the cause of same.

ANSWER:

22. On the day of Your Accident, did you have a camera or cell phone with a camera
with you?

If so, did you use it to take a photograph or video of the alleged “uneven,
unleveled cracked, broken and deteriorated walkway or trail” that you
contend caused Your Accident?

If not, why not?

ANSWER:

23. State, as defined above, the names and addresses of any eyewitnesses to Your
Accident, including:

a. What they observed;

b Any conversation with such eyewitnesses;

Whether they have provided any oral or written statements and the
substance of same; and

Attach a copy of any and all written statements to these Answers to
Interrogatories.
ANSWER:

24. Identify, as defined above, all person(s) who were with you:

a. At the time of Your Accident.

b Describe, as defined above, where said person(s) was/were at the time of
Your Accident.

ANSWER:

25. State, as defined above, whether you contend any agent or employee of Haverford,
knew of the alleged dangerous or defective condition before Your Accident.

a. If so, state/identify, as defined above:

1 The date and time of first knowledge;

i The manner in which such knowledge was acquired;

iii. The person acquiring such knowledge; and/or

1V The source of your knowledge of Haverford, Defendants’
knowledge.

ANSWER:

26. Have you had any injury within 48 months prior to Your Accident on this or any
other property, or since then to the present date?

a. If so, state, as defined above:

1 The date of the injury;

ii. The description of the circumstances that surrounded the injury; and

iii. The address of the premises on which the injury occurred.

ANSWER:

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27. Have you ever experienced and/or been treated for blackouts, amnesia, dizziness,
fainting spells, epilepsy, loss of balance, or equilibrium?

If so, state, as defined above:

Dates of treatment;

i Frequency of occurrence;

iii. Date of first experience; and

1V Treating physicians.

ANSWER:

28. Have you ever experienced and/or been treated for insomnia, anxiety, nausea,
rheumatoid arthritis, or high blood pressure?

If so, state, as defined above:

Dates of treatment;

i Frequency of occurrence;

iii. Date of first experience; and/or

IV, Treating physicians.

ANSWER:

29. Prior to Your Accident had you ever experienced and/or been treated for shoulder,
wrist, and/or back pain/discomfort/ problems?

If so, state, as defined above:

Dates of treatment;

I Frequency of occurrence;

iii. Date of first experience;

IV, Any diagnosis given in connection with same; and

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Vv. Identity of the treating physicians.

ANSWER:

30. Do you contend Your Accident caused any injury to your head, face, teeth or neck?

a. If so, describe, as defined above, same and:

When and what symptoms first appeared with respect to same;

i When you first sought treatment or reported said symptoms to a
medical provider and the identity of the provider;

iii. How you contend it was injured as a result of Your Accident; and

IV, Whether you contend the injury is permanent and, if so, why.

ANSWER:

31. Do you contend Your Accident caused any injury to your shoulder(s), wrist (s),
and/or hands?)

a. If so, state, as defined above, what was injured and any diagnosis associated
with same:

When and what symptoms first appeared with respect to same;

il When you first sought treatment or reported said symptoms to a
medical provider and the identity of the provider;

iii. How you contend it was injured as a result of Your Accident; and

1V Whether you contend the injury is permanent and, if so, why.

ANSWER:

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32. Do you contend Your Accident caused any injury to any other part of your body
not addressed in the preceding interrogatories?

If so, state, as defined above:

When and what symptoms first appeared with respect to same;

I When you first sought treatment or reported said symptoms to a
medical provider and the identity of the provider;

iii. How you contend it was injured as a result of Your Accident; and

1V Whether you contend the injury is permanent and, if so, why.

ANSWER:

33. Prior to Your Accident, had you ever suffered symptoms, or injuries or sought
treatment for/to the following body parts:

a. shoulders; and/or

b wrists; and/or

any body part you claim was injured in Your Accident .

1 And if so, describe, as defined above, said prior symptoms, injuries,
treatment and identify, as defined above, the medical providers
involved.
ANSWER:

34. Prior to Your Accident, had you ever had any treatment prescribed or performed
for your shoulders and/or upper extremities?

a. If so, state, as defined above:

The part or parts of the body that were the subject of such treatment;

ii. The date and place performed; and

iii. The names and addresses of the persons performing such treatment.

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ANSWER:

35. Prior to Your Accident, had you ever had any radiological or other imaging or
diagnostic studies performed of your neck, shoulders, upper extremities and/or wrists?

a. If so, state, as defined above:

1 The part or parts of the body that were the subject of such study;

ii. The date and place performed; and

iii. The names and addresses of the persons performing such studies,

ANSWER:

36. Is it your contention that prior to Your Accident, you never had pain or discomfort
in your shoulders, upper extremities, and/or wrists?

ANSWER:

37. State, as defined above, the name and address of each individual who has acted as
your personal physician, primary care doctor, or family doctor for the time period January 1, 2008
to the present and indicate the years during which that individual acted as your personal physician,
primary care doctor, or family doctor.

ANSWER:

38. Have you ever applied for or received disability?

a. If so, state, as defined above:

1 The dates you received the disability;

I How much you have been paid in disability;

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iii. The reasons for your disability application(s);

IV. The reasons you have been denied disability, if at all; and

Vv. Whether you still receive disability.

ANSWER:

39. Without simply referring to medical records, state, as defined above, in detail the
injuries or diseases that you allege you suffered as a result Your Accident.

a. List the date and time of day when each symptom of your injury first
appeared.

ANSWER:

40. State, as defined above, whether you have any scars or are disfigured in any way as
aresult of Your Accident, and if so, describe, as defined above, said scars and/or disfigurement.

ANSWER:

41. State, as defined above, whether you were confined to bed or your home as a result
of the injuries alleged to have been sustained in Your Accident, the length of time you were
confined to each and the dates thereof. Also, state, as defined above, whether you presently are
confined to-bed.

ANSWER:

42. If you allege that Your Accident aggravated a pre-existing condition, state, as
defined above:

Whether you had recovered from said condition at the time of Your
Accident here involved and the approximate date of your recovery;

The name and address of each hospital and other institution to which you
had gone for examination and/or treatment for the preexisting condition and
the date of your last visit;

The name and address of each doctor or other person to whom you had gone

15
for examination and/or treatment for the preexisting condition and the date
of your last visit;
The date said preexisting condition manifested itself; and

The cause, if known, of said pre-existing condition.

ANSWER:

43. If you received treatment or examinations because of injuries or diseases you
suffered as a result of Your Accident, identify, as defined above:

a. Each hospital at which you were treated and/or examined;

b. The date(s) each such treatment or examination at hospital was rendered
and the charges by the hospital for each;

Each doctor, practitioner, or other healthcare provider by whom you were
treated and/or examined;

The date(s) each such treatment or examination by a doctor, practitioner, or
other health care provider, was rendered and the charges for each; and

All reports regarding any medical treatment and/or examinations, setting
forth the author and date of each such report.

ANSWER:

44, With respect to any medical treatment you received for or as a result of any injuries
allegedly sustained in Your Accident and the charges associated with said treatment, identify, as
defined above, each such charge (including date, purpose, and provider) and state, as defined
above, whether said charge has been paid in whole or in part and, if so, the amount paid and
identify, as defined above, the person or entity paying same. Be sure to include in your answer
the total amount paid to each/any provider and whether any person or entity has claimed a lien in
connection with any payments made on your behalf.

ANSWER:

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45. State, as defined above, with respect to any diagnostic studies (e.g., x-rays, MRI,
CT, EMG, EKG, etc.) you have undergone as a result of Your Accident:

a. The part or parts of the body that were the subject of such study;

b. The date and place performed; and

The names and addresses of the persons performing such studies, the
charges for the same, and the amount of each charge that has been paid, and
the person or entity who has paid said charges.

ANSWER:

46. Have you received any reports from any hospitals, physicians, or other health care
providers, concerning the injuries alleged to have been caused by Your Accident?

a. If so, state, as defined above:

The date(s) of each:

i From whom such reports were received, including the address;

iii. The type of report received in each instance (i.e., written or oral,
medical, x-ray, hospital, etc.); and

IV. The name and address of each person in possession or custody of
each such report.

ANSWER:

47. If you have not fully recovered from your injuries, allegedly sustained in Your
Accident, state, as defined above, in detail in what respects you have not fully recovered,
including any alleged limitations on bodily functions.

ANSWER:

48. State, as defined above, whether you are still under treatment for the injuries alleged
to have been sustained in Your Accident. If you are still being treated for such injuries, identify,
as_defined above, the healthcare provider(s) treating you and state, as defined above, the
frequency of each such treatment.

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ANSWER:

49. State, as defined above, when you were first examined or given medical attention
following Your Accident and identify the healthcare provider/hospital rendering such medical
attention.

ANSWER:

50. State, as defined above, when you were /ast examined or given medical attention
for the injuries sustained in Your Accident and identify the healthcare provider who rendered
such medical attention.

ANSWER:

Sl. For the period of fifteen (15) years preceding the date of Your Accident, state, as
defined above:
a. The name and address of each of your employers and/or, if you were self-
employed at any time during that period, each of your business addresses
and the name of the business while self-employed;

The dates of commencement and termination of each of your periods of
employment and/or self-employment;

A detailed description of the nature of your occupation in each employment
and/or self-employment; and

The amount of income from employment and self-employment for each
year. (Attach your Federal Income Tax Return for each year, including the
year during which the alleged accident occurred.)

ANSWER:

52. If you were employed on the date of Your Accident, identify, as defined above,
your employer on that date; if different from the employer named in the preceding Interrogatory,
state, as defined above:

a. Your weekly, bi-weekly, or monthly rate of pay with that employer as of
the date which is the subject of this action;

b. Your position with that employer on that date; and

18
Cc If you were self-employed, state the address of your usual place of business
and the name under which you were operating.

ANSWER:

53. If you have engaged in one or more gainful occupations subsequent to the date of
Your Accident, state, as defined above:

The name and address of each of your employers or if you were self-
employed, each of your business addresses and the name of the business
while self-employed;

The dates of commencement and termination of each of your periods of
employment or self-employment;

A detailed description of the nature of your occupation in each employment
or self-employment;

The wage, salary or rate of earnings received by you in each employment
or self-employment (Attach your Federal Income Tax Return for each year
subsequent to the accident);

The dates of all absences from your occupation resulting from the injuries
and diseases suffered in this accident; and

The amount of any earnings or other benefits lost by you because of such
absences.

If self-employed, identify each employee hired as a result of your
disability; and

I The dates of their employment and the amount paid to each such
employee.

ANSWER:

54. If you are claiming loss of earnings as a result of Your Accident, state, as defined
above:

a. The total amount of such loss; and

19
b. The dates of absence from your employment.

ANSWER:

55. If you are claiming lost earning power as a result of Your Accident, please state, as
defined above, the basis for such claim.

ANSWER:

56. State, as_ defined above, whether, as a result of Your Accident, you have been
unable to perform any of your customary occupational duties or social or other activities in the
same manner as prior to Your Accident, stating, as defined above, with particularity:

a. The duties and/or activities you have been unable to perform;

b The periods of time you have been unable to perform; and

The names. and last known addresses of all persons having knowledge
thereof.

ANSWER:

57. If you are making a wage loss claim, state, as defined above, whether you have
sought employment of any type since the date of Your Accident and if you have, state, as defined
above, the following:

a. The date(s) when all such employment was sought;

b The name and address of the entity with whom you sought employment;

The specific type of employment applied for;

The name and address of the individual(s) with whom you spoke at the
entity where employment was sought;

Whether you were offered employment and, if so, the position offered and

20
rate of pay;
f. If offered employment, the reason(s) why the offer was not accepted; and

g If employment was not offered the reason(s) why.

ANSWER:

58. If you have incurred any bills or expenses in connection with the injuries or diseases
that you suffered because of Your Accident, and such bills or expenses are not otherwise listed in
answer to these Interrogatories, set forth:

a. The amount of each bill or expense;

b The service for which the bill or expense was incurred; and

The identity of the person who rendered the billor who was involved in the
expense.

ANSWER:

59. Have you given any statement (as defined by the Rules of Civil Procedure)
concerning Your Accident, this action, or its subject matter?

If so, identify, as defined above:

Each person to whom a statement was given;

1 When and where each statement was given; and

iii. Any person who has custody of any such statement(s) that was
reduced to writing or otherwise recorded.

ANSWER:

60. Have you or anyone acting on your behalf obtained from any person a statement
(as defined by the Rules of Civil Procedure) concerning this action or its subject matter?

a. If so, identify, as defined above:

1 Each such person;

21
I When, where, by whom and to whom each statement was made and
whether it was reduced to writing or otherwise recorded; and

iii. Any person who has custody of any such statement that was reduced
to writing or otherwise recorded.

ANSWER:

6l. Do you or anyone acting on your behalf know of the existence of any photographs,
motion pictures, video recordings, maps, diagrams, or models of the site of Your Accident, or the
alleged hazardous condition?

a. If the answer is in the affirmative, state, as defined above:

The date(s) when they were made and the type thereof;
I The name and address of the person making them;

iii. The subject that each portrays; and

IV, The identity of the individual(s) who has (have) custody of such.

ANSWER:

62. State, as defined above:

a. Whether any photographs were taken of you after the time of Your Accident
showing the parts of your body which you contend were injured in Your
Accident;

The date and time of day when such photographs were taken;

The name, address, employer, and position of the individual who took these
photographs; and

The name, address, employer, and position of the individual currently in
possession of such photographs.

ANSWER:

22
63. State, as defined above, whether any photographs were taken of you or the site of
Your Accident on the day of Your Accident and,

a. If so, state, as defined above:

1 The name, address, and employer of the individual who took the
photographs; and

I The name, address, and employer of the individual currently in
possession of such photographs.

ANSWER:

64. Do you contend that any employee, agent, or representative of Haverford made any
admissions with respect to any claim in Your Complaint?

a. If so, please:

1 Identify, as defined above, the person who made those admissions;

i State, as defined above, the date the admission was made;

iii. Set forth the substance of the admission; and

IV. If written, attach a copy of the writing.

ANSWER:

65. Identify, as defined above, all documents, as defined above, that you intend to
introduce into evidence at the trial of this matter.

ANSWER:

66. Identify, as defined above, any and all lay witnesses whom you intend to call at the
time of trial. As to each witness, state, as defined above:

a. The subject matter in which he/she is expected to testify; and

23
b The facts to which he/she is expected to testify.

ANSWER:

67. State, as defined above, the name and current home and business address of each
person whom you may and/or expect to and/or will call as an expert witness at trial and state, as
defined above, the subject matter on which the expert may and/or is expected to testify upon.

ANSWER:

68. For each person named in the immediately preceding Interrogatory, state, as defined
above, the following:

a. His/h

Case Info

Case No.

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Document Filed Date

October 29, 2020

Case Filing Date

March 18, 2020

County

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Party Discovery: ERLICHMAN v. THE CORPORATION OF HAVERFORD COLLEGE

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