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HUD-L-003253-20 06/02/2021 1:45:52 PM Pg 1 of3 Trans ID: LCV20211347665
Law Offices
William J Pollinger, P.A
A Professional Corporation
60 Court Street
Suite #2
Hackensack, New Jersey 07601
WilliamJ. Pollinger 201 487-5666
Fax: f 201 487-6335
Admitted NJ. and N.Y.
Certified the Supreme william. ollinger@pollingerlaw.com
Court of New Jersey as a iam.pollinger@verizon.net
Civil Trial Attorney www.pollingerlaw.com
June 2, 2021
Via e-Courts
Clerk, Hudson County
Administration Building-Room 105
595 Newark Avenue
Jersey City, New Jersey 07306
Re Guevara v. USAA
Docket No. HUD-L-3253-20
Our File No. D-22,144
Dear Sir/Madam:
Enclosed find Notice of Motion, Certification of William J. Pollinger and proposed form
of Order in the above captioned matter. Kindly file the Motion
Please charge our Account No. 146084 $50.00 for the filing fee
Yours very truly,
WILLIAM J. POLLINGER, P.A.
!
William J. Pollinger
WUJP:rb
Encl,
ce: Cellino & Barnes-Attention: John H. Shields, Esq.
Kimberly Espinales-Maloney, J.S.C.
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WILLIAM J. POLLINGER, P.A.
60 Court Street
Suite #2
Hackensack, New Jersey 07601
(201) 487-5666
Attorney ID # 253861969
Attorney for USAA
Our File No. D-22,144
SUPERIOR COURT OF NEW JERSEY
LAW DIVISION : HUDSON COUNTY
DOCKET NO. HUD-L-3253-20
ERNESTO GUEVARA, ) Civil Action
Plaintiff, ) NOTICE OF MOTION TO COMPEL
) INTERROGATORY RESPONSES
Vv. ) AND EXPERT REPORTS
USAA CASUALTY INSURANCE COMPANY, )
ABC CORPORATIONS (1-5) said names being )
fictitious and JOHN DOES (1-5) said names )
being fictitious,
Defendants.
To: John H. Shields, Esq.
Cellino & Barnes, P.C
420 Lexington Avenue-Suite 2140
New York, N Y 10170
Attorneys for Plaintiff
TAKE NOTICE that on June 25, 2021, at 9:00 a.m. or as soon thereafter as
counsel may be heard, the undersigned, William J. Pollinger, P.A., attorneys for
defendant, USAA Casualty Insurance Company, will apply to the Superior Court of New
Jersey, Hudson County, located at, Jersey City, New Jersey, for an Order to compel
interrogatory responses and expert reports.
In support hereof, we shail rely upon the Certification of William J. Pollinger
submitted herewith.
It is respectfully requested that this matter be decided on the papers.
Discovery End Date - October 16, 2021
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The undersigned certifies that the within Motion was e-filed with the Clerk of
Hudson County and a copy has been served upon each party in this matter via regular
mail as follows:
John H. Shields, Esq.
Cellino Law, LLP
420 Lexington Avenue-Suite 830
New York, N Y 10170
Attorney for Plaintiff
WILLIAM J. POLLINGER, P.A.
Attorneys for USAA
By:
William J. Pollinger
Dated: June 2, 2021
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WILLIAM J. POLLINGER, P.A.
60 Court Street
Suite #2
Hackensack, New Jersey 07601
(201) 487-5666
Attorney ID # 253861969
Attorney for USAA
Our File No. D-22,144
SUPERIOR COURT OF NEW JERSEY
LAW DIVISION : HUDSON COUNTY
DOCKET NO. HUD-L-3253-20
ERNESTO GUEVARA, Civil Action
Plaintiff, ORDER
V.
USAA CASUALTY INSURANCE COMPANY,
ABC CORPORATIONS (1-5) said names being
fictitious and JOHN DOES (1-5) said names
being fictitious,
Defendants.
This matter having been presented to the Court by William J. Pollinger, P.A.,
attorneys for Defendant, USAA Casualty Insurance Company, and the Court having
considered all documents submitted, and for good cause shown,
It is on this. day of, , 2021
ORDERED that plaintiff, Ernesto Guevara, shall provide specific responses for
Interrogatories #8, #9, #10 (with a specific statement with respect to allegations of wage
loss), #13 and #23.
Further ordered that plaintiff shall sign all answers to interrogatories and
Further ordered that plaintiff shall provide all experts reports by
, 2021.
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WILLIAM J. POLLINGER, P.A.
60 Court Street
Suite #2
Hackensack, New Jersey 07601
(201) 487-5666
Attorney ID # 253861969
Attorney for USAA
Our File No. D-22,144
SUPERIOR COURT OF NEW JERSEY
LAW DIVISION : HUDSON COUNTY
DOCKET NO. HUD-L-3253-20
ERNESTO GUEVARA, ) Civil Action
Plaintiff, ) CERTIFICATION OF
) WILLIAM J. POLLINGER
Vv. )
USAA CASUALTY INSURANCE COMPANY,
ABC CORPORATIONS (1-5) said names being )
fictitious and JOHN DOES (1-5) said names )
being fictitious,
Defendants.
William J. Pollinger certifies as follows:
1 lam an attorney at law of the State of New Jersey and am a member of the
law firm of William J. Pollinger, P.A., and am fully familiar with this matter.
2 As the result of a Court Order dated April 26, 2021 (Exhibit A), plaintiff was
to provide “full and complete more specific answers to interrogatories” within 30 days.
3 We did receive what plaintiff terms “Amended Response to Form A
Interrogatories” on May 14, 2021; however, they were still grossly deficient in important
respects.
4 A copy of those documents is attached hereto as Exhibit B.
5 As can be seen from these alleged more specific answers, they are deficient
in the following respects:
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#8. There is no statement with respect to whether or not plaintiff is still
being treated, where and how often or the nature of the treatment.
#9, At depositions of the plaintiff held on May 25, 2021, he believed the
accident of August 5, 2017, which is the subject matter of this case, aggravated his pre-
existing injuries leading to pains in multiple areas of his body. As a result, a demand
is made for a specific response to interrogatory #9 based upon this deposition testimony.
#10. As can be seen from the answer, plaintiff has not indicated the
amount of any wage loss which clearly can be easily computed base upon plaintiff's own
allegations.
#13. Plaintiff has not responded to the question at all.
#23. Plaintiff has not provided the name of any expert nor provided any
copies of any expert reports with respect to the claims made in this case. As indicated,
plaintiffs deposition was held on May 25, 2021. At that time, he indicated continuing
complaints and aggravation of his preexisting fibromyalgia. As a result, the need for
experts is clear, both with respect to causation and permanency relating to the August
5, 2017 accident, which is the subject matter of this case, as well as with respect to an
allocation as respects his pre-existing condition. Additionally, plaintiff, for the first time,
alleged psychiatric injuries in his deposition. Accordingly, a report with respect to that
claim is obviously important.
6 As a result of the above, it is respectfully requested that plaintiff be
compelled to more specifically answer the interrogatories that were previously required
to be answered as well as provide experts reports within a reasonable amount of time to
be determined by the Court.
I hereby certify that the foregoing statements made by me are true. I am aware
that if any of the foregoing statements made by me are wilfully false, I am subject to
punishment.
Dated: June 2, 2021 William J. Pollinger
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WILLIAM J. POLLINGER, P.A.
60 Court Street
Suite #2
Hackensack, New Jersey 07601
(201) 487-5666
Attorney ID # 253861969
Attorney for USAA
Our File No. D-22,144
SUPERIOR COURT OF NEW JERSEY |
LAW DIVISION: HUDSON COUNTY
DOCKET NO. HUD-L-3253-20
ERNESTO GUEVARA,
Civil Action
Plaintiff, ORDER
Vv.
USAA CASUALTY INSURANCE COMPANY,
ABC CORPORATIONS (1-5) said names being
fictitious and JOHN DOES (1-5) said names
being fictitious,
Defendants.
This matter having been presented to the Court by William J. Pollinger, P.A., attorneys for
Defendant, USAA Casualty Insurance Company, and the Court having considered all documents
submitted, and for good cause shown,
It is on this 16% day of April 2021
ORDERED that plaintiff, Ernesto Guevara, shall provide full and complete more specific
answers to interrogatories as specifically set forth in defendant's counsel's letter of J anuary 29,
2021, within 30 days from the date hereof. A copy of this order will be served
on the parties electronically via eCourts within 7 days.
Heer Epes Moly
Hon. Kimberly Espinales-Maloney J. BS.
The motion was unopposed. Motion granted pursuant to R. 4:17-5..
By
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Exhibit B
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CELLINO LAW, LLP
420 Lexington Avenue, Suite 830
New York, New York 10170
800-555-5555
Attorneys for Plaintiff
FSIS EIST IOS ETOCS TOE TIC I III TIT IS III IRA
ERNESTO GUEVARA, SUPERIOR COURT OF NEW
JERSEY LAW DIVISION:
Plaintiff, HUDSON COUNTY
Vv DOCKET NO.: HUD-L-3253-20
USAA CASUALTY INSURANCE COMPANY, CIVIL ACTION
ABC CORPORATIONS (1-5) said names being
fictitious and JOHN DOES (1-5) said names AMEMDED RESPONSE TO FORM A
being fictitious, INTERROGATORIES
Defendants.
FEISS SIO IOI IOC TIO I ITO I III II IT IIIA:
Plaintiff, above-named, by his attorneys, CELLINO LAW, LLP, as and for
his Response to Defendants, USAA CASUALTY INSURANCE COMPANY, Form A
Interrogatories, states:
INTERROGATORY NO. 1:
Full name, present address and date of birth, Social Security number, and
Medicare number, if applicable. If Medicare number is applicable, attach a copy of
Medicare card.
RESPONSE: Plaintiffs full name is Ernesto Guevara and he
resides at 803 Liberty Avenue, North Bergen, New Jersey 07047. Plaintiff objects to the
disclosure of his date of birth and Social Security number. Without waiving said
objection, Plaintiffs date of birth is: March 12, 1969. Upon information and belief,
plaintiff is not a Medicare recipient. The plaintiff reserves the right to supplement and/or
amend the response to this demand as necessary and/or appropriate.
A ' >
S=
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INTERROGATORY NO. 2:
Describe in detail your version of the accident or occurrence setting forth
the date, location, time and weather.
RESPONSE: The subject accident occurred at or near the
intersection of Bergen Boulevard and Fairview Terrace in Ridgefield, New Jersey.
INTERROGATORY NO. 3:
Detailed description of nature, extent, and duration of any and all injuries.
RESPONSE: Plaintiff sustained the following injuries in the subject
accident and will further rely upon the medical records, reports and other discovery had
herein:
Cervical Spine:
Neck pain;
Cervical spine sprain/sprain;
Cervical radiculopathy;
C5-6 decreased sensation;
C6-7 bulge;
C6-7 disc derangement;
Straightening of the cervical spine;
Limited range of motion;
Upper Extremities:
- Non-displaced distal clavicular fracture (right);
- Right shoulder sprain/strain;
- Right shoulder pain;
- Limited range of motion;
Thoracic Spine:
- Back pain;
- Thoracic spine sprain/sprain;
Limited range of motion;
Lumbar Spine:
- Back pain;
- Lumbar spine sprain/sprain;
- L2-5 bilateral facet tenderness;
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L3-4 annular tear and herniation;
L4-5 disc derangement and bulge;
L5-S1 decreased sensation;
Straightening of the normal lordosis;
Numbness;
Stiffness;
Tingling;
Tightness;
Lumbar radiculopathy;
Limited range of motion;
Lower Extremities:
- Right hip pain;
- Right foot pain;
- Limited range of motion.
Other:
- Sleeplessness due to pain and discomfort.
All of the above injuries were accompanied by tearing, irritation, and injury
to the tendons, ligaments, muscles, blood vessels, cartilages, nerves and soft tissues of
said areas, affected the blood supply of said areas, and were and continue to be
accompanied by pain and limitation of motion. All of the above injuries are claimed to be
permanent and progressive, except those of a superficial nature. The above indicated
injuries were caused by the subject accident; however, to the extent that it may be
determined or alleged that plaintiff sustained an aggravation of a pre-existing condition,
plaintiff reserves the right to claim an aggravation and/or activation and/or precipitation
of any previously asymptomatic and/or pre-existing and/or latent disease, defect and/or
condition. Plaintiff continues to suffer from pain, discomfort and limitation of motion in
the affected areas. As a result of the accident and the injuries herein sustained, plaintiff
suffered a severe shock to his nervous system. The foregoing injuries impaired the
general health of plaintiff. The foregoing injuries directly affected the bones, tendons,
tissues, muscles, ligaments, nerves, blood vessels and soft tissue in and about the
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involved areas and sympathetic and radiating pains from all of which plaintiff suffered, still
suffers, and may permanently suffer. Plaintiff may permanently suffer from the aforesaid
injuries and from its effects upon his nervous system and may limit his activities. Plaintiff
may be restricted in his normal life and activities and may permanently require medical
and neurological care and attention.
Due to the injuries, plaintiff was forced to undergo various treatment and
diagnostic procedures including, but not limited to: Injections, MRIs, X-Rays,
chiropractic therapy, home-based exercise therapy and taking prescribed pain and/or
muscle relaxant medications. Plaintiff was and is unable to perform household chores
and general outside household maintenance in the same manner as she could prior to the
subject accident. Plaintiff was and is unable to participate, or participate in a limited way,
in recreational and social activities.
INTERROGATORY NO. 4:
Detailed description of the injury or condition claimed to be permanent
together with all present complaints.
RESPONSE: Plaintiff refers defense counsel to the response to
Interrogatory No. 3, supra.
INTERROGATORY NO. 5:
If confined to a hospital, state its name and address, dates of admission
and discharge.
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RESPONSE: As a result of the injuries sustained in the subject
accident and the subsequent treatment, plaintiff was intermittently confined depending
upon the level of pain and discomfort and, when not confined, was forced to maintain
drastically reduced and curtailed activities including, but not limited to, being unable to
perform household chores and general outside household maintenance in the same
manner as prior to the subject accident as well as being unable to participate, or
participating in a limited way, in recreational and social activities.
INTERROGATORY NO. 6:
If any diagnostic tests were performed, state the type of test performed,
name and address of place performed, date of each test performed and what each test
disclosed. Attach a copy of the test results.
RESPONSE: Plaintiff refers defense counsel to the response to
Interrogatory No. 3, supra. The nature, type, location, dates and results of plaintiff's
treatment can be obtained by a review of the medical records and physicians’ records
and reports supplied to defendants’ counsel herewith as well as records obtained by
defense through the use of the HIPAA compliant authorizations.
INTERROGATORY NO. 7:
If treated by any health care provider, state the name and present address
of each health care provider, the dates and places where treatments were received and
the date of last treatment. Attach true copies of all written reports provided to you by
any such health care provider whom you propose to have testified on your behalf.
RESPONSE: Plaintiff objects to same on the grounds of being overly
broad and unduly burdensome. Notwithstanding this objection, the number and dates of
treatment can be obtained by a review of the medical records and physicians’ reports
supplied to defendants’ counsel herewith as well as records obtained by defense
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through the use of the HIPAA compliant authorizations. Plaintiff treated with the
following medical providers for the injuries sustained in the subject incident:
Holy Name Hospital Advanced Physical Medicine Center
690 Teaneck Road 222 Bergen Boulevard, Suite 8
Teaneck, NJ 07660 Fairview, NJ 07022
The Spine & Sports Hudson River Radiology Center
Health Center 547 Summit Avenue
East Coast Spine, Joint Jersey City, NJ 07306
and Sports Medicine
720 Monroe Street, Suite C208 East Orange Veterans Hospital
Hoboken, NJ 07030 385 Tremont Avenue
East Orange, NJ 07018
Hackensack Veteran's Clinic
385 Prospect Avenue
Hackensack, NJ 07601
INTERROGATORY NO. 8:
If still being treated, the name and address of each doctor or health care
provider rendering treatment, where and how often treatment is received and the nature
of the treatment.
RESPONSE: Plaintiff refers defense counsel to the response to
Interrogatory No. 7, supra.
INTERROGATORY NO. 9:
If a previous injury, disease, illness or condition is claimed to have been
aggravated, accelerated or exacerbated, specify in detail the nature of each and the
name and present address of each health care provider, if any, who ever provided
treatment for the condition.
RESPONSE: None.
INTERROGATORY NO. 10:
If employed at the time of the accident, state: (a) name and address of
employer; (b) position held and nature of work performed; (c) average weekly wages for
past year; (d) period of time lost from employment, giving dates; and (e) amount of
wages lost, if any.
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RESPONSE: Spectrum 2554 Broadway, New York, New York
10025 Sales, $23.00per hour at 40 hours a week plus commissions and his employment
ended February 2018 as plaintiff was disabled. He returned to employment at Spectrum in
December, 2018 but at a different location in 41-61 Kissena Boulevard, Flushing, New
York 11355 until June, 2019. He has not returned to work since June 2019.The amount
being claimed has not yet been calculated. Upon information and belief, the lost wage
claim will be supplemented upon completion of discovery. Plaintiff is receiving SSD
beginning December 2020 retroactive to June 3, 2019.
INTERROGATORY NO. 11:
If there has been a return to employment or occupation, state: (a) name
and address of present employer; (b) position held and nature of work performed; and
(c) present weekly wages, earning, income or profit.
RESPONSE: See response No. 10, supra.
INTERROGATORY NO. 12:
If other loss of income, profit or earnings is claimed: (a) state total amount
of the loss; (b) give a complete detailed computation of the loss; and (c) state the nature
and source of the loss of income, profit and earnings, and the dates of the deprivation.
RESPONSE:
See response No. 10, supra.
INTERROGATORY No. 13:
ltemize in complete detail any and all moneys expended or expenses
incurred for hospitals, doctors, nurses, diagnostic tests or health care providers, x-rays,
medicines, care and appliances and state the name and address of each payee and
the amount paid and owed each payee.
RESPONSE: The exact amount of plaintiff's medical expenditures
are unknown at this time. It is expected that plaintiff may incur future medical expenses,
the extent of which is not yet known. Plaintiff reserves the right to supplement and/or
amend this response as necessary and/or appropriate.
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INTERROGATORY No. 14:
ltemize any and all other losses or expenses incurred not otherwise set
forth.
RESPONSE: Plaintiff will seek to charge the defendant herein with
an unliquidated sum for future medical expenses and/or lost wages, his inability
to lead
a normal life, permanency, pain and suffering and for those damages as alleged
in the
Complaint.
INTERROGATORY No. 15:
Identify all documents that may relate to this action and attach copies of
each such document.
RESPONSE: Plaintiff objects to same on the grounds of being
overly broad and unduly burdensome. Notwithstanding this objection, included herewith
are photocopies of all of plaintiff's incident related medical records currently within our
possession. Any authorizations provided are to be used solely for the production of
documents and any discussion with such provider is beyond the scope of the
authorizations and strictly prohibited. Copies of all records obtained through the use of the
authorizations should be provided to our office.
INTERROGATORY No. 16:
State the names and addresses of all eyewitnesses to the accident or
occurrence, their relationship to you and their interest in this lawsuit.
RESPONSE: This office is currently not aware of any such
witnesses except for the individuals involved in said accident/action, their agents,
servants and/or employees, any police or emergency personnel who may have
responded to the scene, persons listed on the Accident Report, the health care
providers listed in the medical records who witnessed the injuries sustained by the
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plaintiff and any and all other individuals whose identities may be discerned through an
examination of the medical records, pleadings and proceedings had herein.
INTERROGATORY No. 17:
State the names and addresses of all persons who have knowledge of any
facts relating to the case.
RESPONSE: Plaintiff refers defense counsel to the response to
Interrogatory No. 16.
INTERROGATORY No. 18:
lf any photographs, videotapes, audio tapes or other forms of electronic
recording, sketches, reproductions, charts or maps were made with respect to anything
that is relevant to the subject matter of the complaint, describe: (a) the number of each;
(b) what each shows or contains; (c) the date taken or made; (d) the names and
addresses of the persons who made them; (e) in whose possession they are at
present; and (f) if in your possession, attach a copy, or if not subject to convenient
copying, state the location where inspection and copying may take place.
RESPONSE: We are not in possession of any photographs at this
time.
INTERROGATORY No. 19:
If you claim that the defendant made any admissions as to the subject
matter of this lawsuit, state: (a) the date made; (b) the name of the person by whom
made; (c) the name and address of the person to whom made; (d) where made; (e) the
name and address of each person present at the time the admission was made; (f) the
contents of the admission; and (g) if in writing, attach a copy.
RESPONSE: Unknown at this time. Plaintiff reserves the right to
supplement and/or amend this response upon further discovery.
INTERROGATORY No. 20:
lf you or your representative and the defendant have had any oral
communication concerning the subject matter of this lawsuit, state: (a) the date of the
communication; (b) the name and address of each participant; (c) the name and
address of each person present at the time of such communication; (d) where such
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communication took place; and (e) a summary of what was said by each party
participating in the communication.
RESPONSE: Unknown at this time. Plaintiff reserves the right to
supplement and/or amend the response to this demand upon further discovery.
INTERROGATORY No. 21:
If you have obtained a statement from any person not a party to this
action, state: (a) the name and present address of the person who gave the statement;
(b) whether the statement was oral or in writing and if in writing, attach a copy; (c) the
date the statement was obtained; (d) if such statement was oral, whether a tecording
was made, and if so, the nature of the recording and the name and present address of
the person who has custody of it; (e) if the statement was written, whether it was
signed by the person making it; (f) the name and address of the person who obtained
the statement; and (g) if the statement was oral, a detailed summary of its contents.
RESPONSE: This office is not in possession nor aware of any such
statements.
INTERROGATORY No. 22:
If you claim that the violation of any statute, rule, regulation or ordinance is
a factor in this litigation, state the exact title and section.
RESPONSE: Plaintiff will rely upon each and every statute,
ordinance, rule, law and regulation violated by the offending motorist who defendant sits in
the shoes including but not limited to NJSA 39:4-89. Plaintiff will rely upon the charge of
the trial judge with respect to every statute, ordinance, rule, law and regulation violated by
the defendants. Plaintiff has not yet had the opportunity to conduct discovery. If specific
Statutory violations are uncovered during the course of discovery, this paragraph will be
supplemented.
INTERROGATORY No. 23:
State the names and addresses of any and all proposed expert witnesses.
Set forth in detail the qualifications of each expert named and attach a copy of each
expert's current resume. Also attach true copies of all written reports provided to you by
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any such proposed expert witnesses. With respect to all expert witnesses, including
treating physicians, who are expected to testify at trial and with respect to any person
who has conducted an examination pursuant to Rule 4:19, who may testify, state each
such witness's name, address and area of expertise and attach a true copy of all written
reports provided to you. If a report is not written, supply a summary of any oral report
provided to you. State the subject matter on which your experts are expected to testify.
State the substance of the facts and opinions to which your experts are expected to
testify and a summary of the grounds for each opinion.
RESPONSE: Plaintiff objects to same as it requires plaintiff to
disclose information to which the defense is not entitled to obtain at this time.
Notwithstanding this objection, at this time, no determination has been made with
Tegard to the use of expert testimony at the time of trial other than plaintiffs treating
physicians who will testify as to the care and treatment provided to the plaintiff and the
causal relationship between the incident and the injuries for which treatment was
rendered. Plaintiff reserves the right to call one or more of the treating physicians to
testify as to the diagnosis, treatment and prognosis of the injuries as contained in the
medical records provided. We acknowledge the on-going nature of this demand and,
should expert witnesses be retained, physician or otherwise, you will be provided with
proper expert disclosure.
INTERROGATORY No. 24:
State whether you have ever been convicted of a crime. YES () NO (X)
If the answer is "yes", state: (a) date; (b) place; and (c) nature.
RESPONSE: No.
INTERROGATORY No. 25:
State on what street, highway, road or other place (designate which) and
in what general direction (north, south, east or west) your vehicle was proceeding
immediately prior to the collision. (You may include a sketch for greater clarity.)
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RESPONSE: Said information can be located within the New
Jersey Police Crash Investigation Report, a copy of which has been provided to you
within discovery responses. Plaintiff was stopped in traffic going south on Bergen
Boulevard and was struck in the rear forcing his car to strike the motor vehicle in front of
him.
INTERROGATORY No. 26:
With respect to fixed objects at the location of the collision, state as
nearly as possible the point of impact. If you included a sketch, place an X thereon to
denote the point of impact.
(Note: The term “point of impact” as used in this and other questions
has reference to the exact point on the street, highway, road or other place where the
vehicles collided or where any pedestrian was struck.)
RESPONSE: See response No. 25, supra.
INTERROGATORY No. 27:
State whether there were any traffic control devices, signs or police
officers at or neat the place of the collision. If there were, describe them (ie., traffic
lights, stop sign, police officers, etc.) and state the exact location of each.
RESPONSE: See response No. 25, supra. There may have
been a traffic light which stopped traffic at the time of the occurrence.
INTERROGATORY No. 28:
If you content that there was a malfunction of a motor vehicle or
equipment, state: (a) make, model and year of the motor vehicle and whether or not that
vehicle was equipped with power brakes and steering; (b) the nature of the malfunction;
(c) the date the motor vehicle was purchased and the name and address of the person
from who the motor vehicle was purchased; (d) the date that the portion of the motor
vehicle in which the malfunction occurred was last inspected and the name and address
of the person inspecting same; (e) the last date prior to the accident that the portion of
the motor vehicle was repaired or replaced, the nature and extent of the repairs, the
names and address of the person repairing or replacing same; (f) if the motor vehicle
was repaired after the accident, state the name and address of the person repairing
same and that nature of the repairs; and (g) attach a copy of any repair bills.
HUD-L-003253-20 06/02/2021 1:45:52 PM Pg 18 of 23 Trans ID: LCV20211347665
RESPONSE: Not applicable.
INTERROGATORY No. 29:
If the collision occurred at an uncontrolled intersection, state: (a) which
vehicle entered the intersection first; (b) whether your vehicle came to a full stop before
entering ‘the intersection; and (c) if your vehicle did not come to a full stop before
entering the intersection, state the speed of your vehicle when it entered the
intersection.
RESPONSE: See response No. 27, supra.
INTERROGATORY No. 30:
For each other vehicle or pedestrian collided with, state, at the time you
first observed the other vehicle or pedestrian, (a) your speed and (b) the speed of the
other vehicle or the movement, if any, of the pedestrian, and the distance in feet
between (c) the front of your vehicle and the point of impact; (d) the front of the other
vehicle or pedestrian and the point of impact, and (e) the front of your vehicle and the
other vehicle or pedestrian.
RESPONSE: Said information can be located within the New Jersey
Police Crash Investigation Report, a copy of which has been provided to you within
discovery responses. Plaintiff was stopped in traffic on Bergen Boulevard and was
struck in the rear forcing his car to strike the motor vehicle in front of him. The distance
between the front of plaintiff vehicle and the car in front of him he could not estimate or
approximately without guessing.
INTERROGATORY No. 31:
State where each vehicle came to rest after the impact. Include the
distance in terms of feet from the point of impact to the point where each vehicle came
to rest.
RESPONSE: See response No. 25, supra. The motor vehicle
came to rest going south on Bergen Boulevard The distance between the front of the
HUD-L-003253-20 06/02/2021 1:45:52 PM Pg 19 of 23 Trans ID: LCV20211347665
offending motorist and the rear of plaintiff vehicle and the front of plaintiff ‘s vehicle and
the car in front of him he could not estimate or approximately without guessing.
INTERROGATORY No. 32:
For each other vehicle or pedestrian involved, state (a) which part of your
vehicle; and (b) which part of the other vehicle or pedestrian came into contact.
RESPONSE: See response No. 25, supra. The motor front of
the offending motorist struck the rear of plaintiff vehicle and the front of plaintiff ‘s
vehicle came in contact with the rear of the car in front of him.
INTERROGATORY No. 33:
State the following facts with respect to the collision: (a) time; (b) condition
of weather; (c) condition of visibility; and (d) condition of roadway.
RESPONSE: See response No. 2, supra. Plaintiff does not recall
the weather conditions but believes it was clear and the roads were dry and the time of
day was late in the day before the sun went down.
INTERROGATORY No. 34:
For each other vehicle or pedestrian involved, state whether you observed
the vehicle or pedestrian prior to the accident? YES (x) or NO (). If the answer is “yes,”
set forth the time that elapsed from the time you first saw the vehicle or pedestrian until
the impact occurred.
RESPONSE: See response No. 25, supra. Plaintiff was stopped
in traffic and could not move his car and saw the offending motorist vehicle just before
impact.
INTERROGATORY No. 35:
At the time of the impact, state the speeds of all vehicles involved in the
collision.
HUD-L-003253-20 06/02/2021 1:45:52 PM Pg 20 of 23 Trans ID: LCV20211347665
RESPONSE: See response No. 25, supra. Both plaintiff motor
vehicle and the motor vehicle in front of him were stopped. Plaintiff cannot estimate the
speed of the offending motorist without guessing.
INTERROGATORY No. 36:
Were you charged with a motor vehicle violation as a result of the
collision? YES () or NO (x). If the answer is “ yes”, state: (a) charge; (b) plea; and (c)
disposition.
RESPONSE: Not applicable.
INTERROGATORY No. 37:
Do you have insurance coverage and/or PIP benefits under an application
policy or policies of automobile insurance? As to each such policy provide the name
and address of the insurance carrier, policy number, the named insured and attach a
copy of the declaration sheet.
If you are making a claim for property damage to a motor vehicle, provide
answers to the uniform interrogatories contained in Form B, questions 1 through 18.
RESPONSE: Yes. USAA CASUALTY INSURANCE COMPANY, 9800
Fredericksburg Road, San Antonio, Texas 78288. Policy No. 0257301 1005C710100.
PLEASE TAKE FURTHER NOTICE, that the plaintiff herein reserves the
right to supplement and/or amend these Interrogatories now or at any time prior to the
time of trial.
DATED: New York, New York
May 14,2021
hi
|, LLP
By
Jgh iel , Esq.
A orneys for laintiff
ERNESTO GUEVARA
420 Lexington Avenue, Suite 830
New York, NY 10170
(800) 555-5555
HUD-L-003253-20 06/02/2021 1:45:52 PM Pg 21 of 23 Trans ID: LCV20211347665
TO WILLIAM J. POLLINGER, P.A.
William J. Pollinger, Esq.
Attorneys for Defendant
USAA CASUALTY INSURANCE COMPANY
60 Court Street, Suite 2
Hackensack, NJ 07601
(201) 487-5666
HUD-L-003253-20 06/02/2021 1:45:52 PM Pg 22 of 23 Trans ID: LCV20211347665
CERTIFICATION
I hereby certify that the foregoing statements made by me in the attached
Amended Form A Interrogatories are true. | am aware that if any of the
foregoing statements made by me are willfully false, I am subject to
punishment for contempt of Court.
ee
iz
ERNESTO GUEVARA
ZzZ
HUD-L-003253-20 06/02/2021 1:45:52 PM Pg 23 of 23 Trans ID: LCV20211347665
Cellino Law LLP
John H. Shields, Esq. Id. No.036821983
420 Lexington Avenue, Suite 830
New York, New York 10170
800-555-5555
Attorneys for Plaintiff
Jnr anon pon npn ob bonne nnonitiioninniik
ERNESTO GUEVARA, SUPERIOR COURT OF NEW JERSEY LA\
DIVISION: HUDSON COUNTY
Plaintiff,
DOCKET NO.: HUD-L-003253-20
Vv.
CIVIL ACTION
USAA CASUALTY INSURNACE COMPANY
ABC CORPORATIONS (1-5), said names PROOF OF MAILING
a
being fictitious and JOHN DOES (1-5),
said names being fictitious
Defendants.
RISES IIS SIS III IOS IOI ONT INE be Ie
Diana Wright being duly sworn, deposes and say s that | am over 18 years of age, am
Not a party to the action and reside in Kings County, State of New York; and that on May 14,
2021 | served the within:
RESPONSE TO AMENDED FORM A INTERROGATORIES
TO William J. Pollinger Esq.
Law Offices William J. Pollinger, P.A.
60 Court Street, Suite #2
Hackensack, New Jersey 07601
that being the address designated for that purpose, by depositing same enclosed in a postpaid,-
properly addressed wrapper in the official depository maintained and exclusively controlled by
the United States Postal Department.
Liar?
Wb Diana Wright
Preview
HUD-L-003253-20 06/02/2021 1:45:52 PM Pg 1 of3 Trans ID: LCV20211347665 Law Offices William J Pollinger, P.A A Professional Corporation 60 Court Street Suite #2 Hackensack, New Jersey 07601 WilliamJ. Pollinger 201 487-5666 Fax: f 201 487-6335 Admitted NJ. and N.Y. Certified the Supreme william. ollinger@pollingerlaw.com Court of New Jersey as a iam.pollinger@verizon.net Civil Trial Attorney www.pollingerlaw.com June 2, 2021 Via e-Courts Clerk, Hudson County Administration Building-Room 105 595 Newark Avenue Jersey City, New Jersey 07306 Re Guevara v. USAA Docket No. HUD-L-3253-20 Our File No. D-22,144 Dear Sir/Madam: Enclosed find Notice of Motion, Certification of William J. Pollinger and proposed form of Order in the above captioned matter. Kindly file the Motion Please charge our Account No. 146084 $50.00 for the filing fee Yours very truly, WILLIAM J. POLLINGER, P.A. ! William J. Pollinger WUJP:rb Encl, ce: Cellino & Barnes-Attention: John H. Shields, Esq. Kimberly Espinales-Maloney, J.S.C. HUD-L-003253-20 06/02/2021 1:45:52 PM Pg 2 of3 Trans ID: LCV20211347665 WILLIAM J. POLLINGER, P.A. 60 Court Street Suite #2 Hackensack, New Jersey 07601 (201) 487-5666 Attorney ID # 253861969 Attorney for USAA Our File No. D-22,144 SUPERIOR COURT OF NEW JERSEY LAW DIVISION : HUDSON COUNTY DOCKET NO. HUD-L-3253-20 ERNESTO GUEVARA, ) Civil Action Plaintiff, ) NOTICE OF MOTION TO COMPEL ) INTERROGATORY RESPONSES Vv. ) AND EXPERT REPORTS USAA CASUALTY INSURANCE COMPANY, ) ABC CORPORATIONS (1-5) said names being ) fictitious and JOHN DOES (1-5) said names ) being fictitious, Defendants. To: John H. Shields, Esq. Cellino & Barnes, P.C 420 Lexington Avenue-Suite 2140 New York, N Y 10170 Attorneys for Plaintiff TAKE NOTICE that on June 25, 2021, at 9:00 a.m. or as soon thereafter as counsel may be heard, the undersigned, William J. Pollinger, P.A., attorneys for defendant, USAA Casualty Insurance Company, will apply to the Superior Court of New Jersey, Hudson County, located at, Jersey City, New Jersey, for an Order to compel interrogatory responses and expert reports. In support hereof, we shail rely upon the Certification of William J. Pollinger submitted herewith. It is respectfully requested that this matter be decided on the papers. Discovery End Date - October 16, 2021 HUD-L-003253-20 06/02/2021 1:45:52 PM Pg 3 of 3 Trans ID: LCV20211347665 The undersigned certifies that the within Motion was e-filed with the Clerk of Hudson County and a copy has been served upon each party in this matter via regular mail as follows: John H. Shields, Esq. Cellino Law, LLP 420 Lexington Avenue-Suite 830 New York, N Y 10170 Attorney for Plaintiff WILLIAM J. POLLINGER, P.A. Attorneys for USAA By: William J. Pollinger Dated: June 2, 2021 HUD-L-003253-20 06/02/2021 1:45:52 PM Pg 1 of1 Trans ID: LCV20211347665 WILLIAM J. POLLINGER, P.A. 60 Court Street Suite #2 Hackensack, New Jersey 07601 (201) 487-5666 Attorney ID # 253861969 Attorney for USAA Our File No. D-22,144 SUPERIOR COURT OF NEW JERSEY LAW DIVISION : HUDSON COUNTY DOCKET NO. HUD-L-3253-20 ERNESTO GUEVARA, Civil Action Plaintiff, ORDER V. USAA CASUALTY INSURANCE COMPANY, ABC CORPORATIONS (1-5) said names being fictitious and JOHN DOES (1-5) said names being fictitious, Defendants. This matter having been presented to the Court by William J. Pollinger, P.A., attorneys for Defendant, USAA Casualty Insurance Company, and the Court having considered all documents submitted, and for good cause shown, It is on this. day of, , 2021 ORDERED that plaintiff, Ernesto Guevara, shall provide specific responses for Interrogatories #8, #9, #10 (with a specific statement with respect to allegations of wage loss), #13 and #23. Further ordered that plaintiff shall sign all answers to interrogatories and Further ordered that plaintiff shall provide all experts reports by , 2021. HUD-L-003253-20 06/02/2021 1:45:52 PM Pg 1 of 23 Trans ID: LCV20211347665 WILLIAM J. POLLINGER, P.A. 60 Court Street Suite #2 Hackensack, New Jersey 07601 (201) 487-5666 Attorney ID # 253861969 Attorney for USAA Our File No. D-22,144 SUPERIOR COURT OF NEW JERSEY LAW DIVISION : HUDSON COUNTY DOCKET NO. HUD-L-3253-20 ERNESTO GUEVARA, ) Civil Action Plaintiff, ) CERTIFICATION OF ) WILLIAM J. POLLINGER Vv. ) USAA CASUALTY INSURANCE COMPANY, ABC CORPORATIONS (1-5) said names being ) fictitious and JOHN DOES (1-5) said names ) being fictitious, Defendants. William J. Pollinger certifies as follows: 1 lam an attorney at law of the State of New Jersey and am a member of the law firm of William J. Pollinger, P.A., and am fully familiar with this matter. 2 As the result of a Court Order dated April 26, 2021 (Exhibit A), plaintiff was to provide “full and complete more specific answers to interrogatories” within 30 days. 3 We did receive what plaintiff terms “Amended Response to Form A Interrogatories” on May 14, 2021; however, they were still grossly deficient in important respects. 4 A copy of those documents is attached hereto as Exhibit B. 5 As can be seen from these alleged more specific answers, they are deficient in the following respects: HUD-L-003253-20 06/02/2021 1:45:52 PM Pg 2 of 23 Trans ID: LCV20211347665 #8. There is no statement with respect to whether or not plaintiff is still being treated, where and how often or the nature of the treatment. #9, At depositions of the plaintiff held on May 25, 2021, he believed the accident of August 5, 2017, which is the subject matter of this case, aggravated his pre- existing injuries leading to pains in multiple areas of his body. As a result, a demand is made for a specific response to interrogatory #9 based upon this deposition testimony. #10. As can be seen from the answer, plaintiff has not indicated the amount of any wage loss which clearly can be easily computed base upon plaintiff's own allegations. #13. Plaintiff has not responded to the question at all. #23. Plaintiff has not provided the name of any expert nor provided any copies of any expert reports with respect to the claims made in this case. As indicated, plaintiffs deposition was held on May 25, 2021. At that time, he indicated continuing complaints and aggravation of his preexisting fibromyalgia. As a result, the need for experts is clear, both with respect to causation and permanency relating to the August 5, 2017 accident, which is the subject matter of this case, as well as with respect to an allocation as respects his pre-existing condition. Additionally, plaintiff, for the first time, alleged psychiatric injuries in his deposition. Accordingly, a report with respect to that claim is obviously important. 6 As a result of the above, it is respectfully requested that plaintiff be compelled to more specifically answer the interrogatories that were previously required to be answered as well as provide experts reports within a reasonable amount of time to be determined by the Court. I hereby certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are wilfully false, I am subject to punishment. Dated: June 2, 2021 William J. Pollinger HUD-L-003253-20 06/02/2021 1:45:52 PM Pg 3 of 23 Trans ID: LCV20211347665 HUD-L-003253-20 06/02/2021 1:45:52 PM Pg 4 of 23 Trans ID: LCV20211347665 WILLIAM J. POLLINGER, P.A. 60 Court Street Suite #2 Hackensack, New Jersey 07601 (201) 487-5666 Attorney ID # 253861969 Attorney for USAA Our File No. D-22,144 SUPERIOR COURT OF NEW JERSEY | LAW DIVISION: HUDSON COUNTY DOCKET NO. HUD-L-3253-20 ERNESTO GUEVARA, Civil Action Plaintiff, ORDER Vv. USAA CASUALTY INSURANCE COMPANY, ABC CORPORATIONS (1-5) said names being fictitious and JOHN DOES (1-5) said names being fictitious, Defendants. This matter having been presented to the Court by William J. Pollinger, P.A., attorneys for Defendant, USAA Casualty Insurance Company, and the Court having considered all documents submitted, and for good cause shown, It is on this 16% day of April 2021 ORDERED that plaintiff, Ernesto Guevara, shall provide full and complete more specific answers to interrogatories as specifically set forth in defendant's counsel's letter of J anuary 29, 2021, within 30 days from the date hereof. A copy of this order will be served on the parties electronically via eCourts within 7 days. Heer Epes Moly Hon. Kimberly Espinales-Maloney J. BS. The motion was unopposed. Motion granted pursuant to R. 4:17-5.. By HUD-L-003253-20 06/02/2021 1:45:52 PM Pg 5 of 23 Trans ID: LCV20211347665 Exhibit B HUD-L-003253-20 06/02/2021 1:45:52 PM Pg 6 of 23 Trans ID: LCV20211347665 CELLINO LAW, LLP 420 Lexington Avenue, Suite 830 New York, New York 10170 800-555-5555 Attorneys for Plaintiff FSIS EIST IOS ETOCS TOE TIC I III TIT IS III IRA ERNESTO GUEVARA, SUPERIOR COURT OF NEW JERSEY LAW DIVISION: Plaintiff, HUDSON COUNTY Vv DOCKET NO.: HUD-L-3253-20 USAA CASUALTY INSURANCE COMPANY, CIVIL ACTION ABC CORPORATIONS (1-5) said names being fictitious and JOHN DOES (1-5) said names AMEMDED RESPONSE TO FORM A being fictitious, INTERROGATORIES Defendants. FEISS SIO IOI IOC TIO I ITO I III II IT IIIA: Plaintiff, above-named, by his attorneys, CELLINO LAW, LLP, as and for his Response to Defendants, USAA CASUALTY INSURANCE COMPANY, Form A Interrogatories, states: INTERROGATORY NO. 1: Full name, present address and date of birth, Social Security number, and Medicare number, if applicable. If Medicare number is applicable, attach a copy of Medicare card. RESPONSE: Plaintiffs full name is Ernesto Guevara and he resides at 803 Liberty Avenue, North Bergen, New Jersey 07047. Plaintiff objects to the disclosure of his date of birth and Social Security number. Without waiving said objection, Plaintiffs date of birth is: March 12, 1969. Upon information and belief, plaintiff is not a Medicare recipient. The plaintiff reserves the right to supplement and/or amend the response to this demand as necessary and/or appropriate. A ' > S= HUD-L-003253-20 06/02/2021 1:45:52 PM Pg 7 of 23 Trans ID: LCV20211347665 INTERROGATORY NO. 2: Describe in detail your version of the accident or occurrence setting forth the date, location, time and weather. RESPONSE: The subject accident occurred at or near the intersection of Bergen Boulevard and Fairview Terrace in Ridgefield, New Jersey. INTERROGATORY NO. 3: Detailed description of nature, extent, and duration of any and all injuries. RESPONSE: Plaintiff sustained the following injuries in the subject accident and will further rely upon the medical records, reports and other discovery had herein: Cervical Spine: Neck pain; Cervical spine sprain/sprain; Cervical radiculopathy; C5-6 decreased sensation; C6-7 bulge; C6-7 disc derangement; Straightening of the cervical spine; Limited range of motion; Upper Extremities: - Non-displaced distal clavicular fracture (right); - Right shoulder sprain/strain; - Right shoulder pain; - Limited range of motion; Thoracic Spine: - Back pain; - Thoracic spine sprain/sprain; Limited range of motion; Lumbar Spine: - Back pain; - Lumbar spine sprain/sprain; - L2-5 bilateral facet tenderness; HUD-L-003253-20 06/02/2021 1:45:52 PM Pg 8 of 23 Trans ID :LCV20211347665 L3-4 annular tear and herniation; L4-5 disc derangement and bulge; L5-S1 decreased sensation; Straightening of the normal lordosis; Numbness; Stiffness; Tingling; Tightness; Lumbar radiculopathy; Limited range of motion; Lower Extremities: - Right hip pain; - Right foot pain; - Limited range of motion. Other: - Sleeplessness due to pain and discomfort. All of the above injuries were accompanied by tearing, irritation, and injury to the tendons, ligaments, muscles, blood vessels, cartilages, nerves and soft tissues of said areas, affected the blood supply of said areas, and were and continue to be accompanied by pain and limitation of motion. All of the above injuries are claimed to be permanent and progressive, except those of a superficial nature. The above indicated injuries were caused by the subject accident; however, to the extent that it may be determined or alleged that plaintiff sustained an aggravation of a pre-existing condition, plaintiff reserves the right to claim an aggravation and/or activation and/or precipitation of any previously asymptomatic and/or pre-existing and/or latent disease, defect and/or condition. Plaintiff continues to suffer from pain, discomfort and limitation of motion in the affected areas. As a result of the accident and the injuries herein sustained, plaintiff suffered a severe shock to his nervous system. The foregoing injuries impaired the general health of plaintiff. The foregoing injuries directly affected the bones, tendons, tissues, muscles, ligaments, nerves, blood vessels and soft tissue in and about the HUD-L-003253-20 06/02/2021 1:45:52 PM Pg 9 of 23 Trans ID: LCV20211347665 involved areas and sympathetic and radiating pains from all of which plaintiff suffered, still suffers, and may permanently suffer. Plaintiff may permanently suffer from the aforesaid injuries and from its effects upon his nervous system and may limit his activities. Plaintiff may be restricted in his normal life and activities and may permanently require medical and neurological care and attention. Due to the injuries, plaintiff was forced to undergo various treatment and diagnostic procedures including, but not limited to: Injections, MRIs, X-Rays, chiropractic therapy, home-based exercise therapy and taking prescribed pain and/or muscle relaxant medications. Plaintiff was and is unable to perform household chores and general outside household maintenance in the same manner as she could prior to the subject accident. Plaintiff was and is unable to participate, or participate in a limited way, in recreational and social activities. INTERROGATORY NO. 4: Detailed description of the injury or condition claimed to be permanent together with all present complaints. RESPONSE: Plaintiff refers defense counsel to the response to Interrogatory No. 3, supra. INTERROGATORY NO. 5: If confined to a hospital, state its name and address, dates of admission and discharge. HUD-L-003253-20 06/02/2021 1:45:52 PM Pg 10 of 23 Trans ID: LCV20211347665 RESPONSE: As a result of the injuries sustained in the subject accident and the subsequent treatment, plaintiff was intermittently confined depending upon the level of pain and discomfort and, when not confined, was forced to maintain drastically reduced and curtailed activities including, but not limited to, being unable to perform household chores and general outside household maintenance in the same manner as prior to the subject accident as well as being unable to participate, or participating in a limited way, in recreational and social activities. INTERROGATORY NO. 6: If any diagnostic tests were performed, state the type of test performed, name and address of place performed, date of each test performed and what each test disclosed. Attach a copy of the test results. RESPONSE: Plaintiff refers defense counsel to the response to Interrogatory No. 3, supra. The nature, type, location, dates and results of plaintiff's treatment can be obtained by a review of the medical records and physicians’ records and reports supplied to defendants’ counsel herewith as well as records obtained by defense through the use of the HIPAA compliant authorizations. INTERROGATORY NO. 7: If treated by any health care provider, state the name and present address of each health care provider, the dates and places where treatments were received and the date of last treatment. Attach true copies of all written reports provided to you by any such health care provider whom you propose to have testified on your behalf. RESPONSE: Plaintiff objects to same on the grounds of being overly broad and unduly burdensome. Notwithstanding this objection, the number and dates of treatment can be obtained by a review of the medical records and physicians’ reports supplied to defendants’ counsel herewith as well as records obtained by defense HUD-L-003253-20 06/02/2021 1:45:52 PM Pg 11 of 23 Trans ID: LCV20211347665 through the use of the HIPAA compliant authorizations. Plaintiff treated with the following medical providers for the injuries sustained in the subject incident: Holy Name Hospital Advanced Physical Medicine Center 690 Teaneck Road 222 Bergen Boulevard, Suite 8 Teaneck, NJ 07660 Fairview, NJ 07022 The Spine & Sports Hudson River Radiology Center Health Center 547 Summit Avenue East Coast Spine, Joint Jersey City, NJ 07306 and Sports Medicine 720 Monroe Street, Suite C208 East Orange Veterans Hospital Hoboken, NJ 07030 385 Tremont Avenue East Orange, NJ 07018 Hackensack Veteran's Clinic 385 Prospect Avenue Hackensack, NJ 07601 INTERROGATORY NO. 8: If still being treated, the name and address of each doctor or health care provider rendering treatment, where and how often treatment is received and the nature of the treatment. RESPONSE: Plaintiff refers defense counsel to the response to Interrogatory No. 7, supra. INTERROGATORY NO. 9: If a previous injury, disease, illness or condition is claimed to have been aggravated, accelerated or exacerbated, specify in detail the nature of each and the name and present address of each health care provider, if any, who ever provided treatment for the condition. RESPONSE: None. INTERROGATORY NO. 10: If employed at the time of the accident, state: (a) name and address of employer; (b) position held and nature of work performed; (c) average weekly wages for past year; (d) period of time lost from employment, giving dates; and (e) amount of wages lost, if any. HUD-L-003253-20 06/02/2021 1:45:52 PM Pg 12 of 23 Trans ID: LCV20211347665 RESPONSE: Spectrum 2554 Broadway, New York, New York 10025 Sales, $23.00per hour at 40 hours a week plus commissions and his employment ended February 2018 as plaintiff was disabled. He returned to employment at Spectrum in December, 2018 but at a different location in 41-61 Kissena Boulevard, Flushing, New York 11355 until June, 2019. He has not returned to work since June 2019.The amount being claimed has not yet been calculated. Upon information and belief, the lost wage claim will be supplemented upon completion of discovery. Plaintiff is receiving SSD beginning December 2020 retroactive to June 3, 2019. INTERROGATORY NO. 11: If there has been a return to employment or occupation, state: (a) name and address of present employer; (b) position held and nature of work performed; and (c) present weekly wages, earning, income or profit. RESPONSE: See response No. 10, supra. INTERROGATORY NO. 12: If other loss of income, profit or earnings is claimed: (a) state total amount of the loss; (b) give a complete detailed computation of the loss; and (c) state the nature and source of the loss of income, profit and earnings, and the dates of the deprivation. RESPONSE: See response No. 10, supra. INTERROGATORY No. 13: ltemize in complete detail any and all moneys expended or expenses incurred for hospitals, doctors, nurses, diagnostic tests or health care providers, x-rays, medicines, care and appliances and state the name and address of each payee and the amount paid and owed each payee. RESPONSE: The exact amount of plaintiff's medical expenditures are unknown at this time. It is expected that plaintiff may incur future medical expenses, the extent of which is not yet known. Plaintiff reserves the right to supplement and/or amend this response as necessary and/or appropriate. HUD-L-003253-20 06/02/2021 1:45:52 PM Pg 13 of 23 Trans ID: LCV20211347665 INTERROGATORY No. 14: ltemize any and all other losses or expenses incurred not otherwise set forth. RESPONSE: Plaintiff will seek to charge the defendant herein with an unliquidated sum for future medical expenses and/or lost wages, his inability to lead a normal life, permanency, pain and suffering and for those damages as alleged in the Complaint. INTERROGATORY No. 15: Identify all documents that may relate to this action and attach copies of each such document. RESPONSE: Plaintiff objects to same on the grounds of being overly broad and unduly burdensome. Notwithstanding this objection, included herewith are photocopies of all of plaintiff's incident related medical records currently within our possession. Any authorizations provided are to be used solely for the production of documents and any discussion with such provider is beyond the scope of the authorizations and strictly prohibited. Copies of all records obtained through the use of the authorizations should be provided to our office. INTERROGATORY No. 16: State the names and addresses of all eyewitnesses to the accident or occurrence, their relationship to you and their interest in this lawsuit. RESPONSE: This office is currently not aware of any such witnesses except for the individuals involved in said accident/action, their agents, servants and/or employees, any police or emergency personnel who may have responded to the scene, persons listed on the Accident Report, the health care providers listed in the medical records who witnessed the injuries sustained by the HUD-L-003253-20 06/02/2021 1:45:52 PM Pg 14 of 23 Trans ID: LCV20211347665 plaintiff and any and all other individuals whose identities may be discerned through an examination of the medical records, pleadings and proceedings had herein. INTERROGATORY No. 17: State the names and addresses of all persons who have knowledge of any facts relating to the case. RESPONSE: Plaintiff refers defense counsel to the response to Interrogatory No. 16. INTERROGATORY No. 18: lf any photographs, videotapes, audio tapes or other forms of electronic recording, sketches, reproductions, charts or maps were made with respect to anything that is relevant to the subject matter of the complaint, describe: (a) the number of each; (b) what each shows or contains; (c) the date taken or made; (d) the names and addresses of the persons who made them; (e) in whose possession they are at present; and (f) if in your possession, attach a copy, or if not subject to convenient copying, state the location where inspection and copying may take place. RESPONSE: We are not in possession of any photographs at this time. INTERROGATORY No. 19: If you claim that the defendant made any admissions as to the subject matter of this lawsuit, state: (a) the date made; (b) the name of the person by whom made; (c) the name and address of the person to whom made; (d) where made; (e) the name and address of each person present at the time the admission was made; (f) the contents of the admission; and (g) if in writing, attach a copy. RESPONSE: Unknown at this time. Plaintiff reserves the right to supplement and/or amend this response upon further discovery. INTERROGATORY No. 20: lf you or your representative and the defendant have had any oral communication concerning the subject matter of this lawsuit, state: (a) the date of the communication; (b) the name and address of each participant; (c) the name and address of each person present at the time of such communication; (d) where such HUD-L-003253-20 06/02/2021 1:45:52 PM Pg 15 of 23 Trans ID: LCV20211347665 communication took place; and (e) a summary of what was said by each party participating in the communication. RESPONSE: Unknown at this time. Plaintiff reserves the right to supplement and/or amend the response to this demand upon further discovery. INTERROGATORY No. 21: If you have obtained a statement from any person not a party to this action, state: (a) the name and present address of the person who gave the statement; (b) whether the statement was oral or in writing and if in writing, attach a copy; (c) the date the statement was obtained; (d) if such statement was oral, whether a tecording was made, and if so, the nature of the recording and the name and present address of the person who has custody of it; (e) if the statement was written, whether it was signed by the person making it; (f) the name and address of the person who obtained the statement; and (g) if the statement was oral, a detailed summary of its contents. RESPONSE: This office is not in possession nor aware of any such statements. INTERROGATORY No. 22: If you claim that the violation of any statute, rule, regulation or ordinance is a factor in this litigation, state the exact title and section. RESPONSE: Plaintiff will rely upon each and every statute, ordinance, rule, law and regulation violated by the offending motorist who defendant sits in the shoes including but not limited to NJSA 39:4-89. Plaintiff will rely upon the charge of the trial judge with respect to every statute, ordinance, rule, law and regulation violated by the defendants. Plaintiff has not yet had the opportunity to conduct discovery. If specific Statutory violations are uncovered during the course of discovery, this paragraph will be supplemented. INTERROGATORY No. 23: State the names and addresses of any and all proposed expert witnesses. Set forth in detail the qualifications of each expert named and attach a copy of each expert's current resume. Also attach true copies of all written reports provided to you by HUD-L-003253-20 06/02/2021 1:45:52 PM Pg 16 of 23 Trans ID: LCV20211347665 any such proposed expert witnesses. With respect to all expert witnesses, including treating physicians, who are expected to testify at trial and with respect to any person who has conducted an examination pursuant to Rule 4:19, who may testify, state each such witness's name, address and area of expertise and attach a true copy of all written reports provided to you. If a report is not written, supply a summary of any oral report provided to you. State the subject matter on which your experts are expected to testify. State the substance of the facts and opinions to which your experts are expected to testify and a summary of the grounds for each opinion. RESPONSE: Plaintiff objects to same as it requires plaintiff to disclose information to which the defense is not entitled to obtain at this time. Notwithstanding this objection, at this time, no determination has been made with Tegard to the use of expert testimony at the time of trial other than plaintiffs treating physicians who will testify as to the care and treatment provided to the plaintiff and the causal relationship between the incident and the injuries for which treatment was rendered. Plaintiff reserves the right to call one or more of the treating physicians to testify as to the diagnosis, treatment and prognosis of the injuries as contained in the medical records provided. We acknowledge the on-going nature of this demand and, should expert witnesses be retained, physician or otherwise, you will be provided with proper expert disclosure. INTERROGATORY No. 24: State whether you have ever been convicted of a crime. YES () NO (X) If the answer is "yes", state: (a) date; (b) place; and (c) nature. RESPONSE: No. INTERROGATORY No. 25: State on what street, highway, road or other place (designate which) and in what general direction (north, south, east or west) your vehicle was proceeding immediately prior to the collision. (You may include a sketch for greater clarity.) HUD-L-003253-20 06/02/2021 1:45:52 PM Pg 17 of 23 Trans ID: LCV20211347665 RESPONSE: Said information can be located within the New Jersey Police Crash Investigation Report, a copy of which has been provided to you within discovery responses. Plaintiff was stopped in traffic going south on Bergen Boulevard and was struck in the rear forcing his car to strike the motor vehicle in front of him. INTERROGATORY No. 26: With respect to fixed objects at the location of the collision, state as nearly as possible the point of impact. If you included a sketch, place an X thereon to denote the point of impact. (Note: The term “point of impact” as used in this and other questions has reference to the exact point on the street, highway, road or other place where the vehicles collided or where any pedestrian was struck.) RESPONSE: See response No. 25, supra. INTERROGATORY No. 27: State whether there were any traffic control devices, signs or police officers at or neat the place of the collision. If there were, describe them (ie., traffic lights, stop sign, police officers, etc.) and state the exact location of each. RESPONSE: See response No. 25, supra. There may have been a traffic light which stopped traffic at the time of the occurrence. INTERROGATORY No. 28: If you content that there was a malfunction of a motor vehicle or equipment, state: (a) make, model and year of the motor vehicle and whether or not that vehicle was equipped with power brakes and steering; (b) the nature of the malfunction; (c) the date the motor vehicle was purchased and the name and address of the person from who the motor vehicle was purchased; (d) the date that the portion of the motor vehicle in which the malfunction occurred was last inspected and the name and address of the person inspecting same; (e) the last date prior to the accident that the portion of the motor vehicle was repaired or replaced, the nature and extent of the repairs, the names and address of the person repairing or replacing same; (f) if the motor vehicle was repaired after the accident, state the name and address of the person repairing same and that nature of the repairs; and (g) attach a copy of any repair bills. HUD-L-003253-20 06/02/2021 1:45:52 PM Pg 18 of 23 Trans ID: LCV20211347665 RESPONSE: Not applicable. INTERROGATORY No. 29: If the collision occurred at an uncontrolled intersection, state: (a) which vehicle entered the intersection first; (b) whether your vehicle came to a full stop before entering ‘the intersection; and (c) if your vehicle did not come to a full stop before entering the intersection, state the speed of your vehicle when it entered the intersection. RESPONSE: See response No. 27, supra. INTERROGATORY No. 30: For each other vehicle or pedestrian collided with, state, at the time you first observed the other vehicle or pedestrian, (a) your speed and (b) the speed of the other vehicle or the movement, if any, of the pedestrian, and the distance in feet between (c) the front of your vehicle and the point of impact; (d) the front of the other vehicle or pedestrian and the point of impact, and (e) the front of your vehicle and the other vehicle or pedestrian. RESPONSE: Said information can be located within the New Jersey Police Crash Investigation Report, a copy of which has been provided to you within discovery responses. Plaintiff was stopped in traffic on Bergen Boulevard and was struck in the rear forcing his car to strike the motor vehicle in front of him. The distance between the front of plaintiff vehicle and the car in front of him he could not estimate or approximately without guessing. INTERROGATORY No. 31: State where each vehicle came to rest after the impact. Include the distance in terms of feet from the point of impact to the point where each vehicle came to rest. RESPONSE: See response No. 25, supra. The motor vehicle came to rest going south on Bergen Boulevard The distance between the front of the HUD-L-003253-20 06/02/2021 1:45:52 PM Pg 19 of 23 Trans ID: LCV20211347665 offending motorist and the rear of plaintiff vehicle and the front of plaintiff ‘s vehicle and the car in front of him he could not estimate or approximately without guessing. INTERROGATORY No. 32: For each other vehicle or pedestrian involved, state (a) which part of your vehicle; and (b) which part of the other vehicle or pedestrian came into contact. RESPONSE: See response No. 25, supra. The motor front of the offending motorist struck the rear of plaintiff vehicle and the front of plaintiff ‘s vehicle came in contact with the rear of the car in front of him. INTERROGATORY No. 33: State the following facts with respect to the collision: (a) time; (b) condition of weather; (c) condition of visibility; and (d) condition of roadway. RESPONSE: See response No. 2, supra. Plaintiff does not recall the weather conditions but believes it was clear and the roads were dry and the time of day was late in the day before the sun went down. INTERROGATORY No. 34: For each other vehicle or pedestrian involved, state whether you observed the vehicle or pedestrian prior to the accident? YES (x) or NO (). If the answer is “yes,” set forth the time that elapsed from the time you first saw the vehicle or pedestrian until the impact occurred. RESPONSE: See response No. 25, supra. Plaintiff was stopped in traffic and could not move his car and saw the offending motorist vehicle just before impact. INTERROGATORY No. 35: At the time of the impact, state the speeds of all vehicles involved in the collision. HUD-L-003253-20 06/02/2021 1:45:52 PM Pg 20 of 23 Trans ID: LCV20211347665 RESPONSE: See response No. 25, supra. Both plaintiff motor vehicle and the motor vehicle in front of him were stopped. Plaintiff cannot estimate the speed of the offending motorist without guessing. INTERROGATORY No. 36: Were you charged with a motor vehicle violation as a result of the collision? YES () or NO (x). If the answer is “ yes”, state: (a) charge; (b) plea; and (c) disposition. RESPONSE: Not applicable. INTERROGATORY No. 37: Do you have insurance coverage and/or PIP benefits under an application policy or policies of automobile insurance? As to each such policy provide the name and address of the insurance carrier, policy number, the named insured and attach a copy of the declaration sheet. If you are making a claim for property damage to a motor vehicle, provide answers to the uniform interrogatories contained in Form B, questions 1 through 18. RESPONSE: Yes. USAA CASUALTY INSURANCE COMPANY, 9800 Fredericksburg Road, San Antonio, Texas 78288. Policy No. 0257301 1005C710100. PLEASE TAKE FURTHER NOTICE, that the plaintiff herein reserves the right to supplement and/or amend these Interrogatories now or at any time prior to the time of trial. DATED: New York, New York May 14,2021 hi |, LLP By Jgh iel , Esq. A orneys for laintiff ERNESTO GUEVARA 420 Lexington Avenue, Suite 830 New York, NY 10170 (800) 555-5555 HUD-L-003253-20 06/02/2021 1:45:52 PM Pg 21 of 23 Trans ID: LCV20211347665 TO WILLIAM J. POLLINGER, P.A. William J. Pollinger, Esq. Attorneys for Defendant USAA CASUALTY INSURANCE COMPANY 60 Court Street, Suite 2 Hackensack, NJ 07601 (201) 487-5666 HUD-L-003253-20 06/02/2021 1:45:52 PM Pg 22 of 23 Trans ID: LCV20211347665 CERTIFICATION I hereby certify that the foregoing statements made by me in the attached Amended Form A Interrogatories are true. | am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment for contempt of Court. ee iz ERNESTO GUEVARA ZzZ HUD-L-003253-20 06/02/2021 1:45:52 PM Pg 23 of 23 Trans ID: LCV20211347665 Cellino Law LLP John H. Shields, Esq. Id. No.036821983 420 Lexington Avenue, Suite 830 New York, New York 10170 800-555-5555 Attorneys for Plaintiff Jnr anon pon npn ob bonne nnonitiioninniik ERNESTO GUEVARA, SUPERIOR COURT OF NEW JERSEY LA\ DIVISION: HUDSON COUNTY Plaintiff, DOCKET NO.: HUD-L-003253-20 Vv. CIVIL ACTION USAA CASUALTY INSURNACE COMPANY ABC CORPORATIONS (1-5), said names PROOF OF MAILING a being fictitious and JOHN DOES (1-5), said names being fictitious Defendants. RISES IIS SIS III IOS IOI ONT INE be Ie Diana Wright being duly sworn, deposes and say s that | am over 18 years of age, am Not a party to the action and reside in Kings County, State of New York; and that on May 14, 2021 | served the within: RESPONSE TO AMENDED FORM A INTERROGATORIES TO William J. Pollinger Esq. Law Offices William J. Pollinger, P.A. 60 Court Street, Suite #2 Hackensack, New Jersey 07601 that being the address designated for that purpose, by depositing same enclosed in a postpaid,- properly addressed wrapper in the official depository maintained and exclusively controlled by the United States Postal Department. Liar? Wb Diana Wright