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Filing # 176039086 E-Filed 06/23/2023 04:26:37 PM
IN THE CIRCUIT COURT OF THE 4TH JUDICIAL CIRCUIT
IN AND FOR DUVAL COUNTY, FLORIDA
FRANCES MARIE MOORE, CASE NO: 16-2023-CA-007304-XXXX-MA
Plaintiff,
vs.
WINN-DIXIE STORES, INC.,
Defendant.
________________________________/
DEFENDANT, WINN-DIXIE’S, NOTICE OF SERVING INTERROGATORIES
TO PLAINTIFF
Defendant, WINN-DIXIE STORES, INC, by and through undersigned counsel,
propounds the attached Interrogatories to the Plaintiff, FRANCES MARIE MOORE, to be
answered in writing, under oath, within thirty (30) days pursuant to Rule 1.340, Fla.R.Civ.P. as
follows:
CERTIFICATE OF SERVICE
WE HEREBY CERTIFY that a true and correct copy of the above and foregoing has been
furnished by email through the e-filing portal to: Joshua Frisbie, Esquire, MORGAN &
MORGAN, P.A., Attorneys for Plaintiff, jfrisbie@forthepeople.com,
Morganservice@forthepeople.com, and any those on the E-Filing Service List, this 23rd day of
June, 2023.
TOPKIN & PARTLOW, P.L.
Attorneys for Defendant, Winn-Dixie
1166 W. Newport Center Dr., Ste. 309
Deerfield Beach, Florida 33442
(954) 422-8422 Telephone
(954) 422-5455 Facsimile
stopkin@topkinlaw.com
chansen@topkinlaw.com
By: _/s/ Sanford R. Topkin____
SANFORD R. TOPKIN
FBN: 948070
ACCEPTED: DUVAL COUNTY, JODY PHILLIPS, CLERK, 06/24/2023 07:22:37 PM
INTERROGATORIES TO PLAINTIFF
1. What is the name and address of the person answering these interrogatories, and, if
applicable, the person’s official position or relationship with the party to whom the interrogatories
are directed?
2. List the names, business addresses, dates of employment and rates of pay regarding
all employers, including self-employment, for whom you have worked in the past ten (10) years.
3. List all former names and when you were known by those names. State all
addresses where you have lived for the past ten (10) years, the dates you lived at each address,
your social security number, your date of birth, and if you are or have ever been married, the name
of your spouse or spouses, and date(s) of marriage.
4. Do you wear glasses, contact lenses or hearing aids? If so, who prescribed them;
when were they prescribed; when were your eyes or ears last examined; and what is the name and
address of the examiner?
5. Have you ever been convicted of a crime, other than any juvenile adjudication,
which under the law under which you were convicted was punishable by death or imprisonment
in excess of one year, or that involved dishonesty or a false statement regardless of the punishment?
If so, state as to each conviction, the specific crime, the date and the place of conviction.
6. Were you suffering from physical infirmity, disability, or sickness at the time of
the incident described in the complaint? If so, what was the nature of the infirmity, disability, or
sickness?
7. Did you consume any alcoholic beverages or take any drugs or medication within
twelve hours before the time of the incident described in the Complaint? If so, state the type and
amount of alcoholic beverages, drugs or medication which were consumed and when and where
you consumed them.
8. Describe in detail how the incident described in the complaint happened, including
all actions taken by you to prevent the incident.
9. Describe in detail each act or omission on the part of any party to this lawsuit that
you contend constituted negligence that was a contributing legal cause of the incident in question.
10. Were you charged with any violation of law (including any regulations or
ordinances) arising out of the incident described in the complaint? If so, what was the nature of
the charge; what plea or answer, if any, did you enter to the charge; what court or agency heard
the charge; was any written report prepared by anyone regarding this charge, and, if so, what is
the name and address of the person or entity that prepared the report; and was the testimony at
any trial, hearing, or other proceeding on the charge recorded in any manner, and, if so, what is
the name and address of the person who recorded the testimony?
11. Describe each injury for which you are claiming damages in this case, specifying
the part of your body that was injured, the nature of the injury, and as to any injuries you contend
are permanent, the effects on you that you claim are permanent.
12. List each item of expense or damage, other than loss of income or earning capacity,
that you claim to have incurred as a result of the incident described in the Complaint, giving for
each item the date incurred, the name and business address to whom each was paid or is owed,
and the goods or services for which each was incurred.
13. Do you contend that you have lost any income, benefits, or earning capacity in the
past or future as a result of the incident described in the Complaint? If so, state the nature of the
income, benefits, or earning capacity, and the amount lost, the period during which it was lost,
and the method that you used in computing the amount.
14. Has anything been paid or is anything payable from any third party for the damages
listed in your answers to these interrogatories? If so, state the amounts paid or payable, the name
and business address of the person or entity who paid or owes said amounts, and which of those
third parties have or claim a right of subrogation. Identify which expenses are covered by
insurance, what type of insurance and who paid the premium for the insurance.
15. List the names and business addresses of each physician who has treated or
examined you, and each medical facility where you have received any treatment or examination
for the injuries for which you seek damages in this case; and state as to each the date of treatment
or examination and the injury or condition for which you were examined or treated.
16. List the names and business addresses of all other physicians, medical facilities or
other health care providers by whom or at which you have been examined or treated in the past
ten (10) years; and state as to each the dates of examination or treatment and the condition or
injury for which you were examined or treated.
17. List the names and addresses of all persons who are believed or known by you, your
agents, or your attorneys to have any knowledge concerning any of the issues in this lawsuit; and
specify the subject matter about which the witness has knowledge.
18. Have you heard or do you know about any statement or remark made by or on
behalf of any party to this lawsuit, other than yourself, concerning any issue in this lawsuit? If so,
state the name and address of each person who made the statement or statements, the name and
address of each person who heard it, and the date, time, place, and substance of each statement.
19. State the name and address of every person known to you, your agents, or attorneys,
who has knowledge about, or possession, custody or control of any model, plat, map, drawing,
motion picture, video tape, photograph or documents pertaining to any facts or issue involved in
this controversy; and describe as to each, what such person has, the name and address of the
person who took or prepared it, and the date it was taken or prepared.
20. Do you intend to call any expert witnesses at the trial of this case? If so, state as to
each such witness the name and business address of the witness, the witness’s qualifications as
an expert, the subject matter upon which the expert is to testify, the substance of the facts and
opinions to which the witness is expected to testify, and a summary of the grounds for each
opinion.
21. Have you made an agreement with anyone that would limit that party’s liability to
anyone for any of the damages sued upon in this case? If so, state the terms of the agreement and
the parties to it.
22. Please state if you have ever been a party, either plaintiff or defendant, in a lawsuit
other than the present matter, and, if so, state whether you were plaintiff or defendant, the nature
of the action, and the date and court in which suit was filed.
23. List all accidents of any kind that you have been involved in prior to the accident
sued upon, if in an automobile accident, whether as a driver or passenger, state the date and
location of each such accident, whether you were injured and, if so, describe your injuries, the
names and addresses of any physicians or medical/health care facilities that treated you after such
accident; whether you took time off from work because of the accident, the name and address of
your employer at the time of the accident, if an automobile accident, state the names and addresses
of the drivers and passengers involved.
24. List all accidents of any kind that you have been involved in subsequent to the
accident in suit, if an automobile accident, whether as a driver or passenger, state the date and
location of each such accident, whether you were injured and, if so, describe your injuries, the
names and addresses of any physicians or medical/health care facilities that treated you after such
accident; whether you took time off from work because of the accident, the name and address of
your employer at the time of the accident, if an automobile accident, state the names and addresses
of the drivers and passengers involved.
25. List the names, addresses and telephone numbers of all health insurers that have
covered you during the past ten (10) years, including the group and individual policy numbers for
each.
26. Did Plaintiff enter into any Letters of Protection or similar agreements related to
the rendering of medical care or services arising from this incident. If so, please state the
following:
a. Name, address, and telephone number of each physician and medical
practice.
JURAT PAGE
____________________________________
FRANCES MARIE MOORE
STATE OF FLORIDA )
) ss:
COUNTY OF ___________ )
The foregoing instrument was acknowledged before me this ____ day of ______________,
2023, by FRANCES MARIE MOORE, who is personally known to me or who has produced
______________________________ for identification and who did (did not) take an oath and
after being duly sworn deposes and says that the attached Answers to Interrogatories are true and
correct to the best of her knowledge, information and belief.
______________________________
Notary Public
______________________________
Print Name
My Commission Expires:
{Seal}
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Filing # 176039086 E-Filed 06/23/2023 04:26:37 PM IN THE CIRCUIT COURT OF THE 4TH JUDICIAL CIRCUIT IN AND FOR DUVAL COUNTY, FLORIDA FRANCES MARIE MOORE, CASE NO: 16-2023-CA-007304-XXXX-MA Plaintiff, vs. WINN-DIXIE STORES, INC., Defendant. ________________________________/ DEFENDANT, WINN-DIXIE’S, NOTICE OF SERVING INTERROGATORIES TO PLAINTIFF Defendant, WINN-DIXIE STORES, INC, by and through undersigned counsel, propounds the attached Interrogatories to the Plaintiff, FRANCES MARIE MOORE, to be answered in writing, under oath, within thirty (30) days pursuant to Rule 1.340, Fla.R.Civ.P. as follows: CERTIFICATE OF SERVICE WE HEREBY CERTIFY that a true and correct copy of the above and foregoing has been furnished by email through the e-filing portal to: Joshua Frisbie, Esquire, MORGAN & MORGAN, P.A., Attorneys for Plaintiff, jfrisbie@forthepeople.com, Morganservice@forthepeople.com, and any those on the E-Filing Service List, this 23rd day of June, 2023. TOPKIN & PARTLOW, P.L. Attorneys for Defendant, Winn-Dixie 1166 W. Newport Center Dr., Ste. 309 Deerfield Beach, Florida 33442 (954) 422-8422 Telephone (954) 422-5455 Facsimile stopkin@topkinlaw.com chansen@topkinlaw.com By: _/s/ Sanford R. Topkin____ SANFORD R. TOPKIN FBN: 948070 ACCEPTED: DUVAL COUNTY, JODY PHILLIPS, CLERK, 06/24/2023 07:22:37 PM INTERROGATORIES TO PLAINTIFF 1. What is the name and address of the person answering these interrogatories, and, if applicable, the person’s official position or relationship with the party to whom the interrogatories are directed? 2. List the names, business addresses, dates of employment and rates of pay regarding all employers, including self-employment, for whom you have worked in the past ten (10) years. 3. List all former names and when you were known by those names. State all addresses where you have lived for the past ten (10) years, the dates you lived at each address, your social security number, your date of birth, and if you are or have ever been married, the name of your spouse or spouses, and date(s) of marriage. 4. Do you wear glasses, contact lenses or hearing aids? If so, who prescribed them; when were they prescribed; when were your eyes or ears last examined; and what is the name and address of the examiner? 5. Have you ever been convicted of a crime, other than any juvenile adjudication, which under the law under which you were convicted was punishable by death or imprisonment in excess of one year, or that involved dishonesty or a false statement regardless of the punishment? If so, state as to each conviction, the specific crime, the date and the place of conviction. 6. Were you suffering from physical infirmity, disability, or sickness at the time of the incident described in the complaint? If so, what was the nature of the infirmity, disability, or sickness? 7. Did you consume any alcoholic beverages or take any drugs or medication within twelve hours before the time of the incident described in the Complaint? If so, state the type and amount of alcoholic beverages, drugs or medication which were consumed and when and where you consumed them. 8. Describe in detail how the incident described in the complaint happened, including all actions taken by you to prevent the incident. 9. Describe in detail each act or omission on the part of any party to this lawsuit that you contend constituted negligence that was a contributing legal cause of the incident in question. 10. Were you charged with any violation of law (including any regulations or ordinances) arising out of the incident described in the complaint? If so, what was the nature of the charge; what plea or answer, if any, did you enter to the charge; what court or agency heard the charge; was any written report prepared by anyone regarding this charge, and, if so, what is the name and address of the person or entity that prepared the report; and was the testimony at any trial, hearing, or other proceeding on the charge recorded in any manner, and, if so, what is the name and address of the person who recorded the testimony? 11. Describe each injury for which you are claiming damages in this case, specifying the part of your body that was injured, the nature of the injury, and as to any injuries you contend are permanent, the effects on you that you claim are permanent. 12. List each item of expense or damage, other than loss of income or earning capacity, that you claim to have incurred as a result of the incident described in the Complaint, giving for each item the date incurred, the name and business address to whom each was paid or is owed, and the goods or services for which each was incurred. 13. Do you contend that you have lost any income, benefits, or earning capacity in the past or future as a result of the incident described in the Complaint? If so, state the nature of the income, benefits, or earning capacity, and the amount lost, the period during which it was lost, and the method that you used in computing the amount. 14. Has anything been paid or is anything payable from any third party for the damages listed in your answers to these interrogatories? If so, state the amounts paid or payable, the name and business address of the person or entity who paid or owes said amounts, and which of those third parties have or claim a right of subrogation. Identify which expenses are covered by insurance, what type of insurance and who paid the premium for the insurance. 15. List the names and business addresses of each physician who has treated or examined you, and each medical facility where you have received any treatment or examination for the injuries for which you seek damages in this case; and state as to each the date of treatment or examination and the injury or condition for which you were examined or treated. 16. List the names and business addresses of all other physicians, medical facilities or other health care providers by whom or at which you have been examined or treated in the past ten (10) years; and state as to each the dates of examination or treatment and the condition or injury for which you were examined or treated. 17. List the names and addresses of all persons who are believed or known by you, your agents, or your attorneys to have any knowledge concerning any of the issues in this lawsuit; and specify the subject matter about which the witness has knowledge. 18. Have you heard or do you know about any statement or remark made by or on behalf of any party to this lawsuit, other than yourself, concerning any issue in this lawsuit? If so, state the name and address of each person who made the statement or statements, the name and address of each person who heard it, and the date, time, place, and substance of each statement. 19. State the name and address of every person known to you, your agents, or attorneys, who has knowledge about, or possession, custody or control of any model, plat, map, drawing, motion picture, video tape, photograph or documents pertaining to any facts or issue involved in this controversy; and describe as to each, what such person has, the name and address of the person who took or prepared it, and the date it was taken or prepared. 20. Do you intend to call any expert witnesses at the trial of this case? If so, state as to each such witness the name and business address of the witness, the witness’s qualifications as an expert, the subject matter upon which the expert is to testify, the substance of the facts and opinions to which the witness is expected to testify, and a summary of the grounds for each opinion. 21. Have you made an agreement with anyone that would limit that party’s liability to anyone for any of the damages sued upon in this case? If so, state the terms of the agreement and the parties to it. 22. Please state if you have ever been a party, either plaintiff or defendant, in a lawsuit other than the present matter, and, if so, state whether you were plaintiff or defendant, the nature of the action, and the date and court in which suit was filed. 23. List all accidents of any kind that you have been involved in prior to the accident sued upon, if in an automobile accident, whether as a driver or passenger, state the date and location of each such accident, whether you were injured and, if so, describe your injuries, the names and addresses of any physicians or medical/health care facilities that treated you after such accident; whether you took time off from work because of the accident, the name and address of your employer at the time of the accident, if an automobile accident, state the names and addresses of the drivers and passengers involved. 24. List all accidents of any kind that you have been involved in subsequent to the accident in suit, if an automobile accident, whether as a driver or passenger, state the date and location of each such accident, whether you were injured and, if so, describe your injuries, the names and addresses of any physicians or medical/health care facilities that treated you after such accident; whether you took time off from work because of the accident, the name and address of your employer at the time of the accident, if an automobile accident, state the names and addresses of the drivers and passengers involved. 25. List the names, addresses and telephone numbers of all health insurers that have covered you during the past ten (10) years, including the group and individual policy numbers for each. 26. Did Plaintiff enter into any Letters of Protection or similar agreements related to the rendering of medical care or services arising from this incident. If so, please state the following: a. Name, address, and telephone number of each physician and medical practice. JURAT PAGE ____________________________________ FRANCES MARIE MOORE STATE OF FLORIDA ) ) ss: COUNTY OF ___________ ) The foregoing instrument was acknowledged before me this ____ day of ______________, 2023, by FRANCES MARIE MOORE, who is personally known to me or who has produced ______________________________ for identification and who did (did not) take an oath and after being duly sworn deposes and says that the attached Answers to Interrogatories are true and correct to the best of her knowledge, information and belief. ______________________________ Notary Public ______________________________ Print Name My Commission Expires: {Seal}