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Filing # 149452649 E-Filed 05/12/2022 11:07:22 AM
IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT
IN AND FOR OSCEOLA COUNTY, FLORIDA
CIVIL DIVISION
CHARLES A. ANDERSON, III,
Plaintiff ,
CASE NO.: 2021-CA-3164-AN
vs.
DIVISION: 20
THE ESTATE OF KENNETH ELTON NICHOLLS,
SCI SHARED RESOURCES, LLC.
a Foreign Corporation, and
S. E. CEMETERIES OF FLORIDA, LLC
a Florida Limited Liability Company d/b/a
GLEN HAVEN MEMORIAL PARK,
Defendants.
/
NOTICE OF SERVING INTERROGATORIES TO DEFENDANT,
SCI SHARED RESOURCES, LLC
COMES NOW, Plaintiff, CHARLES A. ANDERSON, III by and through the undersigned
counsel, propounds the attached Interrogatories to be answered, under oath, by the Defendant, SCI
SHARED RESOURCES, LLC, within forty five (45) days from the date of service hereof,
pursuant to Rule 1.340, Florida Rules of Civil Procedure.
I HEREBY CERTIFY that the original and one copy of the attached Interrogatories has
been furnished to the Defendant with the Summons and Complaint.
Respectfully Submitted,
DARRIGO & DIAZ, P.A.
NADINE S. DIAZ, ESQ.
Florida Bar No. 0754889
WALTER L. GRANTHAM, JR., ESQ.
Florida Bar No. 0705322
4504 North Armenia Avenue
Tampa, Florida 33603
(813) 877-5548
(813) 877-8829 (fax)
mail@ddlawtampa.com
Attorney for Plaintiff
EXPLANATION OF TERMS
1. “You or Your” - refers to Defendant, SCI SHARED RESOURCES, LLC, its agents,
employees, representatives and all other persons acting on its behalf or at its request.
Your response to these Interrogatories must reflect and contain the knowledge of all
persons embraced by the term “Defendant” or the terms “you” or “your.”
2. Person - refers to any corporation, individual, joint venture, partnership, group,
association, government agency, or any other identifiable entity.
3. Communication - refers to the transmission, transfer, or receipt of information in any
form, by any means, in any manner at any time or place, under any circumstances
whatsoever.
4. Document or Documents - refers to writings, letters, telegrams, memoranda, recorded
recollections of conferences or telephone conversations, reports, studies, lists, any written
compilation of data, papers, books, records, contracts, drawings, photographs, mechanical
or electronic recordings in any form, and all other identifiable objects upon which any
inscription, handwriting, typing, printing, drawing, representation by any means, whether,
magnetic, electrical, photostatic, or any other form of communication is recorded,
reproduced, perpetuated, maintained or preserved. These terms similarly embrace the
reproduction or copies of the foregoing.
5. Identify a Document - refers to the requirement that the identity of the person preparing
the document be disclosed, the identity of all persons signing, issuing an/or attesting to
such document be disclosed, the identity of addressees or distributes be disclosed, the
nature, contents and/or substance of the document be disclosed with sufficient
particularity so as to enable identification, the date which the document bears must be
disclosed and, in the event the document bears no date, a disclosure of fact together with
the date upon which such document was prepared, a disclosure of the physical location of
the document together with the names and addresses of the custodian or custodians of the
documents.
6. Identify a Person - when employed with regard to a natural person, it refers to the name of
such person, the present or last known address of such person, the name and address of
such person’s employer and the position of employment held by such person. When the
clause “identify person” is employed with reference to a person not an individual, such
term shall require the name and principal office of such person, the date and place of
incorporation, if applicable, and such other information as necessary to identify, locate
and/or communicate with such person.
7. Defendant - As used herein, “Defendant” shall refer to SCI SHARED
RESOURCES, LLC.
8. 2008 Ford F250 – The 2008 Ford F250 motor vehicle identified in the instant
Amended Complaint by VIN# 1FTNF20518EE35894.
INSTRUCTIONS FOR USE
A. All information is to be divulged which is in the possession of the individual parties, their
attorney, investigators, agents, employees or other representatives of the named parties
and their attorney.
B. If you lack the information necessary to answer any of the Interrogatories, describe the
specific efforts made by you or anyone on Defendant’s behalf to ascertain the information
and state as definitely as possible when you anticipate obtaining the information and
supplementing your response.
INTERROGATORIES TO DEFENDANT, SCI SHARED RESOURCES, LLC
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. Describe any and all policies of insurance which you contend cover or may cover you for
the allegations set forth in Plaintiff's Amended Complaint, detailing as to such policies:
the name of the insurer, number of the policy, the effective dates of the policy, the
available limits of liability, and the name and address of the custodian of the policy. This
response shall comply with Fla. Stat. §627.4137 which requires mandatory insurance
disclosure of insurance regardless whether the policy is an excess, umbrella, underlying,
CGL or any other form of insurance. Gira v. Wolfe, 115 So.3d 414 (Fla. 2nd DCA 2013).
3. Describe in detail how you believe the incident described in the complaint happened,
including listing of all people who have provided you with either statements, items
and/or documents that is in support of how you believe the incident described in the
Amended Complaint occurred. Further please list the full name and address of all
people responsive to this interrogatory, including any records custodians of any
responsive documents or items.
4. List the names and addresses of all persons who are believed or known by you, your
agents or attorneys to have any knowledge concerning any of the issues in this lawsuit;
and specify the subject matter about which the witness has knowledge.
5. 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.
6. State the facts upon which you rely for each affirmative defense in your answer.
7. Do you contend any person or entity other than you is, or may be, liable in whole or part,
for the claims asserted against you in this lawsuit? If so, state the full name and address
of each such person or entity, the legal basis for your contention, the facts or evidence
upon which your contention is based, and whether or not you have notified each such
person or entity of your contention.
8. At the time of the incident described in the Amended Complaint, did you own, lease, rent
or otherwise have possession of the 2008 Ford F250 identified by VIN#
1FTNF20518EE35894? If so, please state your ownership or possessory interest, and
when was that interest acquired? Please identify the custodial of records for documents
that would establish the ownership or possessory interest.
9. At the time of the incident described in the Amended Complaint was Kenneth Elton
Nicholls driving the 2008 Ford F250 with permission? Was Kenneth Elton Nicholls in
the course and scope of his employment with SCI SHARED RESOURCES, and/or
otherwise furthering the business interests of SCI SHARED RESOURCES.
10. At the time of the incident described in the Amended Complaint, please list all occupants
of the 2008 Ford F250, including their last known address, phone number, and who was
each occupant’s employer, including business address.
11. At the time of the incident described in the Amended Complaint was Deceased, Kenneth
Elton Nicholls in the course and scope of his employment with You, or otherwise
furthering a business interest of You. If so, what was his employment status, or what
business interest was he involved with?
12. Prior to allowing Kenneth Elton Nicholls to operate the 2008 Ford F250, please detail the
steps taken to ensure that Kenneth Elton Nicholls was able to safely operate a motor
vehicle upon the roadway.
13. Please list the last maintenance, inspection and/or repair of the 2008 Ford F250
preceding the accident described in the Amended Complaint, including the reason for
the maintenance, inspection and/or repair, the person or facility that provided the
service including the location of the performed service, that date of the service, and
the name and address of the custodian of records for the documents around the
service.
14. Did any mechanical defect in the 2008 Ford F250 at the time of the incident described
in the complaint contribute to the incident? If so, describe the nature of the defect and
how it contributed to the incident.
15. Was the motor vehicle that the defendant driver was driving at the time of the incident
described in the complaint damaged in the incident and if so, what was the costs to repair
the damage and where was it repaired?
16. 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.
17. 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, or photograph pertaining to any fact 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.
18. 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 witness is expected 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.
19. 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.
20. 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 such suit was filed.
21. Have you or your insurance company and/or its representative had the Plaintiff kept under
surveillance? If so, state who made the surveillance, when the surveillance was made and
who is in possession of the reports.
22. Please list all communication devices, cell phones, GPS Devices, two-way radios,
dispatch communication devices that were equipped on the vehicle you were operating on
the date of the subject crash and any other communication devices that you had access to
on the date of the subject crash, including, but not limited to all cell phone providers and
phone numbers, and any other forms of media identification.
Notarial Certificate
SCI SHARED RESOURCES, LLC
State of _ _
County of _
The foregoing instrument was acknowledged before me by means of physical presence or
online notarization on this day of , 2021
by , who took an oath or who did not take an oath
and who is/are personally known to me or who has/have produced the following identification below:
Driver’s License
Other:
Notary Public-Sign Name: _
Notary Public-Print Name:
My Commission Expires (Affix Seal or Stamp):
Preview
Filing # 149452649 E-Filed 05/12/2022 11:07:22 AM IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR OSCEOLA COUNTY, FLORIDA CIVIL DIVISION CHARLES A. ANDERSON, III, Plaintiff , CASE NO.: 2021-CA-3164-AN vs. DIVISION: 20 THE ESTATE OF KENNETH ELTON NICHOLLS, SCI SHARED RESOURCES, LLC. a Foreign Corporation, and S. E. CEMETERIES OF FLORIDA, LLC a Florida Limited Liability Company d/b/a GLEN HAVEN MEMORIAL PARK, Defendants. / NOTICE OF SERVING INTERROGATORIES TO DEFENDANT, SCI SHARED RESOURCES, LLC COMES NOW, Plaintiff, CHARLES A. ANDERSON, III by and through the undersigned counsel, propounds the attached Interrogatories to be answered, under oath, by the Defendant, SCI SHARED RESOURCES, LLC, within forty five (45) days from the date of service hereof, pursuant to Rule 1.340, Florida Rules of Civil Procedure. I HEREBY CERTIFY that the original and one copy of the attached Interrogatories has been furnished to the Defendant with the Summons and Complaint. Respectfully Submitted, DARRIGO & DIAZ, P.A. NADINE S. DIAZ, ESQ. Florida Bar No. 0754889 WALTER L. GRANTHAM, JR., ESQ. Florida Bar No. 0705322 4504 North Armenia Avenue Tampa, Florida 33603 (813) 877-5548 (813) 877-8829 (fax) mail@ddlawtampa.com Attorney for Plaintiff EXPLANATION OF TERMS 1. “You or Your” - refers to Defendant, SCI SHARED RESOURCES, LLC, its agents, employees, representatives and all other persons acting on its behalf or at its request. Your response to these Interrogatories must reflect and contain the knowledge of all persons embraced by the term “Defendant” or the terms “you” or “your.” 2. Person - refers to any corporation, individual, joint venture, partnership, group, association, government agency, or any other identifiable entity. 3. Communication - refers to the transmission, transfer, or receipt of information in any form, by any means, in any manner at any time or place, under any circumstances whatsoever. 4. Document or Documents - refers to writings, letters, telegrams, memoranda, recorded recollections of conferences or telephone conversations, reports, studies, lists, any written compilation of data, papers, books, records, contracts, drawings, photographs, mechanical or electronic recordings in any form, and all other identifiable objects upon which any inscription, handwriting, typing, printing, drawing, representation by any means, whether, magnetic, electrical, photostatic, or any other form of communication is recorded, reproduced, perpetuated, maintained or preserved. These terms similarly embrace the reproduction or copies of the foregoing. 5. Identify a Document - refers to the requirement that the identity of the person preparing the document be disclosed, the identity of all persons signing, issuing an/or attesting to such document be disclosed, the identity of addressees or distributes be disclosed, the nature, contents and/or substance of the document be disclosed with sufficient particularity so as to enable identification, the date which the document bears must be disclosed and, in the event the document bears no date, a disclosure of fact together with the date upon which such document was prepared, a disclosure of the physical location of the document together with the names and addresses of the custodian or custodians of the documents. 6. Identify a Person - when employed with regard to a natural person, it refers to the name of such person, the present or last known address of such person, the name and address of such person’s employer and the position of employment held by such person. When the clause “identify person” is employed with reference to a person not an individual, such term shall require the name and principal office of such person, the date and place of incorporation, if applicable, and such other information as necessary to identify, locate and/or communicate with such person. 7. Defendant - As used herein, “Defendant” shall refer to SCI SHARED RESOURCES, LLC. 8. 2008 Ford F250 – The 2008 Ford F250 motor vehicle identified in the instant Amended Complaint by VIN# 1FTNF20518EE35894. INSTRUCTIONS FOR USE A. All information is to be divulged which is in the possession of the individual parties, their attorney, investigators, agents, employees or other representatives of the named parties and their attorney. B. If you lack the information necessary to answer any of the Interrogatories, describe the specific efforts made by you or anyone on Defendant’s behalf to ascertain the information and state as definitely as possible when you anticipate obtaining the information and supplementing your response. INTERROGATORIES TO DEFENDANT, SCI SHARED RESOURCES, LLC 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. Describe any and all policies of insurance which you contend cover or may cover you for the allegations set forth in Plaintiff's Amended Complaint, detailing as to such policies: the name of the insurer, number of the policy, the effective dates of the policy, the available limits of liability, and the name and address of the custodian of the policy. This response shall comply with Fla. Stat. §627.4137 which requires mandatory insurance disclosure of insurance regardless whether the policy is an excess, umbrella, underlying, CGL or any other form of insurance. Gira v. Wolfe, 115 So.3d 414 (Fla. 2nd DCA 2013). 3. Describe in detail how you believe the incident described in the complaint happened, including listing of all people who have provided you with either statements, items and/or documents that is in support of how you believe the incident described in the Amended Complaint occurred. Further please list the full name and address of all people responsive to this interrogatory, including any records custodians of any responsive documents or items. 4. List the names and addresses of all persons who are believed or known by you, your agents or attorneys to have any knowledge concerning any of the issues in this lawsuit; and specify the subject matter about which the witness has knowledge. 5. 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. 6. State the facts upon which you rely for each affirmative defense in your answer. 7. Do you contend any person or entity other than you is, or may be, liable in whole or part, for the claims asserted against you in this lawsuit? If so, state the full name and address of each such person or entity, the legal basis for your contention, the facts or evidence upon which your contention is based, and whether or not you have notified each such person or entity of your contention. 8. At the time of the incident described in the Amended Complaint, did you own, lease, rent or otherwise have possession of the 2008 Ford F250 identified by VIN# 1FTNF20518EE35894? If so, please state your ownership or possessory interest, and when was that interest acquired? Please identify the custodial of records for documents that would establish the ownership or possessory interest. 9. At the time of the incident described in the Amended Complaint was Kenneth Elton Nicholls driving the 2008 Ford F250 with permission? Was Kenneth Elton Nicholls in the course and scope of his employment with SCI SHARED RESOURCES, and/or otherwise furthering the business interests of SCI SHARED RESOURCES. 10. At the time of the incident described in the Amended Complaint, please list all occupants of the 2008 Ford F250, including their last known address, phone number, and who was each occupant’s employer, including business address. 11. At the time of the incident described in the Amended Complaint was Deceased, Kenneth Elton Nicholls in the course and scope of his employment with You, or otherwise furthering a business interest of You. If so, what was his employment status, or what business interest was he involved with? 12. Prior to allowing Kenneth Elton Nicholls to operate the 2008 Ford F250, please detail the steps taken to ensure that Kenneth Elton Nicholls was able to safely operate a motor vehicle upon the roadway. 13. Please list the last maintenance, inspection and/or repair of the 2008 Ford F250 preceding the accident described in the Amended Complaint, including the reason for the maintenance, inspection and/or repair, the person or facility that provided the service including the location of the performed service, that date of the service, and the name and address of the custodian of records for the documents around the service. 14. Did any mechanical defect in the 2008 Ford F250 at the time of the incident described in the complaint contribute to the incident? If so, describe the nature of the defect and how it contributed to the incident. 15. Was the motor vehicle that the defendant driver was driving at the time of the incident described in the complaint damaged in the incident and if so, what was the costs to repair the damage and where was it repaired? 16. 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. 17. 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, or photograph pertaining to any fact 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. 18. 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 witness is expected 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. 19. 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. 20. 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 such suit was filed. 21. Have you or your insurance company and/or its representative had the Plaintiff kept under surveillance? If so, state who made the surveillance, when the surveillance was made and who is in possession of the reports. 22. Please list all communication devices, cell phones, GPS Devices, two-way radios, dispatch communication devices that were equipped on the vehicle you were operating on the date of the subject crash and any other communication devices that you had access to on the date of the subject crash, including, but not limited to all cell phone providers and phone numbers, and any other forms of media identification. Notarial Certificate SCI SHARED RESOURCES, LLC State of _ _ County of _ The foregoing instrument was acknowledged before me by means of physical presence or online notarization on this day of , 2021 by , who took an oath or who did not take an oath and who is/are personally known to me or who has/have produced the following identification below: Driver’s License Other: Notary Public-Sign Name: _ Notary Public-Print Name: My Commission Expires (Affix Seal or Stamp):