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Filing# 157748915 E-Filed 09/20/2022 10:43:46 AM
IN THE CIRCUIT COURT OF THE SEVENTH JUDICIAL CIRCUIT
IN AND FOR BROWARD COUNTY, FLORIDA
CIVIL DIVISION
WILLIAM GENTRY, CASE NO.: CACE-21-010718 (18)
Plaintiff,
VS.
G & H CONCRETE AND SOD, INC.,
LAKESHORE MANAGEMENT, INC.,
And SV DAVIE MHC, LLC.,
Defendant(s).
i
PLAINTIFF'S FIRST INTERROGATORIES TO
DEFENDANT, SV DAVIE MHC, LLC
WILLIAM
Plaintiff(s), GENTRY, by and through undersigned counsel, propounds the
to the Defendant, SV DAVIE MHC, LLC., to be answered under oath, in
attached Interrogatories
within the time and manner set forth in Rule 1.340 of the Florida Rules of Civil Procedure.
writing,
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true copy o f the foregoingwas served with the Summons and
the Complaint on this 20th day of September,2022.
COFFEY MCPHARLIN TRIAL LAW
Attorneys for Plaintiff
550 South Andrews Avenue, Suite 420
Fort Lauderdale, Florida 33301
-
(754) 301-2434 Direct
-
(954) 541-3194 Main
(954) 780-8668
- Fax
pleadings@ct-law.com
By: /s/ Todd R. McPharlin
TODD R. MCPHARLIN, ESQ.
Florida Bar No.. 0114685
1
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 09/20/2022 10:43:43 AM.****
DEFINITIONS
These interrogatories and document requests are continuing in nature, and to the extent that any
answers to them may be enlarged,expanded upon, modified, or corrected as a result of any change
in circumstances subsequent to the filingof your responses, you are requestedto promptly supply
counsel for Plaintiffs with amended or supplementalresponses as requiredby the Florida Rules of
Civil Procedure.
The term "document" used herein,means any medium upon which intelligence
as or information
can be recorded or retrieved,and includes, without limitation,the originaland each copy,
regardlessof originor location,of any book, pamphlet, periodical, memorandum, note, e-
letter,
mail, paper, photograph,videotape,audio tape, or any other written,typed,reported,transcribed,
punched, taped, filmed, or graphic matter, however produced or reproduced,which is in your
possession,custody or control or which was, but no longer,in your possession,custody or
is
control. Ifthe information requestedis stored on a computer drive,disk,or tape, produce either (a)
a printoutof the information or (b)produce the information on a 3.5" disk in an ASCII format.
"Communication" means any transmission of information by oral,graphic,written,pictorial
or
otherwise perceptiblemeans, includingbut not limited to telephone conversations,letters,
e-mails,
memoranda, telegrams,meetings and personalconversations.
"Person" means any natural person or any form ofpublic,private,
business,governmental or legal
entity.Unless specifiedotherwise, the term "identity" "identify"as used herein, with respect
or
to any person, means to provide the name, current residence address, current residence telephone
number, current business address, current business telephone number, and the occupation or job
title of that person; with respect to any entity, means to provide the name by which the entityis
commonly known, the current address of its principal place ofbusiness, and the nature of business
currentlyconducted by that entity; with respect to any document, means to provide the date ofthe
document, the identityo f the author or preparer o f the document, the nature o f the document, and
the title (ifany) ofthe document, and the custodian ofthe document. For the purposes of framing
your responses to these interrogatories, wherever possible,the singularshould be read to include
the pluraland vice versa.
The term "incident" shall mean the incident referred to in the complaint.
"Equipment" is the appliance and/or equipment described in the complaint and/or any appliance
and/or equipment that caused or contributed to the allegeddangerous condition described in the
complaint.
"You" and "Your" refer to any corporate defendant, its employees, agents, officers, and
representatives.
Ifany of the interrogatories are not answered on the basis of privilege,
please include in your
response to each such interrogatory a written statement evidencing:
(a) The nature of the communication;
(b) The date of the communication;
(c)The identityof the persons present at such communication; and
(d) A brief descriptionof the communication sufficient to allow the Court to rule on a
motion to compel.
2
INTERROGATORIES TO DEFENDANT
1. State the name and and if applicable,
address ofthe person answering these Interrogatories,
with the party to
the person'sofficial positionor relationship whom the Interrogatories are
directed.
2. Statefullythe correct legalnames of any and all entities owning and/or managing and/or
maintainingand/or operatingthe premises on the date of loss identified in the complaint.
3 Is this Defendant correctlynamed? If not, please state the correct legal name of this
Defendant.
4. Describe in detail how the incident described in the complaint happened, includingall
actions taken by you to prevent the incident.
5. Describe in detail each act or omission on the part of any person or entitythat you contend
constituted negligencethat was a contributing legalcause ofthe incident in question.
6. State the facts upon which you relyfor each affirmative defense in your answer.
7. Do you contend any person or entityother than the named Defendant(s)is,or may be,
liable in whole or part for the claims asserted againstyou in this lawsuit? If so, state the
full name and address of each such person or entity, for your contention,the
the legalbasis
facts or evidence upon which your contention is based, and whether or not you have
notified each such person or entityof your contention.
8 List the names and addresses of all persons who are believed or known by you, your agents
or attorneys to have any knowledge concerningany ofthe issues in this lawsuit;and specify
the subjectmatter about which the witness has knowledge.
9- Have you heard or do you know about any statementremark made by or on behalf of
or
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.
10. 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 diagram,plat,map, drawing,
motion picture,surveillance,closed circuit television system, video tape or photograph
to any
pertaining 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
itwas taken or prepared.
11. Have you made an agreement with anyone that would limit that party'sliability to anyone
for any of the damages sued upon in this case? If so, state the terms of the agreement and
the partiesto it. This questionseeks disclosure of any and all indemnity agreements for
and contractor that may have been involved with maintaining the premises where the
incident occurred at the time of the incident.
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12. Please state if you have ever been the subjectof a claim or suit other than the present matter
involvinga complaint for trip/slip and fall at any premises where an individual was injured
due to your allegednegligence,and if so, the name and contact information for all persons
who allegedthat they fell. (Thisrequest is limited to the periodofthe time of 3 years prior
to the date of loss for the premises described in the complaint.)
13. Was any inspectionmade of the scene prioror subsequent to Plaintiffs accident? If yes,
state:
a. The date and time it was made;
b. The name, address, and job title of each person who made the inspection;
C What findingswere made.
14. State whether an incident report was generatedregardingthe Plaintiff's fall. If an
was generated,set forth the names of each and every person mentioned
incident report in
suchreport (See e.g., District Board of Trustees of Miami-Dade Community College v.
Chao, 739 So.2d 105 (Fla.3rd DCA 1999)).
15. Please describe the scope of the work/projectthat you were contracted to complete on the
premises where the injuryoccurred. This interrogatory of all
includes the address(es)
work to be completed,the names and contact information for all workers employed/hired
to do the work, the person or entitywith which the agreement was made to do the work,
and any other information which would describe and define the work/project.
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VERIFICATION OF ANSWERS TO INTERROGATORIES
STATE OF
) SS.
COUNTY OF
BEFORE ME, the undersigned authority,
personallyappeared, ,
who
after being first duly sworn, deposes and says that the answers written after each of the foregoing
are true and correct to the best of her knowledge, information and belief and
Interrogatories
subscribed her name thereto in certification thereof.
SWORN TO (OR AFFIRMED) and subscribed before me by means of Il physical
presence or O online notarization, this day of 2022, by
Olame of person making statementj.
SignatureofNotary Public
Print,Type, or Stamp Commissioned Name
ofNotary Public
PersonallyKnown OR Produced Identification
Type of Identification Produced
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Preview
Filing# 157748915 E-Filed 09/20/2022 10:43:46 AM IN THE CIRCUIT COURT OF THE SEVENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CIVIL DIVISION WILLIAM GENTRY, CASE NO.: CACE-21-010718 (18) Plaintiff, VS. G & H CONCRETE AND SOD, INC., LAKESHORE MANAGEMENT, INC., And SV DAVIE MHC, LLC., Defendant(s). i PLAINTIFF'S FIRST INTERROGATORIES TO DEFENDANT, SV DAVIE MHC, LLC WILLIAM Plaintiff(s), GENTRY, by and through undersigned counsel, propounds the to the Defendant, SV DAVIE MHC, LLC., to be answered under oath, in attached Interrogatories within the time and manner set forth in Rule 1.340 of the Florida Rules of Civil Procedure. writing, CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true copy o f the foregoingwas served with the Summons and the Complaint on this 20th day of September,2022. COFFEY MCPHARLIN TRIAL LAW Attorneys for Plaintiff 550 South Andrews Avenue, Suite 420 Fort Lauderdale, Florida 33301 - (754) 301-2434 Direct - (954) 541-3194 Main (954) 780-8668 - Fax pleadings@ct-law.com By: /s/ Todd R. McPharlin TODD R. MCPHARLIN, ESQ. Florida Bar No.. 0114685 1 *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 09/20/2022 10:43:43 AM.**** DEFINITIONS These interrogatories and document requests are continuing in nature, and to the extent that any answers to them may be enlarged,expanded upon, modified, or corrected as a result of any change in circumstances subsequent to the filingof your responses, you are requestedto promptly supply counsel for Plaintiffs with amended or supplementalresponses as requiredby the Florida Rules of Civil Procedure. The term "document" used herein,means any medium upon which intelligence as or information can be recorded or retrieved,and includes, without limitation,the originaland each copy, regardlessof originor location,of any book, pamphlet, periodical, memorandum, note, e- letter, mail, paper, photograph,videotape,audio tape, or any other written,typed,reported,transcribed, punched, taped, filmed, or graphic matter, however produced or reproduced,which is in your possession,custody or control or which was, but no longer,in your possession,custody or is control. Ifthe information requestedis stored on a computer drive,disk,or tape, produce either (a) a printoutof the information or (b)produce the information on a 3.5" disk in an ASCII format. "Communication" means any transmission of information by oral,graphic,written,pictorial or otherwise perceptiblemeans, includingbut not limited to telephone conversations,letters, e-mails, memoranda, telegrams,meetings and personalconversations. "Person" means any natural person or any form ofpublic,private, business,governmental or legal entity.Unless specifiedotherwise, the term "identity" "identify"as used herein, with respect or to any person, means to provide the name, current residence address, current residence telephone number, current business address, current business telephone number, and the occupation or job title of that person; with respect to any entity, means to provide the name by which the entityis commonly known, the current address of its principal place ofbusiness, and the nature of business currentlyconducted by that entity; with respect to any document, means to provide the date ofthe document, the identityo f the author or preparer o f the document, the nature o f the document, and the title (ifany) ofthe document, and the custodian ofthe document. For the purposes of framing your responses to these interrogatories, wherever possible,the singularshould be read to include the pluraland vice versa. The term "incident" shall mean the incident referred to in the complaint. "Equipment" is the appliance and/or equipment described in the complaint and/or any appliance and/or equipment that caused or contributed to the allegeddangerous condition described in the complaint. "You" and "Your" refer to any corporate defendant, its employees, agents, officers, and representatives. Ifany of the interrogatories are not answered on the basis of privilege, please include in your response to each such interrogatory a written statement evidencing: (a) The nature of the communication; (b) The date of the communication; (c)The identityof the persons present at such communication; and (d) A brief descriptionof the communication sufficient to allow the Court to rule on a motion to compel. 2 INTERROGATORIES TO DEFENDANT 1. State the name and and if applicable, address ofthe person answering these Interrogatories, with the party to the person'sofficial positionor relationship whom the Interrogatories are directed. 2. Statefullythe correct legalnames of any and all entities owning and/or managing and/or maintainingand/or operatingthe premises on the date of loss identified in the complaint. 3 Is this Defendant correctlynamed? If not, please state the correct legal name of this Defendant. 4. Describe in detail how the incident described in the complaint happened, includingall actions taken by you to prevent the incident. 5. Describe in detail each act or omission on the part of any person or entitythat you contend constituted negligencethat was a contributing legalcause ofthe incident in question. 6. State the facts upon which you relyfor each affirmative defense in your answer. 7. Do you contend any person or entityother than the named Defendant(s)is,or may be, liable in whole or part for the claims asserted againstyou in this lawsuit? If so, state the full name and address of each such person or entity, for your contention,the the legalbasis facts or evidence upon which your contention is based, and whether or not you have notified each such person or entityof your contention. 8 List the names and addresses of all persons who are believed or known by you, your agents or attorneys to have any knowledge concerningany ofthe issues in this lawsuit;and specify the subjectmatter about which the witness has knowledge. 9- Have you heard or do you know about any statementremark made by or on behalf of or 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. 10. 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 diagram,plat,map, drawing, motion picture,surveillance,closed circuit television system, video tape or photograph to any pertaining 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 itwas taken or prepared. 11. Have you made an agreement with anyone that would limit that party'sliability to anyone for any of the damages sued upon in this case? If so, state the terms of the agreement and the partiesto it. This questionseeks disclosure of any and all indemnity agreements for and contractor that may have been involved with maintaining the premises where the incident occurred at the time of the incident. 3 12. Please state if you have ever been the subjectof a claim or suit other than the present matter involvinga complaint for trip/slip and fall at any premises where an individual was injured due to your allegednegligence,and if so, the name and contact information for all persons who allegedthat they fell. (Thisrequest is limited to the periodofthe time of 3 years prior to the date of loss for the premises described in the complaint.) 13. Was any inspectionmade of the scene prioror subsequent to Plaintiffs accident? If yes, state: a. The date and time it was made; b. The name, address, and job title of each person who made the inspection; C What findingswere made. 14. State whether an incident report was generatedregardingthe Plaintiff's fall. If an was generated,set forth the names of each and every person mentioned incident report in suchreport (See e.g., District Board of Trustees of Miami-Dade Community College v. Chao, 739 So.2d 105 (Fla.3rd DCA 1999)). 15. Please describe the scope of the work/projectthat you were contracted to complete on the premises where the injuryoccurred. This interrogatory of all includes the address(es) work to be completed,the names and contact information for all workers employed/hired to do the work, the person or entitywith which the agreement was made to do the work, and any other information which would describe and define the work/project. 4 VERIFICATION OF ANSWERS TO INTERROGATORIES STATE OF ) SS. COUNTY OF BEFORE ME, the undersigned authority, personallyappeared, , who after being first duly sworn, deposes and says that the answers written after each of the foregoing are true and correct to the best of her knowledge, information and belief and Interrogatories subscribed her name thereto in certification thereof. SWORN TO (OR AFFIRMED) and subscribed before me by means of Il physical presence or O online notarization, this day of 2022, by Olame of person making statementj. SignatureofNotary Public Print,Type, or Stamp Commissioned Name ofNotary Public PersonallyKnown OR Produced Identification Type of Identification Produced 5