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Filing # 125530714 E-Filed 04/23/2021 04:36:56 PM
IN THE CIRCUIT COURT OF THE EIGHTEENJUDICIAL CIRCUIT IN AND FOR
BREVARD COUNTY, FLORIDA
LINDA NOLAN POTTER, CASE NO.: 05-2021-CA-019085-XXXX-XX
DIVISION: T
Plaintiff,
vs.
EMANUEL JACKSON,
UNITED SERVICES AUTOMOBILE ASSOCIATION,
a foreign for profit corporation, and GOVERNMENT
EMPLOYEES INSURANCE COMPANY,
a foreign for profit corporation,
Defendants.
/
DEFENDANT, UNITED SERVICES AUTOMOBILE ASSOCIATION
INTERROGATORIES TO PLAINTIFF, LINDA NOLAN POTTER
Defendant, UNITED SERVICES AUTOMOBILE ASSOCIATION, by and through its
undersigned counsel, propounds the attached Interrogatories to the Plaintiff, LINDA NOLAN
POTTER, to be answered under oath within thirty (30) days in accordance with the applicable
Rules of Civil Procedure.
CERTIFICATE OF SERVICE
1 HEREBY CERTIFY that a true and correct copy of the foregoing was served via automatic
email generated by the Florida Courts E-Filing Portal to: Eric S. Gillin, Esq., GILLIN GILLIN &
LINDBAEK, P.A., 222 North Harbor City Boulevard, Melbourne, Florida 32935,
eric@brevardjustice.com, this 23rd day of April, 2021.
Filing 125530714 L POTTER VS EMANUEL JACKSON 05-2021-CA-019085-XXXX-XX
CASE NO, 05-2021-CA-019085-XXXX-XX
LAW OFFICES OF ROBERT D. TETREAULT
Attorneys for Defendant UNITED SERVICES
AUTOMOBILE ASSOCIATION
1000 South Pine Island Road
Suite 420
Plantation, Florida 33324
Primary e-mail: hal.pld.sfi@usaa.com;
Secondary e-mail: Deans
hans Jaurenceau@usaa.com
Jdurenceaticiused com
Office (954) 370-3129
Direct (786) 778-2867
Fax (954) 474-0689
|s[ Hans A. Lawenceau
By
HANS A. LAURENCEAU
Florida Bar No.: 12377
Filing 125530714 L POTTER VS EMANUEL JACKSON 05-2021-CA-019085-XXXX-XX
CASE NO, 05-2021-CA-019085-XXXX-XX
DEFENDANT, UNITED SERVICES AUTOMOBILE ASSOCIATION’S
INTERROGATORIES TO PLAINTIFF
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?
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 years.
Please state all former names and when you were known by those names; all addresses
where you have lived for the past ten years and the dates you lived at each address; your
social security number; your date of birth; your driver's license number and state of issue;
and, if you are or have ever been married, the name of your spouse or spouses.
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?
Filing 125530714 L POTTER VS EMANUEL JACKSON 05-2021-CA-019085-XXXX-XX
CASE NO, 05-2021-CA-019085-XXXX-XX
Have you ever been convicted ofa 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?
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.
Describe in detail how the incident described in the complaint happened, including all
actions taken by you to prevent the incident.
Filing 125530714 L POTTER VS EMANUEL JACKSON 05-2021-CA-019085-XXXX-XX
CASE NO, 05-2021-CA-019085-XXXX-XX
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, state the nature of the charge;
the plea, or answer, if any, you entered to the charge; the court or agency which heard the
charge; whether any written report was prepared by anyone regarding this charge and, if
so, the name and address of the person or entity that prepared the report; whether you have
a copy of the report; whether the testimony at any trial, hearing or other proceeding on the
charge was recorded in any manner and, if so, 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.
Filing 125530714 L POTTER VS EMANUEL JACKSON 05-2021-CA-019085-XXXX-XX
CASE NO, 05-2021-CA-019085-XXXX-XX
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.
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. Also state the name of the insured
and the policy and/or claim number.
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.
Filing 125530714 L POTTER VS EMANUEL JACKSON 05-2021-CA-019085-XXXX-XX
CASE NO, 05-2021-CA-019085-XXXX-XX
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 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 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, or photograph pertaining to any fact or issue involved in this
controversy. Describe as to each what such person has; the name and address of the person
who took or prepared it; the date it was taken or prepared.
Filing 125530714 L POTTER VS EMANUEL JACKSON 05-2021-CA-019085-XXXX-XX
CASE NO, 05-2021-CA-019085-XXXX-XX
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’ 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.
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 At the time of the incident described in the complaint, were you wearing a seat belt? If
not, please state why not; where you were seated in the vehicle; and whether the vehicle
was equipped with a seat belt that was operational and available for your use.
Filing 125530714 L POTTER VS EMANUEL JACKSON 05-2021-CA-019085-XXXX-XX
CASE NO, 05-2021-CA-019085-XXXX-XX
24. Did any mechanical defect in the motor vehicle in which you were riding 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.
25. Have you ever filed a claim with an insurance carrier for personal injuries or property
damage? If so, please state the name and address of the carrier as well as the date of loss
and policy number.
26. At the time of the subject accident, were you in the course and scope of your employment?
If so, please state:
a) Whether or not you made a claim for Worker's Compensation and the amount of
any payments made.
b) The name of your employer, the name of your employer's Worker's Compensation
carrier, and the Worker's Compensation claim number.
Filing 125530714 L POTTER VS EMANUEL JACKSON 05-2021-CA-019085-XXXX-XX
CASE NO, 05-2021-CA-019085-XXXX-XX
27. Please state whether at the time of the subject accident you were covered by a policy of
disability income protection insurance. If so,
a) Have any benefits been paid or are such payable for expenses listed in your answers
to the previous interrogatories? If so, what expenses are covered by insurance, what
type of insurance, and who paid the premium for the insurance?
b) Please state whether you made a claim against this policy for compensation for loss
of wages allegedly incurred as a result of the subject accident, the name of the
carrier of the policy of disability income protection, the policy number, the
available coverage under the policy, and the name of the named insured if such
policy is a group disability income protection policy.
28 List all social media networking accounts you had - have from two years prior to the date
of loss to present.
29. List all cell phone accounts you had - have used to take photographs from two years prior
to the date of loss to present.
30. For any of the injuries, conditions, problems or damages that you are claiming in this case,
have you ever had any injury, condition, or problem with those prior to the motor vehicle
accident which is the subject of this lawsuit? If so, please explain and describe the prior
injury, condition or problem that affected you.
Filing 125530714 L POTTER VS EMANUEL JACKSON 05-2021-CA-019085-XXXX-XX
CASE NO, 05-2021-CA-019085-XXXX-XX
STATE OF FLORIDA
ss
COUNTY OF
THIS DAY, personally
appeared before me, the undersigned authority,
, who, after being duly sworn, states under oath that
he/she signed the foregoing Answers to Interrogatories and that they are true and correct to the
best of his/her knowledge and belief.
The foregoing instrument was acknowledged before me, by means of oO physical presence
or J online notarization, this day of , 2020.
Signature of NOTARY PUBLIC, State of Florida
Name of Notary typed, printed or stamped
My commission expires:
Personally known to me
__ Produced identification:
Type of identification
Filing 125530714 L POTTER VS EMANUEL JACKSON 05-2021-CA-019085-XXXX-XX
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Filing # 125530714 E-Filed 04/23/2021 04:36:56 PM IN THE CIRCUIT COURT OF THE EIGHTEENJUDICIAL CIRCUIT IN AND FOR BREVARD COUNTY, FLORIDA LINDA NOLAN POTTER, CASE NO.: 05-2021-CA-019085-XXXX-XX DIVISION: T Plaintiff, vs. EMANUEL JACKSON, UNITED SERVICES AUTOMOBILE ASSOCIATION, a foreign for profit corporation, and GOVERNMENT EMPLOYEES INSURANCE COMPANY, a foreign for profit corporation, Defendants. / DEFENDANT, UNITED SERVICES AUTOMOBILE ASSOCIATION INTERROGATORIES TO PLAINTIFF, LINDA NOLAN POTTER Defendant, UNITED SERVICES AUTOMOBILE ASSOCIATION, by and through its undersigned counsel, propounds the attached Interrogatories to the Plaintiff, LINDA NOLAN POTTER, to be answered under oath within thirty (30) days in accordance with the applicable Rules of Civil Procedure. CERTIFICATE OF SERVICE 1 HEREBY CERTIFY that a true and correct copy of the foregoing was served via automatic email generated by the Florida Courts E-Filing Portal to: Eric S. Gillin, Esq., GILLIN GILLIN & LINDBAEK, P.A., 222 North Harbor City Boulevard, Melbourne, Florida 32935, eric@brevardjustice.com, this 23rd day of April, 2021. Filing 125530714 L POTTER VS EMANUEL JACKSON 05-2021-CA-019085-XXXX-XX CASE NO, 05-2021-CA-019085-XXXX-XX LAW OFFICES OF ROBERT D. TETREAULT Attorneys for Defendant UNITED SERVICES AUTOMOBILE ASSOCIATION 1000 South Pine Island Road Suite 420 Plantation, Florida 33324 Primary e-mail: hal.pld.sfi@usaa.com; Secondary e-mail: Deans hans Jaurenceau@usaa.com Jdurenceaticiused com Office (954) 370-3129 Direct (786) 778-2867 Fax (954) 474-0689 |s[ Hans A. Lawenceau By HANS A. LAURENCEAU Florida Bar No.: 12377 Filing 125530714 L POTTER VS EMANUEL JACKSON 05-2021-CA-019085-XXXX-XX CASE NO, 05-2021-CA-019085-XXXX-XX DEFENDANT, UNITED SERVICES AUTOMOBILE ASSOCIATION’S INTERROGATORIES TO PLAINTIFF 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? 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 years. Please state all former names and when you were known by those names; all addresses where you have lived for the past ten years and the dates you lived at each address; your social security number; your date of birth; your driver's license number and state of issue; and, if you are or have ever been married, the name of your spouse or spouses. 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? Filing 125530714 L POTTER VS EMANUEL JACKSON 05-2021-CA-019085-XXXX-XX CASE NO, 05-2021-CA-019085-XXXX-XX Have you ever been convicted ofa 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? 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. Describe in detail how the incident described in the complaint happened, including all actions taken by you to prevent the incident. Filing 125530714 L POTTER VS EMANUEL JACKSON 05-2021-CA-019085-XXXX-XX CASE NO, 05-2021-CA-019085-XXXX-XX 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, state the nature of the charge; the plea, or answer, if any, you entered to the charge; the court or agency which heard the charge; whether any written report was prepared by anyone regarding this charge and, if so, the name and address of the person or entity that prepared the report; whether you have a copy of the report; whether the testimony at any trial, hearing or other proceeding on the charge was recorded in any manner and, if so, 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. Filing 125530714 L POTTER VS EMANUEL JACKSON 05-2021-CA-019085-XXXX-XX CASE NO, 05-2021-CA-019085-XXXX-XX 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. 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. Also state the name of the insured and the policy and/or claim number. 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. Filing 125530714 L POTTER VS EMANUEL JACKSON 05-2021-CA-019085-XXXX-XX CASE NO, 05-2021-CA-019085-XXXX-XX 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 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 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, or photograph pertaining to any fact or issue involved in this controversy. Describe as to each what such person has; the name and address of the person who took or prepared it; the date it was taken or prepared. Filing 125530714 L POTTER VS EMANUEL JACKSON 05-2021-CA-019085-XXXX-XX CASE NO, 05-2021-CA-019085-XXXX-XX 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’ 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. 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 At the time of the incident described in the complaint, were you wearing a seat belt? If not, please state why not; where you were seated in the vehicle; and whether the vehicle was equipped with a seat belt that was operational and available for your use. Filing 125530714 L POTTER VS EMANUEL JACKSON 05-2021-CA-019085-XXXX-XX CASE NO, 05-2021-CA-019085-XXXX-XX 24. Did any mechanical defect in the motor vehicle in which you were riding 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. 25. Have you ever filed a claim with an insurance carrier for personal injuries or property damage? If so, please state the name and address of the carrier as well as the date of loss and policy number. 26. At the time of the subject accident, were you in the course and scope of your employment? If so, please state: a) Whether or not you made a claim for Worker's Compensation and the amount of any payments made. b) The name of your employer, the name of your employer's Worker's Compensation carrier, and the Worker's Compensation claim number. Filing 125530714 L POTTER VS EMANUEL JACKSON 05-2021-CA-019085-XXXX-XX CASE NO, 05-2021-CA-019085-XXXX-XX 27. Please state whether at the time of the subject accident you were covered by a policy of disability income protection insurance. If so, a) Have any benefits been paid or are such payable for expenses listed in your answers to the previous interrogatories? If so, what expenses are covered by insurance, what type of insurance, and who paid the premium for the insurance? b) Please state whether you made a claim against this policy for compensation for loss of wages allegedly incurred as a result of the subject accident, the name of the carrier of the policy of disability income protection, the policy number, the available coverage under the policy, and the name of the named insured if such policy is a group disability income protection policy. 28 List all social media networking accounts you had - have from two years prior to the date of loss to present. 29. List all cell phone accounts you had - have used to take photographs from two years prior to the date of loss to present. 30. For any of the injuries, conditions, problems or damages that you are claiming in this case, have you ever had any injury, condition, or problem with those prior to the motor vehicle accident which is the subject of this lawsuit? If so, please explain and describe the prior injury, condition or problem that affected you. Filing 125530714 L POTTER VS EMANUEL JACKSON 05-2021-CA-019085-XXXX-XX CASE NO, 05-2021-CA-019085-XXXX-XX STATE OF FLORIDA ss COUNTY OF THIS DAY, personally appeared before me, the undersigned authority, , who, after being duly sworn, states under oath that he/she signed the foregoing Answers to Interrogatories and that they are true and correct to the best of his/her knowledge and belief. The foregoing instrument was acknowledged before me, by means of oO physical presence or J online notarization, this day of , 2020. Signature of NOTARY PUBLIC, State of Florida Name of Notary typed, printed or stamped My commission expires: Personally known to me __ Produced identification: Type of identification Filing 125530714 L POTTER VS EMANUEL JACKSON 05-2021-CA-019085-XXXX-XX