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Filing # 182662038 E-Filed 09/26/2023 09:56:35 PM
IN THE CIRCUIT COURT OF THE 20™ JUDICIAL CIRCUIT
IN AND FOR CHARLOTTE COUNTY, FLORIDA
MARVIN OWENS, JR., CIVIL DIVISION
Plaintiff, CASE NO.: 23-000608 CA
Vv.
ZOFIA ZAK RHODES,
Defendant.
/
PLAINTIFF’S NOTICE OF SERVING INTERROGATORIES TO
DEFENDANT, ZOFIA ZAK RHODES
The Plaintiff, MARVIN OWENS, JR., by and through the undersigned attorney, hereby
gives notice of propounding Plaintiff's Interrogatories upon the Defendant, ZOFIA ZAK
RHODES to be answered within thirty (30) days from the date of service pursuant to the Florida
Rules of Civil Procedure.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was electronically
submitted on this 26" day of September, 2023, to: Jesse Gubernat, Esq., Banker Lopez Gassler
P.A, 4415 Metro Parkway, Suite 208, Fort Myers, FL 33916, service-
jgubernat@bankerlopez.com.
RUBENSTEIN LAW, P.A.
Attorneys for Plaintiff
9130 S Dadeland Blvd, PH Suite
Miami, Florida 33156
Tel: (305) 661-6000
Fax: (305) 670-7555
Email: tim@rubensteinlaw.com
jmolano@rubensteinlaw.com
service@rubensteinlaw.com
23000608CA
By: _/s/ R. Timothy Vannatta
R. TIMOTHY VANNATTA
Florida Bar No.: 0055890
23000608CA
PLAINTIFF’S INTERROGATORIES TO DEFENDANT, ZOFIA ZAK RHODES.
(If answering for another person or entity, answer with respect to that person or entity, unless
otherwise stated.)
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 all former names and when you were known by those names. State all addresses where
you have lived for the past 10 years, the dates you lived at each address, your Social
Security number, and your date of birth.
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 1 year, or that involved dishonesty or a false statement regardless of the
punishment? If so, state as to each conviction, the specific crime and the date and place of
conviction.
23000608CA
Describe any and all policies of insurance which you contend cover or may cover you for
the allegations set forth in plaintiff's complaint, detailing as to such policies the name of
the insurer, the 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.
Describe in detail how the incident described in the complaint happened, including all
actions taken by you to prevent the incident.
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.
Identify where you were and describe what you were doing in the two (2) hours before the
subject incident.
23000608CA
8 State the facts upon which you rely for each affirmative defense in your answer.
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.
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 the charge, and, if so,
what is the name and address of the person or entity who prepared the report; do you have
a copy of 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?
23000608CA
11. 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.
12. 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.
13 State the name and address of every person known to you, your agents, or your attorneys
who has knowledge about, or possession, custody, or control of, any model, plat, map,
drawing, motion picture, videotape, or photograph pertaining to any fact or issue involved
in this controversy; and describe as to each, what item such person has, the name and
address of the person who took or prepared it, and the date it was taken or prepared.
23000608CA
14. 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.
15. 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.
16. 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.
23000608CA
17. 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?
18. 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?
19. Did you consume any alcoholic beverages or take any drugs or medications within 12 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.
20. Did any mechanical defect in the motor vehicle which you were driving 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.
23000608CA
21 List the name and address of all persons, corporations, or entities who were registered title
owners or who had ownership interest in, or right to control, the motor vehicle that the
defendant driver was driving at the time of the incident described in the complaint; and
describe both the nature of the ownership interest or right to control the vehicle, and the
vehicle itself, including the make, model, year, and vehicle identification number.
22. At the time of the incident described in the complaint, did the driver of the vehicle
described in your answer to the preceding interrogatory have permission to drive the
vehicle? If so, state the names and addresses of all persons who have such permission.
23. At the time of the incident described in the complaint, were you engaged in any mission or
activity for any other person or entity, including any employer? If so, state the name and
address of that person or entity and the nature of the mission or activity.
24. 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 cost to repair
the damage? Additionally, where was your vehicle repaired?
23000608CA
25 Please identify the wireless telephone service carrier(s) that provided Cellular Telephone
service to all of the Cellular Telephones that were operational and within the vehicle you
were driving on the date of incident under which this complaint arises and please also list
each and every phone number for each phone disclosed in this interrogatory.
26. State whether you were using in any way a cellular telephone immediately prior to this
collision (i.e. were you using your cell phone when this incident occurred?). If so, what
were you using if for?
27. Please state the name and address, if known, of every single person that was in your vehicle
at the time of the accident described in the complaint.
28. Describe all motor vehicle collisions you have been involved in over the past ten (10) years.
Also identify the area and/or intersection where each occurred, the County and state in
which each occurred, and the date.
23000608CA
AFFIANT
STATE OF FLORIDA )
COUNTY OF
BEFORE ME, the undersigned authority, personally appeared
, who being duly sworn, deposes and says that the answers to
Interrogatories attached hereto are true to the best of his/her knowledge, information and belief.
SWORN TO AND _ SUBSCRIBED _ before me on this day of
» 2023.
NOTARY PUBLIC, STATE OF FLORIDA
AT LARGE
My Commission Expires:
Personally known:
or Produced Identification:
Type of Identification Produced:
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Filing # 182662038 E-Filed 09/26/2023 09:56:35 PM IN THE CIRCUIT COURT OF THE 20™ JUDICIAL CIRCUIT IN AND FOR CHARLOTTE COUNTY, FLORIDA MARVIN OWENS, JR., CIVIL DIVISION Plaintiff, CASE NO.: 23-000608 CA Vv. ZOFIA ZAK RHODES, Defendant. / PLAINTIFF’S NOTICE OF SERVING INTERROGATORIES TO DEFENDANT, ZOFIA ZAK RHODES The Plaintiff, MARVIN OWENS, JR., by and through the undersigned attorney, hereby gives notice of propounding Plaintiff's Interrogatories upon the Defendant, ZOFIA ZAK RHODES to be answered within thirty (30) days from the date of service pursuant to the Florida Rules of Civil Procedure. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was electronically submitted on this 26" day of September, 2023, to: Jesse Gubernat, Esq., Banker Lopez Gassler P.A, 4415 Metro Parkway, Suite 208, Fort Myers, FL 33916, service- jgubernat@bankerlopez.com. RUBENSTEIN LAW, P.A. Attorneys for Plaintiff 9130 S Dadeland Blvd, PH Suite Miami, Florida 33156 Tel: (305) 661-6000 Fax: (305) 670-7555 Email: tim@rubensteinlaw.com jmolano@rubensteinlaw.com service@rubensteinlaw.com 23000608CA By: _/s/ R. Timothy Vannatta R. TIMOTHY VANNATTA Florida Bar No.: 0055890 23000608CA PLAINTIFF’S INTERROGATORIES TO DEFENDANT, ZOFIA ZAK RHODES. (If answering for another person or entity, answer with respect to that person or entity, unless otherwise stated.) 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 all former names and when you were known by those names. State all addresses where you have lived for the past 10 years, the dates you lived at each address, your Social Security number, and your date of birth. 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 1 year, or that involved dishonesty or a false statement regardless of the punishment? If so, state as to each conviction, the specific crime and the date and place of conviction. 23000608CA Describe any and all policies of insurance which you contend cover or may cover you for the allegations set forth in plaintiff's complaint, detailing as to such policies the name of the insurer, the 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. Describe in detail how the incident described in the complaint happened, including all actions taken by you to prevent the incident. 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. Identify where you were and describe what you were doing in the two (2) hours before the subject incident. 23000608CA 8 State the facts upon which you rely for each affirmative defense in your answer. 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. 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 the charge, and, if so, what is the name and address of the person or entity who prepared the report; do you have a copy of 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? 23000608CA 11. 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. 12. 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. 13 State the name and address of every person known to you, your agents, or your attorneys who has knowledge about, or possession, custody, or control of, any model, plat, map, drawing, motion picture, videotape, or photograph pertaining to any fact or issue involved in this controversy; and describe as to each, what item such person has, the name and address of the person who took or prepared it, and the date it was taken or prepared. 23000608CA 14. 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. 15. 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. 16. 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. 23000608CA 17. 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? 18. 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? 19. Did you consume any alcoholic beverages or take any drugs or medications within 12 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. 20. Did any mechanical defect in the motor vehicle which you were driving 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. 23000608CA 21 List the name and address of all persons, corporations, or entities who were registered title owners or who had ownership interest in, or right to control, the motor vehicle that the defendant driver was driving at the time of the incident described in the complaint; and describe both the nature of the ownership interest or right to control the vehicle, and the vehicle itself, including the make, model, year, and vehicle identification number. 22. At the time of the incident described in the complaint, did the driver of the vehicle described in your answer to the preceding interrogatory have permission to drive the vehicle? If so, state the names and addresses of all persons who have such permission. 23. At the time of the incident described in the complaint, were you engaged in any mission or activity for any other person or entity, including any employer? If so, state the name and address of that person or entity and the nature of the mission or activity. 24. 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 cost to repair the damage? Additionally, where was your vehicle repaired? 23000608CA 25 Please identify the wireless telephone service carrier(s) that provided Cellular Telephone service to all of the Cellular Telephones that were operational and within the vehicle you were driving on the date of incident under which this complaint arises and please also list each and every phone number for each phone disclosed in this interrogatory. 26. State whether you were using in any way a cellular telephone immediately prior to this collision (i.e. were you using your cell phone when this incident occurred?). If so, what were you using if for? 27. Please state the name and address, if known, of every single person that was in your vehicle at the time of the accident described in the complaint. 28. Describe all motor vehicle collisions you have been involved in over the past ten (10) years. Also identify the area and/or intersection where each occurred, the County and state in which each occurred, and the date. 23000608CA AFFIANT STATE OF FLORIDA ) COUNTY OF BEFORE ME, the undersigned authority, personally appeared , who being duly sworn, deposes and says that the answers to Interrogatories attached hereto are true to the best of his/her knowledge, information and belief. SWORN TO AND _ SUBSCRIBED _ before me on this day of » 2023. NOTARY PUBLIC, STATE OF FLORIDA AT LARGE My Commission Expires: Personally known: or Produced Identification: Type of Identification Produced: