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Filing # 164894645 E-Filed 01/17/2023 05:05:20 PM
IN THE CIRCUIT COURT, FIFTH
JUDICIAL CIRCUIT, IN AND FOR
LAKE COUNTY, FLORIDA
CASE NO.: 2022-CA-002134
MELISSA MAGLIO,
an individual,
Plaintiff,
vs.
DOLGENCORP, LLC,
a Foreign Limited Liability Company
Defendant.
/
DEFENDANT DOLGENCORP, LLC’S NOTICE OF SERVICE OF
FIRST SET OF INTERROGATORIES TO PLAINTIFF MELISSA MAGLIO
COMES NOW the Defendant, DOLGENCORP, LLC, by and through its undersigned
counsel and pursuant to Rule 1.340 of the Florida Rules of Civil Procedure, hereby gives notice
of serving this First Set of Interrogatories to Plaintiff, MELISSA MAGLIO, numbered | through
25, to be answered in writing and under oath within thirty (30) days from the date of service
hereof.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a copy of the foregoing has been furnished via the Florida
Courts E-Filing Portal System to Lisa M. Nommensen, Esquire, Law Office of Nooney,
Roberts, Hewett & Nowicki, 1680 Emerson Street, Jacksonville, FL 32207, lisa@nrhnlaw.com,
and smeneil@nrhnlaw.com, Attorney for Plaintiff, on this 17" day of January, 2022.
FILED: LAKE COUNTY, GARY J. COONEY, CLERK, 01/18/2023 08:38:17 AM
ST. DENIS & DAVEY, P.A.
C
KACIE K. HUTCHINSON, ESQUIRE
Florida Bar Number 016121
kacie@sdtriallaw.com
1300 Riverplace Boulevard, Suite 401
Jacksonville, Florida 32207
(904) 396-1996 — Telephone
(904) 396-1991 — Facsimile
Attorney for Dolgencorp, LLC
IN THE CIRCUIT COURT, FIFTH
JUDICIAL CIRCUIT, IN AND FOR
LAKE COUNTY, FLORIDA
CASE NO.: 2022-CA-002134
MELISSA MAGLIO,
an individual,
Plaintiff,
vs.
DOLGENCORP, LLC,
a Foreign Limited Liability Company
Defendant.
/
FIRST SET OF INTERROGATORIES TO PLAINTIFF MELISSA MAGLIO
In accordance with the Florida Rules of Civil Procedure, the Defendant, DOLGENCORP,
LLC, by and through its undersigned counsel, and pursuant to Rule 1.340 of the Florida Rules of
Civil Procedure, hereby propounds the First Set of Interrogatories to Plaintiff, MELISSA
MAGLIO, to be answered in writing and under oath within thirty (30) days from the date of
service hereof.
1 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, your date of birth, and, if you are or have ever been married, the name
of your spouse or spouses.
2 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?
3 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 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.
4 Please state if you have ever been a party, either plaintiff or defendant, in a
lawsuit or claim 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.
5 Describe in detail how the incident described in the Complaint happened,
including exactly where on or about the premises you were walking, why you chose to walk on
that particular pathway, where you were walking from and towards, if you had ever walked in
that same pathway before the incident, and all actions taken by you to prevent the incident.
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 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.
8 On the date of the subject incident, describe/provide:
What you were doing before arriving at the Dollar General store;
Where you were coming from;
What time you arrived at the store;
How long you were in the store;
What you were shopping for;
What time you left the store; and
Where you went after leaving the store.
9 Please state the footgear and clothing worn by you at the time of the incident
described in the Complaint and whether they are still in your possession.
10. 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.
ll. 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.
14. 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.
15. For any area of your body which you contend you injured as a result of the subject
incident described in the Complaint, please state whether you have ever experienced any
problems or ever injured those areas of your body at any other time in your life. If your answer
is yes, please state which area or areas of your body were injured or with which you experienced
any problems, when the injury or problem occurred, what problems or symptoms experienced,
and any health care providers you saw for care and treatment.
16. 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
in the past ten (10) years (including but not limited to treatment related to the subject incident),
and state as to each the date of treatment or examination and the injury or condition for which
you were examined or treated.
17. Please provide the name, address and telephone number for every pharmacy at
which you have filled prescriptions in the past ten (10) years.
18. 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 of the person or entity to
whom each was paid or is owed, and the goods or services for which each was incurred.
19. 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.
20. 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 and the method that you used in computing
the amount.
21. 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 10
years.
22. Please provide the name, address and telephone number of any insurance carrier
(i.e., automobile, health) through whom insurance benefits were available to you for the past ten
(10) years, as well as the Policy Number, Group Number, Identification Number, name of
insured, and all other information in your possession which will aid the insurance carrier in
locating your records.
23. State whether you have been involved in any accident or incident or any kind,
either before or after the incident described in your Complaint, in which you sustained bodily
injury, including but not limited to trip/slip and falls. If so, state the date of each such accident
or injury, the place of each such accident or injury, the nature of the injuries you received, the
name and address of each health care provider who examined or treated you for such injuries you
received, and whether you made a claim for such injuries.
24. 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 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.
25. At the time of the subject incident, did you have a cellular phone or device and if
so, please state your cellular provider, account number, and phone number, and whether you
were using your cellular phone or device at the time of the subject accident.
MELISSA MAGLIO
STATE OF
COUNTY OF
BEFORE ME, the undersigned authority authorized to administer oaths, personally
appeared MELISSA MAGLIO who, first being duly sworn, acknowledge that she executed the
foregoing Answers to Interrogatories and that she has read the answers and that they are true and
correct to the best of her knowledge and belief, and she executed the same in my presence, this
day of 20
NOTARY PUBLIC
My commission expires:
[ ] is personally know to me; or
[ ] who has produced as identification.
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Filing # 164894645 E-Filed 01/17/2023 05:05:20 PM IN THE CIRCUIT COURT, FIFTH JUDICIAL CIRCUIT, IN AND FOR LAKE COUNTY, FLORIDA CASE NO.: 2022-CA-002134 MELISSA MAGLIO, an individual, Plaintiff, vs. DOLGENCORP, LLC, a Foreign Limited Liability Company Defendant. / DEFENDANT DOLGENCORP, LLC’S NOTICE OF SERVICE OF FIRST SET OF INTERROGATORIES TO PLAINTIFF MELISSA MAGLIO COMES NOW the Defendant, DOLGENCORP, LLC, by and through its undersigned counsel and pursuant to Rule 1.340 of the Florida Rules of Civil Procedure, hereby gives notice of serving this First Set of Interrogatories to Plaintiff, MELISSA MAGLIO, numbered | through 25, to be answered in writing and under oath within thirty (30) days from the date of service hereof. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of the foregoing has been furnished via the Florida Courts E-Filing Portal System to Lisa M. Nommensen, Esquire, Law Office of Nooney, Roberts, Hewett & Nowicki, 1680 Emerson Street, Jacksonville, FL 32207, lisa@nrhnlaw.com, and smeneil@nrhnlaw.com, Attorney for Plaintiff, on this 17" day of January, 2022. FILED: LAKE COUNTY, GARY J. COONEY, CLERK, 01/18/2023 08:38:17 AM ST. DENIS & DAVEY, P.A. C KACIE K. HUTCHINSON, ESQUIRE Florida Bar Number 016121 kacie@sdtriallaw.com 1300 Riverplace Boulevard, Suite 401 Jacksonville, Florida 32207 (904) 396-1996 — Telephone (904) 396-1991 — Facsimile Attorney for Dolgencorp, LLC IN THE CIRCUIT COURT, FIFTH JUDICIAL CIRCUIT, IN AND FOR LAKE COUNTY, FLORIDA CASE NO.: 2022-CA-002134 MELISSA MAGLIO, an individual, Plaintiff, vs. DOLGENCORP, LLC, a Foreign Limited Liability Company Defendant. / FIRST SET OF INTERROGATORIES TO PLAINTIFF MELISSA MAGLIO In accordance with the Florida Rules of Civil Procedure, the Defendant, DOLGENCORP, LLC, by and through its undersigned counsel, and pursuant to Rule 1.340 of the Florida Rules of Civil Procedure, hereby propounds the First Set of Interrogatories to Plaintiff, MELISSA MAGLIO, to be answered in writing and under oath within thirty (30) days from the date of service hereof. 1 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, your date of birth, and, if you are or have ever been married, the name of your spouse or spouses. 2 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? 3 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 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. 4 Please state if you have ever been a party, either plaintiff or defendant, in a lawsuit or claim 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. 5 Describe in detail how the incident described in the Complaint happened, including exactly where on or about the premises you were walking, why you chose to walk on that particular pathway, where you were walking from and towards, if you had ever walked in that same pathway before the incident, and all actions taken by you to prevent the incident. 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 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. 8 On the date of the subject incident, describe/provide: What you were doing before arriving at the Dollar General store; Where you were coming from; What time you arrived at the store; How long you were in the store; What you were shopping for; What time you left the store; and Where you went after leaving the store. 9 Please state the footgear and clothing worn by you at the time of the incident described in the Complaint and whether they are still in your possession. 10. 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. ll. 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. 14. 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. 15. For any area of your body which you contend you injured as a result of the subject incident described in the Complaint, please state whether you have ever experienced any problems or ever injured those areas of your body at any other time in your life. If your answer is yes, please state which area or areas of your body were injured or with which you experienced any problems, when the injury or problem occurred, what problems or symptoms experienced, and any health care providers you saw for care and treatment. 16. 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 in the past ten (10) years (including but not limited to treatment related to the subject incident), and state as to each the date of treatment or examination and the injury or condition for which you were examined or treated. 17. Please provide the name, address and telephone number for every pharmacy at which you have filled prescriptions in the past ten (10) years. 18. 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 of the person or entity to whom each was paid or is owed, and the goods or services for which each was incurred. 19. 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. 20. 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 and the method that you used in computing the amount. 21. 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 10 years. 22. Please provide the name, address and telephone number of any insurance carrier (i.e., automobile, health) through whom insurance benefits were available to you for the past ten (10) years, as well as the Policy Number, Group Number, Identification Number, name of insured, and all other information in your possession which will aid the insurance carrier in locating your records. 23. State whether you have been involved in any accident or incident or any kind, either before or after the incident described in your Complaint, in which you sustained bodily injury, including but not limited to trip/slip and falls. If so, state the date of each such accident or injury, the place of each such accident or injury, the nature of the injuries you received, the name and address of each health care provider who examined or treated you for such injuries you received, and whether you made a claim for such injuries. 24. 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 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. 25. At the time of the subject incident, did you have a cellular phone or device and if so, please state your cellular provider, account number, and phone number, and whether you were using your cellular phone or device at the time of the subject accident. MELISSA MAGLIO STATE OF COUNTY OF BEFORE ME, the undersigned authority authorized to administer oaths, personally appeared MELISSA MAGLIO who, first being duly sworn, acknowledge that she executed the foregoing Answers to Interrogatories and that she has read the answers and that they are true and correct to the best of her knowledge and belief, and she executed the same in my presence, this day of 20 NOTARY PUBLIC My commission expires: [ ] is personally know to me; or [ ] who has produced as identification.