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DOCKET NO. UWY-CV20-6056586-S SUPERIOR COURT
KEVIN McSWIGGIN J.D. OF WATERBURY
vs. AT WATERBURY
O’BRIEN INSURANCE AGENCY, LLC NOVEMBER 28, 2023
DEFENDANT'S MOTION FOR _NONSUIT
Pursuant to Practice Book §13-14, the undersigned counsel for
the defendant hereby moves that the court enter an order of nonsuit
against the plaintiff, Kevin McSwiggin for his failure to provide
full and complete compliance with the interrogatories and requests
for production.
On October 23, 2020, the defendant served Interrogatories &
Requests for Production upon plaintiff. On March 31, 2021, the
plaintiff responded to some but not all of the Interrogatories and
Requests for Production. On April 6, 2022 and October 25, 2023
plaintiff’s counsel filed supplemental responses to discovery;
however, to date, the plaintiff has failed to fully respond to
interrogatory #29 f-i, #30c, #30e, #45 a-f, #56 b-d, #64 and
production requests #7, #8, #10, #12 and #20.
This matter has been set down for jury selection and there are
scheduling orders indicating that discovery has to be completed by
November 3, 2023. The plaintiff has failed to provide business
records for the plaintiff which is the basis for his claim of
damages in the present action. The plaintiff claims that he failed
to file for Worker’s Compensation due to the defendant’s alleged
negligence in advising him as to the non-existence of worker’s
compensation coverage for the plaintiff employer as a result of an
unwitnessed fall that allegedly occurred while the plaintiff was
allegedly on the job.
While the plaintiff has failed to either provide responses or
has provided inadequate responses to numerous interrogatory and
production requests as stated herein, most importantly, the
plaintiff’s Supplemental responses dated October 25, 2023 (see
Supplemental Responses attached hereto as Schedule A), still
indicate that the tax returns for the three years prior to and up
to today’s date will be provided at a later date. This action was
initiated by the plaintiff in September of 2020. Plaintiff's
counsel knew at the time he initiated the action or should have
known that the plaintiff’s income would be the basis for proving
damages in this case yet, three (3) years later, the plaintiff is
still unable to produce the same. It is the plaintiff’s burden to
prove not only the negligence of the defendant but also the damages
sustained by the plaintiff. Thereafter, the defendant has a right
to assess those damages and have those damages analyzed by an
expert, who would be able to testify at trial. The plaintiff's
failure to produce said records clearly jeopardizes this
defendant’s right to defend itself.
On October 11, 2023, the undersigned party filed a
Motion to Compel (See court order #121 attached hereto as Schedule
B) which was ruled on by the court (Parkinson, J.) on October 25,
2023 (#121.10). The court’s order required the plaintiff to comply
with the discovery requests by November 24, 2023, or be subjected
to a nonsuit.
WHEREFORE, the defendant hereby moves this honorable court to
grant the defendant’s nonsuit for failure to comply with the court
order.
THE DEFENDANT, THE O’ BRIEN
BY:
DENISE (D. KENNEDY
DEL SOLE & DEL SOLE, LLC
46 SOUTH WHITTLESEY AVENUE
WALLINGFORD, CT 06492
203-284-8000
203-284-9800 FACSIMILE
JURIS NO. 402210
DDK@DELSOLEDELSOLE
.COM
CERTIFICATION
I hereby certify that the foregoing has been mailed postage
prepaid and/or sent via electronic mail and/or sent via facsimile on
this date to the following.
Kevin S. Coyne, Esquire
Coyne, von Kuhn, Brady & Fries, LLC
4 Armstrong Road
Shelton, CT 06484
ae
DENISE D. KENNEDY
SCHEDULE “A”
SCHEDULE A
DOCKET NO. UWY-CV-20-6056586-S: SUPERIOR COURT
KEVIN McSWIGGAN J.D. OF WATERBURY
vs. AT WATERBURY
O’BRIEN INSURANCE AGENCY, LLC OCTOBER 25, 2023
SUPPLEMENTAL RESPONSES TO INTERROGATORIES
The undersigned, on behalf of the defendant, hereby propounds
the following interrogatories to be answered by the plaintiff,
under oath, within sixty (60) days of the filing hereof insofar as
the disclosure sought will be of assistance in the defense of this
action and can be provided by the plaintiff with substantially
greater facility than could otherwise be obtained.
24. List each medical report received by you or your attorney
relating to your alleged injuries the or conditions by stating
name and address of the doctor or other health care provider, and
of any doctor or health care provider you anticipate calling as a
trial witness, who provided each such report and the date of each
such report.
ANSWER: The plaintiff has provided the reports that he has
received to date as part of his supplemental compliance and
responses dated April 6, 2022, including that of Dr. Robert Daher.
1
DEL SOLE & DEL SOLE, LLP - ATTORNEYS AT LAW
46 SOUTH WHITTLESEY AVENUE, WALLINGFORD, CT 06492-4102 - JURIS NO. 101674 - 203-785-8500
28. If, during the ten year period prior to the date of the
incident alleged in your Complaint, you were involved in any
incident in which you received personal injuries similar or
related to those identified and listed in your response to
Interrogatory #27, please answer the following with respect to
each such earlier incident:
a on what date and in what manner did you sustain
such injuries?
did you make a claim against anyone as a result of
said accident?
if so, provide the name and address of the person
or persons against whom a claim was made;
if suit was brought state the name and location
of the court, the return date of the suit, and the
docket number;
state the nature of the injuries received in said
accident;
state the name and address of each physician who
treated you for said injuries;
state the dates on which you were so treated;
state the nature of the treatment received on each
such date;
if you are presently or permanently disabled as a
result of said injuries, please state the nature
of such disability, the name and address of each
physician who diagnosed said disability and the
date of each such diagnosis.
ANSWER (a-i): As previously stated, Mr. McSwiggan does not recall
the date of the incident, but he was involved in a
rear-end
incident within a 10 year period prior to the accident. This
2
DEL SOLE & DEL SOLE, LLP - ATTORNEYS AT LAW
46 SOUTH WHITTLESEY AVENUE, WALLINGFORD, CT 06492-4102 - JURIS NO. 101674 - 203-785-8500
incident did not relate to similar injuries as it involved neck
pain. Mr. McSwiggan was checked out at Danbury Hospital and made a
claim against the other driver’s carrier which he believes was
Progressive. He did not have follow up care.
29. If you were involved in any incident in which you
received personal injuries since the date of the incident alleged
in the Complaint, please answer the following:
on what date and in what manner did you sustain
said injuries?
ANSWER: August 9, 2021
did you make a claim against anyone as a result of
said accident?
ANSWER: Yes
if so, provide the name and address of the person
or persons against whom a claim was made;
ANSWER: United Rentals, Inc.
d if suit was brought, state the name and location
of the Court, the return date of the suit, and the
docket number;
ANSWER: Waterbury Superior Court, Docket No. UWY-CV-23-6071659-s.
e state the nature of the injuries received in said
accident;
ANSWER: Head pain, neck pain, cervical sprain/strain, right
shoulder pain, right arm pain and weakness, cervical
radiculopathy, multiple cuts and bruises, aggravation or
exacerbation of pre-existing right eye condition leading to visual
3
DEL SOLE & DEL SOLE, LLP - ATTORNEYS AT LAW
46 SOUTH WHITTLESEY AVENUE, WALLINGFORD, CT 06492-4102 - JURIS NO. 101674 - 203-785-8500
impairment, pain and suffering, both physical and mental.
£state the name and address of each physician who
treated you for said injuries;
ANSWER To be provided once documents are received from counsel
who is handling this on behalf of the plaintiff.
g state the dates on which you were so treated;
ANSWER To be provided once documents are received from counsel
who is handling this on behalf of the plaintiff.
h state the nature of the treatment received on each
such date;
ANSWER To be provided once documents are received from counsel
who is handling this on behalf of the plaintiff.
i if you are presently or permanently disabled as a
result of said injuries, please state the nature
of such disability, the name and address of each
physician who diagnosed said disability and the
date of each such diagnosis.
ANSWER: No permanency diagnosis at this time.
30. If you claim that as a result of the incident alleged in
your Complaint you were prevented from following your usual
occupation, or otherwise lost time from work, please provide the
following information:
Cc your average, weekly earnings, salary, or income
received from said employment for the year
preceding the date of the incident alleged in the
Complaint;
ANSWER: Mr. McSwiggan is self-employed and essentially receives
4
DEL SOLE & DEL SOLE, LLP - ATTORNEYS AT LAW
46 SOUTH WHITTLESEY AVENUE, WALLINGFORD, CT 06492-4102 - JURIS NO. 101674 - 203-785-8500
compensation at year-end. He is working on completing all past tax
returns so he does not have a definitive answer as to the average
weekly earnings and salary relative to the year prior to this
incident.
e what loss of income do you claim as a result of
the incident alleged in your Complaint and how is
said loss computed?
ANSWER: Mr McSwiggan was audited relative to his workers’
compensation policy and the workers’ compensation carrier utilized
the amount of $60,000 per year. Mr. McSwiggan was unable to
perform his regular duties for approximately 1.5 years.
Accordingly, his lost wages, based upon the audit amount used by
the workers’ compensation carrier, would be at least $90,000.
45. List each policy of insurance the plaintiff obtained to
provide workers compensation insurance coverage for the interests
of the plaintiff from 2012 to the present, listing for each:
the name and address of the insurer;
the type of insurance policy obtained;
the policy number;
the policy term;
the policy limits;
the name and address of any agent through whom you
procured said policy.
ANSWER (a-f): As previously stated, Mr. McSwiggan had a fire in
his home and there are no documents available relative to prior
workers’ compensation insurance.
5
DEL SOLE & DEL SOLE, LLP - ATTORNEYS AT LAW
46 SOUTH WHITTLESEY AVENUE, WALLINGFORD, CT 06492-4102 - JURIS NO. 101674 - 203-785-8500
56. From 2012 through 2019, state the names and addresses of
each employee, agent or independent contractor employed by the
plaintiff or Rockwell Construction Incorporated, specifying for
each such individual:
a the dates on which said individual performed such
services;
b the nature, type and duration of any training such
individual obtained;
whether any license or certification was obtained
to perform this specific service, and if so,
please identify the type of license or
certification, and the issuer.
the frequency such service was performed;
the total amount of compensation paid to such
individual in each calendar year.
ANSWER: (a) *Correction to prior answer as Nick Mallozzi worked
for the plaintiff's company from 2016 to the present. Previously
Costa Stergue was from 2012 to 2016. The last known address for
Mr. Stergue was Redding Road in Redding, Connecticut.
64. Identify each and every accounting professional who
performed services for the plaintiff of Rockwell Construction,
Incorporated, from January 1, 2014 to the present.
ANSWER: Prior to 2015 the plaintiff utilized Jennifer Horvath as
a bookkeeper. However, Ms. Horvath passed away in mid-2015.
Currently, Mr. McSwiggan is utilizing Robert Lyon, JD, CPA, out of
Durham, Connecticut.
6
DEL SOLE & DEL SOLE, LLP - ATTORNEYS AT LAW
46 SOUTH WHITTLESEY AVENUE, WALLINGFORD, CT 06492-4102 - JURIS NO. 101674 - 203-785-8500
SUPPLEMENTAL RESPONSES TO REQUESTS FOR PRODUCTION
6 Complete, true and accurate copies of each and every Form
6 B document sent or filed with the Workers Compensation
Commission by the plaintiff or his employer from January 1, 2013
to present.
RESPONSE: None in plaintiff's possession.
7 All hospital records and bills relating to treatment
received as a result of the alleged incident, and to injuries,
diseases or defects to which reference is made in the answers to
Interrogatories 11 through 15, or 24 through 29, or written
authorization to inspect and make copies of said hospital records.
RESPONSE: All documents provided. To the extent documents relating
to interrogatory 29, those will be produced upon receipt from
counsel handling that claim for Mr. McSwiggan.
8 All reports, treatment notes and bills of all doctors and
all other care providers relating to treatment allegedly received
by the Plaintiff(s) as a result of the alleged incident, and to
the injuries, diseases or defects to which reference is made in
the answers to Interrogatories 11 through 16, or 24 through 29
(exclusive of any records prepared or maintained by a licensed
psychiatrist or psychologist), or written authorization to inspect
and make copies of said reports.
RESPONSE: Records in possession have been provided. As to
interrogatory 29, those will be provided upon receipt from counsel
7
DEL SOLE & DEL SOLE, LLP - ATTORNEYS AT LAW
46 SOUTH WHITTLESEY AVENUE, WALLINGFORD, CT 06492-4102 - JURIS NO. 101674 - 203-785-8500
handling that claim for Mr. McSwiggan.
10. If a claim of impaired earning capacity or lost wages is
being alleged, provide copies of, or written authorization to obtain
copies of, that part of all income tax returns relating to lost
income filed by the Plaintiff(s and/or Rockwell Construction
Incorporated for a period of three (3) years prior to the date of the
incident and for all years subsequent to the date of the incident to
and including the date hereof.
RESPONSE: Not available at this time. Mr. McSwiggan is utilizing an
accountant to prepare and file tax returns and once completed, those
will be produced.
12. All medical bills that are claimed to have been incurred as
a result of this incident.
RESPONSE: All medical bills in our possession have been provided.
20. Complete, true and accurate copies of any and all documents
submitted or received by the plaintiff or his employer in connection
with any Workers’ Compensation audit which occurred from 2012 through
the present, as referenced in response to Interrogatory No. 50.
RESPONSE: All document received relative to the audit have been
produced.
8
DEL SOLE & DEL SOLE, LLP - ATTORNEYS AT LAW
46 SOUTH WHITTLESEY AVENUE, WALLINGFORD, CT 06492-4102 - JURIS NO. 101674 - 203-785-8500
THE PLAINTIFF KEVIN McSWIGGAN
BY: /S/406995
Kevin S. Coyne
Coyne, von Kuhn, Brady &
Fries, LLC
CERTIFICATION
This
is to certify that a copy of the foregoing has been e-filed
with the
court, a copy sent this 25th day of October, 2023, via
Electronic Mail only, to:
Denise DelSole-Kennedy, Esquire
DelSole & DelSole, LLP
46 South Whittlesey Avenue
Wallingford, CT 06492
ddk@delsoledelsole.com
LindaM@delsoledelsole.com
BY /s/406995
Kevin S. Coyne
Coyne, von Kuhn, Brady &
Fries, LLC
SCHEDULE “B”
SCHEOULE B
JDNO NOTICE
UWY-CV-20-6056586-S MCSWIGGIN, KEVIN v. O'BRIEN INSURANCE AGENCY, LLC
Notice Issued: 10/26/2023
Court Address:
CLERK, SUPERIOR COURT
JUDICIAL DISTRICT OF WATERBURY
300 GRAND STREET
WATERBURY, CT 06702
Website: www.jud.ct.gov
Notice Content:
Notice Issued: 10/26/2023
Docket Number: UWY-CV-20-6056586-S
Case Caption: MCSWIGGIN, KEVIN v. O'BRIEN INSURANCE AGENCY, LLC
Notice Sequence #: 1
JDNO NOTICE
10/25/2023
ORDER
ORDER REGARDING:
10/11/2023 121.00 MOTION FOR ORDER
The foregoing, having been considered by the Court, is hereby:
ORDER:
Compliance is ordered, to the extent it is covered by standard discovery, by 11/24/2023. If the moving
party has not received compliance by that date, it may file an additional motion for default/nonsuit
attesting to that fact and referencing this order. Upon the appearance of that additional motion on the
short calendar, and absent the filing of a notice of compliance by the time of such appearance, a default/
nonsuit may be granted.
Judicial Notice (JDNO) was sent regarding this order.
442329
Judge: CARLETHA S PARKINSON
Preview
DOCKET NO. UWY-CV20-6056586-S SUPERIOR COURT KEVIN McSWIGGIN J.D. OF WATERBURY vs. AT WATERBURY O’BRIEN INSURANCE AGENCY, LLC NOVEMBER 28, 2023 DEFENDANT'S MOTION FOR _NONSUIT Pursuant to Practice Book §13-14, the undersigned counsel for the defendant hereby moves that the court enter an order of nonsuit against the plaintiff, Kevin McSwiggin for his failure to provide full and complete compliance with the interrogatories and requests for production. On October 23, 2020, the defendant served Interrogatories & Requests for Production upon plaintiff. On March 31, 2021, the plaintiff responded to some but not all of the Interrogatories and Requests for Production. On April 6, 2022 and October 25, 2023 plaintiff’s counsel filed supplemental responses to discovery; however, to date, the plaintiff has failed to fully respond to interrogatory #29 f-i, #30c, #30e, #45 a-f, #56 b-d, #64 and production requests #7, #8, #10, #12 and #20. This matter has been set down for jury selection and there are scheduling orders indicating that discovery has to be completed by November 3, 2023. The plaintiff has failed to provide business records for the plaintiff which is the basis for his claim of damages in the present action. The plaintiff claims that he failed to file for Worker’s Compensation due to the defendant’s alleged negligence in advising him as to the non-existence of worker’s compensation coverage for the plaintiff employer as a result of an unwitnessed fall that allegedly occurred while the plaintiff was allegedly on the job. While the plaintiff has failed to either provide responses or has provided inadequate responses to numerous interrogatory and production requests as stated herein, most importantly, the plaintiff’s Supplemental responses dated October 25, 2023 (see Supplemental Responses attached hereto as Schedule A), still indicate that the tax returns for the three years prior to and up to today’s date will be provided at a later date. This action was initiated by the plaintiff in September of 2020. Plaintiff's counsel knew at the time he initiated the action or should have known that the plaintiff’s income would be the basis for proving damages in this case yet, three (3) years later, the plaintiff is still unable to produce the same. It is the plaintiff’s burden to prove not only the negligence of the defendant but also the damages sustained by the plaintiff. Thereafter, the defendant has a right to assess those damages and have those damages analyzed by an expert, who would be able to testify at trial. The plaintiff's failure to produce said records clearly jeopardizes this defendant’s right to defend itself. On October 11, 2023, the undersigned party filed a Motion to Compel (See court order #121 attached hereto as Schedule B) which was ruled on by the court (Parkinson, J.) on October 25, 2023 (#121.10). The court’s order required the plaintiff to comply with the discovery requests by November 24, 2023, or be subjected to a nonsuit. WHEREFORE, the defendant hereby moves this honorable court to grant the defendant’s nonsuit for failure to comply with the court order. THE DEFENDANT, THE O’ BRIEN BY: DENISE (D. KENNEDY DEL SOLE & DEL SOLE, LLC 46 SOUTH WHITTLESEY AVENUE WALLINGFORD, CT 06492 203-284-8000 203-284-9800 FACSIMILE JURIS NO. 402210 DDK@DELSOLEDELSOLE .COM CERTIFICATION I hereby certify that the foregoing has been mailed postage prepaid and/or sent via electronic mail and/or sent via facsimile on this date to the following. Kevin S. Coyne, Esquire Coyne, von Kuhn, Brady & Fries, LLC 4 Armstrong Road Shelton, CT 06484 ae DENISE D. KENNEDY SCHEDULE “A” SCHEDULE A DOCKET NO. UWY-CV-20-6056586-S: SUPERIOR COURT KEVIN McSWIGGAN J.D. OF WATERBURY vs. AT WATERBURY O’BRIEN INSURANCE AGENCY, LLC OCTOBER 25, 2023 SUPPLEMENTAL RESPONSES TO INTERROGATORIES The undersigned, on behalf of the defendant, hereby propounds the following interrogatories to be answered by the plaintiff, under oath, within sixty (60) days of the filing hereof insofar as the disclosure sought will be of assistance in the defense of this action and can be provided by the plaintiff with substantially greater facility than could otherwise be obtained. 24. List each medical report received by you or your attorney relating to your alleged injuries the or conditions by stating name and address of the doctor or other health care provider, and of any doctor or health care provider you anticipate calling as a trial witness, who provided each such report and the date of each such report. ANSWER: The plaintiff has provided the reports that he has received to date as part of his supplemental compliance and responses dated April 6, 2022, including that of Dr. Robert Daher. 1 DEL SOLE & DEL SOLE, LLP - ATTORNEYS AT LAW 46 SOUTH WHITTLESEY AVENUE, WALLINGFORD, CT 06492-4102 - JURIS NO. 101674 - 203-785-8500 28. If, during the ten year period prior to the date of the incident alleged in your Complaint, you were involved in any incident in which you received personal injuries similar or related to those identified and listed in your response to Interrogatory #27, please answer the following with respect to each such earlier incident: a on what date and in what manner did you sustain such injuries? did you make a claim against anyone as a result of said accident? if so, provide the name and address of the person or persons against whom a claim was made; if suit was brought state the name and location of the court, the return date of the suit, and the docket number; state the nature of the injuries received in said accident; state the name and address of each physician who treated you for said injuries; state the dates on which you were so treated; state the nature of the treatment received on each such date; if you are presently or permanently disabled as a result of said injuries, please state the nature of such disability, the name and address of each physician who diagnosed said disability and the date of each such diagnosis. ANSWER (a-i): As previously stated, Mr. McSwiggan does not recall the date of the incident, but he was involved in a rear-end incident within a 10 year period prior to the accident. This 2 DEL SOLE & DEL SOLE, LLP - ATTORNEYS AT LAW 46 SOUTH WHITTLESEY AVENUE, WALLINGFORD, CT 06492-4102 - JURIS NO. 101674 - 203-785-8500 incident did not relate to similar injuries as it involved neck pain. Mr. McSwiggan was checked out at Danbury Hospital and made a claim against the other driver’s carrier which he believes was Progressive. He did not have follow up care. 29. If you were involved in any incident in which you received personal injuries since the date of the incident alleged in the Complaint, please answer the following: on what date and in what manner did you sustain said injuries? ANSWER: August 9, 2021 did you make a claim against anyone as a result of said accident? ANSWER: Yes if so, provide the name and address of the person or persons against whom a claim was made; ANSWER: United Rentals, Inc. d if suit was brought, state the name and location of the Court, the return date of the suit, and the docket number; ANSWER: Waterbury Superior Court, Docket No. UWY-CV-23-6071659-s. e state the nature of the injuries received in said accident; ANSWER: Head pain, neck pain, cervical sprain/strain, right shoulder pain, right arm pain and weakness, cervical radiculopathy, multiple cuts and bruises, aggravation or exacerbation of pre-existing right eye condition leading to visual 3 DEL SOLE & DEL SOLE, LLP - ATTORNEYS AT LAW 46 SOUTH WHITTLESEY AVENUE, WALLINGFORD, CT 06492-4102 - JURIS NO. 101674 - 203-785-8500 impairment, pain and suffering, both physical and mental. £state the name and address of each physician who treated you for said injuries; ANSWER To be provided once documents are received from counsel who is handling this on behalf of the plaintiff. g state the dates on which you were so treated; ANSWER To be provided once documents are received from counsel who is handling this on behalf of the plaintiff. h state the nature of the treatment received on each such date; ANSWER To be provided once documents are received from counsel who is handling this on behalf of the plaintiff. i if you are presently or permanently disabled as a result of said injuries, please state the nature of such disability, the name and address of each physician who diagnosed said disability and the date of each such diagnosis. ANSWER: No permanency diagnosis at this time. 30. If you claim that as a result of the incident alleged in your Complaint you were prevented from following your usual occupation, or otherwise lost time from work, please provide the following information: Cc your average, weekly earnings, salary, or income received from said employment for the year preceding the date of the incident alleged in the Complaint; ANSWER: Mr. McSwiggan is self-employed and essentially receives 4 DEL SOLE & DEL SOLE, LLP - ATTORNEYS AT LAW 46 SOUTH WHITTLESEY AVENUE, WALLINGFORD, CT 06492-4102 - JURIS NO. 101674 - 203-785-8500 compensation at year-end. He is working on completing all past tax returns so he does not have a definitive answer as to the average weekly earnings and salary relative to the year prior to this incident. e what loss of income do you claim as a result of the incident alleged in your Complaint and how is said loss computed? ANSWER: Mr McSwiggan was audited relative to his workers’ compensation policy and the workers’ compensation carrier utilized the amount of $60,000 per year. Mr. McSwiggan was unable to perform his regular duties for approximately 1.5 years. Accordingly, his lost wages, based upon the audit amount used by the workers’ compensation carrier, would be at least $90,000. 45. List each policy of insurance the plaintiff obtained to provide workers compensation insurance coverage for the interests of the plaintiff from 2012 to the present, listing for each: the name and address of the insurer; the type of insurance policy obtained; the policy number; the policy term; the policy limits; the name and address of any agent through whom you procured said policy. ANSWER (a-f): As previously stated, Mr. McSwiggan had a fire in his home and there are no documents available relative to prior workers’ compensation insurance. 5 DEL SOLE & DEL SOLE, LLP - ATTORNEYS AT LAW 46 SOUTH WHITTLESEY AVENUE, WALLINGFORD, CT 06492-4102 - JURIS NO. 101674 - 203-785-8500 56. From 2012 through 2019, state the names and addresses of each employee, agent or independent contractor employed by the plaintiff or Rockwell Construction Incorporated, specifying for each such individual: a the dates on which said individual performed such services; b the nature, type and duration of any training such individual obtained; whether any license or certification was obtained to perform this specific service, and if so, please identify the type of license or certification, and the issuer. the frequency such service was performed; the total amount of compensation paid to such individual in each calendar year. ANSWER: (a) *Correction to prior answer as Nick Mallozzi worked for the plaintiff's company from 2016 to the present. Previously Costa Stergue was from 2012 to 2016. The last known address for Mr. Stergue was Redding Road in Redding, Connecticut. 64. Identify each and every accounting professional who performed services for the plaintiff of Rockwell Construction, Incorporated, from January 1, 2014 to the present. ANSWER: Prior to 2015 the plaintiff utilized Jennifer Horvath as a bookkeeper. However, Ms. Horvath passed away in mid-2015. Currently, Mr. McSwiggan is utilizing Robert Lyon, JD, CPA, out of Durham, Connecticut. 6 DEL SOLE & DEL SOLE, LLP - ATTORNEYS AT LAW 46 SOUTH WHITTLESEY AVENUE, WALLINGFORD, CT 06492-4102 - JURIS NO. 101674 - 203-785-8500 SUPPLEMENTAL RESPONSES TO REQUESTS FOR PRODUCTION 6 Complete, true and accurate copies of each and every Form 6 B document sent or filed with the Workers Compensation Commission by the plaintiff or his employer from January 1, 2013 to present. RESPONSE: None in plaintiff's possession. 7 All hospital records and bills relating to treatment received as a result of the alleged incident, and to injuries, diseases or defects to which reference is made in the answers to Interrogatories 11 through 15, or 24 through 29, or written authorization to inspect and make copies of said hospital records. RESPONSE: All documents provided. To the extent documents relating to interrogatory 29, those will be produced upon receipt from counsel handling that claim for Mr. McSwiggan. 8 All reports, treatment notes and bills of all doctors and all other care providers relating to treatment allegedly received by the Plaintiff(s) as a result of the alleged incident, and to the injuries, diseases or defects to which reference is made in the answers to Interrogatories 11 through 16, or 24 through 29 (exclusive of any records prepared or maintained by a licensed psychiatrist or psychologist), or written authorization to inspect and make copies of said reports. RESPONSE: Records in possession have been provided. As to interrogatory 29, those will be provided upon receipt from counsel 7 DEL SOLE & DEL SOLE, LLP - ATTORNEYS AT LAW 46 SOUTH WHITTLESEY AVENUE, WALLINGFORD, CT 06492-4102 - JURIS NO. 101674 - 203-785-8500 handling that claim for Mr. McSwiggan. 10. If a claim of impaired earning capacity or lost wages is being alleged, provide copies of, or written authorization to obtain copies of, that part of all income tax returns relating to lost income filed by the Plaintiff(s and/or Rockwell Construction Incorporated for a period of three (3) years prior to the date of the incident and for all years subsequent to the date of the incident to and including the date hereof. RESPONSE: Not available at this time. Mr. McSwiggan is utilizing an accountant to prepare and file tax returns and once completed, those will be produced. 12. All medical bills that are claimed to have been incurred as a result of this incident. RESPONSE: All medical bills in our possession have been provided. 20. Complete, true and accurate copies of any and all documents submitted or received by the plaintiff or his employer in connection with any Workers’ Compensation audit which occurred from 2012 through the present, as referenced in response to Interrogatory No. 50. RESPONSE: All document received relative to the audit have been produced. 8 DEL SOLE & DEL SOLE, LLP - ATTORNEYS AT LAW 46 SOUTH WHITTLESEY AVENUE, WALLINGFORD, CT 06492-4102 - JURIS NO. 101674 - 203-785-8500 THE PLAINTIFF KEVIN McSWIGGAN BY: /S/406995 Kevin S. Coyne Coyne, von Kuhn, Brady & Fries, LLC CERTIFICATION This is to certify that a copy of the foregoing has been e-filed with the court, a copy sent this 25th day of October, 2023, via Electronic Mail only, to: Denise DelSole-Kennedy, Esquire DelSole & DelSole, LLP 46 South Whittlesey Avenue Wallingford, CT 06492 ddk@delsoledelsole.com LindaM@delsoledelsole.com BY /s/406995 Kevin S. Coyne Coyne, von Kuhn, Brady & Fries, LLC SCHEDULE “B” SCHEOULE B JDNO NOTICE UWY-CV-20-6056586-S MCSWIGGIN, KEVIN v. O'BRIEN INSURANCE AGENCY, LLC Notice Issued: 10/26/2023 Court Address: CLERK, SUPERIOR COURT JUDICIAL DISTRICT OF WATERBURY 300 GRAND STREET WATERBURY, CT 06702 Website: www.jud.ct.gov Notice Content: Notice Issued: 10/26/2023 Docket Number: UWY-CV-20-6056586-S Case Caption: MCSWIGGIN, KEVIN v. O'BRIEN INSURANCE AGENCY, LLC Notice Sequence #: 1 JDNO NOTICE 10/25/2023 ORDER ORDER REGARDING: 10/11/2023 121.00 MOTION FOR ORDER The foregoing, having been considered by the Court, is hereby: ORDER: Compliance is ordered, to the extent it is covered by standard discovery, by 11/24/2023. If the moving party has not received compliance by that date, it may file an additional motion for default/nonsuit attesting to that fact and referencing this order. Upon the appearance of that additional motion on the short calendar, and absent the filing of a notice of compliance by the time of such appearance, a default/ nonsuit may be granted. Judicial Notice (JDNO) was sent regarding this order. 442329 Judge: CARLETHA S PARKINSON