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Filing # 189204713 E-Filed 01/05/2024 04:56:45 PM
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR LEE COUNTY, FLORIDA
CIVIL DIVISION
PAIGE CARROLL,
Plaintiff,
vs. CASE NO.:
ANNABELLE FOOS,
Defendant.
/
NOTICE OF SERVICE OF INTERROGATORIES
TO DEFENDANT ANNABELLE FOOS
Plaintiff, PAIGE CARROLL, by and through undersigned
counsel, hereby notifies this Honorable Court that Plaintiff served
Interrogatories to Defendant, ANNABELLE FOOS.
CERTIFICATE OF SERVICE
| HEREBY CERTIFY that the foregoing document has been
furnished via process server along with the Summons and Complaint
on this _S’ day of January 2024,
PLAINTIFF'S INTERROGATOR]I DEFENDANT
By:
Benjamin usk, Esq.
Florida t No. 118
Lusk, rasit olisano, P.A.
202 Det Prado Blvd. S. -
Cape Coral, Florida 33990
Telephone: (239) 574-7442
Email: BLlusk@LDTlaw.com
Email: Rose@LDTlaw.com
Email: Gillian@LDTlaw.com
PLAINTIFF'S INTERROGATORIES TO DEFENDANT
1
Identify the person answering these interrogatories
including the following: name and any former name(s), address, date
of birth, driver’s license number, social security number, and if
applicable the person’s official position or relationship with the party
to whom the interrogatories are directed?
2 In the past ten (10) years have you ever been charged
with any violation of the law (including any civil and criminal laws,
regulations, ordinances including motor vehicle infractions) or been a
party to a lawsuit? If so, what was the date, county, specific
description of each charged violation or lawsuit, plea, and outcome or
disposition of each charged violation? This request includes any
violations arising from the subject incident.
3 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.
4 Identify 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, the name and address of the custodian of
the policy, and whether you made an agreement with anyone that
would limit liability to anyone for any damages sued upon in this case
including the terms of the agreement?
PLAINTIFF'S INTERROGATORIES TO DEFENDANT
5 Describe in detail how the incident described in the
Complaint happened, including all actions taken by you to prevent the
incident, and each act or omission on the part of any party or non-
party to this lawsuit that you contend constituted negligence that was
a contributing legal cause of the subject incident. If 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, please state the full
name and address of each such person or entity, the legal basis for
you 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. This interrogatory specifically includes but
is not limited to Alma Garza and all the factual bases which you
contend she may have caused the subject motor vehicle crash with
Plaintiffs.
6 State the facts upon which you rely for each affirmative
defense in your answer.
7 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. This
interrogatory question includes but is not limited to; any passengers
in any vehicle involved in the subject incident, any witnesses to the
subject incident, any individuals who learned of or have knowledge
relevant to liability and damages in this case.
8 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 addresses of each person who heard it, and the date,
time, place, and substance of each statement.
PLAINTIFF'S INTERROGATORIES TO DEFENDANT
9 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, video footage (including any dashcam, bodycam,
store footage, surveillance footage, and cellphone footage), 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.
10. At the time of the subject incident, did you have any
physical impairment, disability, restrictions, or distractions that have
any impact on your ability to operate a motor vehicle at the time of the
Subject incident including but not limited to; eyesight, hearing,
medication, sleep deprivation, or other health issue.
11. 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.
12. 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.
13. At the time of the incident described in the complaint, was
the defendant driver 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.
PLAINTIFF'S INTERROGATORIES TO DEFENDANT
14. Who is in current possession and control of the Subject
Vehicle and was the subject vehicle repaired? If the Subject Vehicle
was repaired, who performed the repairs and how much were the
repair costs? If the Subject Vehicle was totaled where was its last
known location?
15. What was the cellular phone number, carrier, and name
of the person or entity who owns the cellular plan for all cellular
phones in the Subject Vehicle at the time of the subject incident?
16. 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.
17. Atthe time of the subject incident what is the weight of
the subject vehicle in its unloaded configuration and describe the
type, amount, and weight of any cargo the Subject vehicle was
loaded with or carrying at the time of the subject incident.
18. Is there any vehicle navigation data, black box, GPS,
map / route data, phone navigation, or other data relevant to the
subject incident? If so, please specify the type of data, the format in
which the data is kept and the current custodian of said data.
PLAINTIFF'S INTERROGATORIES TO DEFENDANT
STATE OF
COUNTY OF. SWORN BY (Signature)
BEFORE ME, the undersigned authority, this date personally
appeared, , who after being first
duly sworn, deposes and says that he/she is the person who
answered the foregoing Interrogatories, and he/she duly
acknowledged and swore or affirmed before me that all of said
Interrogatories were answered truthfully and completely to the best of
his/her knowledge and ability.
SWORN TO AND SUBSCRIBED before me this day of
, 2024.
Personally Known or
Produced Identification
Type of Identification Produced:
NOTARY PUBLIC (Signature)
Notary Printed Name
My Commission Expires:
(NOTARY SEAL)
Preview
Filing # 189204713 E-Filed 01/05/2024 04:56:45 PM IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR LEE COUNTY, FLORIDA CIVIL DIVISION PAIGE CARROLL, Plaintiff, vs. CASE NO.: ANNABELLE FOOS, Defendant. / NOTICE OF SERVICE OF INTERROGATORIES TO DEFENDANT ANNABELLE FOOS Plaintiff, PAIGE CARROLL, by and through undersigned counsel, hereby notifies this Honorable Court that Plaintiff served Interrogatories to Defendant, ANNABELLE FOOS. CERTIFICATE OF SERVICE | HEREBY CERTIFY that the foregoing document has been furnished via process server along with the Summons and Complaint on this _S’ day of January 2024, PLAINTIFF'S INTERROGATOR]I DEFENDANT By: Benjamin usk, Esq. Florida t No. 118 Lusk, rasit olisano, P.A. 202 Det Prado Blvd. S. - Cape Coral, Florida 33990 Telephone: (239) 574-7442 Email: BLlusk@LDTlaw.com Email: Rose@LDTlaw.com Email: Gillian@LDTlaw.com PLAINTIFF'S INTERROGATORIES TO DEFENDANT 1 Identify the person answering these interrogatories including the following: name and any former name(s), address, date of birth, driver’s license number, social security number, and if applicable the person’s official position or relationship with the party to whom the interrogatories are directed? 2 In the past ten (10) years have you ever been charged with any violation of the law (including any civil and criminal laws, regulations, ordinances including motor vehicle infractions) or been a party to a lawsuit? If so, what was the date, county, specific description of each charged violation or lawsuit, plea, and outcome or disposition of each charged violation? This request includes any violations arising from the subject incident. 3 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. 4 Identify 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, the name and address of the custodian of the policy, and whether you made an agreement with anyone that would limit liability to anyone for any damages sued upon in this case including the terms of the agreement? PLAINTIFF'S INTERROGATORIES TO DEFENDANT 5 Describe in detail how the incident described in the Complaint happened, including all actions taken by you to prevent the incident, and each act or omission on the part of any party or non- party to this lawsuit that you contend constituted negligence that was a contributing legal cause of the subject incident. If 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, please state the full name and address of each such person or entity, the legal basis for you 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. This interrogatory specifically includes but is not limited to Alma Garza and all the factual bases which you contend she may have caused the subject motor vehicle crash with Plaintiffs. 6 State the facts upon which you rely for each affirmative defense in your answer. 7 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. This interrogatory question includes but is not limited to; any passengers in any vehicle involved in the subject incident, any witnesses to the subject incident, any individuals who learned of or have knowledge relevant to liability and damages in this case. 8 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 addresses of each person who heard it, and the date, time, place, and substance of each statement. PLAINTIFF'S INTERROGATORIES TO DEFENDANT 9 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, video footage (including any dashcam, bodycam, store footage, surveillance footage, and cellphone footage), 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. 10. At the time of the subject incident, did you have any physical impairment, disability, restrictions, or distractions that have any impact on your ability to operate a motor vehicle at the time of the Subject incident including but not limited to; eyesight, hearing, medication, sleep deprivation, or other health issue. 11. 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. 12. 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. 13. At the time of the incident described in the complaint, was the defendant driver 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. PLAINTIFF'S INTERROGATORIES TO DEFENDANT 14. Who is in current possession and control of the Subject Vehicle and was the subject vehicle repaired? If the Subject Vehicle was repaired, who performed the repairs and how much were the repair costs? If the Subject Vehicle was totaled where was its last known location? 15. What was the cellular phone number, carrier, and name of the person or entity who owns the cellular plan for all cellular phones in the Subject Vehicle at the time of the subject incident? 16. 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. 17. Atthe time of the subject incident what is the weight of the subject vehicle in its unloaded configuration and describe the type, amount, and weight of any cargo the Subject vehicle was loaded with or carrying at the time of the subject incident. 18. Is there any vehicle navigation data, black box, GPS, map / route data, phone navigation, or other data relevant to the subject incident? If so, please specify the type of data, the format in which the data is kept and the current custodian of said data. PLAINTIFF'S INTERROGATORIES TO DEFENDANT STATE OF COUNTY OF. SWORN BY (Signature) BEFORE ME, the undersigned authority, this date personally appeared, , who after being first duly sworn, deposes and says that he/she is the person who answered the foregoing Interrogatories, and he/she duly acknowledged and swore or affirmed before me that all of said Interrogatories were answered truthfully and completely to the best of his/her knowledge and ability. SWORN TO AND SUBSCRIBED before me this day of , 2024. Personally Known or Produced Identification Type of Identification Produced: NOTARY PUBLIC (Signature) Notary Printed Name My Commission Expires: (NOTARY SEAL)