Motion for Substituted Service in SON KY VO Vs. GARRY V BARLOW| Trellis.Law

On February 19, 2024 a Proof of Service was filed involving a dispute between Vo, Son Ky, and Barlow, Garry V, for AUTO NEGLIGENCE - CIRCUIT in the District Court of Pinellas County.

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Case Number:24-000811-CI

Filing # 192249935 E-Filed 02/19/2024 03:23:29 PM

***ELECTRONICALLY FILED 02/19/2024 03:23:27 PM: KEN BURKE, CLERK OF THE CIRCUIT COURT, PINELLAS COUNTY***
CERTIFICATE 0F SERVICE

I HEREBY CERTIFY that a true and correct copy 0f the foregoing together with the

original Interrogatories will be served by a process server upon the Defendant, GARRY V.

BARLOW, along with a copy of the Complaint. A copy of the foregoing will be served by a

process server upon the Defendaﬂ, GARRY V. BARLOW. The Notice has been ﬁled with the

Clerk of the Court, 0n this day of February, 2024.
:L

TTORNEY
IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT
OF THE STATE OF FLORIDA, IN AND FOR PINELLAS COUNTY
CIVIL DIVISION

SO KY VO,

Plaintiff, CASE NO.:

GARRY V. BARLOW,

Defendant.
/

PLAINTIFF’S FIRST SET OF INTERROGATORIES
TO DEFENDANT GARRY V. BARLOW
Plaintiff, SON KY V0, by and through his undersigned attorneys, hereby propounds to the

Defendant, GARRY V. BARLOW (“BARLOW”), pursuant t0 Rule 1.340 of the Florida Rules 0f

Civil Procedure, the attached Interrogatories, numbered one (1) through twenty—ﬁve (25), to be

answered in writing under oath, within forty-ﬁve (45) days from the date 0f service. These

Interrogatories may be answered in the spaces provided herein. If sufﬁcient space is not provided,

the answering party may attach additional papers with the Answers and refer to them in the space

provided in these Interrogatories.

DEFINITIONS

Plaintiff, SON KY VO, hereby propounds the following First Set of Interrogatories to

Defendant, BARLOW, t0 be answered separately and severally as to each of the numbered

paragraphs, lettered subparagraphs, and clause by clause. As used herein:

(A) "Document" means a source of information that is inscribed on a tangible medium

0r that is stored in an electronic 0r other medium and is retrievable in perceivable form and includes

memoranda and notes 0f statements by 0r interviews with prospective witnesses in any matter

involving the parties hereto in any capacity.
(B) "Identify" or "identiﬁcation" means setting forth to the ﬁJllest extent available 0r

obtainable as to a

(I) document --
(a) the document's stated title 0r description, (b) its stated

subject, (c) its identifying date, (d) identiﬁcation of its author, (e) identiﬁcation of

its addresses or recipients, (t) identiﬁcation of the person having it in custody, (g)

its length, and (h) the details of its contents unless a copy is attached to the answer

to these interrogatories or identiﬁed by number as an Exhibit, Deposition Exhibit,

or other document attached or submitted with any pleading or other ﬁling

heretofore served on any of the parties hereto 0r their counsel 0f record herein,

and

(II) person -- the person's name, title, last known and current residence and

business addresses and telephone numbers.

(D) "Collision" means the motor vehicle collision involving Plaintiff and Defendant,

which occurred on April 27, 2023, in Pinellas County, Florida, and which is the subject of

Plaintiff‘s Complaint.

(E) "Vehicle" means the vehicle driven and owned by Defendant, BARLOW, at the

time of the subject collision.
INTERROGATORIES T0 DEFENDANT GARRY V. BARLOW

1. Identify yourself, giving your full name, date 0f birth, and social security number.

ANSWER:

2. List all former names and when you were known by those names. State all addresses
where you have lived for the past ﬁve (5) years, the dates you lived at each address,
and if you have ever been married, the name of your spouse or spouses.

ANSWER:

3. D0 you wear glasses, contact lenses 0r hearing aids? If so, who prescribed them;
when were they prescribed; when were your eyes last examined; and what is the
name and address of the examiner.

ANSWER:
4. Describe in detail how the collision, described in the Complaint, happened,
including all actions taken by you t0 prevent the collision.

ANSWER:

5. 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
collision in question.

ANSWER:

6. State the facts upon which you rely for each afﬁrmative defense in your answer.

ANSWER:
7. Do you contend any person or entity other than you is, or may be, liable in whole
0r 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 0r evidence upon which your contention is based, and whether or not you have
notiﬁed each such person 0r entity 0f your contention.

ANSWER:

8. List the name and addresses of all persons whoare believed or known by you 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 including,
but not limited to, the name and address of any passenger(s) in the vehicle when
the collision occurred and/or any person responding to the collision.

ANSWER:

9. Have your heard or do you know about any statement 0r remark made by 0r 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.

ANSWER:
10. State the name and address 0f every person known to you, your agents, or your
attorneys who has knowledge about, or possession, custody, or control 0f, any
model, plat, map, drawing, motion picture, videotape, or photograph pertaining t0

any fact or issue involved in this controversy; and describe as t0 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.

ANSWER:

11. Have you made an agreement with anyone that would limit that party's liability t0
anyone for any 0f the damages sued upon in this case? If so, state the terms of the
agreement and the parties to it.

ANSWER:

12. Please state if you have ever been a party, either Plaintiff or Defendant, in a lawsuit
involving a motor vehicle/truck other than the present matter, and, if so, state
whether you were Plaintiff 0r Defendant, the nature of the action, case number, and
the date and court in which suit was ﬁled.

ANSWER:
13. 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 0f one year, or that involved dishonesty or a false statement
regardless of the punishment 0r that involved driving under the inﬂuence? If so,
state as to each conviction, the speciﬁc crime, the date and place of conviction.

ANSWER:

14. Were you suffering from physical inﬁrmity, disability, or sickness at the time 0f
the collision described in the Complaint? Ifso, what was the nature of the inﬁrmity,
disability 0r sickness?

ANSWER:

15. Did you consume any alcoholic beverages or take any drugs 0r medication within
24 hours before the collision described in the Complaint? If so, state the type and
amount of alcoholic beverages, drugs 0r medication which were consumed and
when and where you consumed them.

ANSWER:
16. 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 t0 the charge;
what court or agency heard the charge; was any written report prepared by anyone
regarding this charge, and ifso, what is the name and address of the person or entity
that prepared the report; do you have a copy of the report; and was the testimony at
any trial, hearing, 0r other proceeding on the charge recorded in any manner, and if
so, what was the name and address of the person who recorded the testimony?

ANSWER:

l7. As of April27, 2023, were you, BARLOW, employed? If yes, state the dates of
your employment, the current status of your employment and the scope of your
employment now and as of April 27, 2023. Were you acting within the course and
scope of your employment at the time of the collision?

ANSWER:

l8. Have you 0r anyone 0n your behalf investigated the collision, which occurred on
April 27, 2023, which is of Plaintiff’s Complaint? If so, state the name
the subject
and address of the party who performed the investigation, the purpose of the
investigation, and the ﬁndings of the investigation.

ANSWER:
19. Give your version of how the collision occurred, including the following:

The exact time of occurrence.
The place of occurrence.
9.9-9.5"?
What you were doing at the time of the collision.
Your speed at the time of the collision.
Plaintiff’s location immediately prior t0 the collision and the location 0f
any other vehicles.
1'“:
Your direction of travel and physical location immediately prior to the
collision.
Plaintiff‘s actions at the time of the collision, if you know, and your actions
at the time of the collision.
Where you were coming from prior t0 the collision and where you were
going.

ANSWER:

20. At the time of the collision, was your vehicle experiencing any electrical or
mechanical difﬁculties? If yes, state the reason why the vehicle was not properly
operating.

ANSWER:

ll
21. When was the last time prior to the collision that the vehicle had any electrical or
mechanical difﬁculties? Did you 0r anyone that you know 0f, maintain any type 0f
logs 0r records regarding the vehicle, including, but not limited to, maintenance and
repair work?

ANSWER:

22. List the names and addresses 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 you were driving at the time of the incident described in the
Complaint; and describe both the nature ofthe ownership interest or right t0 control
the vehicle, and the vehicle itself, including the make, model, year, and vehicle
identiﬁcation number.

ANSWER:

23. At the time of the collision, or within ﬁﬁeen (15) minutes of the collision, which is
the subject of this case, were you, BARLOW, speaking and/or texting on your cell
phone and/or using your cell phone for any other purpose?

ANSWER:

[2
24. What was your business and/or personal mobile/cell phone carrier(s) at the time of
the collision? What was the telephone number for your mobile/cell phone at the
time of the collision?

ANSWER:

25. Describe any and all policies of insurance which you contend cover or may cover
you for the allegations set forth in Plaintiffs 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 0f the
policy.

ANSWER:

l3
By:
GARRY V. BARLOW

STATE OF

COUNTY OF
The foregoing instrument was acknowledged before me this day of

, 2024, by who is personally

known to me or who has produced as identiﬁcation and who

did/did not take an oath.

Signature of Notary Public

Printed Name 0f Notary Public

My Commission Expires:

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Proof of Service: SON KY VO Vs. GARRY V BARLOW

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