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Filing # 177326140 E-Filed 07/13/2023 10:52:39 AM
IN THE CIRCUIT COURT OF THE
20TH JUDICIAL CIRCUIT IN AND FOR
CHARLOTTE COUNTY, FLORIDA
CASE NO.: 23000559CA
GREGORY TEGUE,
Plaintiff,
vs.
CINDY HORNBUCKLE
and THE STANDARD FIRE
INSURANCE COMPANY, a
Florida Profit Corporation,
Defendants.
/
NOTICE OF FILING ANSWERS TO INTERROGATORIES
THE DEFENDANT, CINDY HORNBUCELE, by and through her undersigned
counsel hereby files the attached Answers to Interrogatories previously propounded by
the Plaintiff.
I HEREBY CERTIFY that a copy of the foregoing has been furnished by email
to: ANGELA C. AGOSTINO, ESQUIRE, Attorney for Plaintiff,
nayuatinsiitintteepeelecors, on thisl_ = tupwedual 2,
HILL & LEMONGELLO, P.A.
Attorneys for Def - Hornbuckle
800 Southeast 3rd Avenue, Suite 200
Fort Lauderdale, Florida 33316
954-462-3623 - main
954-523-1940 - fax
Marial@hill-lem-law.com - Primary
Joant@hill-lem-law.com
DanI@hill-lem-law.com - Secondary
BY: ot
7 a
DANIEL LEMONGELLO
FLORIDA BAR # 0027049
ANSWERS TO INTERROGATORIES
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?
Cindy Hornbuckle
255 West End Drive 332 Garnet Drive
Unit No. 1310 Morton, Illinois 61550
Punta Gorda, Florida
List all former names and when you were known by those names. State all addresses where you have
lived for the past ten years, the dates you lived at each address, your social security nwnber and your
date of birth.
Cindy Kay Lemons (maiden)
Cindy Kay Nadenbush
DOB: 09/20/1949
I have lived at the above address in Morton, Illinois for the past ten (10) years.
Have you ever been convicted of a crime, other than any juvenHe adjudication, which under the law
under which you were convicted punishable was by death or imprisonment in excess of one year, or
that involved dishonesty or a false statement regardless of the punishment? If so, state as to each
conviction the specific crime, the date and the place of conviction.
No.
Describe any and all policies of insurance which you contend cover or may cover you for the
allegations set forth in plaintift's complaint, detailing as to such policies: the name of the insurer,
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.
Allstate Fire & Casualty Insurance Company
300/500
Policy No. 988 711 108
RLI Insurance Company - personal umbrella liability policy
Policy No. PUP 205 2053
$2,000,000.00
Describe in detail how the incident described in the complaint happened, including all actions taken by you
to prevent the accident.
On December 18, 2022 I was driving my car going westbound on East Marion
Avenue. I came to the intersection with U.S. 41/State Road 45 and had a red light. I
came to a complete stop at the light and was the first car in my lane. After waiting at
the red light, it then turned green and I proceeded forward into the intersection. I did
look to my left to see if any vehicles were approaching. The Plaintiffs vehicle was
coming from my left to right and I had no chance to avoid the collision. The front of my
vehicle struck the right side of the Plaintiffs vehicle.
6 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.
The driver of the Plaintiffs vehicle ran a red light.
State the facts upon which you rely for each affirmative defense in your answer.
The driver of the Plaintiff's vehicle ran a red light, along with Florida Statutes.
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 of evidence upon which ymrr contention is based, and whether
or not you have notified each such person or entity of your contention.
The driver of the Plaintiff's vehicle caused the accident by running a red light.
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 was the name and address of the
person who recorded the testimony?
No.
10. List the names and addresses of all persons who are believed or known by you, your agents or attorneys, to have
any knowledge concerning any of the issues in this lawsuit; and specify the subject matter about which the
witness has knowledge.
Jack Hornbuckle, my husband. Right front passenger. Sarah Kapusta, 78
Vineyard Drive, Clayton, North Carolina. Back seat passenger. Brian Kapusta, 78
Vineyard Drive, Clayton, North Carolina was also a back seat passenger.
11. 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.
No.
12 Have you had or do you know about any statements or remarks made by a third person concerning any issue in
this lawsuit.
No.
13. State the name and address of every person known to you, your agents or attorneys who has knowledge about,
or possession, custody or control of any model, plat, map, drawing, motion picture, video tape or photograph
pertaining to any fact or issue involved in this controversy; and describe as to each, what such person has, the
name and address of the person who took or prepared it, and the date it was taken or prepared.
Unknown to me.
14. Was a download of data obtained from any electronic control module (ECM), event recorder ("black box") from
the subject vehicles operated on the date of the accident? If so, on what date was the data obtained? Who
obtained it? Who is in possession of same?
None to my knowledge.
15 Were any videos obtained that documented the subject accident and events prior to and after the accident? If so,
describe the nature of each video, from whom was the video obtained, on what date was the video obtained, and
who is in possession of said video. On the date of accident, was there a video camera on the vehicle the Defendant
was operating?
None.
16. Was the vehicle the Defendant was operating equipped with a GPS system/Fleet Tracker
and/or other monitoring system/On-Star™ or other emergency call system? If so, was any data retrieved and
retained for the date of the accident? If applicable to the subject vehicle, please provide the name of the
monitoring system.
No.
17 Do you intend to call any expert witnesses at the trial in this cause? 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.
Unknown at this time.
18. 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.
No.
19 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.
Never.
20. 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?
Yes, I wear glasses. They were prescribed at Gailey Eye Clinic in Peoria,
Illinois. Last examination was June 30, 2021.
21 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 infnmity, disability, or sickness?
No.
22. 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.
No.
23 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.
No.
24 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 nwnber.
T own the car.
25 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? Ifso, state the names and
addresses of all persons who have permission.
Yes.
26. 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.
No.
27. 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?
My vehicle was totaled.
28 At the time of the accident were you using a cell phone for any pwpose including but not limited to
making/receiving a call, text messaging, and/or accessing the internet? Please provide the name of
the cell phone company you had service with at the time of the accident and the telephone number.
In the event you were in possession of a company cell phone, please provide the name of the cell
phone company and the telephone number.
Iwas not using my cellular phone. My phone is through T-Mobile 309-453-7242.
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Filing # 177326140 E-Filed 07/13/2023 10:52:39 AM IN THE CIRCUIT COURT OF THE 20TH JUDICIAL CIRCUIT IN AND FOR CHARLOTTE COUNTY, FLORIDA CASE NO.: 23000559CA GREGORY TEGUE, Plaintiff, vs. CINDY HORNBUCKLE and THE STANDARD FIRE INSURANCE COMPANY, a Florida Profit Corporation, Defendants. / NOTICE OF FILING ANSWERS TO INTERROGATORIES THE DEFENDANT, CINDY HORNBUCELE, by and through her undersigned counsel hereby files the attached Answers to Interrogatories previously propounded by the Plaintiff. I HEREBY CERTIFY that a copy of the foregoing has been furnished by email to: ANGELA C. AGOSTINO, ESQUIRE, Attorney for Plaintiff, nayuatinsiitintteepeelecors, on thisl_ = tupwedual 2, HILL & LEMONGELLO, P.A. Attorneys for Def - Hornbuckle 800 Southeast 3rd Avenue, Suite 200 Fort Lauderdale, Florida 33316 954-462-3623 - main 954-523-1940 - fax Marial@hill-lem-law.com - Primary Joant@hill-lem-law.com DanI@hill-lem-law.com - Secondary BY: ot 7 a DANIEL LEMONGELLO FLORIDA BAR # 0027049 ANSWERS TO INTERROGATORIES 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? Cindy Hornbuckle 255 West End Drive 332 Garnet Drive Unit No. 1310 Morton, Illinois 61550 Punta Gorda, Florida List all former names and when you were known by those names. State all addresses where you have lived for the past ten years, the dates you lived at each address, your social security nwnber and your date of birth. Cindy Kay Lemons (maiden) Cindy Kay Nadenbush DOB: 09/20/1949 I have lived at the above address in Morton, Illinois for the past ten (10) years. Have you ever been convicted of a crime, other than any juvenHe adjudication, which under the law under which you were convicted punishable was by death or imprisonment in excess of one year, or that involved dishonesty or a false statement regardless of the punishment? If so, state as to each conviction the specific crime, the date and the place of conviction. No. Describe any and all policies of insurance which you contend cover or may cover you for the allegations set forth in plaintift's complaint, detailing as to such policies: the name of the insurer, 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. Allstate Fire & Casualty Insurance Company 300/500 Policy No. 988 711 108 RLI Insurance Company - personal umbrella liability policy Policy No. PUP 205 2053 $2,000,000.00 Describe in detail how the incident described in the complaint happened, including all actions taken by you to prevent the accident. On December 18, 2022 I was driving my car going westbound on East Marion Avenue. I came to the intersection with U.S. 41/State Road 45 and had a red light. I came to a complete stop at the light and was the first car in my lane. After waiting at the red light, it then turned green and I proceeded forward into the intersection. I did look to my left to see if any vehicles were approaching. The Plaintiffs vehicle was coming from my left to right and I had no chance to avoid the collision. The front of my vehicle struck the right side of the Plaintiffs vehicle. 6 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. The driver of the Plaintiffs vehicle ran a red light. State the facts upon which you rely for each affirmative defense in your answer. The driver of the Plaintiff's vehicle ran a red light, along with Florida Statutes. 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 of evidence upon which ymrr contention is based, and whether or not you have notified each such person or entity of your contention. The driver of the Plaintiff's vehicle caused the accident by running a red light. 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 was the name and address of the person who recorded the testimony? No. 10. List the names and addresses of all persons who are believed or known by you, your agents or attorneys, to have any knowledge concerning any of the issues in this lawsuit; and specify the subject matter about which the witness has knowledge. Jack Hornbuckle, my husband. Right front passenger. Sarah Kapusta, 78 Vineyard Drive, Clayton, North Carolina. Back seat passenger. Brian Kapusta, 78 Vineyard Drive, Clayton, North Carolina was also a back seat passenger. 11. 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. No. 12 Have you had or do you know about any statements or remarks made by a third person concerning any issue in this lawsuit. No. 13. State the name and address of every person known to you, your agents or attorneys who has knowledge about, or possession, custody or control of any model, plat, map, drawing, motion picture, video tape or photograph pertaining to any fact or issue involved in this controversy; and describe as to each, what such person has, the name and address of the person who took or prepared it, and the date it was taken or prepared. Unknown to me. 14. Was a download of data obtained from any electronic control module (ECM), event recorder ("black box") from the subject vehicles operated on the date of the accident? If so, on what date was the data obtained? Who obtained it? Who is in possession of same? None to my knowledge. 15 Were any videos obtained that documented the subject accident and events prior to and after the accident? If so, describe the nature of each video, from whom was the video obtained, on what date was the video obtained, and who is in possession of said video. On the date of accident, was there a video camera on the vehicle the Defendant was operating? None. 16. Was the vehicle the Defendant was operating equipped with a GPS system/Fleet Tracker and/or other monitoring system/On-Star™ or other emergency call system? If so, was any data retrieved and retained for the date of the accident? If applicable to the subject vehicle, please provide the name of the monitoring system. No. 17 Do you intend to call any expert witnesses at the trial in this cause? 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. Unknown at this time. 18. 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. No. 19 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. Never. 20. 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? Yes, I wear glasses. They were prescribed at Gailey Eye Clinic in Peoria, Illinois. Last examination was June 30, 2021. 21 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 infnmity, disability, or sickness? No. 22. 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. No. 23 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. No. 24 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 nwnber. T own the car. 25 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? Ifso, state the names and addresses of all persons who have permission. Yes. 26. 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. No. 27. 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? My vehicle was totaled. 28 At the time of the accident were you using a cell phone for any pwpose including but not limited to making/receiving a call, text messaging, and/or accessing the internet? Please provide the name of the cell phone company you had service with at the time of the accident and the telephone number. In the event you were in possession of a company cell phone, please provide the name of the cell phone company and the telephone number. Iwas not using my cellular phone. My phone is through T-Mobile 309-453-7242.