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**** CASE NUMBER: 502024CA003217XXXAMB Div: AF ****
Filing # 195603250 E-Filed 04/05/2024 03:27:56 PM
IN THE CIRCUIT COURT OF THE 15th
JUDICIAL CIRCUIT, IN AND FOR PALM
BEACH COUNTY, FLORIDA
ERIC CURKIN,
CASE NO.:
Plaintiff,
vs.
WASHINGTON REAL ESTATE
PARTNERS, LLC, d/b/a BOYNTON
TRAIL CENTRE, a Foreign Limited
Liability Company,
Defendant.
/
PLAINTIFF’S NOTICE OF SERVICE OF FIRST SET OF
INTERROGATORIES TO DEFENDANT WASHINGTON REAL ESTATE
Pursuant to Rules 1.280 and 1.340 of the Florida Rules of Civil Procedure, Plaintiff propounds
to the Defendant, WASHINGTON REAL ESTATE, the attached nineteen (19) Interrogatories to be
answered in writing, under oath, and within the time prescribed by said Rule.
CERTIFICATE OF SERVICE
WE HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished
via service of process.
Bodden & Bennett Law Group
1880 North Congress Avenue, Suite #215
Boynton Beach, FL 33426
Tel.: (561) 806-5229
Fax: (561) 806-5244
Desig. Email: litlaw@bb.law
By: /s/ Carlos A. Bodden
Carlos A. Bodden
Florida Bar No.: 093343
W. David Bennett
Florida Bar No.: 087746
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FILED: PALM BEACH COUNTY, FL, JOSEPH ABRUZZO, CLERK, 04/05/2024 03:27:56 PM
PREMISES LIABILITY INTERROGATORIES
1. Please identify yourself fully, giving your full name, residence, business address, and
occupation, and if the defendant is a corporation, the office you hold with the defendant.
2. Did defendant own, manage, maintain and/or control of the subject premises at the time
and place of the alleged occurrence?
3. If the answer to interrogatory number 2 is not in the affirmative, please state the name and
address of the person, firm, and/or corporation that owned, managed, maintained and/or
controlled the premises of the alleged occurrence on the subject date.
4. Please provide the name and address of each person who was aware of the incident on the
date of the alleged occurrence or within seven (7) days thereafter.
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5. If any of the persons listed in the answer to the preceding interrogatory are agents or
employees of the defendant, please:
(a.) describe in complete detail everything that was seen or noticed by each such agent
or employee.
(b.) state where in relation to the point of the alleged occurrence each such agent or
employee was at the time he or she witnessed the occurrence.
6. Did you or any agent or employee of the defendant render any assistance to the plaintiff on
the date of the alleged occurrence?
7. If the answer to the preceding interrogatory is in the affirmative, please state:
(a.) in complete detail, what assistance was rendered to the plaintiff.
(b.) the name and address of each person rendering assistance of any kind to the
plaintiff.
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8. Please list all factors which you contend caused or contributed to cause the alleged
occurrence.
9. With respect to the alleged occurrence, please indicate when you or any agent or employee
of the defendant first became aware of same.
10. Did you or any agent or employee of the defendant observe the condition of the subject
area just before, during, or just after the alleged occurrence? If so, please provide the name
and title of said agent or employee.
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11. Please state fully and in complete detail:
(a.) the date and time when the subject area was last inspected and/or cleaned prior to
the time Plaintiff fell as is referenced in the subject complaint?
(b.) a complete description of such action.
(c.) the identity, including job description, name, and address, of the person who did
such action.
12. Will the defendant or its attorneys call at the trial of this action any person to testify as an
expert witness concerning any of the following: the cause of the alleged occurrence; the
effect of the maintenance procedures used by the defendant in cleaning, sweeping and/or
inspecting the area where the alleged occurrence took place; whether or not the subject area
was safely or unsafely maintained prior to the subject incident?
13. If the answer to the preceding interrogatory is in the affirmative, please state the following
as to each such witness:
(a.) witness' complete identification, including name and address.
(b.) witness' qualifications as an expert.
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14. Please describe as accurately as possible the place or location of the alleged occurrence
within the premises, including distances in feet to fixed objects or boundaries by which the
location may be identified.
15. Please state fully the substance of each and every conversation which took place, after the
alleged occurrence, between the plaintiff and you or any agent or employee of the
defendant.
16. Did you or any agent or employee of the defendant ever take or receive any statement,
either oral or in writing, from any person, including parties, who had any information or
knowledge relating to the alleged occurrence?
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17. If the answer to the preceding interrogatory is in the affirmative, please state as to each
such person:
(a.) his or her identification, including name and address.
(b.) the date of each such statement.
(c.) the substance in full of each such statement.
(d.) if any such statement was in writing, either attach a copy to the answer to these
interrogatories, or indicate where and when each such statement may be examined
by counsel.
18. Did any surveillance recording capture Plaintiff’s incident as described in the subject
complaint? If not, did any surveillance video capture Plaintiff’s image on the date
referenced in the subject complaint?
19. Was surveillance video being used on the date referenced in the complaint? If not, when
was surveillance recording last conducted at the subject premises prior to the date of the
incident referenced in the complaint.
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WASHINGTON REAL ESTATE
By:_______________________________
Authorized Agent
__________________________________
Printed Name of Agent
STATE OF FLORIDA )
: SS
COUNTY OF )
The foregoing instrument was acknowledged before me this _____ day of
___________________________, 2024, by , who is
personally known to me or who produced ____________________________ as identification.
_____________________________
Notary Public
My Commission Expires:
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Preview
**** CASE NUMBER: 502024CA003217XXXAMB Div: AF **** Filing # 195603250 E-Filed 04/05/2024 03:27:56 PM IN THE CIRCUIT COURT OF THE 15th JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA ERIC CURKIN, CASE NO.: Plaintiff, vs. WASHINGTON REAL ESTATE PARTNERS, LLC, d/b/a BOYNTON TRAIL CENTRE, a Foreign Limited Liability Company, Defendant. / PLAINTIFF’S NOTICE OF SERVICE OF FIRST SET OF INTERROGATORIES TO DEFENDANT WASHINGTON REAL ESTATE Pursuant to Rules 1.280 and 1.340 of the Florida Rules of Civil Procedure, Plaintiff propounds to the Defendant, WASHINGTON REAL ESTATE, the attached nineteen (19) Interrogatories to be answered in writing, under oath, and within the time prescribed by said Rule. CERTIFICATE OF SERVICE WE HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished via service of process. Bodden & Bennett Law Group 1880 North Congress Avenue, Suite #215 Boynton Beach, FL 33426 Tel.: (561) 806-5229 Fax: (561) 806-5244 Desig. Email: litlaw@bb.law By: /s/ Carlos A. Bodden Carlos A. Bodden Florida Bar No.: 093343 W. David Bennett Florida Bar No.: 087746 −1− FILED: PALM BEACH COUNTY, FL, JOSEPH ABRUZZO, CLERK, 04/05/2024 03:27:56 PM PREMISES LIABILITY INTERROGATORIES 1. Please identify yourself fully, giving your full name, residence, business address, and occupation, and if the defendant is a corporation, the office you hold with the defendant. 2. Did defendant own, manage, maintain and/or control of the subject premises at the time and place of the alleged occurrence? 3. If the answer to interrogatory number 2 is not in the affirmative, please state the name and address of the person, firm, and/or corporation that owned, managed, maintained and/or controlled the premises of the alleged occurrence on the subject date. 4. Please provide the name and address of each person who was aware of the incident on the date of the alleged occurrence or within seven (7) days thereafter. −2− 5. If any of the persons listed in the answer to the preceding interrogatory are agents or employees of the defendant, please: (a.) describe in complete detail everything that was seen or noticed by each such agent or employee. (b.) state where in relation to the point of the alleged occurrence each such agent or employee was at the time he or she witnessed the occurrence. 6. Did you or any agent or employee of the defendant render any assistance to the plaintiff on the date of the alleged occurrence? 7. If the answer to the preceding interrogatory is in the affirmative, please state: (a.) in complete detail, what assistance was rendered to the plaintiff. (b.) the name and address of each person rendering assistance of any kind to the plaintiff. −3− 8. Please list all factors which you contend caused or contributed to cause the alleged occurrence. 9. With respect to the alleged occurrence, please indicate when you or any agent or employee of the defendant first became aware of same. 10. Did you or any agent or employee of the defendant observe the condition of the subject area just before, during, or just after the alleged occurrence? If so, please provide the name and title of said agent or employee. −4− 11. Please state fully and in complete detail: (a.) the date and time when the subject area was last inspected and/or cleaned prior to the time Plaintiff fell as is referenced in the subject complaint? (b.) a complete description of such action. (c.) the identity, including job description, name, and address, of the person who did such action. 12. Will the defendant or its attorneys call at the trial of this action any person to testify as an expert witness concerning any of the following: the cause of the alleged occurrence; the effect of the maintenance procedures used by the defendant in cleaning, sweeping and/or inspecting the area where the alleged occurrence took place; whether or not the subject area was safely or unsafely maintained prior to the subject incident? 13. If the answer to the preceding interrogatory is in the affirmative, please state the following as to each such witness: (a.) witness' complete identification, including name and address. (b.) witness' qualifications as an expert. −5− 14. Please describe as accurately as possible the place or location of the alleged occurrence within the premises, including distances in feet to fixed objects or boundaries by which the location may be identified. 15. Please state fully the substance of each and every conversation which took place, after the alleged occurrence, between the plaintiff and you or any agent or employee of the defendant. 16. Did you or any agent or employee of the defendant ever take or receive any statement, either oral or in writing, from any person, including parties, who had any information or knowledge relating to the alleged occurrence? −6− 17. If the answer to the preceding interrogatory is in the affirmative, please state as to each such person: (a.) his or her identification, including name and address. (b.) the date of each such statement. (c.) the substance in full of each such statement. (d.) if any such statement was in writing, either attach a copy to the answer to these interrogatories, or indicate where and when each such statement may be examined by counsel. 18. Did any surveillance recording capture Plaintiff’s incident as described in the subject complaint? If not, did any surveillance video capture Plaintiff’s image on the date referenced in the subject complaint? 19. Was surveillance video being used on the date referenced in the complaint? If not, when was surveillance recording last conducted at the subject premises prior to the date of the incident referenced in the complaint. −7− WASHINGTON REAL ESTATE By:_______________________________ Authorized Agent __________________________________ Printed Name of Agent STATE OF FLORIDA ) : SS COUNTY OF ) The foregoing instrument was acknowledged before me this _____ day of ___________________________, 2024, by , who is personally known to me or who produced ____________________________ as identification. _____________________________ Notary Public My Commission Expires: −13−