Preview
11-2017-CA-002188-0001-XX
Filing # 65651376 E-Filed 12/20/2017 02:49:09 PM
IN THE CIRCUIT COURT FOR THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, STATE OF FLORIDA
CIVIL DIVISION
YUDEIKY GOTERA, Case No.:
Plaintiff,
vs.
CHRISTOPHER H. BURT
Defendant.
/
PLAINTIFF’S NOTICE OF PROPOUNDING INTERROGATORIES TO DEFENDANT.
CHRISTOPHER H. BURT
COMES NOW, the Plaintiff, YUDEIKY GOTERA, by and through its undersigned
counsel, pursuant to Rules 1.280(a) and 1.340 of the Fla. R. Civ. Pro., and herby submits to the
Defendant, CHRISTOPHER H. BURT, the following interrogatories to be answered by the
Defendant within forty-five (45) days of service herein.
WE HEREBY CERTIFY that a true and correct copy of this document will be served on
the Defendant along with the Summons in this action.
THE SALAMEH LAW GROUP, P.A.
Attorneys for Plaintiffs
4091 Colonial Boulevard, Suite 200
Fort Myers, FL 33966
(239) 277-0092
adrian@thesalamehlawgroup.com
mark@thesalamehlawgroup.com
By:/s/ Adrian Medina
ADRIAN MEDINA, Esq.
Florida Bar No. 122419
MARK A. SALAMEH, Esq.
Florida Bar No. 693359
FILED: COLLIER COUNTY, DWIGHT E. BROCK, CLERK, 12/21/2017 02:22:25 PMDEFINITIONS
As used, the following terms shall have the following definitions:
A. PLAINTIFF: The named Plaintiff, his employees, agents, accountants, attorneys,
investigators, nominees, or other persons as defined below who are acting or have acted on
behalf of Plaintiff.
B. DEFENDANTS: The named Defendant, his administrators, employees, agents,
accountants, attorneys, representatives, or other person as who are acting or have acted on behalf
of the named Defendant.
C. PERSON: Any individual, firms partnership, corporation, proprietorship, joint
venture, association, and foreign, federal, state, county, or municipal governmental body or any
department, division or agency thereof, or any other organization or entity.
D. “DOCUMENT,” “WRITING” AND “RECORD”: Without limitation, the
original and any and all drafts and copies of any writings of any kind; correspondence, emails,
text messages, records, tables, charts, drafts, schedules, reports, memoranda, notes, letters,
telegrams, messages, including but not limited to records of telephone conversations and
conferences, studies, minutes, other communications, purchase order, bid tabulations,
questionnaires, surveys, reports, contracts, leases, memoranda of agreements, assignments,
licenses, books of account, orders, invoices, statements, bills, checks, vouchers, notebooks, data
sheets, photographs, photographic negatives, DVDs, phone-records, tape records, wire
recordings, drawings, catalogues, brochures, accounting records, financial records, all other
written or printed matter of any kind, and all other data compilations from which information can
be obtained and translated.
E. “MEETING”: Includes any formal or informal gathering or two or more persons,
whether such gathering was prearranged or not.
F. “PRESENT ADDRESS”: The county, state or province, city, street,
street number or route number and apartment number.
G. “YOU” OR “YOUR”: The named party to whom these Interrogatories are
directed.
H. “IDENTIFY”: With respect to a person, the term means to give the full name and
present address. With respect to a document, the term means to give the type of document, date,
and names of persons signing such documents.
I “MEDICAL RECORD”: Includes any documents from any person, institution or
entity which evaluated, afforded, consulted, diagnosed, tested, counseled or treated Plaintiff in
any respect since the accident in question, for physical, emotional, or related injuries.INTERROGATORIES
1. 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?
2. List all former names and when you were known by those names. State all addresses where
you have lived for the past 10 years, the dates you lived at each address, your Social Security
number, and your date of birth.
3. 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 of the policy.
4. Is this Defendant correctly named in the Complaint? If not, please state the correct name of
the Defendant.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 incident in question.
6. State the facts upon which you rely for each affirmative defense in your answer.
7. 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 or evidence upon which your
contention is based, and whether or not you have notified each such person or entity of your
contention.
8. 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.9. 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.
10. If you have obtained a statement from any person not a party to this action, please state the
name and present address of the person who gave the statement; the name and present address of
the person who obtained the statement; the date the statement was obtained; the general substance
of the statement; whether the statement was oral or in writing; and if such statement was oral,
whether a recording was made, and if so, the nature of the recording and the name and present
address of the person who has custody of it.
11. 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, videotape, 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.12. 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.
13. 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.
14. Please list the dates of all surveillance taken, the name of the person who performed the
surveillance, and the name and address of the company for whom he works.
15. Other than the present matter, are you aware of any other claims for personal injury or property
damage made by the Plaintiff(s)? If so, please state the nature of the claim (Auto accident, slip and
fall, etc.); the name, address and claim of any insurance carrier against whom the claim was made
(auto liability carrier, premises liability carrier, uninsured motorist carrier, etc.); the names and
addresses of ALL health care providers who treated or examined the Plaintiff(s); and the part(s) of
the body that were claimed to be injured.16. List the names, addresses and telephone numbers of all persons who, on behalf of defendant,
its agents or representatives, has in any way participated in the investigation, adjusting, or handling
of the claim for benefits involved herein.
17. Please describe in detail the factual and legal basis for any and all policy defenses which
defendant reasonably believes is available with regard to the claim made by the Plaintiff herein.
18. 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 of | year, or that involved dishonesty or a false statement regardless of the punishment?
If so, state as to each conviction the specific crime and the date and place of conviction.
19. Please state if you have been a party, either plaintiff or defendant, in a lawsuit other than the
present matter within the last ten (10) years, 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.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?
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 infirmity, disability, or sickness?
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.
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.24. 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? If so, state
the names and addresses of all persons who have such permission.
25. 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?
26. Did you have a mobile phone on the date of the incident? If so, were you using it when the
incident took place? What was the mobile phone number, the name and address of the mobile
phone service provider, the name on the account, and the account number?
27. Give a concise statement of the facts as to how you contend the incident alleged in Plaintiff's
Complaint took place.VERIFICATION
Signature
STATE OF FLORIDA
COUNTY OF
, being duly sworn, deposes and says that the attached answers to
Interrogatories propounded on Plaintiff are true and correct to the best of his/her knowledge,
information and belief.
NOTARY
PUBLIC
(Print, Type or Stamp Commissioned
Name of Notary Public)
Personally Known OR Produced Identification
Type of Identification Produced:
SWORN TO AND SUBSCRIBED
before me this day
of ;
2018. My commission
expires:
10
Preview
11-2017-CA-002188-0001-XX Filing # 65651376 E-Filed 12/20/2017 02:49:09 PM IN THE CIRCUIT COURT FOR THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, STATE OF FLORIDA CIVIL DIVISION YUDEIKY GOTERA, Case No.: Plaintiff, vs. CHRISTOPHER H. BURT Defendant. / PLAINTIFF’S NOTICE OF PROPOUNDING INTERROGATORIES TO DEFENDANT. CHRISTOPHER H. BURT COMES NOW, the Plaintiff, YUDEIKY GOTERA, by and through its undersigned counsel, pursuant to Rules 1.280(a) and 1.340 of the Fla. R. Civ. Pro., and herby submits to the Defendant, CHRISTOPHER H. BURT, the following interrogatories to be answered by the Defendant within forty-five (45) days of service herein. WE HEREBY CERTIFY that a true and correct copy of this document will be served on the Defendant along with the Summons in this action. THE SALAMEH LAW GROUP, P.A. Attorneys for Plaintiffs 4091 Colonial Boulevard, Suite 200 Fort Myers, FL 33966 (239) 277-0092 adrian@thesalamehlawgroup.com mark@thesalamehlawgroup.com By:/s/ Adrian Medina ADRIAN MEDINA, Esq. Florida Bar No. 122419 MARK A. SALAMEH, Esq. Florida Bar No. 693359 FILED: COLLIER COUNTY, DWIGHT E. BROCK, CLERK, 12/21/2017 02:22:25 PMDEFINITIONS As used, the following terms shall have the following definitions: A. PLAINTIFF: The named Plaintiff, his employees, agents, accountants, attorneys, investigators, nominees, or other persons as defined below who are acting or have acted on behalf of Plaintiff. B. DEFENDANTS: The named Defendant, his administrators, employees, agents, accountants, attorneys, representatives, or other person as who are acting or have acted on behalf of the named Defendant. C. PERSON: Any individual, firms partnership, corporation, proprietorship, joint venture, association, and foreign, federal, state, county, or municipal governmental body or any department, division or agency thereof, or any other organization or entity. D. “DOCUMENT,” “WRITING” AND “RECORD”: Without limitation, the original and any and all drafts and copies of any writings of any kind; correspondence, emails, text messages, records, tables, charts, drafts, schedules, reports, memoranda, notes, letters, telegrams, messages, including but not limited to records of telephone conversations and conferences, studies, minutes, other communications, purchase order, bid tabulations, questionnaires, surveys, reports, contracts, leases, memoranda of agreements, assignments, licenses, books of account, orders, invoices, statements, bills, checks, vouchers, notebooks, data sheets, photographs, photographic negatives, DVDs, phone-records, tape records, wire recordings, drawings, catalogues, brochures, accounting records, financial records, all other written or printed matter of any kind, and all other data compilations from which information can be obtained and translated. E. “MEETING”: Includes any formal or informal gathering or two or more persons, whether such gathering was prearranged or not. F. “PRESENT ADDRESS”: The county, state or province, city, street, street number or route number and apartment number. G. “YOU” OR “YOUR”: The named party to whom these Interrogatories are directed. H. “IDENTIFY”: With respect to a person, the term means to give the full name and present address. With respect to a document, the term means to give the type of document, date, and names of persons signing such documents. I “MEDICAL RECORD”: Includes any documents from any person, institution or entity which evaluated, afforded, consulted, diagnosed, tested, counseled or treated Plaintiff in any respect since the accident in question, for physical, emotional, or related injuries.INTERROGATORIES 1. 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? 2. List all former names and when you were known by those names. State all addresses where you have lived for the past 10 years, the dates you lived at each address, your Social Security number, and your date of birth. 3. 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 of the policy. 4. Is this Defendant correctly named in the Complaint? If not, please state the correct name of the Defendant.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 incident in question. 6. State the facts upon which you rely for each affirmative defense in your answer. 7. 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 or evidence upon which your contention is based, and whether or not you have notified each such person or entity of your contention. 8. 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.9. 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. 10. If you have obtained a statement from any person not a party to this action, please state the name and present address of the person who gave the statement; the name and present address of the person who obtained the statement; the date the statement was obtained; the general substance of the statement; whether the statement was oral or in writing; and if such statement was oral, whether a recording was made, and if so, the nature of the recording and the name and present address of the person who has custody of it. 11. 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, videotape, 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.12. 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. 13. 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. 14. Please list the dates of all surveillance taken, the name of the person who performed the surveillance, and the name and address of the company for whom he works. 15. Other than the present matter, are you aware of any other claims for personal injury or property damage made by the Plaintiff(s)? If so, please state the nature of the claim (Auto accident, slip and fall, etc.); the name, address and claim of any insurance carrier against whom the claim was made (auto liability carrier, premises liability carrier, uninsured motorist carrier, etc.); the names and addresses of ALL health care providers who treated or examined the Plaintiff(s); and the part(s) of the body that were claimed to be injured.16. List the names, addresses and telephone numbers of all persons who, on behalf of defendant, its agents or representatives, has in any way participated in the investigation, adjusting, or handling of the claim for benefits involved herein. 17. Please describe in detail the factual and legal basis for any and all policy defenses which defendant reasonably believes is available with regard to the claim made by the Plaintiff herein. 18. 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 of | year, or that involved dishonesty or a false statement regardless of the punishment? If so, state as to each conviction the specific crime and the date and place of conviction. 19. Please state if you have been a party, either plaintiff or defendant, in a lawsuit other than the present matter within the last ten (10) years, 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.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? 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 infirmity, disability, or sickness? 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. 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.24. 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? If so, state the names and addresses of all persons who have such permission. 25. 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? 26. Did you have a mobile phone on the date of the incident? If so, were you using it when the incident took place? What was the mobile phone number, the name and address of the mobile phone service provider, the name on the account, and the account number? 27. Give a concise statement of the facts as to how you contend the incident alleged in Plaintiff's Complaint took place.VERIFICATION Signature STATE OF FLORIDA COUNTY OF , being duly sworn, deposes and says that the attached answers to Interrogatories propounded on Plaintiff are true and correct to the best of his/her knowledge, information and belief. NOTARY PUBLIC (Print, Type or Stamp Commissioned Name of Notary Public) Personally Known OR Produced Identification Type of Identification Produced: SWORN TO AND SUBSCRIBED before me this day of ; 2018. My commission expires: 10