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Filing # 76242647 E-Filed 08/09/2018 04:48:15 PM
IN THE CIRCUIT COURT OF THE 17%
JUDICIAL CIRCUIT, IN AND FOR
BROWARD COUNTY, FLORIDA
CASE NO.: 15-022067 (21)
BARRY ROWARS and
DEBORAH ROWARS,
Plaintiffs,
vs.
BROWARD COUNTY,
Defendant.
/
PLAINTIFFS’, BARRY ROWARS’ AND DEBORAH ROWARS’, MOTION TO SERVE
INTERROGATORIES IN EXCESS OF THIRTY
Plaintiffs, BARRY ROWARS and DEBORAH ROWARS, by and through their
undersigned counsel, files this their Motion to Serve Interrogatories in Excess of Thirty and for
their Motion say:
1. This is an action for personal injuries wherein the Plaintiff, BARRY ROWARS
has alleged that the Defendant, BROWARD COUNTY was negligent and grossly
negligent by failing to warn him of a trap on the mountain bike trials in Markham
Park because the sign for the intermediate cut-off was down and not visible to the
Plaintiff, BARRY ROWARS, which caused him to enter an expert section on the
mountain bike trail, lose control, fall and be injured.
2. On March 22, 2018, Plaintiff served Interrogatories to the Defendant.
3. Attached hereto as Plaintiffs’ Exhibit 1 is Notice of Serving Interrogatories to
Defendant, Broward County.
*4* FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 8/9/2018 4:48:15 PM.****10.
11.
12.
On April 23, 2018, Defendant served Defendant’s Motion for Extension of Time
to Respond to Plaintiffs’ Second Set of Interrogatories (attached hereto as
Plaintiffs’ Exhibit 2).
On April 30, 2018, Defendant served Defendant, Broward County’s Notice of
Serving Answers to Plaintiffs’ Interrogatories (attached hereto as Plaintiffs’
Exhibit 3).
Defendant answered Interrogatories 1 and 2 and then objected to all other
Interrogatories on the ground that the Plaintiffs exceeded the number of
Interrogatories and subparts pursuant to Florida Rule of Civil Procedure 1.340(a).
The original Interrogatories were 28 including subparts.
Florida Rule of Civil Procedure 1.340(a) provides the party may propound more
than thirty Interrogatories, including subparts with a showing of good cause.
Defendant waived the thirty day limit by filing Defendant’s Motion for Extension
of Time to Respond to Plaintiffs’ Second Set of Interrogatories on April 23, 2018
and asking for an additional thirty days, which manifests a clear intent to answer
those Interrogatories.
There is good cause for the Court to allow Plaintiff to serve in excess of thirty
Interrogatories.
The Interrogatories served on March 22, 2018 are twenty-five including subparts
in excess of thirty.
Because this case involves mountain bike trails there are also questions regarding
the construction, design and the maintenance of the subject mountain bike trails.13. The additional Interrogatories of March 22, 2018 are concerned with information
that is readily within the knowledge of the Defendant and is not readily within the
knowledge of the Plaintiffs.
14. Plaintiff's counsel has written defense counsel in a good faith effort to resolve this
without the necessity of a hearing.
WHEREFORE, Plaintiffs move this Honorable Court for the entry of an Order Allowing
them to Serve Interrogatories Beyond Thirty and Requiring the Defendant to Serve Complete
Answers to the Interrogatories served by the Plaintiff on March 22, 2018.
ANSEL & MILLER, LLC
Counsel for the Plaintiffs
1939 Tyler Street
Hollywood, FL 33020
Phone: O54) 922-9100
Florida Bar No.: 18453 13
I HEREBY CERTIFY that on this q day of Q 4\vd |, 2018 a true and correct
copy of the foregoing was electronically filed with the Clerk of Courts using the Florida Courts
E-Filing Portal which generates a Service of Court Document via e-mail to Counsel for Broward
County: Shannon Williams-Leon, Esq. at swilliamsleon@broward.org and
smaldonado@broward.org.
Ls/ Samuel J. Simon, Esq
Samuel J. Simon, Esq.
Florida Bar No.: 184313
ANSEL & MILLER, LLC
Counsel for the Plaintiffs
1939 Tyler Street
Hollywood, FL 33020
Phone: (954) 922-9100
Fax: (954) 922-9176
ssimon@anselmiller.comFiling # 69679661 E-Filed 03/22/2018 03:16:24 PM
IN THE CIRCUIT COURT OF THE 17"
JUDICIAL CIRCUIT, IN AND FOR
BROWARD COUNTY, FLORIDA
CASE NO.: 15-022067 (21)
BARRY ROWARS and
DEBORAH ROWARS,
Plaintiffs,
vs.
BROWARD COUNTY,
Defendant.
/
NOTICE OF SERVING INTERROGATORIES TO DEFENDANT, BROWARD
COUNTY
Plaintiffs, BARRY ROWARS and DEBORAH ROWARS, by and through their
undersigned counsel and pursuant to Florida Rules of Civil Procedure 1.340, propound the
attached Interrogatories to the Defendant, BROWARD COUNTY, to be answered in writing,
under oath, within thirty-five (35) days from the date of service.
ANSEL & MILLER, LLC
Counsel for the Plaintiff
1939 Tyler Street
Hollywood, FL 33020
Phone: (954) 922-9100
Fax: (954) 922-'
By:
Samuel J. Simon, Esq.
Florida Bar No.: 184313
EXHIBIT
tee
2 Plank FFs!I HEREBY CERTIFY that on this ao. day of oe , 2018 a true and correct copy of
the foregoing was electronically filed with the Clerk of Courts using the Florida Courts E-Filing
Portal which generates a Service of Court Document via e-mail to Counsel for Broward County:
Hans A. Laurenceau, Esq. at hlaurenceau@broward.or, ; smaldonado@broward.org.
4s! Samuel J. Simon, Esq
Samuel J. Simon, Esq.
Florida Bar No.: 184313
ANSEL & MILLER, LLC
Counsel for the Plaintiffs
1939 Tyler Street
Hollywood, FL 33020
Phone: (954) 922-9100
Fax: (954) 922-9176
ssimon@anselmiller.comINTERROGATORIES TO DEFENDANT, BROWARD COUNTY
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?
Please give the name, address and telephone number of all persons or entities who
designed the mountain bike trails at Markham Park and the date that the design was
completed,
a. Please give the name, address, telephone number of the person or entity who has
present custody of the design plan.
b. Please give the date the design was completed.
c. If there were any changes in the design on or before May 18, 2014 please describe
the changes with specificity giving the name, address and telephone number and
employer of the person making the design changes and the reason for the design
changes.
Was there a landscape architect or other architect involved in the design of the mountain
bike trails at Markham Park? If the answer is yes please give the name, address and
telephone number of the landscape architect or architect.
Please give the name, address and telephone number of the person or entities who
constructed the mountain bike trails at Markham Park, the day construction began and the
day construction was completed.a. From the time the construction was completed up to and including May 18, 2014
please give any and all changes to the mountain bike trails and the reason for the
changes.
Please give the name, address and telephone number of the person or entities who
decided where to place the signage on the mountain bike trails at Markham Park on or
before May 18, 2014 and please give the name, address and telephone number of their
employer at the time it was done.
When were the mountain bike trails open to the public?
a. Was there an inspection done by any governmental entity of the mountain bike
trails and the signage before they were open to the public and if so please give the
name, address and telephone number of the person who did so, date of inspection,
name and address of governmental entity and what inspection revealed,
b. Was there an inspection of the mountain bike trails and signage done before they
were open to the public by any private person or entity and if so please give the
name, address and telephone number of the person who did so, date of inspection;
name, address and telephone number of their employer on date of inspection and
what inspection revealed.
On May 18, 2014 please give the name, address and telephone number of the persons
who were in the booth at the entrance to Markham Park.
a. Please give the name, address and telephone number of the employer on May 18,
2014.
b. Please indicate the hours they were in the booth.8.
On May 18, 2014 between the hours of 7:00 am and 12:00 noon, were there any
maintenance workers or other workers working at or near the mountain bike trails at
Markham Park?
a. Ifthe answer is yes, please give the name, address and telephone number of these
persons and the name, address, and telephone number of the employer on May 18,
2014,
b. Please describe specifically what work they were doing.
c. Ifthere are any records, documents, photographs, DVDs, pictorial representations
of any of the work being done by them on that day, please give a description of
what exists and the name, address and telephone number of the person making
such record, photograph, DVD, or pictorial representation and the name, address
and telephone number of the person or entity who has custody of them.
Please give the name, address and telephone number of all persons from whom you have
taken statements from concerning how Barry Rowars was injured on May 18, 2014.
a. Please give the date of the statement, name, address and telephone number of
their employer on that date; and name, address and telephone number of the
person or entity who has custody of the statement.10.
ll.
12.
When was the last maintenance or inspection done of the intermediate trail and the expert
trail prior to the time Barry Rowars alleges he fell on the expert trail? Please give the
name, address and telephone number of the person who did so and the name, address and
telephone number of the employer at the time it was done. Please give a description of
what the inspection revealed or the maintenance that was done or both.
On or prior to May 18, 2014, please give the name, address and telephone number of any
persons who are not agents or employees of Broward County acting within the course and
scope of employment or agency who did any maintenance or inspection of the Armadillo
trail particularly included, but not limited, to the area where the intermediate cut off was
located on May 18, 2013 through May 18, 2014. For each person please indicate
specifically what they did and if such person made any printed record or photographic
record of the work they did and please describe what this person did and please give the
name, address and telephone number of the person in custody of those records or
documents.
For all volunteers listed for in the answer to Interrogatory 15 served on June 24, 2016,
please give:
a. Their last known address and telephone number.
b. Ifthey were paid any compensation for what they did. If so, how much they were
paid, the dates of payment and the name, address and telephone number of the
person who made the payments.13.
c. For the persons listed are there any records, emails, documents of any kind,
photographs, cell phone photos, pictorial representations of what they did while
they were “present on the trails during the month of May 2014”, If the answer is
yes please describe what exists and the name, address and telephone number of
who has custody of these documents or pictorial representation of the work done.
On May 18, 2014 was there a fee for using the mountain bike trails that you contend
Barry Rowars was supposed to pay in addition to admission to Markham Park? If the
answer is yes please give the amount of the fee, where that fee was supposed to be paid
and whether there was any signage in Markham Park on May 18, 2014 that indicated that
a separate fee had to be paid.By:
BROWARD COUNTY
STATE OF )
) SS:
COUNTY OF )
BEFORE ME, the undersigned authority, personally appeared
as of BROWARD COUNTY, FLORIDA, who, after being
duly sworn, deposes and says that he/she has read the foregoing Answers to Interrogatories and
they are true and correct to the best of his/her knowledge and belief.
SWORN TO AND SUBSCRIBED before me in the State and County aforesaid, this
day of. 2018.
NOTARY PUBLIC, State of
My Commission Expires:Filing # 71075726 E-Filed 04/23/2018 11:33:57 AM
1IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT
IN AND FOR BROWARD COUNTY, FLORIDA
BARRY ROWARS and
DEBORAH ROWARS,
CASE NO. 15-022067 (21)
Plaintiff,
vs.
BROWARD COUNTY,
Defendant.
/
DEFENDANT’S MOTION FOR EXTENSION OF TIME
TO RESPOND TO PLAINTIFFS’ SECOND SET OF INTERROGATORIES
Defendant, Broward County (“Defendant”), through the undersigned counsel and
pursuant to Rule 1.090(b) of the Florida Rules of Civil Procedure, files its Motion for Extension
of Time to Respond to Plaintiffs’ Second Set of Interrogatories and in support states as follows:
1. Plaintiffs, Barry and Deborah Rowars (“Plaintiffs”), served their Second Set of
Interrogatories on Defendant on March 22, 2018.
2. The Defendant is still in the process of responding to the Second Set of
Interrogatories and needs additional time to properly respond.
3. The County requests an additional thirty (30) days in which to respond to this
discovery.
4. Rule 1.090 of the Florida Rules of Civil Procedure provides that the Court may
allow a longer time within which to respond to the above referenced discovery.
5. The granting of this Motion for Extension of Time will not prejudice the Plaintiffs.
Zz
Plainhffs'CASE NO. 15-022067 (21)
WHEREFORE, the Defendant respectfully requests that this Court grant its Motion for
Extension of Time to Respond to Plaintiffs’ Second Set of Interrogatories, and any other relief
deemed just and proper.
CERTIFICATE OF SERVICE
1 CERTIFY that on April 23, 2018, a copy hereof has been sent by electronic mail to
Samuel J. Simon, Esquire, Ansel & Miller, LLC, 1939 Tyler Street, Hollywood, FL, 33020, at
ssimon@anselmiller.com.
Respectfully submitted,
Andrew J. Meyers
Broward County Attorney
115 S. Andrews Avenue, Suite 423
Fort Lauderdale, Florida 33301
Telephone: (954) 357-7600
Fax: (954) 357-7641
By: /s/ Shannon Williams-Leon
SHANNON WILLIAMS-LEON
Assistant County Attorney
Florida Bar No. 111819
swilliamsleon@broward.org
smaldonado@broward.orgIN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND
FOR BROWARD COUNTY, FLORIDA
BARRY ROWARS and
DEBORAH ROWARS,
CASE NO. 15-022067 (21)
Plaintiff,
vs.
BROWARD COUNTY,
Defendant.
/
DEFENDANT BROWARD COUNTY’S NOTICE OF SERVING
ANSWERS TO PLAINTIFF’S INTERROGATORIES
Defendant Broward County (the “County”), by and through undersigned counsel, hereby
files its Notice of Serving Answers to Plaintiff's Interrogatories on March 22, 2018.
CERTIFICATE OF SERVICE
I CERTIFY that on April 30, 2018, a copy hereof has been sent by electronic mail to
Samuel J. Simon, Esquire, Ansel & Miller, LLC at ssimon@anselmiller.com.
Respectfully submitted,
Andrew J. Meyers
Broward County Attorney
115 S. Andrews Avenue, Suite 423
Fort Lauderdale, Florida 33301
Telephone: (954) 357-7600
Fax: (954) 357-7641
By: /s/ Shannon Williams-Leon
SHANNON WILLIAMS-LEON
Assistant County Attorney
Florida Bar No. 111819
swilliamsleon@broward.org
smaldonado@broward.org
EXHIBIT
2
Plainhfts1,
CASE NO. 15-022067 (21)
BARRY ROWARS AND DEBORAH ROWARS VS. BROWARD COUNTY
BROWARD COUNTY ANSWERS TO PLAINTIFF'S 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?
Answer:
Trevor Fell
Broward County Parks & Recreation Manager
16001 W. State Rd. 84
Sunrise, FL 33326
With the assistance of the undersigned counsel.
Please give the name, address and telephone number of all persons or entities who
designed the mountain bike trails at Markham Park and the date that the design was
completed.
Answer:
The Mountain Bike Trails were designed by Broward County and Club
Mud. The Markham Park Mountain Bike Trails were originally
designed in the 1980s and there is no specific date for completion of the
designs.
a. Please give the name, address, telephone number of the person or entity who has
present custody of the design plan.
Answer:
Objection. The Plaintiff has exceeded the number of interrogatories,
including subparts, permitted under rule 1.340(a) of the Florida Rules
of Civil Procedure. Fla. R. Civ. P. 1.340(a); see also Slatnick v.
Leadership Hous. Sys. of Fla., Inc., 368 So. 2d 78 (Fla. 4th DCA 1979)
(stating that filed written objections to interrogatories are an
acceptable substitute to a motion for protective order); Cabrera v.
Evans, 322 So. 2d 559, 560 (Fla. 3d DCA 1975) (stating that a litigant
may not use interrogatories to compel his adversary to investigate the
case for him).
b. Please give the date the design was completed
Answer:
Objection. The Plaintiff has exceeded the number of interrogatories,
including subparts, permitted under rule 1.340(a) of the Florida Rules
of Civil Procedure. Fla. R. Civ. P. 1.340(a); see also Slatnick v.
Leadership Hous. Sys. of Fla., Inc., 368 So. 2d 78 (Fla. 4th DCA 1979)
(stating that filed written objections to interrogatories are an
acceptable substitute to a motion for protective order); Cabrera v.
Evans, 322 So. 2d 559, 560 (Fla. 3d DCA 1975) (stating that a litigantCASE NO. 15-022067 (21)
may not use interrogatories to compel his adversary to investigate the
case for him).
c. Ifthere were any changes in the design on or before May 18, 2014 please describe the
changes with specificity giving the name, address and telephone number and employer
of the person making the design changes and the reason for the design changes.
Answer:
Objection. The Plaintiff has exceeded the number of interrogatories,
including subparts, permitted under rule 1.340(a) of the Florida Rules
of Civil Procedure. Fla. R. Civ. P. 1.340(a); see also Slatnick v.
Leadership Hous. Sys. of Fla., Inc., 368 So. 2d 78 (Fla. 4th DCA 1979)
(stating that filed written objections to interrogatories are an
acceptable substitute to a motion for protective order); Cabrera v.
Evans, 322 So. 2d 559, 560 (Fla. 3d DCA 1975) (stating that a litigant
may not use interrogatories to compel his adversary to investigate the
case for him).
3. Was there a landscape architect or other architect involved in the design of the mountain
bike trails at Markham Park? If the answer is yes please give the name, address and
telephone number of the landscape architect or architect.
Answer:
Objection. The Plaintiff has exceeded the number of interrogatories,
including subparts, permitted under rule 1.340(a) of the Florida Rules
of Civil Procedure. Fla. R. Civ. P. 1.340(a); see also Slatnick v.
Leadership Hous. Sys. of Fla., Inc., 368 So. 2d 78 (Fla. 4th DCA 1979)
(stating that filed written objections to interrogatories are an
acceptable substitute to a motion for protective order); Cabrera y.
Evans, 322 So. 2d 559, 560 (Fla. 3d DCA 1975) (stating that a litigant
may not use interrogatories to compel his adversary to investigate the
case for him).
Please give the name, address and telephone number of the person or entities who
constructed the mountain bike trails at Markham Park, the day construction began and the
day construction was completed.
Answer:
Objection. The Plaintiff has exceeded the number of interrogatories,
including subparts, permitted under rule 1.340(a) of the Florida Rules
of Civil Procedure. Fla. R. Civ. P. 1.340(a); see also Slatnick v.
Leadership Hous. Sys. of Fla., Inc., 368 So. 2d 78 (Fla. 4th DCA 1979)
(stating that filed written objections to interrogatories are an
acceptable substitute to a motion for protective order); Cabrera v.
Evans, 322 So. 2d 559, 560 (Fla. 3d DCA 1975) (stating that a litigant
may not use interrogatories to compel his adversary to investigate the
case for him).Answer:
CASE NO. 15-022067 (21)
From the time construction was completed up to and including May 18,
2014, please give any and all changes to the mountain bike trails and the
reason for the changes.
Objection. The Plaintiff has exceeded the number of
interrogatories, including subparts, permitted under rule
1.340(a) of the Florida Rules of Civil Procedure. Fla. R. Civ. P.
1.340(a); see also Slatnick v. Leadership Hous. Sys. of Fla., Inc.,
368 So. 2d 78 (Fla. 4th DCA 1979) (stating that filed written
objections to interrogatories are an acceptable substitute to a
motion for protective order); Cabrera v. Evans, 322 So. 2d 559,
560 (Fla. 3d DCA 1975) (stating that a litigant may not use
interrogatories to compel his adversary to investigate the case
for him).
5. Please give the name, address and telephone number of the person or entities who decided
where to place the signage on the mountain bike trails at Markham Park on or before May
18, 2014, and please give the name, address and telephone number of their employer at the
time it was done.
Answer:
Objection. The Plaintiff has exceeded the number of interrogatories,
including subparts, permitted under rule 1.340(a) of the Florida Rules
of Civil Procedure. Fla. R. Civ. P. 1.340(a); see also Slatnick v.
Leadership Hous. Sys. of Fla., Inc., 368 So. 2d 78 (Fla. 4th DCA 1979)
(stating that filed written objections to interrogatories are an
acceptable substitute to a motion for protective order); Cabrera v.
Evans, 322 So. 2d 559, 560 (Fla. 3d DCA 1975) (stating that a litigant
may not use interrogatories to compel his adversary to investigate the
case for him).
6. When were the mountain bike trails open to the public?
Answer:
Objection. The Plaintiff has exceeded the number of interrogatories,
including subparts, permitted under rule 1.340(a) of the Florida Rules
of Civil Procedure. Fla. R. Civ. P. 1.340(a); see also Slatnick v.
Leadership Hous. Sys. of Fla., Inc., 368 So. 2d 78 (Fla. 4th DCA 1979)
(stating that filed written objections to interrogatories are an
acceptable substitute to a motion for protective order); Cabrera v.
Evans, 322 So. 2d 559, 560 (Fla. 3d DCA 1975) (stating that a litigant
may not use interrogatories to compel his adversary to investigate the
case for him).
a. Was there an inspections done by any governmental entity of the mountain bike trails
and the signage before they were open to the public and if so please give the names,
addresses and telephone number of the person who did so, date of inspection, name,
4CASE NO. 15-022067 (21)
address and telephone number of their employer on date of inspection and what
inspection revealed.
Answer:
Objection. The Plaintiff has exceeded the number of interrogatories,
including subparts, permitted under rule 1.340(a) of the Florida Rules
of Civil Procedure. Fla. R. Civ. P. 1.340(a); see also Slatnick v.
Leadership Hous. Sys. of Fla., Inc., 368 So. 2d 78 (Fla. 4th DCA 1979)
(stating that filed written objections to interrogatories are an
acceptable substitute to a motion for protective order); Cabrera vy.
Evans, 322 So. 2d 559, 560 (Fla. 3d DCA 1975) (stating that a litigant
may not use interrogatories to compel his adversary to investigate the
case for him).
b. Was there an inspection of the mountain bike trails and signage done before they were
open to the public b any private person or entity and if so please give the name, address
and telephone number of the person who did so, date of inspection; name, address and
telephone number of their employer on date of inspection and what inspection revealed.
Answer:
Objection. The Plaintiff has exceeded the number of interrogatories,
including subparts, permitted under rule 1.340(a) of the Florida Rules
of Civil Procedure. Fla. R. Civ. P. 1.340(a); see also Slatnick vy.
Leadership Hous. Sys. of Fla., Inc., 368 So. 2d 78 (Fla. 4th DCA 1979)
(stating that filed written objections to interrogatories are an
acceptable substitute to a motion for protective order); Cabrera v.
Evans, 322 So. 2d 559, 560 (Fla. 3d DCA 1975) (stating that a litigant
may not use interrogatories to compel his adversary to investigate the
case for him).
7. On May 18, 2014 please give the name, address and telephone number of the persons who
were in the booth at the entrance of Markham Park.
Answer:
Objection. The Plaintiff has exceeded the number of interrogatories,
including subparts, permitted under rule 1.340(a) of the Florida Rules
of Civil Procedure. Fla. R. Civ. P. 1.340(a); see also Slatnick v.
Leadership Hous. Sys. of Fla., Inc., 368 So. 2d 78 (Fla. 4th DCA 1979)
(stating that filed written objections to interrogatories are an
acceptable substitute to a motion for protective order); Cabrera y.,
Evans, 322 So. 2d 559, 560 (Fla. 3d DCA 1975) (stating that a litigant
may not use interrogatories to compel his adversary to investigate the
case for him).
a. Please give his name, address and telephone number of the employer on May 18, 2014.Answer:
CASE NO. 15-022067 (21)
Objection. The Plaintiff has exceeded the number of interrogatories,
including subparts, permitted under rule 1.340(a) of the Florida Rules
of Civil Procedure. Fla. R. Civ. P. 1.340(a); see also Slatnick v.
Leadership Hous. Sys. of Fla., Inc., 368 So. 2d 78 (Fla. 4th DCA 1979)
(stating that filed written objections to interrogatories are an
acceptable substitute to a motion for protective order); Cabrera v.
Evans, 322 So. 2d 559, 560 (Fla. 3d DCA 1975) (stating that a litigant
may not use interrogatories to compel his adversary to investigate the
case for him).
b. Please indicate the hours they were in the booth.
Answer:
Objection. The Plaintiff has exceeded the number of interrogatories,
including subparts, permitted under rule 1.340(a) of the Florida Rules
of Civil Procedure. Fla. R. Civ. P. 1.340(a); see also Slatnick v.
Leadership Hous. Sys. of Fla., Inc., 368 So. 2d 78 (Fla. 4th DCA 1979)
(stating that filed written objections to interrogatories are an
acceptable substitute to a motion for protective order); Cabrera v.
Evans, 322 So. 2d 559, 560 (Fla. 3d DCA 1975) (stating that a litigant
may not use interrogatories to compel his adversary to investigate the
case for him).
8. On May 18, 2014 between the hours of 7:00 and 12:00 noon, were there any maintenance
workers or other workers working at or near the mountain bike trails at Markham Park?
Answer:
Objection. The Plaintiff has exceeded the number of interrogatories,
including subparts, permitted under rule 1.340(a) of the Florida Rules
of Civil Procedure. Fla. R. Civ. P. 1.340(a); see also Slatnick v.
Leadership Hous. Sys. of Fla., Inc., 368 So. 2d 78 (Fla. 4th DCA 1979)
(stating that filed written objections to interrogatories are an
acceptable substitute to a motion for protective order); Cabrera v.
Evans, 322 So. 2d 559, 560 (Fla. 3d DCA 1975) (stating that a litigant
may not use interrogatories to compel his adversary to investigate the
case for him).
a. If the answer is yes, please give the name, address and telephone number of these
persons and the name, address, and telephone number of the employer on May 18,
2014,
Answer:
Objection. The Plaintiff has exceeded the number of interrogatories,
including subparts, permitted under rule 1.340(a) of the Florida Rules
of Civil Procedure. Fla. R. Civ. P. 1.340(a); see also Slatnick v.
Leadership Hous. Sys. of Fla., Inc., 368 So. 2d 78 (Fla. 4th DCA 1979)
(stating that filed written objections to interrogatories are an
acceptable substitute to a motion for protective order); Cabrera v.
Evans, 322 So. 2d 559, 560 (Fla. 3d DCA 1975) (stating that a litigantCASE NO. 15-022067 (21)
may not use interrogatories to compel his adversary to investigate the
case for him).
b. Please describe specifically what work they were doing.
Answer:
Objection. The Plaintiff has exceeded the number of interrogatories,
including subparts, permitted under rule 1.340(a) of the Florida Rules
of Civil Procedure. Fla. R. Civ. P. 1.340(a); see also Slatnick v.
Leadership Hous. Sys. of Fla., Inc., 368 So. 2d 78 (Fla. 4th DCA 1979)
(stating that filed written objections to interrogatories are an
acceptable substitute to a motion for protective order); Cabrera v.
Evans, 322 So. 2d 559, 560 (Fla. 3d DCA 1975) (stating that a litigant
may not use interrogatories to compel his adversary to investigate the
case for him).
c. If there are any records, documents, photographs, DVDs, pictorial representations of
an of the work being done by them on that day, please give a description of what exists
and the name, address, and telephone number of the person making such record,
photographs, DVD, or pictorial representation and the name, address and telephone
number of the person or entity who has custody of them.
Answer:
Objection. The Plaintiff has exceeded the number of interrogatories,
including subparts, permitted under rule 1.340(a) of the Florida Rules
of Civil Procedure. Fla. R. Civ. P. 1.340(a); see also Slatnick v.
Leadership Hous. Sys. of Fla., Inc., 368 So. 2d 78 (Fla. 4th DCA 1979)
(stating that filed written objections to interrogatories are an
acceptable substitute to a motion for protective order); Cabrera y.
Evans, 322 So. 2d 559, 560 (Fla. 3d DCA 1975) (stating that a litigant
may not use interrogatories to compel his adversary to investigate the
case for him).
9. Please give the name, address and telephone number of all persons from whom you have
taken statements from concerning how Barry Rowars was injured on May 18, 2014.
Answer:
Objection. The Plaintiff has exceeded the number of interrogatories,
including subparts, permitted under rule 1.340(a) of the Florida Rules
of Civil Procedure. Fla. R. Civ. P. 1.340(a); see also Slatnick v.
Leadership Hous. Sys. of Fla., Inc., 368 So. 24 78 (Fla. 4th DCA 1979)
(stating that filed written objections to interrogatories are an
acceptable substitute to a motion for protective order); Cabrera v.
Evans, 322 So. 2d 559, 560 (Fla. 3d DCA 1975) (stating that a litigant
may not use interrogatories to compel his adversary to investigate the
case for him).CASE NO. 15-022067 (21)
a. Please give the date of the statement, name, address and telephone number of their
employer on that date; and name, address and telephone number of the person or entity
who has custody of the statement.
Answer: Objection. The Plaintiff has exceeded the number of interrogatories,
including subparts, permitted under rule 1.340(a) of the Florida Rules
of Civil Procedure. Fla. R. Civ. P. 1.340(a); see also Slatnick v.
Leadership Hous. Sys. of Fla., Inc., 368 So. 2d 78 (Fla. 4th DCA 1979)
(stating that filed written objections to interrogatories are an
acceptable substitute to a motion for protective order); Cabrera v.
Evans, 322 So. 2d 559, 560 (Fla. 3d DCA 1975) (stating that a litigant
may not use interrogatories to compel his adversary to investigate the
case for him).
10. When was the last maintenance or inspection done of the intermediate trail and the expert
trail prior to the time Barry Rowars alleges he fell on the expert trail? Please give the name,
address and telephone number of the person who did so and the name, address and
telephone number of the employer at the time it was done. Please give a description of what
the inspection revealed or the maintenance that was done or both.
Answer: Objection. The Plaintiff has exceeded the number of interrogatories,
including subparts, permitted under rule 1.340(a) of the Florida Rules
of Civil Procedure. Fla. R. Civ. P. 1.340(a); see also Slatnick v.
Leadership Hous. Sys. of Fla., Inc., 368 So. 2d 78 (Fla. 4th DCA 1979)
(stating that filed written objections to interrogatories are an
acceptable substitute to a motion for protective order); Cabrera v.
Evans, 322 So. 2d 559, 560 (Fla. 3d DCA 1975) (stating that a litigant
may not use interrogatories to compel his adversary to investigate the
case for him).
1
- On or prior to May 18, 2014, please give the name, address and telephone number of any
persons who are not agents or employees of Broward County acting within the course and
scope of employment or agency who did any maintenance or inspection of the Armadillo
trail particularly included, but not limited, to the area where the intermediate cut off was
located on May 18, 2013 through May 18, 2014. For each person please indicate
specifically what they did and if such person made any printed record or photographic
record of the work they did and please describe what this person did and please give the
name, address and telephone number of the person in custody of those records or
documents.
Answer: Objection. The Plaintiff has exceeded the number of interrogatories,
including subparts, permitted under rule 1.340(a) of the Florida Rules
of Civil Procedure. Fla. R. Civ. P. 1.340(a); see also Slatnick v.
Leadership Hous. Sys. of Fla., Inc., 368 So. 2d 78 (Fla. 4th DCA 1979)
(stating that filed written objections to interrogatories are an
acceptable substitute to a motion for protective order); Cabrera v.CASE NO. 15-022067 (21)
Evans, 322 So. 2d 559, 560 (Fla. 3d DCA 1975) (stating that a litigant
may not use interrogatories to compel his adversary to investigate the
case for him).
12. For all volunteers listed for in the answer to Interrogatory 15 served on June 24, 2016,
please give:
a. Their last known address and telephone number.
Answer:
Objection. The Plaintiff has exceeded the number of interrogatories,
including subparts, permitted under rule 1.340(a) of the Florida Rules
of Civil Procedure. Fla. R. Civ. P. 1.340(a); see also Slatnick v.
Leadership Hous. Sys. of Fla., Inc., 368 So. 2d 78 (Fla. 4th DCA 1979)
(stating that filed written objections to interrogatories are an
acceptable substitute to a motion for protective order); Cabrera v.
Evans, 322 So. 2d 559, 560 (Fla. 3d DCA 1975) (stating that a litigant
may not use interrogatories to compel his adversary to investigate the
case for him).
b. Ifthey were paid any compensation for what they did, If so, how much they were paid,
the dates of payments, and the name, address and telephone number of the person who
made the payments.
Answer:
Objection. The Plaintiff has exceeded the number of interrogatories,
including subparts, permitted under rule 1.340(a) of the Florida Rules
of Civil Procedure. Fla. R. Civ. P. 1.340(a); see also Slatnick v.
Leadership Hous. Sys. of Fla., Inc., 368 So. 2d 78 (Fla. 4th DCA 1979)
(stating that filed written objections to interrogatories are an
acceptable substitute to a motion for protective order); Cabrera v.
Evans, 322 So. 2d 559, 560 (Fla. 3d DCA 1975) (stating that a litigant
may not use interrogatories to compel his adversary to investigate the
case for him).
c. For the persons listed are there any records, emails, documents of an kind, photographs,
cell phone photos, pictorial representations of what they did while they were "present
on the trails during the month of May 2014". If the answer is yes please describe what
exists and the name, address and telephone number of who has custody of these
documents or pictorial representation of the work done.
Answer:
Objection. The Plaintiff has exceeded the number of interrogatories,
including subparts, permitted under rule 1.340(a) of the Florida Rules
of Civil Procedure. Fla. R. Civ. P. 1.340(a); see also Slatnick v.
Leadership Hous. Sys. of Fla., Inc., 368 So. 2d 78 (Fla. 4th DCA 1979)
(stating that filed written objections to interrogatories are an
acceptable substitute to a motion for protective order); Cabrera v.
Evans, 322 So. 2d 559, 560 (Fla. 3d DCA 1975) (stating that a litigantCASE NO. 15-022067 (21)
may not use interrogatories to compel his adversary to investigate the
case for him).
13. On May 18, 2014 was there a fee for using the mountain bike trails that you contend Barry
Rowars was supposed to pay in addition to admissions to Markham Park? If the answer is
yes please give the amount of the fee, where that fee was supposed to be paid and whether
there was any signage in Markham Park on May 18, 2014 that indicated that a separate fee
had to be paid.
Answer: Objection. The Plaintiff has exceeded the number of interrogatories,
including subparts, permitted under rule 1.340(a) of the Florida Rules
of Civil Procedure. Fla. R. Civ. P. 1.340(a); see also Slatnick v.
Leadership Hous. Sys. of Fla., Inc., 368 So. 24 78 (Fla. 4th DCA 1979)
(stating that filed written objections to interrogatories are an
acceptable substitute to a motion for protective order); Cabrera v.
Evans, 322 So. 2d 559, 560 (Fla. 3d DCA 1975) (stating that a litigant
may not use interrogatories to compel his adversary to investigate the
case for him).
10CASE NO. 15-022067 (21)
STATE OF FLORIDA )
)
COUNTY OF BROWARD)
BEFORE ME, the undersigned authority, personally appeared
> Who, being by me first duly sworn on oath, deposes and says that
he/she has read the attached Answers to Broward County's First Sei of Interrogatorjes and that >
co 7
they are true and correct.
AFFIANT
The foregoing instrument was acknowledged before me this
J whe :
of, . 2018, by J , who is personally
known to me or who has produced _y “ary eae as identification. 7
NOTARY PUBLI
PAUL A, DAVIDSON Signature:
Notary Pubhe State of Florida.
Commission € GG 148207
‘Comm, Expites Feb 20, 2022 7 \
Jed through National Notary Assn, Print Name:,:
(Seal) Sal
My Commission Expires:
Preview
Filing # 76242647 E-Filed 08/09/2018 04:48:15 PM IN THE CIRCUIT COURT OF THE 17% JUDICIAL CIRCUIT, IN AND FOR BROWARD COUNTY, FLORIDA CASE NO.: 15-022067 (21) BARRY ROWARS and DEBORAH ROWARS, Plaintiffs, vs. BROWARD COUNTY, Defendant. / PLAINTIFFS’, BARRY ROWARS’ AND DEBORAH ROWARS’, MOTION TO SERVE INTERROGATORIES IN EXCESS OF THIRTY Plaintiffs, BARRY ROWARS and DEBORAH ROWARS, by and through their undersigned counsel, files this their Motion to Serve Interrogatories in Excess of Thirty and for their Motion say: 1. This is an action for personal injuries wherein the Plaintiff, BARRY ROWARS has alleged that the Defendant, BROWARD COUNTY was negligent and grossly negligent by failing to warn him of a trap on the mountain bike trials in Markham Park because the sign for the intermediate cut-off was down and not visible to the Plaintiff, BARRY ROWARS, which caused him to enter an expert section on the mountain bike trail, lose control, fall and be injured. 2. On March 22, 2018, Plaintiff served Interrogatories to the Defendant. 3. Attached hereto as Plaintiffs’ Exhibit 1 is Notice of Serving Interrogatories to Defendant, Broward County. *4* FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 8/9/2018 4:48:15 PM.****10. 11. 12. On April 23, 2018, Defendant served Defendant’s Motion for Extension of Time to Respond to Plaintiffs’ Second Set of Interrogatories (attached hereto as Plaintiffs’ Exhibit 2). On April 30, 2018, Defendant served Defendant, Broward County’s Notice of Serving Answers to Plaintiffs’ Interrogatories (attached hereto as Plaintiffs’ Exhibit 3). Defendant answered Interrogatories 1 and 2 and then objected to all other Interrogatories on the ground that the Plaintiffs exceeded the number of Interrogatories and subparts pursuant to Florida Rule of Civil Procedure 1.340(a). The original Interrogatories were 28 including subparts. Florida Rule of Civil Procedure 1.340(a) provides the party may propound more than thirty Interrogatories, including subparts with a showing of good cause. Defendant waived the thirty day limit by filing Defendant’s Motion for Extension of Time to Respond to Plaintiffs’ Second Set of Interrogatories on April 23, 2018 and asking for an additional thirty days, which manifests a clear intent to answer those Interrogatories. There is good cause for the Court to allow Plaintiff to serve in excess of thirty Interrogatories. The Interrogatories served on March 22, 2018 are twenty-five including subparts in excess of thirty. Because this case involves mountain bike trails there are also questions regarding the construction, design and the maintenance of the subject mountain bike trails.13. The additional Interrogatories of March 22, 2018 are concerned with information that is readily within the knowledge of the Defendant and is not readily within the knowledge of the Plaintiffs. 14. Plaintiff's counsel has written defense counsel in a good faith effort to resolve this without the necessity of a hearing. WHEREFORE, Plaintiffs move this Honorable Court for the entry of an Order Allowing them to Serve Interrogatories Beyond Thirty and Requiring the Defendant to Serve Complete Answers to the Interrogatories served by the Plaintiff on March 22, 2018. ANSEL & MILLER, LLC Counsel for the Plaintiffs 1939 Tyler Street Hollywood, FL 33020 Phone: O54) 922-9100 Florida Bar No.: 18453 13 I HEREBY CERTIFY that on this q day of Q 4\vd |, 2018 a true and correct copy of the foregoing was electronically filed with the Clerk of Courts using the Florida Courts E-Filing Portal which generates a Service of Court Document via e-mail to Counsel for Broward County: Shannon Williams-Leon, Esq. at swilliamsleon@broward.org and smaldonado@broward.org. Ls/ Samuel J. Simon, Esq Samuel J. Simon, Esq. Florida Bar No.: 184313 ANSEL & MILLER, LLC Counsel for the Plaintiffs 1939 Tyler Street Hollywood, FL 33020 Phone: (954) 922-9100 Fax: (954) 922-9176 ssimon@anselmiller.comFiling # 69679661 E-Filed 03/22/2018 03:16:24 PM IN THE CIRCUIT COURT OF THE 17" JUDICIAL CIRCUIT, IN AND FOR BROWARD COUNTY, FLORIDA CASE NO.: 15-022067 (21) BARRY ROWARS and DEBORAH ROWARS, Plaintiffs, vs. BROWARD COUNTY, Defendant. / NOTICE OF SERVING INTERROGATORIES TO DEFENDANT, BROWARD COUNTY Plaintiffs, BARRY ROWARS and DEBORAH ROWARS, by and through their undersigned counsel and pursuant to Florida Rules of Civil Procedure 1.340, propound the attached Interrogatories to the Defendant, BROWARD COUNTY, to be answered in writing, under oath, within thirty-five (35) days from the date of service. ANSEL & MILLER, LLC Counsel for the Plaintiff 1939 Tyler Street Hollywood, FL 33020 Phone: (954) 922-9100 Fax: (954) 922-' By: Samuel J. Simon, Esq. Florida Bar No.: 184313 EXHIBIT tee 2 Plank FFs!I HEREBY CERTIFY that on this ao. day of oe , 2018 a true and correct copy of the foregoing was electronically filed with the Clerk of Courts using the Florida Courts E-Filing Portal which generates a Service of Court Document via e-mail to Counsel for Broward County: Hans A. Laurenceau, Esq. at hlaurenceau@broward.or, ; smaldonado@broward.org. 4s! Samuel J. Simon, Esq Samuel J. Simon, Esq. Florida Bar No.: 184313 ANSEL & MILLER, LLC Counsel for the Plaintiffs 1939 Tyler Street Hollywood, FL 33020 Phone: (954) 922-9100 Fax: (954) 922-9176 ssimon@anselmiller.comINTERROGATORIES TO DEFENDANT, BROWARD COUNTY 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? Please give the name, address and telephone number of all persons or entities who designed the mountain bike trails at Markham Park and the date that the design was completed, a. Please give the name, address, telephone number of the person or entity who has present custody of the design plan. b. Please give the date the design was completed. c. If there were any changes in the design on or before May 18, 2014 please describe the changes with specificity giving the name, address and telephone number and employer of the person making the design changes and the reason for the design changes. Was there a landscape architect or other architect involved in the design of the mountain bike trails at Markham Park? If the answer is yes please give the name, address and telephone number of the landscape architect or architect. Please give the name, address and telephone number of the person or entities who constructed the mountain bike trails at Markham Park, the day construction began and the day construction was completed.a. From the time the construction was completed up to and including May 18, 2014 please give any and all changes to the mountain bike trails and the reason for the changes. Please give the name, address and telephone number of the person or entities who decided where to place the signage on the mountain bike trails at Markham Park on or before May 18, 2014 and please give the name, address and telephone number of their employer at the time it was done. When were the mountain bike trails open to the public? a. Was there an inspection done by any governmental entity of the mountain bike trails and the signage before they were open to the public and if so please give the name, address and telephone number of the person who did so, date of inspection, name and address of governmental entity and what inspection revealed, b. Was there an inspection of the mountain bike trails and signage done before they were open to the public by any private person or entity and if so please give the name, address and telephone number of the person who did so, date of inspection; name, address and telephone number of their employer on date of inspection and what inspection revealed. On May 18, 2014 please give the name, address and telephone number of the persons who were in the booth at the entrance to Markham Park. a. Please give the name, address and telephone number of the employer on May 18, 2014. b. Please indicate the hours they were in the booth.8. On May 18, 2014 between the hours of 7:00 am and 12:00 noon, were there any maintenance workers or other workers working at or near the mountain bike trails at Markham Park? a. Ifthe answer is yes, please give the name, address and telephone number of these persons and the name, address, and telephone number of the employer on May 18, 2014, b. Please describe specifically what work they were doing. c. Ifthere are any records, documents, photographs, DVDs, pictorial representations of any of the work being done by them on that day, please give a description of what exists and the name, address and telephone number of the person making such record, photograph, DVD, or pictorial representation and the name, address and telephone number of the person or entity who has custody of them. Please give the name, address and telephone number of all persons from whom you have taken statements from concerning how Barry Rowars was injured on May 18, 2014. a. Please give the date of the statement, name, address and telephone number of their employer on that date; and name, address and telephone number of the person or entity who has custody of the statement.10. ll. 12. When was the last maintenance or inspection done of the intermediate trail and the expert trail prior to the time Barry Rowars alleges he fell on the expert trail? Please give the name, address and telephone number of the person who did so and the name, address and telephone number of the employer at the time it was done. Please give a description of what the inspection revealed or the maintenance that was done or both. On or prior to May 18, 2014, please give the name, address and telephone number of any persons who are not agents or employees of Broward County acting within the course and scope of employment or agency who did any maintenance or inspection of the Armadillo trail particularly included, but not limited, to the area where the intermediate cut off was located on May 18, 2013 through May 18, 2014. For each person please indicate specifically what they did and if such person made any printed record or photographic record of the work they did and please describe what this person did and please give the name, address and telephone number of the person in custody of those records or documents. For all volunteers listed for in the answer to Interrogatory 15 served on June 24, 2016, please give: a. Their last known address and telephone number. b. Ifthey were paid any compensation for what they did. If so, how much they were paid, the dates of payment and the name, address and telephone number of the person who made the payments.13. c. For the persons listed are there any records, emails, documents of any kind, photographs, cell phone photos, pictorial representations of what they did while they were “present on the trails during the month of May 2014”, If the answer is yes please describe what exists and the name, address and telephone number of who has custody of these documents or pictorial representation of the work done. On May 18, 2014 was there a fee for using the mountain bike trails that you contend Barry Rowars was supposed to pay in addition to admission to Markham Park? If the answer is yes please give the amount of the fee, where that fee was supposed to be paid and whether there was any signage in Markham Park on May 18, 2014 that indicated that a separate fee had to be paid.By: BROWARD COUNTY STATE OF ) ) SS: COUNTY OF ) BEFORE ME, the undersigned authority, personally appeared as of BROWARD COUNTY, FLORIDA, who, after being duly sworn, deposes and says that he/she has read the foregoing Answers to Interrogatories and they are true and correct to the best of his/her knowledge and belief. SWORN TO AND SUBSCRIBED before me in the State and County aforesaid, this day of. 2018. NOTARY PUBLIC, State of My Commission Expires:Filing # 71075726 E-Filed 04/23/2018 11:33:57 AM 1IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA BARRY ROWARS and DEBORAH ROWARS, CASE NO. 15-022067 (21) Plaintiff, vs. BROWARD COUNTY, Defendant. / DEFENDANT’S MOTION FOR EXTENSION OF TIME TO RESPOND TO PLAINTIFFS’ SECOND SET OF INTERROGATORIES Defendant, Broward County (“Defendant”), through the undersigned counsel and pursuant to Rule 1.090(b) of the Florida Rules of Civil Procedure, files its Motion for Extension of Time to Respond to Plaintiffs’ Second Set of Interrogatories and in support states as follows: 1. Plaintiffs, Barry and Deborah Rowars (“Plaintiffs”), served their Second Set of Interrogatories on Defendant on March 22, 2018. 2. The Defendant is still in the process of responding to the Second Set of Interrogatories and needs additional time to properly respond. 3. The County requests an additional thirty (30) days in which to respond to this discovery. 4. Rule 1.090 of the Florida Rules of Civil Procedure provides that the Court may allow a longer time within which to respond to the above referenced discovery. 5. The granting of this Motion for Extension of Time will not prejudice the Plaintiffs. Zz Plainhffs'CASE NO. 15-022067 (21) WHEREFORE, the Defendant respectfully requests that this Court grant its Motion for Extension of Time to Respond to Plaintiffs’ Second Set of Interrogatories, and any other relief deemed just and proper. CERTIFICATE OF SERVICE 1 CERTIFY that on April 23, 2018, a copy hereof has been sent by electronic mail to Samuel J. Simon, Esquire, Ansel & Miller, LLC, 1939 Tyler Street, Hollywood, FL, 33020, at ssimon@anselmiller.com. Respectfully submitted, Andrew J. Meyers Broward County Attorney 115 S. Andrews Avenue, Suite 423 Fort Lauderdale, Florida 33301 Telephone: (954) 357-7600 Fax: (954) 357-7641 By: /s/ Shannon Williams-Leon SHANNON WILLIAMS-LEON Assistant County Attorney Florida Bar No. 111819 swilliamsleon@broward.org smaldonado@broward.orgIN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA BARRY ROWARS and DEBORAH ROWARS, CASE NO. 15-022067 (21) Plaintiff, vs. BROWARD COUNTY, Defendant. / DEFENDANT BROWARD COUNTY’S NOTICE OF SERVING ANSWERS TO PLAINTIFF’S INTERROGATORIES Defendant Broward County (the “County”), by and through undersigned counsel, hereby files its Notice of Serving Answers to Plaintiff's Interrogatories on March 22, 2018. CERTIFICATE OF SERVICE I CERTIFY that on April 30, 2018, a copy hereof has been sent by electronic mail to Samuel J. Simon, Esquire, Ansel & Miller, LLC at ssimon@anselmiller.com. Respectfully submitted, Andrew J. Meyers Broward County Attorney 115 S. Andrews Avenue, Suite 423 Fort Lauderdale, Florida 33301 Telephone: (954) 357-7600 Fax: (954) 357-7641 By: /s/ Shannon Williams-Leon SHANNON WILLIAMS-LEON Assistant County Attorney Florida Bar No. 111819 swilliamsleon@broward.org smaldonado@broward.org EXHIBIT 2 Plainhfts1, CASE NO. 15-022067 (21) BARRY ROWARS AND DEBORAH ROWARS VS. BROWARD COUNTY BROWARD COUNTY ANSWERS TO PLAINTIFF'S 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? Answer: Trevor Fell Broward County Parks & Recreation Manager 16001 W. State Rd. 84 Sunrise, FL 33326 With the assistance of the undersigned counsel. Please give the name, address and telephone number of all persons or entities who designed the mountain bike trails at Markham Park and the date that the design was completed. Answer: The Mountain Bike Trails were designed by Broward County and Club Mud. The Markham Park Mountain Bike Trails were originally designed in the 1980s and there is no specific date for completion of the designs. a. Please give the name, address, telephone number of the person or entity who has present custody of the design plan. Answer: Objection. The Plaintiff has exceeded the number of interrogatories, including subparts, permitted under rule 1.340(a) of the Florida Rules of Civil Procedure. Fla. R. Civ. P. 1.340(a); see also Slatnick v. Leadership Hous. Sys. of Fla., Inc., 368 So. 2d 78 (Fla. 4th DCA 1979) (stating that filed written objections to interrogatories are an acceptable substitute to a motion for protective order); Cabrera v. Evans, 322 So. 2d 559, 560 (Fla. 3d DCA 1975) (stating that a litigant may not use interrogatories to compel his adversary to investigate the case for him). b. Please give the date the design was completed Answer: Objection. The Plaintiff has exceeded the number of interrogatories, including subparts, permitted under rule 1.340(a) of the Florida Rules of Civil Procedure. Fla. R. Civ. P. 1.340(a); see also Slatnick v. Leadership Hous. Sys. of Fla., Inc., 368 So. 2d 78 (Fla. 4th DCA 1979) (stating that filed written objections to interrogatories are an acceptable substitute to a motion for protective order); Cabrera v. Evans, 322 So. 2d 559, 560 (Fla. 3d DCA 1975) (stating that a litigantCASE NO. 15-022067 (21) may not use interrogatories to compel his adversary to investigate the case for him). c. Ifthere were any changes in the design on or before May 18, 2014 please describe the changes with specificity giving the name, address and telephone number and employer of the person making the design changes and the reason for the design changes. Answer: Objection. The Plaintiff has exceeded the number of interrogatories, including subparts, permitted under rule 1.340(a) of the Florida Rules of Civil Procedure. Fla. R. Civ. P. 1.340(a); see also Slatnick v. Leadership Hous. Sys. of Fla., Inc., 368 So. 2d 78 (Fla. 4th DCA 1979) (stating that filed written objections to interrogatories are an acceptable substitute to a motion for protective order); Cabrera v. Evans, 322 So. 2d 559, 560 (Fla. 3d DCA 1975) (stating that a litigant may not use interrogatories to compel his adversary to investigate the case for him). 3. Was there a landscape architect or other architect involved in the design of the mountain bike trails at Markham Park? If the answer is yes please give the name, address and telephone number of the landscape architect or architect. Answer: Objection. The Plaintiff has exceeded the number of interrogatories, including subparts, permitted under rule 1.340(a) of the Florida Rules of Civil Procedure. Fla. R. Civ. P. 1.340(a); see also Slatnick v. Leadership Hous. Sys. of Fla., Inc., 368 So. 2d 78 (Fla. 4th DCA 1979) (stating that filed written objections to interrogatories are an acceptable substitute to a motion for protective order); Cabrera y. Evans, 322 So. 2d 559, 560 (Fla. 3d DCA 1975) (stating that a litigant may not use interrogatories to compel his adversary to investigate the case for him). Please give the name, address and telephone number of the person or entities who constructed the mountain bike trails at Markham Park, the day construction began and the day construction was completed. Answer: Objection. The Plaintiff has exceeded the number of interrogatories, including subparts, permitted under rule 1.340(a) of the Florida Rules of Civil Procedure. Fla. R. Civ. P. 1.340(a); see also Slatnick v. Leadership Hous. Sys. of Fla., Inc., 368 So. 2d 78 (Fla. 4th DCA 1979) (stating that filed written objections to interrogatories are an acceptable substitute to a motion for protective order); Cabrera v. Evans, 322 So. 2d 559, 560 (Fla. 3d DCA 1975) (stating that a litigant may not use interrogatories to compel his adversary to investigate the case for him).Answer: CASE NO. 15-022067 (21) From the time construction was completed up to and including May 18, 2014, please give any and all changes to the mountain bike trails and the reason for the changes. Objection. The Plaintiff has exceeded the number of interrogatories, including subparts, permitted under rule 1.340(a) of the Florida Rules of Civil Procedure. Fla. R. Civ. P. 1.340(a); see also Slatnick v. Leadership Hous. Sys. of Fla., Inc., 368 So. 2d 78 (Fla. 4th DCA 1979) (stating that filed written objections to interrogatories are an acceptable substitute to a motion for protective order); Cabrera v. Evans, 322 So. 2d 559, 560 (Fla. 3d DCA 1975) (stating that a litigant may not use interrogatories to compel his adversary to investigate the case for him). 5. Please give the name, address and telephone number of the person or entities who decided where to place the signage on the mountain bike trails at Markham Park on or before May 18, 2014, and please give the name, address and telephone number of their employer at the time it was done. Answer: Objection. The Plaintiff has exceeded the number of interrogatories, including subparts, permitted under rule 1.340(a) of the Florida Rules of Civil Procedure. Fla. R. Civ. P. 1.340(a); see also Slatnick v. Leadership Hous. Sys. of Fla., Inc., 368 So. 2d 78 (Fla. 4th DCA 1979) (stating that filed written objections to interrogatories are an acceptable substitute to a motion for protective order); Cabrera v. Evans, 322 So. 2d 559, 560 (Fla. 3d DCA 1975) (stating that a litigant may not use interrogatories to compel his adversary to investigate the case for him). 6. When were the mountain bike trails open to the public? Answer: Objection. The Plaintiff has exceeded the number of interrogatories, including subparts, permitted under rule 1.340(a) of the Florida Rules of Civil Procedure. Fla. R. Civ. P. 1.340(a); see also Slatnick v. Leadership Hous. Sys. of Fla., Inc., 368 So. 2d 78 (Fla. 4th DCA 1979) (stating that filed written objections to interrogatories are an acceptable substitute to a motion for protective order); Cabrera v. Evans, 322 So. 2d 559, 560 (Fla. 3d DCA 1975) (stating that a litigant may not use interrogatories to compel his adversary to investigate the case for him). a. Was there an inspections done by any governmental entity of the mountain bike trails and the signage before they were open to the public and if so please give the names, addresses and telephone number of the person who did so, date of inspection, name, 4CASE NO. 15-022067 (21) address and telephone number of their employer on date of inspection and what inspection revealed. Answer: Objection. The Plaintiff has exceeded the number of interrogatories, including subparts, permitted under rule 1.340(a) of the Florida Rules of Civil Procedure. Fla. R. Civ. P. 1.340(a); see also Slatnick v. Leadership Hous. Sys. of Fla., Inc., 368 So. 2d 78 (Fla. 4th DCA 1979) (stating that filed written objections to interrogatories are an acceptable substitute to a motion for protective order); Cabrera vy. Evans, 322 So. 2d 559, 560 (Fla. 3d DCA 1975) (stating that a litigant may not use interrogatories to compel his adversary to investigate the case for him). b. Was there an inspection of the mountain bike trails and signage done before they were open to the public b any private person or entity and if so please give the name, address and telephone number of the person who did so, date of inspection; name, address and telephone number of their employer on date of inspection and what inspection revealed. Answer: Objection. The Plaintiff has exceeded the number of interrogatories, including subparts, permitted under rule 1.340(a) of the Florida Rules of Civil Procedure. Fla. R. Civ. P. 1.340(a); see also Slatnick vy. Leadership Hous. Sys. of Fla., Inc., 368 So. 2d 78 (Fla. 4th DCA 1979) (stating that filed written objections to interrogatories are an acceptable substitute to a motion for protective order); Cabrera v. Evans, 322 So. 2d 559, 560 (Fla. 3d DCA 1975) (stating that a litigant may not use interrogatories to compel his adversary to investigate the case for him). 7. On May 18, 2014 please give the name, address and telephone number of the persons who were in the booth at the entrance of Markham Park. Answer: Objection. The Plaintiff has exceeded the number of interrogatories, including subparts, permitted under rule 1.340(a) of the Florida Rules of Civil Procedure. Fla. R. Civ. P. 1.340(a); see also Slatnick v. Leadership Hous. Sys. of Fla., Inc., 368 So. 2d 78 (Fla. 4th DCA 1979) (stating that filed written objections to interrogatories are an acceptable substitute to a motion for protective order); Cabrera y., Evans, 322 So. 2d 559, 560 (Fla. 3d DCA 1975) (stating that a litigant may not use interrogatories to compel his adversary to investigate the case for him). a. Please give his name, address and telephone number of the employer on May 18, 2014.Answer: CASE NO. 15-022067 (21) Objection. The Plaintiff has exceeded the number of interrogatories, including subparts, permitted under rule 1.340(a) of the Florida Rules of Civil Procedure. Fla. R. Civ. P. 1.340(a); see also Slatnick v. Leadership Hous. Sys. of Fla., Inc., 368 So. 2d 78 (Fla. 4th DCA 1979) (stating that filed written objections to interrogatories are an acceptable substitute to a motion for protective order); Cabrera v. Evans, 322 So. 2d 559, 560 (Fla. 3d DCA 1975) (stating that a litigant may not use interrogatories to compel his adversary to investigate the case for him). b. Please indicate the hours they were in the booth. Answer: Objection. The Plaintiff has exceeded the number of interrogatories, including subparts, permitted under rule 1.340(a) of the Florida Rules of Civil Procedure. Fla. R. Civ. P. 1.340(a); see also Slatnick v. Leadership Hous. Sys. of Fla., Inc., 368 So. 2d 78 (Fla. 4th DCA 1979) (stating that filed written objections to interrogatories are an acceptable substitute to a motion for protective order); Cabrera v. Evans, 322 So. 2d 559, 560 (Fla. 3d DCA 1975) (stating that a litigant may not use interrogatories to compel his adversary to investigate the case for him). 8. On May 18, 2014 between the hours of 7:00 and 12:00 noon, were there any maintenance workers or other workers working at or near the mountain bike trails at Markham Park? Answer: Objection. The Plaintiff has exceeded the number of interrogatories, including subparts, permitted under rule 1.340(a) of the Florida Rules of Civil Procedure. Fla. R. Civ. P. 1.340(a); see also Slatnick v. Leadership Hous. Sys. of Fla., Inc., 368 So. 2d 78 (Fla. 4th DCA 1979) (stating that filed written objections to interrogatories are an acceptable substitute to a motion for protective order); Cabrera v. Evans, 322 So. 2d 559, 560 (Fla. 3d DCA 1975) (stating that a litigant may not use interrogatories to compel his adversary to investigate the case for him). a. If the answer is yes, please give the name, address and telephone number of these persons and the name, address, and telephone number of the employer on May 18, 2014, Answer: Objection. The Plaintiff has exceeded the number of interrogatories, including subparts, permitted under rule 1.340(a) of the Florida Rules of Civil Procedure. Fla. R. Civ. P. 1.340(a); see also Slatnick v. Leadership Hous. Sys. of Fla., Inc., 368 So. 2d 78 (Fla. 4th DCA 1979) (stating that filed written objections to interrogatories are an acceptable substitute to a motion for protective order); Cabrera v. Evans, 322 So. 2d 559, 560 (Fla. 3d DCA 1975) (stating that a litigantCASE NO. 15-022067 (21) may not use interrogatories to compel his adversary to investigate the case for him). b. Please describe specifically what work they were doing. Answer: Objection. The Plaintiff has exceeded the number of interrogatories, including subparts, permitted under rule 1.340(a) of the Florida Rules of Civil Procedure. Fla. R. Civ. P. 1.340(a); see also Slatnick v. Leadership Hous. Sys. of Fla., Inc., 368 So. 2d 78 (Fla. 4th DCA 1979) (stating that filed written objections to interrogatories are an acceptable substitute to a motion for protective order); Cabrera v. Evans, 322 So. 2d 559, 560 (Fla. 3d DCA 1975) (stating that a litigant may not use interrogatories to compel his adversary to investigate the case for him). c. If there are any records, documents, photographs, DVDs, pictorial representations of an of the work being done by them on that day, please give a description of what exists and the name, address, and telephone number of the person making such record, photographs, DVD, or pictorial representation and the name, address and telephone number of the person or entity who has custody of them. Answer: Objection. The Plaintiff has exceeded the number of interrogatories, including subparts, permitted under rule 1.340(a) of the Florida Rules of Civil Procedure. Fla. R. Civ. P. 1.340(a); see also Slatnick v. Leadership Hous. Sys. of Fla., Inc., 368 So. 2d 78 (Fla. 4th DCA 1979) (stating that filed written objections to interrogatories are an acceptable substitute to a motion for protective order); Cabrera y. Evans, 322 So. 2d 559, 560 (Fla. 3d DCA 1975) (stating that a litigant may not use interrogatories to compel his adversary to investigate the case for him). 9. Please give the name, address and telephone number of all persons from whom you have taken statements from concerning how Barry Rowars was injured on May 18, 2014. Answer: Objection. The Plaintiff has exceeded the number of interrogatories, including subparts, permitted under rule 1.340(a) of the Florida Rules of Civil Procedure. Fla. R. Civ. P. 1.340(a); see also Slatnick v. Leadership Hous. Sys. of Fla., Inc., 368 So. 24 78 (Fla. 4th DCA 1979) (stating that filed written objections to interrogatories are an acceptable substitute to a motion for protective order); Cabrera v. Evans, 322 So. 2d 559, 560 (Fla. 3d DCA 1975) (stating that a litigant may not use interrogatories to compel his adversary to investigate the case for him).CASE NO. 15-022067 (21) a. Please give the date of the statement, name, address and telephone number of their employer on that date; and name, address and telephone number of the person or entity who has custody of the statement. Answer: Objection. The Plaintiff has exceeded the number of interrogatories, including subparts, permitted under rule 1.340(a) of the Florida Rules of Civil Procedure. Fla. R. Civ. P. 1.340(a); see also Slatnick v. Leadership Hous. Sys. of Fla., Inc., 368 So. 2d 78 (Fla. 4th DCA 1979) (stating that filed written objections to interrogatories are an acceptable substitute to a motion for protective order); Cabrera v. Evans, 322 So. 2d 559, 560 (Fla. 3d DCA 1975) (stating that a litigant may not use interrogatories to compel his adversary to investigate the case for him). 10. When was the last maintenance or inspection done of the intermediate trail and the expert trail prior to the time Barry Rowars alleges he fell on the expert trail? Please give the name, address and telephone number of the person who did so and the name, address and telephone number of the employer at the time it was done. Please give a description of what the inspection revealed or the maintenance that was done or both. Answer: Objection. The Plaintiff has exceeded the number of interrogatories, including subparts, permitted under rule 1.340(a) of the Florida Rules of Civil Procedure. Fla. R. Civ. P. 1.340(a); see also Slatnick v. Leadership Hous. Sys. of Fla., Inc., 368 So. 2d 78 (Fla. 4th DCA 1979) (stating that filed written objections to interrogatories are an acceptable substitute to a motion for protective order); Cabrera v. Evans, 322 So. 2d 559, 560 (Fla. 3d DCA 1975) (stating that a litigant may not use interrogatories to compel his adversary to investigate the case for him). 1 - On or prior to May 18, 2014, please give the name, address and telephone number of any persons who are not agents or employees of Broward County acting within the course and scope of employment or agency who did any maintenance or inspection of the Armadillo trail particularly included, but not limited, to the area where the intermediate cut off was located on May 18, 2013 through May 18, 2014. For each person please indicate specifically what they did and if such person made any printed record or photographic record of the work they did and please describe what this person did and please give the name, address and telephone number of the person in custody of those records or documents. Answer: Objection. The Plaintiff has exceeded the number of interrogatories, including subparts, permitted under rule 1.340(a) of the Florida Rules of Civil Procedure. Fla. R. Civ. P. 1.340(a); see also Slatnick v. Leadership Hous. Sys. of Fla., Inc., 368 So. 2d 78 (Fla. 4th DCA 1979) (stating that filed written objections to interrogatories are an acceptable substitute to a motion for protective order); Cabrera v.CASE NO. 15-022067 (21) Evans, 322 So. 2d 559, 560 (Fla. 3d DCA 1975) (stating that a litigant may not use interrogatories to compel his adversary to investigate the case for him). 12. For all volunteers listed for in the answer to Interrogatory 15 served on June 24, 2016, please give: a. Their last known address and telephone number. Answer: Objection. The Plaintiff has exceeded the number of interrogatories, including subparts, permitted under rule 1.340(a) of the Florida Rules of Civil Procedure. Fla. R. Civ. P. 1.340(a); see also Slatnick v. Leadership Hous. Sys. of Fla., Inc., 368 So. 2d 78 (Fla. 4th DCA 1979) (stating that filed written objections to interrogatories are an acceptable substitute to a motion for protective order); Cabrera v. Evans, 322 So. 2d 559, 560 (Fla. 3d DCA 1975) (stating that a litigant may not use interrogatories to compel his adversary to investigate the case for him). b. Ifthey were paid any compensation for what they did, If so, how much they were paid, the dates of payments, and the name, address and telephone number of the person who made the payments. Answer: Objection. The Plaintiff has exceeded the number of interrogatories, including subparts, permitted under rule 1.340(a) of the Florida Rules of Civil Procedure. Fla. R. Civ. P. 1.340(a); see also Slatnick v. Leadership Hous. Sys. of Fla., Inc., 368 So. 2d 78 (Fla. 4th DCA 1979) (stating that filed written objections to interrogatories are an acceptable substitute to a motion for protective order); Cabrera v. Evans, 322 So. 2d 559, 560 (Fla. 3d DCA 1975) (stating that a litigant may not use interrogatories to compel his adversary to investigate the case for him). c. For the persons listed are there any records, emails, documents of an kind, photographs, cell phone photos, pictorial representations of what they did while they were "present on the trails during the month of May 2014". If the answer is yes please describe what exists and the name, address and telephone number of who has custody of these documents or pictorial representation of the work done. Answer: Objection. The Plaintiff has exceeded the number of interrogatories, including subparts, permitted under rule 1.340(a) of the Florida Rules of Civil Procedure. Fla. R. Civ. P. 1.340(a); see also Slatnick v. Leadership Hous. Sys. of Fla., Inc., 368 So. 2d 78 (Fla. 4th DCA 1979) (stating that filed written objections to interrogatories are an acceptable substitute to a motion for protective order); Cabrera v. Evans, 322 So. 2d 559, 560 (Fla. 3d DCA 1975) (stating that a litigantCASE NO. 15-022067 (21) may not use interrogatories to compel his adversary to investigate the case for him). 13. On May 18, 2014 was there a fee for using the mountain bike trails that you contend Barry Rowars was supposed to pay in addition to admissions to Markham Park? If the answer is yes please give the amount of the fee, where that fee was supposed to be paid and whether there was any signage in Markham Park on May 18, 2014 that indicated that a separate fee had to be paid. Answer: Objection. The Plaintiff has exceeded the number of interrogatories, including subparts, permitted under rule 1.340(a) of the Florida Rules of Civil Procedure. Fla. R. Civ. P. 1.340(a); see also Slatnick v. Leadership Hous. Sys. of Fla., Inc., 368 So. 24 78 (Fla. 4th DCA 1979) (stating that filed written objections to interrogatories are an acceptable substitute to a motion for protective order); Cabrera v. Evans, 322 So. 2d 559, 560 (Fla. 3d DCA 1975) (stating that a litigant may not use interrogatories to compel his adversary to investigate the case for him). 10CASE NO. 15-022067 (21) STATE OF FLORIDA ) ) COUNTY OF BROWARD) BEFORE ME, the undersigned authority, personally appeared > Who, being by me first duly sworn on oath, deposes and says that he/she has read the attached Answers to Broward County's First Sei of Interrogatorjes and that > co 7 they are true and correct. AFFIANT The foregoing instrument was acknowledged before me this J whe : of, . 2018, by J , who is personally known to me or who has produced _y “ary eae as identification. 7 NOTARY PUBLI PAUL A, DAVIDSON Signature: Notary Pubhe State of Florida. Commission € GG 148207 ‘Comm, Expites Feb 20, 2022 7 \ Jed through National Notary Assn, Print Name:,: (Seal) Sal My Commission Expires: