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Filing # 119222190 E-Filed 01/07/2021 12:24:20 PM
IN THE CIRCUIT COURT OF THE EIGHTH JUDICIAL CIRCUIT
IN AND FOR ALACHUA COUNTY, STATE OF FLORIDA
CIVIL DIVISION
CASE NO.: 01-2021-CA-0039
DYLAN T. CONE,
Plaintiff,
EVAN R. HORNBUCKLE and
ANNESSA S. FREDERICK,
Defendants.
/
PLAINTIFF’S INTERROGATORIES TO
DEFENDANT EVAN R. HORNBUCKLE
Plaintiff, DYLAN T. CONE, through his undersigned counsel, and pursuant to Florida
Rule of Civil Procedure 1.340, propounds the following interrogatories to defendant EVAN R.
HORNBUCKLE to be answered fully, in writing, and under oath, with answers to be served on
plaintiff's counsel within 45 days of receipt of these interrogatories.
Page 1 of 9
"2021 CA 000039" 119222190 Filed at Alachua County Clerk 01/07/2021 12:24:27 PM ESTINTERROGATORIES
When an interrogatory asks for someone’s identity, or your response to an interrogatory
identifies someone or some company or other entity, please provide that person’s or entity’s
complete name, occupation, title, employer, business address, personal address, business email
address, personal email address, telephone number, date of birth, place of birth, and social security
number, as appropriate. Providing all discoverable information that is within your possession,
custody or control will help to expedite the discovery process.
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?
ANSWER:
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.
ANSWER:
3. 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 1 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.
ANSWER:
4. Describe any and all policies of insurance which you contend cover or may cover you for
the allegations set forth in plaintiff's 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.
ANSWER:
Page 2 of 9. Describe in detail how the incident described in the complaint happened, including all
actions taken by you to prevent the incident.
ANSWER:
. 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.
ANSWER:
State the facts upon which you rely for each affirmative defense in your answer.
ANSWER:
. 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.
ANSWER:
. Were you charged with any violation of law (including any regulations or ordinances)
arising out of the incident described in the complaint? If so, what was the nature of the
charge; what plea or answer, if any, did you enter to the charge; what court or agency
heard the charge; was any written report prepared by anyone regarding the charge, and, if
so, what is the name and address of the person or entity who prepared the report; do you
have a copy of the report; and was the testimony at any trial, hearing, or other proceeding
on the charge recorded in any manner, and, if so, what is the name and address of the
person who recorded the testimony?
ANSWER:
Page 3 of 910. 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.
ANSWER:
11. Have you heard or do you know about any statement or remark made by or on behalf of
any party to this lawsuit, other than yourself, concerning any issue in this lawsuit? If so,
state the name and address of each person who made the statement or statements, the
name and address of each person who heard it, and the date, time, place, and substance of
each statement.
ANSWER:
12. 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.
ANSWER:
13. 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.
ANSWER:
Page 4 of 914.
1S.
16.
17.
18.
Have you made an agreement with anyone that would limit that party’s liability to anyone
or any of the damages sued upon in this case? If so, state the terms of the agreement and
the parties to it.
ANSWER:
Please state if you have ever been a party, either plaintiff or defendant, in a lawsuit other
than the present matter, and, if so, state whether you were plaintiff or defendant, the
nature of the action, and the date and court in which such suit was filed.
ANSWER:
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?
ANSWER:
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?
ANSWER:
. 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.
ANSWER:
Page 5 of 919.
20.
21.
22.
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.
ANSWER:
List the name and address of all persons, corporations, or entities who were registered
title owners or who had ownership interest in, or right to control, the motor vehicle that
the defendant driver was driving at the time of the incident described in the complaint;
and describe both the nature of the ownership interest or right to control the vehicle, and
the vehicle itself, including the make, model, year, and vehicle identification number.
ANSWER:
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.
ANSWER:
At the time of the incident described in the complaint, was the defendant driver engaged
in any mission or activity for any other person or entity, including any employer? If so,
state the name and address of that person or entity and the nature of the mission or
activity.
ANSWER:
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?
ANSWER:
Page 6 of 924.
25.
Were there any electronic devices in your vehicle at the time of the incident described in
the complaint? If so, how many electronic devices were in your vehicle, who owned each
electronic device, what was the service provider for each electronic device, what is the
name and address of the primary account holder for the service for each electronic device,
and what is the number or numbers associated with each electronic device?
ANSWER:
Have you or anyone acting on your behalf conducted any surveillance of Mr. Cone since
the date of the incident described in his complaint? If so, what was the nature of the
surveillance, when was the surveillance done, how many times has surveillance been done,
who was surveilled, and what is the name, address, and telephone number of the person
who conducted said surveillance?
ANSWER:
Page 7 of 9Thereby swear and/or affirm that the foregoing interrogatory answers are (1) based upon my personal
knowledge after a reasonably diligent inquiry, (2) true and (3) correct.
Evan R. Hornbuckle
STATE OF FLORIDA
COUNTY OF
BEFORE ME, the undersigned official Notary, personally appeared who, after
being first duly sworn, deposes and testifies that they conducted a diligent inquiry of any information and
documents within their possession, custody or control and that the foregoing interrogatory answers are
true and correct.
SWORN AND SUBSCRIBED before me this day of
Personally known o
OR
Produced Identification o Notary Public,
State of Florida
My Commission Expires:
Type of Identification Produced:
Page 8 of 9CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a copy of the foregoing was served on defendant driver at
the time of service of process in this case.
ALLEN LAW FIRM, P.A.
/s/ David Carlson
William T. Allen, Jr., Esq.
Florida Bar No. 950180
Steven M. Brady, Esq.
Florida Bar No.: 749516
David Carlson, Esq.
Florida Bar No.: 124058
2550 S.W. 76th Street, Suite 150
Gainesville, Florida 32608
Phone: (352) 331-6789
Fax: (352) 331-6785
Primary email: litigation@allenlaw.com
Secondary email: melissa@allenlaw.com
david@allenlaw.com
Attorneys for Plaintiff
Page 9 of 9
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Filing # 119222190 E-Filed 01/07/2021 12:24:20 PM IN THE CIRCUIT COURT OF THE EIGHTH JUDICIAL CIRCUIT IN AND FOR ALACHUA COUNTY, STATE OF FLORIDA CIVIL DIVISION CASE NO.: 01-2021-CA-0039 DYLAN T. CONE, Plaintiff, EVAN R. HORNBUCKLE and ANNESSA S. FREDERICK, Defendants. / PLAINTIFF’S INTERROGATORIES TO DEFENDANT EVAN R. HORNBUCKLE Plaintiff, DYLAN T. CONE, through his undersigned counsel, and pursuant to Florida Rule of Civil Procedure 1.340, propounds the following interrogatories to defendant EVAN R. HORNBUCKLE to be answered fully, in writing, and under oath, with answers to be served on plaintiff's counsel within 45 days of receipt of these interrogatories. Page 1 of 9 "2021 CA 000039" 119222190 Filed at Alachua County Clerk 01/07/2021 12:24:27 PM ESTINTERROGATORIES When an interrogatory asks for someone’s identity, or your response to an interrogatory identifies someone or some company or other entity, please provide that person’s or entity’s complete name, occupation, title, employer, business address, personal address, business email address, personal email address, telephone number, date of birth, place of birth, and social security number, as appropriate. Providing all discoverable information that is within your possession, custody or control will help to expedite the discovery process. 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? ANSWER: 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. ANSWER: 3. 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 1 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. ANSWER: 4. Describe any and all policies of insurance which you contend cover or may cover you for the allegations set forth in plaintiff's 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. ANSWER: Page 2 of 9. Describe in detail how the incident described in the complaint happened, including all actions taken by you to prevent the incident. ANSWER: . 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. ANSWER: State the facts upon which you rely for each affirmative defense in your answer. ANSWER: . 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. ANSWER: . Were you charged with any violation of law (including any regulations or ordinances) arising out of the incident described in the complaint? If so, what was the nature of the charge; what plea or answer, if any, did you enter to the charge; what court or agency heard the charge; was any written report prepared by anyone regarding the charge, and, if so, what is the name and address of the person or entity who prepared the report; do you have a copy of the report; and was the testimony at any trial, hearing, or other proceeding on the charge recorded in any manner, and, if so, what is the name and address of the person who recorded the testimony? ANSWER: Page 3 of 910. 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. ANSWER: 11. Have you heard or do you know about any statement or remark made by or on behalf of any party to this lawsuit, other than yourself, concerning any issue in this lawsuit? If so, state the name and address of each person who made the statement or statements, the name and address of each person who heard it, and the date, time, place, and substance of each statement. ANSWER: 12. 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. ANSWER: 13. 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. ANSWER: Page 4 of 914. 1S. 16. 17. 18. Have you made an agreement with anyone that would limit that party’s liability to anyone or any of the damages sued upon in this case? If so, state the terms of the agreement and the parties to it. ANSWER: Please state if you have ever been a party, either plaintiff or defendant, in a lawsuit other than the present matter, and, if so, state whether you were plaintiff or defendant, the nature of the action, and the date and court in which such suit was filed. ANSWER: 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? ANSWER: 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? ANSWER: . 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. ANSWER: Page 5 of 919. 20. 21. 22. 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. ANSWER: List the name and address of all persons, corporations, or entities who were registered title owners or who had ownership interest in, or right to control, the motor vehicle that the defendant driver was driving at the time of the incident described in the complaint; and describe both the nature of the ownership interest or right to control the vehicle, and the vehicle itself, including the make, model, year, and vehicle identification number. ANSWER: 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. ANSWER: At the time of the incident described in the complaint, was the defendant driver engaged in any mission or activity for any other person or entity, including any employer? If so, state the name and address of that person or entity and the nature of the mission or activity. ANSWER: 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? ANSWER: Page 6 of 924. 25. Were there any electronic devices in your vehicle at the time of the incident described in the complaint? If so, how many electronic devices were in your vehicle, who owned each electronic device, what was the service provider for each electronic device, what is the name and address of the primary account holder for the service for each electronic device, and what is the number or numbers associated with each electronic device? ANSWER: Have you or anyone acting on your behalf conducted any surveillance of Mr. Cone since the date of the incident described in his complaint? If so, what was the nature of the surveillance, when was the surveillance done, how many times has surveillance been done, who was surveilled, and what is the name, address, and telephone number of the person who conducted said surveillance? ANSWER: Page 7 of 9Thereby swear and/or affirm that the foregoing interrogatory answers are (1) based upon my personal knowledge after a reasonably diligent inquiry, (2) true and (3) correct. Evan R. Hornbuckle STATE OF FLORIDA COUNTY OF BEFORE ME, the undersigned official Notary, personally appeared who, after being first duly sworn, deposes and testifies that they conducted a diligent inquiry of any information and documents within their possession, custody or control and that the foregoing interrogatory answers are true and correct. SWORN AND SUBSCRIBED before me this day of Personally known o OR Produced Identification o Notary Public, State of Florida My Commission Expires: Type of Identification Produced: Page 8 of 9CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of the foregoing was served on defendant driver at the time of service of process in this case. ALLEN LAW FIRM, P.A. /s/ David Carlson William T. Allen, Jr., Esq. Florida Bar No. 950180 Steven M. Brady, Esq. Florida Bar No.: 749516 David Carlson, Esq. Florida Bar No.: 124058 2550 S.W. 76th Street, Suite 150 Gainesville, Florida 32608 Phone: (352) 331-6789 Fax: (352) 331-6785 Primary email: litigation@allenlaw.com Secondary email: melissa@allenlaw.com david@allenlaw.com Attorneys for Plaintiff Page 9 of 9