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Filing # 130779905 E-Filed 07/16/2021 09:10:25 AM
IN THE CIRCUIT COURT OF THE FIFTH
JUDICIAL CIRCUIT IN AND FOR CITRUS
COUNTY, FLORIDA
NORMAN L, CARTWRIGHT, tl CASENO.: 2021 CA 000537 A
and COLLEEN CARTWRIGHT,
Husband and Wife,
Plaintiffs,
vs.
R.T. BROWN, INC., a Florida Profit
Corporation, d/b/a BROWN FUNERAL
HOME AND CREMATORY
And
CITRUS MEMORIAL HOSPITAL, INC.,
a Florida Profit Corporation,
Defendants.
/
NOTICE OF SERVICE OF PLAINTIFFS’ FIRST SET OF INTERROGATORIES TO
DEFENDANT, R. T. BROWN, INC., D/B/A BROWN FUNERAL HOME AND CREMATORY.
Plaintiffs give Notice of Service of Plaintiffs’ First Set of Interrogatories numbered 1 through 21
directed to the Defendant, R. T. BROWN, INC., d/b/a BROWN FUNERAL HOME AND CREMATORY, to be
answered in writing on or before forty-five (45) days from the date of service of the Complaint herein at the
Law Offices of Brent C. Miller, P.A., 205 East Burleigh Boulevard, Tavares, Florida 32778.
CERTIFICATE OF SERVICE
| HEREBY CERTIFY that a true and correct copy of the foregoing has been provided for service on
the above-named Defendant with a copy of the Complaint.
THOMAS D-AIPPELHEUSER, ESQUIRE
Flore Baf No.: 0784559
torf¥@bcmillerlaw.com
LAW OFFICES OF BRENT C. MILLER, P.A.
205 East Burleigh Boulevard
Tavares, FL 32778
(352) 343-7400
Fax: (352) 343-9152
litigation@bemilierlaw.com
melisa@bcmillerlaw.com
Attorney for PlaintiffsPLAINTIFFS’ FIRST SET OF INTERROGATORIES TO
DEFENDANT, R. T. BROWN, INC., D/B/A BROWN FUNERAL HOME AND CREMATORY.
Please state with specificity the name, title, address and telephone number of the person answering
these interrogatories.
ANSWER:
Please state with specificity the name and address of the person who was responsible for
maintaining the gurney, described in the Complaint, in a safe condition.
ANSWER:
Please state whether any of your employees have made any statement or statements in any form to
any person regarding any of the events or happenings referred to in the Complaint. if so, please
state the name and address of the person or persons to whom such statement was made, the date
such statement was made, the form of the statement, whether written, oral, by recording device, or to
a stenographer, whether such statement, if written, was signed and the names and addresses of the
persons presently having custody of such statement.
ANSWER:Please state the full name and last known address, giving the street, street number, city and state, of
every witness known to you or your attorneys who claim to have seen or heard either Plaintiff or their
agents make any statement or statements pertaining to any of the events or happenings alleged in
the Complaint.
ANSWER:
Give a concise statement of the facts as to how you contend NORMAN L. CARTWRIGHT, Ill's
accident took place.
ANSWER:
if you contend that NORMAN L. CARTWRIGHT, ill, acted in such a manner as to cause or
contribute to the incident described in the Complaint, give a concise statement of the facts upon
which you rely.
ANSWER:Please state the names, addresses, and titles of all persons who have knowledge or any relevant
facts relating to the subject incident.
ANSWER:
If a report was made by an employee of yours in the ordinary course of business with respect to
Plaintiffs accident, state the name(s) and address(es) of the person(s) who made the report(s), the
date(s) thereof and who has custody of such report(s).
ANSWER:
Please identify the manufacturer, model, year of manufacture, and serial number of the gurney
described in the Complaint.
ANSWER:10. Please state whether any changes have been made to the gurney subsequent to the incident
described in the Complaint, and if so, what those changes were, when they were made, and who
made the changes.
ANSWER:
44. State the frequency and dates of inspections of the gurney prior to the incident described in the
Complaint. State the name, address and job title of the person who performed the last inspection
prior to the incident, and whether a report of the inspection was created.
ANSWER:
412, Indicate when the gurney had last been serviced or repaired prior to the incident described in the
Complaint, who performed the service or repair, and whether a report of the service or repair.
ANSWER:
13. Did any mechanical defect in the gurney contribute to the incident described in the Complaint? If
so, describe the nature of the defect and how it contributed to the incident.
ANSWER:44, Indicate whether you or any other party received any complaints about the gurney prior to the
incident described in the Complaint, and if so, give names, dates, and nature of complaints.
ANSWER:
15. Indicate whether you, or any of your employees were aware of any manufacturer recails,
maintenance directives, safety notices, or use warnings for the gurney issued prior the incident
described in the Complaint.
ANSWER:
16. What were the manufacturer's recommendation for the maximum weight of objects, including
deceased human bodies, transported on the gurney.
ANSWER:
47, Name the eyewitnesses to all or part of the incident described in the Complaint, and the name of all
persons who were at or near the scene when the incident occurred.
ANSWER:18.
19,
20.
Name all persons who investigated the cause and circumstances of the incident described in the
Complaint for you or your insurance carrier and name all persons who investigated NORMAN L.
CARTWRIGHT, lil’s alleged injuries and damages for you or your insurance carrier.
ANSWER:
State whether you have within your possession or control photographs, plats or diagrams of the
gurney described in the Complaint, and describe any and all such items.
ANSWER:
State the name, addresses, and social security number for all employees or former employees of
Defendant who Plaintiffs have alleged or who Defendant believes may have knowledge pertaining to
of the incident described in the Complaint, and for each such employee or former employee, advise if
you have obtained any statement from such employee or former employee.
ANSWER:21. Have you obtained any statement from anyone concerning any of the allegations raised in the
subject Complaint? If so, please state whether such statement was in writing or a verbal statement,
the date such statement was made, the name of the person making the statement, the name of the
person to whom the statement was made, who has custody of such statement, and a brief summary
of the statement provided.
ANSWER:
R. T. BROWN, INC., D/B/A BROWN FUNERAL
HOME AND CREMATORY
By:
Title:
STATE OF FLORIDA )
)ss
COUNTY OF )
BEFORE ME, the undersigned authority, personally appeared, as the
of R. T. BROWN, INC., d/b/a BROWN FUNERAL HOME AND CREMATORY,
who, is personally known to me or produced __ as identification, and who took an oath
and stated that the foregoing answers to interrogatories are true and correct to the best of his/her knowledge.
SWORN TO AND SUBSCRIBED before me in the State and County aforesaid, this
day of , 20. .
NOTARY PUBLIC
My Commission Expires:
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Filing # 130779905 E-Filed 07/16/2021 09:10:25 AM IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT IN AND FOR CITRUS COUNTY, FLORIDA NORMAN L, CARTWRIGHT, tl CASENO.: 2021 CA 000537 A and COLLEEN CARTWRIGHT, Husband and Wife, Plaintiffs, vs. R.T. BROWN, INC., a Florida Profit Corporation, d/b/a BROWN FUNERAL HOME AND CREMATORY And CITRUS MEMORIAL HOSPITAL, INC., a Florida Profit Corporation, Defendants. / NOTICE OF SERVICE OF PLAINTIFFS’ FIRST SET OF INTERROGATORIES TO DEFENDANT, R. T. BROWN, INC., D/B/A BROWN FUNERAL HOME AND CREMATORY. Plaintiffs give Notice of Service of Plaintiffs’ First Set of Interrogatories numbered 1 through 21 directed to the Defendant, R. T. BROWN, INC., d/b/a BROWN FUNERAL HOME AND CREMATORY, to be answered in writing on or before forty-five (45) days from the date of service of the Complaint herein at the Law Offices of Brent C. Miller, P.A., 205 East Burleigh Boulevard, Tavares, Florida 32778. CERTIFICATE OF SERVICE | HEREBY CERTIFY that a true and correct copy of the foregoing has been provided for service on the above-named Defendant with a copy of the Complaint. THOMAS D-AIPPELHEUSER, ESQUIRE Flore Baf No.: 0784559 torf¥@bcmillerlaw.com LAW OFFICES OF BRENT C. MILLER, P.A. 205 East Burleigh Boulevard Tavares, FL 32778 (352) 343-7400 Fax: (352) 343-9152 litigation@bemilierlaw.com melisa@bcmillerlaw.com Attorney for PlaintiffsPLAINTIFFS’ FIRST SET OF INTERROGATORIES TO DEFENDANT, R. T. BROWN, INC., D/B/A BROWN FUNERAL HOME AND CREMATORY. Please state with specificity the name, title, address and telephone number of the person answering these interrogatories. ANSWER: Please state with specificity the name and address of the person who was responsible for maintaining the gurney, described in the Complaint, in a safe condition. ANSWER: Please state whether any of your employees have made any statement or statements in any form to any person regarding any of the events or happenings referred to in the Complaint. if so, please state the name and address of the person or persons to whom such statement was made, the date such statement was made, the form of the statement, whether written, oral, by recording device, or to a stenographer, whether such statement, if written, was signed and the names and addresses of the persons presently having custody of such statement. ANSWER:Please state the full name and last known address, giving the street, street number, city and state, of every witness known to you or your attorneys who claim to have seen or heard either Plaintiff or their agents make any statement or statements pertaining to any of the events or happenings alleged in the Complaint. ANSWER: Give a concise statement of the facts as to how you contend NORMAN L. CARTWRIGHT, Ill's accident took place. ANSWER: if you contend that NORMAN L. CARTWRIGHT, ill, acted in such a manner as to cause or contribute to the incident described in the Complaint, give a concise statement of the facts upon which you rely. ANSWER:Please state the names, addresses, and titles of all persons who have knowledge or any relevant facts relating to the subject incident. ANSWER: If a report was made by an employee of yours in the ordinary course of business with respect to Plaintiffs accident, state the name(s) and address(es) of the person(s) who made the report(s), the date(s) thereof and who has custody of such report(s). ANSWER: Please identify the manufacturer, model, year of manufacture, and serial number of the gurney described in the Complaint. ANSWER:10. Please state whether any changes have been made to the gurney subsequent to the incident described in the Complaint, and if so, what those changes were, when they were made, and who made the changes. ANSWER: 44. State the frequency and dates of inspections of the gurney prior to the incident described in the Complaint. State the name, address and job title of the person who performed the last inspection prior to the incident, and whether a report of the inspection was created. ANSWER: 412, Indicate when the gurney had last been serviced or repaired prior to the incident described in the Complaint, who performed the service or repair, and whether a report of the service or repair. ANSWER: 13. Did any mechanical defect in the gurney contribute to the incident described in the Complaint? If so, describe the nature of the defect and how it contributed to the incident. ANSWER:44, Indicate whether you or any other party received any complaints about the gurney prior to the incident described in the Complaint, and if so, give names, dates, and nature of complaints. ANSWER: 15. Indicate whether you, or any of your employees were aware of any manufacturer recails, maintenance directives, safety notices, or use warnings for the gurney issued prior the incident described in the Complaint. ANSWER: 16. What were the manufacturer's recommendation for the maximum weight of objects, including deceased human bodies, transported on the gurney. ANSWER: 47, Name the eyewitnesses to all or part of the incident described in the Complaint, and the name of all persons who were at or near the scene when the incident occurred. ANSWER:18. 19, 20. Name all persons who investigated the cause and circumstances of the incident described in the Complaint for you or your insurance carrier and name all persons who investigated NORMAN L. CARTWRIGHT, lil’s alleged injuries and damages for you or your insurance carrier. ANSWER: State whether you have within your possession or control photographs, plats or diagrams of the gurney described in the Complaint, and describe any and all such items. ANSWER: State the name, addresses, and social security number for all employees or former employees of Defendant who Plaintiffs have alleged or who Defendant believes may have knowledge pertaining to of the incident described in the Complaint, and for each such employee or former employee, advise if you have obtained any statement from such employee or former employee. ANSWER:21. Have you obtained any statement from anyone concerning any of the allegations raised in the subject Complaint? If so, please state whether such statement was in writing or a verbal statement, the date such statement was made, the name of the person making the statement, the name of the person to whom the statement was made, who has custody of such statement, and a brief summary of the statement provided. ANSWER: R. T. BROWN, INC., D/B/A BROWN FUNERAL HOME AND CREMATORY By: Title: STATE OF FLORIDA ) )ss COUNTY OF ) BEFORE ME, the undersigned authority, personally appeared, as the of R. T. BROWN, INC., d/b/a BROWN FUNERAL HOME AND CREMATORY, who, is personally known to me or produced __ as identification, and who took an oath and stated that the foregoing answers to interrogatories are true and correct to the best of his/her knowledge. SWORN TO AND SUBSCRIBED before me in the State and County aforesaid, this day of , 20. . NOTARY PUBLIC My Commission Expires: