Preview
Filing# 136493699 E-Filed 10/13/2021 03:37:46 PM
0579601757.1
Total Pages: 1
IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT
IN AND FOR BROWARD COUNTY, FLORIDA
CIVIL DIVISION
DAVID SCHWITZKE,
CASE NO.
CACE-21-016658 Division: 12
PLAINTIFF,
VS.
TIFFANY M. GRAVES,
DEFENDANTS,
DEFENDANT(S) NOTICE OF SERVICE OF INTERROGATORIES TO PLAINTIFF
Plaintiff,
DAVID W. SCHWITZKE, is hereby requestedand requiredto answer, under
oath, in writing,and within the time allowed by the Florida Rules of Civil Procedure, the
attached twenty-eight(28) Interrogatories
propounded by the Defendant(s),TIFFANY M.
GRAVES. The Plaintiff is further requestedto serve said answers in accordance with Florida
Rule of Civil Procedure 1.340.
I HEREBY CERTIFY that on the
13th
day of
October
,2021,
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 10/13/2021 03:37:46 PM.****
CASE NO. CACE-21-016658 Division: 12
pursuant to Administrative Order No. AOSC13-49, a copy of the foregoingDefendant(s)Notice
of Service of Interrogatories
to Plaintiff,
DAVID W. SCHWITZKE, has been electronically
filed
and served using the Florida Courts E-FilingPortal;AND a copy of the foregoingNotice of
Service togetherwith the Interrogatories
has been furnished by E-mail to:
Robert Distefano,Esquire
FBN: 437761
DISTEFANO LAW, LLC
7471 W. Oakland Park Blvd.
Suite 106
Ft. Lauderdale, FL 33319
(954) 572-8000
(954) 572-7895
robert@distefanolaw.com
litigation@distefanolaw.com
Attorneysfor Plaintiff
LAW OFFICE OF ROBERT J. SMITH
Mailing Address Only:
4443 Lyons Road, Suite 206
Coconut Creek, FL 33073
Attorney Direct:
(954)205-0241
Fax:
(877) 838-0840
By:
Electronicillfdigned
CHUKA "CHUCK" OBIANAGU
FL Bar No. 1020523
Attorney for Defendant(s)
TIFFANY M. GRAVES
PRINCIPAL E-MAIL ADDRESS:
FTLAUDERDALELEGAL@ALLSTATE.COM
Personal E-mail Address
(NOT for Service of Pleadingsand Documents):
Chuka.Obianagu@allstate.com
2
INTERROGATORIES TO PLAINTIFF
DAVID W. SCHWITZKE
INSTRUCTIONS:
Please insert your answers in the space provided followingeach question.
If additional space is needed, so indicate in the space provided, prepare
your answer on a separate paper and attach.
1.
What is the name and address of the person answering these Interrogatories,
and, if
applicable,the person's official position or relationshipwith the party to whom the
Interrogatories
are directed?
2.
List the names, business addresses, dates of employment, and rates of pay regarding all
employers,includingself-employment,for whom you have worked in the past ten (10)years.
CASE NO. CACE-21-016658 Division: 12
3.
List all former names and when you were known by those names. State all addresses where
you have lived for the past ten (10) years, the dates you lived at each address, your social
securitynumber, your date of birth,and if you are or have ever been married, the name of
your spouse or spouses.
4.
Do you wear glasses,contact lenses or hearingaids?
If yes, who prescribedthem; when were they prescribed;when were your eyes or ears last
examined; and what is the name and address ofthe examiner?
5.
Have you ever been convicted of a crime, other than any juvenileadjudication,which under
the law under which you were convicted was punishableby death or imprisonment in excess
of one (1)year, or that involved dishonestyor a false statement regardlessof the punishment?
If yes, state as to each conviction,the specificcrime, the date and the placeof conviction.
2
CASE NO. CACE-21-016658 Division: 12
6.
Were you sufferingfrom any physicalinfirmity,disability,
or sickness at the time of the
occurrence of the incident described in the Complaint?
If yes, what was the nature of the infirmity,
disability,
or sickness?
7.
Did you consume any alcoholic beverages or take any drugs or medications within twelve
(12)hours before the occurrence of the accident described in the Complaint?
If yes, what type and amount of alcoholic beverages,drugs or medication were consumed
and where did you consume them?
8.
Describe in detail how the incident described in the Complaint happened, includingall
actions taken by you to prevent the incident.
3
CASE NO. CACE-21-016658 Division: 12
9.
Describe in detail each act or omission on the part of any party to this lawsuit that you
contend constituted negligencethat was a contributinglegalcause of the incident in question.
10. Were you charged with any violation of law (includingany regulationsor ordinances)arising
out of the incident described in the Complaint?
If yes, 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
regardingthis charge,and if so, what is the name and address of the person or entitythat
prepared the report; do you have a copy of the report; and was the testimony at any trial,
hearing,or other proceedingon the chargerecorded in any manner, and if so, what was the
name and address of the person who recorded the testimony?
4
CASE NO. CACE-21-016658 Division: 12
11. Describe each injuryfor which you are claiming damages in this case specifyingthe part of
your body that was injured;the nature of the injury;and, as to any injuriesyou contend are
permanent, the effects on you that you claim are permanent.
12. List each item of expense or damage, other than loss of income or earningcapacitythat you
claim to have incurred as a result of the incident described in the Complaint, givingfor each
item the date incurred,the name and business address to whom each was paid or is owed, and
the goods or services for which each was incurred.
5
CASE NO. CACE-21-016658 Division: 12
13. Do you contend that you have lost any income, benefits,or earningcapacityin the past or
future as a result of the incident described in the Complaint?
If yes, state the nature of the income, benefits,or earningcapacity,and the amount and the
method that you used in computing the amount.
14. Has anything been paid or is anything payable from any third party or other entity(including
but not limited to Medicare, Medicare Advantage Plan, Medicaid, PIP insurer,medical
payments, health insurance, workers compensation, etc.)for the damages listed in your
answers to these Interrogatories?
If yes, state the amounts paid or payable, the name and business address of the person or
entitywho paid or owes said amounts, and which of those third partieshave or claim a right
of subrogation. If Medicare or Medicare Advantage Plan has paid for any damages,
please ensure to include your HICN/MIB number.
6
CASE NO. CACE-21-016658 Division: 12
15. List the name and business address of each physicianwho has treated or examined you, and
each medical facility
where you have received any treatment or examination for the injuries
for which you seek damages in this case; and state as to each the date of treatment or
examination and the injuryor condition for which you were examined or treated.
16. List the names and business addresses of all other physicians,medical facilities or other
health care providersby whom or at which you have been examined or treated in the past ten
(10) years; and state as to each the dates of examination or treatment and the condition or
injuryfor which you were examined or treated.
7
CASE NO. CACE-21-016658 Division: 12
17. List the names and addresses of all persons who are believed or known by you, your agents
or attorneys to have any knowledge concerning any of the issues in this lawsuit,and specify
the subjectmatter about which the witness has knowledge.
18. 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 yes, state the name and address of each person who made the statement or remark, the
name and address of each person who heard it,and the date,time, place and substance of
each statement or remark.
8
CASE NO. CACE-21-016658 Division: 12
19. State the name and address of every person known to you, your agents, or attorneys, who has
knowledge about, or possession,custody or control of any model, plat,map, drawing, motion
picture,
video tape, or photograph pertainingto any fact or issue involved in this controversy;
and describe as to each, what such person has, the name and address of the person who took
or preparedit,and the date it was taken or prepared.
20. Do you intend to call any expert witness at the trial of this case?
If yes, state as to each such witness the name and business address of the witness, the
witness's qualifications
as an expert, the subjectmatter upon which the witness is expectedto
testify,
the substance of the facts and opinionsto which the witness is expectedto testify,
and
a summary ofthe grounds for each opinion.
9
CASE NO. CACE-21-016658 Division: 12
21. Have you made an agreement with anyone that would limit that party'sliability
to anyone for
any of the damages sued upon in this case?
Ifyes,state the terms ofthe agreement and the partiesto it.
22. Please state if you have ever been a party, either Plaintiff or Defendant, in a lawsuit other
than the present matter?
If yes, state whether you were the Plaintiff or Defendant, the nature of the action,and the
date and Court in which suit was filed.
23. List the names, addresses, and telephone numbers of all companies, entities,or individuals
where you have appliedfor employment in the past three (3)years.
10
CASE NO. CACE-21-016658 Division: 12
24. With respect to any injuriesor symptoms described in your answer to Interrogatory11,
pleasestate whether you, at any other time, ever had any similar injuryto or similar symptom
of the same or similar area of your body?
If yes, itemize each such injuryor symptom, the part of your body involved, the date and
duration of such injuryor symptom, and the names and addresses of any physicianor
hospitalsthat treated you for such injuryor symptom.
25. State whether or not you have been involved in any accidents or incidents resultingin
personalinjurypriorto or after the incident described in the Complaint?
If yes, state the place of each of said accidents or incidents,the date of each said accident or
incident,any personal injuriesthat you may have received in any such accident or incident,
the name of each and every medical practitioner
treatingyou or examining you for each of
the said injuries.
11
CASE NO. CACE-21-016658 Division: 12
26. State whether or not, in the past five (5)years, you made applicationfor any insurance or
employment requiringa physicalexamination?
If yes, state the name and address of the medical practitioner
who examined you, givingthe
date of the examination, and the name and address of such insurance company and/or
employer.
27. Have you ever received a disability
ratingof any type whatsoever from any individual or
privategovernmental organizationbefore or after the incident described in the Complaint and
not related to the incident described in the Complaint?
If yes, state as to each the name and address of the physicianor organizationgiving such
rating,
the date ofthe rating,the amount of the disability
rating,
and describe the nature ofthe
incident causingthe disability
rating.
12
CASE NO. CACE-21-016658 Division: 12
28. List the names of all individuals who resided at the same address with you on the date of the
incident allegedin the Complaint; and whether any such individuals owned a motor vehicle
at the time of the incident allegedin the Complaint?
If yes, identifythe individual owning the motor vehicle,the type of motor vehicle owned,
and the name and address of the insurer,if any, providinginsurance coverage for the owner
or vehicle identified.
13
CASE NO. CACE-21-016658 Division: 12
STATE OF
:SS
COUNTY OF
DAVID W. SCHWITZKE, who being duly sworn, on oath, deposes and says (or
affirms) that the foregoing Answers to Interrogatories
propounded on the
day
of
,
2021, are true and correct to the best of his/her knowledge, and that he/she
has read the foregoingAnswers to Interrogatories
and knows the contents thereof.
DAVID W. SCHWITZKE
Sworn to (oraffirmed)and subscribed before me by means of m physicalpresence, or
E online notarization,this
dayor
,2021, by
who m is
,
personallyknown to me, or
E produced a
as identification.
,
Notary Public (Signature)
Notary Public (PrintedName)
My Commission Expires.
14
Preview
Filing# 136493699 E-Filed 10/13/2021 03:37:46 PM 0579601757.1 Total Pages: 1 IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CIVIL DIVISION DAVID SCHWITZKE, CASE NO. CACE-21-016658 Division: 12 PLAINTIFF, VS. TIFFANY M. GRAVES, DEFENDANTS, DEFENDANT(S) NOTICE OF SERVICE OF INTERROGATORIES TO PLAINTIFF Plaintiff, DAVID W. SCHWITZKE, is hereby requestedand requiredto answer, under oath, in writing,and within the time allowed by the Florida Rules of Civil Procedure, the attached twenty-eight(28) Interrogatories propounded by the Defendant(s),TIFFANY M. GRAVES. The Plaintiff is further requestedto serve said answers in accordance with Florida Rule of Civil Procedure 1.340. I HEREBY CERTIFY that on the 13th day of October ,2021, *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 10/13/2021 03:37:46 PM.**** CASE NO. CACE-21-016658 Division: 12 pursuant to Administrative Order No. AOSC13-49, a copy of the foregoingDefendant(s)Notice of Service of Interrogatories to Plaintiff, DAVID W. SCHWITZKE, has been electronically filed and served using the Florida Courts E-FilingPortal;AND a copy of the foregoingNotice of Service togetherwith the Interrogatories has been furnished by E-mail to: Robert Distefano,Esquire FBN: 437761 DISTEFANO LAW, LLC 7471 W. Oakland Park Blvd. Suite 106 Ft. Lauderdale, FL 33319 (954) 572-8000 (954) 572-7895 robert@distefanolaw.com litigation@distefanolaw.com Attorneysfor Plaintiff LAW OFFICE OF ROBERT J. SMITH Mailing Address Only: 4443 Lyons Road, Suite 206 Coconut Creek, FL 33073 Attorney Direct: (954)205-0241 Fax: (877) 838-0840 By: Electronicillfdigned CHUKA "CHUCK" OBIANAGU FL Bar No. 1020523 Attorney for Defendant(s) TIFFANY M. GRAVES PRINCIPAL E-MAIL ADDRESS: FTLAUDERDALELEGAL@ALLSTATE.COM Personal E-mail Address (NOT for Service of Pleadingsand Documents): Chuka.Obianagu@allstate.com 2 INTERROGATORIES TO PLAINTIFF DAVID W. SCHWITZKE INSTRUCTIONS: Please insert your answers in the space provided followingeach question. If additional space is needed, so indicate in the space provided, prepare your answer on a separate paper and attach. 1. What is the name and address of the person answering these Interrogatories, and, if applicable,the person's official position or relationshipwith the party to whom the Interrogatories are directed? 2. List the names, business addresses, dates of employment, and rates of pay regarding all employers,includingself-employment,for whom you have worked in the past ten (10)years. CASE NO. CACE-21-016658 Division: 12 3. List all former names and when you were known by those names. State all addresses where you have lived for the past ten (10) years, the dates you lived at each address, your social securitynumber, your date of birth,and if you are or have ever been married, the name of your spouse or spouses. 4. Do you wear glasses,contact lenses or hearingaids? If yes, who prescribedthem; when were they prescribed;when were your eyes or ears last examined; and what is the name and address ofthe examiner? 5. Have you ever been convicted of a crime, other than any juvenileadjudication,which under the law under which you were convicted was punishableby death or imprisonment in excess of one (1)year, or that involved dishonestyor a false statement regardlessof the punishment? If yes, state as to each conviction,the specificcrime, the date and the placeof conviction. 2 CASE NO. CACE-21-016658 Division: 12 6. Were you sufferingfrom any physicalinfirmity,disability, or sickness at the time of the occurrence of the incident described in the Complaint? If yes, what was the nature of the infirmity, disability, or sickness? 7. Did you consume any alcoholic beverages or take any drugs or medications within twelve (12)hours before the occurrence of the accident described in the Complaint? If yes, what type and amount of alcoholic beverages,drugs or medication were consumed and where did you consume them? 8. Describe in detail how the incident described in the Complaint happened, includingall actions taken by you to prevent the incident. 3 CASE NO. CACE-21-016658 Division: 12 9. Describe in detail each act or omission on the part of any party to this lawsuit that you contend constituted negligencethat was a contributinglegalcause of the incident in question. 10. Were you charged with any violation of law (includingany regulationsor ordinances)arising out of the incident described in the Complaint? If yes, 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 regardingthis charge,and if so, what is the name and address of the person or entitythat prepared the report; do you have a copy of the report; and was the testimony at any trial, hearing,or other proceedingon the chargerecorded in any manner, and if so, what was the name and address of the person who recorded the testimony? 4 CASE NO. CACE-21-016658 Division: 12 11. Describe each injuryfor which you are claiming damages in this case specifyingthe part of your body that was injured;the nature of the injury;and, as to any injuriesyou contend are permanent, the effects on you that you claim are permanent. 12. List each item of expense or damage, other than loss of income or earningcapacitythat you claim to have incurred as a result of the incident described in the Complaint, givingfor each item the date incurred,the name and business address to whom each was paid or is owed, and the goods or services for which each was incurred. 5 CASE NO. CACE-21-016658 Division: 12 13. Do you contend that you have lost any income, benefits,or earningcapacityin the past or future as a result of the incident described in the Complaint? If yes, state the nature of the income, benefits,or earningcapacity,and the amount and the method that you used in computing the amount. 14. Has anything been paid or is anything payable from any third party or other entity(including but not limited to Medicare, Medicare Advantage Plan, Medicaid, PIP insurer,medical payments, health insurance, workers compensation, etc.)for the damages listed in your answers to these Interrogatories? If yes, state the amounts paid or payable, the name and business address of the person or entitywho paid or owes said amounts, and which of those third partieshave or claim a right of subrogation. If Medicare or Medicare Advantage Plan has paid for any damages, please ensure to include your HICN/MIB number. 6 CASE NO. CACE-21-016658 Division: 12 15. List the name and business address of each physicianwho has treated or examined you, and each medical facility where you have received any treatment or examination for the injuries for which you seek damages in this case; and state as to each the date of treatment or examination and the injuryor condition for which you were examined or treated. 16. List the names and business addresses of all other physicians,medical facilities or other health care providersby whom or at which you have been examined or treated in the past ten (10) years; and state as to each the dates of examination or treatment and the condition or injuryfor which you were examined or treated. 7 CASE NO. CACE-21-016658 Division: 12 17. List the names and addresses of all persons who are believed or known by you, your agents or attorneys to have any knowledge concerning any of the issues in this lawsuit,and specify the subjectmatter about which the witness has knowledge. 18. 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 yes, state the name and address of each person who made the statement or remark, the name and address of each person who heard it,and the date,time, place and substance of each statement or remark. 8 CASE NO. CACE-21-016658 Division: 12 19. State the name and address of every person known to you, your agents, or attorneys, who has knowledge about, or possession,custody or control of any model, plat,map, drawing, motion picture, video tape, or photograph pertainingto any fact or issue involved in this controversy; and describe as to each, what such person has, the name and address of the person who took or preparedit,and the date it was taken or prepared. 20. Do you intend to call any expert witness at the trial of this case? If yes, state as to each such witness the name and business address of the witness, the witness's qualifications as an expert, the subjectmatter upon which the witness is expectedto testify, the substance of the facts and opinionsto which the witness is expectedto testify, and a summary ofthe grounds for each opinion. 9 CASE NO. CACE-21-016658 Division: 12 21. Have you made an agreement with anyone that would limit that party'sliability to anyone for any of the damages sued upon in this case? Ifyes,state the terms ofthe agreement and the partiesto it. 22. Please state if you have ever been a party, either Plaintiff or Defendant, in a lawsuit other than the present matter? If yes, state whether you were the Plaintiff or Defendant, the nature of the action,and the date and Court in which suit was filed. 23. List the names, addresses, and telephone numbers of all companies, entities,or individuals where you have appliedfor employment in the past three (3)years. 10 CASE NO. CACE-21-016658 Division: 12 24. With respect to any injuriesor symptoms described in your answer to Interrogatory11, pleasestate whether you, at any other time, ever had any similar injuryto or similar symptom of the same or similar area of your body? If yes, itemize each such injuryor symptom, the part of your body involved, the date and duration of such injuryor symptom, and the names and addresses of any physicianor hospitalsthat treated you for such injuryor symptom. 25. State whether or not you have been involved in any accidents or incidents resultingin personalinjurypriorto or after the incident described in the Complaint? If yes, state the place of each of said accidents or incidents,the date of each said accident or incident,any personal injuriesthat you may have received in any such accident or incident, the name of each and every medical practitioner treatingyou or examining you for each of the said injuries. 11 CASE NO. CACE-21-016658 Division: 12 26. State whether or not, in the past five (5)years, you made applicationfor any insurance or employment requiringa physicalexamination? If yes, state the name and address of the medical practitioner who examined you, givingthe date of the examination, and the name and address of such insurance company and/or employer. 27. Have you ever received a disability ratingof any type whatsoever from any individual or privategovernmental organizationbefore or after the incident described in the Complaint and not related to the incident described in the Complaint? If yes, state as to each the name and address of the physicianor organizationgiving such rating, the date ofthe rating,the amount of the disability rating, and describe the nature ofthe incident causingthe disability rating. 12 CASE NO. CACE-21-016658 Division: 12 28. List the names of all individuals who resided at the same address with you on the date of the incident allegedin the Complaint; and whether any such individuals owned a motor vehicle at the time of the incident allegedin the Complaint? If yes, identifythe individual owning the motor vehicle,the type of motor vehicle owned, and the name and address of the insurer,if any, providinginsurance coverage for the owner or vehicle identified. 13 CASE NO. CACE-21-016658 Division: 12 STATE OF :SS COUNTY OF DAVID W. SCHWITZKE, who being duly sworn, on oath, deposes and says (or affirms) that the foregoing Answers to Interrogatories propounded on the day of , 2021, are true and correct to the best of his/her knowledge, and that he/she has read the foregoingAnswers to Interrogatories and knows the contents thereof. DAVID W. SCHWITZKE Sworn to (oraffirmed)and subscribed before me by means of m physicalpresence, or E online notarization,this dayor ,2021, by who m is , personallyknown to me, or E produced a as identification. , Notary Public (Signature) Notary Public (PrintedName) My Commission Expires. 14