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Filing # 145832843 E-Filed 03/16/2022 02:16:28 PM
IN THE CIRCUIT COURT OF THE
20TH JUDICIAL CIRCUIT IN AND
FOR LEE COUNTY, FLORIDA
CASE NO.: 21-CA-000403
JACK CURREN AND
NANCY CURREN,
Plaintiffs,
vs.
UNITED PROPERTY & CASUALTY
INSURANCE COMPANY,
Defendant.
_______________________________________/
DEFENDANT, UNITED PROPERTY & CASUALTY INSURANCE COMPANY’S
NOTICE OF SERVICE OF FIRST SET OF EXPERT WITNESS INTERROGATORIES
COMES NOW Defendant, UNITED PROPERTY AND CASUALTY INSURANCE
COMPANY (hereinafter referred to as “Defendant”), and hereby gives Notice of Service of its
Expert Witness Interrogatories upon Plaintiffs, Jack Curren and Nancy Curren, to be answered
under oath, in writing, within thirty (30) days from receipt hereof in accordance with Fla. R. Civ.
P. 1.340.
[CERTIFICATE OF SERVICE ON FOLLOWING PAGE]
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CASE NO.: 21-CA-000403
Page 2 of 2
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing document was filed
electronically and was sent by E-mail from the Florida Courts’ E-Filing Portal system, unless
otherwise noted below on this 16th day of March, 2022, on all counsel or parties of record listed
below:
Jared Davis, Esq.
KANNER & PINTALIGA, P.A.
Attorney for Plaintiffs
925 South Federal Highway
Boca Raton, FL 33432
(561) 892-9657 Telephone
(561) 583-2188 Facsimile
jdavis@kpattorney.com
edejesus@kpattorney.com
firstpartyeservice@kpattorney.com
CHARTWELL LAW
Attorneys for Defendant
12486 Brantley Commons Court
Fort Myers, FL 33907
(239) 489-1911 Telephone
(239) 425-3509 Facsimile
By: /s/ Chelsea C. Maukonen
Chelsea C. Maukonen, Esq.
Florida Bar No.1011382
cmaukonen@chartwelllaw.com
Amanda Bartley, Esq.
Florida Bar No. 64979
abartley@chartwelllaw.com
Christopher R. Cooper, Esq.
Florida Bar No. 111434
ccooper@chartwelllaw.com
WWW.CHARTWELLLAW.COM
eFiled Lee County Clerk of Courts Page 2
IN THE CIRCUIT COURT OF THE
20TH JUDICIAL CIRCUIT IN AND
FOR LEE COUNTY, FLORIDA
CASE NO.: 21-CA-000403
JACK CURREN AND
NANCY CURREN,
Plaintiffs,
vs.
UNITED PROPERTY & CASUALTY
INSURANCE COMPANY,
Defendant.
_______________________________________/
DEFENDANT, UNITED PROPERTY & CASUALTY INSURANCE COMPANY’S
FIRST SET OF EXPERT WITNESS INTERROGATORIES
COMES NOW Defendant, UNITED PROPERTY AND CASUALTY INSURANCE
COMPANY (hereinafter “Defendant”), by and through the undersigned counsel and pursuant to
Rules 1.280 and 1.340 of the Florida Rules of Civil Procedure, hereby propounds its First Set of
Expert Interrogatories to Plaintiffs, JACK CURREN AND NANCY CURREN, to be answered
within the provided pursuant to Rules of Civil Procedure.
I. DEFINITIONS
a. The Term "writings" or "documents" means all tangible physical or intangible
electronic writings, photos, emails, reports, notes, diary entries, of any kind,
including the originals and all non-identical copies, whether different from the
original by reason of any notation made on such copies or otherwise, including
(without limitations) correspondence, memoranda, notes, diaries, statistics,
letters, telegrams, minutes, contracts, reports, studies, checks, statements,
receipts, returns, summaries, pamphlets, books, prospectuses, inter-office and
intra-office communications, offers, notations of any sort of conversation,
calendars, telephone calls, photos, meetings or other communications,
bulletins, printed matter, computer print-outs, teletypes, telefax, invoices,
worksheets and all drafts, alterations, modifications, changes, and amendments
of any of the foregoing, graphic or aural writs, records or representations of any
kind, including (without limitations) photographs, charts, graphs, microfiche,
microfilm, videotape, recordings, motion pictures, and electronic, mechanical
or electric records or representations of any kind, including (without
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limitation) tapes, cassettes, computer magnetic or optical disc media and disc
recordings, and emails, whether printed or not.
b. The term "relating to" as used herein is defined to mean ‘evidencing’, ‘referring
to’, ‘pertaining to’ ‘consisting of’, ‘reflecting’, ‘concerning’ or in any way
logically or factually connected with the expert opinion which defendant has
hired the expert for and any matter discussed within the scope of that specific
expert witness employment.
c. Each of the following discovery requests seeking an identification of
documents is intended to be interpreted to request and require:
i. The date of the document;
ii. The originator of the document;
iii. The type of document;
iv. The addressee of the document, if any;
v. Identification of persons to whom copies of the documents were
furnished;
vi. Details as to the custody of the document on the date the Interrogatories
are answered;
vii. Specific page numbers where the information requested may be found, if
appropriate; or, alternatively, documents may be identified by
numbering each such document and referring to the number in the answer
and providing a true copy of each such numbered document with the
Answers to Interrogatories.
d. Each of the following Discovery Requests or Interrogatories requesting the
identification of persons is intended to be interpreted to request and require
known to the Defendant:
i. The name of the individual;
ii. The last known address and phone number of the individual;
iii. The place of employment of the individual and the person's last known
address;
iv. The substance of the witnesses' knowledge or information relating to
the information requested.
e. If you contend that it would be unreasonably burdensome to obtain and provide
all of the documents called for in response to any one of these requests, then in
response to the appropriate request:
i. Furnish each such document that is available to you without undertaking
what you contend to be an unreasonable burden;
ii. State with particularity the grounds on which you contend that additional
efforts to obtain such documents would be unreasonably burdensome;
and
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iii. Describe with particularity the efforts made by you to secure such
documents, including, without limitation, the identity of all persons
consulted, and files, records, and documents reviewed, and the identity of
each person who participated in gathering such documents, including the
duration of time spent and nature of work done by each person.
f. Unless otherwise indicated, all requests include the time period from the date
of the Loss through the date you respond to this request.
II. LOST/DESTROYED DOCUMENTS
If any document to be produced was, but is no longer, in your possession, custody or
control and/or has been destroyed or is otherwise incapable of production or state: (a) the
date, place and means of the destruction; (b) the name and address of each person deciding
upon, participating in and having knowledge of the destruction; (c) the reason for the
destruction; (d) if not destroyed, the reason why the document is incapable of production;
and (e) the subject matter of the document.
III. INSTRUCTIONS
Before answering the following Discovery requests, will you please make such
inquiries of your agents, servants, employees and/or attorneys as will enable you to make
full and true answers to the following, in accordance with the applicable Florida Rules of
Civil Procedure. Additionally, if more space is required, please use a separate sheet of
paper and attach same behind the sheet where the respective question appears.
DEFENDANT’S FIRST SET OF EXPERT INTERROGATORIES TO PLAINTIFFS
1. State the name, address, and profession of each and every expert whom you expect to call
as an expert witness at trial or for any other purposes in this cause.
RESPONSE:
2. With regard to each and every expert, state their background, education and experience
which qualify them to testify as an expert in their area of expertise.
RESPONSE:
3. Give the name or title of each paper which each and every expert has authored in the field
of their expertise.
RESPONSE:
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4. State the name, volume and page number of the publication in which article or paper listed
above can be found.
RESPONSE:
5. State the substance of the facts to which each and every expert is expected to testify.
RESPONSE:
6. Give a complete list of all documents, depositions, exhibits, plans, drawings, ordinances or
statutes which each and every expert has used in basing their opinion.
RESPONSE:
7. State the opinion to which each and every expert is expected to testify.
RESPONSE:
8. Give a summary of the grounds of each opinion stated.
RESPONSE:
9. Has each and every expert practiced or worked in his field during the past five (5) years?
If so, please state:
a. Whether they were self-employed, employed by someone else or associated as a
partner.
b. Each address where they practiced or were employed.
c. The dates they were with each employer.
d. The type of duty they performed with each employer.
RESPONSE:
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10. If they have not practiced or worked in his field during the last five (5) years, what was
their employment during this time?
RESPONSE:
11. Did each and every expert submit a report setting forth their opinions or conclusions
reached from their examination or any tests they conducted?
a. If so, state the date the report was submitted.
b. The name or other means of identification of the person to whom this report was
submitted.
c. The name and address of the person who has present custody of the report.
RESPONSE:
12. Did each and every expert submit any other reports based upon tests, examinations or
analyses of documents that they conducted in which they did not render an opinion?
a. If so, state a description of each report that was made.
b. The date that each report was made.
c. The name or other means of identification of the person to whom each report was
submitted.
d. The name and address of the person who has present custody of said report.
RESPONSE:
13. Please attach a copy of any reports made by each and every expert on the basis of his tests,
examinations or analyses to your answers to these Interrogatories. This request is made
under the provisions of the Florida Rules of Civil Procedure 1.280 and you are requested
to attach a copy of such report to these Answers to Interrogatories and supply a copy of the
reports to the undersigned attorney.
RESPONSE:
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14. Is each and every expert to be compensated for their work and efforts in connection with
this action?
a. If so, how much are they to be paid?
b. If they have not been paid, then give the basis for payment, such as hourly rate,
weekly rate, etc.
RESPONSE:
15. Has each and every expert served as an expert witness in any other litigated case in the past
three (3) years? If so, as to each case please state:
a. The style of the case, the court in which it was filed and the name(s) and address(es)
of the attorney(s) involved.
b. Whether they testified for the Plaintiffs or Defendant.
c. The area or field in which he held himself out to be an expert.
RESPONSE:
[VERIFICATION ON FOLLOWING PAGE]
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STATE OF FLORIDA )
) SS
COUNTY OF _______________ )
_______________________________ and _____________________________, duly sworn upon
oath, deposes and says that the foregoing Answers to the Interrogatories are true and correct to the
best of his or her knowledge, information and belief at the present time.
___________________________________
SIGNATURE
___________________________________
SIGNATURE
The foregoing instrument was acknowledged before me this _____ day of
_______________, 2021 by _____________________________ and
____________________________ who are personally known to me or who has produced
___________________________ as identification and who did/did not take an oath.
______________________________
Notary Public State of Florida
______________________________
Notary Name
(Printed, typed or stamped)
_____________________________
Commission Number
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eFiled Lee County Clerk of Courts Page 9
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Filing # 145832843 E-Filed 03/16/2022 02:16:28 PM IN THE CIRCUIT COURT OF THE 20TH JUDICIAL CIRCUIT IN AND FOR LEE COUNTY, FLORIDA CASE NO.: 21-CA-000403 JACK CURREN AND NANCY CURREN, Plaintiffs, vs. UNITED PROPERTY & CASUALTY INSURANCE COMPANY, Defendant. _______________________________________/ DEFENDANT, UNITED PROPERTY & CASUALTY INSURANCE COMPANY’S NOTICE OF SERVICE OF FIRST SET OF EXPERT WITNESS INTERROGATORIES COMES NOW Defendant, UNITED PROPERTY AND CASUALTY INSURANCE COMPANY (hereinafter referred to as “Defendant”), and hereby gives Notice of Service of its Expert Witness Interrogatories upon Plaintiffs, Jack Curren and Nancy Curren, to be answered under oath, in writing, within thirty (30) days from receipt hereof in accordance with Fla. R. Civ. P. 1.340. [CERTIFICATE OF SERVICE ON FOLLOWING PAGE] eFiled Lee County Clerk of Courts Page 1 CASE NO.: 21-CA-000403 Page 2 of 2 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing document was filed electronically and was sent by E-mail from the Florida Courts’ E-Filing Portal system, unless otherwise noted below on this 16th day of March, 2022, on all counsel or parties of record listed below: Jared Davis, Esq. KANNER & PINTALIGA, P.A. Attorney for Plaintiffs 925 South Federal Highway Boca Raton, FL 33432 (561) 892-9657 Telephone (561) 583-2188 Facsimile jdavis@kpattorney.com edejesus@kpattorney.com firstpartyeservice@kpattorney.com CHARTWELL LAW Attorneys for Defendant 12486 Brantley Commons Court Fort Myers, FL 33907 (239) 489-1911 Telephone (239) 425-3509 Facsimile By: /s/ Chelsea C. Maukonen Chelsea C. Maukonen, Esq. Florida Bar No.1011382 cmaukonen@chartwelllaw.com Amanda Bartley, Esq. Florida Bar No. 64979 abartley@chartwelllaw.com Christopher R. Cooper, Esq. Florida Bar No. 111434 ccooper@chartwelllaw.com WWW.CHARTWELLLAW.COM eFiled Lee County Clerk of Courts Page 2 IN THE CIRCUIT COURT OF THE 20TH JUDICIAL CIRCUIT IN AND FOR LEE COUNTY, FLORIDA CASE NO.: 21-CA-000403 JACK CURREN AND NANCY CURREN, Plaintiffs, vs. UNITED PROPERTY & CASUALTY INSURANCE COMPANY, Defendant. _______________________________________/ DEFENDANT, UNITED PROPERTY & CASUALTY INSURANCE COMPANY’S FIRST SET OF EXPERT WITNESS INTERROGATORIES COMES NOW Defendant, UNITED PROPERTY AND CASUALTY INSURANCE COMPANY (hereinafter “Defendant”), by and through the undersigned counsel and pursuant to Rules 1.280 and 1.340 of the Florida Rules of Civil Procedure, hereby propounds its First Set of Expert Interrogatories to Plaintiffs, JACK CURREN AND NANCY CURREN, to be answered within the provided pursuant to Rules of Civil Procedure. I. DEFINITIONS a. The Term "writings" or "documents" means all tangible physical or intangible electronic writings, photos, emails, reports, notes, diary entries, of any kind, including the originals and all non-identical copies, whether different from the original by reason of any notation made on such copies or otherwise, including (without limitations) correspondence, memoranda, notes, diaries, statistics, letters, telegrams, minutes, contracts, reports, studies, checks, statements, receipts, returns, summaries, pamphlets, books, prospectuses, inter-office and intra-office communications, offers, notations of any sort of conversation, calendars, telephone calls, photos, meetings or other communications, bulletins, printed matter, computer print-outs, teletypes, telefax, invoices, worksheets and all drafts, alterations, modifications, changes, and amendments of any of the foregoing, graphic or aural writs, records or representations of any kind, including (without limitations) photographs, charts, graphs, microfiche, microfilm, videotape, recordings, motion pictures, and electronic, mechanical or electric records or representations of any kind, including (without WWW.CHARTWELLLAW.COM eFiled Lee County Clerk of Courts Page 3 limitation) tapes, cassettes, computer magnetic or optical disc media and disc recordings, and emails, whether printed or not. b. The term "relating to" as used herein is defined to mean ‘evidencing’, ‘referring to’, ‘pertaining to’ ‘consisting of’, ‘reflecting’, ‘concerning’ or in any way logically or factually connected with the expert opinion which defendant has hired the expert for and any matter discussed within the scope of that specific expert witness employment. c. Each of the following discovery requests seeking an identification of documents is intended to be interpreted to request and require: i. The date of the document; ii. The originator of the document; iii. The type of document; iv. The addressee of the document, if any; v. Identification of persons to whom copies of the documents were furnished; vi. Details as to the custody of the document on the date the Interrogatories are answered; vii. Specific page numbers where the information requested may be found, if appropriate; or, alternatively, documents may be identified by numbering each such document and referring to the number in the answer and providing a true copy of each such numbered document with the Answers to Interrogatories. d. Each of the following Discovery Requests or Interrogatories requesting the identification of persons is intended to be interpreted to request and require known to the Defendant: i. The name of the individual; ii. The last known address and phone number of the individual; iii. The place of employment of the individual and the person's last known address; iv. The substance of the witnesses' knowledge or information relating to the information requested. e. If you contend that it would be unreasonably burdensome to obtain and provide all of the documents called for in response to any one of these requests, then in response to the appropriate request: i. Furnish each such document that is available to you without undertaking what you contend to be an unreasonable burden; ii. State with particularity the grounds on which you contend that additional efforts to obtain such documents would be unreasonably burdensome; and WWW.CHARTWELLLAW.COM eFiled Lee County Clerk of Courts Page 4 iii. Describe with particularity the efforts made by you to secure such documents, including, without limitation, the identity of all persons consulted, and files, records, and documents reviewed, and the identity of each person who participated in gathering such documents, including the duration of time spent and nature of work done by each person. f. Unless otherwise indicated, all requests include the time period from the date of the Loss through the date you respond to this request. II. LOST/DESTROYED DOCUMENTS If any document to be produced was, but is no longer, in your possession, custody or control and/or has been destroyed or is otherwise incapable of production or state: (a) the date, place and means of the destruction; (b) the name and address of each person deciding upon, participating in and having knowledge of the destruction; (c) the reason for the destruction; (d) if not destroyed, the reason why the document is incapable of production; and (e) the subject matter of the document. III. INSTRUCTIONS Before answering the following Discovery requests, will you please make such inquiries of your agents, servants, employees and/or attorneys as will enable you to make full and true answers to the following, in accordance with the applicable Florida Rules of Civil Procedure. Additionally, if more space is required, please use a separate sheet of paper and attach same behind the sheet where the respective question appears. DEFENDANT’S FIRST SET OF EXPERT INTERROGATORIES TO PLAINTIFFS 1. State the name, address, and profession of each and every expert whom you expect to call as an expert witness at trial or for any other purposes in this cause. RESPONSE: 2. With regard to each and every expert, state their background, education and experience which qualify them to testify as an expert in their area of expertise. RESPONSE: 3. Give the name or title of each paper which each and every expert has authored in the field of their expertise. RESPONSE: WWW.CHARTWELLLAW.COM eFiled Lee County Clerk of Courts Page 5 4. State the name, volume and page number of the publication in which article or paper listed above can be found. RESPONSE: 5. State the substance of the facts to which each and every expert is expected to testify. RESPONSE: 6. Give a complete list of all documents, depositions, exhibits, plans, drawings, ordinances or statutes which each and every expert has used in basing their opinion. RESPONSE: 7. State the opinion to which each and every expert is expected to testify. RESPONSE: 8. Give a summary of the grounds of each opinion stated. RESPONSE: 9. Has each and every expert practiced or worked in his field during the past five (5) years? If so, please state: a. Whether they were self-employed, employed by someone else or associated as a partner. b. Each address where they practiced or were employed. c. The dates they were with each employer. d. The type of duty they performed with each employer. RESPONSE: WWW.CHARTWELLLAW.COM eFiled Lee County Clerk of Courts Page 6 10. If they have not practiced or worked in his field during the last five (5) years, what was their employment during this time? RESPONSE: 11. Did each and every expert submit a report setting forth their opinions or conclusions reached from their examination or any tests they conducted? a. If so, state the date the report was submitted. b. The name or other means of identification of the person to whom this report was submitted. c. The name and address of the person who has present custody of the report. RESPONSE: 12. Did each and every expert submit any other reports based upon tests, examinations or analyses of documents that they conducted in which they did not render an opinion? a. If so, state a description of each report that was made. b. The date that each report was made. c. The name or other means of identification of the person to whom each report was submitted. d. The name and address of the person who has present custody of said report. RESPONSE: 13. Please attach a copy of any reports made by each and every expert on the basis of his tests, examinations or analyses to your answers to these Interrogatories. This request is made under the provisions of the Florida Rules of Civil Procedure 1.280 and you are requested to attach a copy of such report to these Answers to Interrogatories and supply a copy of the reports to the undersigned attorney. RESPONSE: WWW.CHARTWELLLAW.COM eFiled Lee County Clerk of Courts Page 7 14. Is each and every expert to be compensated for their work and efforts in connection with this action? a. If so, how much are they to be paid? b. If they have not been paid, then give the basis for payment, such as hourly rate, weekly rate, etc. RESPONSE: 15. Has each and every expert served as an expert witness in any other litigated case in the past three (3) years? If so, as to each case please state: a. The style of the case, the court in which it was filed and the name(s) and address(es) of the attorney(s) involved. b. Whether they testified for the Plaintiffs or Defendant. c. The area or field in which he held himself out to be an expert. RESPONSE: [VERIFICATION ON FOLLOWING PAGE] WWW.CHARTWELLLAW.COM eFiled Lee County Clerk of Courts Page 8 STATE OF FLORIDA ) ) SS COUNTY OF _______________ ) _______________________________ and _____________________________, duly sworn upon oath, deposes and says that the foregoing Answers to the Interrogatories are true and correct to the best of his or her knowledge, information and belief at the present time. ___________________________________ SIGNATURE ___________________________________ SIGNATURE The foregoing instrument was acknowledged before me this _____ day of _______________, 2021 by _____________________________ and ____________________________ who are personally known to me or who has produced ___________________________ as identification and who did/did not take an oath. ______________________________ Notary Public State of Florida ______________________________ Notary Name (Printed, typed or stamped) _____________________________ Commission Number WWW.CHARTWELLLAW.COM eFiled Lee County Clerk of Courts Page 9