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Case Number: CACE-17-007673 Division: 05
Filing # 55445174 E-Filed 04/21/2017 04:56:51 PM
IN THE CIRCUIT COURT OF THE 17™ JUDICIAL CIRCUIT, IN AND FOR
BROWARD COUNTY, FLORIDA
RONALD VOHS,
Plaintiff,
-Vs-
JOSIMAR’S CLEANING SERVICES CORP, NO.
USA BR GENERAL SERVICES CORP.,
INDUSTRIAL CABLE COMMUNICATIONS
SERVICES INC., AND COMCAST
CORPORATION.
Defendants. )
/
PLAINTIFF’S NOTICE OF SERVING INITIAL INTERROGATORIES
TO DEFENDANT, USA BR GENERAL SERVICES CORP.
Plaintiff, RONALD VOHS, by and through the undersigned counsel and pursuant
to Fla. R. Civ. P. 1.340, gives Notice of Serving Initial Interrogatories upon Defendant,
USA BR GENERAL SERVICES CORP. You are required to answer the attached
interrogatories, under oath and within forty-five (45) days of service hereof.
| HEREBY CERTIFY that an original and one copy of the foregoing has been
served on the above Defendant, USA BR GENERAL SERVICES CORP. with the
Complaint.
Steinger, Iscoe & Greene, P.A.
Coastal Tower
2400 E. Commercial Blvd Suite 900
Fort Lauderdale, FL 33308
Telephone: (954) 491-7701
ganselmo@injurylawyers.com
Attorneys for Plaintiff
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 4/21/2017 4:56:49 PM.****INTERROGATORIES TO_ DEFENDANT, USA BR GENERAL SERVICES CORP.
DEFINITIONS
(a) The words "you," "yours" and/or "yourselves" mean Defendant, USA BR GENERAL
SERVICES CORP., and any directors, officers, employees, agents, representatives or
other persons acting, or purporting to act, on behalf of Defendant, USA BR GENERAL
SERVICES CORP., (b) The singular shall include the plural and vice versa; the terms
“and" or "or" shall be both conjunctive and disjunctive; and the term "including" means
“including without limitation".
(c) "Date" shall mean the exact date, month and year, if ascertainable or, if not, the best
approximation of the date (based upon relationship with other events).
(d) The word "document" shall mean any writing, recording, electronically stored
information or photograph in your actual or constructive possession, custody, care or
control, which pertain directly or indirectly, in whole or in part, either to any of the
subjects listed below or to any other matter relevant to the issues in this action, or which
are themselves listed below as specific documents, including, but not limited to:
correspondence, memoranda, notes, messages, diaries, minutes, books, reports,
charts, ledgers, invoices, computer printouts, microfilms, video tapes or tape
recordings.
(e) "Agent" shall mean: any agent, employee, officer, director, attorney, independent
contractor or any other person acting at the direction of or on behalf of another.
(f) "Person" shall mean any individual, corporation, proprietorship, partnership, trust,
association or any other entity.
(g) The words "pertain to" or "pertaining to" mean: relates to, refers to, contains,
concerns, describes, embodies, mentions, constitutes, constituting, supports,
corroborates, demonstrates, proves, evidences, shows, refutes, disputes, rebuts,
controverts or contradicts.
(h) The term "third party” or “third parties" refers to individuals or entities that are not a
party to this action.
(i) The term "action" shall mean the case entitled RONALD VOHS v. USA BR
GENERAL SERVICES CORP.., (j) The word "identify", when used in reference to a
document (including electronically stored information), means and includes the name
and address of the custodian of the document, the location of the document, and a
general description of the document, including (1) the type of document (e.g., letter or
memorandum) and, if electronically stored information, the software application used to
create it (e.g., MS Word or MS Excel Spreadsheet); (2) the general subject matter of
the document or electronically stored information; (3) the date of the document or
electronically stored information; (4) the author of the document or electronically stored
information; (5) the addressee of the document or electronically stored information;
and (6) the relationship of the author and addressee to each other.INSTRUCTIONS
If you object to fully identifying a document, electronically stored information or oral
communication because of a privilege, you must nevertheless provide the following
information pursuant to Fla. R. Civ. P. 1.280(b)(5), unless divulging the information
would disclose the privileged information:
(1) the nature of the privilege claimed (including work product);
(2) if the privilege is being asserted in connection with a claim or defense
governed by state law, the state privilege rule being invoked;
(3) the date of the document, electronically stored information or oral
communication;
(4) if a document: its type (e.g., letter or memorandum) and, if electronically
stored information, the software application used to create it (e.g., MS Word or
MS Excel Spreadsheet), and the custodian, location, and such other information
sufficient to identify the material for a subpoena duces tecum or a production
request, including where appropriate the author, the addressee, and, if not
apparent, the relationship between the author and addressee;
(5) if an oral communication: the place where it was made, the names of the
persons present while it was made, and, if not apparent, the relationship of the
persons present to the declarant; and
(6) the general subject matter of the document, electronically stored information
or oral communication.
1. What is your name, address and if you are answering for someone else, your
official position?
2. Describe any and all policies of insurance which you contend cover or may cover
or provide a defense to you for the allegations set forth in plaintiffs complaint or
inure to the benefit of Plaintiff (for example medical payments), 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 other applicable coverage,
the name and address of the custodian of the policy, and any policy defenses
known or asserted.Describe in detail how the incident described in the Complaint happened,
including all actions taken by you, your agents or employees to prevent the
incident. This specifically includes, but is not limited to, a concise statement of
the facts as to how you contend the Plaintiffs incident took place, including why
you think the Plaintiff fell.
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.
State the facts upon which you rely for each affirmative defense in your 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.
List the names and addresses of all persons believed or known by you, your
agents or attorneys to have any knowledge concerning any of the issues raised
by the pleadings and specify the subject matter about which of the witnesses has
knowledge. For each, please also state their job description or relationship to
you, if any.10.
11.
12.
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.
State the name and address of every person known to you, your agents, or
attorney who has knowledge about, or possession, custody, or control of any
model, plat, map, drawing, motion picture, video tape, or photograph pertaining
to 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 prepared it,
and the date it was taken or prepared.
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 witnesses, the
witness’ 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.
Have you made an agreement with anyone that would limit a party's liability to
anyone for any of the damages sued upon in this case? If so, state the terms of
the agreement and the parties to it.
Identify sufficiently to enable discovery, the date, method and substance of any
written or oral notice defendant received of the incident which is the subject
matter of this action. Attach a copy of any incident report form made in the
normal course of business.13.
14.
15.
16.
17.
18.
Identify the name, address and telephone number of the entity who owned the
subject cable.
Identify the tag number on the subject cable wire.
State the date and nature of any complaint, warning or other notice that the
defendant or defendant's agents received concerning a dangerous condition at
the location of the subject incident and prior thereto. Attach a copy of any written
complaint, warning or other notice.
Identify the date, name, address, phone number, and employer of any person
who inspected the subject location prior to the incident.
Identify the date, name, address, and employer of any person who inspected the
subject location after the incident, and the findings of any such inspections made
of the subject location where Plaintiff fell, subsequent to the incident. This
specifically includes but is not limited to a description of any exposed cable wire
located near where Plaintiff fell or any other possible cause of Plaintiff's fall as
alleged in the Complaint.
Describe any markings or warnings in the subject area and any warnings to the
Plaintiff including the date, nature and persons who made them.19.
20.
21.
22.
23.
For each safety device in use at the time of the incident at or near the area
where the subject incident occurred, including but not limited to cones, signs,
flags, tape, and barriers, state its descriptions, location and purpose. Please
include when such device(s) were installed and who installed them.
Describe all procedures for burying cable wires and identify the contractor or in-
house supervisor responsible at the time of the subject accident for ensuring
exposed cable wires are buried.
For each repair, replacement, alteration, or safety precaution made subsequent
to and in the area of the alleged incident, state the date, description, reasons
and name, current address, employer, and occupation of the person who made
it.
Please state the name and address of the person or persons with the most
knowledge of the subject cable work performed at the location where the
accident, incident or event described in the Complaint occurred prior to the date
of loss.
For each prior accident which occurred, or has been alleged to have occurred in
a similar manner to the subject incident (trip and fall, fall-down incidents), state
information sufficient to identify it, such as date, name and last known address of
persons involved, description of incident, and identify any related lawsuit.25.
26.
27.
Is the Defendant properly named in the Complaint?
If your answer is no, please state the exact name of the Defendant as it should
appear in the Complaint. (This question is being asked simply to name the
Defendant properly in the Complaint and is in no way asking the Defendant to
admit negligence or imply that the Defendant is negligent).
For each matter in Plaintiffs Request for Admissions served concurrently
herewith, except those to which you responded with an unequivocal admission,
please state each and every fact upon which you base said response, identify
each and every writing, document, recording, photograph or other tangible thing,
that you contend supports said response, and identify each and every person
that you contend has knowledge of any fact on which you contend supports said
response and set forth each person's last known address and telephone number.
Are you aware of any incident other than the accident that is the subject of this
litigation in which the plaintiff was or might have been injured? If yes, please
state the nature, date(s) and place(s) of all such incidents, the injuries allegedly
sustained therein, the names and addresses of all witnesses with any knowledge
concerning each such incident, and describe with particularity any and all
records, documents or things in your possession or control that relate or refer to
each such incident.STATE OF FLORIDA )
COUNTY OF )
| HEREBY CERTIFY that on this day before me, an officer duly qualified to take
acknowledgments, personally appeared who is
personally known to me or who has produced
as identification and who did not take an oath, and acknowledged that he/she has read
the answers to the foregoing interrogatories and that they are true to the best of his/her
knowledge and belief.
WITNESS my hand and official seal in the County and State last aforesaid this
day of , 2017.
NOTARY PUBLIC
My Commission Expires:
Preview
Case Number: CACE-17-007673 Division: 05 Filing # 55445174 E-Filed 04/21/2017 04:56:51 PM IN THE CIRCUIT COURT OF THE 17™ JUDICIAL CIRCUIT, IN AND FOR BROWARD COUNTY, FLORIDA RONALD VOHS, Plaintiff, -Vs- JOSIMAR’S CLEANING SERVICES CORP, NO. USA BR GENERAL SERVICES CORP., INDUSTRIAL CABLE COMMUNICATIONS SERVICES INC., AND COMCAST CORPORATION. Defendants. ) / PLAINTIFF’S NOTICE OF SERVING INITIAL INTERROGATORIES TO DEFENDANT, USA BR GENERAL SERVICES CORP. Plaintiff, RONALD VOHS, by and through the undersigned counsel and pursuant to Fla. R. Civ. P. 1.340, gives Notice of Serving Initial Interrogatories upon Defendant, USA BR GENERAL SERVICES CORP. You are required to answer the attached interrogatories, under oath and within forty-five (45) days of service hereof. | HEREBY CERTIFY that an original and one copy of the foregoing has been served on the above Defendant, USA BR GENERAL SERVICES CORP. with the Complaint. Steinger, Iscoe & Greene, P.A. Coastal Tower 2400 E. Commercial Blvd Suite 900 Fort Lauderdale, FL 33308 Telephone: (954) 491-7701 ganselmo@injurylawyers.com Attorneys for Plaintiff *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 4/21/2017 4:56:49 PM.****INTERROGATORIES TO_ DEFENDANT, USA BR GENERAL SERVICES CORP. DEFINITIONS (a) The words "you," "yours" and/or "yourselves" mean Defendant, USA BR GENERAL SERVICES CORP., and any directors, officers, employees, agents, representatives or other persons acting, or purporting to act, on behalf of Defendant, USA BR GENERAL SERVICES CORP., (b) The singular shall include the plural and vice versa; the terms “and" or "or" shall be both conjunctive and disjunctive; and the term "including" means “including without limitation". (c) "Date" shall mean the exact date, month and year, if ascertainable or, if not, the best approximation of the date (based upon relationship with other events). (d) The word "document" shall mean any writing, recording, electronically stored information or photograph in your actual or constructive possession, custody, care or control, which pertain directly or indirectly, in whole or in part, either to any of the subjects listed below or to any other matter relevant to the issues in this action, or which are themselves listed below as specific documents, including, but not limited to: correspondence, memoranda, notes, messages, diaries, minutes, books, reports, charts, ledgers, invoices, computer printouts, microfilms, video tapes or tape recordings. (e) "Agent" shall mean: any agent, employee, officer, director, attorney, independent contractor or any other person acting at the direction of or on behalf of another. (f) "Person" shall mean any individual, corporation, proprietorship, partnership, trust, association or any other entity. (g) The words "pertain to" or "pertaining to" mean: relates to, refers to, contains, concerns, describes, embodies, mentions, constitutes, constituting, supports, corroborates, demonstrates, proves, evidences, shows, refutes, disputes, rebuts, controverts or contradicts. (h) The term "third party” or “third parties" refers to individuals or entities that are not a party to this action. (i) The term "action" shall mean the case entitled RONALD VOHS v. USA BR GENERAL SERVICES CORP.., (j) The word "identify", when used in reference to a document (including electronically stored information), means and includes the name and address of the custodian of the document, the location of the document, and a general description of the document, including (1) the type of document (e.g., letter or memorandum) and, if electronically stored information, the software application used to create it (e.g., MS Word or MS Excel Spreadsheet); (2) the general subject matter of the document or electronically stored information; (3) the date of the document or electronically stored information; (4) the author of the document or electronically stored information; (5) the addressee of the document or electronically stored information; and (6) the relationship of the author and addressee to each other.INSTRUCTIONS If you object to fully identifying a document, electronically stored information or oral communication because of a privilege, you must nevertheless provide the following information pursuant to Fla. R. Civ. P. 1.280(b)(5), unless divulging the information would disclose the privileged information: (1) the nature of the privilege claimed (including work product); (2) if the privilege is being asserted in connection with a claim or defense governed by state law, the state privilege rule being invoked; (3) the date of the document, electronically stored information or oral communication; (4) if a document: its type (e.g., letter or memorandum) and, if electronically stored information, the software application used to create it (e.g., MS Word or MS Excel Spreadsheet), and the custodian, location, and such other information sufficient to identify the material for a subpoena duces tecum or a production request, including where appropriate the author, the addressee, and, if not apparent, the relationship between the author and addressee; (5) if an oral communication: the place where it was made, the names of the persons present while it was made, and, if not apparent, the relationship of the persons present to the declarant; and (6) the general subject matter of the document, electronically stored information or oral communication. 1. What is your name, address and if you are answering for someone else, your official position? 2. Describe any and all policies of insurance which you contend cover or may cover or provide a defense to you for the allegations set forth in plaintiffs complaint or inure to the benefit of Plaintiff (for example medical payments), 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 other applicable coverage, the name and address of the custodian of the policy, and any policy defenses known or asserted.Describe in detail how the incident described in the Complaint happened, including all actions taken by you, your agents or employees to prevent the incident. This specifically includes, but is not limited to, a concise statement of the facts as to how you contend the Plaintiffs incident took place, including why you think the Plaintiff fell. 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. State the facts upon which you rely for each affirmative defense in your 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. List the names and addresses of all persons believed or known by you, your agents or attorneys to have any knowledge concerning any of the issues raised by the pleadings and specify the subject matter about which of the witnesses has knowledge. For each, please also state their job description or relationship to you, if any.10. 11. 12. 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. State the name and address of every person known to you, your agents, or attorney who has knowledge about, or possession, custody, or control of any model, plat, map, drawing, motion picture, video tape, or photograph pertaining to 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 prepared it, and the date it was taken or prepared. 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 witnesses, the witness’ 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. Have you made an agreement with anyone that would limit a party's liability to anyone for any of the damages sued upon in this case? If so, state the terms of the agreement and the parties to it. Identify sufficiently to enable discovery, the date, method and substance of any written or oral notice defendant received of the incident which is the subject matter of this action. Attach a copy of any incident report form made in the normal course of business.13. 14. 15. 16. 17. 18. Identify the name, address and telephone number of the entity who owned the subject cable. Identify the tag number on the subject cable wire. State the date and nature of any complaint, warning or other notice that the defendant or defendant's agents received concerning a dangerous condition at the location of the subject incident and prior thereto. Attach a copy of any written complaint, warning or other notice. Identify the date, name, address, phone number, and employer of any person who inspected the subject location prior to the incident. Identify the date, name, address, and employer of any person who inspected the subject location after the incident, and the findings of any such inspections made of the subject location where Plaintiff fell, subsequent to the incident. This specifically includes but is not limited to a description of any exposed cable wire located near where Plaintiff fell or any other possible cause of Plaintiff's fall as alleged in the Complaint. Describe any markings or warnings in the subject area and any warnings to the Plaintiff including the date, nature and persons who made them.19. 20. 21. 22. 23. For each safety device in use at the time of the incident at or near the area where the subject incident occurred, including but not limited to cones, signs, flags, tape, and barriers, state its descriptions, location and purpose. Please include when such device(s) were installed and who installed them. Describe all procedures for burying cable wires and identify the contractor or in- house supervisor responsible at the time of the subject accident for ensuring exposed cable wires are buried. For each repair, replacement, alteration, or safety precaution made subsequent to and in the area of the alleged incident, state the date, description, reasons and name, current address, employer, and occupation of the person who made it. Please state the name and address of the person or persons with the most knowledge of the subject cable work performed at the location where the accident, incident or event described in the Complaint occurred prior to the date of loss. For each prior accident which occurred, or has been alleged to have occurred in a similar manner to the subject incident (trip and fall, fall-down incidents), state information sufficient to identify it, such as date, name and last known address of persons involved, description of incident, and identify any related lawsuit.25. 26. 27. Is the Defendant properly named in the Complaint? If your answer is no, please state the exact name of the Defendant as it should appear in the Complaint. (This question is being asked simply to name the Defendant properly in the Complaint and is in no way asking the Defendant to admit negligence or imply that the Defendant is negligent). For each matter in Plaintiffs Request for Admissions served concurrently herewith, except those to which you responded with an unequivocal admission, please state each and every fact upon which you base said response, identify each and every writing, document, recording, photograph or other tangible thing, that you contend supports said response, and identify each and every person that you contend has knowledge of any fact on which you contend supports said response and set forth each person's last known address and telephone number. Are you aware of any incident other than the accident that is the subject of this litigation in which the plaintiff was or might have been injured? If yes, please state the nature, date(s) and place(s) of all such incidents, the injuries allegedly sustained therein, the names and addresses of all witnesses with any knowledge concerning each such incident, and describe with particularity any and all records, documents or things in your possession or control that relate or refer to each such incident.STATE OF FLORIDA ) COUNTY OF ) | HEREBY CERTIFY that on this day before me, an officer duly qualified to take acknowledgments, personally appeared who is personally known to me or who has produced as identification and who did not take an oath, and acknowledged that he/she has read the answers to the foregoing interrogatories and that they are true to the best of his/her knowledge and belief. WITNESS my hand and official seal in the County and State last aforesaid this day of , 2017. NOTARY PUBLIC My Commission Expires: