Preview
Filing # 84274111 E-Filed 02/01/2019 11:19:33 AM
0444963532.2
IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT
IN AND FOR ORANGE COUNTY, FLORIDA
CIVIL DIVISION
MICHAEL TILLAGE, CASE NO.
2019-CA-23- O
PLAINTIFF(S),
VS.
GREGORY DANIEL SMITH, AND MIRANDA
MARIE SMITH,
DEFENDANT(S).
DEFENDANT’S NOTICE OF SERVICE OF AUTOMOBILE
INTERROGATORIES TO PLAINTIFF
Plaintiff, MICHAEL TILLAGE, is hereby requested and required to answer, under
oath, in writing, and within the time allowed by the Florida Rules of Civil Procedure, the
attached thirty (30) Interrogatories propounded by the Defendants, GREGORY DANIEL
SMITH AND MIRANDA MARIE SMITH. The Plaintiff is further requested to serve said
answers in accordance with Florida Rule of Civil Procedure 1.340.
CASE NO. 2019-CA-23- O
I HEREBY CERTIFY that on the 1 day of February , 2019,
pursuant to Administrative Order No. AOSC13-49, a copy of the foregoing Defendant(s) Notice
of Service of Interrogatories to Plaintiff, MIKE TILLAGE, has been electronically filed and
served using the Florida Courts E-Filing Portal; AND a copy of the foregoing Notice of Service
together with the Interrogatories has been furnished by E-mail to:
Attorney for Plaintiff
Tiffany M. Faddis, Esquire
Dan Newlin & Partners
7335 W Sand Lake Rd Ste 250
Orlando FL 32819
Tiffany.Faddis@newlinlaw.com
Tfaddispleadings@Newlinlaw.com
collin.pitney@newlinlaw.com
407-845-1756
LAW OFFICES OF ROBERT J. SMITH
390 North Orange Avenue, Suite 895
Orlando, FL 32801-1635
Telephone: (407) 428-0331
Toll Free: (877) 536-5404 ext 4280331
Attorney Direct: (239) 334-2065
Fax: (877) 437-1334
By:
JENNIE ZILNER LIPPERT
FL Bar No. 98184
Attorney for Defendant(s)
GREGORY DANIEL SMITH and MIRANDA
MARIE SMITH
PRINCIPAL E-MAIL ADDRESS:
ORLANDOLEGAL@ALLSTATE.COM
2
CASE NO. 2019-CA-23- O
AUTOMOBILE INTERROGATORIES TO PLAINTIFF
MICHAEL TILLAGE
INSTRUCTIONS: Please insert your answers in the space provided following each 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 relationship with the party to whom the
interrogatories are directed?
2. List the names, business addresses, dates of employment, and rates of pay regarding all
employers, including self-employment, for whom you have worked in the past ten (10) years.
3
CASE NO. 2019-CA-23- O
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
security number, 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 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?
5. 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 one (1) year, or that involved dishonesty or a false statement regardless of the punishment?
If so, state as to each conviction, the specific crime, the date and the place of conviction.
4
CASE NO. 2019-CA-23- O
6. Were you suffering from any physical infirmity, disability, or sickness at the time of the
occurrence of the incident described in the Complaint?
If so, 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 so, 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, including all
actions taken by you to prevent the incident.
5
CASE NO. 2019-CA-23- O
9. 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.
10. 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 this charge, and if so, what is the name and address of the person or entity that
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 was the
name and address of the person who recorded the testimony?
6
CASE NO. 2019-CA-23- O
11. Describe each injury for which you are claiming damages in this case specifying the part of
your body that was injured; the nature of the injury; and, as to any injuries you 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 earning capacity that you
claim to have incurred as a result of the incident described in the Complaint, giving for 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.
7
CASE NO. 2019-CA-23- O
13. Do you contend that you have lost any income, benefits, or earning capacity in the past or
future as a result of the incident described in the Complaint?
If so, state the nature of the income, benefits, or earning capacity, 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 so, state the amounts paid or payable, the name and business address of the person or entity
who paid or owes said amounts, and which of those third parties have 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.
8
CASE NO. 2019-CA-23- O
15. List the name and business address of each physician who 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 injury or 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 providers by 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
injury for which you were examined or treated.
9
CASE NO. 2019-CA-23- O
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 subject matter 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 so, 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.
10
CASE NO. 2019-CA-23- O
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 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.
20. Do you intend to call any expert witness 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.
11
CASE NO. 2019-CA-23- O
21. Have you made an agreement with anyone that would limit that 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.
22. Please state if you have ever been a party, either plaintiff or defendant, in a lawsuit other than
the present matter?
If so, state whether you were the plaintiff or defendant, the nature of the action, and the date
and Court in which suit was filed.
23. At the time of the incident described in the Complaint, were you wearing a seat belt?
If not, please state why not; were you seated in the vehicle; and whether the vehicle was
equipped with a seat belt that was operational and available for your use.
12
CASE NO. 2019-CA-23- O
24. 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?
25. List the names, addresses, telephone numbers of all companies, entities, or individuals where
you have applied for employment in the past three (3) years.
26. With respect to any injuries or symptoms described in your answer to Interrogatory 11,
please state whether you, at any other time, ever had any similar injury to or similar symptom
of the same or similar area of your body?
If so, itemize each such injury or symptom, the part of your body involved, the date and
duration of such injury or symptom, and the names and addresses of any physician or
hospitals that treated you for such injury or symptom.
13
CASE NO. 2019-CA-23- O
27. State whether or not you have been involved in any accidents or incidents resulting in
personal injury prior to or after the incident described in the Complaint?
If so, state the place of each of said accidents or incidents, the date of each said accident or
incident, any personal injuries that you may have received in any such accident or incident,
the name of each and every medical practitioner treating you or examining you for each of
the said injuries.
28. State whether or not, in the past five (5) years, you made application for any insurance or
employment requiring a physical examination?
If so, state the name and address of the medical practitioner who examined you, giving the
date of the examination, and the name and address of such insurance company and/or
employer.
14
CASE NO. 2019-CA-23- O
29. Have you ever received a disability rating of any type whatsoever from any individual or
private governmental organization before or after the incident described in the Complaint and
not related to the incident described in the Complaint?
If so, state as to each the name and address of the physician or organization giving such
rating, the date of the rating, the amount of the disability rating, and describe the nature of the
incident causing the disability rating.
30. List the names of all individuals who resided at the same address with you on the date of the
incident alleged in the Complaint; and whether any such individuals owned a motor vehicle
at the time of the incident alleged in the Complaint?
If so, identify the individual owning the motor vehicle, the type of motor vehicle owned, and
the name and address of the insurer, if any, providing insurance coverage for the owner or
vehicle identified.
15
CASE NO. 2019-CA-23- O
STATE OF )
: SS
COUNTY OF )
BEFORE ME, the undersigned authority, personally appeared MIKE TILLAGE, who
is personally known to me, or
has produced , as identification,
and being duly sworn, on oath, deposes and says that the foregoing Answers to Interrogatories
propounded on the 1 day of February , 2019, are true and correct to the
best of his/her knowledge, and that he/she has read the foregoing Answers to Interrogatories and
knows the contents thereof.
MIKE TILLAGE
SWORN TO AND SUBSCRIBED before me this
day of , 2019.
NOTARY PUBLIC
My Commission Expires:
16
Preview
Filing # 84274111 E-Filed 02/01/2019 11:19:33 AM 0444963532.2 IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR ORANGE COUNTY, FLORIDA CIVIL DIVISION MICHAEL TILLAGE, CASE NO. 2019-CA-23- O PLAINTIFF(S), VS. GREGORY DANIEL SMITH, AND MIRANDA MARIE SMITH, DEFENDANT(S). DEFENDANT’S NOTICE OF SERVICE OF AUTOMOBILE INTERROGATORIES TO PLAINTIFF Plaintiff, MICHAEL TILLAGE, is hereby requested and required to answer, under oath, in writing, and within the time allowed by the Florida Rules of Civil Procedure, the attached thirty (30) Interrogatories propounded by the Defendants, GREGORY DANIEL SMITH AND MIRANDA MARIE SMITH. The Plaintiff is further requested to serve said answers in accordance with Florida Rule of Civil Procedure 1.340. CASE NO. 2019-CA-23- O I HEREBY CERTIFY that on the 1 day of February , 2019, pursuant to Administrative Order No. AOSC13-49, a copy of the foregoing Defendant(s) Notice of Service of Interrogatories to Plaintiff, MIKE TILLAGE, has been electronically filed and served using the Florida Courts E-Filing Portal; AND a copy of the foregoing Notice of Service together with the Interrogatories has been furnished by E-mail to: Attorney for Plaintiff Tiffany M. Faddis, Esquire Dan Newlin & Partners 7335 W Sand Lake Rd Ste 250 Orlando FL 32819 Tiffany.Faddis@newlinlaw.com Tfaddispleadings@Newlinlaw.com collin.pitney@newlinlaw.com 407-845-1756 LAW OFFICES OF ROBERT J. SMITH 390 North Orange Avenue, Suite 895 Orlando, FL 32801-1635 Telephone: (407) 428-0331 Toll Free: (877) 536-5404 ext 4280331 Attorney Direct: (239) 334-2065 Fax: (877) 437-1334 By: JENNIE ZILNER LIPPERT FL Bar No. 98184 Attorney for Defendant(s) GREGORY DANIEL SMITH and MIRANDA MARIE SMITH PRINCIPAL E-MAIL ADDRESS: ORLANDOLEGAL@ALLSTATE.COM 2 CASE NO. 2019-CA-23- O AUTOMOBILE INTERROGATORIES TO PLAINTIFF MICHAEL TILLAGE INSTRUCTIONS: Please insert your answers in the space provided following each 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 relationship with the party to whom the interrogatories are directed? 2. List the names, business addresses, dates of employment, and rates of pay regarding all employers, including self-employment, for whom you have worked in the past ten (10) years. 3 CASE NO. 2019-CA-23- O 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 security number, 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 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? 5. 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 one (1) year, or that involved dishonesty or a false statement regardless of the punishment? If so, state as to each conviction, the specific crime, the date and the place of conviction. 4 CASE NO. 2019-CA-23- O 6. Were you suffering from any physical infirmity, disability, or sickness at the time of the occurrence of the incident described in the Complaint? If so, 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 so, 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, including all actions taken by you to prevent the incident. 5 CASE NO. 2019-CA-23- O 9. 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. 10. 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 this charge, and if so, what is the name and address of the person or entity that 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 was the name and address of the person who recorded the testimony? 6 CASE NO. 2019-CA-23- O 11. Describe each injury for which you are claiming damages in this case specifying the part of your body that was injured; the nature of the injury; and, as to any injuries you 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 earning capacity that you claim to have incurred as a result of the incident described in the Complaint, giving for 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. 7 CASE NO. 2019-CA-23- O 13. Do you contend that you have lost any income, benefits, or earning capacity in the past or future as a result of the incident described in the Complaint? If so, state the nature of the income, benefits, or earning capacity, 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 so, state the amounts paid or payable, the name and business address of the person or entity who paid or owes said amounts, and which of those third parties have 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. 8 CASE NO. 2019-CA-23- O 15. List the name and business address of each physician who 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 injury or 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 providers by 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 injury for which you were examined or treated. 9 CASE NO. 2019-CA-23- O 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 subject matter 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 so, 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. 10 CASE NO. 2019-CA-23- O 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 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. 20. Do you intend to call any expert witness 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. 11 CASE NO. 2019-CA-23- O 21. Have you made an agreement with anyone that would limit that 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. 22. Please state if you have ever been a party, either plaintiff or defendant, in a lawsuit other than the present matter? If so, state whether you were the plaintiff or defendant, the nature of the action, and the date and Court in which suit was filed. 23. At the time of the incident described in the Complaint, were you wearing a seat belt? If not, please state why not; were you seated in the vehicle; and whether the vehicle was equipped with a seat belt that was operational and available for your use. 12 CASE NO. 2019-CA-23- O 24. 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? 25. List the names, addresses, telephone numbers of all companies, entities, or individuals where you have applied for employment in the past three (3) years. 26. With respect to any injuries or symptoms described in your answer to Interrogatory 11, please state whether you, at any other time, ever had any similar injury to or similar symptom of the same or similar area of your body? If so, itemize each such injury or symptom, the part of your body involved, the date and duration of such injury or symptom, and the names and addresses of any physician or hospitals that treated you for such injury or symptom. 13 CASE NO. 2019-CA-23- O 27. State whether or not you have been involved in any accidents or incidents resulting in personal injury prior to or after the incident described in the Complaint? If so, state the place of each of said accidents or incidents, the date of each said accident or incident, any personal injuries that you may have received in any such accident or incident, the name of each and every medical practitioner treating you or examining you for each of the said injuries. 28. State whether or not, in the past five (5) years, you made application for any insurance or employment requiring a physical examination? If so, state the name and address of the medical practitioner who examined you, giving the date of the examination, and the name and address of such insurance company and/or employer. 14 CASE NO. 2019-CA-23- O 29. Have you ever received a disability rating of any type whatsoever from any individual or private governmental organization before or after the incident described in the Complaint and not related to the incident described in the Complaint? If so, state as to each the name and address of the physician or organization giving such rating, the date of the rating, the amount of the disability rating, and describe the nature of the incident causing the disability rating. 30. List the names of all individuals who resided at the same address with you on the date of the incident alleged in the Complaint; and whether any such individuals owned a motor vehicle at the time of the incident alleged in the Complaint? If so, identify the individual owning the motor vehicle, the type of motor vehicle owned, and the name and address of the insurer, if any, providing insurance coverage for the owner or vehicle identified. 15 CASE NO. 2019-CA-23- O STATE OF ) : SS COUNTY OF ) BEFORE ME, the undersigned authority, personally appeared MIKE TILLAGE, who is personally known to me, or has produced , as identification, and being duly sworn, on oath, deposes and says that the foregoing Answers to Interrogatories propounded on the 1 day of February , 2019, are true and correct to the best of his/her knowledge, and that he/she has read the foregoing Answers to Interrogatories and knows the contents thereof. MIKE TILLAGE SWORN TO AND SUBSCRIBED before me this day of , 2019. NOTARY PUBLIC My Commission Expires: 16