Premises Liability Interrogatories Propounded by Plaintiff
Premises Liability Interrogatories Propounded by Defendant
1.
State:
(a)
The name and address of the person or persons answering these interrogatories;
(b)
His/her relationship to defendant; and,
(c)
His/her position of employment.
2.
Background Information: State:
(a)
Defendant's full name;
(b)
Name of defendant's spouse;
(c)
Defendant's maiden name, if applicable;
(d)
Defendant's age and date of birth;
(e)
Defendant's Social Security number;
(f)
Defendant's present address;
(g)
Any other addresses at which defendant has lived during the past five years;
(h)
Defendant's present employer's name and position of employment; and,
(i)
Previous employers' names for the past five years and the dates of employment
there.
3.
Statements: State whether or not, following the date of the occurrence mentioned
in the petition in this case, a statement, interview, or report, or
stenographic, mechanical, electrical, audio, video, motion picture, photograph,
or other recording, or transcription thereof, of the plaintiff, or of a
statement made by plaintiff and contemporaneously recorded, has been secured
from plaintiff or taken of plaintiff, and if so, state the following:
(a)
Date, place, and time taken;
(b)
Name and address of the person or persons connected with taking it;
(c)
Names and addresses of all persons present at the time it was taken;
(d)
Whether the statement was oral, written, shorthand, recorded, taped, etc.;
(e)
Whether it was signed;
(f)
Names and addresses of the persons or organizations under whose direction and
upon whose behalf it was taken or made; and,
(g)
Please attach an exact copy of the original of said statement, interview,
report, film or tape to your answers to these interrogatories; if oral, please
state verbatim the contents thereof.
4.
Photographs: State whether there exists photographs, videotapes, or movies with
respect to the scene of the occurrence mentioned in plaintiff's petition taken
within one year prior or subsequent to the incident mentioned in plaintiff's
petition. If so, state the following:
(a)
Describe each photograph, video, or movie;
(b)
State the date each was taken;
(c)
State the name and address of the person taking each such photo, video, or
movie; and,
(d)
State the name and address, employer, insurer, and job title of the person
presently having control or custody of each photograph, video or movie.
5.
Experts: List and identify:
(a)
Each person this defendant expects to call as an expert witness at the trial,
whether the witness is a retained expert or non-retained expert, stating for
each such expert:
(i)
Name;
(ii)
Address;
(iii)
Occupation;
(iv)
Place of employment;
(v)
Qualifications to give an opinion (if such information is available on an
expert's curriculum vitae, you may attach a copy thereof in lieu of
answering this interrogatory subpart); and,
(b)
With respect to each expert listed, please state the subject matter on which
the expert is expected to testify and the expert's hourly deposition fee.
6.
Witnesses: State the names and addresses of every person known by defendant,
defendant's representatives or defendant's attorney to have witnessed the
occurrence mentioned in plaintiff's petition, or who were present at the scene
within sixty minutes of the occurrence. Designate which of such people actually
claim to have witnessed the occurrence.
7.
Criminal Record: State whether defendant has ever pleaded guilty to or has ever
been convicted of a felony or misdemeanor, and if your answer is in the
affirmative, please state:
(a)
The date of any such plea or conviction;
(b)
The state where said plea or conviction occurred; and,
(c)
The offense for which defendant pleaded guilty or was convicted.
8.
Violations:
State
whether defendant or defendant's representatives was/were convicted of or
pleaded guilty to any violation of a law or ordinance arising out of the
defective condition of the property alleged in plaintiff's petition within
ninety days before and after the occurrence in question, and if so, state the
charges to which such person was convicted or pleaded guilty, the name and
address of the court where same occurred, the date of final disposition, and the
cause number for each such plea or conviction.
9.
Insurance: State whether or not any insurance company has an interest in the
outcome of this litigation against defendant. If so, state the following:
(a)
The name of the insurance company;
(b)
Whether the insurance company is a stock company or a mutual company;
(c)
The name of the insured;
(d)
Type(s) of insurance;
(e)
Effective policy period;
(f)
Policy number;
(g)
Policy limits; and,
(h)
Attach a copy of the declaration page or certificate of coverage of such
policy of insurance to your answers to these interrogatories.
10.
Status of Defendant: State whether or not defendant is incorporated, and if so,
state:
(a)
The state of incorporation;
(b)
The exact name of the corporation as it appears in its articles of
incorporation; and,
(c)
If defendant is not incorporated, state whether or not it is a partnership,
and if so, give the names of all partners of or if it is a municipal
corporation or a political organization, state its exact name and in what
state it is organized to do business.
11.
Ownership Interest in Property: State whether or not this defendant was the
owner of the property mentioned in plaintiff's petition, and if so, state:
(a)
The date acquired;
(b)
The name and address from whom acquired;
(c)
If defendant has sold the property subsequent to the occurrence in question,
please give the date that it was sold and the name and address to whom it was
sold; and,
(d)
If defendant denies that it was the owner at the time and place of the
occurrence in question, please state to the best of defendant's knowledge, the
name and address of the titled owner at the time of said occurrence.
12.
Relationship of Defendant to Owner of Property: If defendant was not the owner
of said property, state whether or not the defendant had any relationship with
the owner of said property, including management of said property, securing
repairs for said property, or obtaining rents for said property, and state the
nature of said relationship.
13.
Maintenance: State the name and address of the person or entity that was
employed to maintain the area wherein the alleged occurrence took place at or
near the time of the incident, and further state whether or not this person or
entity was an employee of defendant or was a separate person or company hired by
defendant to maintain this area.
14.
Personal Information: If defendant is an individual rather than a corporation or
a partnership, state your present residence address, business address, and job
title, and if married, state the name of your spouse and whether or not he/she
is employed outside the home, and if so, state his/her job title and business
address:
15.
Repairs Prior to Alleged Incident: State if any repairs were made to the area
referred to in plaintiff's petition within one year before said alleged
occurrence, and is so, state:
(a)
The date of said repair;
(b)
The name and address of the person or entity that made the repair;
(c)
When the repairs were made; and,
(e)
State who employed the person or entity that performed said repairs.
16.
Repairs Subsequent to Alleged Incident: State whether defendant knows of any
person or entity that has made any changes within one year after the occurrence
in question to the area referred to in plaintiff's petition, and if so, state:
(a)
The person/entity making said repairs;
(b)
The dates of said repairs;
(c)
The purpose of said repairs; and,
(d)
What said repairs consisted of.
17.
Witnesses to Condition of Property: State the names, addresses, and employers of
all witnesses to the condition of the premises in the area mentioned in
plaintiff's petition within sixty minutes before or after the incident mentioned
in plaintiff's petition. State whether or not they are presently employed by
this defendant, and if so, state their present job title.
18.
Ownership Interest: State whether or not this defendant was the sole owner of
the property at the time of the occurrence mentioned herein or, if not the sole
owner, state:
(a)
The type of ownership interest he/she/it had in the property;
(b)
If others also had an interest in the property;
(c)
What type of interest other persons had in the property; and,
(d)
Their name, present residence and business address.
19.
Partnership Status: State whether or not this defendant was a member of a
partnership which was the owner of the property where the occurrence referred to
in plaintiff's petition took place, and if so, state:
(a)
The name and address of the partnership;
(b)
State the names and addresses of each member of the partnership;
(c)
State whether or not the partnership was incorporated, and if so, give the
name and address of the corporation; and,
(d)
If the corporation forfeited its charter, state the exact time that it
forfeited its charter and give the names and addresses of the Board of
Directors and the names and addresses of the Officers of the corporation.
20.
Leasehold Interest Information: State whether or not the defendant was either
the lessor or lessee of the property wherein the plaintiff alleges his/her
accident occurred on the date of the incident set out in plaintiff's petition.
Please state:
(a)
Whether the defendant was either the lessor or lessee;
(b)
Other parties to the lease;
(c)
The date of any leaseholder or possessory interest acquired in said property;
(d)
If there is a contract regarding any leasehold interest; and,
(e)
Produce copies of leases relating to the property.
21.
Police Reports: State whether or not a police report was made pertaining to the
alleged incident, and if so, state:
(a)
The name and address of the police department;
(b)
The complaint number; and,
(c)
The investigating officer, and if you will do so without a request to produce,
attach a copy of the police report to your answers to interrogatories.
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here to download the foregoing interrogatories
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1. Please state:
(a) The name and address of the person or persons answering these
interrogatories;
(b) His/her relationship to defendant; and,
(c) His/her position of employment.
2. Background Information: Please state:
(a) Plaintiff's full name;
(b) Name of plaintiff's spouse and date of marriage;
(c) Plaintiff's maiden name, if applicable;
(d) Plaintiff's age and date of birth;
(e) Plaintiff's Social Security number;
(f) Plaintiff's present address;
(g) Any other addresses at which plaintiff has lived during the past five
years;
(h) Plaintiff's present employer's name and position of employment; and,
(i) Previous employers' names for the past five years and the dates of
employment there.
(j) Whether or not at the time of the occurrence referred to in plaintiff's
petition, this defendant was performing any business task or job at the
request of or on behalf of defendant's employer, and if so, please state the
nature of the task or job being performed and the name of the employer.
3. Statements: Are you aware of any statement made by defendant (or its
employees) regarding the occurrence mentioned in the petition, whether oral,
written, or recorded in any way, including but not limited to, a stenographic,
mechanical, electrical, audio, video, motion picture, photograph, or other
recording, or transcription thereof, and if so, state the following:
(a) Date, place, and time taken;
(b) Name and address of the person or persons connected with taking it;
(c) Names and addresses of all persons present at the time it was taken;
(d) Whether the statement was oral, written, shorthand, recorded, taped,
etc.;
(e) Was it signed?
(f) Names and addresses of the persons or organizations under whose
direction and upon whose behalf it was taken or made; and,
(g) Please attach an exact copy of the original of said statement,
interview, report, film or tape to your answers to these interrogatories; if
oral, please state verbatim the contents thereof.
4. Photographs: State whether there exists photographs, videotapes, or movies
with respect to the automobiles or scene of the occurrence mentioned in the
petition. If so, state the following:
(a) Describe each photograph, video, or movie;
(b) State the date each was taken;
(c) State the name and address of the person taking each such photo, video,
or movie; and,
(d) State the name and address, employer, insurer, and job title of the
person presently having control or custody of each photograph, video or movie.
5. Experts: List and identify:
(a) Each person this defendant expects to call as an expert witness at the
trial, whether the witness is a retained expert or non-retained expert,
stating for each such expert:
(i) Name;
(ii) Address;
(iii) Occupation;
(iv) Place of employment;
(v) Qualifications to give an opinion (if such information is available
on an expert's curriculum vitae, you may attach a copy thereof in lieu of
answering this interrogatory subpart); and,
(b) With respect to each expert listed, please state the subject matter on
which the expert is expected to testify and the expert's hourly deposition
fee.
6. Witnesses: State the names and addresses of every person known by
plaintiff, plaintiff's representatives or plaintiff's attorney, to have
witnessed the occurrence mentioned in the petition, or who was present at the
scene within sixty minutes of the occurrence. Designate which of such people
actually claim to have witnessed the occurrence.
7. Criminal Record: State whether plaintiff has ever pleaded guilty to or has
ever been convicted of a felony or misdemeanor, (State or Federal) and if your
answer is in the affirmative, please state:
(a) The date of any such plea or conviction;
(b) The state and county where said plea or conviction occurred; and,
(c) The offense for which plaintiff pled guilty or were convicted.
8. Destination, Etc.: State where plaintiff was coming from and the place of
plaintiff's destination at the time of the collision in question.
9. Alcohol, etc.: State whether the plaintiff consumed alcoholic beverages,
medication, or prescription or non-prescription drugs within a ten (10) hour
period prior to the occurrence in question, and if so, state the names and
addresses of the places where said alcoholic beverages, medication or drugs were
consumed and described the quantity and type of drinks, medication or drugs
which were consumed in said period of time.
10. Injuries: State the parts of plaintiff's body, if any, injured in the
occurrence mentioned in the petition, and for each part of his/her body so
injured state the following:
(a) The date of onset of any symptoms claimed to be related to each such
alleged injury;
(b) Whether plaintiff continues to have complaints with respect to that
part of his/her body.
11. Other Illnesses or Injuries: Has plaintiff had any illnesses, impairment
or injuries to the parts of the body injured in the occurrence mentioned in the
petition, either before or after the collision which is the subject of this
lawsuit? If you answered "YES" to this question, please state the
following for each injury:
(a) The date sustained or suffered;
(b) The parts of the body involved;
(c) The nature or type;
(d) The name and address of each health care provider who treated or
examined plaintiff.
12. Claims and Lawsuits: Has plaintiff ever filed another lawsuit, made a
claim for bodily injury, or filed a workers' compensation claim? If you answered
"YES" to this question, please state the following for each claim or
lawsuit:
(a) The date filed or lodged;
(b) The nature or type of lawsuit or claim
(c) The name of the court, commission or other body in which the claim or
lawsuit was brought;
(d) The illnesses, injuries or physical condition alleged;
(e) State whether any money was received, whether by settlement or trial,
and if so, the amount; and,
(f) The names and addresses of all health care providers who treated
plaintiff or examined plaintiff for the claim or lawsuit.
13. Settlements: Has plaintiff received any settlement monies or other thing
of value from any person, company, firm, corporation or association involved in
this occurrence as a settlement, in whole or in part, of your claim? If you
answered "YES" to this question, please state the following:
(a) The name and address of the person, firm, association, company or
corporation from whom any such settlement was made;
(b) The name and address of the person, firm, association, company or
corporation on whose behalf any such settlement was made;
(c) The amount or value of any such settlement;
(d) Whether any forms or papers (settlement documents) were executed,
excluding statements of the facts, and describe and identify the nature of any
such papers or documents;
(e) If you do not possess or have access to the papers or forms (settlement
documents) mentioned in Number (d) above, then state the name and address of
the person, firm, association, company or corporation that has possession of
said papers or forms (settlement documents).
14. Amount Claimed: Pursuant to R.S.Mo. 509.050, what dollar amount of
damages is plaintiff seeking as compensation for your injuries? Please specify
the personal injury damages and property damages claimed.
15. Medical Care: State the names and addresses of all doctors, hospitals or
health care providers who have treated examined or attended plaintiff since the
occurrence in question and because of it, and for each listed, please state:
(a) The amount of the bill from each such health care provider for services
rendered because of the occurrence in question;
(b) The number of visits and the specific dates of each visit plaintiff has
made to each of these health care providers because of the occurrence;
(c) The conditions for which plaintiff was examined or treated; and,
(d) If you claim that plaintiff received a medical examination, care or
treatment because of the occurrence mentioned in the petition, please sign and
return the attached medical authorization, after inserting the names and
address of the doctors, hospitals or health care providers.
16. Lost Wages: Does plaintiff claim a loss of earnings, wages or income as a
result of the occurrence? If so, please state:
(a) The name and address of plaintiff's employer at the time of the
occurrence.
(b) The rate of pay with that employer;
(c) The amount of plaintiff's claim and show exactly how that amount was
calculated;
(d) List each day, by specific date, that plaintiff claims he/she has been
unable to work because of the occurrence;
(e) If plaintiff had a loss of income other than missing time from work,
state the amount of the loss, the nature of the loss, and how the amount of
the loss was calculated; and,
(f) Please sign the attached employer authorization and insert the name and
address of the employer.
17. Disability Application: Please state whether or not plaintiff has ever
applied for any type of disability benefit from any entity (governmental,
insurance, employer), and if so, please state:
(a) The date of each application;
(b) The name and address of the entity;
(c) The reason for the application (i.e., the nature of the injury causing
the disability);
(d) Whether or not any disability benefits were actually received; and,
(e) When payment of the benefits began and when it ended.
18. Application Statements: State whether plaintiff has made any written
statements or given information regarding plaintiff's physical condition in
connection with any application for employment or insurance since the date of
the collision and if so, please state:
(a) The name and address of the party to whom the statement was given; and,
(b) The date of the statement.
Right-click here
to download the foregoing interrogatories in Microsoft Word format (select
"save target as" in Internet Explorer or "save link as" in
Netscape).
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