General Interrogatories - Damages, Defenses and Denials

• Author: Kevin R. Culhane
• Pages: 133-158

3-133

Chapter 3

General Interrogatories—

Damages, Defenses and Denials

§300 Introduction

§310 General Damages

§320 Special and Punitive Damages

§330 Compensation From Collateral Sources

§340 Affirmative Defenses and Denials

§300 Introduction

§310 General Damages

§311 General Interrogatories

§311.1 Plaintiff to Defendant

§311.2 Defendant to Plaintiff

§312 Emotional Distress—Witnessing Harm to Third Person

§312.1 Plaintiff to Defendant

§312.2 Defendant to Plaintiff

§313 Death of Decedent

§314 Loss of Consortium

§314.1 Plaintiff to Defendant

§314.2 Defendant to Plaintiff

§315 Defendant’s Contentions re Apportionment of Damages

§320 Special and Punitive Damages

§321 General Interrogatories

§322 Special Damages—Defendant’s Contentions

§322.1 General Contentions

§322.2 Plaintiff’s Failure to Mitigate

§323 Punitive Damages

§323.1 Pretrial Discovery Regarding Financial Condition

§323.2 Sample: Motion for Order Permitting Discovery of Defendant’s Profits and Financial

Condition

§323.3 Plaintiff to Defendant

§323.3.1 Malice

§323.3.2 Oppression

§323.3.3 Ratification of Agent’s Acts

§323.4 Defendant to Plaintiff

§300 Model InterrogatorIes 3-134

§330 Compensation From Collateral Sources

§340 Affirmative Defenses and Denials

§341 Contentions and Related Facts

§342 Alcohol and Drugs-Plaintiff to Defendant

§343 Contributory and Comparative Negligence

§343.1 “Pure” Comparative Negligence

§343.2 Modified (“Less Than”) Comparative Fault

§343.3 Modified (“Not Greater Than”) Comparative Negligence

§343.4 Imputed Contributory or Comparative Negligence

§344 Assumption of Risk

§345 Preexisting Injuries

§346 Joint and Several Liability

§347 Defendant’s Contentions re Third Party Emotional Distress Claims

§348 Defendant’s Contentions re Negligence Per Se

§300 Introduction

This chapter sets forth a series of interrogatories that focus on the most common defenses asserted in tort litigation

practice. The interrogatories address the parties’ contentions regarding damages, the facts that support the various

defenses asserted, and the writings that support the defense. Since the interrogatories apply to most forms of litigation,

this chapter constitutes a basic reference source for the remainder of the chapters in the book.

§310 General Damages

§311 General Interrogatories

These interrogatories are for use by either the defendant or the plaintiff, and seek to ascertain the parties’ various

contentions regarding general damages. The section includes questions dealing with physical pain and suffering as

well as mental or emotional harm. It includes questions on various activities, sports, or hobbies which have been

impacted by the claimed injuries. As with the other contention interrogatories set forth in this book, these questions

require a statement of all pertinent facts, an identification of all persons who possess knowledge relating to of these

facts, and specific data which may be used to evaluate the claim. Defendants will ordinarily include these basic fact

interrogatories in their opening interrogatory set.

1. Do YOU contend that YOU suffered physical pain as a result of any injury sustained in the INCIDENT?

2. If your answer to interrogatory number 1 was yes, please set forth the nature of the physical pain.

3. If your answer to interrogatory number 1 was yes, please set forth the date that YOU first experienced the

physical pain.

4. If your answer to interrogatory number 1 was yes, please IDENTIFY any PERSON who has knowledge of

any fact pertaining to the physical pain.

5. If your answer to interrogatory number 1 was yes, please IDENTIFY any PERSON who can compare your

physical condition prior to and following the INCIDENT.

6. If your answer to interrogatory number 1 was yes, please set forth the amount of compensation to which YOU

claim to be entitled as a result of the physical pain.

7. Please set forth the method by which YOU calculated the amount to which YOU claim to be entitled as a

result of the physical pain.

8. Do YOU contend that YOU suffered any permanent disability as a result of any injury sustained in the INCIDENT?