Plaintiff's Interrogatories and Requests for Production to Defendants-Trucking Case (Third Party)
Plaintiff’s Interrogatories and Requests for Production to Defendants [Defendant] and [Defendant, Inc.]
NOW COMES Plaintiff, , by and through their attorneys, _and for their Interrogatories and Request to Produce to Defendants. Plaintiffs hereby request that Defendants, , respond, under oath, to the following Interrogatories and Requests within twenty-eight (28) days of the date of service hereof and in conformity with [Rule].
The information available to you shall include all information which is within the possession or knowledge of your agents, employees, attorneys, investigators or insurance carrier(s), or the agents investigators, officers or employees or such insurance carrier(s). The interrogatories and requests are to be deemed continuing and supplemental answers are to be timely made by the defendants, or if the defendants, their agents, or attorneys obtain or receive additional information of the nature sought by these interrogatories and requests at any time prior to the trial of this cause.
Definitions
As used herein, the terms listed below are defined as follows:
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“Document” means every writing, printing, record, graphic, photographic or sound reproduction of every type and description — be it tangible in the form of paper or intangible in the form of electronic communications — that is in your possession, control, custody and knowledge which refers to or was prepared before, during, and after the incident or search defined below, including but not limited to, correspondence, electronic mail (“e-mail”), memoranda of agreements, assignments, meeting minutes, memoranda, stenographic or handwritten notes, diaries, notebooks, account books, orders, invoices, statements, bills, checks (or check stubs or records), vouchers, purchase orders, reports, studies, surveys, charts, maps, analyses, publications, books, pamphlets, periodicals, catalogues, brochures, schedules, circulars, bulletins, notices, instructions, manuals, journals, data sheets, work sheets, statistical compilations, data processing cards, microfilms, computer records (including printouts, floppy or other magnetic storage media), tapes, photographs (positive or negative prints), drawings, films, videotapes, pictures, voice recordings, electronic mail (e-mail); every copy of such writing or record when such copy contains any commentary or notation whatsoever that does not appear on the original. Plaintiff expressly intends for the term “document” to include any attachments or exhibits to the requested document, or any other documents referred to in the requested document or incorporated by reference.
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“Person” means any natural person, corporation, partnership, proprietorship, association, organization, group of persons, or any governmental body or subdivision thereof.
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“You,” “Your,” or “Defendant” refers to Defendant [Defendant, Inc.], all of its operating divisions, subsidiaries and affiliates, both domestic and foreign, and any predecessor or successor entities thereto.
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“Defendant” refers to Defendant , the [Defendant, Inc.] employee involved in the subject collision.
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“Defendant’s Vehicle” refers to the motor vehicle involved in the subject collision.
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“Subject incident” or “subject occurrence” or “subject collision” means the incident of [date] on or around , at or near the intersection of , in the City of , County of , State of , which gives rise to this lawsuit.
Interrogatories
Contentions
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Do you contend that you have been improperly named in the sense that the incorrect corporate entity has not been properly styled in the caption of this matter and/or that an improper or incorrect agent for service was utilized to effectuate service upon you? If your answer to either of these inquiries is “yes,” please provide a detailed explanation as to why you contend you have been improperly named or the agent used for service was improper and provide the complete name of the entity you contend should have named and/or served.
ANSWER
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Do you contend that venue is improper in this Court, jurisdiction is lacking over you in this Court, or that service of process has been deficient on you in this matter? If so, please describe and state with specificity all factual and legal bases supporting any such contention(s).
ANSWER
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Other than your response to Interrogatory 2, do you contend that there are any factual or legal bases upon which this matter should be dismissed as a matter of law? If so, please identify any such contentions and describe and state with specificity all factual and legal bases supporting any such contention(s).
ANSWER
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Do you contend that Plaintiff committed any negligent act or omission that played any part in causing the subject incident or the injuries or damages complained of by Plaintiff? Please state “Yes” or “No.” If your answer is in the affirmative in any way, please state and describe specifically each any negligent act or omission by Plaintiff that you claim supports your contention.
ANSWER
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Do you contend that anyone not a defendant in this action caused or contributed to cause the injuries to Plaintiff? Please state “Yes” or “No.” If your answer is in any way in the affirmative, please state the name, present or last known residence or business address, and business and home telephone numbers of said person or entity you contend contributed to or caused the injuries to Plaintiff, specify what acts or omissions of each such person you contend caused or contributed to cause the injuries to Plaintiff, and state the factual and legal basis of each such contention.
ANSWER
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Do you contend there were any manufacturing, design, or other defects or malfunctions in the [vehicle] driven by Plaintiff at the time of the subject incident that in any way affected its safety or performance or contributed to the subject incident? Please state “Yes” or “No.” If your answer is in any way in the affirmative, describe with specificity the nature of each such defect or malfunction you contend affected the safety or performance of the [vehicle] and how it may have affected the safety or performance or contributed to the subject incident.
ANSWER
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Do you contend there were any manufacturing, design, or other defects or malfunctions in the subject [vehicle] at the time of the subject incident that in any way affected its safety or performance or contributed to the subject incident? Please state “Yes” or “No.” If your answer is in any way in the affirmative, describe with specificity the nature of each such defect or malfunction you contend affected the safety or performance of the [vehicle] and how it may have affected the safety or performance or contributed to the subject incident.
ANSWER
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Please state in detail how you contend the subject occurrence took place and the order in which the events took place, to include the purpose of the trip by Defendant ___________, the point of origin of his trip, any stops he made after leaving his point of departure but before the subject incident, his intended destination, and where he in fact went following the subject incident. Please include in this response a listing of each person, force of nature, act of God, and/or circumstance you contend to have caused or contributed to causing the subject occurrence and/or any of Plaintiff’s injuries.
ANSWER
Corporate Information
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State the names and addresses of all persons employed or working for [Defendant, Inc.] who have investigated the subject collision or discussed the subject collision with your insurer or any of its divisions, subsidiaries, or associated entities by whatever name known, or Defendant , the driver of the subject vehicle involved in this collision.
ANSWER
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Please identify all the corporate officers of [Defendant, Inc.], the date of incorporation, the state(s) and/or country in which it was and is now incorporated, the address(es) of the principal place(s) of business of [Defendant, Inc.], and the nature of [Defendant, Inc.’s] business.
ANSWER
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Please state as of [date], how many vehicles were owned or leased as part of the operation of [Defendant, Inc.], how many drivers are employed by [Defendant, Inc.], and the identities of all states or countries in which [Defendant, Inc.] drivers operate vehicles.
ANSWER
Insurance Information
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If you, [Defendant] and/or the vehicle you were operating at the time of the subject collision are covered by any liability insurance, including excess or umbrella coverage or coverage by any other description, which does or may afford insurance coverage for the claims made in this lawsuit, please state the name of each insurance company issuing policy, the applicable liability limits concerning each policy, the named insured(s) under each policy, all applicable policy numbers, and whether the defense of this has been undertaken subject to any reservation of rights by any such insurer.
ANSWER
The Subject Incident
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State whether or not this defendant admits that the driver of its vehicle, Defendant , negligently caused the subject occurrence. If your answer is in the negative in anyway, please explain the basis for contesting negligence.
ANSWER
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Please identify every person whom you believe does have, or may have, any information of any kind about the collision complained of in this case or any other information pertaining to any issue of liability in this case, including with each such person’s identity a brief description of the nature of such person’s knowledge. (For example: eyewitness, investigating police officer, medical personnel, etc.)
ANSWER
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Please identify all persons (whether medical providers, lay persons, or anyone else) who you believe does have, or may have, any relevant information relative to Plaintiff’s health condition prior to or subsequent to the collision in this case, information relative to the Plaintiff’s physical and mental suffering as a result of this collision, or any information...
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