Premises Liability Discovery | Interrogatories | Denver | D.J. Banovitz

PLAINTIFF’S FIRST SET OF PATTERN INTERROGATORIES, REQUESTS FOR PRODUCTION OF DOCUMENTS AND REQUESTS FOR ADMISSION TO DEFENDANTS

Plaintiff submits the following Pattern and Non-Pattern Interrogatories and Request for Production to Defendant pursuant to C.R.C.P. 16(b)(1)(IV), 26, and 33(e).

Section 1. Instructions to All Parties

(a) These are general instructions. For time limitations, requirements for service on other parties, and other details, see C.R.C.P. 16(b)(1)(IV), 26, 33, 121 § 1-12, and the cases construing those Rules.

(b) These interrogatories do not change existing law relating to interrogatories nor do they affect an answering party’s right to assert any privilege or objection.

Section 2. Instructions to the Answering Party

(a) An answer or other appropriate response must be given to each interrogatory checked by the asking party.

(b) As a general rule, within 30 days after you are served with these interrogatories, you must serve your responses on the asking party and serve copies of your responses on all other parties to the action who have appeared. See C.R.C.P. 33 for details.

(c) Each answer must be as complete and straightforward as the information reasonably available to you permits. If an interrogatory cannot be answered completely, answer it to the extent possible.

(d) If you do not have enough personal knowledge to fully answer an interrogatory, say so, but make a reasonable and good faith effort to get the information by asking other persons or organizations, unless the information is equally available to the asking party.

(e) Whenever an interrogatory may be answered by referring to a document, the document may be attached as an exhibit to the response and referred to in the response. If the document has more than one page, refer to the page and section where the answer to the interrogatory can be found.

(f) Whenever an address and telephone number for the same person are requested in more than one interrogatory, you are required to furnish them in answering only the first interrogatory asking for that information.

(g) Your answers to these interrogatories must be verified, dated, and signed. You may wish to use the following form at the end of your answers: “I declare under penalty of perjury under the laws of the State of Colorado that the foregoing answers are true and correct.”

(DATE) _____________ (SIGNATURE) ____________________________

Section 3. Definitions

Words in BOLDFACE CAPITALS in these interrogatories are defined as follows:

(a) INCIDENT includes the circumstances and events surrounding the alleged accident, injury, or other occurrence or breach of contract giving rise to this action or proceeding.

(b) YOU OR ANYONE ACTING ON YOUR BEHALF includes you, your agents, your employees, your insurance companies, their agents, their employees, your attorneys, your accountants, your investigators, and anyone else acting on your behalf.

(c) PERSON includes a natural person, firm, association, organization, partnership, business, trust, corporation, or public entity.

(d) DOCUMENT means a writing, as defined in CRE 1001 and includes the original or a copy of handwriting, typewriting, printing, photostating, photographing, and every other means of recording upon any tangible thing and form of communicating or representation, including letters, words, pictures, sounds, or symbols, or combinations of them.

(e) HEALTH CARE PROVIDER includes any PERSON or entity referred to as a “Health Care Professional” or “Health Care Institution” in C.R.S. 13-64-202(3) and (4).

(f) ADDRESS means the street address, including the city, state, and zip code.

PATTERN INTERROGATORIES

The following interrogatories have been approved by the Colorado Supreme Court under C.R.C.P. 16(b) (1)(IV), 26, and 33(e):

1.0 Identity of Persons Answering These Interrogatories

1.1 State the name, ADDRESS, telephone number, and relationship to you of each PERSON who prepared or assisted in the preparation of the responses to these interrogatories. (Do not identify anyone who simply typed or reproduced the responses.)

3.0 General Background Information – Business Entity

3.1 Are you a corporation? If so, state:

(a) the name stated in the current articles of incorporation;

(b) all other names used by the corporation during the past ten years and the dates each was used;

(d) the ADDRESS of the corporation’s principal place of business;

whether you are qualified to do business in Colorado.

3.6 Within the past five years, has any public entity registered or licensed your businesses? If so, for each license or registration:

(a) identify the license or registration;

(b) state the name of the public entity;

4.0 Insurance

4.1 At the time of the INCIDENT, was there in effect any policy of insurance through which you were or might be insured in any manner (for example, primary, pro rata, or excess liability coverage or medical expense coverage) for the damages, claims, or actions that have arisen out of the INCIDENT? If so, for each policy state:

(a) the kind of coverage;

(b) the name and ADDRESS of the insurance company;

(d) the policy number;

(e) the limits of coverage for each type of coverage contained in the policy;

(f) whether any reservation of rights or controversy or coverage dispute exists between you and the insurance company;

(g) the name, ADDRESS, and telephone number of the custodian of the policy.

4.2 Are you self-insured under any statute for the damages, claims, or actions that have arisen out of the INCIDENT? If so, specify the statute.

12.0 Investigation – General

12.1 State the name, ADDRESS, and telephone number of each individual:

(a) who witnessed the INCIDENT or the events occurring immediately before or after the INCIDENT;

(b) who made any statement at the scene of the INCIDENT;

(d) who YOU OR ANYONE ACTING ON YOUR BEHALF claims to have knowledge of the INCIDENT (except for expert witnesses C.R.C.P. 26(a)(2) and (b)(4)).

12.2 Have YOU OR ANYONE ACTING ON YOUR BEHALF interviewed any individual concerning the INCIDENT? If so, for each individual state:

(a) the name, ADDRESS, and telephone number of the individual interviewed;

(b) the date of the interview;

12.3 Have YOU OR ANYONE ACTING ON YOUR BEHALF obtained a written or recorded statement from any individual concerning the INCIDENT? If so, for each statement state:

(a) the name, ADDRESS, and telephone number of the individual from whom the statement was obtained;

(b) the name, ADDRESS, and telephone number of the individual who obtained the statement;

(d) the name, ADDRESS, and telephone number of each PERSON who has the original statement or a copy.

12.4 Do YOU OR ANYONE ACTING ON YOUR BEHALF know of any photographs, films, or videotapes depicting any place, object, or individual concerning the INCIDENT or plaintiff’s injuries? If so, state:

(a) the number of photographs or feet of film or videotape;

(b) the places, objects, or persons photographed, filmed, or videotaped;

(d) the name, ADDRESS, and telephone number of the individual taking the photographs, films, or videotapes;

(e) the name, ADDRESS, and telephone number of each PERSON who has the original or a copy.

12.6 Was a report made by any PERSON concerning the INCIDENT? If so, state:

(a) the name, title, identification number, and employer of the PERSON who made the report;

(b) the date and type of report made;

12.7 Have YOU OR ANYONE ACTING ON YOUR BEHALF inspected the scene of the INCIDENT? If so, for each inspection state:

(a) the name, ADDRESS, and telephone number of the individual making the inspection (except for expert witnesses covered by C.R.C.P. 26(a)(2) and (b)(4)).

(b) the date of the inspection.

15.0 Affirmative Defenses

15.1 Identify each denial of a material allegation and each affirmative defense in your pleadings and for each:

(a) state all facts upon which you base the denial or affirmative defense;

(b) state the names, ADDRESSES, and telephone numbers of all PERSONS who have knowledge of those facts;

(c) identify all DOCUMENTS and other tangible things which support your denial or affirmative defense, and state the name, ADDRESS, and telephone number of the PERSON who has each DOCUMENT.

16.0 Defendant’s Contentions – Personal Injury

[See Instructions Section 2(c)]

16.1 Do you contend that any PERSON, other than you or plaintiff, contributed to the occurrence of the INCIDENT or the injuries or damages claimed by plaintiff? If so, for each PERSON:

(a) state the name, ADDRESS, and telephone number of the PERSON;

(b) state all facts upon which you base your contention;

(d) identify all DOCUMENTS and other tangible things that support your contention and state the name, ADDRESS, and telephone number of the PERSON who has each DOCUMENT or thing.

16.2 Do you contend that plaintiff was not injured in the INCIDENT? If so:

(a) state all facts upon which you base your contention;

(b) state the names, ADDRESSES, and telephone numbers of all PERSONS who have knowledge of the facts;

(c) identify all DOCUMENTS and other tangible things that support your contention and state the name, ADDRESS, and telephone number of the PERSON who has each DOCUMENT or thing.

16.3 Do you contend that the injuries or the extent of the injuries claimed by plaintiff as disclosed in discovery proceedings thus far in this case were not caused by the INCIDENT? If so, for each injury:

(a) identify it;

(b) state all facts upon which you base your contention;

(d) identify all DOCUMENTS and other tangible things that support your contention and state the name, ADDRESS, and telephone number of the PERSON who has each DOCUMENT or thing.

16.4 Do you contend that any of the services furnished by any HEALTH CARE PROVIDER claimed by plaintiff in discovery proceedings thus far in this case were not due to the INCIDENT? If so:

(a) identify each service;

(b) state all facts upon which you base your contention;

(d) identify all DOCUMENTS and other tangible things that support your contention and state the name, ADDRESS, and telephone number of the PERSON who has each DOCUMENT or thing.

16.5 Do you contend that any of the costs of services furnished by any HEALTH CARE PROVIDER claimed as damages by plaintiff in discovery proceedings thus far in this case were unreasonable? If so:

(a) identify each cost;

(b) state all facts upon which you base your contention;

(d) identify all DOCUMENTS and other tangible things that support your contention and state the name, ADDRESS, and telephone number of the PERSON who has each DOCUMENT or thing.

16.6 Do you contend that any part of the loss of earnings or income claimed by plaintiff in discovery proceedings thus far in this case was unreasonable or was not caused by the INCIDENT? If so:

(a) identify each part of the loss;

(b) state all facts upon which you base your contention;

(d) identify all DOCUMENTS and other tangible things that support your contention and state the name, ADDRESS, and telephone number of the PERSON who has each DOCUMENT or thing.

16.10 Do YOU OR ANYONE ACTING ON YOUR BEHALF have any DOCUMENT

concerning the past or present physical, mental, or emotional condition of any plaintiff in this case from a HEALTH CARE PROVIDER not previously identified (except for expert witnesses covered by C.R.C.P. 26(a)(2) and (b)(4))? If so, for each plaintiff state:

(a) the name, ADDRESS, and telephone number of each HEALTH CARE PROVIDER;

(b) a description of each DOCUMENT;

NON-PATTERN INTERROGATORIES

1. Please state whether YOU had any knowledge that any condition existed at the SUBJECT PREMISES which could cause the incident. If so:

(a) state the date You acquired that knowledge;

(b) identify each PERSON who made the existence of the condition known to YOU;

(d) set forth any action(s) taken upon that knowledge.

2. Please identify any inherent aspect of the stairs on the SUBJECT PREMISES which YOU believe posed a risk of physical injury to PERSONS upon the SUBJECT PREMISES. If so:

(a) set forth when YOU were apprised of the inherent risk or danger.

3. As to each inherent risk or inherent danger that existed on the stairs or SUBJECT PREMISES, please identify each DOCUMENT relating to the inherent risk or danger;

4. Please state whether there existed any procedure or program for the regular inspection of the SUBJECT PREMISES prior to the INCIDENT. If so:

(a) set forth a general description of each procedure or program;

(b) identify each PERSON charged with the responsibility for implementing each procedure;

(d) state whether the procedure and/or program was reduced to writing;

(e) state whether there existed a DOCUMENT of any such inspection.

5. Please state whether YOU transmitted any warning to plaintiff in regard to plaintiff’s use or occupancy of the SUBJECT PREMISES prior to the INCIDENT.

REQUESTS FOR PRODUCTION OF DOCUMENTS

REQUEST FOR PRODUCTION NO. 1:

Copies of all documents, things, or materials referred to or identified in any of your Answers to the Interrogatories.

REQUEST FOR PRODUCTION NO. 2:

Copies of each and every document of any kind relating to this case, from every expert witness you may call at trial, including all materials in such file(s), such as, but not limited to, reports, correspondence, writings, photographs, log entries, e-mails, notes, internal memos, post-its, evaluations, diagrams, and investigations.

REQUEST FOR PRODUCTION NO. 3:

Copies of each and every document of any kind relating to this case including all materials in such file(s), such as, but not limited to, reports, correspondence, writings, photographs, log entries, e-mails, notes, internal memos, post-its, evaluations, diagrams, and investigations.

REQUEST FOR PRODUCTION NO. 4:

All reports, memorandum, forms, investigative materials, including but not limited to surveillance, whether video or audio, bills, records, logs, memos either requesting or generating acts of surveillance, or other documents which are in your possession and relate, in whole or in part, to any aspect of the INCIDENT.

REQUEST FOR PRODUCTION NO. 5

All reports, memorandum, forms, correspondence, writings, evaluations regarding Defendant’s provision of section 8 housing.

REQUEST FOR PRODUCTION NO. 6

Copies of all invoices, receipts, estimates, repairs, documents, writings, notes, memos, investigations, correspondence or documents of any kind regarding common area repairs and/or replacement and/or improvements on the SUBJECT PREMIES from January 2004 to the present.

REQUESTS FOR ADMISSION

1. Please admit at the time of the incident the Defendant knew that the stair step referenced in the Complaint was missing a threshold.

2. Please admit at the time of the incident the Defendant knew that the stair step referenced in the Complaint had a nail protruding.

3. Please admit the Defendant had a duty to make regular inspections of the subject property.

4. Please admit the Defendant should have known that the stair step referenced in the Complaint was missing a threshold.

5. Please admit the Defendant should have known that the stair step referenced in the Complaint had a nail protruding.

6. Please admit Defendant failed to make regular inspections of the SUBJECT PREMISES.

7. Please admit the Defendant had a duty to maintain the subject property.

8. Please admit the Defendant failed to maintain the stair step referenced in the Complaint.

9. Please admit the nail sticking up on the stair step referenced in the Complaint was dangerous.

SPECIAL INTERROGATORY IN REFERENCE TO REQUESTS FOR ADMISSION

1. If you denied any of the above requests for admission above, please state the facts on which you base your denial and identify any and all witnesses who support the subject denial.