Plaintiff's Interrogatories To Defendant

INSTRUCTIONS
  1. These Interrogatories are propounded to you in accor­dance with Rule 4:8 of the Supreme Court of Virginia. Each Interrogatory must be answered separately, fully, in writing, under oath, and a copy served upon counsel for Plaintiff within twenty­-one (21) days from the date of receipt of these Interroga­tories.
  2. These Interrogatories are continuing in character, so as to require you to file supplementary answers if you obtain further or different information before trial.
  3. Where the name or "identity" of a person is requested, please state the full name, home address, and social security number and telephone number (home and work) also business address, if known.
  4. Unless otherwise indicated, these Interrogatories refer to the time, place and circumstances of the occurrence mention­ed or complained of in the pleadings.
  5. Where knowledge or information in possession of a party is requested, such request includes knowledge of the party's agents, representatives and unless privileged, his attor­neys.
  6. The pronoun "you" refers to the party to whom these Interro­gatories are addressed and the persons mentioned above.
INTERROGATORIES

1. State your name, address, marital status, date of birth, social security number, age and occupation.

ANSWER:

2. Were you the operator of the motor vehicle described in plaintiff's Complaint at the time of the collision? If not, please "identify" the operator.

ANSWER:

3. Were you the owner of the motor vehicle which collided with plaintiff? If not, please "identify" the owner.

ANSWER:

4. Please set forth the year, make, weight (usually recorded on registration), model, and color of:

  1. the motor vehicle you were operating at the time of the collision; and
  2. any of any vehicle you owned at the time of the collision; and
  3. any vehicle that was owned by a resident relative at the time of the collision

The weight of vehicles listed in response to b. or c. above need not be provided if said vehicle(s) was/were not involved in the collision.

ANSWER:

5. Were you at the time of the collision sick or ill in any way, or did you have any physical or mental illness or disability or impairment? If so, describe the sickness, illness or disability or impairment.

ANSWER:

6. Have you ever worn glasses or other corrective lenses prescribed for your use? If so, describe the condition requiring the glasses or corrective lenses. If so, were you wearing or using glasses or other corrective lenses at the time of the collision?

ANSWER:

7. On the date of this collision, how long did you have your driver's license, what was your driver's license number and state of issue?

ANSWER:

8. At the time of the collision, were your driving privileges restricted in any way? If so, state the reason for the restrict­ion.

ANSWER:

9. a. What felonies or misdemeanors involving moral turpitude have you been convicted of (including guilty plea and nolo contendere) during your lifetime including approximate date of offense, nature of offense, name and address of court imposing judgment and approximate date court imposed judgment?

b. What charges are currently pending against you, and if any, provide the nature of the charge, date of alleged offense and name and address of court where the charges are pending?

ANSWER:

10. Have you as the operator of a motor vehicle been involved in other motor vehicle collisions or accidents one (1) year before or one (1) year after the collision described in the Complaint? If so, state how many and on what dates.

ANSWER:

11. Did you plead guilty or nolo contendere to any traffic charge or other criminal offense arising out of this collision? If so, what was charge or charges to which you pleaded? Regardless of any plea, please provide the name of the county or city courthouse which disposed of any such charges.

ANSWER:

12. Please set forth the time and place of your departure prior to the collision and your exact destination.

ANSWER:

13. Please explain the purpose or reason for your use of the motor vehicle at the time of the collision. (e.g., employment, personal errand, shopping, etc.) If you were in the scope of employment or on an errand for another person or entity, please identify that person or entity.

ANSWER:

14. Please set forth the time and place of any stops (except for traffic control devices) between commencement of the trip and the collision.

ANSWER:

15. Had you within twelve (12) hours before the collision occurred consumed or taken:

  1. any narcotic drug,
  2. any other drug,
  3. any medical remedy of any type or
  4. any alcoho­lic or intoxicating beverage of any type?

If so, please identify the substance consumed and state the quantity of substance consumed, the time or times of consumption, and the location where the consumption took place.

ANSWER:

16. Give names, ages, locations within the vehicle and the addresses of all persons riding in the vehicle from the beginning of the trip until the collision.

ANSWER:

17. Give the names and addresses of all witnesses to the collision known to you.

ANSWER:

18. Please identify by name, home address and business address each and every person who has any knowledge of either damages or liability as they pertain to the instant case, including the identity of anyone arriving at the scene while you were present at the scene.

ANSWER:

19. Give the names and addresses of all persons to whom the Defendant or any witness has provided a statement regarding the collision described in the Plaintiff's Complaint or any injuries or property damages arising out of this collision. To whom was the statement made and on what date? Give name and address. Was it a written statement? If not written, was it recorded?

ANSWER:

20. Give the name and address of each person known to you to whom the Plaintiff has made a statement or statements (oral or written) about the collision or about the damages sustained by the Plaintiff in the accident.

ANSWER:

21. a. If you were the owner of the motor vehicle that was operated at the time of the collision described in plaintiff's Complaint, answer the following:

  1. Was the motor vehicle you were operating covered by liability insurance? If so, give the name of the liability insurance company and the amount of insurance coverage provided for bodily injury.
  2. If someone else was operating your motor vehicle, provide the year, make and model of any motor vehicle owned by any resident relative, as well as the liability insurer and policy number for any policies covering resident relatives.
  3. Provide the same information about all policies in which you are a named insured.

b. If you were not the owner of the motor vehicle you were operating at the time of the collision, please identify by insurer and policy number and insured all other policies issued to any resident relative.

ANSWER:

a)(i)

a(ii)

a(iii)

b)

22. At the time of the collision, were you covered by any umbrella policy or business policy? If so, please give the name of the company issuing the policy, the policy number, and the limits of coverage.

ANSWER:

23. Please state, in detail, how you contend the collision occurred.

ANSWER:

24. State the name, address and qualifications of each expert whom you expect to call as an expert witness at the trial of this case. Include in your answer the subject matter of his testimony the substance of the facts and opinions to which he is expected to testify and a summary of the grounds for each such opinion. Please attach a copy of any report, including factual observations and opinions, which has been prepared by any such expert.

ANSWER:

25. State the name, address and phone number of the shop where your vehicle was repaired. If the vehicle was totaled, state this fact and attach copies of all paperwork relating to the total loss, including any estimates or appraisals.

ANSWER:

This is rarely used due to the limit of 30.

26. Do you contend that any of the plaintiff's medical bills or medical expenses are either medically unnecessary or not causally related to the claimed negligence? If the answer is yes, then for reach such bill or expense, please state:

  1. why you believe that the expense or bill is either not reasonable or not causally related to the claimed negligence;
  2. what evidence you intend to offer on either of these subjects; and
  3. if the evidence is in the form of expert testimony, what expert will so testify, giving a summary of the opinion, as well as the basis for that opinion.

ANSWER:

27. Please set forth whether there exist any measurements, drawings, photographs or videotapes of plaintiff, defendant, plaintiff's vehicle, defendant's vehicle, the scene of the incident or any other matter relevant to the instant case. If the answer is yes, please identify the custodian and produce a color copy of each (Plaintiff will reimburse for the color copies).

ANSWER:

28. Please set forth the factual basis for your defenses of:

  1. failure to state a claim;
  2. statute of limitations;
  3. assumption of risk;
  4. sudden emergency;
  5. unavoidable accident;
  6. last clear chance;
  7. contributory or sole negligence of plaintiff; and
  8. negligence of persons over whom defendant had no control.

ANSWER:

Use this Interrog if you suspect Def was suffering from an illness or impairment

29. Please set forth the following for each illness, physical ailment or impairment you suffered or were under treatment for on the day of, or one (1) year prior to the collision:

  1. The name or description of the illness, physical ailment or impairment;
  2. The name and dosage of each medication you were taking for such illness, physical ailment or impairment;
  3. The name and address of each physician or healthcare provider caring for any illness, physical ailment or impairment afflicting you on the date of, or 1 year prior to, the collision;
  4. The name of the physician who prescribed the medications you took on the date of (insert date of collision), or 1 month before the date of the collision.

ANSWER:

note limit of 30 interrogatories including subparts

I swear and affirm that the foregoing answers are true and correct to the best of my knowledge.

Defendant Signs Here

Respectfully Submitted,

By: _________________________________

Law Offices of Jeremy Flachs

Jeremy Flachs, Esq.

Jeremy.Flachs@Flachslaw.com

Counsel for Plaintiff

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