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IN THE CIRCUIT COURT OF COUNTY, MISSISSIPPI PLAINTIFFS VS. CIVIL ACTION NO. DEFNEDANTS RESPONSE TO DEFENDANT'S FIRSTSET OF INTERROGATORIES The Plaintiffs, Estate of responds to the Defendant's Interrogatories as follows: INTERROGATORY NO. 1: Identify all persons or entities whom you or your representatives know or believe: (a) were a witness to the accident; (b) were present at the scene of the accident immediately preceding the accident; (c) were present at the scene of the accident immediately following the accident; (d) have or claim to have any knowledge of any facts of the accident, how the accident physically occurred, why the accident occurred, or the damage or injuries al legedly arising therefrom; (e) have knowledge of any discoverable matter; and for each person or entity identified above, describe the facts which you or your representatives know or believe are known by such person or entity concerning the accident, the cause of the accident, or dam ages or injuries arising therefrom. This interrogatory does not request that you state under oath what each of the persons or entities you identify will testify to under oath but only what you know or believe is known by these persons or entities concerning the accident, the cause of the a ccident, or damages arising therefrom. RESPONSE: The following is what knows. purchased a mobile hone from on or about , . As part of the sale, was to install the mobile home. delivered the mobile home and installed t he steps at some point thereafter. The decedent, , and his/her son, , were supposed to have breakfast on or about , . However, was late arriving at his/her son's house. When he/she did arrive, notic ed that his/her father's head was bleeding and that he/she was dirty. told that he/ she had fallen from the steps of his/her new trailer while he/she was trying to enter the trai ler He/She fell because the steps had been installed so that there was a large gap at the top of the steps, which had to jump over in order to enter the trailer. does not know whether anyone witnessed the fall. When his/her father/mother arrived around ______ A.M./P.M., he/she was in great pain and having trouble breathing. immediately took his/her father/mother to to receive medical treatment, where he/she was admitted on or about , . He/She stayed in the hospi tal until , . While in the hospital, several doctors attended to him/her, includi ng, and . doctors know the extent of the injuries suffered and the pain that he/she was in. According to the medical reports of his/her doctors, sustained multiple rib fracture s and a broken clavicle as a result of the fall. In addition, the strain and stress from those a nd other injuries caused him/her to have trouble breathing and caused him/her to be in great pain. Shortly after the accident, visited his/her father/mother's trailer and found the ste ps installed in the manner set forth in the Complaint. He/She later took the pictures attached as Exhibit A to the Complaint. After he/she was discharged from 's, condition worsened. He/She was in great pain and again had trouble breathing so he/she was readmitted to the following day a nd remained in the hospital until , . He/She was again hospitalized at on or about , and stayed in the hospital until , . In addition to examined while he/she was at . contacted and spoke with someone whom believes was named " ." asked " " if he/she was aware that his/her father had fallen from the steps. " " said tha t he/she was aware of the fall. " " further stated that the installers could not put the stairs perpendicular to the house because it would be too "wobbly" since the end of the steps would have been over the edge of the concrete walkway that went around the trailer. a sked " " why they did not put the stairs perpendicular to the house and put a block or support under the end of the stairs to stabilize them, and " " replied that he/she didn't know, or words to that effect. Before the accident, had been an active and vivacious man/woman for his/he r age and physical condition. He/She was not the same after the accident. He/She spent over we eks in the hospital for the injuries he/she sustained from the fall. While his/her father/mothe r was in the hospital, moved to . After was discharged from for the last time, had to t ake his/her father/mother back to because father/mother was no longer able to care for him/herself. never did recover from the fall and died on or about , . INTERROGATORY NO. 2: As to each person or entity identified in response to the preceding Interrogatory, identify from whom a written or tape recorded statement has been take n and for each person state the date the statement was taken, the name and address of the person taking the statement, whether the statement is in writing or was tape recorded, and the name and address of the person who presently has possession of the statement or tape. RESPONSE: As of the date of these responses no written or tape recorded statements have been taken from any witness. INTERROGATORY NO. 3: Identify all oral or written statements of any party or witness, at the scene of the accident or otherwise, which in any way relate to t he cause of the accident or the injuries allegedly sustained as a result of the accident. RESPONSE: None. INTERROGATORY NO. 4: Identify all witnesses you expect to testify on behalf of the Plaintiffs, giving for each such witness a summary of the facts you generally expect to eli cit from such witness by his/her testimony. RESPONSE: The Plaintiffs object to this interrogatory to the extent that it seeks information, which the Plaintiffs, pursuant to the Mississippi Rules of Civil Procedure, do not have to provide. Subject to this objection, the Plaintiffs have not determined who will testify on behalf of the Plaintiffs. This response will be supplemented when such a determination is made. INTERROGATORY NO. 5: Describe and identify all documents, photographs, videos, and other physical evidence which you expect to offer as evidence on behalf of the Plaintiffs. RESPONSE: The Plaintiffs have not determined what evidence be offered at trial. This response will be supplemented such a determination is made. INTERROGATORY NO. 6: Identify each person you expect to call as an expert witness at trial [including physicians or generally employed expert(s) whose information was not acquired will when in preparation for this particular trial] and for each give their qual ifications, state the subject matter on which the expert is expected to testify, the substance of the facts and opinions to which the expert is expected to testify, and a summary of the grounds for each suc h opinion. RESPONSE: The Plaintiffs object to this interrogatory to the extent that it is beyond the scope of Rule 26(b) (4) (A) (i) of the Mississippi Rules of Civil Procedure. Subject to this objection, the Plaintiffs have not yet determined whom they will call as an expe rt in this case. This response will be supplemented when, and if such a determination is made. INTERROGATORY NO. 7: Describe in specific factual detail how and why you contend the accident occurred, including the actions of the person involved, including efforts to avoid the accident; physical location of all witnesses to the a ccident; the time of day; weather conditions; premises conditions; what part of the premises made contact with in the accident; the physical location where any impact(s) occurred. RESPONSE: See Response to Interrogatory No. 1. INTERROGATORY NO. 8: Please give a detailed description of every witness, fact, opinion, document and other physical evidence which supports your answer to the preceding inter-rogatory. RESPONSE: See Response to Interrogatory No. 1. INTERROGATORY NO. 9: Describe in specific factual detail what you contend did or failed to do which caused or contributed to the accident. RESPONSE: , its agents, employees or other representatives negligently installed the stairs to create a dangerous condition when tried to enter his/her trailer. knew that was aged and overweight, knew that it had installed the stairs improperly, and knew or should have known that was in danger if he/she tried to enter the mobile home. Even though had this knowledge, installed the stairs in the way described in callous disregard for the rights of . INTERROGATORY NO. 10: Please give a detailed description of every witness, fact, opinion, document and other physical evidence which supports your answer to the preceding interrogatory RESPONSE: See Response to Interrogatory No. 1. INTERROGATORY NO. 11: Identify and describe any and all pictures, photographs, drawings, diagrams, plats, maps, measurements, reports, recordings, statements, calculations, invoices, payroll records receipts or other documents or copies thereof of any kind or nature concerning the accident, the cause of the accident or the alleged injuries or dam ages arising therefrom made either before, after, or at the time of the events in question. RESPONSE: The photographs attached to the Complaint as Exhibit A depict the position of the steps when fell from the steps. There are additional photographs, not attached to the Complaint, which depict the same scene from different distances and angles. There a re also medical records, an autopsy report, and certificate of death which relate to the injuries and damages suffered by the Plaintiffs. All of the above will be produced to the defendant. INTERROGATORY NO. 12: Describe in detail the nature, location, and extent of each and every abrasion, laceration, cut, bruise, sprain, strain, contusion, fracture, dislocation, or any other ailment or injury sustained by the deceased, , as a result of the accident and identify and describe in detail every witness, fact, opinion, document or other physical evidence which supports your answer to this Interrogatory. RESPONSE: The Plaintiffs object to this interrogatory because it is overly broad, unduly burdensome, and beyond the scope of knowledge and ability. Subject to this objection, knows that his/her father/mother suffered a cut to his/her head, broken ribs and a broken clavi cle. also knows that his/her father/mother suffered other injuries which caused his/her father/mot her to have trouble breathing and otherwise be in great pain. treating physicians are bet ter able to describe in detail the nature and extent of his/her injuries. INTERROGATORY NO. 13: If you contend that underwent any conscious pain and suffering prior to his/her death, describe in detail the time, length, place, and source of all such pain and suffering; and describe in detail every witness, fact, opinion, document and other evidence which supports your contention that underwent conscious pain and suffering. RESPONSE: The Plaintiffs object to this interrogatory as overly broad, unduly burdensome, and beyond the knowledge and ability of to identify and quantify. Subject to this objection, knows that his/her father/mother suffered pain and suffering from the date of the accident continuously to the date of his/her death, with some intermittent peri ods of relative peace. INTERROGATORY NO. 14: Please categorize and describe each element of damages for which you are seeking recovery, specify the amount you are seeking for each element of damages, the manner in which you calculated each element, and identify each pe rson whom you believe may have information relating to or pertaining to the same and identify any documents pertaining to the same. RESPONSE: The Plaintiffs are seeking damages for past medical expenses, the pain and suffering of loss of consortium and/or support, and punitive damages. The medical expenses incurred are contained in the medical records of , which have been produced. The Pla intiffs will produce an itemized summary of such damages. The remaining damages cannot be calculated with precision and will be determined by the jury. Persons with knowledge of the se damages include , his/her husband/wife, health care providers, and . INTERROGATORY NO. 15: For the deceased, , please state full name; date of birth; all residence addresses for the last five years; names and addresses of any former spouse s; names, ages and addresses of any children; social security number; and the driver's lice nse number for each state in which was licensed to drive prior to his/her death. RESPONSE: DOB: Address: Spouse: , deceased Children: Address: SS#: D.L.#: INTERROGATORY NO. 16: Please describe in detail all income earned or received by during the year period preceding his/her death, including in your description: (a) name and address of each employer or other source of income; (b) job title or description with each employer; (c) rate of pay with each employer; (d) total weekly, monthly, or annual earnings with each employer; (e) time(s) of employment with each employer; (f) reason for termination with each employer; and (g) immediate supervisor with each employer. RESPONSE: The Plaintiffs object to this interrogatory to the extent that it seeks information which is neither relevant nor reasonably calculated to lead to the disc overy of admissible evidence. Subject to this objection, at the time of his/her death, was retired. He/She was formerly employed as a part owner in a wire rope manufacturing business named . See the resume of , which has been produced. is not in the possession, custody or control of the other documents and information requested by this interrogatory. Such documents and information may be obtained from former employer. INTERROGATORY NO. 17: Describe in detail the educational history of , including in your description: (a) the names, addresses, and dates of all schools or courses attended; (b) all degrees, certificates, awards, and scholarships received; (c) date of graduation from any institution or curriculum; and (d) grade or grade point average for all schools or curriculum attended after the 9th grade. RESPONSE: attended the . He was a Registered Professional in . See the resume of , which has been produced. INTERROGATORY NO. 18: Please describe in detail the medical history of , including in your description: (a) the names, addresses, and dates of all physicians who treated or attended during the years preceding his/her death; (b) the names and addressed of all hospitals or institutions where was hospitalized or confined for treatment of any kind during his/her lifetime, and the dates and purpose of ea ch such treatment or confinement; (c) any and all serious or continuing diseases or ailments suffered by during his/her lifetime; (d) any medication regularly taken by during the year preceding his/her death; and (e) any recommended restriction of activity or recommended activity given for by any physician or other medical provider during his/her lifetime. RESPONSE: The Plaintiffs do not have knowledge sufficient to answer this interrogatory. was under the regular care of . medical records have been or will be produced. INTERROGATORY NO. 19: Describe in detail any and all financial or monetary contributions made by or through during his/her lifetime to any of the plaintiffs herein, including a description of dates, amounts, source, and purpose of such contributions. RESPONSE: The Plaintiffs object to this interrogatory because it seeks information which is neither relevant nor reasonably calculated to lead to the discovery of a dmissible evidence. INTERROGATORY NO. 20: For each plaintiff named herein, describe all services, assistance and support given or obtained through during his/her lifetime. RESPONSE: None. INTERROGATORY NO. 21: State whether the deceased, , had taken any type of medication or had anything to drink with alcoholic content within a 24-hour period prior to the time of the accident, state the name, type and amount of drinks had and, if medication or drugs, the type and amount taken. RESPONSE: The Plaintiffs do not know whether had taken any medication prior to the fall. INTERROGATORY NO. 22: If had ever been arrested or charged with any criminal activity during his/her lifetime, describe in detail each and every arrest includi ng, the place, date, arresting department, jurisdiction, and final result of the charge. RESPONSE: The Plaintiffs object to this interrogatory because it seeks information which is neither relevant nor reasonably calculated to lead to the discovery of a dmissible evidence. MEDICAL AUTHORIZATION Rules 503(d) & (f), Mississippi Rules of Evidence, state that: Any party to an action or proceeding subject to these rules who by his or her pleadings places in issue any aspect of his or her physical, mental or emotional condition the reby and to that extent only waives the privilege otherwise recognized by this rule. Attached hereto is a Medical Authorization authorizing to obtain medical records, etc., pertaining to the Plaintiff's injuries and treatment, etc., alleged to ha ve been sustained as a result of the negligence of the Defendant. Please execute the Medical Authorization and return to the attention of the undersigned. RESPONSE: Attached to these responses is a Medical Authorization which executed before his/her death. Respectfully submitted, __________________________________ ATTORNEY FOR PLAINTIFFS OF COUNSEL: ____________________________________ CERTIFICATE OF SERVICE I, , certify that I have this day caused the above to be placed in the Unit ed States mail, postage fully prepaid, addressed as follows: THIS, the day of , . _________________________________ STATE OF MISSISSIPPI COUNTY OF _________________________ Personally came and appeared before me, the undersigned authority in and for the said County and State, the within named _______________________________________________________ who after first being duly sworn, stated under oath that the factual information in the above answers to interrogatorie s is based on his/her personal knowledge or on information supplied to his/her by others, and is true and correct to the best of his/her knowledge, information and belief. ___________________________________ Sworn to and subscribed before me, this the ______ day of _______________________, ______. ___________________________________ Notary Public My Commission expires:________________________