IN THE CIRCUIT COURT OF COUNTY, MISSISSIPPI
AND PLAINTIFFS
VS. NO. *
DEFENDANTS
SEPARATE RESPONSES OF DEFENDANTS
SCHOOL DISTRICT AND THE BOARD OF TRUSTEES
OF THE SCHOOL DISTRICT
TO PLAINTIFF'S FIRST SET OF INTERROGATORIES
AND
REQUEST FOR PRODUCTION OF DOCUMENTS
COME the Defendants, School District and The Board of Trustees
of School District, responding to the First Set of Interrogatories and
Requests for Production of Documents propounded by Plaintifs, and say:
INTERROGATORY NO. 1: Identify each person whom you expect to
call as an expert witness at the trial of this matter, providing his name,
address and telephone number, and:
(a) State the subject matter on which each person identifed
above is expected to testify;
(b) State the substance of the facts and opinions to which
each expert is expected to testify;
(c) State a summary of the grounds for each opinion set out
above; and
(d) State the educational background, training and experience
of each person above which qualifes him as an expert, and identify the feld
of such expertise;
RESPONSE: No expert witness has been obtained. No expert opinion
have been received or obtained. If an expert is retained by these
defendants, this response will be supplemented to the extent required by
the Mississippi Rules of Civil Procedure.
INTERROGATORY NO. 2: For each denial and afrmative
defense that you have pleaded(sic) in this action, detail the factual basis
therefor, the source of such information, and the name, address, telephone
number and employers of each person providing the information.
RESPONSE: These defendants object to this Interrogatory on the
grounds that it does not conform to the requirements of Rule 33, MRCP,
which provides "...[e)ach interrogatory shall consist of a single question."
This interrogatory, in efect, is a series of questions calling for a multitude of
narrative responses. The
defense asserted that injury, loss or damage, if any, sustained by the
Plaintif , was occasioned by her individual and unwarranted act of
mixture of chemicals is predicated upon the statement of said Plaintif to
that efect to , and others whose names are not yet fully
ascertained by these Defendants. The name and other information relative
to Mr. and Mrs. is listed elsewhere in these Responses. In
response to the remainder of this Interrogatory, these defendants may call
as witnesses any of those persons identifed in response to Interrogatories
14. If additional witnesses are identifed, this response will be supplemented
to the extent required by the Mississippi Rules of Civil Procedure. Further so
responding, these defendants state that other defenses listed are, in the
main, predicated upon statute and law and are available to Plaintifs through
their Counsel.
INTERROGATORY NO. 3: State the name, address and telephone
number of each person who has any knowledge of or any information
regarding any facts or circumstances in this case.
RESPONSE: These defendants object to this Interrogatory on the
grounds that it does not conform to the requirements of Rule 33, MRCP,
which provides "...[e)ach interrogatory shall consist of a single question."
This interrogatory, in efect, is a series of questions calling for a multitude of
narrative responses, is vague and overly broad. Further responding, these
Defendants say that persons now known to them to have specifc knowledge
of the incident upon which Complaint is predicated are: , , ,
MS, , ; , , , MS ; , , , MS
; , , , MS ; and , , , MS ; and
, % , , MS .
INTERROGATORY NO. 4: Identify each and every person that has
been injured or killed in connection with the use of the .
RESPONSE: These Defendants have no information upon which to
respond to this Interrogatory. Other than allegations of Plaintif , these
defendants have no knowledge or information that any individual employed
by the School District has been injured or been killed in connection
with the use of the .
INTERROGATORY NO. 5: For each and every person identifed by
you in response to the preceding interrogatory, specify the following:
(a) Name and address of each person:
(b) Date of injury and/or death;
(c) The component part involved; and
(d) Describe the nature and extent of the injuries sustained.
RESPONSE: These defendants have no information upon which to
respond to this Interrogatory, except as recited in Interrogatory No. 4.
INTERROGATORY NO. 6: Please state in detail every function you
performed in regard to the manufacture and/or distribution and/or sale
and/or delivery of . Please include in your answer references to
chemical formulas and compositions, and the name, address and telephone
number of each person who participated in the development and
distribution and/or sale and/or delivery of this product.
RESPONSE: The product was purchased by School District
for use at School, after solicitation of such purchase by a salesman
purporting to be the employee of the defendant during , 20 .
The name of said salesman is not now known to these Defendants or their
employees. The product was delivered to School on or about
, 20 . The product was given to certain employees of the
defendant public school district, among which was the Plaintif, , for
their appropriate use in the performance of their duties. Other than that act,
no further acts of distribution or delivery were made by said defendant. No
other action was taken by these Defendants related to the manufacture,
sale or distribution of said product.
INTERROGATORY NO. 7: Please state whether you ever applied to
the United States Patent and Trademark Ofce, the Environmental
Protection Agency (EPA), and/or any other governmental agency or
regulatory body for approval of the sale and/or distribution of .
RESPONSE: No.
INTERROGATORY NO. 8: If you have had, or if you know, of any
complaints about , similar to those set forth in plaintif's Complaint,
please list each such complaint, and state the date made, by whom (name
and address), and the nature of the complaints about the product.
RESPONSE: Other than those complaints alleged by Plaintifs, these
defendants have not received nor heard of such complaints.
INTERROGATORY NO. 9: Has suit ever been brought against you
alleging injuries and/or deaths as a result of use of your product. If so,
please provide the name of the Court in which suit was brought, the names
of the parties involved, and the name, address and telephone number of all
attorneys involved.
RESPONSE: The product, except by purchase and for use on the
subject occasion, is not the property of these Defendants. No suit,
heretofore, has been brought against these Defendants in which there were
allegations of death or injury occasioned by the use of said product.
INTERROGATORY NO. 10: If you were aware of any defect
(including lack of adequate warnings) in the at the time it was sold or
delivered, or you became aware of any defect between the time the product
was sold and delivered and the time the plaintif was injured, please state
the date you became aware of the defect, a description of the defect, and
whether anyone was advised by you of the defect, and if so, on what date.
RESPONSE: These defendants were and are not aware of any defect in
said product. These defendants do not have in their possession any
literature, label or container in which the product was delivered to
School. To the best of the recollection of Mr. , Principal, School,
there was literature and printed instructions upon a label on a white plastic
bottle; the exact context of which is not remembered by him.
INTERROGATORY NO. 11: If tests or checks were ever
performed to determine the chemical composition of and/or the
propensity of to produce toxic fumes if mixed with any other solution,
please state the date of each test, a detailed description of each test or
check, a detailed statement of the results of each test, and the implication
or meaning of these results, whether any changes in the chemical
composition and/or packaging of this product and/or warnings were
instituted because of such result, indicating specifcally which change was
instituted because of which result, and, if so, a detailed description of such
changes including which; if any, were incorporated into the product and the
efective date of each change.
RESPONSE: No such testing actions of the product were taken,
conclusions reached about or revisions made by these defendants to the
product. The praduct placed in the hands of the Defendant District was
not amended, changed or otherwise altered by these defendants or anyone
known to them from the time of its receipt at delivery through placement of
the same into the hands of the Plaintif .
INTERROGATORY NO. 12: With respect to your safety division,
please state:
(a) The date the department was created;
(b) The name, address and telephone number of all persons who
have been in charge of the department; and
(c) The name, address and telephone number of each person in
such department who inspected or otherwise passed upon the product in
issue.
RESPONSE: Staf Development instruction is given to employees of
School District, to include the Plaintif , on various subjects which
pertain to their individual employment. Said Staf Development included
lectures on safe conduct in the performance of the employee's respective
duties. Such a program was presented to the housekeeping employees of
School within a very few weeks prior to the incident giving rise to the
Complaint herein; but, on a more exact date to these defendants now
unknown; by one who was then employed by ; which program
was of safety practices and procedures pertaining to custodial and cleaning
duties of housekeeping personnel and the handling of chemical cleansers.
No safety manual was produced and promulgated by these Defendants prior
to the incident of , 20 . Work of employees of School District
employed in housekeeping at School,such as was the Plaintif, is done
under the general supervision of the Principal of the separate school campus
at which those persons are employed; i.e., , and, the direct supervision
of a person responsible for the performance of all such work; i.e., .
INTERROGATORY NO. 13: If any notice was given to anyone by any
means in which you intend to use as basis to deny or limit your liability for
damage resulting from the use of his product, please state the date the
notice was given, the name and address of the person who gave notice, the
name and address of the person to whom the notice was given, a detailed
description of the manner in which the notice was given and a full
explanation of the notice.
RESPONSE: The requirement of this Interrogatory is not understood by
these Defendants; and, therefore, may not be fully answered. Other than
responsive pleading to the Complaint, Interrogatories and Request for
Production of Documents, these Defendants know of no requirement of
written notice of the status of these Defendants as political subdivision of
the State of
Mississippi; in ascertainment of which, Plaintifs are directed to case law,
statutes and the Constitution of the State of Mississippi as are applicable.
And; see Response to Interrogatory 11.
INTERROGATORY NO. 14: If you contend that anyone caused any
damage to this product and/or committed any acts and/or omissions which
resulted in the injuries complained of by the plaintifs herein, please identify
and state all the facts upon which you rely to support this contetition.
RESPONSE: These defendants know of no damage to the product
before or at the time of delivery to the School District after purchase.
These defendants are advised by the aforesaid , Principal, School,
and Mrs. , employee at said school, that Plaintif stated, on a day
after , 20 , that the contents of a bottle in which the product
was purchased was poured by said Plaintif into a toilet bowl in which there
was water and the product which bears the name " "; at which time, "a
gas" came up into Plaintif's face.
INTERROGATORY NO. 15: Please state the name, address and
telephone numbers of all persons interviewed by the defendant and/or it
attorneys or representatives concerning the incident that is the basis of this
suit, and provide the name, address and telephone number of all persons
from whom any written, audio or recorded statements have been taken.
RESPONSE: No audio or like recorded statements have been taken.
Having been served with Summons, herein, the attorney for these
defendants undertook and did interview certain witness then available to
him. Those witness are the aforesaid ; , , and ; all
of whom are to the Plaintifs well known. The defendants object to this
Interrogatory, however, to the extent that it requests them to describe the
contents of the aforesaid statements or produce copies thereof on the
grounds that said statements constitute trial preparation materials for which
the Plaintif have failed to demonstrate "substantial need" as required by
Rule 26(b)(3), M.R.C.P.
INTERROGATORY NO. 16: Please provide:
RESPONSE: These defendants object to this Interrogatory on the
grounds that it does not conform to the requirements of Rule 33, MRCP,
which provides"...[e]ach interrogatory shall consist of a single question."
This interrogatory, in efect, is a series of questions calling for a multitude of
narrative responses. These defendants respond to said Interrogatory to
provide information, however, as follows:
a. the date and place of safe, delivery and distribution of , to
the defendant, .
RESPONSE: These defendants have no information upon which to
respond to this Interrogatory.
b. the date and place of delivery and/or sale and distribution
of , to the defendant, ;
RESPONSE: These defendants have no information upon which to
respond to this Interrogatory.
c. the date and place of delivery and/or sale and distribution
of to the defendant, ;
RESPONSE: These defendants have no information upon which to
respond to this Interrogatory.
d. the date and place of sale and distribution of to the
defendants, , and The Board;
RESPONSE: The product was delivered to the defendant
School District on or about , 20 , at School. The said
product was never delivered to the defendant school board.
e. the name, Address and telephone number of the person(s)
and/or company(ies) that designed the packaging of as it existed and
was sold to the defendants and The Board as used by the plaintif;
RESPONSE: These defendants have no information upon which to
respond to this Interrogatory.
f. all matter taken into consideration in the design of
package and the use of warnings thereon;
RESPONSE: These defendants have no information upon which to
respond to this Interrogatory.
g. in what manner was packaged and sold to the
defendants, and .
RESPONSE: These defendants have no information upon which to
respond to this Interrogatory.
INTERROGATORY NO. 17: Please describe all instructions,
warnings, or cautions of any nature which you directed to users of your
product concerning precautions, misuses of the product, hazards, or
dangers, specifying the location, contents, method of communication and all
characteristics thereof.
RESPONSE: The product, except by purchase for use in the manner
aforesaid, was not owned by these Defendants. The sales representative
who solicited the purchase of said product by the Defendant School
District stated to all in attendance at demonstrations of use of the product
conducted at School in , 20 , that it was to be used by pouring
the same into a toilet or like bowl in which there was water only. No bottle
or other container in which the product was received by defendant was
retained or is now in the possession of these defendants. Staf Development
conferences held in the Spring of 20 at School as referenced in
Response to Interrogatory 12 addressed the result of improper mixture of
chemicals.
INTERROGATORY NO. 18: From the time that this product was frst
manufactured and/or sold by you up to the present time, had you attempted
to ascertain the existence of complaints associated with the product or with
similar products? If so, please state:
a. If this was done in the usual and ordinary course of business;
b. The name, job title and relationship to you of the person whom
performs this functions or the name of any agency that performs this
function for you; and
c. When and how this activity is conducted.
RESPONSE: The language of this Interrogatory is not addressed to
these Defendants.
INTERROGATORY NO. 19: State the purpose for this product.
RESPONSE: The cleanser was purchased by Defendant School
District for janitorial purposes to clean ceramic toilet and like facilities.
INTERROGATORY NO. 20: State the date and place at which the
manufacture of the product was completed immediately prior to placing it in
the stream of commerce, and provide the cost at the time it was fnally
completed as a fnished product to you of manufacturing a product.
RESPONSE: The language of this Interrogatory is not addressed to
these Defendants.
INTERROGATORY NO. 21: What warnings concerning the product
were provided by you to the salesman; distributor, seller and/or
consumer?
RESPONSE: No warnings concerning the product were provided by
these Defendants to the salesman, distributor or seller of the product by
these Defendants. Demonstration of use of the product by the salesman as
hereinabove addressed and Staf Development safety instruction pertained
to the use of similar chemical cleansing products were directed to Plaintif
and other employees of the Defendant School as herein related;
and, such warnings as were printed upon the bottle or container in which
the product was obtained by these Defendants were available to the Plaintif
relative to this and like products.
INTERROGATORY NO. 22: Please provide the educational
background of and and provide the name, address and telephone
number of his previous employers from , 20 to the present.
RESPONSE: The language of this Interrogatory is not addressed to
these Defendants.
INTERROGATORY NO.23: Please provide your EPA registration
number for the subject product.
RESPONSE: The language of this Interrogatory is not addressed to
these Defendants.
REOUEST FOR PRODUCTION OF DOCUMENTS
REOUEST NO. 1: Please produce the curriculum vitae of each expert
you expect to call at the trial of this matter.
RESPONSE: No such expert has been contacted at this time by these
Defendants. In the event it is deemed necessary to retain such expert, this
response will be supplemented to the extent required by the Mississippi
Rules of Civil Procedure.
REOUEST NO. 2: Please produce a copy of each insurance policy that
provides coverage for this lawsuit.
RESPONSE: These Defendants had no insurance in force and efect
which would provide coverage for this incident; relying, as they did upon the
status of each as governmental subdivision of the State of Mississippi and
upon the defense of Sovereign Immunity.
REOUEST NO. 3: Please produce all designs, plans, specifcations,
formulas, and chemical compositions of the product.
RESPONSE: These Defendants have no such materials in their
possession.
REOUEST NO. 4: Please produce a copy of any complaints that you
have had, or that you are aware of, about the chemical composition of the
product and/or the manner in which the product was made and/or with
respect to the representations made by the sales representative concerning
the product.
RESPONSE: These Defendants have received no complaints about this
product other than the present Complaint of these Plaintifs.
REOUEST NO. 5: Please produce all inspection instructions you
furnished to the quality control inspection personnel pertaining to this
product.
RESPONSE: These Defendants are not the manufacturer of this
product; have no control over its inspection or production; and have no such
instructions in their possession.
REQUEST NO. 6: Please produce a copy of all production instruments
pertaining to this product.
RESPONSE: These Defendants have no production instruments
pertaining to this product.
REQUEST NO. 7: Please produce all instruction manuals or booklets,
owner's manuals and/or bulletins with respect to this product.
RESPONSE: Other than pamphlet which may have accompanied the
product or label upon the container thereof; neither of which these
defendants now have or remember, these Defendants have had and now
have no other such materials in their possession.
REQUEST NO. 8: Please produce all research gathered prior to
manufacture of this product relating to the manufacture and use warnings
of the product.
RESPONSE: These Defendants have had and now have no such
material in their possession.
REQUEST NO. 9: Please produce each and every memorandum, report,
note or other writing made with respect to any tests or checks which were
ever performed to determine the chemical composition of and/or the
propensity of to produce toxic fumes if mixed with another product.
RESPONSE: These Defendants have no such materials; nor, have they
ever had such, other than the label upon the container in which the product
was delivered to them and any printed material the and which may have
accompanied it. No such containers or printed matter are presently in the
possession of these Defendants.
REQUEST NO. 10: Please produce all articles of incorporation with
respect to the defendants.
RESPONSE: There is no Article of Incorporation for these defendants.
The procedure for and process of the creation and operation of these
Defendants are as defned by law, Statute and the Constitution of the State
of Mississippi and various Orders and Decrees entered in the federal courts
of the U.S. District Court of the Southern District of Mississippi and the Court
of Appeals of the Fifth Circuit in litigation relative thereto; are a matter of
public record, available to Plaintifs.
REQUEST NO. 11: Please produce the historical records of the product.
RESPONSE: These defendants have no such historical records in their
possession.
REQUEST NO. 12: Please produce any memorandums, reports, notes
or other writings which were made by any safety department and/or division
concerning this type of model of product in question.
RESPONSE: These Defendants have no such records in their
possession.
REQUEST NO. 13: Please produce a copy of any and all fnancial
statements.
RESPONSE: Financing of the operation of these Defendants is
accomplished through budgetary procedures and specifc levy of tax upon
personal and real property of owners thereof who have personality or realty
located within the geographic boundaries of the School District for the
use and operation of public schools therein pursuant to statute. In addition
to that specifc tax levy, certain funds from the General Revenues of the
State of Mississippi which are applicable to the provision of education to the
edudable children of the State are paid to these Defendants yearly for said
purposes. A copy of the budget for the 20 - 20 year is enclosed
herewith. The budget for the school year 20 - 20 is presently being
promulgated in the manner and method provided by law. A copy of the
Budget for Defendant School District will be provided by
supplementation to this Interrogatory after the same is approved and
adopted, unless this requirement is waived by Plaintifs.
REQUEST NO. 14: Please produce any instructional and safety
warnings associated with the subject product, either attached to the said
product, or published and maintained separately.
RESPONSE: These Defendants have no such materials in their
possession.
REQUEST NO. 15: Please produce the safety manual for the product.
RESPONSE: These Defendants have no such manual in their
possession.
REQUEST NO. 16: Please produce the layout drawings and
specifcations of the product.
RESPONSE: These Defendants have no such materials in their
possession.
REQUEST NO.17: Please produce the packaging or container this
product was in when sold to the defendants, (now ) and .
RESPONSE: These defendants have no such material in their
possession.
REQUEST NO. 18: Please produce a copy of all warnings taken into
consideration by you prior to the sale and/or delivery of the product.
RESPONSE: These Defendants have no such materials in their
possession.
REQUEST NO. 19: Please produce the personnel fle of the defendant,
.
RESPONSE: These Defendants have no such record in their possession.
REQUEST NO. 20: Please produce all safety data sheets, by whatever
name evidencing the chemical properties of the product and all hazards
and/or dangers associated with it.
RESPONSE: These defendants have no such records in their
possession.
REQUEST NO. 21: Please produce all sales materials such as manuals
and/or brochures provided to any of the Defendants.
RESPONSE: These Defendants have no such materials in their
possession.
REQUEST NO. 22: Please provide all training instructions, manuals,
warnings and/or other materials provided to concerning the subject
product.
RESPONSE: These defendants have no knowledge of the provision of
such material to ; and, have no such materials in their possession.
REQUEST NO. 23: Please produce all documents in your possession
and/or about which you had knowledge prior to , 20 ,
concerning the hazards and/or dangers associated with the use of the
subject product.
RESPONSE: These Defendants have no such documents in their
possession.
REQUEST NO. 24: Please produce any and all applications you have
made to the Environmental Protection Agency (EPA) concerning this
product.
RESPONSE: These Defendants have made no such application and
have no such material in their possession.
REQUEST NO. 25: Please produce all training instructions, manuals,
warnings and/or other materials provided by , now , School
District and of concerning this product.
RESPONSE: Instruction for use of the particular product was
accomplished orally by the salesman who solicited the purchase of said
product by these Defendants through demonstration of its use to employees
of the Defendant School District who would use such product. The
name of that salesman is not presently known to these Defendants. The
demonstration took place on two occasions at School on dates, which
are not known and were not recorded; but, reasonably believed to have
occurred prior to , 20 . Housekeeping personnel, including
the Plaintif , attended one or more of the demonstrations. No tangible
material relative to the demonstration, any documentation or label related
to say product is in the possession of these Defendants. As related in
Response to Interrogatory 12 above, assisted the staf of School
in providing Staf Development instruction in the safe use of chemical
cleansers some several weeks before the incident in question. None of the
materials utilized in this instruction is in the possession of these Defendants.
These Defendants do not believe acted in the sale the product in
question to the Defendant School District.
RESPECTFULLY SUBMITTED, this the day of , 20 .
BY:_____________________________
STATE OF MISSISSIPPI
COUNTY OF
PERSONALLY APPEARED BEFORE ME, the undersigned authority for
and within the jurisdiction aforesaid, , who being duly sworn states on
oath that he is Superintendent of School District; that as such, afant
is custodian of the books, records and accounts of said school district and
Executive Secretary of The Board of Trustees, School District; and,
having been frst duly authorized so to do, he executed the foregoing
Responses to Interrogatories and Requests for Production of Documents for
and on behalf of said school district and its Board of Trustees. Further,
Afant states that, he having been apprised thereof in his capacity aforesaid
and to the best of his knowledge and belief, the matters of fact made are
true and correct as therein stated and which facts he well and truly believes
to be true and correct.
____________________________
WITNESS MY SIGNATURE AND SEAL OF OFFICE, this the day of
, 20 .
My Commission Expires:
Notary Public
CERTIFICATE OF SERVICE
I, , certify that a true and correct copy of the above and foregoing
Response to First Set of Interrogatories and Production of Documents has
this day been placed in the United States mail, postage prepaid, to ,
Counsel of record for the plaintifs and , at the stated regular
business and mailing address of Post Ofce Box , , Mississippi,
.
Dated this the day of , 20 .
___________________________________
