THE UNITED STATES DISTRICT COURT FOR THE

DISTRICT OF KANSAS

GRACE CRASHENBURN, )
)
Plaintiff, )
) Case No. ABC-555
vs. ) Court No. 13
)
BUY-MOR, INC., )
)
Defendant. )

DEFENDANT’S FIRST SET OF INTERROGATORIES TO PLAINTIFF

COMES NOW the Defendant and requests that Plaintiff, through an officer or authorized

agent of the corporation, answer these interrogatories under oath and serve them upon Defendant

within 30 days, pursuant to Rule 33 of the Federal Rules of Civil Procedure. These interrogatories

are continuing in nature and require supplemental answers if additional information is obtained

between the time of answering and the time of trial

Instructions

1. In answering these interrogatories, Plaintiff must furnish all requested information, not

subject to a valid objection, that is known by, possessed by, or available to, Plaintiff or any of

Plaintiff’s attorneys, consultants, representatives, agents, and all others acting on behalf of

Plaintiff.

2. If Plaintiff is unable to answer fully any of these interrogatories, Plaintiff must answer

them to the fullest extent possible, specifying the reason for Plaintiff’s inability to answer the

remainder and stating whatever information, knowledge, or belief Plaintiff has concerning the

unanswerable portion.
 3. Each subpart of a numbered interrogatory is to be considered a separate interrogatory

for the purpose of answer and objection. Plaintiff must answer separately each subpart, and if

Plaintiff objects to an interrogatory or a subpart thereof as calling for information which is beyond

the scope of discovery, Plaintiff must, nevertheless, answer the interrogatory or subpart thereof to

the extent that it is not objectionable.

4. All of the following interrogatories call for continuous answers and, as such, require

timely supplemental answers by Plaintiff in the event that, prior to final disposition of this action,

additional relevant information comes to the attention of, or becomes available to, Plaintiff,

Plaintiff’s attorney, consultants, representatives, agents, or any other person acting on behalf of

Plaintiff. Without being requested by Defendant, Plaintiff must properly amend any answer when

it is discovered to have been incorrect when made, or when it is discovered to be no longer true

and circumstances are such that failure to amend is in substance a knowing concealment. Objection

will be made at the time of trial to any attempt to introduce evidence which is directly sought by

these interrogatories and to which disclosure has not been made.

5. For each interrogatory and subpart thereof, if the information furnished in your answer

is not within your personal knowledge, identify each person who whom the information is a matter

of personal knowledge, if known.

6. “And” as well as “or” shall be construed either disjunctively or conjunctively as may be

required to bring within the scope of these interrogatories any answer which might otherwise be

construed to be outside such scope.

 7. The use of singular terms shall also be construed to include the plural thereof, and vice

versa, as may be required to bring within the scope of these interrogatories any answer which

might otherwise be construed to be outside such scope.

Definitions

The following definitions are applicable to this request for discovery and, unless otherwise

specifically indicated, to all future requests for discovery submitted by this Defendant:

1. “Identify” or “identity”, when used in reference to an entity which is an organization, means

to state:

a. its full name;

b. the address of its principal place of business;

2. “Identify” or “identity”, when used in reference to a natural person means to state:

a. his/her full name;

b. his/her present location, if currently an employee of any of the parties to this lawsuit;

c. his/her present or last known address, if the person is not an employee of any party to

this lawsuit;

d. his/her present or last known position or business affiliation; and

e. his/her position or title at the time indicated by the specific interrogatory;

3. “Identify” or “identity”, when used in reference to a document, means to state:

a. the date of the document;

b. the type of document (e.g., letter, memorandum, etc.);

c. he names and employers of the corresponding parties if applicable; and

 d. the present location or custodian of the document, or last known location or custodian

if the current whereabouts are unknown.

4. “Agreement” means any contract, meeting of the minds, concert of action, course of

dealing, or understanding, whether written or oral, express or implied, formal or informal,

unless 4 otherwise specified.

5. “Document” includes all checks, correspondence, literature, papers, memoranda,

reports, notes, rough drafts, secretarial notes, notebooks, workpads, diaries, messages,

telegrams, books, letters, photographs, films, tapes, sound recordings, publications, accounting

or bookkeeping ledgers, invoices, orders, delivery slips, receipts, and any other written or

recorded matter of every kind or description, however produced or reproduced, whether draft

or final, original or reproduction, similar to any of the foregoing, in the custody or control of

the Plaintiff, or known to Plaintiff to have been created.

6. “Individual” means the plural as well as the singular, and includes any natural persona

and any firm, corporation, association, partnership, or other form of legal entity.

7. “You” or “your” means the party to whom this request for discovery is directed,

including any agents, representatives, attorneys, parent companies, subsidiaries, affiliates,

predecessors, successors, and divested divisions or subsidiaries.

8. “Regarding”, “relating to”, or “pertaining to”, when used with respect to a document,

agreement, subject, or fact, means embodying, containing, evidencing, reflecting, reciting,

recording, supporting, refuting, or referring to.

9. “Meeting” or “meetings” means a formal or informal meeting, assembly, convention,

gathering, conversation (including telephone conversations), communication of any type,

 coincidence of presence, whether chance or prearranged, or meeting of the minds of two or

more persons, and shall include any one or more meetings, any part of a meeting, all of the

meetings, of any intermediate number of meetings.

INTERROGATORIES

1. State your date of birth.

ANSWER:

2. State any other names by which you have been known, and the dates you were

known by each.

ANSWER:

3. State each of your residence addresses, in order, during the past ten (10) years, and

for each address give the dates during which you resided at that address.

ANSWER:
 4. Identify each business and/or employment you have had in the past ten (10) years

and state the dates during which you were employed at/or by each. For each business and/or

employment identified, state your job title and/or description.

ANSWER:

5. If you have been treated in a hospital in the past ten (10) years, for each such

hospital state the dates of treatment, confinement, and/or emergency care; identify the hospital,

and state the reason, condition and/or injury which necessitated the treatment.

ANSWER:

6. Identify any and all persons about whom you have any knowledge who were or

claim to have been witnesses to the occurrence described in the Petition.

ANSWER:

7. Identify all statements, written, recorded or stenographic, obtained from or

furnished by any person or any party to this action, in connection with the occurrence herein,

irrespective of whether the statement was obtained by you, on your behalf, or from any other

source.

ANSWER:

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 8. Identify all photographs of which you have notice or knowledge taken with regard

to the occurrence which is the subject matter of this lawsuit, or the investigation thereof.

ANSWER:

9. Identify all medical practitioners or medical institutions that treated or examined

you for any condition of health you claim was caused or aggravated by the occurrence which is

the subject matter of this lawsuit setting forth the dates that said treatments or examinations were

rendered and the cost of said treatments or examinations.

ANSWER:

10. If you have been released from treatment, state the date of such release.

ANSWER:

11. Itemize your medical expenses and any other damages you claim to date.

ANSWER:

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 12. Fully describe and explain any wage or earning loss you allege as the result of the

injuries you claim to have sustained.

ANSWER:

13. If you have been injured in any way during the past ten (10) years (other than in the

accident described in your Petition), state the following:

(a) The date and place such injury was sustained;

(b) The type of accident involved;

(c) The injuries you sustained;

(d) Identify all medical practitioners who treated or examined you therefore.

ANSWER:

14. Except for your Petition in this case, if you have ever made a claim, filed a suit for

damages of any kind, or made a worker's compensation claim, state the following for each:

(a) The court or organization with whom the claim or suit was made or filed;

(b) The name and address of the party against whom made;

(c) The date and injuries claimed.

ANSWER:

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 15. Were you married at the time of the occurrence? ( ) Yes ( ) No

If “Yes,” state the spouse’s full name and present address.

ANSWER:

16. Identify each person who you intend to use at trial to present expert testimony and,

for each, state:

a. The subject matter on which the expert is expected to testify;

b. The substance of the facts and opinions to which the expert is expected to

testify; and

c. For experts retained or specially employed to provide expert testimony, a

summary of the grounds for each opinion.

ANSWER:

17. Are you now receiving, or have you ever received any disability benefits from any

source? ( ) Yes ( ) No

If “Yes,” identify the source of the disability benefits.

ANSWER:

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 18. If you have received any payment from any insurance company as a result of the

occurrence described in your Petition, state the following:

a. The name and address of the person, organization or insurance company

from whom benefits have been received;

b. The exact nature and amount of benefits received.

ANSWER:

19. State the amount of money you claim from this Defendant as a result of the

occurrence described in your Petition.

ANSWER:

20. Have you ever pleaded guilty to or been convicted of a felony or misdemeanor?

(This does not include municipal court convictions.) ( ) Yes ( ) No

If “Yes,” state the nature of the offense, the date of the plea or conviction, and the court.

ANSWER:

21. Specifically describe each injury you claim you received in the occurrence

described in your Petition.

ANSWER:

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Respectfully submitted,

FLEACEM, CHEATUM & HOWE, P.C.

ATTORNEYS FOR DEFENDANT

By: Devlin Howe

Kansas Bar No. 000666

Fleacem, Cheatum, & Howe, P.C.

5614 College Blvd., Suite 200
Overland Park, KS 66210
Phone: (913) 913-4900
E-mail: dhowe666@gmail.com

ATTORNEY FOR RESPONDENT

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 PLAINTIFF’S SWORN SIGNATURE

STATE OF )
) ss:
COUNTY OF )

The below named person, being duly sworn on oath, states that he/she has read the

foregoing Interrogatories and the answers given are true to the best of affiant’s knowledge and

belief.

_________________________________
Signature of Party
(not signed by attorney)

The foregoing answers to interrogatories were subscribed and sworn to before me this ___
day of _________________, 20_____.

__________________________________
Notary Public

My commission expires:

_____________________

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 CERTIFICATE OF SERVICE

I, Devlin Howe, Attorney for Defendant, state that I served a copy of the foregoing
Interrogatories on Plaintiff by mailing a copy, by first class U.S. Mail, on _____________ 2005,
to Plaintiff’s attorney at the following address:

Dolly Dooright
Noble & Justus, P.C.
9616 Indian Creek Parkway, Suite 900
Overland Park, Kansas 66212
(Attorney for Plaintiff)

By: Devlin Howe

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