IN THE DISTRICT COURT OF TULSA COUNTY,

STATE OF OKLAHOMA

C. TEAGUE, individually and as

parent and next friend of D.T., a
minor,
Plaintiff,
vs.

Case No.: CJ-2014-00841

Judge Linda G. Morrissey

DAVID ACUNA, BEATRICE

ACUNA, and ALEX HARD,
Defendants.

DAVID ACUNAs FIRST INTERROGATORIES

TO PLAINTIFF C. TEAGUE
To:

C. Teague
j Charles L. Richardson
7447 S. Lewis Ave.
Tulsa, Oklahoma 74136
You are hereby notified to answer under oath the following

Interrogatories, within thirty (30) days from the date of service, in accordance
with 12 O.S. 3233. If your answers are composite of knowledge of more than
one person, identify by name and address the identity of each persons who
contributed to the answer of these Interrogatories. In the event you anticipate
that you would obtain any type of additional information or witnesses, refer to
the additional information in the answer to Interrogatories, and if additional

information is made available to you, the answers to Interrogatories should be

supplemented with the additional information.
DEFINITIONS
A. You or Your refers to the named plaintiff answering these
Interrogatories.
B. Writing has the same meaning as in 12 O.S. 3234 and includes,
but is not limited to any written material, whether typed, handwritten,
printed or otherwise, or any photograph, photostat, microfilm or any other
reproduction thereof, and including, without limitation, each note,
memorandum, letter, e-mail, telegram, circular, release, article, report,
analysis, chart, account book, draft, summary, diary, transcript, agreement,
contract, deposit slip, bank statement, receipt, stock certificate, bond coupon,
purchase and sale confirmation, monthly securities and commodity
statements.
C.

Person refers to any natural person, firm, association,

partnership, corporation or other form of legal business entity.

D.

Communication refers to telephonic conversations, oral

conversations other than telephonic conversations and writings.

E.

Identify or Identification when used with reference to an

individual person, means to state his full name, residential address and his
past or last known position and business affiliation.
F.

Identify or Identification when used in reference to a

corporation, firm or other entity, means its full name, form of organization
and its present or last known address.
G.

Identify or Identification when used in reference to a writing,

means a description of that writing in a manner sufficient for a subpoena

duces tecum or for production, under Section 3234 of the Oklahoma Discovery
Code. Also, give its present location or custodian. If any writing was, but no
longer is, in your possession or control, state what disposition was made of it,
the date thereof, the person responsible for making the decision as to the
disposition and the person responsible for carrying out the disposition.
H.

Identify or Identification when used in reference to a meeting

or conference, means to state the date of the meeting or conference, the place
of the meeting or conference, the full name and the present or last known
position, business affiliation and residential address of each person attending
the meeting or conference.
I.

Identify or Identification when used in reference to an oral

conversation other than telephonic conversation, means to state when the

conversation took place, where the conversation took place and the full name
and present or last known position, business affiliation and residential
address of each party to the conversation.
INSTRUCTIONS
A.

These Interrogatories are continuing, under Section 3226(E) of the

Oklahoma Discovery Code as to require additional answers if plaintiff

acquires additional information between the time the Answers to
Interrogatories are served and the time of trial. Additional answers must be
seasonably supplemented after you receive the additional or corrective
information. Information requested is to include all information in the
possession of you, your attorney, investigators, and agents.
B.

Each Interrogatory is to be considered as having been fully asked

individually of plaintiff and plaintiff shall file separate answers, first giving
the question, followed by the answering partys response.
C.

Wherever used herein, the singular will include the plural; the

feminine will include the masculine; the disjunctive (or) will include the
conjunctive (and); and the conjunctive (and) will include the disjunctive
(or); and each of the functional words each, every, any and all will
include each of the other functional words.

D.

Interrogatories which cannot be answered in full must be

answered as completely as possible and incomplete answers must be

accompanied by a specification of the reasons for the incompleteness of the
answer, as well as by a statement of whatever knowledge, information or
belief you possess in respect to each unanswered or incompletely answered
interrogatory.
INTERROGATORIES
INTERROGATORY NO. 1.: With respect to each basis of liability
asserted against David Acuna, state the following:
(a)

each alleged act or omission of David Acuna which serves as the

basis for David Acunas alleged liability;

(b)

the material and principal facts which you contend shows that

David Acuna is liable to the plaintiff, listing each alleged fact separately for
each act or omission you have listed in answer to sub-paragraph (a) and
stating which act or omission the alleged fact supports; and
(c)

identify and describe the tangible and documentary evidence

which supports your allegation(s) of liability against David Acuna.

INTERROGATORY NO. 2.: Identify any communications you have
had with David Acuna or persons you believe to be representatives of the
defendant, David Acuna, concerning the basis for liability and damages you

have asserted against David Acuna. For each communication, identify the
following:
(a)

the identity of each persons participating in and each person

present during the communication;

(b)

the type or means of communication (telephonic, e-mail, text, in

person, etc.);
(c)

the content of each communication; and

(d)

the date, time, and location of the communication.

INTERROGATORY NO. 3.: Fully identify the minor D.T., including

her full name, any other name used by D.T., her current address, her birth
date, and her educational background and status, and her employment status.
INTERROGATORY NO. 4.: Identify each person you believe has
information or knowledge which supports or concerns the allegation of
negligence asserted against David Acuna and your claim for damages based
on negligence, and for each person identified, state the following:
(a)

the identity of the person;

(b)

the knowledge you believe the person possesses; and

(c)

identify any communications or writings which support your belief

that the person has or possesses information or knowledge concerning your

allegations of negligence and damages against David Acuna.

INTERROGATORY NO. 5.: State whether D.T. suffered any physical

or mental injury to her person or sustained a medical condition which
required medical care or treatment as a result of the alleged negligent acts of
David Acuna and, if the answer to this interrogatory is in the affirmative,
please state for each physical or mental injury or medical condition:
(a)

a description of each physical injury, mental injury, or medical

condition;
(b)

the name and address of each hospital, clinic, medical office, or

other medical institution or facility where D.T. received care or treatment for
each physical injury, mental injury, or medical condition; and
(c)

the name, address, and dates during which each physician or

other health care provider rendered treatment or services to D.T.

INTERROGATORY NO. 6.: State, with particularity, each medical
expense or other expense which you claim D.T. incurred as a result of physical
injury, mental injury, or medical condition she allegedly suffered as a result of
the alleged negligent act(s) which serve as the basis for your assertion of
liability and damages against David Acuna. With regard to each expense,
please state the identity of the medical provider who required payment for the
expense, the date of the service(s) were provided, and the service(s) provided
by each medical provider.

INTERROGATORY NO. 7.: State, with specificity, the amount of

damages you are seeking from David Acuna in this lawsuit. In answering this
interrogatory, state the amount of damages you are claiming plaintiff has
suffered or will suffer as set forth in the following particulars:
(a)

medical expenses, past and future;

(b)

lost earnings, past and future;

(c)

loss of earning capacity;

(d)

physical pain, past and future;

(e)

mental pain, past and future; and

(f)

permanent disability or impairment.

INTERROGATORY NO. 8.: State the material and principal facts that
support your contention in paragraph No. 8 of your Amended Petition that
the minor plaintiff and other minors at Defendants home were allowed to
consume alcoholic beverages.
INTERROGATORY NO. 9.: State the material and principal facts that
support your contention in paragraph No. 12 of your Amended Petition that
[t]he assault went undeterred, and at no time did Defendants Acuna check on
the well-being of the minor.
INTERROGATORY NO. 10.: State the material and principal facts
that support your contention in paragraph No. 13 of your Amended Petition

that Defendants Acuna acted to conceal and/or destroy evidence of the

assault.
INTERROGATORY NO. 10: State the material and principal facts
that support your contention in paragraph No. 15 of your Amended Petition
that Defendants Acuna owed a duty to the minor as the providers of her wellbeing after the minor was left in their care and custody.
INTERROGATORY NO. 11.: Identify the acts D.T. took to preclude,
avoid, or diminish the severity of any damages on which this lawsuit is based.
INTERROGATORY NO. 12.: Identify and describe the tangible and
documentary evidence that supports your contentions in paragraph Nos. 8, 12,
13, and 15 of your Amended Petition.
Respectfully submitted,
STAUFFER & NATHAN, P.C.

By:
Neal E. Stauffer, OBA No. 13168
Jody R. Nathan, OBA No. 11685
Lawrence W. Zeringue, OBA No. 9996
Nathaniel G. Parrilli, OBA No. 18798
Jessica L. Tait, OBA No. 30748
P.O. Box 702860
Tulsa, OK 74170-2860
918-592-7070 (Telephone)
918-592-7071 (Facsimile)
Attorneys for Defendants David and
Beatrice Acuna

CERTIFICATE OF SERVICE
The undersigned certifies that a true and correct copy of the foregoing
document was deposited in the U.S. Mail on the
day of October 2014,
addressed to the following, with proper postage thereon, fully prepaid:
Charles L. Richardson
Jason C. Messenger
7447 South Lewis Avenue
Tulsa, OK 74136
Attorneys for Plaintiff
Christopher King
Zane Muzaffar
McGivern & Gilliard
P.O. Box 2619
Tulsa, Oklahoma 74103-2619
Attorneys for Defendant Hard
R. Scott Williams
Taylor Ryan Minton Van Dalsem
& Williams, P.C.
1437 South Boulder Avenue, Ste 1080
Tulsa, OK 74119
Attorney for David and Beatrice Acuna

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