Civil Procedure for R.I.

Paralegals
First Edition - 2000 Printing

Sample Pleadings in a Auto Accident Case
The following documents are designed to show the kinds of pleadings that may arise in a civil lawsuit. The typical case would not have all of these pleadings, but this sample was set up to show the range of pleadings that are possible and the interrelationship between them. The sample shows (1) a complaint, which starts off the lawsuit; (2) one of the defendant’s answer; (3) a second defendant’s answer which includes a counterclaim against one of the plaintiffs and a cross-claim against the other defendant; (4) the reply to t he counterclaim by the plaintiff; (5) the answer to t he cross-claim by the other defendant; (6) a third party complaint by one of the defendants against a new party who is or may be liable for the damages sought in the lawsuit; and (7) the answer to the third party complaint. Studying these sample pleadings should give the student a complete overview of and a solid grasp of the function of pleadings in a lawsuit, which is to define the issues in terms of the claims and defenses asserted by each of the parties. Pleadings set the stage for the two other major areas of civil litigation we will be studying - motions and discovery - but pleadings are the foundation on which the entire civil action rests.

II - 1

STATE OF RHODE ISLAND PROVIDENCE, SC. THOMAS DORR and LINDA HOPKINS, Plaintiffs v. PETER EDWARDS, and TRI-STATE FREIGHT LINES, INC., Defendants : : : : : : : :

SUPERIOR COURT

C.A. No.

COMPLAINT COUNT I 1 Defendant, Tri-State Freight Lines, Inc. (hereinafter Tri-State), is a corporation organized under the laws of the Commonwealth of Massachusetts, operating a motor freight line from its principal office in Erehwon, Massachusetts. On or about February 1, 1995, Defendant Peter Edwards (hereinafter Edwards), a resident of Connecticut, was operat ing a truck owned by Defendant Tri-State as its agent, and was traveling in an easterly direction on Route 6, so called, a public highway in the City of Providence, Rhode Island. On or about February 1, 1995, Plaintiff Thomas Dorr, while in the exercise of due care, was operating his automobile on said Route 6, also heading in an easterly direction, in the City of Providence, Rhode Island. The vehicle owned by the Defendant Tri-State and operated by the Defendant Edwards did negligently collide with and strike the rear of Plaintiff Thomas Dorr’s automobile on said date, damaging said Plaintiff. Plaintiff Thomas Dorr’s damages consist of: A. Expenses for medical treatment and hospitalization B. Future expenses for medical treatment C. Loss of Wages D. Future loss of wages and earning capacity E. Conscious pain and suffering F. Future conscious pain and suffering. G. Permanent injuries to the affected parts. H. Damage to his 1990 Oldsmobile Cutlass II - 2

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On or about February 1. Plaintiff Thomas Dorr demands judgment against the Defendants. Paragraph 1 and Paragraph 2 of Count I are hereby incorporated as Paragraph 1 and Paragraph 2 of this Count II. Plaintiff Linda Hopkins was a passenger in the automobile of Plaintiff Thomas Dorr. Loss of wages D. Conscious pain and suffering F. Plaint iffs hereby claim a trial by jury and designates Roger Williams as trial counsel. 3.3 . and which automobile was on said Route 6. 5. a public highway in the City of Providence. Permanent injuries to the affected parts. jointly or severally as the law allows. together with interest and costs. in an amount sufficient to invoke the jurisdiction of the court. B. 1997 II . WHEREFORE: A. Rhode Island 02000 (401) 222-6666 DATED: January 30. Rhode Island. ____________________ Roger Williams #8888 Williams and Jones High Point Building Narragansett Bay. jointly or severally as the law allows. Expenses for medical treatment and hospitalization B.COUNT II 1. 4. Future loss of wages E. The vehicle owned by the Defendant Tri-State and operated by the Defendant Edwards did negligently collide with and strike the rear of Plaintiff Thomas Dorr’s automobile on said date. together with interest and costs. in an amount sufficient to invoke the jurisdiction of the court. Future conscious pain and suffering G. Plaintiff Linda Hopkins demands judgment against the Defendants. damaging the Plaintiff Linda Hopkins. Expenses for future medical treatment C. Plaintiff Linda Hopkins’s damages consist of: A. 1995. Thomas Dorr & Linda Hopkins By Their Att orney.

97-10000 ANSWER OF DEFENDANT. Defendant admits the allegations of Paragraph 2 of Count II.4 . 7. II . 8. Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations of Paragraph 1 of Count II.A. Plaintiffs v. 3.STATE OF RHODE ISLAND PROVIDENCE. et al. Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations of Paragraph 5 of Count I. 6. Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations of Paragraph 1 of Count I. No. PETER EDWARDS. 5. If the Plaintiffs were injured then their injuries were caused by their own negligence in that the Plaintiff Thomas Dorr negligently backed into vehicle operated by this Defendant. Defendant is without knowledge and information sufficient to form a belief as to the truth of the allegations of paragraph 5 of Count II. Defendant denies the allegations of Paragraph 3 and 4 of Count II. 4. et al. PETER EDWARDS 1. Defendant denies the allegations of Paragraphs 3 and 4 of Count I. FIRST DEFENSE 2. Defendants : : : : : : SUPERIOR COURT C. SC. Defendant admits the allegations of Paragraph 2 of Count I. THOMAS DORR.

to the following attorneys on the day of . Pet er Edwards. R. ` __________________________ Harry Keenan #9999 Lowridge Road.5 . Esq. Slow Street North Warwick. 1997 Certificate of Service I hereby certify that a true copy of the within pleading was sent. Williams and Jones High Point Building Narragansett Bay.I. Defendant. postage prepaid. Rhode Island 02800 (401) 111-7777 DATED: February 14. Defendant Peter Edwards demands judgment against the Plaintiffs on Plaintiffs’ Complaint and t hat said Complaint be denied and dismissed against him. 1997: Roger Williams. Esq. claims a trial by jury. Peter Edwards By His Att orney. Rhode Island 02800 George Anderson. 02900 II .WHEREFORE. West Kingston.

TRI-STATE FREIGHT LINES. AFFIRMATIVE DEFENSES. and LINDA HOPKINS. Defendant Tri-State admits the allegations of Paragraph 1 of Count II. 4.6 . COUNTERCLAIM. 6. SECOND DEFENSE If the Plaintiffs were injured as alleged. Defendant Tri-State denies the allegations of Paragraphs 2.STATE OF RHODE ISLAND PROVIDENCE. Plaintiffs v. 97-10000 ANSWER. 3 and 4 of Count II. admits the allegation of Paragraph 1 of Count I. Defendants : : : : : : : : SUPERIOR COURT C. INC. Defendant Tri-State is without knowledge of information sufficient to form a belief as to the truth of the allegations of Paragraph 5 of Count II. Tri-State Freight Lines. then these injuries were caused by the negligence of Plaintiff Thomas Dorr in that he negligently backed into Defendant’s vehicle. (hereinafter Tri-State). 2.A. Defendant. INC. Defendant Tri-State denies the allegations of Paragraphs 2. THOMAS DORR. SC. 1. II . and 4 of Count I. 3. Defendant Tri-State is without knowledge or information sufficient to form a belief as to the truth of the allegations of Paragraph 5 of Count I. No. 5. 3. Inc. FIRST AFFIRMATIVE DEFENSE Defendant Peter Edwards (hereinafter Edwards) was operating the truck o wned by Defendant Tri-State without the specific consent and permission of this Defendant. PETER EDWARDS. and TRI-STATE FREIGHT LINES. AND CROSS-CLAIM OF DEFENDANT.

During this time and date Defendant Edwards was on a frolic totally unrelated to any business use of his employer and was not on any company time or function. 1995. demands judgment against the Plaintiffs on Plaintiffs’ Complaint and that said Complaint be denied and dismissed against it. Inc. Defendant. 3. and negligently collided with Defendant Tri-State’s truck. As a result of Defendant Edwards’s negligence while operating the truck of Defendant TriState on said date.. 3. Defendant. Defendant Tri-State was damaged. Defendant Tri-State’s damages consist of: A. the Plaintiffs allegedly were injured. Tri-State Freight Lines. which was backing up against traffic on Route 6. COUNTERCLAIM AGAINST PLAINTIFF THOMAS DORR 1. together with interest and costs.. Defendant. Defendant. PETER EDWARDS 1. a public highway. hereby claims a trial by jury. demands judgment against Plaintiff Thomas Dorr in an amount sufficient to establish jurisdiction of this Court. Defendant Edwards used Defendant Tri-State’s truck without permission and against company regulations. The loss of use of said vehicle and the earnings therefrom. viz. Tri-State Freight Lines. Route 6 and was being operated with due care. WHEREFORE.. .. On or about February 1. Rhode Island. Inc. 1995 the truck of Defendant Tri-State was traveling easterly on a public highway in the City of Providence.7 2.WHEREFORE. The total destruction and loss of its 10 ton truck. 4. II . 2. Inc. B. Inc. claims a trial by jury. On or about February 1. Tri-State Freight Lines. CROSS-CLAIM AGAINST DEFENDANT. Tri-State Freight Lines. Plaintiff Thomas Dorr was on that date the owner and operator of an automobile. As a result of the Plaintiff’s negligence.

Peter Edwards. then the negligence was that of Defendant Edwards.4. 1997: Roger Williams. Lowridge Road West Kingston. and which injuries arose from negligence not o f their own making. Tri-State Freight Lines. postage prepaid. in favor of the Plaintiffs. 1997 Certificate of Service I hereby certify that a true copy of the within pleading was sent. Defendant Edwards was acting independently on a lark and frolic of his own without permission and consent of Defendant Tri-State. Defendant Tri-State specifically denies that Defendant Edwards was on the day or dates material hereto an agent and/or servant of Defendant Tri-State. Rather. Rhode Island 02000 (401) 999-0000 DATED: February 18. 6. for all sums which may be adjudged against Defendant. which negligence was not that of Defendant Tri-State. Tri-State Freight Lines. Inc. Esq. By It s Attorney. Tri-State Freight Lines. to the following attorneys on the day of . Inc. _________________________ George Anderson #7777 Slow Street North. 5. WHEREFORE. Rhode Island 02800 Harry Keenan. then Defendant Tri-State is entitled to recover from. Therefore. demands judgment against Defendant.8 . and which negligence it specifically denies. Defendant. Rhode Island 02800 II . Defendant Edwards for all sums adjudged against it in favor of Plaintiffs and resulting from the negligence of Defendant Edwards. Esq. if Defendant Tri-State should be held liable for the negligence of Defendant Edwards. Williams and Jones High Point Building Narragansett Bay. Inc. or be indemnified by.. If the Plaintiffs sustained injuries as alleged by them in their Co mplaint.

Defendants : : : : : : : : C. FIRST DEFENSE: Plaintiff Thomas Dorr was lawfully stopped in traffic and was rear-ended by Defendant TriState’s truck then and there being negligently operated by Defendant Tri-State’s servant and agent. Thomas Dorr By His Att orney. SC. Plaintiff Thomas Dorr denies the allegations of Paragraph 2 and 3 of Defendant’s Counterclaim. and LINDA HOPKINS. Plaintiff Thomas Dorr is without knowledge or information sufficient to form a belief as to the truth of the allegations of Paragraph 4 of the Counterclaim. Plaintiff Thomas Dorr demands judgment on Defendant’s Counterclaim and that said Counterclaim be denied and dismissed. TRI-STATE FREIGHT LINES.’S COUNTERCLAIM 1. Rhode Island 02800 (401) 222-6666 DATED: February 25. and TRI-STATE FREIGHT LINES. No.. ____________________ Roger Williams #8888 High Point Building Narragansett Bay. 4. 97-10000 PLAINTIFF THOMAS DORR’S REPLY TO DEFENDANT. Defendant Peter Edwards.9 2. INC. .A. PETER EDWARDS. Plaintiffs v. SUPERIOR COURT THOMAS DORR. 1997 II . Plaintiff Thomas Dorr admits the allegations of Paragraph 1 of Defendant’s Counterclaim except for the particular allegation of “due care” which allegation Plaintiffs specifically deny.STATE OF RHODE ISLAND PROVIDENCE. INC. WHEREFORE.

postage prepaid. Rhode Island 02800 II . 1997: George Anderson. Esq. Slow Street North Warwick.10 . to t he following attorneys on the day of .Certificate of Service I hereby certify that a true copy of the within pleading was sent. Lowridge Road West Kingston. Rhode Island 02900 Harry Keenan. Esq.

_________________ Harry Keenan #9999 Lowridge Road. Plaintiffs v.’s Cross-claim against him. Rhode Island 02800 George Anderson.STATE OF RHODE ISLAND PROVIDENCE. TRI-STATE FREIGHT LINES. By His Att orney. INC. to use the vehicle for personal use. Rhode Island 02900 II . Inc. Inc. Rhode Island 02000 (401) 111-7777 DATED: February 28. postage prepaid. Esq. 1997 Certificate of Service I hereby certify that a true copy of the within pleading was sent. High Point Building Narragansett Bay.. and LINDA HOPKINS. CROSS-CLAIM Defendant Peter Edwards denies each and every allegation of Defendant. Esq. PETER EDWARDS. THOMAS DORR. Slow Street North Warwick. No.A. 1997: Roger Williams. Defendant Peter Edwards hereby claims a trial by jury. Defendants : : : : : : : SUPERIOR COURT C. Tri-State Freight Lines.11 . Tri-State Freight Lines. to the following attorneys on the day of . and had the specific permission and specific consent of TriState Freight Lines. SC. INC. FIRST DEFENSE Defendant Peter Edwards was at all times acting within the scope of his employment with Defendant.. West. Inc. 97-10000 DEFENDANT PETER EDWARDS’ ANSWER TO DEFENDANT. and TRI-STATE FREIGHT LINES.

. II .. 1995. Inc. Inc. Inc. negligently collided with the automobile occupied by them.A. Defendant and Third Party Plaintiff v.. OCEAN STATES BRAKES CO. is entitled to judgement against Ocean State Brakes Co. SUPERIOR COURT THOMAS DORR and LINDA HOPKINS Plaintiffs v. Inc. PETER EDWARDS. 3. INC.’s truck allegedly repairing same. INC. 4. 97-10000 THIRD PARTY COMPLAINT 1. Defendant and TRI-STATE FREIGHT LINES. was the sole cause of Plaintiffs’ damages and injuries. No.STATE OF RHODE ISLAND PROVIDENCE. the brakes failed. Exhibit “A” alleges that Plaintiffs were injured when a truck owned by Tri-State Freight Lines. Third Party Defendant : : : : : : : : : : : : : C. Third Party Defendant had worked on the brakes of Tri-State Freight Lines. During the morning of January 31. a copy of which is attached heret o as Exhibits “A” and made a part hereof by reference. for all such sums since the negligence of Ocean State Brakes Co. Inc. having been negligently repaired by Third Party Defendant If Plaintiffs recover against Tri-State Freight Lines. 2. SC. Inc. 5.12 .. Defendant and Third Party Plaintiff. When the driver of Tri-State Freight Lines’ truck applied his brakes to avoid Plaintiff’s vehicle. Inc. Plaintiffs have filed a Complaint against Tri-State Freight Lines. any judgment for their damages then Tri-State Freight Lines.

together with all costs incident to the defense of the principal suit.. demands judgment against Ocean State Brakes Co. By It s Attorney. Defendant. as Defendant. Third Party Defendant. ____________________ George Anderson #7777 Slow Street North Warwick. Inc. Rhode Island 02900 (401) 999-0000 DATED: February 22. 1995 II . Tri-State Freight Lines. Inc.WHEREFORE. for all sums that may be adjudged against Tri-State Freight Lines. hereby claims a trial by jury. Inc. Defendant and Third Party Plaintiff. Inc.. Tri-State Freight Lines... Tri-State Freight Lines.13 . Inc.. in favor of Plaintiffs.

A. SUPERIOR COURT THOMAS DORR and LINDA HOPKINS. II . 5. 3. the Third Party Defendant is without knowledge or information sufficient to form a belief as to the truth thereof. and that the Third Party Complaint be denied and dismissed. INC. Third Party Defendant admits the allegations of Paragraph 3 of the Third Party Complaint. Third Party Defendant : : : : : : : : : : : : : C. Defendant and TRI-STATE FREIGHT LINES.. SC. Ocean State Brakes Co. Plaintiffs v. Third Party Defendant. 4.STATE OF RHODE ISLAND PROVIDENCE. WHEREFORE. Inc. Third Party Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations of Paragraph 1 and Paragraph 2 of the Third Party Complaint. demands judgment against Defendant and Third Party Plaintiff. Third Party Defendant denies the allegation of Paragraph 5 of the Third Party Complaint. INC.. As for all other allegations of said Paragraph 4. Third Party Defendant specifically denies the allegation of negligent repair set forth in Paragraph 4 of the Third Party Complaint.14 . No. OCEAN STATE BRAKES CO. PETER EDWARDS.. Defendant and Third Party Plaintiff v. 97-10000 ANSWER OF THIRD PARTY DEFENDANT 1.

Esq.. Ocean State Brakes Co. to t he following attorneys on the day of . hereby claims a trail by jury. Lowridge Road West Kingston.. R. Rhode Island 02800 (401) 555-8888 DATED: March 8. 1997: Roger Williams. Rhode Island 02800 Harry Keenan. Inc. Slow Street North Warwick.. 02900 II . By It s Attorney. 1997 Certificate of Service I hereby certify that a true copy of the within pleading was sent. postage prepaid. Rhode Island 02800 George Anderson. Esq.15 . Esq. Ocean State Brakes Co. _________________ Sarah Duff # 6666 75 Sugar Street South Wickford. Inc.Third Part y Defendant.I. Williams and Jones High Point Building Narragansett Bay.

BIG RAY’S MARKET..m. SC.16 2. Does the Defendant deny that the Plaintiff suffered a fall and injuries resulting therefrom in the store located in Warwick on or abo ut (Date)? If not. occupation and capacity with the Defendant of the person answering these interrogatories. age. 99-3456 PLAINTIFF'S INTERROGATORIES TO BE ANSWERED BY DEFENDANT Pursuant to Rules 26 and 33 of the Superior Court Rules of Civil Procedure. 6. firm or corporation which owns the building where Big Ray’s Market at 100 Elm Street. on (Date). please provide: ( a ) the area of the sto re in which the Plaint iff fell.Sample Slip & Fall Interrogatories STATE OF RHODE ISLAND WASHINGTON. so called.A. 4. 3. 5. Please state the name and address of all employees of the Defendant who were on the premises of the Warwick store between the hours of 9 a. Plaintiff v. and ( c ) how the Plaintiff came to fall on the floor in the Defendant's place of business. in Warwick is located. . ( b ) a description of the floor in the area of where the Plaintiff fell . Please state the name. Defendant : : : : : : : SUPERIOR COURT C. INC. Does the Defendant o r any of its agents or servants have any knowledge of the facts described in the Plaintiff's Complaint? II .m. business address. the Plaintiff hereby submits the following interrogatories are to be answered by the Defendant under oath within forty days from the date of service hereof: 1. No. LOUISE BLACK. home address. Please state the name and address of the person. and 5 p.

have cause to have take any photographs of the area in which the Plaintiff fell? If so. and ( c ) whether or not each such person was an eye witness to the Plaintiff's fall. ( d ) whether any such claims were litigated.17 8. When did any agent or servant of the Defendant first see the Plaintiff subsequent to her fall on (Date)? With respect to the above. ( b ) what the Plaintiff was doing at that time. 14. and ( d ) with respect to such conversation. or its agents or servants. . please state the nature and contents. address and capacity with the Defendant of each such person who first saw the Plaintiff. please state ( a ) the name. 13. 12. please state: ( a ) the names and addresses of each such person. please state ( a ) the terms o f the policy. please indicate ( a ) the date each photo graph was taken. ( c ) whether any such person had a conversation with the Plaintiff at that time. please state ( a ) the name. ( c ) whether any claims were made against the Defendant. Rhode Island. address and capacity with the Defendant o f any such person having such knowledge. 15. ( b ) the name of the company issuing the policy. 9. on (Date)? If so. and ( c ) the amount of coverage for liability. Did the Defendant have a policy of liability insurance covering any liability arising out of the Defendant's ownership or occupancy of the store in Warwick. II . 10. and ( e ) a description of the caption and number of the case as well as the results of any litigation.7. ( b ) the number of photographs taken. 11. On what specific facts does the Defendant rely upon in making its defense that it was not negligent in any way on (Date)? Did the Defendant. ( b ) whether or not each such person still remains in the employ of the Defendant. ( b ) the date of each fall. and ( c ) in whose custody such photographs now are. If so. If so.

19. ( b ) the name and address and capacity of the person with the Defendant who took the statement. Please state whether or not an examination was made of the area in which the Plaintiff fell subsequent to her fall on (Date). Able #0000 Able & White 1000 South Smith Street Providence. ( c ) what type of cleanser was used on the floor. 17. ( b ) what type of machinery. 18. so-called. please state ( a ) at what time the floor was cleaned. in Warwick on (Date)? Please describe how the fall complained of in the Plaintiff's Complaint occurred? If a written or verbal statement has been taken from any person. and if so.18 . and if so. please state ( a ) the name and address of the person who gave the statement. Was the floor of the Defendant's premises cleaned or mopped on (Date). 02903 (401) 421-0000 II .16. what the examination revealed. 22.I. George Z. 20. ( d ) whether the statement is oral or written. and for each state: ( a ) the name. ( c ) the date of the statement. and telephone number of the witness ( b ) the subject matter on which the expert is expected to testify ( c ) the substance of the facts and opinions to which the expert is expected to t estify. address. and ( d ) the name. 21. R. and (d ) a summary of the grounds for each opinion Louise Black By Her Attorney. address and capacity with the Defendant of the person who cleaned the floor. prior to the Plaintiff's fall. or utensils were used to clean the floor. Identify all expert witnesses whom you expect to testify at trial. and ( e ) who currently has custody of the statement. Does the Plaintiff deny that the floor of the Defendant's premises was wet in the area where the Plaintiff fell at the time of her fall on (Date)? Please state the name and address of the store manager of the Big Ray’s Market at 100 Elm Street. tools.

Certificate of Service I hereby certify that a true copy of the within document was sent.19 ..I. R. 1999: II . Narragansett Bay. Williams and Jones. to Roger Williams. postage prepaid. 02800 on the day of . High Point Building. Esq.

if any. Kindly give in detail the nature. BIG RAY’S MARKET. along with any other names by which you are known. the nature of each treatment. INC.. 3. an itemized statement of the charges for said treatment and care. 4. the dates of such treatment. the nature of the treatment.A. and an itemized statement of the charges for such treatment. SC.20 . Please state your full name. State from your own knowledge the facts you possess in regard to the negligence alleged in the complaint. Social Security Number. 99-3456 DEFENDANT'S INTERROGATORIES TO BE ANSWERED BY PLAINTIFF Pursuant to Rules 26 and 33 of the Superior Court Rules of Civil Procedure. II . 2. marital status. please state the name of the hospital or hospitals in which you were confined. Plaintiff v. the Defendant hereby submits the following interrogatories are to be answered by the Plaintiff under oath within forty days from the date of service hereof: 1. and business address. extent and location of the injuries alleged to have been suffered by you and those injuries suffered by you. If hospitalized as a result of the alleged injuries. 5. the date of each treatment. the period of confinement or confinements.Sample Slip & Fall Interrogatories STATE OF RHODE ISLAND WASHINGTON. Defendant : : : : : : : SUPERIOR COURT C. LOUISE BLACK. your date of birth. residence address. No. Please state the name and address of each doctor who treated you for injuries alleged. which are alleged to be permanent in nature.

and state your actual total in dollars. If you had any injury. please state the name and address of the person. disease or abnormality of any kind prior to or subsequent to t he accident or incident alleged in this action for which you sought medical attention. If you were employed or self-employed at the time of alleged accident or incident. Also state the dates of such treatment and the names and addresses of any and all persons against whom any claim was made or action commenced (giving name and location of such court or commission). including dates.21 . Please state the name and address of each witness which may have any knowledge concerning the alleged accident or incident who is known to you. please state the name of the company or companies. please state the length of time you received it and the amount received. please state the nature of your said employment and the length of time so employed.6. the names and addresses o f all hospitals and doctors who treated you for each such injury. the nature and date of each such injury. the amount of money received. or any person acting in your behalf. disease or other abnormality. 10. and whether or not you are willing to produce upon t he defendant's request a copy of any covenant. 8. firm or company or any benefits under the Workers' Compensation Act. by whom and when such photo graphs were taken. vehicles. your average weekly or monthly earnings at the time of the alleged accident or incident. 7. and the name and address of the person or persons who now have possession of them. disease or abno rmality. If you have received any money in full or partial set tlement of any claim arising out of this incident from any person. If you had Blue Cross or any other type of health or accident insurance in effect at the time of the alleged accident. as a result of such injury. your attorney. the amount of money you received under such insurance. and t he name or names of any doctors who may have examined you in relation to such insurance. disease or abnormality. 12. the period of time. the date on which you received the money. 11. State whether or not you received unemployment compensation at any time subsequent t o the date of the alleged accident. please give an itemization of any expenses or losses not already set forth in answers to previous questions. If you received unemployment compensation. firm or company from whom you received it. 13. if applicable. 9. the name and address of your employer. II . State whether any phot ographs were taken of the premises. please state the time and place of such occurrence or occurrences. or scene of the accident or incident. In relation to this action. release or discharge that may be in existence. during which you were prevented from carrying on your usual occupation.

State the amount of money paid to you as wages in the eight weeks preceding your alleged injury. State precisely and in detail how your alleged fall occurred.14. please identify those persons who have given such statements. including the name and address of your employer. State what you were doing during the time you were in the defendant's premises. 19. and the identifying number of said case or cases. and the length of time you have been engaged in such work. Identify all expert witnesses whom you expect to testify at trial. how you got to the premises. 23. 15. including exactly where and how you fell and where and how you landed. memoranda or other written materials. and your relationship (blood or otherwise) to any such person or persons.22 . the court said action or actions are pending in. firm or corporation by whom you were employed in the five years preceding your alleged injury and the nature of your employment by each such person. address. and the time of the alleged fall. firm or corporation. If you are working at the present time. State how you entered the premises of the defendants. 20. If any statements. If household help was required. and if so. state the name or names of the parties sued. State whether or not you have commenced an action against any other person or persons in connection with this incident. 18. and telephone number of the witness ( b ) the subject matter on which the expert is expected to testify ( c ) the substance of the facts and opinions to which the expert is expected to t estify. 16. please state the name and address of such person or persons. the nature of your work. State how you came to be in the defendant's premises. II . 17. 21. 22. the average weekly earnings from such work. and for each state: ( a ) the name. the length of time required. including the name and address of the person in whose custody such items are at the present time. the amount of money paid per week to each person hired. and (d ) a summary of the grounds for each opinion State the name and address of each person. reports. reports. if any. 24. the time of your arrival. memoranda or other written materials have been obtained from any of the persons. please state the name and address of your employer.

30. R. 02900 on the day of . Esq. Did you take any drugs or medications during the four-hour period prior to your alleged fall. to George Z.. the quantity. if so. identify what was consumed. By It s Attorney. state the date and place of each such injury. and the time period same was taken. 28. 27.23 . Aside from traffic violations. Providence. and the time period same was consumed. 29. Inc. Able & White. Big Ray’s Market. 100 South Smith Street. State whether or not you have or anyone in your behalf has made a claim against any person or corporation for injury by accident within the period of five years before or since the date of the incident set forth in the within complaint.25. Able. 1999: II . the quantity or amount. If your answer to the foregoing question is affirmative. the name and address of the parties involved in each such incident and t he name and address of each person against whom claim was made or suit was brought. identify what was taken. if so. 02800 (401) 295-0000 Certificate of Service I hereby certify that a true copy of the within document was sent. Rogers Williams #9999 Williams and Jones High Point Building Narragansett Bay. postage prepaid. Did you consume any alcoholic beverages during the four-hour period prior to your alleged fall.I. have you ever been convicted of any offenses under the criminal laws of any state. Describe the shoes you were wearing at the time of your alleged fall and describe any damage to same which occurred at the time of the fall. the injuries sustained. R.I. 26.

INC. LOUISE BLACK. BIG RAY’S MARKET. 2000. Louise Black PLEASE TAKE NOTICE that. 1999: II . Providence. Defendant : : : : : : : SUPERIOR COURT C. at the offices of Williams and Jones.. Rhode Island. the defendant Big Ray’s Market. In accordance with Rule 30(b). Inc. R. will take the deposition of Louise Black.I. R. acting by and through its attorneys.I. to George Z.. Rogers Williams #9999 Williams and Jones High Point Building Narragansett Bay. Plaintiff at 10:00 A. and not by any other method. Plaintiff v.STATE OF RHODE ISLAND WASHINGTON.M. Inc. 100 South Smith Street. No.. Big Ray’s Market. Able & White. Narragansett Bay. the parties are not ified that the deposition shall be recorded by stenographic means.24 . 99-3456 Notice of Deposition of Plaintiff. on the 20th day of February. SC. Able. and cont inuing from day to day thereafter.A. High Point Building. By Its Attorneys. 02800 (401) 295-0000 Certificate of Service I hereby certify that a true copy of the within document was sent. Esq. postage prepaid. Williams and Jones. pursuant to Rule 30 of the Superior Court Rules of Civil Procedure. 02900 on the day of .

hereby requests that the plaintiff. Inc. Louise Black. produce and permit the defendant to inspect and copy at the offices of Williams and Jones within the time period established under Rule 34(b) the documents identified below: 1.A. All wage statement or pay stubs covering a period from two months before the incident alleged in your complaint to two months after you allege you were able to return to work full time. Esq. 2. or other graphic representa tions of the scene of the incident you allege in your complaint. 99-3456 Request for Production from Defendant to Plaintiff Pursuant to Rules 26 and Rule 34 of the Superior Court Rules of Civil Procedure. videotapes.25 . BIG RAY’S MARKET. or any other documents of any kind. 02800 (401) 295-0000 Certificate of Service I hereby certify that a true copy of the within document was sent. Providence. Rogers Williams #9999 Williams and Jones High Point Building Narragansett Bay. including but not limited to doctor’s notes. By Its Attorneys.I. Plaintiff v. Inc.. x-ray reports. 4. postage pr epaid. : Defendant : : : : : : SUPERIOR COURT C. Able & White. 1999: II . to George Z. All photographs. INC. or other graphic representations of the injuries you allege in your complaint. 02900 on the day of . LOUISE BLACK. All photographs. nurse’s notes. videotapes. diagrams. Big Ray’s Market. All documents in your possession which rela te to the injuries you allege in your complaint. diagrams. the defendant Big Ray’s Market. Able. 3. physical therapy records. bills or invoices setting forth the cost of treat ments. 100 South Smith Street. SC. R.I.STATE OF RHODE ISLAND WASHINGTON. hospital records. No.. R.

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