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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Plaint iffs hereby claim a trial by jury and designates Roger Williams as trial counsel. Future conscious pain and suffering G. Plaintiff Thomas Dorr demands judgment against the Defendants. together with interest and costs. 1997 II . Permanent injuries to the affected parts. damaging the Plaintiff Linda Hopkins. Conscious pain and suffering F. Rhode Island 02000 (401) 222-6666 DATED: January 30. 3. ____________________ Roger Williams #8888 Williams and Jones High Point Building Narragansett Bay. together with interest and costs. 4. Thomas Dorr & Linda Hopkins By Their Att orney. Plaintiff Linda Hopkins was a passenger in the automobile of Plaintiff Thomas Dorr. On or about February 1. Expenses for future medical treatment C. Rhode Island. in an amount sufficient to invoke the jurisdiction of the court. jointly or severally as the law allows. Loss of wages D.COUNT II 1. a public highway in the City of Providence. B. Expenses for medical treatment and hospitalization B. 5. WHEREFORE: A. in an amount sufficient to invoke the jurisdiction of the court. 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.3 . Plaintiff Linda Hopkins 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’s damages consist of: A. Future loss of wages E. 1995. and which automobile was on said Route 6. jointly or severally as the law allows.

PETER EDWARDS 1. Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations of Paragraph 1 of Count II. PETER EDWARDS. et al. No. Defendant admits the allegations of Paragraph 2 of Count II. 97-10000 ANSWER OF DEFENDANT. Defendant denies the allegations of Paragraphs 3 and 4 of Count I.STATE OF RHODE ISLAND PROVIDENCE. Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations of Paragraph 5 of Count I. Defendant denies the allegations of Paragraph 3 and 4 of Count II. SC. 3. 7. II .4 . Defendant is without knowledge and information sufficient to form a belief as to the truth of the allegations of paragraph 5 of Count II. 6. THOMAS DORR. 4.A. Defendants : : : : : : SUPERIOR COURT C. Defendant admits the allegations of Paragraph 2 of Count I. Plaintiffs v. 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. et al. Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations of Paragraph 1 of Count I. FIRST DEFENSE 2. 8. 5.

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

3. admits the allegation of Paragraph 1 of Count I. II . and LINDA HOPKINS. Plaintiffs v. Defendant. 6. (hereinafter Tri-State). Tri-State Freight Lines. SECOND DEFENSE If the Plaintiffs were injured as alleged. 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. TRI-STATE FREIGHT LINES. INC. AND CROSS-CLAIM OF DEFENDANT. 2. THOMAS DORR. 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. and TRI-STATE FREIGHT LINES. 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. 4. 5.A. Defendants : : : : : : : : SUPERIOR COURT C. No.6 . SC. Inc. 1. 3. and 4 of Count I.STATE OF RHODE ISLAND PROVIDENCE. 97-10000 ANSWER. then these injuries were caused by the negligence of Plaintiff Thomas Dorr in that he negligently backed into Defendant’s vehicle. 3 and 4 of Count II. COUNTERCLAIM. Defendant Tri-State denies the allegations of Paragraphs 2. PETER EDWARDS. Defendant Tri-State denies the allegations of Paragraphs 2. Defendant Tri-State admits the allegations of Paragraph 1 of Count II. INC. AFFIRMATIVE DEFENSES.

Inc. claims a trial by jury. Tri-State Freight Lines. Inc. Tri-State Freight Lines. Plaintiff Thomas Dorr was on that date the owner and operator of an automobile.. a public highway. Defendant Edwards used Defendant Tri-State’s truck without permission and against company regulations. 2. Tri-State Freight Lines.WHEREFORE. As a result of Defendant Edwards’s negligence while operating the truck of Defendant TriState on said date. The loss of use of said vehicle and the earnings therefrom.. The total destruction and loss of its 10 ton truck. Defendant. COUNTERCLAIM AGAINST PLAINTIFF THOMAS DORR 1. 3. viz. 1995. Route 6 and was being operated with due care. together with interest and costs. 3. Inc. Defendant. B. Defendant Tri-State’s damages consist of: A. Inc. Defendant. and negligently collided with Defendant Tri-State’s truck. 1995 the truck of Defendant Tri-State was traveling easterly on a public highway in the City of Providence. hereby claims a trial by jury. Rhode Island. Tri-State Freight Lines. demands judgment against the Plaintiffs on Plaintiffs’ Complaint and that said Complaint be denied and dismissed against it. .7 2. As a result of the Plaintiff’s negligence. Defendant Tri-State was damaged.. CROSS-CLAIM AGAINST DEFENDANT. PETER EDWARDS 1. II . which was backing up against traffic on Route 6. WHEREFORE. 4.. the Plaintiffs allegedly were injured. 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. On or about February 1. Defendant. On or about February 1. demands judgment against Plaintiff Thomas Dorr in an amount sufficient to establish jurisdiction of this Court.

Peter Edwards. Rhode Island 02800 Harry Keenan. If the Plaintiffs sustained injuries as alleged by them in their Co mplaint.8 . Rhode Island 02000 (401) 999-0000 DATED: February 18. Rhode Island 02800 II . demands judgment against Defendant. Tri-State Freight Lines. Inc. which negligence was not that of Defendant Tri-State. Esq. then Defendant Tri-State is entitled to recover from. WHEREFORE. to the following attorneys on the day of . 5. and which injuries arose from negligence not o f their own making. 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.. in favor of the Plaintiffs. Defendant. if Defendant Tri-State should be held liable for the negligence of Defendant Edwards. Inc. 1997 Certificate of Service I hereby certify that a true copy of the within pleading was sent.4. Lowridge Road West Kingston. 6. _________________________ George Anderson #7777 Slow Street North. for all sums which may be adjudged against Defendant. or be indemnified by. Inc. Williams and Jones High Point Building Narragansett Bay. Tri-State Freight Lines. Esq. Therefore. then the negligence was that of Defendant Edwards. postage prepaid. Tri-State Freight Lines. Defendant Edwards for all sums adjudged against it in favor of Plaintiffs and resulting from the negligence of Defendant Edwards. Rather. By It s Attorney. and which negligence it specifically denies. 1997: Roger Williams.

WHEREFORE. SC. Defendants : : : : : : : : C. Defendant Peter Edwards. 4. PETER EDWARDS. Thomas Dorr By His Att orney. Plaintiff Thomas Dorr demands judgment on Defendant’s Counterclaim and that said Counterclaim be denied and dismissed.A.’S COUNTERCLAIM 1. INC. ____________________ Roger Williams #8888 High Point Building Narragansett Bay. Plaintiff Thomas Dorr denies the allegations of Paragraph 2 and 3 of Defendant’s Counterclaim. No. Plaintiffs v. 1997 II . 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.9 2..STATE OF RHODE ISLAND PROVIDENCE. 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. 97-10000 PLAINTIFF THOMAS DORR’S REPLY TO DEFENDANT. and TRI-STATE FREIGHT LINES. 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. SUPERIOR COURT THOMAS DORR. INC. Rhode Island 02800 (401) 222-6666 DATED: February 25. and LINDA HOPKINS. . TRI-STATE FREIGHT LINES.

1997: George Anderson. Rhode Island 02800 II .10 . Esq. to t he following attorneys on the day of . Slow Street North Warwick. Esq. postage prepaid.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.

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

1995. is entitled to judgement against Ocean State Brakes Co. Inc. negligently collided with the automobile occupied by them. No. 5. Inc. 3. During the morning of January 31. SC. Defendant and Third Party Plaintiff v. INC. Defendant and Third Party Plaintiff. SUPERIOR COURT THOMAS DORR and LINDA HOPKINS Plaintiffs v. the brakes failed... Inc. having been negligently repaired by Third Party Defendant If Plaintiffs recover against Tri-State Freight Lines.STATE OF RHODE ISLAND PROVIDENCE. Third Party Defendant : : : : : : : : : : : : : C.. Inc. Inc. OCEAN STATES BRAKES CO. Third Party Defendant had worked on the brakes of Tri-State Freight Lines. 97-10000 THIRD PARTY COMPLAINT 1. II . When the driver of Tri-State Freight Lines’ truck applied his brakes to avoid Plaintiff’s vehicle.’s truck allegedly repairing same. a copy of which is attached heret o as Exhibits “A” and made a part hereof by reference.A. any judgment for their damages then Tri-State Freight Lines. 4. Inc. was the sole cause of Plaintiffs’ damages and injuries. Exhibit “A” alleges that Plaintiffs were injured when a truck owned by Tri-State Freight Lines. INC.. for all such sums since the negligence of Ocean State Brakes Co. 2.12 . Plaintiffs have filed a Complaint against Tri-State Freight Lines. PETER EDWARDS. Defendant and TRI-STATE FREIGHT LINES. Inc.

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

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

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

so called. in Warwick is located. please provide: ( a ) the area of the sto re in which the Plaint iff fell. Please state the name and address of the person. Does the Defendant o r any of its agents or servants have any knowledge of the facts described in the Plaintiff's Complaint? II . 5. home address. . No. ( b ) a description of the floor in the area of where the Plaintiff fell . 6. 3. age. and 5 p.A. Please state the name.. SC. 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.16 2. Defendant : : : : : : : SUPERIOR COURT C.Sample Slip & Fall Interrogatories STATE OF RHODE ISLAND WASHINGTON.m. firm or corporation which owns the building where Big Ray’s Market at 100 Elm Street. and ( c ) how the Plaintiff came to fall on the floor in the Defendant's place of business. 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. on (Date). LOUISE BLACK. 4. Plaintiff v. INC.m. business address. 99-3456 PLAINTIFF'S INTERROGATORIES TO BE ANSWERED BY DEFENDANT Pursuant to Rules 26 and 33 of the Superior Court Rules of Civil Procedure. occupation and capacity with the Defendant of the person answering these interrogatories. BIG RAY’S MARKET. 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.

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

19. 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. ( c ) what type of cleanser was used on the floor. and if so. please state ( a ) the name and address of the person who gave the statement. George Z. and if so. Able #0000 Able & White 1000 South Smith Street Providence. 21. Was the floor of the Defendant's premises cleaned or mopped on (Date). tools. and (d ) a summary of the grounds for each opinion Louise Black By Her Attorney.16. 18. and ( e ) who currently has custody of the statement.18 . Please state whether or not an examination was made of the area in which the Plaintiff fell subsequent to her fall on (Date). ( b ) what type of machinery. 20. 02903 (401) 421-0000 II . ( c ) the date of the statement. ( b ) the name and address and capacity of the person with the Defendant who took the statement. address and capacity with the Defendant of the person who cleaned the floor. so-called. prior to the Plaintiff's fall. and ( d ) the name. ( d ) whether the statement is oral or written. 22. or utensils were used to clean the floor. R. 17. what the examination revealed.I. please state ( a ) at what time the floor was cleaned. and for each state: ( a ) the name. 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. Identify all expert witnesses whom you expect to testify at trial. 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. address.

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

State from your own knowledge the facts you possess in regard to the negligence alleged in the complaint. If hospitalized as a result of the alleged injuries. BIG RAY’S MARKET. LOUISE BLACK. Social Security Number. marital status. along with any other names by which you are known. Kindly give in detail the nature. Please state the name and address of each doctor who treated you for injuries alleged. Defendant : : : : : : : SUPERIOR COURT C. Plaintiff v. 4. the date of each treatment. Please state your full name. 3.20 . INC. 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. the dates of such treatment. 5. an itemized statement of the charges for said treatment and care. extent and location of the injuries alleged to have been suffered by you and those injuries suffered by you. and an itemized statement of the charges for such treatment. II . the nature of each treatment. if any. 99-3456 DEFENDANT'S INTERROGATORIES TO BE ANSWERED BY PLAINTIFF Pursuant to Rules 26 and 33 of the Superior Court Rules of Civil Procedure.Sample Slip & Fall Interrogatories STATE OF RHODE ISLAND WASHINGTON. and business address. the nature of the treatment. No.A. the period of confinement or confinements. 2.. residence address. please state the name of the hospital or hospitals in which you were confined. SC. which are alleged to be permanent in nature. your date of birth.

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

please identify those persons who have given such statements. if any. 24. 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.14. please state the name and address of your employer. the court said action or actions are pending in. 18. and the identifying number of said case or cases. 16. II . Identify all expert witnesses whom you expect to testify at trial. and if so. and the time of the alleged fall. memoranda or other written materials. State how you entered the premises of the defendants. 15. including the name and address of your employer. how you got to the premises. 22. the amount of money paid per week to each person hired. memoranda or other written materials have been obtained from any of the persons. and the length of time you have been engaged in such work. State how you came to be in the defendant's premises. firm or corporation. reports. the nature of your work. including exactly where and how you fell and where and how you landed. the average weekly earnings from such work. If household help was required. reports. 20.22 . 19. If any statements. If you are working at the present time. State whether or not you have commenced an action against any other person or persons in connection with this incident. 23. including the name and address of the person in whose custody such items are at the present time. and (d ) a summary of the grounds for each opinion State the name and address of each person. the time of your arrival. State precisely and in detail how your alleged fall occurred. 17. and for each state: ( a ) the name. State what you were doing during the time you were in the defendant's premises. 21. the length of time required. please state the name and address of such person or persons. address. and your relationship (blood or otherwise) to any such person or persons. State the amount of money paid to you as wages in the eight weeks preceding your alleged injury. 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. state the name or names of the parties sued.

to George Z. 29. Inc. if so. 02900 on the day of . state the date and place of each such injury. If your answer to the foregoing question is affirmative. and the time period same was consumed. 100 South Smith Street. 27. 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. Did you consume any alcoholic beverages during the four-hour period prior to your alleged fall. Able. 26. Able & White. the injuries sustained.I. the quantity or amount.I. 02800 (401) 295-0000 Certificate of Service I hereby certify that a true copy of the within document was sent. identify what was taken.23 . R. have you ever been convicted of any offenses under the criminal laws of any state. Big Ray’s Market. Aside from traffic violations. 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. 28. R.25. Rogers Williams #9999 Williams and Jones High Point Building Narragansett Bay.. 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. Esq. 30. the quantity. Providence. and the time period same was taken. By It s Attorney. 1999: II . postage prepaid. Did you take any drugs or medications during the four-hour period prior to your alleged fall. identify what was consumed. if so.

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

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

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