II - 1 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 the counterclaim by the plaint iff; (5) the answer to the 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 - 2 STATE OF RHODE ISLAND PROVIDENCE, SC. SUPERIOR COURT THOMAS DORR and LINDA HOPKINS, : Plaint iffs : : v. : C.A. No.

: PETER EDWARDS, and : TRI-STATE FREIGHT LINES, INC., : Defendants : 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. 2. 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. 3. 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. 4. 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 Plaint iff. 5. Plaint iff 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. Permanent injuries to the affected parts. Future conscious pain and suffering. 3. Plaintiff Linda Hopkins was a passenger in the automobile of Plaintiff Thomas Dorr. Conscious pain and suffering F. jointly or severally . together with interest and costs. Expenses for future medical treatment C. G. Permanent injuries to the affected parts. 4. Plaint iff Linda Hopkins s damages consist of: A. Plaint iff Linda Hopkins demands judgment against the Defendants. Damage to his 1990 Oldsmobile CutlassII . Paragraph 1 and Paragraph 2 of Count I are hereby incorporated as Paragraph 1 and Paragraph 2 of this Count II. jointly or severally as the law allows. 5. in an amount sufficient to invoke the jurisdiction of the court. Expenses for medical treatment and hospitalization B. H.3 COUNT II 1. Future conscious pain and suffering G. WHEREFORE: A. B. damaging the Plaintiff Linda Hopkins. The vehicle owned by the Defendant Tri-State and operated by the Defendant Edwards did negligently collide with and str ike the rear of Plaintiff Thomas Dorr s automobile on said date. Future loss of wages E. Rhode Island. and which automobile was on said Route 6. Loss of wages D. a public highway in the City of Providence. 1995. Plaint iff Thomas Dorr demands judgment against the Defendants. On or about February 1.

Defendant admits the allegations of Paragraph 2 of Count I. ____________________ Roger Williams #8888 Williams and Jones High Point Building Narragansett Bay. : Defendants ANSWER OF DEFENDANT. : Plaint iffs : : v. 1997II . et al. 2. Plaint iffs hereby claim a tr ial by jury and designates Roger Williams as trial counsel. PETER EDWARDS 1. Thomas Dorr & Linda Hopkins By Their Attorney. together with interest and costs. : C. 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.A. SC.4 STATE OF RHODE ISLAND PROVIDENCE. et al. 97-10000 : PETER EDWARDS. SUPERIOR COURT THOMAS DORR. . Rhode Island 02000 (401) 222-6666 DATED: January 30. in an amount sufficient to invoke the jurisdiction of the court.as the law allows.

Defendant is without knowledge and information sufficient to form a belief as to the truth of the allegations of paragraph 5 of Count II.5 WHEREFORE. Peter Edwards. FIRST DEFENSE 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. 8. Defendant Peter Edwards demands judgment against the Plaint iffs on Plaintiffs Complaint and that said Complaint be denied and dismissed against him.II . postage prepaid. Peter Edwards By His Attorney. 4. 5. claims a trial by jury. Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations of Paragraph 1 of Count II. 6. 1997 Certificate of Service I hereby certify that a true copy of the within pleading was sent . Defendant admits the allegations of Paragraph 2 of Count II. Defendant denies the allegations of Paragraphs 3 and 4 of Count I. Rhode Island 02800 ` (401) 111-7777 DATED: February 14.3. Defendant. Defendant denies the allegations of Paragraph 3 and 4 of Count II. __________________________ Harry Keenan #9999 Lowridge Road. to the . 7. West Kingston. 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 STATE OF RHODE ISLAND PROVIDENCE. 02900 Narragansett Bay. AND CROSS-CLAIM OF DEFENDANT.I. AFFIRMATIVE DEFENSES. 1. Inc. : Plaint iffs : : v. 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. : Defendants : ANSWER. 3. 2. SUPERIOR COURT THOMAS DORR. George Anderson. Esq. R. No. admits the allegation of Paragraph 1 of Count I. 3. .following attorneys on the day of . Rhode Island 02800 II . TRI-STATE FREIGHT LINES. 97-10000 : PETER EDWARDS. INC. COUNTERCLAIM. Defendant. Williams and Jones Slow Street High Point Building North Warwick. SC. and : TRI-STATE FREIGHT LINES. 4. : C. and 4 of Count I.A. Tri-State Freight Lines. Defendant Tri-State denies the allegations of Paragraphs 2. INC. Esq. Defendant Tri-State admits the allegations of Paragraph 1 of Count II. and LINDA HOPKINS. 1997: Roger Williams. (hereinafter Tri-State).

Inc. hereby claims a trial by jury. 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. . Defendant. Defendant. and negligently collided with Defendant Tri-State s truck. 6. viz. The loss of use of said vehicle and the earnings therefrom. Tri-State Freight Lines. 2. Inc. The total destruction and loss of its 10 ton truck. . As a result of the Plaintiff s negligence. demands judgment against the Plaintiffs on Plaintiffs Complaint and that said Complaint be denied and dismissed against it. . which was backing up against traffic on Route 6. demands judgment against Plaint iff . Plaint iff Thomas Dorr was on that date the owner and operator of an automobile. a public highway. Inc. COUNTERCLAIM AGAINST PLAINTIFF THOMAS DORR 1. FIRST AFFIRMATIVE DEFENSE Defendant Peter Edwards (hereinafter Edwards) was operating the truck owned by Defendant Tri-State without the specific consent and permission of this Defendant.II .5. Defendant Tri-State denies the allegations of Paragraphs 2.. Route 6 and was being operated with due care. Defendant. Defendant Tri-State was damaged. then these injuries were caused by the negligence of Plaintiff Thomas Dorr in that he negligently backed into Defendant s vehicle. On or about February 1. B. WHEREFORE. 3 and 4 of Count II. 4. Defendant Tri-State s damages consist of: A.7 WHEREFORE. 3. Tri-State Freight Lines. 1995 the truck of Defendant Tri-State was traveling easterly on a public highway in the City of Providence. Tri-State Freight Lines. Rhode Island. SECOND DEFENSE If the Plaint iffs were injured as alleged.

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.. As a result of Defendant Edwards s negligence while operating the truck of Defendant TriState on said date. Tri-State Freight Lines. 3. Inc. Defendant Edwards for all sums adjudged against it in favor of Plaintiffs and resulting from the negligence of Defendant Edwards.Thomas Dorr in an amount sufficient to establish jurisdiction of this Court. Inc. Tri-State Freight Lines. Defendant Edwards was acting independently on a lark and frolic of his own without permission and consent of Defendant Tri-State. If the Plaint iffs sustained injuries as alleged by them in their Complaint. and which negligence it specifically denies. PETER EDWARDS 1. demands judgment against Defendant. Inc. the Plaintiffs allegedly were injured. CROSS-CLAIM AGAINST DEFENDANT. Defendant. or be indemnified by. in favor of the Plaintiffs. Peter Edwards. 6. then the negligence was that of Defendant Edwards. and which injuries arose from negligence not of their own making.II . if Defendant Tri-State should be held liable for the negligence of Defendant Edwards. . Therefore. 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.8 4. for all sums which may be adjudged against Defendant. Rather. Defendant. together with interest and costs. On or about February 1. which negligence was not that of Defendant Tri-State. claims a trial by jury. 5. 2. 1995. then Defendant Tri-State is entitled to recover from. Tri-State Freight Lines. Defendant Edwards used Defendant Tr i-State s truck without permission and against company regulations. WHEREFORE.

Rhode Island 02800 Narragansett Bay. Inc. By It s At torney. 1997: Roger Williams.. INC. : C. No. Williams and Jones Lowridge Road High Point Building West Kingston. Rhode Island 02800 II . Rhode Island 02000 (401) 999-0000 DATED: February 18. 1997 Certificate of Service I hereby certify that a true copy of the within pleading was sent.Tri-State Freight Lines.A. SUPERIOR COURT THOMAS DORR. Harry Keenan. _________________________ George Anderson #7777 Slow Street North. Esq. to the following attorneys on the day of .9 STATE OF RHODE ISLAND PROVIDENCE. 97-10000 : PETER EDWARDS. and : TRI-STATE FREIGHT LINES. : Plaint iffs : : v. and LINDA HOPKINS. Esq. SC. postage prepaid. : .

Plaint iff Thomas Dorr is without knowledge or information sufficient to form a belief as to the truth of the allegat ions of Paragraph 4 of the Counterclaim.Defendants : PLAINTIFF THOMAS DORR S REPLY TO DEFENDANT. Esq. 4. 2. . postage prepaid. 1997II . WHEREFORE. Plaint iff Thomas Dorr denies the allegations of Paragraph 2 and 3 of Defendant s Counterclaim. Esq. Plaint iff Thomas Dorr admits the allegations of Paragraph 1 of Defendant s Counterclaim except for the particular allegat ion of due care which allegation Plaint iffs specifically deny. 1997: George Anderson. ____________________ Roger Williams #8888 High Point Building Narragansett Bay. TRI-STATE FREIGHT LINES.10 Certificate of Service I hereby certify that a true copy of the within pleading was sent. Harry Keenan. to the following attorneys on the day of . Thomas Dorr By His Attorney. Plaint iff Thomas Dorr demands judgment on Defendant s Counterclaim and that said Counterclaim be denied and dismissed. S COUNTERCLAIM 1. FIRST DEFENSE: Plaint iff 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. INC. Defendant Peter Edwards. Rhode Island 02800 (401) 222-6666 DATED: February 25.

Tri-State Freight Lines. Tri-State Freight Lines. SC. Defendant Peter Edwards hereby claims a trial by jury. No. By His Attorney. INC.. _________________ Harry Keenan #9999 Lowridge Road.Slow Street Lowridge Road North Warwick. Inc. : Defendants DEFENDANT PETER EDWARDS ANSWER TO DEFENDANT. Inc. and had the specific permission and specific consent of TriState Freight Lines.. and : TRI-STATE FREIGHT LINES. and LINDA HOPKINS.A. TRI-STATE FREIGHT LINES. : Plaint iffs : : v. s Cross-claim against him.11 STATE OF RHODE ISLAND PROVIDENCE. FIRST DEFENSE Defendant Peter Edwards was at all times acting within the scope of his employment with Defendant. Inc. INC. to use the vehicle for personal use. Rhode Island 02800 II . SUPERIOR COURT THOMAS DORR. CROSS-CLAIM Defendant Peter Edwards denies each and every allegat ion of Defendant. . Rhode Island 02900 West Kingston. 97-10000 : PETER EDWARDS. : C.

George Anderson.West. : Third Party Defendant : . : Defendant and Third Party Plaintiff : : v. 1997 Certificate of Service I hereby certify that a true copy of the within pleading was sent. to the following attorneys on the day of . High Point Building Slow Street Narragansett Bay. : : OCEAN STATES BRAKES CO. Esq. Defendant and : TRI-STATE FREIGHT LINES. : C. 1997: Roger Williams. Rhode Island 02900 II ..12 STATE OF RHODE ISLAND PROVIDENCE.A. 97-10000 : PETER EDWARDS. postage prepaid. No. SC. Rhode Island 02800 North Warwick. INC. Esq. Rhode Island 02000 (401) 111-7777 DATED: February 28.. SUPERIOR COURT THOMAS DORR and LINDA HOPKINS : Plaint iffs : : v. INC.

Inc. 3. Inc. Defendant.II . During the morning of January 31.. demands judgment against Ocean State Brakes Co. Inc. Defendant and Third Party Plaintiff. Tri-State Freight Lines. Inc. is entitled to judgement against Ocean State Brakes Co. Inc. Inc. together with all costs incident to the defense of the principal suit. Third Party Defendant had worked on the brakes of Tri-State Freight Lines. Defendant and Third Party Plaintiff. s truck allegedly repairing same. Inc.. a copy of which is at tached hereto as Exhibits A and made a part hereof by reference. If Plaintiffs recover against Tri-State Freight Lines. 4. was the sole cause of Plaintiffs damages and injuries. Inc. hereby claims a trial by jury. 2. for all sums that may be adjudged against Tri-State Freight Lines. in favor of Plaintiffs. When the driver of Tri-State Freight Lines truck applied his brakes to avoid Plaintiff s vehicle. having been negligently repaired by Third Party Defendant 5. Tri-State Freight Lines. as Defendant. By It s At torney. Plaint iffs have filed a Complaint against Tri-State Freight Lines. Third Party Defendant . Exhibit A alleges that Plaintiffs were injured when a truck owned by Tri-State Freight Lines.. Inc.13 WHEREFORE. any judgment for their damages then Tri-State Freight Lines.. Tri-State Freight Lines. Inc. 1995. Inc... ____________________ George Anderson #7777 Slow Street North Warwick. negligently collided with the automobile occupied by them. for all such sums since the negligence of Ocean State Brakes Co.THIRD PARTY COMPLAINT 1. Rhode Island 02900 . . the brakes failed. Inc.

the Third Party Defendant is without knowledge or information sufficient to form a belief as to the truth thereof. 97-10000 : PETER EDWARDS.(401) 999-0000 DATED: February 22. SC. Third Party Defendant admits the allegations of Paragraph 3 of the Third Party Complaint. INC. No.A. : Third Party Defendant : ANSWER OF THIRD PARTY DEFENDANT 1. 4.. . Third Party Defendant specifically denies the allegat ion of negligent repair set forth in Paragraph 4 of the Third Party Complaint. INC. : C. 1995II . THOMAS DORR and LINDA HOPKINS. : Defendant and Third Party Plaintiff : : v. : : OCEAN STATE BRAKES CO. As for all other allegations of said Paragraph 4. 3. Defendant and : TRI-STATE FREIGHT LINES. Third Party Defendant is without knowledge or informat ion sufficient to form a belief as to the truth of the allegations of Paragraph 1 and Paragraph 2 of the Third Party Complaint. : Plaint iffs : : v.14 STATE OF RHODE ISLAND SUPERIOR COURT PROVIDENCE.

Esq. By It s At torney.I. Rhode Island 02800 Harry Keenan. Third Party Defendant. Ocean State Brakes Co.II . Inc.5. Third Party Defendant denies the allegation of Paragraph 5 of the Third Party Complaint. Inc. and that the Third Party Complaint be denied and dismissed. hereby claims a trail by jury. 1997 Certificate of Service I hereby certify that a true copy of the within pleading was sent. R. Rhode Island 02800 II . . Esq. postage prepaid. Inc. Williams and Jones Slow Street High Point Building North Warwick. Rhode Island 02800 (401) 555-8888 DATED: March 8. Ocean State Brakes Co. WHEREFORE.. . George Anderson.16 Sample Slip & Fall Interrogatories . 1997: Roger Williams.15 Third Party Defendant. Lowridge Road West Kingston. Ocean State Brakes Co. 02900 Narragansett Bay.. demands judgment against Defendant and Third Party Plaintiff. _________________ Sarah Duff # 6666 75 Sugar Street South Wickford. Esq.. to the following attorneys on the day of .

Does the Defendant deny that the Plaintiff suffered a fall and injuries resulting therefrom in the store located in Warwick on or about (Date)? 5.m. Please state the name. 4.. please provide: ( a ) the area of the store in which the Plaint iff fell. Please state the name and address of the person. : Defendant : PLAINTIFF'S INTERROGATORIES TO BE ANSWERED BY DEFENDANT Pursuant to Rules 26 and 33 of the Superior Court Rules of Civil Procedure. in Warwick is located. INC. If not. : Plaint iff : : v. on (Date). the Plaint iff hereby submits the following interrogatories are to be answered by the Defendant under oath within forty days from the date of service hereof: 1. firm or corporation which owns the building where Big Ray s Market at 100 Elm Street. occupation and capacity with the Defendant of the person answering these interrogatories.A. and 5 p. home address. SUPERIOR COURT LOUISE BLACK. 3. : C.STATE OF RHODE ISLAND WASHINGTON. age.m. business address. No. so called. SC. ( b ) a descript ion of the floor in the area of where the Plaintiff fell . 2. 99-3456 : 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. and .

address and capacity with the Defendant of each such person who first saw the Plaintiff. address and capacity with the Defendant of any such person having such knowledge. please state ( a ) the name. please state: ( a ) the names and addresses of each such person. When did any agent or servant of the Defendant first see the Plaintiff subsequent to her fall on (Date)? 10. ( d ) whether any such claims were litigated. ( b ) what the Plaintiff was doing at that time. ( b ) the date of each fall. please state ( a ) the name. ( b ) whether or not each such person still remains in the employ of the Defendant. 9. ( c ) whether any such person had a conversat ion with the Plaintiff at that t ime. and ( c ) whether or not each such person was an eye witness to the Plaintiff's fall. 11. With respect to the above. please state the nature and contents. ( c ) whether any claims were made against the Defendant. Did the Defendant have a policy of liability insurance covering any liability arising out of the . If so.17 7. If so. and ( d ) with respect to such conversation.( c ) how the Plaintiff came to fall on the floor in the Defendant's place of business. Does the Defendant or any of its agents or servants have any knowledge of the facts described in the Plaintiff's Complaint?II . 8. and ( e ) a description of the caption and number of the case as well as the results of any litigation. 6.

please indicate ( a ) the date each photograph was taken. Rhode Island. ( b ) the name of the company issuing the policy. prior to the Plaintiff's fall. ( b ) what type of machinery. If so. Please state whether or not an examinat ion was made of the area in which the Plaintiff fell subsequent to her fall on (Date). and if so. 18. and ( d ) the name. II . and ( c ) in whose custody such photographs now are. please state ( a ) the terms of the policy. and if so. on (Date)? 12. Please state the name and address of the store manager of the Big Ray s Market at 100 Elm .18 16. ( c ) what type of cleanser was used on the floor. or its agents or servants. Did the Defendant.Defendant's ownership or occupancy of the store in Warwick. what the examination revealed. or utensils were used to clean the floor. please state ( a ) at what time the floor was cleaned. ( b ) the number of photographs taken. If so. 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)? 14. tools. Does the Plaintiff deny that the floor of the Defendant's premises was wet in the area where the Plaint iff fell at the time of her fall on (Date)? 19. address and capacity with the Defendant of the person who cleaned the floor. Was the floor of the Defendant's premises cleaned or mopped on (Date). 13. have cause to have take any photographs of the area in which the Plaintiff fell? 15. 17.

I. R. and (d ) a summary of the grounds for each opinion Louise Black By Her At torney. and ( e ) who currently has custody of the statement. Identify all expert witnesses whom you expect to testify at trial. postage prepaid. 02903 (401) 421-0000II . ( c ) the date of the statement. ( b ) the name and address and capacity of the person with the Defendant who took the statement. please state ( a ) the name and address of the person who gave the statement.Street. Please describe how the fall complained of in the Plaintiff's Complaint occurred? 21. If a written or verbal statement has been taken from any person. in Warwick on (Date)? 20. so-called. and telephone number of the witness ( b ) the subject mat ter on which the expert is expected to testify ( c ) the substance of the facts and opinions to which the expert is expected to testify. address. 22. to Roger Williams. ( d ) whether the statement is oral or writ ten. and for each state: ( a ) the name. George Z.19 Certificate of Service I hereby certify that a true copy of the within document was sent. Able #0000 Able & White 1000 South Smith Street Providence. .

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. Williams and Jones. : Plaint iff : : v. and business address.20 Sample Slip & Fall Interrogatories STATE OF RHODE ISLAND WASHINGTON. SUPERIOR COURT LOUISE BLACK. : C. along with any other names by which you are known. Social Security Number. No. INC.I. : Defendant : DEFENDANT'S INTERROGATORIES TO BE ANSWERED BY PLAINTIFF day of Pursuant to Rules 26 and 33 of the Superior Court Rules of Civil Procedure. High Point Building. 99-3456 : BIG RAY S MARKET. your date of birth. R. residence address. extent and location of the injuries alleged to have been suffered by you and those injuries suffered by you. 1999: II . 2. SC. which are alleged to be permanent in nature. if any. 3. marital status. Narragansett Bay.. Kindly give in detail the nature.Esq. Please state your full name. State from your own knowledge the facts you possess in regard to the negligence alleged in the complaint.A. 02800 on the .. .

the nature of each treatment . If you were employed or self-employed at the time of alleged accident or incident. please state the nature of your said employment and the length of time so employed. the date on which you received the money. during which you were prevented from carrying on your usual occupation. or scene of the accident or incident. and the name and address of . if applicable. the period of confinement or confinements. the date of each treatment. 5. and state your actual total in dollars. firm or company or any benefits under the Workers' Compensation Act. please state the name and address of the person. please state the name of the hospital or hospitals in which you were confined. 9. If you have received any money in full or partial set tlement of any claim arising out of this incident from any person. or any person act ing in your behalf. 7. the amount of money received. 10. the nature of the treatment. an itemized statement of the charges for said treatment and care. vehicles. the name and address of your employer. 8. please give an itemization of any expenses or losses not already set forth in answers to previous questions. and whether or not you are willing to produce upon the defendant's request a copy of any covenant. and an itemized statement of the charges for such treatment. by whom and when such photographs were taken. State whether any photographs were taken of the premises.II .4. the dates of such treatment. In relation to this action. firm or company from whom you received it. release or discharge that may be in existence. If hospitalized as a result of the alleged injuries. your average weekly or monthly earnings at the time of the alleged accident or incident.21 6. including dates. your attorney. 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 and address of each doctor who treated you for injuries alleged. the period of time.

the nature of your work. . disease or abnormality. and the name or names of any doctors who may have examined you in relation to such insurance. the length of time required. please state the time and place of such occurrence or occurrences. If you received unemployment compensation.22 14. please state the length of time you received it and the amount received. 11. and the identifying number of said case or cases. please state the name and address of your employer. disease or abnormality. disease or other abnormality. If you are working at the present time. if any. 13. the names and addresses of all hospitals and doctors who treated you for each such injury. 12. If you had Blue Cross or any other type of health or accident insurance in effect at the time of the alleged accident . State whether or not you received unemployment compensation at any time subsequent to the date of the alleged accident. the court said action or actions are pending in. and your relationship (blood or otherwise) to any such person or persons. please state the name and address of such person or persons. the average weekly earnings from such work. State whether or not you have commenced an action against any other person or persons in connection with this incident. the amount of money paid per week to each person hired. 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). please state the name of the company or companies. If household help was required. 15. 16.the person or persons who now have possession of them. and if so. II . disease or abnormality of any kind prior to or subsequent to the accident or incident alleged in this action for which you sought medical attention. as a result of such injury. and the length of time you have been engaged in such work. state the name or names of the parties sued. If you had any injury. the nature and date of each such injury. the amount of money you received under such insurance.

22. and for each state: ( a ) the name. State how you entered the premises of the defendants. and telephone number of the witness ( b ) the subject mat ter on which the expert is expected to testify ( c ) the substance of the facts and opinions to which the expert is expected to testify. and the time of the alleged fall. if so. please identify those persons who have given such statements. State the name and address of each person. including the name and address of the person in whose custody such items are at the present time. memoranda or other writ ten materials have been obtained from any of the persons. Did you consume any alcoholic beverages during the four-hour period prior to your alleged fall. identify what was taken. 21. address. 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. 20. the quantity. State the amount of money paid to you as wages in the eight weeks preceding your alleged injury. if so. memoranda or other written materials. II . how you got to the premises. the time of your arrival. Identify all expert witnesses whom you expect to testify at trial. the quantity or amount. including exactly where and how you fell and where and how you landed. firm or corporation. State how you came to be in the defendant's premises. State what you were doing during the time you were in the defendant's premises. and the time period same was consumed. 18. reports. . reports. Did you take any drugs or medications during the four-hour period prior to your alleged fall. and (d ) a summary of the grounds for each opinion 19. State precisely and in detail how your alleged fall occurred. If any statements. 23. identify what was consumed. 26.23 25. including the name and address of your employer.17. and the time period same was taken. 24.

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. postage prepaid. 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. 100 South Smith Street. to George Z. state the date and place of each such injury. the injuries sustained. R. 02900 on the .27.24 STATE OF RHODE ISLAND day of .. Able. Providence. Esq. Able & White. 28. 1999: II . 30. the name and address of the parties involved in each such incident and the name and address of each person against whom claim was made or suit was brought. 02800 (401) 295-0000 Certificate of Service I hereby certify that a true copy of the within document was sent. By It s At torney.I. have you ever been convicted of any offenses under the criminal laws of any state. Big Ray s Market. Rogers Williams #9999 Williams and Jones High Point Building Narragansett Bay. 29. R. If your answer to the foregoing question is affirmative. Inc. Aside from traffic violations.I.

and not by any other method. INC. : Plaint iff : : v.. Narragansett Bay. the defendant Big Ray s Market. acting by and through its attorneys. By Its Attorneys. Inc. Inc. SC. will take the deposit ion of Louise Black. 02800 . : Defendant : Notice of Deposition of Plaintiff. on the 20 th day of February. Louise Black PLEASE TAKE NOTICE that.M. and cont inuing from day to day thereafter. Rhode Island. SUPERIOR COURT LOUISE BLACK. Plaintiff at 10:00 A. the parties are not ified that the deposition shall be recorded by stenographic means. 2000. High Point Building. R. : C. 99-3456 : BIG RAY S MARKET. In accordance with Rule 30(b).. Williams and Jones. Rogers Williams #9999 Williams and Jones High Point Building Narragansett Bay.A. pursuant to Rule 30 of the Superior Court Rules of Civil Procedure. at the offices of Williams and Jones. No.I. Big Ray s Market.WASHINGTON.

Esq. physical therapy records. 100 South Smith Street.A. Inc. No.25 STATE OF RHODE ISLAND WASHINGTON. 2.. bills or invoices setting forth the cost of treatments. x-ray reports. Able.(401) 295-0000 Certificate of Service I hereby certify that a true copy of the within document was sent. : C. 1999: II . hereby requests that the plaintiff. the defendant Big Ray s Market . 02900 on the . or any other documents of any kind.. 99-3456 : BIG RAY S MARKET. nurse s notes. SC. Providence. SUPERIOR COURT LOUISE BLACK. : Defendant : Request for Production from Defendant to Plaintiff Pursuant to Rules 26 and Rule 34 of the Superior Court Rules of Civil Procedure. Louise Black. R. including but not limited to doctor s notes.I. : Plaintiff : : v. 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 ident ified below: 1. All wage statement or pay stubs covering a period from two months before the incident alleged day of . INC. hospital records. Able & White. All documents in your possession which relate to the injuries you allege in your complaint. postage prepaid. to George Z.

Providence. R. 02800 (401) 295-0000 Cert ificate of Service I hereby certify that a true copy of the within document was sent. postage prepaid. diagrams. videotapes.in your complaint to two months after you allege you were able to return to work full time. to George Z. 4. Able & White. Big Ray s Market. or other graphic representations of the injuries you allege in your complaint. R. All photographs. 02900 on the day of . By Its Attorneys. 100 South Smith St reet.I. Inc. Able. 1999: . 3.. All photographs.I. diagrams. Esq. videotapes. or other graphic representations of the scene of the incident you allege in your complaint. Rogers Williams #9999 Williams and Jones High Point Building Narragansett Bay.