Content

1. 
   

   Scenario

   The plaintiff, Thomas Jones, was in a grocery store called Al’s Groceries when he slipped and fell on the wet floor. As a paralegal, you are representing Thomas in this case.

   Instructions

   You will need to go into Lexis Advance to research slip and fall cases and safe place standards for businesses. While reviewing these cases, consider the elements involved that qualify them as slip and fall cases and identify the presence of negligence. Information present in previous cases will allow you to form questions to find if similar circumstances are present in this slip and fall case.
   After performing the research, you will draft questions directed to the grocery store staff. Identify what type of information you would be seeking through your set of interrogatories to prove that the store was negligent.
   In a two-page document, include the caption of the case and your questions. You will want to have at least 10 questions in your set of interrogatories.

   If you need assistance completing this assignment, please refer to the FAQ titled

   Q. What are interrogatories and can I see a sample?

   Answer

   Tip: Check out the interrogatory sample and how to format a set of interrogatories in the Links & Files section below.InterrogatoriesDefinition: Written questions submitted to a party from his or her adversary to ascertain answers that are prepared in writing and signed under oath and that have relevance to the issues in a lawsuit. Interrogatories are a discovery device used by a party, usually a Defendant, to enable the individual to learn the facts that are the basis for, or support, a pleading with which he or she has been served by the opposing party. They are used primarily to determine what issues are present in a case and how to frame a Responsive Pleading or a Deposition.Interrogatories need to state what are the facts of the case and include a caption. It is important to note that the captions vary by state and that you will have to refer to the rules of the court system in your state and to the Federal Rules of Civil Procedure to see the time requirement for answering Interrogatories and the number of questions you may ask.You can find more information on the Justice Studies Guide, in the books below, see a sample, and see how to format a set of interrogatories in the Links & Files.

3. Formatting a Set of Interrogatories
   The first question on a set of Interrogatories should be related to personal
   information of the person answering the questions. The individual answering the
   questions needs to state their name, address, and the title that they hold.
   Therefore, the first question would read:
   1. Please state your full name, your present home address, your employer’s name
   and business address, and the title you hold with the named defendant, or the
   capacity in which you are associated with said defendant.
   Underneath question one you would put the word Answer:. You would then leave
   room for person answering the interrogatories to write their answer.
   After the space for the answer of question one, you would write question two.

   ——————————————————————————————————-PLAINTIFF NAMEADDRESSADDRESS Plaintiff, Case No. __ CV ______ vs. Code No. 30101DEFENDANT INSURER NAMEADDRESSADDRESS, andDEFENDANT DRIVER NAMEADDRESSADDRESS, Defendants, andHEALTH INSURER NAMEADDRESSADDRESS, Subrogated Party Defendant.——————————————————————————————————————————-PLAINTIFF’S FIRST SET OF WRITTEN INTERROGATORIES ANDREQUEST FOR PRODUCTION OF DOCUMENTS TO DEFENDANTS,DEFENDANT INSURER NAME and DEFENDANT DRIVER NAME,PURSUANT TO WISCONSIN STATUTES SECTIONS 804.08 AND 804.09——————————————————————————————————————————-PLEASE TAKE NOTICE that plaintiff requests each defendant to answer the following Interrogatories and Request for Production of Documents, in writing and under oath, within forty-five (45) days hereof, in accordance with Wisconsin Statutes Section 804.08, and to produce documents in accordance with Wisconsin Statutes Section 804.09.INSTRUCTIONSEach interrogatory should be answered separately and fully, in writing, under oath, unless it is objected to, in which event the reasons for objection must be stated in lieu of an answer. An evasive or incomplete answer is deemed to be a failure to answer under Wisconsin Statute Section 804.12.Defendants are under a continuing duty to seasonably supplement responses with respect to any question directly addressed to the identity and location of persons having knowledge of discoverable matters, and the identity of each person expected to be called as a witness. Furthermore, defendants are under a similar duty to correct any incorrect response when later learned that the response was incorrect.DEFINITIONS The following terms are defined herein as follows, for purposes of these interrogatories: “You” or “your” means DEFENDANT DRIVER NAME and/or DEFENDANT INSURER NAME representatives and any successors or agents acting on behalf of said defendants; to “identify” a person means to state his or her full name, last known address and employer’s name and address, if known to you; “date of accident or incident” means DATE.Whenever the words “the incident” or “the accident” are used in these Interrogatories, they refer to the incident or the accident on or about DATE, wherein plaintiff suffered serious injuries.Whenever the word “identify” is used in these Interrogatories and used in reference to an individual person, it refers to and requires the following information: the full name, present home address, if known, home telephone number, and his present position and business affiliation.Whenever the word “identify” is used in these Interrogatories, and used in reference to a person other than an individual, it refers to and requires the following information: whether such entity is a corporation, partnership, or other organization, and the name, present and last known address and principal place of business and telephone number. Whenever the words “your company” are used in these Interrogatories, they refer to your company, its subsidiaries, affiliates and merge acquired predecessors.Whenever the words “document” and “documents” are used in these Interrogatories, they refer to and mean all paper material of any kind, whether written, typed, printed, punched, filmed or marked in any way; recording tapes or wires; films; photographs, movies; or any graphic matter, however produced or reproduced; and mechanical or electronic sound recordings or transcripts thereof.Whenever the word “identify” is used in these Interrogatories, and is used in reference to a document, it refers to and requires the following information: the date, the author (or, if different, the signer or signers), the addressee, type of document (e.g. letter, memorandum telegram, chart, etc.) and any other means of identifying it with sufficient particularity to meet the requirements for its inclusion in a motion for production. If any such document was, but is no longer in your possession or subject to your control, state what disposition was made of it and the reason for such disposition. In lieu of identifying any document, a true and correct copy thereof may be annexed to and incorporated in the answers to these Interrogatories.All references to an “accident”, “occurrence” or “incident” in these interrogatories refer to an accident occurring on STREET LOCATION, at a location known as CITY, STATE.

   INTERROGATORIES AND REQUEST FOR PRODUCTION

   OF DOCUMENTS TO DEFENDANT DRIVER NAME

   INTERROGATORY NO. 1: List the names and last known addresses of all persons who were witnesses to the accident in question or who have knowledge of the facts leading up to and immediately following the accident.INTERROGATORY NO. 2: List the names and last known addresses of all persons who have knowledge of the injuries or damages sustained or claimed by plaintiff following the accident.INTERROGATORY NO. 3: In your own words, describe how the incident, which is the subject matter of this lawsuit, occurred.INTERROGATORY NO. 4: Please state whether or not you consumed any alcoholic beverages or drugs or medications (prescribed or over-the-counter) of any kind whatsoever at any time within the twenty-four (24) hours preceding the date and time of the occurrence. If your answer to this interrogatory is in the affirmative, then please state:(a) The name and address of all establishments or residents where you consumed any such alcoholic drink or drug or medication at that said time;(b) The approximate hour and minute any such alcoholic drink or drug or medication was consumed by yourself, and the length of time you were present on the premises of all persons referred to in the previous interrogatory, specifying the approximate time of your arrival and the approximate time of your departure therefrom; and(c) The type, brand, and quantity of each such alcoholic drink or drug or medication consumed by you at that said time.INTERROGATORY NO. 5: Were you and/or the vehicle you were driving at the time of the accident equipped with either a mounted or portable cellular phone?INTERROGATORY NO. 6: If your answer to the foregoing Interrogatory is in the affirmative, please set forth:(a) Did you place or receive any cellular calls or text messages on DATE, at any time prior to the collision? If your answer is “yes,” identify all persons who were either called or who placed calls or text messages to or from you during this time period.(b) Did you place or receive any cellular calls or text messages on DATE, at any time subsequent to the collision? If your answer is “yes,” identify all persons who were either called or who placed calls or text messages to you during this time period.(c) What cellular service provider did you use as of DATE?INTERROGATORY NO. 7: Please state whether or not you have ever been convicted of a crime. If your answer to this interrogatory is in the affirmative, then please state:(a) Explain the nature of the offense(s) for which you were convicted and the penalty received for each conviction;(b) State the date of each conviction and the date on which each offense occurred; and(c) State the name of the City, County, and State where each conviction occurred.INTERROGATORY NO. 8: As of the accident date, identify the name and address of your employer, as well as your occupation.INTERROGATORY NO. 9: If you were employed on the accident date, please indicate whether you were performing any work duties as the part of any occupation or within the scope of your employment at the time of the accident.

   INTERROGATORIES AND REQUEST FOR PRODUCTION OF

   DOCUMENTS TO DEFENDANT INSURER NAME

   INTERROGATORY NO. 10: State the names of all witnesses from whom DEFENDANT INSURER NAME or any of its representatives have obtained written or recorded statements and the dates of such statements.INTERROGATORY NO. 11: List the names and addresses of the custodians of the statements identified in your answer to Interrogatory No. 10 and provide a copy of all such statements to plaintiff’s attorney. INTERROGATORY NO. 12: State whether or not DEFENDANT INSURER NAME or any of its representatives have taken photographs and/or videos concerning this matter. If so, state:(a) The date of the photographs and/or videos;(b) The custodian of the negatives or original photographs and/or videos; and(c) The nature of the subject matter depicted in the photographs and/or videos. (d) Provide a laser print of any and all photographs identified in youranswer to this interrogatory to plaintiff’s attorney, as well as a copy of each video.INTERROGATORY NO. 13: State the total amount of insurance coverage or coverage’s available to DEFENDANT DRIVER NAME, directly or indirectly, which are applicable to the alleged accident in question. Please state coverages by insurance company, name, coverage amount, and policy number. Attach a copy of the original face sheet and endorsement thereto of each applicable policy of insurance and provide a certified copy of each insurance policy to plaintiff’s attorney. This interrogatory is intended to include, but is not limited to, insurance coverage available through partnership agreements, corporations, extended coverage, and so-called “umbrella” coverage.INTERROGATORY NO. 14: Please state the names and last known addresses of all agents, servants or employees of said defendants who participated in any manner in the investigation of the claim, which is the subject matter of this lawsuit. Provide a copy of all reports, records, memoranda and all other documents relating to the investigation of plaintiff’s claim to plaintiff’s attorney. INTERROGATORY NO. 15: Please state the name and current address of each individual you intend to call as a witness (lay and expert witnesses) at the trial in this matter. In addition, for each such witness, please state the following: (a) A summary of the testimony he or she is expected to give. INTERROGATORY NO. 16: Please identify any expert witness or witnesses you or anyone, including your attorney acting on your behalf, has consulted or contacted, orally or in writing, as to any liability question arising out of the occurrence referred to in plaintiff’s complaint, stating each expert witness’ name, address and employer, and the exact nature of the liability question involved. INTERROGATORY NO. 17: Provide to plaintiff’s attorney copies of any and all exhibits that defendants intend to utilize at trial in defense of their claim. INTERROGATORY NO. 18: What limits of liability coverage did DEFENDANT INSURER NAME have on the vehicle being driven by DEFENDANT DRIVER NAME at the time of the accident, which is the subject of this lawsuit? INTERROGATORY NO. 19: Did DEFENDANT INSURER NAME or any other company have an umbrella policy covering the vehicle DEFENDANT DRIVER was driving at the time of the accident, which is the subject of this lawsuit? INTERROGATORY NO. 20: If your answer to the interrogatory immediately preceding this interrogatory is in the affirmative, please state the name of the company providing such coverage and the policy limits for such umbrella policy. INTERROGATORY NO. 21: Did DEFENDANT INSURER NAME or any other insurance company have a policy of insurance that would have covered DEFENDANT DRIVER NAME’s driving on or about DATE? Dated this ______ day of MONTH, YEAR. FIRM NAME By:_________________________________________ ATTORNEY NAME Attorney for Plaintiff State Bar No. _________

   POST OFFICE ADDRESS:

   FIRM ADDRESS

4. STATE OF WISCONSIN CIRCUIT COURT _______ COUNTY