IN THE CIRCUIT COURT FOR BALTIMORE CITY, MARYLAND
Civil Division


MICHELLE E. MITCHELL,
Plaintiff,
v.
STATE OF MARYLAND,
Defendant.

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Case No.


PLAINTIFF'S INTERROGATORIES TO DEFENDANT

TO:                 STATE OF MARYLAND, Defendant
FROM:           MICHELLE E. MITCHELL, Plaintiff

      Plaintiff, Michelle Mitchell, by and through her attorneys, John B. Bratt and Miller & Zois, LLC, requests that Defendant, the State of Maryland (hereinafter “Defendant”), answer the following Interrogatories fully, under oath and in accordance with the Maryland Rules of Civil Procedure, Rule 3-421, subject to the instructions set forth below:
INSTRUCTIONS
(a)        These Interrogatories are continuing in character so as to require you to file supplementary answers if you obtain further or different information before after this lawsuit was filed but before trial.
(b)        Unless otherwise stated, these Interrogatories refer to the time, place and circumstances of the occurrence mentioned or complained of in the Complaint.
(c)        Where name and identity of a person is required, please state full name, home address and also business address, if known.
(d)       Where knowledge or information in possession of a party is requested, such request includes knowledge of the party's agents, representatives, and unless privileged, his attorneys.  When answer is made by corporate defendant, state the name, address and title of persons supplying the information and making the affidavit, and announce the source of his or her information.
(e)        The pronoun "you" refers to the State of Maryland and related entities.
(f)        "Identify" when referring to an individual, corporation or other entity shall mean to set forth the name and telephone number and, if a corporation or other entity, its principle place of business or, if an individual, the present or last known home address, his or her job title or titles, by whom employed and address of the place of employment.
INTERROGATORIES

  1. Please identify the person or persons responding to these Interrogatories on the state of Maryland. Please identify in your answer each person who has provided information in connection with these interrogatory answers.
  2. Identify the owner of the premises known as the Maryland Avenue Garage, located at 1111 Cathedral Street, Baltimore, Maryland (hereinafter the “Premises”) as of February 20, 2007. 
  3. Identify the party who was responsible for maintaining the walkways and common areas of the Maryland Avenue Garage.
  4. Identify any person or party other than Defendant(s) to this lawsuit whom you contend caused or contributed to the occurrence complained of, including any architect, engineer, designer, contractor, subcontractor or others. Include in your answer whether you blame Plaintiff for Plaintiff's own injuries.
  5. Identify each employee, agent and/or servant or any other person with knowledge of the incident.  For each such individual, identify his or her job title and job function being performed by that individual at the time of this slip and fall accident, and the summary of what knowledge the witness has.
  6. Identify any individual you are aware of that has knowledge of the facts and circumstances of this case, including but not limited to eyewitnesses, people claiming to be eyewitnesses and any individuals who arrived at the scene of the February 20, 2008 slip and fall within five (5) hours after the accident.
  7. If anyone investigated this matter for you including, but not limited to, medical experts, private investigators or insurance adjusters, state their name(s) and address(es), and state whether such investigation was reduced to writing, and the substance of their investigation and findings.  If said investigators obtained any signed, recorded, transcribed or oral statement from any individual, identify the person who gave the statement and the present custodian of such statement.
  8. Identify each person interviewed concerning the incident.  For each such person state the date of the interview; the substance of the interview and if the interview was recorded and/or transcribed.
  9. Identify each and every written report made by any person concerning the incident.
  10. Please state in your own words what you believe happened to the Plaintiff while she was on the Premises, and include in your answer the basis upon which you have formed that belief.
  11. State whether or not the Premises were equipped with a video surveillance camera and, if so, whose responsibility it was on the date of the occurrence to monitor the surveillance camera and whether there are still tapes from the date of the occurance and the week both before and after the occurance..
  12. Describe the lighting, both artificial and natural, of the area in question at the time the Plaintiff was injured.
  13. If you know of the existence of any pictures, photographs, plats, visual recorded images, police reports, diagrams or objects relative to the occurrence, the Plaintiff’s physical condition or the scene of the occurrence, identify the substance of such recording and the present custodian of each such item.
  14. Do you know of any statement, conversation, comment, testimony or report made by any party to this lawsuit or witness, including the Plaintiff, made at the time of the occurrence or following the occurrence, concerning the occurrence or facts relevant to any issue in this case?  If your answer is “yes,” state the content of such statement, conversation, comment or report, the place where it took place and the custodian of such statement.
  15. State the name and specialty of all experts whom you propose to call as witnesses at trial, and for each expert state the subject matter on which the expert is expected to testify, the substance of the findings and opinions to which the expert is expected to testify and attach to your Answers copies of all written reports of each such expert.
  16. Do you believe that you did everything that you could to prevent Plaintiff's injuries.  Set forth everything that you did to avoid the accident that occurred. Is there anything you wish you had done differently?
  17. Please identify your correct legal entity and identify, stating the date on which such entity was formed, the State of incorporation, the name(s) and address(es) of all officers, directors, general partners, limited partners and all other parties with any interest in your organization.
  18. Identify any previous or subsequent incidents of which you are aware that occurred in substantially the same manner as the incident complained of in this lawsuit, or which also occurred at the Premises, including a description of all premise liability claims made involving this property over the last 10 years.
  19. Identify any procedures which you followed, at and before the time of the occurrence, concerning the inspection, repair, maintenance, cleaning and/or ice removal of the area where Plaintiff's injuries occurred.
  20. Identify any warnings, whether verbal or written (such as by a sign or otherwise) which were given to the Plaintiff specifically, and/or to other invitees to the Premises, in general before the occurrence concerning the condition which caused or contributed to the occurrence.
  21. Do you think Plaintiff knew or should have known the area in which Plaintiff fell was not safe to be walked on by the Plaintiff or anyone else? Set forth all facts upon which you intend to reply upon at trial to support your answer.
  22. Identify when you were first notified of the fact that the area in which Plaintiff fell presented a hazardous condition to invitees on the Premises because of ice.
  23. At the time of Plaintiff's injury, do you contend that any person or entity other than you managed or controlled the Premises on which Plaintiff alleges she was injured?  If so, state each and every fact on which you base the contention and identify each and every writing that supports that contention.
  24. At the time of Plaintiff's injury, do you contend that any person or entity other than you and/or your employees, agents and/or servants was responsible for the maintenance of the Premises on which Plaintiff alleges she was injured?  If so, state each and every fact on which you base your contention and identify each and every writing that supports that contention.
  25. Do you believe that a reasonable prudent person traveling across the area in question should have been able to maintain his/her balance and avoided the fall?
  26. What efforts were made by the state of Maryland to correct the condition which Plaintiff contends caused her injuries?
  27. Please describe what training procedures, if any, are followed in the course of training Defendant’s employees with regard to invitees on the Premises slipping and/or falling.  This includes any and all written material, slides, photographs, films, videotapes, etc. which Defendant utilizes in training employees.

Respectfully submitted,

MILLER & ZOIS, LLC


Ronald V. Miller, Jr.
Laura G. Zois
Empire Towers, Suite 615
7310 Ritchie Highway
Glen Burnie, Maryland 21061
(410)553-6000
(410)760-8922 (Fax)
Attorneys for the Plaintiff

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