Slip and Fall Personal Injury Lawsuit - Plaintiff's Answers to Interrogatories

IN THE CIRCUIT COURT OF THE 11^TH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA CASE NUMBER: 07-24167 CA 03

INJURED CLIENT,

Plaintiff,

vs.

WEST GARDENS VILLAGE

CONDOMINIUM ASSOCIATION, INC.

and JR GONZALEZ & ASSOCIATES, INC.,

Defendants.

___________________________________________/

PLAINTIFF'S ANSWERS TO INTERROGATORIES

Plaintiff, INJURY VICTIM hereby files his response to Defendant, WEST GARDENS VILLAGE CONDOMINIUM ASSOCIATION, INC.'S Interrogatories dated August 27, 2007 to be considered by this Honorable Court at any scheduled hearing in the captioned cause, and to be used for any and all other pertinent issues regarding this litigation.

WE HEREBY CERTIFY that a true and correct copy of the foregoing was mailed this ______

day of September, 2007 to: John H. Richards, Esq., Cooney, Mattson, et al. 1600 West Commercial Boulevard, Suite 200, Miami, Fl. 33156.

______________________________

By: JUSTIN ZIEGLER

PLAINTIFF'S ANSWERS TO INTERROGATORIES

1. INJURY VICTIM, 3817 S.W. 90^th Avenue, Miami, Fl. 33165.

2. I worked for Xentel, Inc., 7905 N.W. 53^rd Street, Suite 8005, Doral Florida 33166 for a few months in

2006 after I was released from prison until I was injured. My pay varied but I never made over $400/week.

3. Always known by INJURY VICTIM.

3817 S.W. 90^th Avenue, Miami, Florida 33165 - April 1, 2007 to present.

9678 Fountainbleau Road, Miami, Fl. 33174-July, 2006 to March, 2007.

690 West Park Drive, Apt. 206, Miami, Fl. - June 28, 2006 to late July, 2006.

Department of Corrections, 11 different prisons from November 27, 1990 to June 28, 2006.

4. No.

5. Yes. I was convicted of four counts of kidnaping, robbery (home invasion). 22 years plus three minimum mandatory. Miami-Dade County. Arrested May 24, 1990.

6. Yes. Diabetes and Charcot Disease. See also: medical records produced.

7. Yes. Insulin, 30 units of 70/30 Humulin that morning at home.

8. I arrived at my mother's building complex. I started going up the stairs. I slipped and fell and felt a painful crunch to my left ankle. There was rain water on the steps. There was no way to prevent the accident.

9. Defendants breached their duty of reasonable care, and were negligent and careless in

all of, but not limited to, the following ways:

a. in negligently painting the steps of the subject stairway in a manner

that made them dangerously slippery;

b. in negligently failing to maintain the subject stairway so that the stairs

became excessively smooth and dangerously slippery;

c. in negligently failing to have sufficient handrails to protect persons,

including the plaintiff, who slip and have nothing to grasp onto;

d. in negligently failing to make sure that the stairs had uniform

riser heights;

e. in negligently failing to have uniform treads on the stairway;

f. in negligently failing to have a staircase that was uniformly slip resistant;

g. in negligently failing to make the stairway safe under wet conditions;

h. in otherwise maintaining a dangerous stairway that could foreseeably

cause persons, such as the plaintiff to slip and fall.

10. I was on the south staircase at 690 West Park Drive. I was on my way to visit my mother who lives in Apt. 206. Had been at work for the last seven hours.

11. Left leg - amputation. I am confined to a wheelchair and can't do many things that a person with two legs can do. I can't run, stand, walk, ride a bicycle, play sports, etc.

12. See documents produced in response to request for production.

13. Yes. Past lost wages. I was averaging $200/week and haven't worked since the accident so I have past lost wages of about 45 weeks X $200/week which equals $9,000.00. My loss of future earning capacity has yet to be determined.

14. Medicaid has paid medical bills and has a right of subrogation.

15. Jackson Memorial Hospital, 1611 N.W. 12^th Avenue, Miami, Fl. 33136

South Miami Hospital, 6200 S.W. 73^rd Street, Miami, Florida 33143.

See medical records produced for the remainder of this answer.

16. Selem Medical Center, Dr. Rotter, 4800 West Flagler Street, Suite 106, Miami, Fl. 33134. Saw numerous doctors in prison. See records produced. Also, American Medical Response took me to South Miami Hospital.

17. Besides my health care providers the following people have knowledge of my injury:

a) My mother, Mizaida Cabrera, 690 West Park Drive, Apt. 206, Miami, Fl.

b) Iliana Fiorenzano, 3817 S.W. 90^th Avenue, Miami, Fl.

c) Yesena Bover, 690 West Park Drive, Apt. 206, Miami, Fl.

d) William Garcia, 500 S.W. 109^th Avenue, Sweetwater, Fl. 33174 took me to Jackson Memorial.

18. No.

19. Undersigned counsel has 26 photos of the scene including pictures of the subject staircase. They were taken, on April 17, 2007 by the Plaintiff. Undersigned counsel also has 12 photos taken by George Zimmerman.on April 25, 2007. Mr. Zimmerman's address is P.O. Box 1028, West Palm Beach, Fl. 33402.

His photos are also of the accident scene.

20. Probably, but undecided at this time.

21. No.

22. No.

23. No.

24. Fractured right ankle on or about October, 2005. Treated at Orthopaedic Center of Okeechobee, P.A.,

1920 Highway 441 North, Okeechobee, Fl. 34972.

25. March 1, 2006 - prison van hit by dump truck on Okeechobee Road in front of South Bay Correctional Facility. Sustained head concussion and cuts and scratches to my head, face and elbow. I was treated at Glades General Hospital. See also: No. 24.

26. Have made claims for Medicaid, SSI and Food stamps. Do not have the rest of the information requested.

27. Dr. Mark Maederer, 2620 Pierce Street, Unit B-4, Hollywood, Fl. 33020. Written affidavit prepared by undersigned counsel who has a copy.

28. Medicaid and SSI.

29. See No. 9, above. Defendants, as owner and manager obviously had notice of the defects for a long time.

Proof, other than photographs, described above, is undetermined at this time.

30. Medicaid has paid the medical bills. SSI has paid my rent. DCF pays for food stamps. See also documents produced.