IN THE CIRCUIT COURT FOR BALTIMORE CITY, MARYLAND
MATTHEW LEWIS
– Plaintiff
v
BENNETT CONSTRUCTION
– Defendants
CASE NO.: 05-C-11-6596
Plaintiff’s Responses to Defendant’s Requests for Production of Documents
TO: Donald Otis and Bennett Construction, Inc., Defendants
FROM: Matthew Shaw Lewis, Plaintiff
Plaintiff, Matthew Shaw Lewis, hereby responds to Defendants, Donald Otis and Bennett Construction, Inc.’s Requests for Production of Documents as follows:
1. Any documents identified your Answers to Interrogatories of any party.
RESPONSE: Plaintiff agrees to comply with this request to the extent that the request does not invade the attorney client privilege or work product doctrine, see attached.
2. Any and all documents to support any claim of the Plaintiff’s negligence on the part of these Defendants or any other party in connection with the June 28, 2012 incident.
RESPONSE: Plaintiff agrees to comply with this request, see attached.
3. All medical records pertaining to treatment rendered by any physician, dentist, hospital or other medical practitioner or facility in connection with injuries claimed to have been suffered by Plaintiff as a result of the occurrence which is the subject of this litigation.
RESPONSE: Plaintiff agrees to comply with this request. See Plaintiff’s medical records attached hereto, and incorporated herein by reference.
4. All medical records pertaining to treatment rendered by any physician, dentist, hospital or other medical practitioner or facility in connection with any illness or condition from which the Plaintiff was suffering at the time of the occurrence which is the subject of this litigation.
RESPONSE: Plaintiff objects to this request as overly broad and unduly burdensome. Furthermore, the information sought is irrelevant, and the discovery of which is not likely to lead to information that would be admissible at the trial of this matter, however, without waiving said objection, Plaintiff is not in possession of all such documents.
5. All medical records pertaining to treatment rendered by any physician, dentist, hospital or other medical practitioner or facility within five (5) years prior to or at any time subsequent to the occurrence which is the subject of this litigation.
RESPONSE: Plaintiff objects to this request as overly broad and unduly burdensome. Furthermore, the information sought is irrelevant, and the discovery of which is not likely to lead to information that would be admissible at the trial of this matter, however, without waiving said objection, Plaintiff is not in possession of all such documents.
6. All bills or invoices for medical treatment rendered by any physician, dentist, hospital or other medical practitioner or facility in connection with injuries claimed to have been suffered by the Plaintiff as a result of the occurrence which is the subject of this litigation.
RESPONSE: Plaintiff agrees to comply with this request. See Plaintiff’s medical bills attached hereto, and incorporated herein by reference.
7. Plaintiff’s income tax returns, as filed with the Internal Revenue Service, for five (5) years preceding the occurrence which is the subject of this litigation, and for the years subsequent to the occurrence, through to the present date.
RESPONSE: Plaintiff agrees to comply to this request. This response will be supplemented.
8. Statement from the Plaintiff employers reflecting any time claimed to have been lost from work as a result of the occurrence which is the subject of this litigation.
RESPONSE: Plaintiff agrees to comply with this request, This response will be supplemented.
9. All written reports of each person whom you expect to call as an expert witness at trial.
RESPONSE: Plaintiff agrees to comply with this request. See attached medical bills, incorporated herein by reference. This response may be supplemented.
10. All written or recorded statements of this party, or of any agent, representative or employee of this party, concerning the subject matter of this action.
RESPONSE: Plaintiff agrees to comply with this request; however, no such documents exist.
11. All documents concerning any release, settlement or other agreement, formal or informal, pursuant to which the liability of any person for any injury or damage arising out of the occurrence has been limited, reduced or released in any manner.
RESPONSE: Plaintiff objects to this request on the grounds that it seeks information which is irrelevant and the discovery of which is not likely to lead to information which would be discoverable at the trial of this matter. However without waiving said objection, Plaintiff has not signed any release for settlement, however, Plaintiff did receive the attached letter from Nationwide dated August 4, 2009.
12. All insurance policies under which a person carrying on an insurance business might be liable to satisfy all or part of a Judgment that might be entered in this action or reimburse you for payments made to satisfy such a Judgment.
RESPONSE: Plaintiff objects to this request as it seeks to violate the Collateral Source Rule; however, without waiving said objections, Plaintiff had a policy of personal automobile insurance with Nationwide at the time of the accident.
13. All documents which support any and all of the special damages which you claim in this action.
RESPONSE: Plaintiff agrees to comply with this request. See attached.
14. All photographs, videotapes or audiotapes, x-rays, diagrams, surveys, or other graphic representations of information concerning the subject matter of this action.
RESPONSE: Plaintiff agrees to comply with this request. See attached. This response may be supplemented.
15. All documents reflecting any and all claims made by or on behalf of the Plaintiff within or without the State of Maryland, including but not limited to, correspondence from or on behalf of the Plaintiff addressed to other individuals, corporation, or governmental agencies asserting claims for personal injuries arising from this incident.
RESPONSE: Plaintiff objects to this request on the grounds that the information requested is irrelevant and the discovery of which is not likely to lead to information that would lead to admissible evidence. Without waiving said objection, see attached.
16. All codes, standards or other regulations upon which you have relied or intend to rely in connection with this case.
RESPONSE: Plaintiff objects to this request on the grounds that it seeks to invade the work product doctrine and goes to Plaintiff’s trial strategy. Plaintiff reserves the right to rely on any and all applicable codes, statutes, rules or regulations that may apply.
17. All calculations, diagrams, engineering drawings, computer printouts or other data which have been prepared in connection with this case.
RESPONSE: Plaintiff objects to this request as it seeks to invade the attorney-client privilege and/or attorney work product doctrine.
18. All models or other physical objects which you have prepared in connection with this case.
RESPONSE: Plaintiff objects to this request as it seeks to invade the attorney-client privilege and/or attorney work product doctrine. Without waiving said objection, the Plaintiff does intend to use relevant anatomical models as demonstrative exhibits at the trial of this
matter.
19. All documents relating to statements given by these Defendants, their representatives, agents or employees, concerning this incident being electronically recorded, written or oral and later transcribed.
RESPONSE: Plaintiff agrees to comply with this request; however, no such documents exist.
20. All documents relating to the Plaintiff’s employment for the period of five (5) years prior to or at any time subsequent to the occurrence which is the subject of this litigation.
RESPONSE: Plaintiff agrees to comply with this request. This response will be supplemented.
21. All reports and/or correspondence prepared by you or on your behalf in connection with any investigation in which you have engaged in this case.
RESPONSE: Plaintiff objects to this request on the grounds that it invades the attorney-client privilege and/or attorney work product doctrine.
22. All correspondence or other documents received by you in connection with your investigation in this case.
RESPONSE: Plaintiff objects to this request on the grounds that it invades the attorney-client privilege and/or attorney work product doctrine.
23. All written or recorded statements obtained from any person and/or which describe how the accident in this case occurred.
RESPONSE: Plaintiff agrees to comply with this request; however, no such statements exist. This answer may be supplemented.