IN THE STATE COURT OF DEKALB COUNTY STATE OF GEORGIA

Transcription

1 IN THE STATE COURT OF DEKALB COUNTY STATE OF GEORGIA PATRICK C. DESMOND AND MARY C. DESMOND, INDIVIDUALLY, AND MARY C. DESMOND, AS ) Civil Action No. 10A ADMINISTRATRIX OF THE ESTATE OF PATRICK W. DESMOND, Plaintiffs, NARCONON OF GEORGIA, INC. DELGADO DEVELOPMENT, INC., SOVEREIGN PLACE, LLC, SOVEREIGN PLACE APARTMENT MANAGEMENT, INC., LISA CAROLINA ROBBINS, M.D. THE ROBBINS GROUP, INC., and NARCONON INTERNATIONAL, Defendants. PLAINTIFFS' RESPONSES TO DEFENDANT LISA ROBBINS. M.D.'S FIRST INTERROGATORIES TO PLAINTIFFS Plaintiffs in the above-styled cause, pursuant to O.C.G.A hereby respond to Defendant Lisa Robbins, M.D.'s First Interrogatories as follows: INTERROGATORIES 1. Please state the full name of decedent, together with date of birth, social security number and last residence address of decedent; please give the same information for the person answering these Interrogatories. RESPONSE: Decedent Information Name: Patrick W. Desmond DOB: 28 Feb 1980 SSN: xxx-xx-8037

2 Residence: 934 Cormorant Court, Viera, Florida Person Answering Interrogatories Name: Patrick C. Desmond and Mary C. Desmond DOB: 7 May 1952 (Patrick) (Plaintiffs will supplement Mary's date of birth) SSN: xxx-xx-4137 (Patrick) (Plaintiffs will supplement Mary's SSN) Residence: 934 Cormorant Court, Viera, Florida State your relationship, if any, to the decedent. RESPONSE: Father and mother. 3. If the decedent had any children, state the names, ages and present addresses of all such children, whether legitimate, illegitimate or adopted. RESPONSE: Patrick did not have any children. 4. Is decedent's estate in probate or in the process of administration, either by an executor or administrator? If so, specify the court and the name of the executor and/or administrator. RESPONSE: The Circuit Court of the Eighteenth Judicial Circuit in and for Brevard County, Florida. Mary C. Desmond has been appointed personal representative. 5. Please provide a brief summary of decedent's educational background. RESPONSE: Please see Plaintiffs' response to Narconon of GA's Interrogatory No Please list all jobs or other employments or occupations of the decedent for the past ten (10) years. RESPONSE: Patrick's employment history is as follows: 2

3 No Job and Location Year Comments 1 Pizza Hut Billerica, MA /98 High School Job Bus Boy - Kitchen Assistant 2 US Marine Corps Jan 99 - May Johnny's Sports Bar and Pub July 2000-July 2001 Night Bar Manager Port Charlotte, Florida 4 Sterling Casino Cape Canaveral Florida Aug July 2003 Bartender 5 Suntree Country Club Nov Dec 2005 Bartender Melbourne, Florida 6 Cabinet Installer Central Florida (Orlando Area) Jan Sept 2007 Self Employed Apprentice Program to Master Cabinet Installer Paid Cash - but paid taxes each year. Wanted to pursue this as a career field. Purchased approximately $4000 worth of specialized tools - in the days before he was sent to Narconon. 7. Please list decedent's net income for the last five (5) years, or if you prefer, attach copies of decedent's Federal income tax returns for the last five (5) taxable years. RESPONSE: Please see Plaintiffs' response to Narconon of GA's Interrogatory No

4 8. Did decedent ever have an application for life, health, accident or other type of insurance rejected by an insurance carrier? If so, state the types applied for, the date of rejection, the names of the insurance companies involved and the reason for rejection. RESPONSE: No. 9. Please state the names and locations of all medical providers for decedent in the 10 years preceding his death. Please also include in this response all hospitals at which decedent was a patient during the last ten (10) years giving the dates of hospitalization, the name of the attending physician and the reason for same. RESPONSE: Please see Plaintiffs' response to Narconon of GA's Interrogatory No To your knowledge, information or belief, have any hospitals, physicians, surgeons, or other practitioners of the healing arts made any report, statement or bill concerning decedent's examination or treatment since the incident complained of? RESPONSE: Plaintiffs refer you to the medical records that are being produced contemporaneously herewith. 11. If so, please describe each such report, statement or bill, giving as to each: The date; The person making the report; The form of the report (whether oral or written); The subject of such report; 4

5 (e) (f) The person, firm or corporation to whom the report was given; The location of the report and the name of the person having custody, possession, or control thereof. RESPONSE: Please see Plaintiffs' response to Interrogatory No Will you voluntarily attach a copy of each such report to your answers to these Interrogatories? If so, please disregard subparagraphs through (f) of the preceding interrogatory. RESPONSE: Responsive documents are being produced contemporaneously herewith. 13. Was decedent employed at the time of death? If so, please state: Decedent's occupation; Decedent's employer; Decedent's duties in each such occupation; Decedent's earnings. RESPONSE: No. employment: 14. If decedent was not employed at the time of death, please state, for the last date of Date of last employment; Decedent's occupation; Decedent's employer; Decedent's duties in each such occupation; 5

6 (e) Decedent's earnings. RESPONSE: Please see Plaintiffs' response to Interrogatory No To your knowledge, information or belief, are there any photographs, drawings, x-rays or other illustrative-like matter depicting or illustrating any of decedent's injuries or objects or devices causing such injuries and forming the subject matter of any issues of the within action? RESPONSE: Plaintiffs refer you to the medical records that are being produced contemporaneously herewith. 16. If the answer to the preceding Interrogatory is in the affirmative, please give the following information: The date made; By whom it was made; A description of such illustrative matter; The present location and name of the person having possession, custody, or control; (e) Will you voluntarily produce each such photograph, drawing, or x-ray and permit its inspection and copying at the expense of Defendant? RESPONSE: Plaintiffs refer you to the medical records that are being produced contemporaneously herewith. 17. Please list the name, address, and occupation of all persons having knowledge, either directly, indirectly or hypothetically, and whether of a lay or expert character, of any of the 6

7 events, circumstances, or issues formed by the subject matter of this litigation, along with a brief description of the knowledge of each said person. RESPONSE: This is under investigation. Plaintiffs' counsel may supplement this response as discovery progresses. In addition to emergency personnel and doctors, Plaintiffs state that the following people have knowledge: Mary Rieser, Narconon of Georgia Maria Delgado, Narconon Housing Complex Manager, and her husband Unknown Man (fiancee of Maria Delgado - who called Mrs. Desmond several times in the hours preceding Patrick's death) Lisa Moody, Florida Drug Court Administrator, Brevard County Johnny Carter, former Narconon patient: 6106 Rosedale Dr., Hyatts, MD Nick Parsons, former Narconon patient, and his mother, Cathy Buchanan: 394 Stewart Ave., Marietta, GA Aaron, Narconon staff member Bradley Shane Taylor, former Narconon patient: 133 Whipperwill Lane, Decaturville, TN Countless other Narconon patients and staff numbers that have not been identified yet. Jaime Thompson and Brandon Ormsby, the other people in the car when Patrick died. 18. For each person whom Plaintiff expects to call as an expert witness at the trial of the within matter, please state the following: Give each person's name, residence address, office address, and medical specialty, if any; State the subject matter on which said persons are expected to testify; State the substance of the facts and opinions to which such experts are expected to testify; Give a summary of the grounds for each such opinion. 7

8 RESPONSE: Plaintiffs have not yet determined what experts they intend to call in the trial of this case, but will supplement with responsive information when they disclose their testifying experts. 19. Please specify and itemize each and every ground of negligence, breach of contract, or any other wrong for which you contend this Defendant is liable in this action. RESPONSE: Please see Plaintiffs' Complaint for Wrongful Death, Pain and Suffering, and Other Damages, as well as Plaintiffs' Response to Narconon of Georgia's Interrogatory No. 11. This response may be supplemented as discovery progresses. 20. Have you at any time by any means recorded any conversation with the Defendant or anyone acting on the Defendant's behalf? If so, please state the following: (e) (f) Type of recording (cassette tape, etc.); Date of recording; Length of recording; Person recorded; Name of person having possession of such recording; Contents of recording. RESPONSE: No. 21. Please identify all documents in your possession that support your contentions in paragraph 17 of the Complaint that Dr. Robbins was medical director of any Narconon entity, or that you contend set forth Dr. Robbins' responsibilities as they pertain to any Narconon entity. 8

9 RESPONSE: The Medical Director Agreement, bates-labeled Desmond-D-GA Additionally, the January 4, 2008 letter from Allison Riepe, Narconon's Legal Administrator, to Mark O'Donnell, bates-labeled Desmond-D-GA 0003 refers to Dr. Robbins as "our Medical Director." This is currently under investigation and Plaintiffs reserve the right to supplement this response as discovery continues. 22. If to your knowledge, information or belief there exists any diary, journal, notes, correspondence or other similar document reflecting or containing observations or recollections relating to any fact or issue in this lawsuit, which document is not fully identified elsewhere in your responses to these interrogatories, please identify as to each the author, the type of document, when it was prepared, and the name and address of each person who presently has possession, custody or control-of the original or any reproduction thereof. RESPONSE: Plaintiffs have no knowledge of any such documents. 23. Please identify with specificity the criminal record of the decedent by delineating all arrests, convictions, plea bargains, or pleas of nolo contendere, associated with any misdemeanor or felony charges brought by any local, state, federal, or military authorities. RESPONSE: Please see Plaintiffs' response to Narconon of GA's Interrogatory No. 16. This 18tn day of August, HARRIS PENN & LOWRY, LLP

10 STEPHEN G. LOWRY Georgia Bar No: PAUL W. PAINTER, III Georgia Bar No JED D. MANTON Georgia Bar No W. Peachtree St. Suite 1105 Atlanta, GA Telephone: (404) Facsimile: (404) REBECCA C. FRANKLIN Georgia Bar No FRANKLIN LAW, LLC Midtown Proscenium Center 1170 Peachtree Street Suite 1200 Atlanta, GA Telephone: (404) Facsimile: (404) Attorneys for Plaintiffs 10

11 CERTIFICATE OF SERVICE This is to certify that I have this day submitted PLAINTIFFS' RESPONSES TO DEFENDANT LISA ROBBINS, M.D.'S FIRST INTERROGATORIES via U.S. Mail proper postage prepaid, addressed as follows: Robert G. Tanner, Esq. Weinberg, Wheeler, Hudgins, Gunn & Dial, LLC 3344 Peachtree Road, Suite 2400 Atlanta, Georgia Melanie C. Eyer, Esq. Belli Weil Grozbean & Davis 8010 Roswell Road, Suite 200 Atlanta, Georgia Attorneys for Defendants Lisa Carolina Robbins, M.D., and The Robbins Group, Inc. Marvin Dikeman, Esq. Webb, Zschunke, Neary & Dikeman LLP One Securities Centre, Suite Piedmont Road, NE Atlanta, Georgia Attorneys for Defendants Sovereign Place, LLC, and Sovereign Place Apartment Management, Inc. Attorneys for Defendants Delgado Development, Lnc. Stevan A Miller, Esq. Drew, Eckl & Farnham, LLP 880 W. Peachtree Street P.O. Box 7600 Atlanta, Georgia Attorneys for Narconon of Georgia, Inc., and Narconon International This the 18m day of August, HARRIS PENN & LOWRY, LLP 'MANTON' I Bar No JEFFREY R. HARRIS Ga. Bar No: