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. 10A28641-2 ADMINISTRATRIX OF THE ESTATE OF PATRICK W. DESMOND, Plaintiffs, v. 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 NARCONON OF GEORGIA INC.'S FIRST REQUEST FOR PRODUCTION OF DOCUMENTS Plaintiffs in the above-styled cause, pursuant to O.C.G.A. 9-11-34 hereby respond to Defendant Narconon of Georgia Inc.'s First Request for Production of Documents as follows: REQUESTS 1. Copies of all medical expenses or bills (including expenses for psychiatric and/or psychological counseling or therapy or other similar treatment) and drug bills incurred by you on behalf of decedent or incurred by decedent in connection with injuries allegedly received as a result of the incident(s) giving rise to this civil action. RESPONSE: Plaintiffs state that they are not in possession, custody or control of any such documents.
2. All documents evidencing any and all general and/or special damages which you claim in this lawsuit, including without limitation all medical bills, drug bills and funeral expenses. RESPONSE: This is under investigation and Plaintiffs may supplement this response as discovery continues. Plaintiffs attach a copy of the receipt for funeral expenses. 3. Copies of any and all medical reports (including hospital records), notes, patient information sheets, x-rays and photographs prepared by any podiatrist, physician, osteopath, chiropractor, psychiatrist, psychologist, radiologist, counselor or any other practitioner of the healing arts who treated decedent for injuries or medical conditions related to the incident that caused his death. RESPONSE: Copies of the medical records from Charter Peachford and Northside Hospital are being produced contemporaneously herewith. 4. Copies of any statement and/or recorded conversation of any kind in your control taken from each Defendant or Defendants' employees and agents, or former employees or agents, whether written or recorded, signed or unsigned, including any statement and/or recorded conversation made by any attorney or agent on behalf of each Defendant or Defendants' agent or employee. RESPONSE: Plaintiffs are not in possession, custody, or control of any such documents. 2
5. Any reports, notes, x-ray films, radiological testing and all other documents utilized by any expert identified in your response to this Defendant's Interrogatories. RESPONSE: Plaintiffs have not 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. 6. Copies of the claim forms, pleadings, depositions, releases, covenants not to sue, indemnity agreements and all medical reports in you, or your attorney's, agent's or representative's possession, custody or control regarding all claims for bankruptcy, personal injury (with or without a lawsuit), worker's compensation claims and disability claims made by you or decedent within the fifteen (15) years before the date of the response to this request, including any such documents which are related to the occurrences giving rise to this lawsuit. 7. All documents and other evidence concerning compensation, indemnity, insurance, wage loss replacement, income replacement, workers' compensation benefits, disability benefits, and all other payments available to decedent from all governmental or private sources, and all materials, booklets, manuals, etc., concerning the cost of providing and the extent of such available benefits or payments. RESPONSE: Plaintiffs are not in possession, custody or control of any such documents, and do not believe any documents of this character exist. 3
8. Copies of all insurance policies (or booklets describing coverage), including the declarations page, which have provided benefits or coverage for hospital expenses or medical expenses incurred by decedent in connection with this occurrence. 9. Copies of all current curriculum vitae, and copies of all statements for services to date, for any expert expected to testify for you. RESPONSE: Plaintiffs have not 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. 10. Copies of all documents pertaining to any criminal convictions (felonies, misdemeanors, or nolo contendre), of you and/or decedent, if any. 11. Copies of any hospital liens, Medicare, Medicaid, and subrogation agreements of every type, including but not limited to any assignments to insurers, providers of medical services, etc., correspondence and notices from providers of medical services, pension funds, and health care providers claiming subrogation or reimbursement rights, copies of all assignments to and agreements with medical care providers, and notices of claims of Subrogation of every type related to medical care and treatment rendered the decedent. RESPONSE: Plaintiffs are not aware of any such documents. 4
12. Copies of all documentary evidence relied upon to demonstrate and support facts relevant to this litigation. E.H. Siler Realty & Business Broker, Inc., v. Sanderlin, 158 Ga. App. 796,282 S.E.2d381 (1981). RESPONSE: Responsive documents are being produced contemporaneously herewith. The investigation of this case is ongoing and Plaintiffs reserve the right to supplement their discovery responses as the discovery process continues. 13. All notes, diagrams, letters, memos, reports, photos and documents of any type relating to the allegations in your Complaint that have been generated by or for any expert or healthcare provider expected to testify in this case. RESPONSE: Plaintiffs have not yet retained expert witnesses for the trial of this case. If and when expert witnesses are retained this response will be supplemented with the information required under the Civil Practice Act. Plaintiffs reserve the right to object to producing any information which includes mental impressions, conclusions, opinions, or legal theories of an attorney or other representative of a party concerning the litigation, subject to O.C.G.A. 9-11-26, if such information exists. But until such time as experts are disclosed, Plaintiffs do not know whether any responsive documents exist to which they may assert an objection. 14. All written material in your or your attorneys' possession, custody or control created by or obtained from any Defendant or Defendant's officers, employees, or agents other than as produced by Defendants to you in this litigation. 5
RESPONSE: Responsive documents are being produced contemporaneously herewith. 15. All incident reports, accident reports or other similar reports regarding the allegations contained in the Complaint which are in your possession or the possession of your attorney or any other agent. RESPONSE: Incident reports for Sovereign Place Apartments are being produced contemporaneously herewith. 16. Copies of any Department of Human Resources investigations, reports or documents of actions taken regarding any Defendant that are in your possession or your attorney's possession. RESPONSE: Responsive documents are being produced contemporaneously herewith. 17. All standards, guidelines, or recommendations related to the care and treatment of substance addicts or the operation of substance abuse rehabilitation programs which you contend each Defendant failed to follow. RESPONSE: Information responsive to this request includes subject areas of expert testimony. Plaintiffs will provide such responsive information with the opinions of the experts they intend to call at the trial of this case. 18. All documents in your or your attorney's possession that relate to any investigation by any state or federal governmental agency or entity regarding the allegations in the Complaint. RESPONSE: Responsive documents are being produced contemporaneously herewith. 19. 6
All documents and tangible things reflecting, recording or describing communications or correspondence between decedent or his family members, including you, and any Defendant. 20. All documents and tangible things, including but not limited to, photographs and video recordings that contain information, whether or not hearsay, as to the cause or nature of any incident(s) described in Plaintiffs' Complaint that have not already been produced. 21. All photographs, video recordings, or audio recordings taken inside or on the grounds of the nursing home and/or hospital which are at issue in this lawsuit by this party or this party's agent, employee, attorney, family member, or representative of any kind. 22. The death certificate, the autopsy report, and all similar documents concerning the decedent. RESPONSE: Responsive documents are being produced contemporaneously herewith. 23. All funeral bills and other documents concerning burial expenses and other expenses incurred in connection with decedent's burial, and all other special damages claimed in this lawsuit. RESPONSE: Plaintiffs attach a copy of the receipt for funeral expenses. 7
24. The last will and testament of decedent, and all documents concerning the appointment of the administrator/executor/personal of decedent's estate. RESPONSE: Plaintiffs state that Patrick did not have a will. Letters of Administration are being produced contemporaneously herewith. 25. All life, health, medical, motor vehicle, workers' compensation, and accident insurance policies which provided benefits relevant to or dependent upon the death of decedent, and all reports, claims and other documents submitted with reference to each policy. 26. Copies of all documents identified in response to Interrogatory No. 12. 27. Copies of all documents identified in response to Interrogatory No. 18. 28. Copies of all documents identified in response to Interrogatory No. 25. This 18th day of August, 2010. HARRIS PENN & LOWRY, LLP
DARREN W. PENN Georgia Bar No. 571322 STEPHEN G. LOWRY Georgia Bar No: 460289 PAUL W. PAINTER, III Georgia Bar No. 520965 JED D. MANTON Georgia Bar No. 868587 817 W. Peachtree St. Suite 1105 Atlanta, GA 30308 Telephone: (404) 961-7650 Facsimile: (404) 961-7651 REBECCA C. FRANKLIN Georgia Bar No. 141350 FRANKLIN LAW, LLC Midtown Proscenium Center 1170 Peachtree Street Suite 1200 Atlanta, GA 30309 Telephone: (404) 961-5333 Facsimile: (404) 969-4503 Attorneys for Plaintiffs 9
CERTIFICATE OF SERVICE This is to certify that I have this day submitted PLAINTIFFS' RESPONSES TO DEFENDANT NARCONON OF GEORGIA INC.'S FIRST REQUEST FOR PRODUCTION OF DOCUMENTS 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 30326 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 1210 3490 Piedmont Road, NE Atlanta, Georgia 30305 Attorneys for Defendants Sovereign Place, LLC, and Sovereign Place Apartment Management, Inc. Melanie C. Eyer, Esq. Belli Weil Grozbean & Davis 8010 Roswell Road, Suite 200 Atlanta, Georgia 30350 Attorneys for Defendants Delgado Development, Inc. Stevan A Miller, Esq. Drew, Eckl & Farnham, LLP 880 W. Peachtree Street P.O. Box 7600 Atlanta, Georgia 30357 Attorneys for Narconon of Georgia, Inc., and Narconon International This the 18th day of August, 2010. HARRIS PENN & LOWRY, LLP J.'MANTON Bar No. 868587 JEFFREY R. HARRIS Ga. Bar No: 330315 10