No. 95-2-11171-8Plaintiffs,
Pursuant to Rules 36 and 37(c) of the Civil Rules for Superior Court, plaintiff propounds the following requests for admission to carrier above named.
Defendant shall serve its answers and responses on plaintiff's attorney, Thomas C. Bierlein, P.S., 5837 - 221st Place SE, Issaquah, Washington, 98027, within forty (40) days of the service hereof with the Summons and Complaint.
1. Admit that on June 2, 1994, Cynthia Lynn Gebhart resided in King County, State of Washington.
ANSWER:
2. Admit that on June 2, 1994, Cynthia Lynn Gebhart owned, and resided on, the property located at 9765 NE 126th Place, Kirkland, Washington.
ANSWER:
3. Admit that on June 2, 1994, shrubbery, foliage and trees were located in the front of Ms. Lynn Gebhart's property adjacent to Ms. Weaver's driveway and 126th Place, Kirkland, Washington.
ANSWER:
4. Admit that on June 2, 1994, Cynthia Lynn Gebhart was negligent in the care and maintenance of the shrubbery, foliage and trees and allowed them to protrude into 126th Place, Kirkland, Washington.
ANSWER:
5. Admit that on June 2, 1994, Ms. Lynn Gebhart's shrubbery, foliage and trees obstructed Ms. Weaver's view of oncoming traffic as she emerged from her driveway.
ANSWER:
6. Admit that Ms. Lynn Gebhart's shrubbery, foliage and trees obstructed the view of any driver driving on 126th toward Ms. Weaver's residence from the direction of Ms. Gebhart's residence from seeing Ms. Weaver's car exiting her driveway.
ANSWER:
7. Admit that Ms. Lynn Gebhart's negligence in failing to properly maintain her shrubbery, foliage and trees directly and proximately caused the collision between the Plaintiff and Mr. Robert Johnson on June 2, 1994:
ANSWER:
8. Admit that a collision between a vehicle exiting Ms. Weaver's driveway and a vehicle approaching Ms. Weaver's residence from the direction of Ms. Gebhart's residence was foreseeable as a consequence of obstruction of view due to the overgrown shrubbery, trees and foliage located in Ms. Lynn Gebhart's front lawn.
ANSWER:
9. Admit that solely by reason of the negligence of Cynthia Lynn Gebhart, and as a direct and proximate result thereof, the plaintiff, Debra Ann Weaver, sustained serious personal injuries, some or all of which are permanent.
ANSWER:
10. Admit that some or all of the injuries sustained in this accident are permanent to plaintiff's detriment as consequence of the negligence of Cynthia Lynn Gebhart.
ANSWER:
11. Admit that plaintiff has suffered continuous physical pain and mental distress to plaintiff's detriment as consequence of the negligence of Cynthia Lynn Gebhart.
ANSWER:
12. Admit that plaintiff has suffered a permanently diminished capacity to enjoy life to plaintiff's detriment as consequence of the negligence of Cynthia Lynn Gebhart.
ANSWER:
13. Admit that plaintiff has sustained loss of income and diminished earning capacity to plaintiff's detriment as consequence of the negligence of Cynthia Lynn Gebhart.
ANSWER:
14. Admit that plaintiff has incurred medical bills for treatment and care to plaintiff's detriment as consequence of the negligence of Cynthia Lynn Gebhart.
ANSWER:
15. Admit that plaintiff will continue to incur medical bills in the future to plaintiff's detriment as consequence of the negligence of Cynthia Lynn Gebhart.
ANSWER:
16. Admit that plaintiff has been compelled to hire additional services to plaintiff's detriment as consequence of the negligence of Cynthia Lynn Gebhart.
ANSWER:
17. Admit that plaintiff's medical expenses and other special damages are liquidated damages upon which interest lawfully accrues at the maximum lawful rate until satisfied.
ANSWER:
18. Admit that the injuries inflicted on plaintiff as hereinbefore mentioned, were not caused by any fault, carelessness, or negligence on plaintiff's part.
ANSWER:
19. Admit that the injuries inflicted on plaintiff as hereinbefore mentioned were caused solely and proximately by the negligence by Cynthia Lynn Gebhart in maintaining her front lawn.
ANSWER:
20. Admit that the summary of medical expenses attached hereto accurately reflects reasonable accident related medical expenses incurred by the plaintiff for the dates and providers indicated thereon.
ANSWER:
21. Admit that medical services provided to plaintiff as indicated by the dates and providers listed on the attached summary were necessary as a consequence of injuries she sustained in the June 2, 1994, collision with Mr. Johnson.
ANSWER:
22. Admit that amount charged for the medical services set forth in the attached summary are/were reasonable in amount for services rendered in the relevant community.
ANSWER:
23. Admit that as a proximate cause of the negligence of Ms. Lynn Gebhart plaintiff sustained injury to her upper and mid back.
ANSWER:
24. Admit that as a proximate cause of the negligence of Ms. Lynn Gebhart plaintiff sustained injury to her neck.
ANSWER:
25. Admit that as a proximate cause of the negligence of Ms. Lynn Gebhart plaintiff sustained injury to her shoulders.
ANSWER:
26. Admit that as a proximate cause of the negligence of Ms. Lynn Gebhart plaintiff will require future medical care to include extensive chiropractic treatment including massages and physical therapy.
ANSWER:
27. Admit that as a proximate cause of the negligence of the Defendant, Plaintiff will require future medical care to include chiropractic treatment & massage therapy.
ANSWER:
28. Admit that as a proximate cause of the negligence of Ms. Lynn Gebhart Plaintiff has suffered a loss of wage earning capacity in the past and shall suffer a loss of wage earning capacity in the future.
ANSWER:
29. Admit that on June 2, 1994, Debra Ann Weaver was lawfully and cautiously backing out of her driveway located at 13246 N.E. 129th Place, Kirkland, Washington 98034.
ANSWER:
30. Admit that defendants have been duly served with the summons and complaint herein.
ANSWER:
31. Admit that the court has subject matter jurisdiction.
ANSWER:
32. Admit that the court has personal jurisdiction.
ANSWER:
Requests for admission propounded this 2nd day of June, 1995.
By _________________________
Thomas C. Bierlein WSBA 13425
Attorney for Plaintiff
ANSWERS DATED: ___________________________
By
Michael Riley, WSBA #
Attorney for Defendant Lynn Gebhart
STATE OF WASHINGTON
ss.
County of _________________________________
Cynthia Lynn Gebhart, being first duly sworn upon oath, deposes and states as follows:
I am the defendant named in the above-entitled action; I have read the above and foregoing REQUESTS FOR ADMISSIONS and Answers thereto, know the contents thereof, and believe the same to be true.
______________________________
SUBSCRIBED AND SWORN to before me this __________ day of ____________________, 1995, by ____________________________.
______________________________
NOTARY PUBLIC in and for the
State of Washington
My appointment expires: _________