COMMONWEALTH OF MASSACHUSETTS MIDDLESEX, ss. MALDEN DISTRICT COURT CIVIL ACTION NO. 9450CV872 __________________________________ ) PHILIP GREENSPUN, ) Plaintiff, ) v. ) PLAINTIFF'S ANSWERS TO ) DEFENDANT'S INTERROGATORIES SMYLY AUTOS, INC. ) Defendant. ) __________________________________) INTERROGATORY ONE Q. Please state your full name, date of birth, residential address, business address, social security number, and occupation at the time of the alleged accident. A. Philip Gittes Greenspun; September 28, 1963; 55 Russell Street, Melrose, MA 02176; 545 Technology Square, Room 609, Cambridge, MA 02139; social security number witheld as it is beyond the scope of permissible discovery, contrary to public policy, and not reasonably calculated to lead to the discovery of admissible evidence; computer-aided litigation and computer networking consultant. INTERROGATORY TWO Q. Please set forth, based upon your own personal knowledge, a complete and detailed account of all facts upon which you base the allegations contained in your complaint. A. I object to this question as vague and duplicative. My complaint was extremely detailed. If there are specific facts about which Smyly is confused, I call upon them to state which ones and I will gladly give a fuller explanation. Alternatively, they are free to depose me. INTERROGATORY THREE Q. Please set forth any additional facts not recited in your answer to interrogatory number 2 above upon which you base your complaint. Please state the source (i.e. name of witness, document, etc.) of the facts you provide. A. I repeat my object to interrogatory number 2. INTERROGATORY FOUR Q. Please state with regard to the stereo in the plaintiff's automobile that was left to be repaired by Smyly Autos, Inc. the following: a. The year, make and model of said stereo; b. The serial number at the time of the alleged theft; c. The date said stereo was purchased by the plaintiff; and d. The price that was paid for said stereo by the plaintiff. A. As stated in my complaint, the stereo stolen by Smyly Autos from my Caravan was an Alpine 7525 radio/cassette player, it did not have a year designation on it; I do not recall the serial number of the unit; it was purchased on 5/19/93; I paid $2903.90 for a complete stereo and alarm system, of which the 7525 was a part. INTERROGATORY FIVE Q. Please state when the plaintiff's automobile was left at Smyly Auto, Inc. A. I object to this question. Not only does it ask for information that was in my Complaint, it asks for information that is undoubtedly in the posession of the defendant, in particular in their computer system for tracking repair orders. INTERROGATORY SIX Q. Please state why the plaintiff's automobile was left at Smyly Auto, Inc. specifically stating complaints the plaintiff had regarding said automobile. A. I repeat my answer to interrogatory five. INTERROGATORY SEVEN Q. Please state whether an estimate of the cost of repairing said automobile was given at the time the plaintiff left his automobile at Smyly Auto, Inc., and if so, please state: a. What repairs were to be made; and b. The total cost of said repairs. A. I repeat my answer to interrogatory five and interrogatory six. INTERROGATORY EIGHT Q. Please state the amount of the total repair bill after the repairs were completed on the plaintiff's automobile. A. I repeat my answer to interrogatory five. INTERROGATORY NINE Q. Please state whether the plaintiff has paid the repair bill, and if so, the date of such payment. A. I repeat my answer to interrogatory five. INTERROGATORY TEN Q. If the repair bill has not been paid, please state why not. A. I repeat my answer to interrogatory five. INTERROGATORY ELEVEN Q. Please state when the plaintiff was notified that the repairs on said automobile had been completed. A. I do not recall exactly when I was notified that the repairs to my Caravan were complete. I believe that I called Smyly from my Cambridge office on April 14, 1994, and was told that the repairs had been completed to the best of Smyly's ability. INTERROGATORY TWELVE Q. Please state how many sets of keys there were to the plaintiff's vehicle at the time of the alleged theft and who had custody of each set. A. There are two sets of keys to my Caravan and I have custody of both sets. INTERROGATORY THIRTEEN Q. Please state when the plaintiff first learned that his stereo was missing and how he learned it was missing. A. I object to this question because it duplicates information that I have already provided in my complaint. Without waiving this objection, I can say that after I paid my bill and was given the key and alarm transmitter by Smyly's cashier, I walked over to the car and found that it was disarmed but locked. After I got into the car, I noticed that there was a hole in the dashboard where the Alpine 7525 head unit had formerly been. INTERROGATORY FOURTEEN Q. Please state whether the plaintiff notified any law enforcement agency that the stereo was missing. A. My complaint provides the police report number from the Malden Police. INTERROGATORY FIFTEEN Q. If the preceding interrogatory was answered in the affirmative, please state what law enforcement agency was informed and the date that the notice was given. A. I do not understand what Smyly wants beyond the police report number provided in the Complaint. INTERROGATORY SIXTEEN Q. Please state the name and address of the company, if any, that provided automobile insurance to the plaintiff covering the plaintiff's automobile at the time of the alleged theft. A. State Farm, The Meadows Building, 161 Worcester Rd (Rt. 9), PO Box 9362, Framingham, Mass 01701-9362, (508) 620-5700, (800) 733-4320. INTERROGATORY SEVENTEEN Q. Please state whether a claim was made with said insurance company, and if so, please state the date that notice was first given and the claim number of said claim. A. I telephoned State Farm from Smyly Dodge, while waiting for the service manager to talk to me. The claims processor stated that my vehicle was not covered because the theft had occurred while the vehicle was in the posession of a car dealer. Hence, no claim number exists as State Farm unequivocally denied coverage. INTERROGATORY EIGHTEEN Q. If the preceding interrogatory was answered in the affirmative, please state whether said insurance company paid said claim, and if so, please state the amount paid by said insurance company, and the amount of the deductible paid by the plaintiff, if any. A. N/A. INTERROGATORY NINETEEN Q. With regard to the plaintiff's automobile, please give the following: a. A detailed account of all the damage sustained to said automobile as a result of the alleged; b. An itemized account of the cost of all repairs to said automobile as a result of the alleged theft; and c. The name and address of the person or business that made said repairs. A. Because the car had been taken apart by a professional mechanic in posession of a key to my car, all the proper tools for Dodge Caravan dashboard disassembly and reassembly, and expert knowledge of Dodge Caravan mechanical procedures, damage to my vehicle was slight. Rich's Car Tunes, which replaced the stereo, stated that only one small plastic clip had been damaged and that the work was obviously that of a mechanic. I have already produced my receipt from Rich's giving an itemized account of the repairs and their address. INTERROGATORY TWENTY Q. Please state whether the plaintiff's stereo was recovered, and if so, when it was found, where it was found, and the name and address of the person who found it. A. The last I saw of my Alpine 7525 was when I popped out a half- listened-to lecture cassette tape as I drove into Smyly Dodge on April 13, 1994. INTERROGATORY TWENTY-ONE Q. Please set forth the names and addresses of each witness to the events set forth in your complaint (including your alleged damages) and with regard to each, please state: a. A complete description of what each witnessed; and b. Whether or not you or your attorney have obtained a statement from the witness. A. I have not obtained any statements from witnesses. Jeff from Enterprise car rentals witnessed my arrival at Smyly and disappointment that my rental car lacked a cassette deck (I explained to him that I wanted to continue listening to my lecture.) He also witnessed many of the events when I picked my stereo-less Caravan up. Mike, a service advisor at Smyly, witnessed many of the events described. David Pike, service manager at Smyly, witnessed some of the events. As to the full names and addresses of the preceding witnesses and the identities of other witnesses, e.g., customers, mechanics, other Smyly employees and vendors, I will need to conduct my own discovery to get this information. INTERROGATORY TWENTY-TWO Q. With regard to each and every expert you intend to call at the time of trial, please state: a. Name and address; b. Area of expertise; c. The subject matter upon which each is expected to testify; d. The substance of the facts and opinions to which each expert is to testify; and e. A summary of the grounds for each such opinion. A. I have not yet decided whom to call at trial. INTERROGATORY TWENTY-THREE Q. Please state whether anyone was arrested for the theft of the plaintiff's stereo, and if so, please state: a. The name and address of the person arrested; b. The court in which said person was prosecuted; and c. The results of said prosecution. A. To the best of my knowledge, nobody has been arrested in this case. INTERROGATORY TWENTY-FOUR Q. If you have suffered financial loss as a result of the alleged incident, please state in what amount. In answering this interrogatory, itemize as far as possible, bills, expenses, and loss in wages, salary or business. A. As stated in my complaint, I lost approximately $2400 from my consulting business as a consequence of Smyly's theft of my stereo up through the time at which Rich's Car Tunes replaced the Alpine. This involved telephone calls with Smyly, photographing the hole in my dashboard, driving to Rich's Car Tunes, waiting for Rich's to install the replacement Alpine, and driving back from Rich's. INTERROGATORY TWENTY-FIVE Q. If you missed work as a result of the alleged incident, please state: a. The dates which you missed; b. The name and address of your employer at the time of the alleged incident; and c. The average amount of your weekly salary or wages; d. The name and address of your present employer. A. I missed some work on April 15, 1994. I missed additional work time on April 20, 1994 when I took the Caravan to Rich's Car Tunes. I missed work time on April 19, 1994 in telephone conversations with Smyly and FAX correspondence with them. I consider myself self-employed, although I do some work for the Massachusetts Institute of Technology and Los Alamos National Laboratory because these jobs provide useful resources and long- term contacts. I strive to earn at least $2000/day in my consulting, although I sometimes earn more and sometimes less as I often do fixed-price contracts. My clients have included Fortune 500 and smaller firms. I swear that the answers I have given above are true to the best of my knowledge and recollection. Philip G. Greenspun 55 Russell Street Melrose, MA 02176 (617) 662-8735 Dated: November 1, 1994 CERTIFICATE OF SERVICE I hereby certify that I have served the above document upon all other counsel of record by facsimile transmission, on November 1, 1994, and that the above document was served within the time limits set forth in Standing Order 1-88. Philip G. Greenspun 55 Russell Street Melrose, MA 02176 (617) 662-8735