COMMONWEALTH OF MASSACHUSETTS MIDDLESEX, SS. DISTRICT COURT DEPARTMENT MALDEN DIVISION CIVIL ACTION NO. 9450CV872 ******************************* PHILIP GREENSPUN, * PLAINTIFF * * VS. * DEFENDANT SHYLY AUTO'8 ANSWERS * TO PLAINTIFFS INTERROGATORIES SHYLY AUTOS, INC., * DEFENDANT * ******************************* 1Q. Please state which employees were responsible, in any way, for Greenspun's Dodge Grand Caravan ("the Caravan") between 10 a.m. on April 13, 1994 and noon on April 15, 1994. Identify each person by full name, home address, home telephone number and work telephone number. 1A. A. Service Advisor: Michael Talbot 52 Mt. Vernon Street, Melrose MA 02176 Telephone Number 662-9674 B. Dispatcher: Flow control of paper and vehicle Charmaine M. Mallett 236 Linwood Street, Lynn MA 01905 Telephone Number Home 599-8349 Work 324-7000 C. Technician: Michael B. Alford 188 Mansfield Street, Sharon, MA 02067 Telephone Number Home 784-5261 Work 324-7000 D. Inspection Sticker State Emission: John Baggs 45 Alden Street, Malden, MA 02148 Telephone Number Home 322-4162 Work 324-7000 E. Service Manager: David Pike 5 Lake Shore Drive, Amesbury, MA 01913 Telephone Number Home 508-388-5018 Work 324-7000 2Q. Please identify all the persons of whom you are aware who were on the premises of Smyly Autos, Inc. between 10 a.m. on April 13, 1994 and noon on April 15, 1994. Identify each person by full name, relationship to Smyly (i.e., employee, customer, vendor, etc.), home address, home telephone number and work telephone number. 2A. Defendant objects to this interrogatorie because it is overbroad, vague and beyond the permissable scope of discovery. Subject to objection, the defendant states that there are at least 75 customers per day, plus employees. It would be impossible to supply the requested information. 3Q. Please state where the Caravan was located at all times between 10 a.m. on April 13, 1994 and noon on April 15, 1994. 3A. Caravan when not in for service parked and locked in Row I or J. 4Q. Please explain in detail Smyly's security procedures for protecting customer vehicles from theft. Include the names of all individuals responsible for security, including the name, home address, home and work telephone numbers, of the persons who were providing security between 10 a.m. on April 13, 1994 and noon on April 15, 1994. 4A. Defendant objects to this interrogatory because it is overbroad, vague and beyond the permissable scope of discovery. Answering this interrogatory "in detail" would disclose confidential security information which could lead to a breach of security. Subject to objection, defendant responds as follows: All vehicles are parked in customers designated area. Vehicles are locked at all times especially during closing hours. All keys are kept in dispatcher's office. If repairs are completed the keys and bills are kept in the cashier's office. Both entrance gates are locked and secured at 9:00 PM Monday through Thursday, Friday night at 6:00 PM, Saturday and Sunday at 6:00 PM. The guard comes on duty at closing time and remains until 6:30 AM in the morning. Guard: George McCullock 13 Victoria Street, Revere, MA 02151 Telephone number 889-0540 5Q. Please describe in detail other incidents, since 1985, where a customer has alleged that property was stolen from his vehicle while it was left at Smyly for service. Include the name, home address, home and work telephone numbers of the customers involved. Describe specifically what was taken and what actions Smyly took. 5A. Defendant objects to this interrogatory because it overbroad, vague and beyond the scope of discovery. Said interrogatory is not reasonably calculated to lead to admissable evidence. Subject ot objection, defendant states: In 1994 there was one other allegation of customer stolen radio. When customer was confronted he recanted his allegation. 6Q. Please state whether any of Smyly's employees has a criminal record and, if so, for what crimes that person has been convicted. 6A. Defendant objects to this interrogatory because it is overbroad, vague and beyond the scope of discovery. Answering said interrogatory would violate the privacy rights of defendant's employees. Subject to objection, defendant states that no employees have criminal records. 7Q. Please describe in detail Smyly's procedures for ensuring that individuals with criminal records, especially for theft, are not hired or allowed access to customer vehicles. 7A. Once a job is offered to a prospective employee, we have him/her sign a release allowing us to perform a backround check. 8Q. Please describe in detail what was done with the Caravan between 10 a.m. on April 13, 1994 and noon on April 15, 1994, including descriptions of work done, mechanics employed, handling of keys, and test drives. 8A. The vehicle arrived at dealership appriximately 10 AM on 4/13/ 94. Met by Service Advisor Michael Talbot. It was written up according to customers wants. It was tagged and parked in customer row. The paperwork was given to the dispatcher, held until 11:55 AM and it was given to Michael Alford to do the prescribed work. Lube-Oil-Filter and other items. It was then parked and locked in customer row. On 4/14/94 it was detailed to John Baggs for a Mass Inspection Sticker. The vehicle was completed at 10:49 AM. It was then parked and locked with the keys and the repair bill was brought to the cashier's office. At noontime on 4/15/94 Mr. Greenspun paid his bill and went to his vehicle which was locked. 9Q. Please describe in detail what action Smyly took upon being informed by Greenspun that his Alpine radio was missing from the Caravan. Include in this description the names of the Smyly employees involved, the times at which they became aware that the Alpine had been stolen, and what they offered to do for Greenspun. 9A. At about the time of pickup, when Mr. Greenspun went to retrieve his vehicle he alerted Mr. David Pike stating that someone took his radio. At all times the vehicle was locked. We notified our Insurance Company. A definite amount of damages was never stated my Mr. Greenspun. He was also asked to present a receipt or bill for his radio and refused. 10Q. Please describe in detail any settlement offers that were made to Greenspun prior to the filing of this lawsuit. 1OA. None. llQ. Please describe in detail any times since 1989 that Smyly was contacted by Chrysler regarding problems with its quality of service or integrity. llA. Defendant objects to this interrogatory because it is overbroad, vague and beyond the scope of discovery. Said interrogatory is not reasonably calculated to lead to the discovery of admissable evidence. 12Q. Please state whether Smyly reported the theft of Greenspun's Alpine to any law enforcement agencies or its insurance company. 12A. Yes. 13Q. Please state the basis for Alec DeSimone's claim that Smyly "is in court all the time and we always win," including a list of suits between Smyly and its customers since 1989 and the disposition of those cases. 13A. Defendant objects to this interrogatory because it is overbroad, vague and beyond the scope of discovery. Said interrogatory is no reasonably calculated to lead to the discovery of admissable evidence. 14Q. 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. 14A. Experts not yet determined. 15Q. Please state what happened to Greenspun's Alpine 7525 after it went into Smyly's possession. If the unit was sold, please state the amount for which it was sold and to whom. 15A. Defendant does not know what happened to plaintiff's stereo. 16Q. Please state each and every fact upon which you base the denials in your Answer, including your denials of allegations 3,4,5,6,8,9, and 10. 16A. Defendant objects to this interrogatory because it is overbroad, vague and beyond the scope of discovery. The plaintiff has the burden of proving the elements of his claim.