IN THE UNITED STATES DISTRICT COURT 

FOR THE MIDDLE DISTRICT OF ALABAMA 

NORTHERN DIVISION 

DELOISE PRICE, | 

 | 

 PLAINTIFF | 

 | 

VS. | CASE NO. 2:06-CV-721 

 | 

WAL-MART STORES, INC., | 

et al., | 

 | 

 DEFENDANTS | 

DEFENDANT EXTREME PERFORMANCE, INC.’S 

INTERROGATORIES TO PLAINTIFF

Pursuant to Federal Rule of Civil Procedure 33, defendant Extreme 

Performance, Inc. (hereinafter “Extreme”), by and through its attorneys, 

RUSHTON STAKELY JOHNSTON & GARRETT, P.A., respectfully requests 

that Plaintiff provide full and complete answers to the following interrogatories 

within thirty (30) days: 

DEFINITIONS AND INSTRUCTIONS

As used in these Interrogatories, the terms below shall be understood to have 

the meanings described below: 

1. The term “Defendant Extreme” means and refers to the entity 

identified as Extreme Performance, Inc., or any related company or corporation, or 

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any of their employees, agents, representatives, or other persons alleged to have 

acted with authority or under such party’s direction or control. 

2. The terms “Plaintiff,” “you” and “your” mean Plaintiff Deloise Price. 

3. The term “photograph” means and includes any photographs, copies, 

or reproductions of photographs, negatives, film, or magnetic recordings, digital 

images, video recordings or tapes, movies, microfilm or microfiche recordings. 

4. The term “document” means and includes any writings, letters, 

memoranda, correspondence, notes, receipts, canceled checks, invoices, 

statements, carbon or photographic reproductions of any of the foregoing, 

electronically stored data or computer disks containing such data, or any other 

tangible object which permanently or semi-permanently records data or 

information. The term also includes any information stored on a computer system 

or by any other electronic means. 

5. The term “statement” means and includes any recording of statements 

made by a person who has knowledge of any relevant facts concerning the events, 

recordings, or occurrences which are in controversy in the above-styled and 

numbered cause, as well as any transcription of such statements and/or memoranda 

or writings concerning, reporting, or summarizing statements made by such 

persons. 

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6. The term “exercise product” means and refers to the Model EE 120 

Deluxe Magnetic Elliptical Machine with Pulse which was allegedly involved in 

the incident made the basis of this suit, as described in Plaintiff’s Complaint. 

7. The term “maintenance” means and includes any work done for the 

purpose of preventing wear and tear and maintaining the exercise product in 

question and any component part or assembly of the same in good condition or 

good repair. 

8. The term “modification” means and includes the addition of any new 

part, device, component, assembly, or piece of equipment to the exercise product 

in question which was not originally part of the exercise product when purchased. 

The term also includes removal, without replacement, or repositioning of any part, 

device, component, assembly, or piece of equipment which was originally supplied 

with the exercise product in question at the time of purchase. 

9. The term “repair” means and includes any type of work done, 

including replacement of parts, to correct or attempt to correct mechanical 

problems, breakages, malfunctions, defects, or any other nonconforming aspect of 

the exercise product in question. This term shall also include adjustments made to 

correct or attempt to correct any problems or complaints. 

10. The terms “occurrence in question” or “the accident” means and 

refers to the incident referred to in Plaintiff’s Complaint to have occurred on 

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June 24, 2004, wherein it is alleged that Plaintiff was injured while using the 

exercise product. 

11. The term “identify” means to provide all known or last known 

information concerning the person or entity, including, but not limited to, the 

following: full name, address of residence, address of business, employer, phone 

numbers (business, home, cellular, pager), social security number, date of birth, 

FEIN, driver’s license number, email address. In addition, where current 

whereabouts are unknown, please identify any other person who may have 

knowledge of such whereabouts. 

12. Unless otherwise specified, the time period covered by these 

interrogatories is from June 24, 2004 to the present. 

13. Each Interrogatory and subparagraph or subdivision thereof is to be 

separately answered. If you cannot respond to a particular interrogatory, so 

indicate why. 

INTERROGATORIES TO PLAINTIFFS

1. State Plaintiff’s full name, date of birth, social security number, 

driver’s license number and issuing state, employer (where 

applicable), current home address, and home address at the time of the 

occurrence in question. 

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2. State the date when Plaintiff purchased the exercise product and the 

date it was delivered to Plaintiff. 

3. State the location where the exercise product was purchased. 

4. How many times had Plaintiff used the exercise product prior to the 

injury on June 24, 2004? 

5. What time of day did the injury occur? 

6. Did anyone call 911 when the accident occurred? If so, who? 

7. Did you visit an emergency room or other medical facility following 

the accident? 

8. When did you first seek medical treatment following the accident? 

9. Where did you FIRST seek medical treatment following the accident? 

10. Identify each healthcare professional or healthcare institution who has 

provided any medical care or mental health services or counseling to 

Plaintiff within the last ten years, regardless of whether such medical 

care, mental health services or counseling was directly related to the 

occurrence in question. 

11. Identify each person, business, governmental agency, charitable 

organization or insurer who has paid, or is responsible for paying, any 

of the medical expenses incurred by any plaintiff as a result of the 

occurrence in question, and state the amount paid by each such payor. 

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In the event that medical care or services were provided to you 

without charge, you may so state, estimating the value thereof, and 

identifying the provider of such free services. 

12. In your Complaint, you allege that the exercise product in question 

was negligently designed. Please state, with particularity, each and 

every design defect that you allege exists with regard to the exercise 

product, including in your answer, with specificity, the manner in 

which the exercise product in question is alleged to have been 

negligently designed, and the means by which such alleged defect 

should have been identified and corrected by any defendant. 

13. Describe specifically the facts upon which you base your claim for 

punitive damages against this defendant. 

14. If you or your attorney have obtained any written or verbal 

representations, statements, affidavits, discovery responses, deposition 

or trial testimony from any employee, officer, director, or 

representative of any defendant, or any person retained as an expert 

witness by any defendant, please describe the substance of each and 

every such representation, statement, affidavit, discovery response, or 

testimony, and state the name, address, and telephone number of each 

employee, representative or expert of any defendant who made any 

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such statement. In the alternative, you may produce a copy of each 

such statement. 

15. If you have ever been a party or witness in a legal action, either civil 

or criminal, at any time in the past, please state the date the action was 

filed (or date of arrest), the court, city, and state where the action was 

filed, the name of each and every party to such action, the name of 

each and every attorney who represented any party in any action, the 

nature of the claim involved in such action, or any description of the 

charges in the case of criminal actions, the final disposition of any 

such civil action, including any amount of money recovered as a result 

of any such civil action, and including any sentence or other 

disposition imposed as a result of any such criminal action. 

16. Describe in detail any experience that plaintiff has had in using 

exercise equipment of any type, including the exercise product in 

question, either before or after the occurrence in question. Your 

answer should include a description of the experience that you have 

had; state the number or frequency of such past experiences; and 

describe the type of exercise equipment involved. 

17. State the extent to which you had ever read or reviewed any portion of 

the owners manual or other written information concerning the 

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exercise product in question prior to the occurrence in question. Your 

answer should include a description of the specific portions of such 

materials that you reviewed, if any. 

18. Identify each person who claims to have seen or heard any part of the 

occurrence in question, or who was present at the scene of the 

occurrence during the 24 hour period immediately following the 

occurrence. 

19. Describe and identify the current custodian of any artifacts that have 

been retained or preserved following the occurrence in question, 

including the exercise product in question, any parts or components 

thereof, articles of clothing or footwear worn by Plaintiff at the time 

of her injury, medical supplies or appliances, or any other such 

relevant physical evidence preserved from the scene of the occurrence 

in question, or from the product or persons involved. 

20. Identify each person whom you expect to call as an expert witness at 

trial, and for each state the following: 

 (a) The general nature of the subject matter on which the expert is 

expected to testify. 

 (b) The facts and opinions to which the expert is expected to 

testify. 

 (c) State a summary of the grounds for each opinion. 

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 (d) The date(s) on which said expert arrived at his or her respective 

opinions or conclusions. 

 (e) Whether said expert is undertaking further investigation, 

analysis or research in regard to this case at the time these 

Interrogatories are answered, and if so, describe same. 

 (f) Whether said expert anticipates any further work, investigation, 

analysis or research in regard to this case before trial. 

21. When were you last employed and by whom? 

22. What is your reason for leaving that employment? 

 /s/ Dennis R. Bailey

 Dennis R. Bailey 

 Attorney for Defendant 

 Extreme Performance 

Of counsel: 

RUSHTON, STAKELY, JOHNSTON & GARRETT, P.A. 

184 Commerce Street 

Post Office Box 270 

Montgomery, Alabama 36101-0270 

(334) 206-3234 (phone) 

(334) 481-0031 (fax) 

drb@rsjg.com (e-mail) 

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CERTIFICATE OF SERVICE

 I hereby certify that I have filed the foregoing pleading through the ECMF 

system on this the 20th day of November, 2006, which will forward same to: 

 Jock M. Smith 

 Brian P. Strength 

 Valerie Rucker Russell 

 Cochran, Cherry, Givens, Smith, Lane & Taylor 

 Post Office Box 830419 

 Tuskegee, Alabama 36083 

 John E. Earnhardt 

 Robert Fowlkes 

 Maynard, Cooper & Gale 

 1901 Sixth Avenue North 

 2400 AmSouth/Harbert Plaza 

 Birmingham, Alabama 35203-2602 

 /s/ Dennis R. Bailey

 Of counsel 

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