BERNADETTE S. STYLIADES* LAW OFFICES OF MARIO C.

COLITTI*w
LEWIS K. JACKSON THOMAS E. MILLERww
ANDRES VEGA**
ROBERT McGRATH
STYLIADES and JACKSON ROBERT M. GILBERT
MARIA GUERRA
DENISE FOLIO TUNNEY* Not a Partnership DONNA J. SOVA
SEAN D. CASCIO* JOSEPH C. PUZZO
BERTRAND C. HARRY, LL.M. * WILLIAM L. BRACAGLIA
DOMINICK FIORELLO Employees of Liberty Mutual Group DANIEL KAYE**
JOHN J. MASTRONARDI* MICHAEL J. PALMA ++
G. SAMUEL HOFFMAN* EMILY S. BARNETT**
MICHAEL R. BUSTARD* LYNN HERSHKOVITS-GOLDBERG
SUNGKYU S. LEE*** 9000 MIDLANTIC DRIVE, SUITE 105 PATRICIA R. LYONS
JENNIFER L. DRYER* CHRISTOPHER M. KOLB**
MADHUMITA DEY* MOUNT LAUREL, NJ 08054 NICOLE L. HOLLINGSWORTH****
JULIE H. ROBINSON* MICHAEL A. ROTER **
JOANNA M. INGLESSIS JILL L. ASH **
CATHERINE A. SCHMUTZ*
Telephone (856) 596-7778 CLIFFORD J. GIANTONIO
DOUGLAS J. NOSKO* MARY CHEN**
TONI M. GHEEN* FAX (866) 772-9418 ERIK M. ORTEGA**
LAURA M. GIFFORD* LISA R. MARSHALL**
QUEEN N. STEWART Worker’s Comp. Dept. FAX (603) 334-7199 HILLARY C. KRUGER
ROMA M. PATEL* KATHY A. KENNEDY
ADA SACHTER GALLICCHIO* WILLIAM F. SWEENEY*
MOIRA T. DILLAWAY**
*ADMITTED NJ & PA GRACE ROBOL-CHMIELARZ
**ADMITTED NJ & NY LISA R. OROPOLLO
*** ADMITTED NJ, PA & NY AYANNA Y. KELLAR**
****ADMITTED NJ, NY & DC JASON B. LEVOY**
wCERTIFIED BY THE SUPREME COURT OF BRITTANY S. HALE
NEW JERSEY AS A CIVIL TRIAL ATTORNEY KIM L. MICHAELS*
ww CERTIFIED BY THE SUPREME COURT OF PAULA STEFANOU
NEW JERSEY AS A WORKERS’ COMPENSATION
ATTORNEY
++ADMITTED NJ, NY, PA & CERTIFIED BY
THE SUPREME COURT OF NJ AS A CIVIL
TRIAL ATTORNEY

March 26, 2018

Tomasz Kyrda
404 W Blancke St
Linden, NJ 07036-5050
Sent via E-mail: tomkyr@me.com
RE: POSADA-FRANCO vs. KYRDA, et al.
Docket Number: UNN-L-4501-17
Our File Number: LA359-035758948-0003
Dear Mr. Kyrda:
As you know, Liberty Mutual has asked this office to represent you in
the above-captioned case. Enclosed please find a draft copy of the Answers
of Defendant, Tomasz Kyrda, to Plaintiff's Interrogatories in this matter.
I have gone through this series of questions and answered them to the
best of my ability, based on the information contained in my file. Please
review these answers and make any changes which you feel are necessary.
In addition, please provide answers for those questions that are blank. If
you do not know an answer or the answer is not applicable, kindly state so.
If additional space is required, please use the extra page provided.
Please sign and date the last page of the Interrogatory under the
heading entitled "Certification" where indicated by your name. Please
return the completed Interrogatories to this office no later than
04/13/2018.

In addition, we have been asked to produce any insurance policies

that may provide excess coverage in relation to the automobile accident.
This would include any homeowners, watercraft, disaster, or similar types of
insurance coverage that may supply excess or umbrella policy coverage in
this matter. If on the date of the incident you had coverage, please supply
the insurance carrier and policy number to our office by fax or phone. If
you did not have such coverage, please complete the attached affidavit of no
excess insurance stating such and return it to our office.
Should you have any concerns or care to discuss this matter please do
not hesitate to contact my paralegal, Evan S. Tegtmeier at 413-263-0099.
Thank you for your anticipated cooperation.
Very truly yours,
G. Samuel
/s/

Hoffman
G. Samuel Hoffman, Esq.
g.samuel.hoffman@libertymutual.c
om
GSH/pck
Enc.
**Please provide a phone number where you can be reached during the
day.**
HOME PHONE # CELL #
WORK #
E-MAIL ADDRESS
FORM C- UNIFORM INTERROGATORIES TO BE ANSWERED BY
DEFENDANT

RE: POSADA-FRANCO vs. KYRDA, et al.

DOCKET NO: UNN-L-4501-17
OUR FILE NO: LA359-035758948-0003

1. State: (a) the full name and residence address of each defendant; (b) if
a corporation, the exact corporate name; and (c) if a partnership, the exact
partnership name and the full name and residence of each partner.

Tomasz Kyrda
404 W Blancke St
Linden, NJ 07036-5050

2. Describe in detail your version of the accident or occurrence setting

forth the date, location, time and weather.

Answering Defendant was not present at the time of this

accident and, therefore, has no personal knowledge regarding same.

3. If you intend to set up or plead or have set up or pleaded negligence

or any other separate defense as to the plaintiff or if you have or intend to
set up a counterclaim, cross-claim or third party action, (a) state the facts
upon which you intent to predicate such defenses, counterclaim, cross-claim
or third party action, and (b) identify a copy of every document relating to
such facts.

Upon advice of counsel: Separate defenses are interposed to

encompass all factual situations in discovery which is not yet
complete. In addition, plaintiff and/or co-defendant(s) may have
failed to make reasonable observations for his own safety and well-
being; he may have failed to keep proper and attentive look-out to
the circumstances then prevailing; he may have failed to conduct
himself reasonably under the circumstances; he may have acted in
other ways which caused or contributed to the happening of the
incident. Defendant reserves the right to supplement this response
and will rely upon discovery to date and further investigation,
discovery, and testimony at trial.

4. State the names and addresses of all persons who have knowledge of
any relevant facts relating to the case.

Upon advice of counsel: All parties to this action; any and all
members of Plaintiff's family, friends, neighbors and co-employees
who may have knowledge of Plaintiff's condition prior to or
subsequent to the accident in question; any and all persons named
in any police and/or accident/incident reports; any and all treating or
examining physicians or hospitals; any and all investigating
personnel; all persons named in answers to interrogatories,
depositions, or other forms of discovery; and all persons discovered
by Defendant's continuing investigation.
5. State (a) the name and address of any person who has made a
statement regarding this lawsuit; (b) whether the statement was oral or in
writing (c) the date the statement was made (d) the name and address of
the person to whom the statement was made, (e) the name and address of
each person present when the statement was made; and (f) the name and
address of each person who had knowledge of the statement. Unless
subject to a claim of privilege, which must be in writing, (h) if the statement
was oral, state whether a recording was made and, if so, set forth the
nature of the recording and the name and address of the person who has
custody of it and (i) if the statement was oral and no recording was made,
provide a detailed summary of its contents.

None made to the knowledge of this Defendant. Upon the

advice of counsel, any statements, if they exist, are privileged under
the work product objection or were made or taken in anticipation of
litigation. Answering Defendant reserves the right to amend this
answer as discovery is ongoing.

SHOULD YOU HAVE ANY INFORMATION AS TO ANYONE WHO

MADE A STATEMENT RELEVANT TO THIS MATTER IN YOUR
POSSESSION PLEASE PROVIDE THE INFORMATION AS
REQUESTED.

______________________________________________________________________________
______________________________________________________________________________

6. If you claim that the plaintiff made any statements or admissions as to

the subject matter of this lawsuit, state: (a) the date made; (b) the name of
the person by whom made; (c) the name and address of the person to whom
made: (d) where made; (e) the name and address of each person present at
the time the admission was made (f) the contents of the admission, and (g) if
in writing attach a copy.

None at this time. This Defendant reserves the right to amend

this answer to interrogatory as discovery and investigation continue.

SHOULD YOU HAVE ANY INFORMATION AS TO ANYONE WHO

MADE A STATEMENT RELEVANT TO PLAINTIFF IN THIS MATTER
IN YOUR POSSESSION PLEASE PROVIDE THE INFORMATION AS
REQUESTED.

______________________________________________________________________________
______________________________________________________________________________
7. If you contend that the plaintiff's damages were caused or contributed
to by the negligence of any other person, set forth the name and address of
the other person and the facts upon which you will rely in establishing that
negligence.
 Upon advice of counsel: See pleadings and answers to
interrogatories. In addition, Answering Defendant will rely upon any
and all information revealed through answers to interrogatories,
depositions and any and all other forms of discovery. Defendant
reserves the right to amend this answer as discovery continues.

8. State the names and addresses of all eye witnesses to the accident or
occurrence, their relationship to you and their interest in this lawsuit.

Answering Defendant was not present at the time of this

accident and, therefore, has no personal knowledge regarding same.

9. If any photographs, videotapes, audio tapes or other forms of

electronic recording, sketches, reproductions, charts or maps were made
with respect to anything that is relevant to the subject matter of the
complaint, describe (a) the number of each; (b) what each shows or
contains; (c) the date taken or made; (d) the names and addresses of the
persons who made them; and (e) in who possession they are at present. (f) If
in your possession, attach a copy, or if not subject to convenient copying,
state the location where inspection and copying may take place.

SHOULD YOU HAVE ANY PHOTOGRAPHS RELEVANT TO THIS

MATTER IN YOUR POSSESSION PLEASE RETURN THEM WITH
YOUR RESPONSES TO THESE INTERROGATORIES.

______________________________________________________________________________

______________________________________________________________________________

a. Five
b. Location
c. March 12, 2018
d. Street Delivery, 44 Merrimac Street, Newburyport, MA 01950
e. Liberty Mutual Insurance Group, 399 Campus Drive, Somerset, NJ

a. Fourteen
b. Plaintiff’s Vehicle
c. July 10, 2017
d. Gregory Ullrich
e. Liberty Mutual Insurance Group, 399 Campus Drive, Somerset, NJ

a. Twenty-One
b. Defendant’s Vehicle
c. July 6, 2017
d. Gregory Ullrich
e. Liberty Mutual Insurance Group, 399 Campus Drive, Somerset, NJ

Defendant is not aware of any discoverable videotapes, audio tapes

or other forms of electronic recording, sketches, reproductions,
charts or maps that were made with respect to anything that is
relevant to the subject matter of the Complaint.

10. State the names and addresses of any and all proposed expert
witnesses. Set forth in detail the qualifications of each expert named and
attach a copy of each expert's current resume. Also attach true copies of all
written reports provided to you by any such proposed expert witnesses
With respect to all expert witnesses, including treating physicians, who are
expected to testify at trial, and with respect to any person who has
conducted an examination pursuant to Rule 4:29, state each such witness's
name, address, and area of expertise and attach a true copy of all written
reports provided to you. If a report is not written, supply a summary of any
oral report provided to you. State the subject matter on which your experts
are expected to testify. State the substance of the facts and opinions to
which your experts are expected to testify and provide a summary of the
factual grounds for each opinion.

Defendant has not, at this time, retained an expert. However,

Defendant reserves the right to do so, and will fulfill all the discovery
obligations mandated by the Court and Evidence Rules if and when
an expert is retained. Further, any experts' reports which are
attached as Exhibits to these Answers to Interrogatories, Notice to
Produce or as provided as supplements to answers to interrogatories
are not adopted by the Defendant as their own statements and shall
not be deemed as admissions pursuant to the case Skibinski v.
Smith, 206 N.J. Super. 349 (App. Div. 1985). Defendant's experts will
not be limited to the contents of their reports and may testify to
matters outside the contents of their reports.

11. If you contend or intend to contend at the time of trial that the
plaintiff sustained personal injuries in any prior or subsequent accident,
state (a) the date of said accident; (b) the injuries you contend that plaintiff
sustained (c) the parties involved in said accident; (d) the source from
which you obtained the information, and (e) attach a copy of any written
documents regarding this information.
 Upon advice of counsel: Unknown at the present time.
Defendant reserves the right to supplement this response and will
rely upon discovery to date and further investigation, discovery and
testimony at trial.

12. If you intend to rely on any statute, rule, regulation, or ordinance,

state the exact title and section.

Title 39 of New Jersey Statute and applicable motor vehicle

sections. Defendant reserves the right to supplement this response
and will rely upon discovery to date and further investigation,
discovery and testimony at trial.

13. Pursuant to R.4:10-2(b) state whether there are any insurance

agreements including excess policies under which any person or firm
carrying on an insurance business may be liable to satisfy part or all of a
judgment that may be entered in this action or to indemnify or reimburse
for payments made to satisfy the judgment. YES( X ) or NO ( ). If the
answer is YES attach a copy of each insurance agreement or policy or in the
alternative state (a) number; (b) name and address of insurer or issuer; (c)
inception and expiration dates; (d) names and addresses of all persons
insured thereunder; (e) personal injury limits; (f) property damage limits;
(g) medical payment limits; (h) name and address of person who has
custody and possession thereof; and (i) where and when each policy or
agreement can be inspected and copied.

See declarations page annexed hereto.

PLEASE PROVIDE POLICY COVERAGE INFORMATION, INCLUDING

ANY EXCESS COVERAGE OR UMBRELLA COVERAGE, IN EFFECT ON
THE DATE OF THIS INCIDENT:

______________________________________________________________________________
______________________________________________________________________________
14. Identify all documents that may relate to this action and attach copies
of each such document.

This Defendant is advised by counsel that the right is reserved

to answer this interrogatory upon completion of investigation and
discovery.

15. State whether you have ever been convicted of a crime YES( ) or NO
( ). If the answer is "YES", state: (a) date; (b) place; and (c) nature.

______________________________________________________________________________
______________________________________________________________________________
FORM C(1): UNIFORM INTERROGATORIES/AUTOMOBILE
ACCIDENT CASES

RE: POSADA-FRANCO vs. KYRDA, et al.

DOCKET NO: UNN-L-4501-17
OUR FILE NO: LA359-035758948-0003

1. With respect to the vehicle involved in the incident referred to in the

complaint:

Underline answer

(a) Do you admit ownership? Yes No

(b) Do you admit operation? Yes No
(c) Do you admit agency? Yes No
(d) Do you admit control? Yes No
(e) Do you admit the date and place? Yes No

2. If you do not admit ownership: (a) State the name and address of the
owner. (b) whether you were operating the motor vehicle with permission of
the owner; and (c) state the registration number, year, make, model and
color of each motor vehicle owned by you on the date of the collision as
alleged in the Complaint.

Not applicable.

3. If you do not admit operation, state the name and address of the
operator.
______________________________________________________________________________
______________________________________________________________________________

4. If you do not admit agency and the owner was not also the operator
explain the circumstances under which the vehicle came into the possession
of the operator, the purpose for which the vehicle was being used, and its
destination.

______________________________________________________________________________
______________________________________________________________________________

5. If you do not admit control: (a) state the name and address of the one
in control. (b) If control was in another by agreement, state the name and
addresses of the parties to the agreement, whether the agreement was oral
or written and, briefly, the terms of the agreement.

See answer to question #3 above.

6. If you do not admit the date and place of the collision as alleged in the
Complaint, state the date and place of the collision as you recall it.

Not applicable.
7. State whether your vehicle was licensed under an Interstate
Commerce Commission permit. YES ( ) or NO ( X). If the answer is "yes"
state: (a) the number of such permit; (b) the name and address of the
permittee; and (c) the name and address of the lessee or other person in
control if any.
(Note: The term "your vehicle" in this and other questions herein has
reference to the vehicle in which you were an occupant at the time of
the collision).

8. State on what street, highway, road or other place (designate which)

and in what general direction (north, south, east or west) your vehicle was
proceeding immediately prior to the collision. (You may include a sketch for
greater clarity).

Answering Defendant was not present at the time of this

accident and, therefore, has no personal knowledge regarding same.

9. With respect to fixed objects at the location of the collision state as

nearly as possible the point of impact. If you included a sketch, place an X
thereon to denote the point of impact.

(Note: The term "point of impact" as used in this and other questions
has reference to the exact point on the street, highway, road or other
place where the vehicles collided or where a pedestrian was struck).

Answering Defendant was not present at the time of this

accident and, therefore, has no personal knowledge regarding same.

10. State whether there were any traffic control devices, signs or police
officers at or near the place of the collision. If there were, describe them
(i.e.: traffic lights, stop sign, police officers, etc.) and state the exact
location of each.

Answering Defendant was not present at the time of this

accident and, therefore, has no personal knowledge regarding same.

11. If you contend that there was a malfunction of a motor vehicle or

equipment, state: a) make, model and year of the motor vehicle and (b) the
nature of the malfunction; (c) the date the motor vehicle was purchased and
the name and address of the person from whom the motor vehicle was
purchased (d) the date that portion of the motor vehicle in which the
malfunction occurred was last inspected and the name and address of the
person inspecting same (e) the last date prior to the accident that portion of
the motor vehicle was repaired or replaced, the nature and extent of the
repairs, the name and address of the person repairing or replacing same, (f)
if the motor vehicle was repaired after the accident, state the name and
address of the person repairing same and the nature of the repairs, and (g)
attach a copy of any repair bills.
 Not applicable.

12. If the collision occurred at an uncontrolled intersection, state: (a)

which vehicle entered the intersection first; (b) Whether your vehicle came
to a full stop before entering the intersection. (c) If your vehicle did not
come to a full stop before entering the intersection, state the speed of your
vehicle when it entered the intersection.

Answering Defendant was not present at the time of this

accident and, therefore, has no personal knowledge regarding same.

13. For each other vehicle or pedestrian collided with, state, at the time
you first observed the other vehicle or pedestrian, (a) your speed and (b) the
speed of the other vehicle of the movement, if any, of the pedestrian, and
the distance in feet between (c) the front or your vehicle and the point of
impact; (d) the front of the other vehicle or pedestrian and the point of
impact; and (e) the front of your vehicle and other vehicle or pedestrian.

Answering Defendant was not present at the time of this

accident and, therefore, has no personal knowledge regarding same.

14. State where each vehicle came to rest after the impact. Include the
distance in terms of feet from the point of impact to the point where each
vehicle came to rest.

Answering Defendant was not present at the time of this

accident and, therefore, has no personal knowledge regarding same.

15. For each other vehicle or pedestrian involved, state (a) which part of
your vehicle and (b) which part of the other vehicle or pedestrian cane into
contact.

Answering Defendant was not present at the time of this

accident and, therefore, has no personal knowledge regarding same.

16. State the following facts with respect to the collision (a) time; (b)
condition of weather; (c) condition of visibility and (d) condition of roadway.

Answering Defendant was not present at the time of this

accident and, therefore, has no personal knowledge regarding same.

17. State the names and addresses of all persons occupying your vehicle.

Answering Defendant was not present at the time of this

accident and, therefore, has no personal knowledge regarding same.

18. For each other vehicle or pedestrian involved, state whether you
observed the vehicle or pedestrian prior to the accident? YES ( ) or NO ( ).
If the answer is “yes”, set forth the time that elapsed from the time you first
saw the vehicle or pedestrian until the impact occurred.

Answering Defendant was not present at the time of this

accident and, therefore, has no personal knowledge regarding same.

19. At the time of the impact, state the speeds of all vehicles involved in
the collision.

Answering Defendant was not present at the time of this

accident and, therefore, has no personal knowledge regarding same.

20. Were you charged with a motor vehicle violation as a result of the
collision? YES ( ) or NO ( ). If the answer is YES state: (a) charge; (b) plea
and (c) disposition.

Not applicable.
RE: POSADA-FRANCO vs. KYRDA, et al.
Docket Number: UNN-L-4501-17
Our File Number: LA359-035758948-0003

CERTIFICATION

I hereby certify that the copies of the reports annexed hereto

rendered by either treating physicians or proposed expert witnesses are

exact copies of this entire report or reports rendered by them; that the

existence of other reports of said doctors or experts, either written or oral,

are unknown to me, and if such become available, I shall serve them

promptly on the propounding party.

Tomasz Kyrda

CERTIFICATION IN LIEU OF OATH OR AFFIDAVIT

I certify that the foregoing statements made by me are true. I am

aware that if any of the foregoing statements made by me are willfully false,

I am subject to punishment for contempt of court.

Tomasz Kyrda

Date:
USE THIS PAGE IF YOU REQUIRE ADDITIONAL SPACE:

RE: POSADA-FRANCO vs. KYRDA, et al.

DOCKET NO: UNN-L-4501-17
OUR FILE NO: LA359-035758948-0003

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Law Offices of Styliades and Jackson
BY: G. Samuel Hoffman, Esq.
Attorney ID: 034362006
9000 Midlantic Drive
Suite 105 - First Floor
Mount Laurel, NJ 08054
856-596-7778
Attorneys for Defendants, Tomas Kyrda and Michele Kyrda

Plaintiff: SUPERIOR COURT OF NEW

JUAN POSADA-FRANCO JERSEY
LAW DIVISION: UNION COUNTY
vs. DOCKET NO.: UNN-L-4501-17
*
Defendants: CIVIL ACTION
TOMASZ KYRDA, MICHELE KYRDA, *
JOHN DOE 1-X and JANE ROE 1-X, AFFIDAVIT OF NO EXCESS
said names being fictitious INSURANCE

1. I, Tomasz Kyrda, am the defendant in the above matter.

2. At the time of this accident on June 26, 2017 I did not have any
excess insurance over and above the policy I had with Liberty Mutual
Insurance Company.

3. At the time of this accident on June 26, 2017 I did not have any
umbrella policy over and above the policy I had with Liberty Mutual
Insurance Company.

I certify that the statements made by me are true. I understand that if

the statements made by me are willfully false, I am subject to punishment.

____________________________________
Tomasz Kyrda

DATED:
RE: POSADA-FRANCO vs. KYRDA, et al.
DOCKET NO: UNN-L-4501-17
OUR FILE NO: LA359-035758948-0003

REQUESTED INFORMATION

Insurance Carrier:

______________________________________________________

Insurance Policy Type:

______________________________________________________

Policy Number: ______________________________________________________

Coverage Dates: ______________________________________________________

Insurance Carrier:

______________________________________________________

Insurance Policy Type:

______________________________________________________

Policy Number: ______________________________________________________

Coverage Dates: ______________________________________________________

Insurance Carrier:

______________________________________________________

Insurance Policy Type:

______________________________________________________

Policy Number: ______________________________________________________

Coverage Dates: ______________________________________________________