General Discussion

I am looking for an appropriate and strategic response to Plaintiff's following interrogatory:

"State in detail what intoxicating beverages, if any, you had consumed and what drugs or medications, if any, you had taken during the 24-hour period immediately preceding the collision."

This involves a collision between an SUV and a small 4 door sedan.  The Plaintiff is the driver of the SUV and Defendant was driving the sedan.  The Plaintiff claims injuries but the Defendant had none.   

The defendant is an older woman, approximately 75, who does not drink alcohol but may or may not have been on medication(s) for high blood pressure or arthritis (for example) BUT NOT on any type of medication that would affect her driving ability.

Please keep in mind that the Defendant's answers can/will be supplemented.

My immediate response is to obtain and list every single med the Defendant had a prescription for but the collision was 1.5 years ago and with the passage of time. . . . .  But I'm wandering what the most strategic response might be. 

Any ideas are appreciated.  Thanks!

Patty

I would list what you know she was taking and add the statement that a list of all medications prescribed at the time of the collision has been requested and your response will be supplemented.  Then, get an authorization from your client and ask her where she ggot her prescriptions filled back then. Either request the RX history yourself using the authorization or use one of CAPA's finest sustaining members.