DOE defendants who committed assault and battery on Plaintiff not yet identified. Sued bar and hotel where the assault occurred.

Asked over 1 year ago - San Clemente, CA

Working on interrogatories . Should i just send a first set asking the hotel to identify the bouncers and then when I receive those answers send togs to the identified bouncers on the specifics of the event ? I assume I cannot ask the DOE bouncers to answer questions yet , right ?

Additional information

I guess I misstated my question. In the interrogatories to the bar and hotel, I intend to ask questions about the DOE bouncers, i.e. if they have prior history of assault, arrests, etc. What I was unsure about is whether I could ask the bar and hotel questions specific to the DOE bouncers, like whether the bouncers engaged in an argument with Plaintiff; whether bouncers struck Plaintiff; etc.

Attorney answers (5)

  1. Sean Michael Patrick

    Contributor Level 16

    8

    Lawyers agree

    Answered . This is a great reason you should retain a personal injury attorney. But yes, its impossible to have a doe defendant answer anything since you have not identified them. You have to sub the identified parties in before propounding discovery for them to answer.

    I am licensed in California, therefore, my answers are based on general prinicpals of law or California law, which... more
  2. Nicholas Milan Loncar

    Pro

    Contributor Level 17

    4

    Lawyers agree

    Answered . This is not a question for a criminal attorney. I have taken the liberty of editing the practice area for you. I hope you get the answers you're looking for.

  3. Michael Lewis Eisner

    Contributor Level 11

    5

    Lawyers agree

    Answered . I would strongly encourage you to hire a lawyer who handles cases involving inadequate security. While people have the right to handle cases pro se (on their own), it is not always the best thing to do, and most Courts require non-lawyers acting on their own behalf to follow the same rules of procedure and evidence as lawyers. Assuming you are asking about John Doe Defendants, you need to identify them, and join them in the suit individually before you can serve discovery on them. Good luck.

  4. Matthew William Clark

    Contributor Level 5

    2

    Lawyers agree

    1

    Answered . You would likely be best served by having the bar/hotel identify any and all individuals involved with (or even working on) the night of the incident. You could then, by way of a DOE amendment, DOE in the individuals responsible. It may be difficult to get an accurate response from the bar/hotel at this point if you are merely referring to the actions of unnamed DOE defendants. Also, the questions about whether the bouncers engaged in an argument with the plaintiff or struck the plaintiff are likely best saved for after you have precisely identified the bouncers, and DOE'ed them into your case; you could then use those questions as part of your requests for admission to both the bouncers and the bar/hotel.

    This answer is provided for informational purposes only. It does not constitute legal advice, nor does it form an... more
  5. Christian K. Lassen II

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . Trying to resolve a personal injury case without a lawyer is silly, as you will most likely sabotage your good claim. Is that a good idea really? You would need to retain a personal injury lawyer to investigate. Find a lawyer with a low contingency fee, less than 30%, so you get the lion’s share of the settlement, not your lawyer. Thus, don’t get hurt twice by paying a huge fee. Good luck.

    Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com

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