Demar v. Chicago White Sox, Ltd., The et al

Filing 45

1st Set of Requests for Admission of Fact by Superior Air-Ground Ambulance Service, Inc. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E)(Brady, Brigitte)

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26847. OOD6S8/klm/Document #: 71837

Firm Id. 412

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION
ROBERT DEMAR,
Plaintiff,
)
)

v.

THE CHICAGO WHITE SOX, LTD., CHISOX CORPORATION, a corporation, AT YOUR SERVICE, INC., a corporation, AT YOUR SERVICE, L.L.c., SDI SECURITY, INC., a corporation, SUPERIOR AIR-GROUND AMBULANCE SERVICE, INC., a corporation, and OTHER UNKNOWN DEFENDANTS.
Defendants.

) ) ) ) ) ) ) ) )
) ) )

05 C 5093
Judge Der- Y eghiayan

Magistrate Judge Levin

) ) ) )

DEFENDANT'S FIRST SET OF REQUESTS FOR ADMISSION OF FACT
PLEASE TAKE NOTICE that you are required, pursuant to Fed. R. Civ. P. 36, to serve

upon the undersigned within thirty (30) days after service of this notice, Plaintiffs responses to
the following Requests for Admission:

REQUESTS FOR ADMISSIONS

REQUEST FOR ADMISSION NO.1:
Admit that on September 7, 2003, Plaintiff, Robert DeMar, attended a baseball game at
US Cellular Field, a baseball park located at 333 West 35th Street, in the City of

Chicago, County

of Cook, State of Ilinois, (hereinafter "US Cellular Field").

RESPONSE:

REQUEST FOR ADMISSION NO.2:

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Admit that Plaintiff, Robert DeMar, remained at US Cellular Field on September 7,2003 until the end of the baseball game.

RESPONSE:

REQUEST FOR ADMISSION NO.3:
Admit that after the baseball game had concluded at US Cellular Field on September 7, 2003, Plaintiff, Robert DeMar, witnessed patrons of US Cellular Field begin to get up from their seats and exit the ballpark.

RESPONSE:

REQUEST FOR ADMISSION NO.4:
Admit that after the baseball game had concluded at US Cellular Field on September 7, 2003, Plaintiff, Robert DeMar, witnessed patrons of US Cellular Field exit their seats in the
ballpark and elected to remain seated in his seat until most patrons had left their seats.

RESPONSE:

REQUEST FOR ADMISSION NO.5:
Admit that after the baseball game had concluded at US Cellular Field on September 7, 2003, Plaintiff remained in his seat until security offcers asked Plaintiff, Robert DeMar, to get up from his seat in the ballpark and to exit US Cellular Field.

RESPONSE:

REQUEST FOR ADMISSION NO.6:
Admit that on September 7, 2003, afer Plaintiff, Robert DeMar, was asked by security officers to get up ITom his seat in the ballpark and to exit US Cellular Field, that Plaintiff, Robert DeMar, refused to get up from his seat, refused to exit US Cellular Field and he was physically capable of getting up and leaving without help.
RESPONSE:

REQUEST FOR ADMISSION NO.7:

Admit that on September 7, 2003, afer being asked by security officers to exit US
Cellular Field, that Plaintiff~ Robert DeMar, refused to get up ITom his seat at US Cellular Field, and was subsequently removed ITom his seat at US Cellular Field by said security officers.

RESPONSE:

REQUEST FOR ADMISSION NO.8:

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Admit that on September 7, 2003, after being removed ITom his seat at US Cellular Field by said security offcers, Plaintiff, Robert DeMar, was transported via gurney by the apparent Superior Air-Ground Ambulance Service, Inc. to the Nurses' Station agents and/or employees of
at US Cellular Field.

RESPONSE:

REQUEST FOR ADMISSION NO.9:
Admit that on September 7, 2003, after Plaintiff, Robert DeMar, was transported into the
Nurses' Station at US Cellular Field by the apparent agents and/or employees of Superior Air-

Ground Ambulance Service, Inc., that Plaintiff, Robeit DeMar, voluntarily extended one of his fingers so that his blood could be tested.

RESPONSE:

REQUEST FOR ADMISSION NO. 10:

Admit that on September 7, 2003, Plaintiff, Robert DeMar, was not restrained by any
person while inside the Nurses' Station at US Cellular Field.

RESPONSE:

REQUEST FOR ADMISSION NO. 11:

Admit that on September 7, 2003, Plaintiff, Robert DeMar, was inside the Nurses'
Station at US Cellular Field and when asked by agents and/or employees of Superior Air-Ground Ambulance Service, Inc. the year and date, Plaintiff, Robert DeMar, responded that the year was 1347 and that the month was July.

RESPONSE:

REQUEST FOR ADMISSION NO. 12:
Admit that on September 7, 2003, after exiting the Nurses' Station as US Cellular Field, Plaintiff, Robert DeMar, was transported via gurney by the apparent agents and/or employees of Superior Air-Ground Ambulance Service, Inc. to an ambulance operated by the apparent agents and/or employees Superior Air-Ground Ambulance Service, Inc.

RESPONSE:

REQUEST FOR ADMISSION NO. 13:
Admit that on September 7, 2003, Plaintiff, Robert DeMar, was placed into the back of
an ambulance operated by the apparent agents and/or employees of Superior Air-Ground Ambulance Service, Inc. and transported to Mercy Hospital, located at 2525 S. Michigan Avenue, Chicago, Ilinois 606 i 6, (hereinafter "Mercy Hospital").

RESPONSE:
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REQUEST FOR ADMISSION NO. 14:
Admit that during the transport of Plaintiff, Robert DeMar, ITom US Cellular Field to

Mercy Hospital on September 7, 2003, Plaitiff, Robert DeMar, refused to answer any and all questions posed by said apparent agents and/or employees of Superior Air-Ground Ambulance
Service, Inc.

RESPONSE:

REQUEST FOR ADMISSION NO. 15:
Admit that during the transport of PlaintitI, Robert DeMar, ITom US Cellular Field to

Mercy Hospital on September 7, 2003, that Superior Air-Ground Ambulance Servce, Inc.'s apparent agents and/or employees provided non-emergency medical care and/or non-emergency medical services to the Plaintiff in the form of monitoring the Plaintiffs blood pressure, pulse
and respiration levels by administering a Glasgow Coma test.

RESPONSE:

REQUEST FOR ADMISSION NO. 16:
Admit that during the transport of Plaintiff, Robert DeMar, from US Cellular Field to Mercy Hospital on September 7, 2003, that Superior Air-Ground Ambulance Service, Inc.'s apparent agents and/or employees provided non-emergency medical care and/or non-emergency medical services to the Plaintiff in good faith.

RESPONSE:
REQUEST FOR ADMISSION NO. 17:

Admit that during the transport of Plaintiff, Robert DeMar, from US Cellular Field to Mercy Hospital on September 7, 2003, that Plaintiff, Robcrt DeMar, did not refuse any of the
non-emergency medical care and/or non-emergency medical services administered by Superior

Air-Ground Ambulance Service, Inc.'s apparent agents and/or employees.

RESPONSE:

REQUEST FOR ADMISSION NO. 18:

Admit that any touching of the Plaintiff s body by Superior Air-Ground Ambulance
Service, Inc.'s apparent agents and/or employees during the transport ITom US Cellular Field to Mercy Hospital on September 7,2003 was not offensive.

RESPONSE:

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REQUEST FOR ADMISSION NO. 19:

Admit that any touching of the Plaintiff s body by Superior Air-Ground Ambulance
Service, Inc.'s apparent agents and/or employees during the transport from US Cellular Field to Mercy Hospital on September 7, 2003 was not harmfuL.

RESPONSE:

REQUEST FOR ADMISSION NO. 20:
Admit that the records attached as "Exhibit A" are true and accurate copies of the original records of Superior Air-Ground Ambulance Scrvice, Inc. pertaining to Superior's transport of Plaintiff, Robert DeMar, on September 7, 2003.

RESPONSE:
REQUEST FOR ADMISSION NO. 21:

Admit that the records attached as "Exhibit A" were made in the regular course of
Superior Air-Ground Ambulance Service, Inc.'s business and the regular course of Superior AirGround Ambulance Service, Inc.'s business was to make such records at the time of

the incident

in question or within a reasonable time thereafter.

RESPONSE:

REQUEST FOR ADMISSION NO. 22:

Admit that Plaintiff, Robert DeMar, declined medical treatment at Mercy Hospital on
September 7,2003.

RESPONSE:

REQUEST FOR ADMISSION NO. 23:
Admit that Plaintiff, Robert DeMar, voluntarily left the premises of Mercy Hospital on
September 7, 2003.

RESPONSE:

REQUEST FOR ADMISSION NO. 24:
Admit that after leaving Mercy Hospital on September 7, 2003, Plaintiff, Robert DeMar, walked ITom Mercy Hospital to US Cellular Field, voluntarily, and did not call anyone for help or ask anyone for help in retrieving his vehicle ITom US Cellular Field.

RESPONSE:

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REQUEST FOR ADMISSION NO. 25:
Admit that Plaintiff, Robert DeMar, did not sustain any physical injuries as a result of the incident of September 7,2003, as alleged in Plaintiffs First Amended Complaint at Law.

RESPONSE:

REQUEST FOR ADMISSION NO. 26:
Admit that after Plaintiff, Robert DeMar, voluntarily left Mercy Hospital on September 7,
2003, Plaintiff did not seek any medical treatment as a result of the suffering and emotional

distress he claims to have sustained ITom the incident of September 7, 2003, as alleged in Plaintiffs First Amended Complaint at Law.

RESPONSE:

REQUEST FOR ADMISSION NO. 27:
Admit that after Plaintiff, Robert DeMar, voluntarily left Mercy Hospital on September 7, the suffering and emotional 2003, Piaintitl did not seek any psychological treatment as a result of distress he claims to have sustained ITom the incident of September 7, 2003, as alleged in Plaintiffs First Amended Complaint at Law.

RESPONSE:

REQUEST FOR ADMISSION NO. 28:
Admit that after Plaintiff, Robert DeMar, voluntarily left Mercy Hospital on September 7, 2003, Plaintiff did not seek any psychiatric treatment as a result of the suffering and emotional

distress he claims to have sustained from the incident of September 7, 2003, as alleged in
Plaintiffs First Amended Complaint at Law.

RESPONSE:

REQUEST FOR ADMISSION NO. 29:

Admit that Plaintiff, Robert DeMar, did not sustain any damages as a result of the
incident of

September 7,2003, as alleged in Plaintiffs First Amended Complaint at Law.

RESPONSE:

REQUEST FOR ADMISSION NO. 30:

Admit that Plaintiff, Robert DeMar, did not sustain a loss of income as a result of the
incident of September 7, 2003, as alleged in Plaintiff s First Amended Complaint at Law.

RESPONSE:
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REQUEST FOR ADMISSION NO. 31:
Admit that Plaintiff, Robert DeMar, did not sustain a loss of business opportunity as a result of the incident of September 7, 2003, as alleged in Plaintiff s First Amended Complaint at
Law.

RESPONSE:

REQUEST FOR ADMISSION NO. 32:
Admit that the alleged conduct of Superior Air-Ground Ambulance Service, Inc.'s apparent agents and/or employees on September 7,2003, as alleged in Plaintiffs First Amended Complaint at Law, did not proximately cause the Plaintiffs alleged injuries.

RESPONSE: REQUEST FOR ADMISSION NO. 33:
Admit that alleged conduct of Superior Air-Ground Ambulance Service, Inc.'s apparent
agents and/or employees on September 7, 2003, as alleged in Plaintiffs First Amended

Complaint at Law, did not proximately cause the Plaintiffs alleged damages.

RESPONSE:

REQUEST FOR ADMISSION NO. 34:
Admit that Plaintiff: Robert DeMar, has no medical report from a licensed medical doctor stating that Plaintiff s claimed suffering and emotional distress is a result of the conduct of Superior Air-Ground Ambulance Service, Inc.'s apparent agents and/or employees on September
7,2003, as alleged in Plaintiffs First Amended Complaint at Law.

RESPONSE:

REQUEST FOR ADMISSION NO. 35:
Admit that Plaintiff, Robert DeMar, has no report from a licensed psychologist stating that Plaintiff s claimed suffering and emotional distress is a result of the conduct of Superior AirGround Ambulance Service, Inc.'s apparent agents and/or employees on September 7, 2003, as alleged in Plaintiffs First Amended Complaint at Law.
RESPONSE:

REQUEST FOR ADMISSION NO. 36:

Admit that Plaintiff~ Robert DeMar, has no report ITom a licensed psychiatrist
establishing that Plaintiff s claimed suffering and emotional distress is a result of the conduct of Superior Air-Ground Ambulance Service, Inc.'s apparent agents and/or employees on September
7,2003, as alleged in Plaintiffs First Amended Complaint at Law.

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RESPONSE:

REQUEST FOR ADMISSION NO. 37:
Admit that Plaintiff, Robert DeMar, sent a letter to Superior Air-Ground Ambulance

Service, Inc., subsequent to the occurrence complained uf in Plaintiffs First Amended
Complaint at Law.

RESPONSE:

REQUEST FOR ADMISSION NO. 38:
Admit that the letter attached as "Exhibit B" is a tre and accurate copy of the letter that Plaintiff, Robert DeMar, sent to Superior Air-Ground Ambulance Service, Inc. subsequent to the in Plaintiffs First Amended Complaint at Law. occurrence complained of
RESPONSE:

REQUEST FOR ADMISSION NO. 39:

Admit that Plaintiff, Robert DeMar, states in "Exhibit B" that on September 7, 2003,
securty personnel at US Cellular Field asked him to leave the ballpark and he refused.

RESPONSE:

REQUEST FOR ADMISSION NO. 40:
Admit that the alleged conduct of the apparent agents and/or employees of Superior AirGround Ambulance Service, Inc., as contained in the allegations in Plaintiffs First Amended
Complaint at Law, did not proximately cause any of

the Plaintiffs alleged injuries.

RESPONSE:

REQUEST FOR ADMISSION NO. 41:

Admit that alleged conduct of the apparent agents and/or employees of Superior Air-

Ground Ambulance Service, Inc., as contained in the allegations in Plaintiffs Amended
Complaint at Law, did not proximately cause any of

the Plaintiffs alleged damages.

RESPONSE:

REQUEST FOR ADMISSION NO. 42:
Admit that on and before September 7, 2003, Plaintiff, Robert DeMar, suffered from chronic hypertension.

RESPONSE:

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REQUEST FOR ADMISSION NO. 43:
Admit that on and before September 7, 2003, Plaintiff, Robert DeMar, suffered from arthritis.

RESPONSE:

REQUEST FOR ADMISSION NO. 44:
Admit that on and before September 7, 2003, Plaintiff, Robert DeMar, suffered from post-polio paralysis.

RESPONSE:

REQUEST FOR ADMISSION NO. 45:
Admit that Plaintiff, Robert DeMar, sent a five (5) page letter to the Chicago White Sox, Tom Collins, dated September 4,2003. to the attention of

RESPONSE:

REQUEST FOR ADMISSION NO. 46:

Admit that the letter attached as "Exhibit C" to the Chicago White Sox, attention Tom Collins, dated September 4, 2003, is a true and accurate copy of the letter that Plaintiff, Robert DeMar, sent to the Chicago White Sox.
RESPONSE:

REQUEST FOR ADMISSION NO. 47:
Admit that Plaintiff, Robert DeMar, states in "Exhibit Coo that the Chicago White Sox owe him a refund check in the amount of $84.00 for events that took place at US Cellular Field on August 9th and August 10th,

RESPONSE:

REQUEST FOR ADMISSION NO. 48:

Admit that Plaintiff, Robert DeMar, states in "Exhibit C" that the Chicago White Sox
employees, along with the Police, refused Plaintiff entry to the ballpark.

RESPONSE:

REQUEST FOR ADMISSION NO. 49:

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Admit that Plaintiff, Robert DeMar, states in "Exhibit COO that Plaintiff

wil fuuther pursue

unless the Chicago White Sox relent.

RESPONSE:

REQUEST FOR ADMISSION NO. 50:
Admit that the Plaintiff, Robert DeMar, sent a letter to the Chicago White Sox, 333 W. 35th Street, Chicago, Ilinois 60616, dated June 30, 2003, attached as "Exhibit D."

RESPONSE: REQUEST FOR ADMISSION NO. 51:
Admit that the letter attached as "Exhibit D", dated June 30, 2003, is a true and accurate copy of the letter that Plaintiff, Robert DeMar, sent to the Chicago White Sox, 333 W. 35th Street, Chicago, Ilinois 60616.

RESPONSE:
REQUEST FOR ADMISSION NO. 52:
Admit that Plaintiff, Robert DeMar, states in "Exhibit D" that Plaintiff "has developed a severe hostility- that is you used all the handicapped parking spaces for some other group".

RESPONSE:
REQUEST FOR ADMISSION NO. 53:
Admit that Plaintiff, Robert DeMar, states in "Exhibit D" that "Handicapped access is a legal requirement which the law requires. My intention is to get you to obey the law. I am going

to check at All Star time and wil have a season ticket for the next several years. I am still thinking but wil do something. For example, you think people should not ru on the field. What if I go out there with a sign that says "there are criminals in the management-why am I accused and not them?" To me that is free speech. I will contact both newspapers in Chicago
and some tv and radio stations. I wil call the Feds-handicapped enforcement section."

RESPONSE:
REQUEST FOR ADMISSION NO. 54:

Admit that Plaintiff, Robert DeMar, states in "Exhibit D" that "I'll bet I can embarass you but if I can't use handicapped parking during the All Star Game I wil attempt to get all of you arrested."
RESPONSE:

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REQUEST FOR ADMISSION NO. 55:
Admit that the DVD footage attached as "Exhibit E" is a true and accurate copy of the the Plaintiff, Robert DeMar, at US Cellular Field on September 7,
the Chicago White Sox, Ltd.

original DVD footage taken of

2003, by agents and/or employees of

RESPONSE:
REQUEST FOR ADMISSION NO. 56:
Admit that the DVD footage attached as "Exhibit E" was made in the regular course of
the Chicago White Sox, Ltd.' s business and the regular course of the Chicago White Sox, Ltd.' s

business was to make such DVD footage at the time of the incident in question or within a
reasonable time thereafter.

RESPONSE:

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Certification
Under penalty of perjury, I certify that the statements set forth in this instruent
are true and correct, except as to matters herein stated to be on information and belief and as to such matters I certify that I verily believe the same to be true.

Robert DeMar

Mattew T. Marell

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Respectfully Submitted,

Wiliams Montgomery & J01m Ltd.

By: Is/Summer E. HeiL Attorney
Attorneys for Superior Air-Ground Ambulance Service, Inc.

JeffTey H. Lipe Summer E. Heil Brigitte C. Weyls

WILLIAMS MONTGOMERY & JOHN LTD. Attorneys for Superior Air-Ground Ambulance 20 North Wacker Drive, Suite 2100 Chicago, IL 60606-3094 312-443-3216
Fax: [phone]

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