10000003805

UNITED STATES BANKRUPTCY COURT
SOUTHERN DISTRICT OF NEW YORK

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In re:
INNKEEPERS USA TRUST, ET AL.,
Debtor
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Kathleen Devlin
Plaintiff
v.
KPA Leaseco II., Inc., et al
Defendant
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NOTICE OF MOTION
TO LIFT STAY
Case. No. 10-13800
(SCC)
NOTICE OF MOTION FOR RELIEF FROM STAY
PLEASE TAKE NOTICE, that upon the annexed affirmation of Sandra
Rachel Stanfield, duly affirmed September 17, 2010, and upon all the pleadings
and proceedings heretofore had herein, the undersigned will move this Court at
the Southern District of New York, One Bowling Green, New York, NY on the 30th
day of September, 2010 at 10:00 A.M., or as soon thereafter as counsel can be
heard for an Order pursuant to 11 U.S.C. Section 362(d) to lift the stay of a
certain proceeding against Innkeepers USA Trust and its subsidiaries KPA
Leaseco II, Inc. and Innkeepers Financing Partnership II, LP, including
Innkeepers Financial Corporation, Innkeepers USA Limited Partnership,
Innkeepers USA Trust, KPA Leaseco Holding, Inc., and KPA Leaseco, Inc.,
successors in interest of Innkeepers Financial Partnership II LP and KPA
Leaseco II, Inc., pending in the Superior Court of the State of Connecticut,
Judicial District of Hartford, under docket number HHD-CV-08-5021 046-S to the
extent of insurance coverage and for such other and further relief as this court
deems just and proper.
PLEASE TAKE FURTHER NOTICE, that answering affidavits, if any, are
to be served upon the undersigned within seven(?) days prior to the return date
of the within application.
Dated: HARTFORD, CT
September 17, 2010 BY /s/
Sandra Rachel Stanfield
Regnier, Taylor, Curran & Eddy
Attorneys for Plaintiff, Kathleen
Devlin
1 00 Pearl Street, 1oth Floor
Hartford, CT 06103
Tel. (860) 249-9121
Fax (860) 527-4343
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In re:
(SCC)
Debtor
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Kathleen Devlin
Plaintiff
v.
Defendant
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Case. No. 10-13800
Chapter 11
CERTIFICATE OF SERVICE
I hereby certify that on September 17, 2010 , a copy of the foregoing
Notice for Relief from Stay was filed electronically and served by mail on anyone
unable to accept electronic filing. Notice of this filing will be sent by email to all
parties by operation of the court's electronic filing system or by mail to anyone
unable to accept electronic filing as indicated on the Notice of Electronic filing.
The Honorable Shelley Chapman
United States Bankruptcy Court
Southern District of New York
One Bowling Green
New York, NY 1 0004
Stephanie Pillar, Esquire
Sharp, Shield & Smith
500 Enterprise Drive, Ste. 4B
Rocky Hill, CT 06067
Paul M. Basta, Esquire
Jennifer Marines, Esquire
Kirkland & Ellis, LLP
601 Lexington Avenue
New York, NY 10022-4611
Marc J. Carmel, Esquire
300 North LaSalle
Chicago, IL 60654-3406
Is!
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In re:
Debtor
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Kathleen Devlin
Plaintiff
v.
Defendant
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AFFIRMATION
Chapter 11
AFFIRMATION
Case No. 1 0-13800(SCC)
SANDRA RACHEL STANFIELD, an attorney admitted to practice in the
State of Connecticut and Pro Hac Vice in the instant bankruptcy suit, affirms the
truth of the following under the penalty of perjury:
1. I am a member of REGNIER, TAYLOR, CURRAN & EDDY,
attorneys for the plaintiff in the underlying action entitled Kathleen Devlin v. KPA
Leaseco II, Inc., et al, and as such I am fully familiar with the facts and
circumstances of this action based upon a review of the case file and the
investigation materials contained therein.
2. This affirmation is submitted in connection with Kathleen Devlin's
application for an Order to Lift the Stay imposed by the Court on the entitled
Kathleen Devlin v. KPA Leaseco II, Inc., et al, identified below to the extent of
insurance coverage.
3. I make this affirmation in support of the within Motion to Lift the
Automatic Stay concerning proceedings against Kathleen Devlin v. KPA Leaseco
II, Inc., et al pending in the Superior Court, Judicial District of Hartford, State of
Connecticut, bearing docket number HHD-CV-08-5021 046-S, to the extent of
Innkeepers USA Trust and its subsidiaries KPA Leaseco II, Inc. and Innkeepers
Financing Partnership II, LP, including Innkeepers Financial Corporation,
Innkeepers USA Limited Partnership, Innkeepers USA Trust, KPA Leaseco
Holding, Inc., and KPA Leaseco, Inc., successors in interest of Innkeepers
Financial Partnership II LP and KPA Leaseco II, Inc., Both Innkeepers Financing
Partnership II, LP and KPA Leasco II, Inc. are subsidiaries of Innkeepers USA
Trust and counsel for these two subsidiaries has represented that they are
implicated by the pending bankruptcy proceedings brought by Innkeepers USA
Trust.
4. A negligence action to recover damages for serious injuries
sustained by plaintiff as a result of an accident which occurred on August 3, 2006
was filed on June 30, 2008 with a return date of July 8, 2008 in the Superior
Court, Judicial District of Hartford under docket number HHD-CV-08-5021 046-S.
5. Plaintiff, a fifty-six year old female, sustained multiple injuries as a
result of the accident as follows: a tibial plateau fracture of the right lower
extremity, swelling of the right ankle, right knee pain and an aggravation of a pre-
existing low back condition; loss of motion; pain and suffering.
6. A petition of bankruptcy was filed on behalf of. Debtors, Innkeepers
USA Trust and its subsidiaries KPA Leaseco II, Inc. and Innkeepers Financing
Partnership II, LP, including Innkeepers Financial Corporation, Innkeepers USA
Limited Partnership, Innkeepers USA Trust, KPA Leaseco Holding, Inc., and KPA
Leaseco, Inc., successors in interest of Innkeepers Financial Partnership II LP
and KPA Leaseco II, Inc., on or about July 19, 2010, automatically invoking a
stay as to all proceedings against the named subsidiaries of Innkeepers USA
Trust, including Innkeepers Financing Partnership II, LP and KPA Leaseco II,
Inc., pursuant to Chapter 11 of Title 11 of the United States Code (the
"Bankruptcy Court").
7. This Affirmation is submitted in support of lifting the aforementioned
stay to the extent of insurance coverage, as is provided in 11 U.S.C. Section
362(d).
8. 11 U.S.C. Section 362(d) provides in pertinent part:
"On request of a party in interest and after notice and a hearing, the
Court shall grant relief from stay provided under subsection (a) of
this section, such as by terminating, annulling, modifying, or
conditioning such stay- (1) for cause, including the lack of
adequate protection of any interest in property of such party in
interest."
9. A plaintiff seeking modification of the Automatic Stay solely to
establish the liability of an insured Debtor and to permit the case to proceed
establishes "cause" under this section. In re: Johns-Manville Corp., 26 BR 420,
433 (1983 BC SONY). Once cause has been established, the burden of proof
shifts to the Debtor to demonstrate its entitlement to the stay. In Re UNR
Industries Inc., 54 BR 266, 268 (1985).
10. The court must modify or lift the Stay where it determines that:
"(1) no "great prejudice" to either the debtor or the bankruptcy
estate would result from the continuance of the civil action; and (2)
the hardship to the plaintiff caused by the continuance of the stay
considerably outweighs the hardship caused to the debtor by
modification of the stay. Holtkamp v. Littlefield (In re Holtkamp),
669 F.2d 505, 508 (ih Cir. 1982); In re McGraw, 18 B.R. 140, 142
(Bankr. W.D.Wis 1982)"
In re Industries, Inc. at 268.
11. In making this determination the following factors are to be
considered:
1. Whether the civil action is connected with or will interfere
with the bankruptcy proceeding;
2. Whether the debtor is insured and its carrier will provide a
defense and indemnification to prevent prejudice to the bankrupt's estate;
3. The interests of judicial economy, and;
4. Whether the issues in the civil action require the expertise of
the Bankruptcy Court
In re Holtkamp at 508, 509.
12. Here, the action pending in the Superior Court for the Judicial
District of Hartford, Connecticut is not related to and will not interfere with the
bankruptcy proceeding. Plaintiffs have agreed to proceed against the Debtors
solely to the extent of Debtors' insurance policy limits. Debtors' insurance
carriers have provided the defense in this litigation at no cost to the Debtor and
are obligated to indemnify the Debtors. The attorneys handling the underlying
personal injury claim for the Debtors are Sharp, Shields & Smith and they have
advised Plaintiff through discovery that their clients are insured with a one million
($1 ,000,000.00) liability policy issued to Innkeepers Hospitality Inc., which
insures KPA Leaseco II, Inc. and Innkeepers Financial Partnership II, LP.
(discovery and declaration page is appended hereto as Exhibit A).
13. The Plaintiff, who sustained physical injuries as a result of the
negligence of the debtors/defendants, should expeditiously be afforded her
rightful day in Court before a jury. The issues to be determined are properly the
subject matter of the State of Connecticut Superior Court.
14. Where Debtors are insured and the carrier is providing a defense
and prosecution of Plaintiff's action would not interfere with the administration of
the Debtor's estate, leave to modify the stay should be granted. Froust v. Muson
S.S. Lines. 299 US 77, 84 (1936).
15. For the above stated reasons, Plaintiff's Motion for Relief from Stay
should be granted.
16. No prior request for the relief requested herein has heretofore been
made.
WHEREFORE, Plaintiff respectfully requests the within motion be granted
in all respects and that this Court grant such other and further relief as it deems
just and proper.
Dated: HARTFORD, CT
September 17, 2010 BY /s/
Regnier, Taylor, Curran & Eddy
1 00 Pearl Street, 1oth Floor
Hartford, CT 06103
Tel. (860) 249-9121
Fax (860) 527-4343
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In re:
(SCC)
Debtor
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Kathleen Devlin
Plaintiff
v.
Defendant
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Case. No. 1 0-13800
Chapter 11
I hereby certify that on September 17, 2010, a copy of the foregoing
Affirmation was filed electronically and served by mail on anyone unable to
accept electronic filing. Notice of this filing will be sent by email to all parties by
operation of the court's electronic filing system or by mail to anyone unable to
accept electronic filing as indicated on the Notice of Electronic filing.
One Bowling Green
New York, NY 10004
New York, NY 10022-4611
300 North LaSalle
Is!
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In re:
Debtor
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Kathleen Devlin
Plaintiff
V.
Defendant
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NOTICE OF MOTION
TO LIFT STAY
Case. No. 10-13800
(SCC)
ORDER GRANTING RELIEF FROM STAY
A motion having been made by Kathleen Devlin, for an order pursuant to
11 U.S.C. Section 362(d) to lift the stay to of a certain proceeding against
Innkeepers Financial Corporation, Innkeepers USA Limited Partnership,
Innkeepers USA Trust, KPA Leaseco Holding, Inc., and KPA Leaseco, Inc.,
successors in interest of Innkeepers Financial Partnership II LP and KPA
Leaseco II, Inc., both subsidiaries of Innkeepers USA Trust and its subsidiaries,
KPA Leaseco II, Inc. and Innkeepers Financing Partnership II, LP, pending in the
Connecticut Superior Court, Hartford County, under docket number HHD-CV-08-
5021 046-S to the extent of insurance coverage;
NOW, upon filing the affirmation of Sandra Rachel Stanfield, Esq., dated
September 17, 2010, in support of the motion, and sufficient cause appearing
therefore, and the Court having held a hearing on the Motion for Relief from Stay
on September 30, 2010, and due deliberation having been held, it is hereby
ORDERED, that the Motion to Lift the Stay of a certain proceeding against
Innkeepers USA Trust and its subsidiaries KPA Leaseco II, Inc. and Innkeepers
Financing Partnership II, LP, including Innkeepers Financial Corporation,
Innkeepers USA Limited Partnership, Innkeepers USA Trust, KPA Leaseco
Holding, Inc., and KPA Leaseco, Inc., successors in interest of Innkeepers
Financial Partnership II LP and KPA Leaseco II, Inc., pending in the Connecticut
Superior Court, Judicial District of Hartford, under docket number HHD-CV-08-
5021046-S, is granted to the extent of the one million ($1,000,000.00) dollar
Zurich Insurance Company insurance coverage liability limits afforded to
defendants Innkeepers USA Trust and its subsidiaries KPA Leaseco II, Inc. and
Innkeepers Financing Partnership II, LP, including Innkeepers Financial
Corporation, Innkeepers USA Limited Partnership, Innkeepers USA Trust, KPA
Leaseco Holding, Inc., and KPA Leaseco, Inc., successors in interest of
Innkeepers Financial Partnership II LP and KPA Leaseco II, Inc., and/or any
other insurance coverage applicable to the subject accident.
Dated:
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NewYork, NY Shelley C. Chapman,
United States Bankruptcy Judge
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In re:
(SCC)
Debtor
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Kathleen Devlin
Plaintiff
v.
Defendant
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Case. No. 1 0-13800
Chapter 11
I hereby certify that on September 17, 2010 , a copy of the annexed
Proposed Order was filed electronically and served by mail on anyone unable to
accept electronic filing. Notice of this filing will be sent by email to all parties by
operation of the court's electronic filing system or by mail to anyone unable to
accept electronic filing as indicated on the Notice of Electronic filing.
One Bowling Green
New York, NY 1 0004
New York, NY 1 0022-4611
300 North LaSalle
Is/
Exhibit A
DOCKET NO.: HHD-CV-08-5021046-S : SUPERIOR COURT
KATHLEEN DEVLIN : J. D. OF HARTFORD
vs. : ATHARTFORD
KP A LEASECO II, INC., ET AL : SEPTEMBER 1, 2009
ANSWERS TO PLAINTIFF'S INTERROGATORIES
The undersigned, on behalf of the Plaintiff, hereby propounds the following
interrogatories to be answered by the Defendant, INNKEEPERS FINANCIAL PARTNERSHIP
II, LIMTED PARTNERSHIP, under oath, within thirty (30) days of the filing hereof insofar as
the disclosure sought will be of assistance in the prosecution of this action and can be provided
by the Defendant with substantially greater facility than could otherwise be obtained.
1. Identify the person(s) who, at the time of the plaintiffs alleged injury, owned the
premises where the plaintiff claims to have been injured.
a. If the owner is a natural person state:
(i)
(ii)
(iii)
(iv)
Your name and other name by which you have been known:
Your date ofbirth:
Your home address:
Your business address:
I
ANSWER: N/A.
b. If the owner is not a natural person, please state:
(i) Your name and any other name by which you have been known:
(ii) Your business address:
(iii) The nature of your business entity (corporation, partnership, etc.):
(iv) Whether you are registered to do business in Connecticut:
(v) The name of the manager of the property, if applicable.
ANSWER:
i. Innkeepers Financing Partnership II, LP (hereinafter "IFP II");
ii. 340 Royal Poinciana Way, Suite 306, Palm Beach, FL 33480;
iii. Limited Partnership;
iv. It was at the time of the incident;
v. Currently, it is Holly McCalla.
2. Identify the person(s) who, at the time of the plaintiffs alleged injury, had a
possessory interest (e.g. tenants) in the premises where the plaintiff claims to have been injured:
ANSWER: In addition to the owner identified in #1 above, it would also be KP A Leaseco
II, Inc. (hereinafter "KP A II") which was the hotel lessee.
3. Identify the person(s) responsible for the maintenance and inspection of the
premises at the time and place where the plaintiff claims to have been injured:
ANSWER: The hotel operator at the time of the incident was Innkeepers Hospitality
Management, Inc.
4. State whether you had in effect at the time of the plaintiffs injuries any written
policies or procedures that relate to the kind of conduct or condition plaintiff alleges caused the
InJury.
ANSWER: To our knowledge, there was no policy or procedure regarding walking in or
near the shower, but likely any dangerous conditions would have been noted in regular
preventive maintenance procedures.
5. State whether it is your business practice to prepare, or obtain from your
employees, a written report of the circumstances surrounding injuries sustained by persons on the
subject premises.
ANSWER: Yes.
6. State whether any written report of the incident described in the complaint was
prepared by you or your employees in the regular course of business.
ANSWER: An incident report was prepared by Olivia C. Henry, an employee of
Residence Inn Marriott, on 8/3/06.
7. State whether any warnings or caution signs or barriers were erected at or near the
scene ofthe incident at the time the plaintiff claims to have been injured.
ANSWER: No.
8. If the answer to the previous interrogatory is in the affirmative, please state;
a. the name, address and employer who erected the warning or caution signs
or barriers:
b. the name, address and employer who instructed the person to erect the
warning or caution signs or barriers:
c. the time and date a sign or barrier was erected:
d. the size of the sign or barrier and wording that appeared thereon:
ANSWER: N/A.
9. State whether you received, at any time six months before the incident described
by the plaintiff, complaints from anyone about the defect or condition that the plaintiff claims
caused the plaintiffs injury.
ANSWER: Not to our knowledge.
10. If the answer to the previous interrogatory is in the affirmative, please state:
a. the name and address of the person who made the complaint:
b. the name, address and person to whom said complaint was made:
c. whether the complaint was in writing:
d. the nature of the complaint:
ANSWER: N/A.
11. Please identify surveillance material discoverable under 13-3(c), by stating the
name and address of any person who obtained or prepared any and all recordings, by film,
photograph, video tape, audio tape, audio tape or any other digital or electronic means, of any
party concerning this lawsuit or its subject matter, including any transcript thereof which are in
your possession or control or in the possession or control of your attorney, and state the date on
which each such recordings were obtained and the person or persons of whom each such
recording was made.
ANSWER: None.
12. State the following:
ANSWER:
(a)
(b)
(c)
(d)
(e)
a. Your full name and any other name ( s) by which you have been known;
b. your date of birth;
c. your motor vehicle operator's license number;
d. your home address;
e. your business address.
Innkeepers Financial Partnership II, Limited Partnership;
N/A;
N/A;
N/A;
340 Royal Poinciana Way, Suite 306, Palm Beach, FL 33480.
13. Have you made any statements, as defined the Practice Book Section 13-1, to any
person regarding any of the incidents alleged in the Complaint?
COMMENT: This interrogatory is intended to include party statements made to a
representative of an insurance company prior to the involvement of defense counsel.
14. If the answer to Interrogatory #12 is affirmative, state:
a. the name and address of the person or persons to whom such statements
were made:
b. the date on which such statements were made;
c. the form of the statement (i.e., whether written, made by recording device
or recorded by a stenographer);
d. the name and address of each person having custody, or a copy or copies
of each statement.
ANSWER: N/A.
15. State the names and addresses of all persons known to you who were present at
the time of the incident alleged in the Complaint or who observed or witnessed all or part of the
incident.
ANSWER: We are not aware of any witnesses.
16. As to each individual named in response to Interrogatory #15, state whether to
your knowledge, or the knowledge of your attorney, such individual has given any statement or
statements as defined in the Connecticut Practice Book Rule 13-1 concerning the subject matter
of the Complaint in this lawsuit. If your answer to this Interrogatory is affirmative, state also:
a. the date on which the statement or statements were taken;
b. the names and addresses of the person and persons who took such
statement or statements.
c. the names and addresses of any person present when such statement or
statements were taken;
d. whether such statement or statements were written, made by recording
device or taken by court reporter or stenographer.
e. the names and addresses of each person having custody or a copy or
copies of such statement or statements.
ANSWER: N/A.
17. Are you aware of any photographs depicting the accident scene, any vehicle
involved in the incident alleged in the Complaint or any condition or injury alleged to have been
caused by the incident alleged in the Complaint? If so, for each set of photographs taken of each
such subject by each photographer, please state:
(a) the name and address of the photographer, other than an expert who will not
testify at trial;
(b) the dates on which such photographs were taken;
(c) the subject (e.g. "plaintiffs vehicle," "scene," etc.);
(d) the number of photographs.
ANSWER: To our knowledge, there are no photographs.
18. If, at the time ofthe incident alleged in the Complaint, you were covered by an
insurance policy under which an insurer may be liable to satisfy part or all of a judgment or
reimburse you for payments to satisfy part or all of a judgment, state the following:
ANSWER:
(a)
(b)
(c)
19.
a. the name (s) and address (es) of the insured(s).
b. the amount of coverage under each insurance policy;
c. the name (s) and addresses (es) of said insurer (s).
Innkeepers Hospitality, Inc., 9340 E. Central, Wichita, KA, 67278;
$1,000,000 Any one occurrence;
Zurich American Insurance Company.
If at the time of the incident, which is the subject of this lawsuit, you were
protected against the type of risk which is the subject of this lawsuit by excess umbrella
insurance, or any other insurance, state:
a. the name ( s) and address ( es) of the named insured:
b. the amount of coverage effective at this time:
c. the name (s) and address(es) of said insurer(s).
ANSWER: To be provided, if applicable.
20. State whether any insurer, as described in Interrogatories #17 and #18 above, has
disclaimed/reserved its duty to indemnify any insured or any other person protected by said
policy.
ANSWER: No.
21. If any of the Defendants are deceased, please state the date and place of death,
whether an estate has been created, and the name and address of the legal representative thereof.
ANSWER: N/ A.
22. If any of the Defendants is a business entity that has changed its name or status as
a business entity (whether by dissolution, merger, acquisition, name change, or in any other
manner) since the date of the incident alleged in the Complaint, please identify such defendant,
state the date of the change, and describe the change.
ANSWER: As of June 29, 2007, Innkeepers USA Trust ("USA Trust"), the parent of both
IFP II and KP A II, was acquired. In that transaction, the subject property was transferred
to a newly formed subsidiary, Grand Prix Windsor LLC, which in turn leased the property
to another newly formed subsidiary, Grand Prix Fixed Lessee LLC. Subsequently, IFP II
and KP A II were dissolved.
23. Please state whether, within eight (8) hours after the incident alleged in the
complaint, any testing was performed to determine the presence of alcohol, drugs or other
medications in your blood and, if so, state:
(a) the name and address of the hospital, person or entity performing such test or
screen;
(b) the date and time;
(c) the results.
ANSWER: No.
Dl!I(i'ENl>ANT'S CERTIFICATION
I hereby certify tbat l have reviewed the abpve inte1TQgatories and .responses thereto
that they are true and acc\lfate to tile best oimy knowledge and t>elier.
2009.
S\lbscribed and sworn to before me tltis ? day of
NOTARY Pl,fflUC-STPJEOF twtWJA
. Tabitha Woodwar4
.
.. Co. ... -.: ... slo. n. #.PD5. 243 .. ,29 ..
Expires: MAR. Olj
B()rtded 'l1lt'i1 Atlantie Bonding C9i
oL,. 3
N<>iaiy Pu'Plic/
om.missipner ofthe SuperiPr Court
Poftcy Number
CPO 3788997..00
COMMERCIAL GENERAL UABIUTV COVERAGE PART
SUPPLEMENTAL DEClARATIONS
ZURICH AMERICAN INSURANCE COMPANY
Named Insured
INNKEEPERS HOSPITALITY INC.
Effecdlle Date:
11-01-05
12:01 A.M., Standard Time
Agent Name
MANNING & SMITH INSURANCE INC.
Agent No.
37146-000
Item 1. Business Description: HOTEL
Item 2. Umlts of Insurance
Coverage Limit of Uabftity
Aggregate Umlls of liabHity Products/Completed
$ 2,000,000 Operations Aggregate
General Aggregate (other than
$ 2,000,000 Produet$/Completed Operations)
Coverage A Bodily Injury and any one occurrence subject to
Property Damage LlabHlty the ProduclsJCompleted
Operations and Genetat
$
1,ooo,ooo Aggregate Limits of UabDlty
any one premlses subJect to the
Damage To Premises
Coverage A occurrence and the
Rented To You
General Aggregate Umlts of
$ 1#000,000 liability
CoverageB Personal and one person or organization
Advertising InJury su ;ct to the General Aggregate
UabDity
$ 1.ooo-ooo Um1ts of llabUitv
OoverageC Medical Payments any one person aubJact to the
NOT COVERED UabUilv
Item a. Retroactive Date
This Insurance does not apry to "bodily Injury", damage or "personal and advertising InJury" which ocCUl's
before the Retroactive Date, any, shown here: N N
(ettet Date or 'Non. lr no Relrolcllvl Date a9J11l11)
llem4. Form of Bustnesa and Location of PrE!mis.S
Forms of Business: CORPORATION
location of AU Premises You Own, Rent or Occupy:
See Sch9dule of LocaUone
Items. Forms and Endorsements
Form(s) and Endorsement(s) made a pan of this poflcy at llme of Issue:
See Schedule of fOtm.ll and Endorsements
Item$. Premium$
-
Coveragl!t Pan PremiUm: $
----
Other Premfurn:
T(:)tal Premium: $
THESE DECI.AAATIONSAR! PARt 01 THE POUCY DEClARATIONS CONfAINING THE NAME OF THE INSUASOANDTH! POUCV PERIOD.
U-GL-D-t115-A CW (10/01)
DOCKET NO.: HHD-CV-08-5021046-S : SUPERIOR COURT
KATHLEEN DEVLIN : J. D. OF HARTFORD
vs. : ATHARTFORD
KP A LEASECO II, INC., ET AL : SEPTEMBER 1, 2009
ANSWERS TO PLAINTIFF'S INTERROGATORIES
The undersigned, on behalf ofthe Plaintiff, hereby propounds the following
interrogatories to be answered by the Defendant, KP A LEASECO II, INC., under oath, within
thirty (30) days of the filing hereof insofar as the disclosure sought will be of assistance in the
prosecution of this action and can be provided by the Defendant with substantially greater
facility than could otherwise be obtained.
1. Identify the person(s) who, at the time of the plaintiffs alleged injury, owned the
premises where the plaintiff claims to have been injured.
a. If the owner is a natural person state:
(i) Your name and other name by which you have been known:
(ii) Your date of birth:
(iii) Your home address:
(iv) Your business address:
ANSWER: N/A.
b. If the owner is not a natural person, please state:
(i) Your name and any other name by which you have been known:
(ii) Your business address:
(iii) The nature ofyour business entity (corporation, partnership, etc.):
(iv) Whether you are registered to do business in Connecticut:
(v) The name ofthe manager ofthe property, if applicable.
ANSWER:
i. KP A Leaseco II, Inc. (hereinafter "KP A II")
ii. 340 Royal Poinciana Way, Suite 306, Palm Beach, FL 33480.
iii. Corporation
iv. It was at the time of the incident.
v. Currently, it is Holly McCalla.
2. Identify the person(s) who, at the time of the plaintiffs alleged injury, had a
possessory interest (e.g. tenants) in the premises where the plaintiff claims to have been injured:
ANSWER: In addition to the lessee identified in #1 above, it would also be Innkeepers
Financing Partnership II, LP (hereinafter "IFP II") which was the hotel lessee.
3. Identify the person(s) responsible for the maintenance and inspection ofthe
premises at the time and place where the plaintiff claims to have been injured:
ANSWER: The hotel operator at the time of the incident was Innkeepers Hospitality
Management, Inc.
4. State whether you had in effect at the time of the plaintiffs injuries any written
policies or procedures that relate to the kind of conduct or condition plaintiff alleges caused the
injury.
ANSWER: To our knowledge, there was no policy or procedure regarding walking in or
near the shower, but likely any dangerous conditions would have been noted in regular
preventive maintenance procedures.
5. State whether it is your business practice to prepare, or obtain from your
employees, a written report of the circumstances surrounding injuries sustained by persons on the
subject premises.
ANSWER: Yes.
6. State whether any written report of the incident described in the complaint was
prepared by you or your employees in the regular course of business.
ANSWER: An incident report was prepared by Olivia C. Henry, an employee of
Residence Inn Marriott, on 8/3/06.
7. State whether any warnings or caution signs or barriers were erected at or near the
scene of the incident at the time the plaintiff claims to have been injured.
ANSWER: No.
8. If the answer to the previous interrogatory is in the affirmative, please state;
a. the name, address and employer who erected the warning or caution signs
or barriers:
b. the name, address and employer who instructed the person to erect the
warning or caution signs or barriers:
c. the time and date a sign or barrier was erected:
d. the size of the sign or barrier and wording that appeared thereon:
ANSWER: N/A.
9. State whether you received, at any time six months before the incident described
by the plaintiff, complaints from anyone about the defect or condition that the plaintiff claims
caused the plaintiffs injury.
10. If the answer to the previous interrogatory is in the affirmative, please state:
a. the name and address of the person who made the complaint:
b. the name, address and person to whom said complaint was made:
c. whether the complaint was in writing:
d. the nature of the complaint:
ANSWER: N/ A.
11. Please identify surveillance material discoverable under 13-3(c), by stating the
name and address of any person who obtained or prepared any and all recordings, by film,
photograph, video tape, audio tape, audio tape or any other digital or electronic means, of any
party concerning this lawsuit or its subject matter, including any transcript thereof which are in
your possession or control or in the possession or control of your attorney, and state the date on
which each such recordings were obtained and the person or persons of whom each such
recording was made.
ANSWER: None.
12. State the following:
ANSWER:
(a)
(b)
(c)
(d)
(e)
a. Your full name and any other name (s) by which you have been known;
b. your date of birth;
c. your motor vehicle operator's license number;
d. your home address;
e. your business address.
KP A Leaseco, II, Inc.
N/A
N/A
N/A
340 Royal Poinciana Way, Suite 306, Palm Beach, FL 33480.
13. Have you made any statements, as defined the Practice Book Section 13-1, to any
person regarding any of the incidents alleged in the Complaint?
COMMENT: This interrogatory is intended to include party statements made to a
representative of an insurance company prior to the involvement of defense counsel.
14. If the answer to Interrogatory #12 is affirmative, state:
a. the name and address of the person or persons to whom such statements
were made:
b. the date on which such statements were made;
c. the form of the statement (i.e., whether written, made by recording device
or recorded by a stenographer);
d. the name and address of each person having custody, or a copy or copies
of each statement.
ANSWER: N/A.
15. State the names and addresses of all persons known to you who were present at
the time of the incident alleged in the Complaint or who observed or witnessed all or part of the
incident.
ANSWER: We are not aware of any witnesses.
16. As to each individual named in response to Interrogatory #15, state whether to
your knowledge, or the knowledge of your attorney, such individual has given any statement or
statements as defined in the Connecticut Practice Book Rule 13-1 concerning the subject matter
ofthe Complaint in this lawsuit. If your answer to this Interrogatory is affirmative, state also:
a. the date on which the statement or statements were taken;
b. the names and addresses of the person and persons who took such
statement or statements.
c. the names and addresses of any person present when such statement or
statements were taken;
d. whether such statement or statements were written, made by recording
device or taken by court reporter or stenographer.
e. the names and addresses of each person having custody or a copy or
copies of such statement or statements.
ANSWER: N/A.
17. Are you aware of any photographs depicting the accident scene, any vehicle
involved in the incident alleged in the Complaint or any condition or injury alleged to have been
caused by the incident alleged in the Complaint? If so, for each set of photographs taken of each
such subject by each photographer, please state:
(a) the name and address of the photographer, other than an expert who will not
testify at trial;
(b) the dates on which such photographs were taken;
(c) the subject (e.g. "plaintiff's vehicle," "scene," etc.);
(d) the number of photographs.
ANSWER: To our knowledge, there are no photographs.
18. If, at the time ofthe incident alleged in the Complaint, you were covered by an
insurance policy under which an insurer may be liable to satisfy part or all of a judgment or
reimburse you for payments to satisfy part or all of a judgment, state the following:
ANSWER:
(a)
(b)
(c)
a. the name (s) and address (es) of the insured(s).
b. the amount of coverage under each insurance policy;
c. the name (s) and addresses (es) of said insurer (s).
Innkeepers Hospitality, Inc., 9340 E. Central, Wichita, KA, 67278;
$1,000,000 Any one occurrence;
Zurich American Insurance Company.
19. If at the time ofthe incident, which is the subject ofthis lawsuit, you were
protected against the type of risk which is the subject of this lawsuit by excess umbrella
insurance, or any other insurance, state:
a. the name (s) and address (es) ofthe named insured:
b. the amount of coverage effective at this time:
c. the name (s) and address(es) of said insurer(s).
ANSWER: To be provided, if applicable.
20. State whether any insurer, as described in Interrogatories #17 and #18 above, has
disclaimed/reserved its duty to indemnify any insured or any other person protected by said
policy.
ANSWER: No.
21. If any of the Defendants are deceased, please state the date and place of death,
whether an estate has been created, and the name and address of the legal representative thereof.
ANSWER: N/A.
22. If any ofthe Defendants is a business entity that has changed its name or status as
a business entity (whether by dissolution, merger, acquisition, name change, or in any other
manner) since the date of the incident alleged in the Complaint, please identify such defendant,
state the date of the change, and describe the change.
ANSWER: As of June 29,2007, Innkeepers USA Trust ("USA Trust"), the parent of
both IFP II and KP A II, was acquired. In that transaction, the subject property was
transferred to a newly formed subsidiary, Grand Prix Windsor LLC, which in turn leased
the property to another newly formed subsidiary, Grand Prix Fixed Lessee LLC.
Subsequently, IFP II and KP A II were dissolved.
23. Please state whether, within eight (8) hours after the incident alleged in the
complaint, any testing was performed to determine the presence of alcohol, drugs or other
medications in your blood and, if so, state:
(a) the name and address ofthe hospital, person or entity performing such test or
screen;
(b) the date and time;
(c) the results.
ANSWER: No.
DEFENDA,NTS CERTIFICATION
I hreby that I have tbe above interrogatories and tes}J9nses thereto and
. . .. . .. .
that they ru:e true and accurate to the best ()f my knowledge al1d belief.
PubJlc/
Coill.i:riissi9tier ofthe Court
Polley Number
CPO 3788997.00
COMMERCIAL GENERAL UABIUTV COVERAGE PART
SUPPLEMENTAL DECLARATIONS
ZURICH AMERICAN INSURANCE COMPANY
Named Insured
INNKEEPERS HOSPITALITY INC.
Effective Date:
11-01-05
12:01 A.M., Standard Time
Agent Name
MANNING & SMITH INSURANCE INC.
Agent No.
. 37146-000
Item 1. Business Description: HOTEL
llem2. Umlts of Insurance
Coverage Llmh of UabDity
Aggregate Umits of llabUity Products/Completed
$ 2,000,000 Operations Aggregate
General Aggregate (other than
$ 2,000,000 Products/Completed Operations)
Coverage A BodDy Injury and any one occurrence subJect to
Property Damage Llabftlty the ProdUcts/Completed
Operations and Genetaf
$ 1,000,000 Aggregate Limits of UabUlty
any one premises subJect to the
Damage To Premises
Rented To You
Ge11e1al Aggregate Limits of
$ 1,000,000 liability
CoverageS Personal and any one parson or organization
Advertising InJury subject to the General Aggregate
LlabDity
$ 1,000,000 Umlts of Liability
CoverageC Medical Payments any one person subJect to the .
NOT COVERED UabDitv
llem3. Retroactive Date
This Insurance does not to "bodily Injury", damage or "personal and advertising InJury" which occurs
before the Retroactive Date, f any, shown here: N NE
(&Iter Date or None' If no RetrO&CtiYII Dale eppllea)
Item 4. Form of Business and LocaUon of Premises
Forms of Business: CORPORATION
location of All Premises You OWn, Rent or Occupy:
See Schedule of LocaUone
Items. Forms and Endorsements
and Endorsement(s} made a part of thls policy at tlme of issue:
See Schedule of Forms and Endorsements
Item 8. Premiums
-
Coverage Pan Premium: $

Other Premium.:
Total Premium; $
THESE DEClARATIONS ARC PART OF THE POUCY DECLARATIONS CONTAINING THE NAME OFTHE INSURED AND THE POUCV PERIOD.
U-GL-D-1115-A CW (10/02)

10000003805

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