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Andrew N. Kohn, Esq., SBN 166385
Christine E. Boisclair, Esq., SBN 299439
E”
Wade A. Davison, Esq., SBN 330430 n u
a Lin ff;$13
nLflJE—thQR COURT or- CAUFORNIA
PETTIT KOHN INGRASSIA LUTz & DOLIN PC uOUN rv 0F 3AM {aERNARDINo
11622 E1 Camino Real, Suite 300 SAN PW Ds‘ilzmIWTRiCT
San Diego, California 92130
NOV I 0 2020
Tel: (858) 755-8500
Fax: (858) 755-8504
Email: akohn@pettitkohn.com
cboisclair@pettitk0hn.com
wdavison@pcttitk0hn.Com
\DOOQO‘xklI-P
Attorneys for Defendant
WALMART INC. (erroneously sued as
Walmart, Inc.)
SUPERIOR COURT 0F THE STATE OF CALIFORNIA
10 COUNTY OF SAN BERNARDINO — SAN BERNARDINO JUSTICE CENTER
11 PAULINO PEREZ RAMIREZ, an Case N0. CIVDS 1923411
individual,
12 DECLARATION OF WADE A. DAVISON
Plaintiff, IN SUPPORT OF DEFENDANT
13 WALMART INC.’S MOTION FOR
V. SUMMARY JUDGMENT, OR IN THE
14 ALTERNATIVE, SUMMARY
WALMART, INC., a corporation; and ADJUDICATION
15 DOES 1 t0 50, Inclusive,
Date: February 1,2021
16 Defendants. Time: 9:00 AM
17 Dept: $23
Judge: Honorable Donald Alvarez
18 Filed: August 8, 2019
Trial: July 19, 2021
19
20 I, Wade A. Davison, declare as follows:
21 1. I am an attorney duly licensed t0 practice law before all of the courts of the State
22 of California, and am an associate with the law firm of Pettit Kohn Ingrassia Lutz & Dolin PC,
23 attorneys 0f record for Defendant WALMART INC. (“Defendant”) in the above—captioned case.
24 Iam familiar with the facts and proceedings of this case and if called as a witness, I could and
25 would competently testify to the following facts of my own personal knowledge.
26 2. Lodged with the court as Exhibit “A” isa true and correct copy of Plaintiff’ s
27 Complaint filed on August 8, 2019.
28 ///
1
2354-3002
DECLARATION OF WADE A. DAVISON IN SUPPORT OF DEFENDANT WALMART INC.’S MOTION FOR
SUMMARY JUDGMENT, OR IN THE ALTERNATIVE, SUMMARY ADJUDICATION
3. Lodged with the court as Exhibit “B” is a true and correct copy of Plaintiff’s
responses to Defendant’s Special Interrogatories (set one) served on December 4, 2019.
4. Lodged with the Court as Exhibit “C” is a true and correct copy of Plaintiff’s
deposition, taken on August 7, 2020. Relevant portions are highlighted for the Court’s
convenience.
5. Lodged with the Court as Exhibit “D” a true and correct digital
is copy of the
\OOONONUIA
Closed-Circuit Television Coverage (“CCTV”) of Plaintiffs incident recorded on August 18,
2017. The entirety of the preserved CCTV video was produced to Plaintiff’s counsel in response
to Plaintiff s Request for Production of Documents (set one), mail served by my office on January
10 3, 2020.
11 6. Lodged with the Court as Exhibit “E” is a true and correct copy of a screenshot
12 taken at 7:08:05 pm. from the CCTV Video footage (attached as Exhibit “D”) of Plaintiff’s
13 incident recorded 0n August 18, 2017. After capturing the screenshot at 7:08:05 p.m., I used
14 Microsoft Paint software t0 1) add the yellow lines to frame the area of incident, and 2) add the
15 yellow oval t0 clearly identified the bottle 6f water on the floor.
16 7. Lodged with the Court as Exhibit “F” isa true and correct copy of a screenshot
17 taken at 7:10:43 p.m. from the CCTV video footage (attached as Exhibit “D”) 0f Plaintiff‘s
18 incident recorded on August 18, 2017. After capturing the screenshot at 7: 10:43 p.m., I used
19 Microsoft Paint software to add the yellow lines to frame the area 0f incident.
.20 8. Lodged with the Court as Exhibit “G” is a true and correct copy of a shortened
21 CCTV clip of the events leading up to the fall, for the Court’s convenience. This clip runs from
22 [7:08:00 — 7:1 1:00 p.m.].
23 Ideclare under penalty 0f perjury under the laws of the State of California that the
24 foregoing istrue and correct.
25 Executed this 9th day 0f November, 2020, at San Diego, California.
26
/
27 Wade A. Davié<3n
28
2354-3002 2
DECLARATION OF WADE A. DAVISON IN SUPPORT OF DEFENDANT WALMART INC.’S MOTION FOR
SUMMARY JUDGMENT, OR IN THE ALTERNATIVE, SUMMARY ADJUDICATION
Preview
Andrew N. Kohn, Esq., SBN 166385 Christine E. Boisclair, Esq., SBN 299439 E” Wade A. Davison, Esq., SBN 330430 n u a Lin ff;$13 nLflJE—thQR COURT or- CAUFORNIA PETTIT KOHN INGRASSIA LUTz & DOLIN PC uOUN rv 0F 3AM {aERNARDINo 11622 E1 Camino Real, Suite 300 SAN PW Ds‘ilzmIWTRiCT San Diego, California 92130 NOV I 0 2020 Tel: (858) 755-8500 Fax: (858) 755-8504 Email: akohn@pettitkohn.com cboisclair@pettitk0hn.com wdavison@pcttitk0hn.Com \DOOQO‘xklI-P Attorneys for Defendant WALMART INC. (erroneously sued as Walmart, Inc.) SUPERIOR COURT 0F THE STATE OF CALIFORNIA 10 COUNTY OF SAN BERNARDINO — SAN BERNARDINO JUSTICE CENTER 11 PAULINO PEREZ RAMIREZ, an Case N0. CIVDS 1923411 individual, 12 DECLARATION OF WADE A. DAVISON Plaintiff, IN SUPPORT OF DEFENDANT 13 WALMART INC.’S MOTION FOR V. SUMMARY JUDGMENT, OR IN THE 14 ALTERNATIVE, SUMMARY WALMART, INC., a corporation; and ADJUDICATION 15 DOES 1 t0 50, Inclusive, Date: February 1,2021 16 Defendants. Time: 9:00 AM 17 Dept: $23 Judge: Honorable Donald Alvarez 18 Filed: August 8, 2019 Trial: July 19, 2021 19 20 I, Wade A. Davison, declare as follows: 21 1. I am an attorney duly licensed t0 practice law before all of the courts of the State 22 of California, and am an associate with the law firm of Pettit Kohn Ingrassia Lutz & Dolin PC, 23 attorneys 0f record for Defendant WALMART INC. (“Defendant”) in the above—captioned case. 24 Iam familiar with the facts and proceedings of this case and if called as a witness, I could and 25 would competently testify to the following facts of my own personal knowledge. 26 2. Lodged with the court as Exhibit “A” isa true and correct copy of Plaintiff’ s 27 Complaint filed on August 8, 2019. 28 /// 1 2354-3002 DECLARATION OF WADE A. DAVISON IN SUPPORT OF DEFENDANT WALMART INC.’S MOTION FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE, SUMMARY ADJUDICATION 3. Lodged with the court as Exhibit “B” is a true and correct copy of Plaintiff’s responses to Defendant’s Special Interrogatories (set one) served on December 4, 2019. 4. Lodged with the Court as Exhibit “C” is a true and correct copy of Plaintiff’s deposition, taken on August 7, 2020. Relevant portions are highlighted for the Court’s convenience. 5. Lodged with the Court as Exhibit “D” a true and correct digital is copy of the \OOONONUIA Closed-Circuit Television Coverage (“CCTV”) of Plaintiffs incident recorded on August 18, 2017. The entirety of the preserved CCTV video was produced to Plaintiff’s counsel in response to Plaintiff s Request for Production of Documents (set one), mail served by my office on January 10 3, 2020. 11 6. Lodged with the Court as Exhibit “E” is a true and correct copy of a screenshot 12 taken at 7:08:05 pm. from the CCTV Video footage (attached as Exhibit “D”) of Plaintiff’s 13 incident recorded 0n August 18, 2017. After capturing the screenshot at 7:08:05 p.m., I used 14 Microsoft Paint software t0 1) add the yellow lines to frame the area of incident, and 2) add the 15 yellow oval t0 clearly identified the bottle 6f water on the floor. 16 7. Lodged with the Court as Exhibit “F” isa true and correct copy of a screenshot 17 taken at 7:10:43 p.m. from the CCTV video footage (attached as Exhibit “D”) 0f Plaintiff‘s 18 incident recorded on August 18, 2017. After capturing the screenshot at 7: 10:43 p.m., I used 19 Microsoft Paint software to add the yellow lines to frame the area 0f incident. .20 8. Lodged with the Court as Exhibit “G” is a true and correct copy of a shortened 21 CCTV clip of the events leading up to the fall, for the Court’s convenience. This clip runs from 22 [7:08:00 — 7:1 1:00 p.m.]. 23 Ideclare under penalty 0f perjury under the laws of the State of California that the 24 foregoing istrue and correct. 25 Executed this 9th day 0f November, 2020, at San Diego, California. 26 / 27 Wade A. Davié<3n 28 2354-3002 2 DECLARATION OF WADE A. DAVISON IN SUPPORT OF DEFENDANT WALMART INC.’S MOTION FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE, SUMMARY ADJUDICATION