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IN THE STATE COURT OF GWINNETT COUNTY
STATE OF GEORGIA
LINDA NARAMORE, as surviving
spouse of William D. Naramore and as
administrator of the Estate of
William D. Naramore,
Plaintiffs,
v. Civil Action No. 21-C-06578-S7
BUILDERS FIRSTSOURCE, INC.,
BUILDERS FIRSTSOURCE –
ATLANTIC GROUP, LLC,
BUILDERS FIRSTSOURCE –
SOUTHEAST GROUP, LLC, BUILD-
ERS FIRSTSOURCE
HOLDINGS, LLC, MICHAEL W.
SMITH, LIBERTY MUTUAL FIRE IN-
SURANCE CO.,
Defendants.
[PROPOSED] PRETRIAL ORDER
Under Uniform State Court Rule 7.2, the following constitutes a Pretrial Order
entered in the above-styled case after conference with counsel for the parties:
(1) The name, address, and phone number of the attorneys who will conduct
the trial are:
For Plaintiffs: Robert D. Cheeley
Andre T. Tennille III
Gabrielle M. Holland
Gabrielle D. Gravel
CHEELEY LAW GROUP, LLC
2500 Old Milton Parkway
Suite 200
Alpharetta, Georgia 30009
(770) 814-7001
Neil W. Putnam
NEIL W. PUTNAM, ATTORNEY AT LAW
741 North Central Avenue
Hapeville, Georgia 30354
(404) 768-3365
For Defendants: David A. Dial
Richard H. Hill, II
J. Alex Prescott
WEINBERG, WHEELER, HUDGINS,
GUNN & DIAL, LLC
3344 Peachtree Road, N.E.
Suite 2400
Atlanta, Georgia 30326
(404) 876-2700
(2) The estimated time needed for trial is four days.
(3) There are no motions or other matters pending for consideration by the
Court except for Defendants’ Motions for Summary Judgment and Judgment on the
Pleadings, Plaintiffs’ Motions in Limine, Plaintiffs Motions for Judicial Notice, and
Defendant’s Motions in Limine. Defendants request the right to file additional mo-
tions as trial preparation continues and requests the right to amend the pre-trial
order by consent as needed to prevent manifest injustice.
(4) The jury will be qualified as to the relationship with the following:
Plaintiff:
Linda Naramore
William Naramore
The Estate of William Naramore
Michael Smith
Builders FirstSource, Inc.
Builders FirstSource Holdings, Inc.
Builders FirstSource Holdings, LLC
Builders FirstSource – Atlantic Group, LLC
Liberty Mutual Fire Insurance Co.
Robert D. Cheeley
Andre T. Tennille III
Cheeley Law Group, LLC
Richard H. Hill, II
J. Alex Prescott
Weinberg, Wheeler, Hudgins, Gunn & Dial, LLC
Defendants: The jury should be qualified as to the relationship with all par-
ties and entities that have a financial interest in the case, their shareholders (if a
stock company), any policy holders (if a mutual company), and the following individ-
uals:
The parties
Counsel and their law firms
William D. Naramore
Descendants of William D. Naramore
Lift Bodies, Inc.
SOS Fleet Maintenance, LLC
Vanguard Truck Centers, LLC
Defendants object to the procedure of qualifying the jury as to insurance carriers. The
only possible purpose of such additional qualification questioning by counsel during voir
dire is to inject the element of insurance into the case, which is otherwise prohibited by
law. See, e.g., Denton v. Con-way Express, Inc., 261 Ga. 41, 42 (1991) (“Because of its irrel-
evance and prejudicial value, our courts have also held that a litigant’s insurance policy is
not only inadmissible, it can be the ground for a mistrial. . . . Such evidence is highly prej-
udicial and it can influence the entire case, no matter which side attempts to introduce
it.”) (internal citation omitted). Defendants have also filed a motion in limine prohibiting
mention of Liberty and any other insurer of Defendants.
Defendants also object to any questions being posed by counsel for the Plaintiff during
voir dire regarding the issue of insurance after the general qualification by the Court. Gon-
zales v. Wells, 213 Ga. App. 494, 445 S.E. 2d 332 (1994). Finally, Defendants object to any
juror being qualified as to non-mutual insurance companies. Wallace v. Swift Spinning
Mills, Inc., 511 S.E.2d 904, 906 (Ga. App. 1999).
(5) a. All discovery has been completed, and the Court will not consider any
further motions to compel discovery except for good cause shown. The parties, how-
ever, shall be permitted to take depositions of any persons for the preservation of
evidence for use at trial.
Defendants: Defendants reserve the right to take depositions of Plaintiff’s damages
witnesses who may or will testify at trial. Defendants reserve their right to take evi-
dentiary depositions for use at trial. Defendants reserve the right to take the deposi-
tions of any witnesses necessary to identify and authenticate documents and things
and any witnesses identified for the first time in this PTO, with such depositions not
to delay the trial of this case.
b. Unless otherwise noted, the names of the parties as shown in the
caption to this order are correct and complete and there is no question by any party
as to the misjoinder or nonjoinder of any parties.
Defendants: As explained in Defendants’ motions for summary judgement and mo-
tions in limine, Defendants maintain that Builders FirstSource, Inc., Builders
FirstSource Holdings, LLC, and Builders FirstSource – Southeast Group, LLC are
improper parties and are not waiving any defenses stated in the above referenced
motions.
(6) The following is the Plaintiffs’ brief and succinct outlines of the case and
contentions:
On a clear fall day, Michael Smith was driving a truck for Builders FirstSource
when he crashed into William Naramore from behind, in part, because the truck’s
brakes didn’t work. The crash crushed Mr. Naramore’s spine, leaving him paralyzed
for 44 days before dying. Linda Naramore, Mr. Naramore’s widow and the adminis-
trator of his estate, filed this civil action to recover for his pain, suffering, and wrong-
ful death.
(7) The following is the Defendants’ brief and succinct outline of the case
and contentions:
This case arises out of a motor vehicle accident on November 18, 2020, between
William Naramore and Michael Smith (an employee of Defendant Builders
FirstSource-Atlantic Group, LLC (“BFS-Atlantic”) at the intersection of Hwy 85 and
Porter Rd in Fayette County, Georgia. Both drivers were traveling on GA Hwy 85 and
approaching the T-intersection with Porter Rd. Mr. Smith was traveling multiple car
lengths behind Mr. Naramore. As Mr. Naramore approached the T-intersection, he
slowed down as if to make a right-hand turn and eventually began making the turn.
Mr. Smith, following Mr. Naramore from a safe distance, timely applied his brakes to
slow down to allow Mr. Naramore to complete the turn; however, upon application of
the brakes, the vehicle did not properly decrease speed as it should have and the two
vehicles collided.
Evidence obtained through discovery and as developed by Defendants’ experts
establish that the brakes malfunctioned as a result of the negligence of the nonparties
identified in Defendants’ Notice of Nonparty at Fault Pursuant to O.C.G.A. § 51-12-
33 filed on December 16, 2022. Defendants’ position is that but for the negligence of
the nonparties, the brakes would have functioned as designed and the accident would
not have happened, and that there was no way for BFS-Atlantic to have known of the
negligence of nonparties prior to the accident. Insofar as Plaintiff may be entitled to
damages, fault for such damages must be apportioned by the jury in proportion to the
percentage of fault assigned by the jury to non-parties Lift Bodies, Inc., SOS Fleet
Maintenance, LLC, Vanguard Truck Centers, LLC, and Defendants pursuant to
O.C.G.A. § 51-12-33.
As to the Builders FirstSource, Inc., Builders FirstSource Holdings, LLC, and
Builders FirstSource – Southeast Group, LLC, (“BFS Corporate Defendants”) the ev-
idence is clear they were not involved in the accident, and therefore, Plaintiff cannot
establish that they had any duty to Plaintiff or caused injury to Plaintiff. Also, Mr.
Smith was never employed or trained by the BFS Corporate Defendants, was not an
agent of the BFS Corporate Defendants, and the BFS Corporate Defendants did not
own or lease the truck driven by Mr. Smith such that they entrusted him with the
truck. Consequently, there is no basis for vicarious liability, or the negligent selection,
hiring, training, supervision, retaining or entrustment claims against the BFS Cor-
porate Defendants.
(8) The issues for determination by the jury are:
Plaintiffs: liability and damages
Defendants:
Whether Smith breached any duties owed to Plaintiff;
Whether BFS-Atlantic breached any duties owed to Plaintiff;
Whether the BFS Corporate Defendants breached any duties owed to
Plainiff;
Whether nonparties breached any duties owed to Defendants and/or
Plaintiff
Whether Smith, the Builders FirstSource Defendants, and/or nonparties
were the proximate cause of the accident;
Whether Plaintiff sustained recoverable damages as a direct and proxi-
mate result of Smith, Builders FirstSource Defendants, and/or the non-
parties negligence;
Apportionment of fault among the parties and nonparties; and
The amount of recoverable damages, if any.
(9) Specifications of negligence including the applicable code sections are
as follows:
Plaintiffs: Plaintiffs specifications of negligence including applicable code sections
are ordinary negligence (OCGA § 51-1-2), negligent hiring, training, and supervision,
and negligence per se (OCGA §§ 40-6-49, 40-6-241, 40-8-7; 49 CFR §§ 383.111,
383.113, 393.1, 393.40, 393.48, 396.3 & 396.7; Regulatory Guidance for the Federal
Motor Carrier Safety Regulations, 62 Fed. Reg. 16370).
Defendants: Defendants do not have counterclaims of negligence. With respect to
Defendants’ specifications of negligence committed by the nonparties, Defendants list
O.C.G.A. §§ 51-1-2; 51-1-8; 51-2-4 to 5; 51-4-1 to 6; 51-12-33. Defendants expressly
deny any negligence on their part, and expressly deny that Plaintiff’s damages were
caused by any alleged acts or failures to act by Defendants.
(10) If the case is based on a contract, either oral or written, the terms of the
contract are as follows (or contract is attached as an Exhibit to this Order):
Plaintiff: The direct-action against Liberty Mutual Fire Insurance Co. is, in part,
based on contract in that it involves Liberty Mutual’s insurance agreement with the
Builders FirstSource defendants.
Defendants: The allegations of fault to nonparties SOS Fleet Maintenance, LLC,
Vanguard Truck Centers, LLC, and Lift Bodies, Inc. are based, in part, upon oral
and/or implied contracts related to these nonparties negligent provision of products
and/or services to Defendant Builders FirstSource – Atlantic Group, LLC.
(11) The types of damages and the applicable measure of those damages are
all tort and wrongful-death damages, including the full value of the life of the dece-
dent as shown by the evidence, the decedent’s pain and suffering as determined by
the jury’s enlightened conscience, and all medical and funeral expenses as proven by
the evidence.
Defendants: To the extent Defendants are found liable, Plaintiff would be entitled
damages contemplated by O.C.G.A. § 51-4-1, et seq.; funeral expenses of Mr. Nara-
more; and Mr. Naramore’s post-impact conscious pain and suffering, as demonstrated
by the enlightened conscience of an impartial jury. Insofar as Plaintiff may be entitled
to damages, fault for such damages must be apportioned by the jury in proportion to
the percentage of fault assigned by the jury to non-parties Lift Bodies, Inc., SOS Fleet
Maintenance, LLC, Vanguard Truck Centers, LLC, and Defendants pursuant to
O.C.G.A. § 51-12-33.
(12) This case does not involve divorce.
(13) The following facts are stipulated:
Defendant Smith was an employee of Defendant BFS-Atlantic
and working within the scope of his employment with BFS-Atlan-
tic at the time of the accident;
The parties agree to confer in advance of trial regarding additional possible
stipulations.
(14) The following is a list of all documentary and physical evidence that will
be tendered at the trial by the Plaintiffs or the Defendants. Unless noted, the parties
have stipulated to the authenticity of the documents listed and the exhibits listed
may be admitted without further proof of authenticity. All exhibits shall be marked
by counsel before trial so as not to delay the trial before the jury.
a. By the Plaintiffs: See Exhibit A.
b. By the Defendants: See Exhibit B.
Defendants object to any items listed in Plaintiff’s Exhibit List to the extent that
said items are generally, rather than specifically, identified and it is impossible for
Defendants to determine if said documents and things have been previously identi-
fied and produced. Defendants further object to Plaintiff’s list of documents and
things to the extent that any of said documents and things were identified for the
first time in Plaintiff’s portion of the Consolidated Pre-Trial Order and these Defend-
ants have not been permitted to inspect and review said documents and things or to
elicit testimony concerning said documents and things. Defendants further object to
the extent that items identified in Plaintiff’s portion of the Pre-Trial Order are unre-
lated to Plaintiff’s injuries and/or damages.
Defendants reserve the right to supplement and amend their exhibit list. Fur-
ther, Defendants do not stipulate to the authenticity of any exhibit listed by the Plain-
tiff until such time as the marked exhibit is made available for inspection. Finally,
Defendants reserve the right to object to the exhibits listed on any other basis au-
thorized by law.
Defendants do not agree to stipulate to the use or authenticity of any photo-
graphs until they have had an opportunity to review the photographs and raise
proper objections.
Defendants reserve the right to object to the admissibility of any of the documen-
tary or physical evidence contained on Plaintiff’s exhibit list. Any stipulation as to
authenticity is not a stipulation as to admissibility. Defendants also reserve the right
to object to the use or admissibility of any demonstrative aids to be used by Plaintiff
or his counsel at trial until Defendants’ counsel has had occasion to preview them.
Defendants object to Plaintiff being allowed to present any evidence, testimony or
other documentation concerning any special damages which were not disclosed dur-
ing the course of discovery and specifically pled in accordance with O.C.G.A. § 9-11-
9(g).
(15) Special authorities relied upon by the Plaintiffs relating to peculiar evi-
dentiary or other legal questions are: The Federal Motor Carrier Safety Regulations,
including 49 CFR §§ 393.1, 393.40, 393.48, 396.3 & 396.7; Regulatory Guidance for
the Federal Motor Carrier Safety Regulations, 62 Fed. Reg. 16370.
(16) Special authorities relied upon by the Defendant relating to peculiar ev-
identiary or other legal questions are as follows: Defendants refer this Court to the
legal authorities cited in their Motions for Summary Judgment, Motions in Limine,
Motion for Judgment on the Pleadings, responses to Plaintiff’s consolidated Motions
in Limine, and response to Plaintiff’s Motion to Strike, including all briefing in sup-
port of or in opposition to these motions. Defendants further refer to the authorities
cited by Plaintiff plus any additional regulations relied on by the defense experts.
Defendants further refer this Court to any trial brief that Defendants may file prior
to trial. Defendants reserve the right to file additional motions in limine and trial
briefs as are warranted by the evidence and as permitted under Georgia law. De-
fendants reserve the right to supplement their response to this section.
Should unanticipated issues arise which require submission of special authori-
ties to this Court, Defendants reserve the right to do so at that time.
(17) All requests to charge anticipated at the time of trial will be filed in ac-
cordance with Rule 10.3. The parties reserve the right to submit additional requests
after the start of the trial to cover unanticipated points.
(18) The testimony of the following persons may be introduced by deposi-
tions:
Plaintiff:
Michael Smith
Nathan Prater
Elizabeth Langston
Tommy Mosel
Glenn Reynolds (Builders FirstSource – Atlantic Group, LLC’s
OCGA § 9-11-30(b)(6) designee)
Frank Fulton
Mike Blankenship
Plaintiff reserves the right to use depositions of individuals in accordance with
the Georgia Civil Practice Act. Any objection to the depositions or questions or argu-
ments in the depositions shall be brought to the Court’s attention before trial.
Defendants:
Sean Alexander
Mike Blankenship
Michael Smith
Nathan Prater
Tommy Mosel
Elizabeth Langston
Mike Blankenship
Glenn Reynolds
Any Person listed by Plaintiff
Defendants reserve the right to use any deposition and trial testimony for im-
peachment purposes and/or any permissible purpose under the Georgia Civil Practice
Act. Further, Defendants reserve the right to take evidentiary depositions prior to
trial. Defendants reserve the right to introduce, by deposition, the testimony of any
and all other fact and/or expert witnesses, including any deposition designations
made by Plaintiff. If Defendants decides to do this, it will provide the Court and Plain-
tiff with prompt notice. Defendants reserve the right to introduce testimony by depo-
sition through counter-deposition designations to any deposition testimony intro-
duced by Plaintiff. Finally, pursuant to O.C.G.A. § 9-11-32, Defendants reserves its
right to introduce testimony from any unavailable witnesses.
(19) The following are lists of witnesses the
a. Plaintiffs will have present at trial:
Linda Naramore
Sean Alexander
b. Plaintiffs may have present at trial:
Michael Smith
Nathan Prater
Elizabeth Langston
Tommy Mosel
Glenn Reynolds (Builders FirstSource – Atlantic Group, LLC’s
OCGA § 9-11-30(b)(6) designee)
Frank Fulton
Mike Blankenship
Dr. James R. Malcolm
David Naramore
Any witnesses listed by the Defendants, including expert wit-
nesses
Any class of witnesses listed in the Defendants’ portion of the pre-
trial order
c. Defendants will have present at trial:
Undetermined at this time
d. Defendants may have present at trial:
Michael Smith;
Nathan Prater;
Tommy Mosel;
Elizabeth Langston;
Mike Blankenship;
Glenn Reynolds
Don Roberts;
Fred Semke;
John Holder;
Corporate Representative on behalf of one or more of the Defend-
ants
Any witness needed to authenticate exhibits at trial;
Any witness necessary for foundation purposes;
Any witness necessary for impeachment or rebuttal;
Any and all persons discovered and/or deposed between now and
the time of trial who will or may be needed by Defendants to tes-
tify at trial;
Any witness listed as a “may call” or “will call” witness by any
other party, so long as that witness was timely disclosed during
discovery.
If one or more of these witnesses fail or refuse to appear at trial, Defendants
may call the same by videotaped deposition and/or deposition transcript. Defendants
reserves the right to supplement its lists of witnesses so long as such supplementation
does not serve to delay the trial of this matter. Defendants object to Plaintiff calling
any witness that is, for the first time in this litigation, identified as a witness in this
Consolidated Pretrial Order.
(20) The form of all possible verdicts to be considered by the jury are: See
Exhibit C, Plaintiffs’ Proposed Verdict Form; Exhibit D, Defendants Proposed Verdict
Forms. Defendants propose that the parties supplement this filing with proposed Ver-
dict Forms after the Court rules on the pending motions. These rulings will determine
the proper parties and issues for the jury’s consideration, which will determine the
appropriate Verdict Form.
(21) a. The possibilities of settling the case are fair.
b. The parties do want the case reported.
c. The cost of take down will be paid for equally among the parties, split
1/2 Plaintiff and 1/2 to Defendants.
d. Other matters: 12 jurors will be required at trial
The parties reserve the right to amend this PTO in the interest of justice by
providing amendments to the opposing parties sufficiently prior to trial so as not to
delay trial.
IT IS HEREBY ORDERED that the foregoing, including the Exhibits attached
hereto, constitutes the PTO in the above case and supersedes the pleadings which
may not be further amended except by order of the Court to prevent manifest injus-
tice.
SO ORDERED this _____ day of _______________, 2023.
______________________________
Judge Jaletta L. Smith
State Court of Gwinnett County
Submitted by:
Richard H. Hill, II Robert D. Cheeley
Georgia Bar No. 354425 Georgia Bar No. 122727
J. Alex Prescott Andre T. Tennille III
Georgia Bar No. 966471 Georgia Bar No. 940510
WEINBERG, WHEELER, HUDGINS, Gabrielle M. Holland
GUNN & DIAL, LLC Georgia Bar No. 460601
3344 Peachtree Road, N.E. Gabrielle D. Gravel
Suite 2400 Georgia Bar No. 449376
Atlanta, Georgia 30326 CHEELEY LAW GROUP, LLC
(404) 876-2700 2500 Old Milton Parkway
Counsel for Defendants Suite 200
Alpharetta, Georgia 30009
(770) 814-7001
Neil W. Putnam
Georgia Bar No. 590325
NEIL W. PUTNAM, ATTORNEY AT LAW
741 North Central Avenue
Hapeville, Georgia 30354
(404) 768-3365
EXHIBIT A
# Date Description Bates Nos.
1 11/20/2020 Photo of back of flatbed truck, Smith, M., 8/17/22, deposition, Ex. 1 BFS-Atlantic/Naramore 000450
2 9/28/2021 Citation, paid, Michael Smith, 8/17/22 deposition, Ex. 2 No Bates #
3 11/20/2020 Photo of front of flatbed truck, Smith, M., deposition, 8/17/22, Ex. 3 BFS-Atlantic/Naramore 000445
4 11/20/2020 Photo of front of flatbed truck, client's truck, fire truck, Smith, M., 8/17/22 deposition, Ex. 4 BFS-Atlantic/Naramore 000465
5 11/20/2020 Photo of client's truck, back of flatbed truck, tow truck, police car, Smith, M., 8/17/22 deposition, Ex. 5 BFS-Atlantic/Naramore 000477
6 11/16/2016 Employee Training Agreement, Michael Smith, Langston, 8/24/22 deposition, Ex. 1 BFS-Atlantic/Naramore 000257
7 11/16/2016 Safety Orientation Training Record, Michael Smith, Langston, 8/24/22 deposition, Ex. 2 BFS-Atlantic/Naramore 000258
8 9/27/17, 12/29/17, Speed and Space Management, Compliance Safety Accountability (CSA), Professionalism and Customer Service questions, Smith's answers, BFS-Atlantic/Naramore 000273, 284,
11/30/16, 11/29/17 Langston, 8/24/22 deposition, Ex. 3 348, 293, 298, 312
9 11/24/2020 Driver's Acknowlegment of Training, Michael Smith, Langston, 8/24/22 deposition, Ex. 4 BFS-Atlantic/Naramore 000241
10 11/18/2020 Property Damage Report, Langston, 8/24/22 deposition, Ex. 5 BFS-Atlantic/Naramore 000242
11 11/19/2020 Supervisor's Incident Report, Langston, 8/24/22 deposition, Ex. 6 BFS-Atlantic/Naramore 000243-244
12 undated Driver Issues, The Basics, Langston, 8/24/22 deposition, Ex. 7 BFS-Atlantic/Naramore 000347
13 6/26/2015 Background Report, Michael Smith, Prater, 8/24/22 deposition, Ex 1 BFS-Atlantic/Naramore 000190-196
14 7/15/2016 Acknowlegment of Training, Michael Smith, Prater, 8/24/22 deposition, Ex 2 BFS-Atlantic/Naramore 000329
15 undated Employee Counseling, Michael Smith, Prater, 8/24/22 deposition, Ex 3 BFS-Atlantic/Naramore 000222
16 3/24/2020 Vanguard invoice # 21032AT, JPRO Diagnostic Report, 98 pages, Prater, 8/24/22 deposition, Ex 4 No Bates #
17 11/19/2020 Supervisor's Vehicle Accident Investigation Report, Prater, 8/24/22 deposition, Ex 5 BFS-Atlantic/Naramore 000245
18 7/12/2022 Email from Blankenship to Carmichael RE: attached service tickets, light repairs, Blankenship, 8/25/22 deposition, Ex 1 No Bates #
19 11/18/2020 CARS Report, Blankenship, 8/25/22 deposition, Ex 2
20 7/17/2015 Record of Road Test, Michael Smith, Mosel, 9/23/22 deposition, Ex. 1 BFS-Atlantic/Naramore 000561-562
21 11/18/2020 DVIR / Vehicle: 31220, Mosel, 9/23/22 deposition, Ex. 2 BFS-Atlantic/Naramore 000172
22 11/24/2020 Email rom Mosel to Prater RE: Michael cannot drive until attached is complete, Mosel, 9/23/22 deposition, Ex. 3 BFS-Atlantic/Naramore 000549-550,
000175-177
23 11/19/2020 Supervisor's Incident Report, Mosel, 9/23/22 deposition, Ex. 4 BFS-Atlantic/Naramore 000243-244
24 11/19/2020 Labcorp Screening, Michael Smith, Mosel, 9/23/22 deposition, Ex. 5 BFS-Atlantic/Naramore 000238
25 9/7/2020 S.O.S. Fleet, paid Invoice, brakes worn and camover, adjusted, Mosel, 9/23/22 deposition, Ex. 6 BFS-Atlantic/Naramore 000182
26 11/7/2022 Notice of Deposition, Alexander, 11/14/22 deposition, Ex. 1 No Bates #
27 1/18/2020 CARS Report, Alexander, 11/14/22 deposition, Ex. 2 No Bates #
28 undated Sean Alexander CV, Alexander, 11/14/22 deposition, Ex. 3 No Bates #
29 11/14/2022 Selection Criteria, Alexander, 11/14/22 deposotopn Ex. 4 No Bates #
30 1/18/2020 Download File, Alexander, 11/14/22 deposition, Ex. 5 No Bates #
31 12/19/2022 Deposition Notice, Reynolds / 30b6, 12/29/22 deposition, Ex. 1 No Bates #
32 6/26/2015 Background Report, Michael Smith, Reynolds / 30b6, 12/29/22 deposition, Ex. 2 BFS-Atlantic/Naramore 000190-196
33 9/27/2017 Speed & Space Management questions, Driver Issues, Michael Smith, Reynolds / 30b6, 12/29/22 deposition, Ex. 3 BFS-Atlantic/Naramore 000273
35 11/29/2017 Professionalism & Customer Service questions, Michael Smith, Reynolds / 30b6, 12/29/22 deposition, Ex. 5 BFS-Atlantic/Naramore 000293
36 9/25/2017 Preventive Maintenance, Michael Smith questions, Reynolds / 30b6, 12/29/22 deposition, Ex. 6 BFS-Atlantic/Naramore 000298
37 7/15/2016 BFS Acknowlegment of Training, Michael Smith, Reynolds / 30b6, 12/29/22 deposition, Ex. 7 BFS-Atlantic/Naramore 000329
38 11/30/2016 Driver Issues, The Basics, Michael Smith, Reynolds / 30b6 12/29/22 deposition, Ex. 8 BFS-Atlantic/Naramore 000347-348
39 11/19/2020 Supervisor's Incident Report, Reynolds / 30b6, 12/29/22 deposition, Ex. 9 BFS-Atlantic/Naramore 000243-245
40 12/16/2022 Def's Notice of Nonparty at Fault, Reynolds / 30b6 12/29/22 deposition, Ex. 10 No Bates #
41 11/14/2022 Def's Suppl Resp to PL 1st ROGS, Holder 1/4/23 deposition, Ex 1 No Bates #
42 undated Federal Motor Carrier Sdafety Regulations Pocketboook, Holder 1/4/23 deposition, Ex 2 No Bates #
43 undated Inspection Details, BFS, Holder 1/4/23 deposition, Ex 3 BFS-Atlantic/Naramore 000175-176
11/14/2022 Deposition of Sean Alexander Pgs 112-113, Holder, 1/4/23 deposition, Ex 4 No Bates #
44 1/12/2022 Invoice for professional services, Semke, 1/13/23 deposition, Ex. 1 No Bates #
45 6/2/2021 Email with CV from Semke to Rick Hill, Semke, 1/13/23 deposition, Ex. 2 No Bates #
46 6/11/2021 Letter from Semke to Hill RE agreeing to work on case, Semke, 1/13/23 deposition, Ex. 3 No Bates #
47 8/18/2021 Letter from Semke to Hill RE DVD of photographs of truck, Semke, 1/13/23 deposition, Ex. 4 No Bates #
48 11/23/2021 Letter from Semke RE BFS Truck Examinatio Protocol, Semke 1/13/23 deposition, Ex. 5 No Bates #
49 10/8/2022 Letter from Semke, 2nd exam, BFS truck examination protocol, Semke , 1/13/23 deposition, Ex. 6 No Bates #
50 12/12/2022 Deposition Notice, Semke, 1/13/23 deposition, Ex. 7 No Bates #
51 11/14/2022 Def BFS Suppl Resp to ROGS, Semke, 1/13/23 deposition, Ex. 8 No Bates #
52 10/18/2020 - HOS Driver Logs showing times of day that truck is driven, odometer, driving distance, total hours, for the last 30 days references BFS-Atlantic/Naramore 000001-73
11/18/2020 mygeotab.com (RPD #1)
53 8/17/20-11/18/20 BFS-Atlantic/Naramore 000074-172
DVIR/Vehicle 31220-Inspection reports, forms, checklists for 3 months (we asked for 6 months); referenced mygeotab.com (RPD# 2)
54 3/5/2020 Annual Vehicle Inspection Report & FMCSA label BFS-Atlantic/Naramore 000173-174
55 11/18/2020 Inspection Details with violations BFS-Atlantic/Naramore 000175-176
56 Action Plan, Driving violations, action plan; unsafe driving, following too close; tire separation; expired medical card BFS-Atlantic/Naramore 000177
57 7/21/2020 SOS Fleet Management Invoice, tail lights, cab, wiring (RPD# 3) BFS-Atlantic/Naramore 000178
58 7/28/2020 SOS Fleet Management Invoice, RR broken light (RPD# 3) BFS-Atlantic/Naramore 000179
59 8/10/2020 SOS Fleet Management Invoice, air pressure (RPD# 3) BFS-Atlantic/Naramore 000180
60 8/31/2020 SOS Fleet Management Invoice, lift lights (RPD# 3) BFS-Atlantic/Naramore 000181
61 9/7/2020 SOS Fleet Management Invoice, Brakes, shoes worn, talk to dealer for warranty (RPD# 3) BFS-Atlantic/Naramore 000182
62 11/16/2020 SOS Fleet Management Invoice, Work lights, wiring (RPD# 3) BFS-Atlantic/Naramore 000183
63 11/9/2020 Vanguard Invoice, Brake repair, recall invoice (RPD# 3) BFS-Atlantic/Naramore 000184-186
64 11/18/2020 Police report (RPD# 4, #21) BFS-Atlantic/Naramore 000187-189, 243-
245
65 7/2/2015 BFS-Atlantic/Naramore 000190-443
Background report, application, training, etc. – personnel file on Michael Smith (RPD #11, #17)
66 Defendant Smith’s driving history (RPD #19) BFS-Atlantic/Naramore 000193-196, 218,
223-224, 263-266, 398-403, 416-433
67 Photos, videos, drawings (RPD #6) BFS-Atlantic/Naramore 000444-493
68 Traffic citation BFS-Atlantic/Naramore 000494-495
69 Arraignment notice BFS-Atlantic/Naramore 000496
70 11/18/2020 BFS-Atlantic/Naramore 000497-499
Delivery run
71 11/18/2020 Driver daily log BFS-Atlantic/Naramore 000500
72 11/18/2020 Speed profile BFS-Atlantic/Naramore 000501
73 11/18/2020 BFS-Atlantic/Naramore 000502-503
Collision reconstruction
74 11/18/2020 BFS-Atlantic/Naramore 000504-518
Log data and collision report
75 11/18/2020 BFS-Atlantic/Naramore 000519-520
Verizon cell records
76 11/18/2020 BFS-Atlantic/Naramore 000521-522
Text records
77 BFS-Atlantic/Naramore 000523-542
Insurance policies (RPD #28)
78 Michael Smith Traffic citations, final disposition (RPD# 7) Smith/Naramore000001-3
79 Michael Smith driver’s license (RPD #18) Smith/Naramore000004-5
80 Vanguard Invoice # 21032, Inspection of brake drums 1,2
81 Vanguard Invoice 21892 3,4
82 Vanguard Assist Case Notes, Inivoice 21032 5, 6, 7
83 Vanguard Assist Case Notes, Inivoice 21892 8, 9
84 Vanguard Email 10
85 Vanguard Photograph 1130 11
86 Vanguard Photograph 1131 12
87 Vanguard Photograph 1132 13
88 Vanguard Photograph 1133 14
89 Vanguard Photograph 1134 15
90 Vanguard Photograph 1135 16
91 Vanguard Photograph 1136 17
92 Vanguard Photograph 1137 18
93 Vanguard Photograph 1138 19
94 Vanguard Photograph 1139 20
95 Vanguard Photograph 1140 No Bates #
96 Letter HBS to all attorneys from Hall Booth RE both document productions, and their Bates #s No Bates #
97 11/6/2020 Vanguard Repair Order 21892 21
98 Nathan Prater business card 22
99 Vanguard Work Order 21032, Rear brakes, repair under warranty 23
100 Vanguard, JPRO Diagnostic Report 24-26
101 Vanguard, Warranty coverage, no recalls or bulletins for this vehicle 27-28
102 9/8/2020 Vanguard, Service Request Form, signed by Nathan Prater 29-30
103 9/8/2020 Vanguard,Asist Form, tech found all 4 rear brakes and drums need replacing, $2197.23 31
104 9/8/2020 Vanguard,31032AT Warranty, rear brakes, cost breakdown 32-33
105 9/8/2020 Vanguard,Invoice 21032AT, Brake drum replacement 34-35
106 9/8/2020 Vanguard, Invoice 21032AT, Inspection, brake drum 36-37
107 9/8/2020 Vanguard, Accounting 21032AT, Net and total costs 38-39
108 9/8/2020 Vanguard, Invoice 21032AT, Inspection, brake kit, all 4 rear brakes and drums need replacing 40
109 9/8/2020 Duplicate of above 41
110 9/8/2020 Vanguard, Invoice 21032AT, Net and total costs 42
111 9/8/2020 Vanguard, Work Order 21032AT, Inspection-check rear brakes 43
112 9/15/2020 Vanguard, Road Test Checklist 44
113 11/6/2020 Vanguard, Work Order 21892AT, Pedal carrier date code inspection 45
114 11/6/2020 Vanguard, Vehicle Data Administration 46-47
115 11/6/2020 Vanguard, JPRO Diagnostic Report 48-50
116 11/6/2020 Vanguard, Service Request Form, Recall 51-52
117 11/6/2020 Vanguard, Road Test Checklist 53
118 11/6/2020 Vanguard, Warranty 21892AT, Pedal carrier date code inspection 54-55
119 11/6/2020 Vanguard, Invoice 21892AT, Pedal carrier date code inspection 56-57
120 11/6/2020 Vanguard, Invoice 21892AT, Pedal carrier date code inspection 58-59
121 11/6/2020 Vanguard, Accounting 21892AT, Pedal carrier date code inspection 60-61
122 11/6/2020 Vanguard, Invoice 21892AT, Pedal carrier date code inspection 62-63
123 11/6/2020 Vanguard, Invoice 21892AT, Pedal carrier date code inspection 64-65
124 11/6/2020 Vanguard, Accounting 21892AT, Pedal carrier date code inspection 66-67
125 11/6/2020 Vanguard, Workorder 21892AT, Pedal carrier date code inspection 68
126 Vanguard, Photographs 69-73
127 Nathan Prater business card 74
128 Vanguard, Service Notes 75
129 11/6/2020 Vanguard, Work Order 21892AT, Pedal carrier date code inspection 76
130 11/6/2020 Vanguard, VDA 77-78
131 11/6/2020 Vanguard, JRPO Diagnostic Report 79-81
132 Vanguard, Service Request Form-recall 82-83
133 Vanguard, Road Test Checklist 84
134 11/6/2020 Vanguard, Warranty 21892AT, Removed inlet dpf clamp and gasket, installed new clamp and gasket, all good 85-86
135 11/6/2020 Vanguard, Invoice 21892AT, Pedal carrier date code inspection 87-88
136 11/6/2020 Vanguard, Invoice 21892AT, Pedal carrier date code inspection 89-90
137 11/6/2020 Vanguard, Accounting 21892Tc, Pedal carrier date code inspection 91-92
138 11/6/2020 Vanguard, Invoice 21892AT, Pedal carrier date code inspection 93-94
139 11/6/2020 Vanguard, Invoice 21892AT, Pedal carrier date code inspection 95-96
140 11/6/2020 Vanguard, Invoice 21892AT, Pedal carrier date code inspection 97-98
141 11/6/2020 Vanguard, Workorder 21892AT, Pedal carrier date code inspection 99
142 7/21/2020 SOS Fleet, Invoice 64078, On-site service: lights, labor-light switch inside cab, wiring R/R
143 7/28/2020 SOS Fleet, Invoice 64171, On-site service: lights, labor -repaired wiring and broken light
144 8/10/2020 SOS Fleet, Invoice 64345, On-site service: air pressure, labor
145 8/31/2020 SOS Fleet, Invoice 64628, On-site service: lift lights; labor inspection, repair wiring and R/R blown light
146 9/7/2020 SOS Fleet, Invoice 64745, On-site service: brakes; labor-inspect brakes, found shoes worn out, brakes cam over; adjusted brakes, advised
customer, they are taking to dealer for warranty
147 11/16/2020 SOS Fleet, Invoice 65812, On-site service: work lights, labor inspection work lights and repaired wiring
148 7/12/2022 Email from Mike Blankenship RE attached every service ticket on the truck; comments on truck only has 10k miles, brakes should have been
basically still new; sys contact Vanguard
149 12/17/2020 Bendix ACom Pro Diagnostics DTC Report 1 thru 7
150 12/17/2020 EC80 Event Report 1 thru 4
151 12/17/2020 EC80 Event Report 1 thru 4
152 1/15/2021 Delta Volvo Data Imaging Report 1 thru 62
153 Training Audios and Videos – 6 folders
154
155
156
157
158
159
160 All photographs
Preview
IN THE STATE COURT OF GWINNETT COUNTY STATE OF GEORGIA LINDA NARAMORE, as surviving spouse of William D. Naramore and as administrator of the Estate of William D. Naramore, Plaintiffs, v. Civil Action No. 21-C-06578-S7 BUILDERS FIRSTSOURCE, INC., BUILDERS FIRSTSOURCE – ATLANTIC GROUP, LLC, BUILDERS FIRSTSOURCE – SOUTHEAST GROUP, LLC, BUILD- ERS FIRSTSOURCE HOLDINGS, LLC, MICHAEL W. SMITH, LIBERTY MUTUAL FIRE IN- SURANCE CO., Defendants. [PROPOSED] PRETRIAL ORDER Under Uniform State Court Rule 7.2, the following constitutes a Pretrial Order entered in the above-styled case after conference with counsel for the parties: (1) The name, address, and phone number of the attorneys who will conduct the trial are: For Plaintiffs: Robert D. Cheeley Andre T. Tennille III Gabrielle M. Holland Gabrielle D. Gravel CHEELEY LAW GROUP, LLC 2500 Old Milton Parkway Suite 200 Alpharetta, Georgia 30009 (770) 814-7001 Neil W. Putnam NEIL W. PUTNAM, ATTORNEY AT LAW 741 North Central Avenue Hapeville, Georgia 30354 (404) 768-3365 For Defendants: David A. Dial Richard H. Hill, II J. Alex Prescott WEINBERG, WHEELER, HUDGINS, GUNN & DIAL, LLC 3344 Peachtree Road, N.E. Suite 2400 Atlanta, Georgia 30326 (404) 876-2700 (2) The estimated time needed for trial is four days. (3) There are no motions or other matters pending for consideration by the Court except for Defendants’ Motions for Summary Judgment and Judgment on the Pleadings, Plaintiffs’ Motions in Limine, Plaintiffs Motions for Judicial Notice, and Defendant’s Motions in Limine. Defendants request the right to file additional mo- tions as trial preparation continues and requests the right to amend the pre-trial order by consent as needed to prevent manifest injustice. (4) The jury will be qualified as to the relationship with the following: Plaintiff: Linda Naramore William Naramore The Estate of William Naramore Michael Smith Builders FirstSource, Inc. Builders FirstSource Holdings, Inc. Builders FirstSource Holdings, LLC Builders FirstSource – Atlantic Group, LLC Liberty Mutual Fire Insurance Co. Robert D. Cheeley Andre T. Tennille III Cheeley Law Group, LLC Richard H. Hill, II J. Alex Prescott Weinberg, Wheeler, Hudgins, Gunn & Dial, LLC Defendants: The jury should be qualified as to the relationship with all par- ties and entities that have a financial interest in the case, their shareholders (if a stock company), any policy holders (if a mutual company), and the following individ- uals: The parties Counsel and their law firms William D. Naramore Descendants of William D. Naramore Lift Bodies, Inc. SOS Fleet Maintenance, LLC Vanguard Truck Centers, LLC Defendants object to the procedure of qualifying the jury as to insurance carriers. The only possible purpose of such additional qualification questioning by counsel during voir dire is to inject the element of insurance into the case, which is otherwise prohibited by law. See, e.g., Denton v. Con-way Express, Inc., 261 Ga. 41, 42 (1991) (“Because of its irrel- evance and prejudicial value, our courts have also held that a litigant’s insurance policy is not only inadmissible, it can be the ground for a mistrial. . . . Such evidence is highly prej- udicial and it can influence the entire case, no matter which side attempts to introduce it.”) (internal citation omitted). Defendants have also filed a motion in limine prohibiting mention of Liberty and any other insurer of Defendants. Defendants also object to any questions being posed by counsel for the Plaintiff during voir dire regarding the issue of insurance after the general qualification by the Court. Gon- zales v. Wells, 213 Ga. App. 494, 445 S.E. 2d 332 (1994). Finally, Defendants object to any juror being qualified as to non-mutual insurance companies. Wallace v. Swift Spinning Mills, Inc., 511 S.E.2d 904, 906 (Ga. App. 1999). (5) a. All discovery has been completed, and the Court will not consider any further motions to compel discovery except for good cause shown. The parties, how- ever, shall be permitted to take depositions of any persons for the preservation of evidence for use at trial. Defendants: Defendants reserve the right to take depositions of Plaintiff’s damages witnesses who may or will testify at trial. Defendants reserve their right to take evi- dentiary depositions for use at trial. Defendants reserve the right to take the deposi- tions of any witnesses necessary to identify and authenticate documents and things and any witnesses identified for the first time in this PTO, with such depositions not to delay the trial of this case. b. Unless otherwise noted, the names of the parties as shown in the caption to this order are correct and complete and there is no question by any party as to the misjoinder or nonjoinder of any parties. Defendants: As explained in Defendants’ motions for summary judgement and mo- tions in limine, Defendants maintain that Builders FirstSource, Inc., Builders FirstSource Holdings, LLC, and Builders FirstSource – Southeast Group, LLC are improper parties and are not waiving any defenses stated in the above referenced motions. (6) The following is the Plaintiffs’ brief and succinct outlines of the case and contentions: On a clear fall day, Michael Smith was driving a truck for Builders FirstSource when he crashed into William Naramore from behind, in part, because the truck’s brakes didn’t work. The crash crushed Mr. Naramore’s spine, leaving him paralyzed for 44 days before dying. Linda Naramore, Mr. Naramore’s widow and the adminis- trator of his estate, filed this civil action to recover for his pain, suffering, and wrong- ful death. (7) The following is the Defendants’ brief and succinct outline of the case and contentions: This case arises out of a motor vehicle accident on November 18, 2020, between William Naramore and Michael Smith (an employee of Defendant Builders FirstSource-Atlantic Group, LLC (“BFS-Atlantic”) at the intersection of Hwy 85 and Porter Rd in Fayette County, Georgia. Both drivers were traveling on GA Hwy 85 and approaching the T-intersection with Porter Rd. Mr. Smith was traveling multiple car lengths behind Mr. Naramore. As Mr. Naramore approached the T-intersection, he slowed down as if to make a right-hand turn and eventually began making the turn. Mr. Smith, following Mr. Naramore from a safe distance, timely applied his brakes to slow down to allow Mr. Naramore to complete the turn; however, upon application of the brakes, the vehicle did not properly decrease speed as it should have and the two vehicles collided. Evidence obtained through discovery and as developed by Defendants’ experts establish that the brakes malfunctioned as a result of the negligence of the nonparties identified in Defendants’ Notice of Nonparty at Fault Pursuant to O.C.G.A. § 51-12- 33 filed on December 16, 2022. Defendants’ position is that but for the negligence of the nonparties, the brakes would have functioned as designed and the accident would not have happened, and that there was no way for BFS-Atlantic to have known of the negligence of nonparties prior to the accident. Insofar as Plaintiff may be entitled to damages, fault for such damages must be apportioned by the jury in proportion to the percentage of fault assigned by the jury to non-parties Lift Bodies, Inc., SOS Fleet Maintenance, LLC, Vanguard Truck Centers, LLC, and Defendants pursuant to O.C.G.A. § 51-12-33. As to the Builders FirstSource, Inc., Builders FirstSource Holdings, LLC, and Builders FirstSource – Southeast Group, LLC, (“BFS Corporate Defendants”) the ev- idence is clear they were not involved in the accident, and therefore, Plaintiff cannot establish that they had any duty to Plaintiff or caused injury to Plaintiff. Also, Mr. Smith was never employed or trained by the BFS Corporate Defendants, was not an agent of the BFS Corporate Defendants, and the BFS Corporate Defendants did not own or lease the truck driven by Mr. Smith such that they entrusted him with the truck. Consequently, there is no basis for vicarious liability, or the negligent selection, hiring, training, supervision, retaining or entrustment claims against the BFS Cor- porate Defendants. (8) The issues for determination by the jury are: Plaintiffs: liability and damages Defendants: Whether Smith breached any duties owed to Plaintiff; Whether BFS-Atlantic breached any duties owed to Plaintiff; Whether the BFS Corporate Defendants breached any duties owed to Plainiff; Whether nonparties breached any duties owed to Defendants and/or Plaintiff Whether Smith, the Builders FirstSource Defendants, and/or nonparties were the proximate cause of the accident; Whether Plaintiff sustained recoverable damages as a direct and proxi- mate result of Smith, Builders FirstSource Defendants, and/or the non- parties negligence; Apportionment of fault among the parties and nonparties; and The amount of recoverable damages, if any. (9) Specifications of negligence including the applicable code sections are as follows: Plaintiffs: Plaintiffs specifications of negligence including applicable code sections are ordinary negligence (OCGA § 51-1-2), negligent hiring, training, and supervision, and negligence per se (OCGA §§ 40-6-49, 40-6-241, 40-8-7; 49 CFR §§ 383.111, 383.113, 393.1, 393.40, 393.48, 396.3 & 396.7; Regulatory Guidance for the Federal Motor Carrier Safety Regulations, 62 Fed. Reg. 16370). Defendants: Defendants do not have counterclaims of negligence. With respect to Defendants’ specifications of negligence committed by the nonparties, Defendants list O.C.G.A. §§ 51-1-2; 51-1-8; 51-2-4 to 5; 51-4-1 to 6; 51-12-33. Defendants expressly deny any negligence on their part, and expressly deny that Plaintiff’s damages were caused by any alleged acts or failures to act by Defendants. (10) If the case is based on a contract, either oral or written, the terms of the contract are as follows (or contract is attached as an Exhibit to this Order): Plaintiff: The direct-action against Liberty Mutual Fire Insurance Co. is, in part, based on contract in that it involves Liberty Mutual’s insurance agreement with the Builders FirstSource defendants. Defendants: The allegations of fault to nonparties SOS Fleet Maintenance, LLC, Vanguard Truck Centers, LLC, and Lift Bodies, Inc. are based, in part, upon oral and/or implied contracts related to these nonparties negligent provision of products and/or services to Defendant Builders FirstSource – Atlantic Group, LLC. (11) The types of damages and the applicable measure of those damages are all tort and wrongful-death damages, including the full value of the life of the dece- dent as shown by the evidence, the decedent’s pain and suffering as determined by the jury’s enlightened conscience, and all medical and funeral expenses as proven by the evidence. Defendants: To the extent Defendants are found liable, Plaintiff would be entitled damages contemplated by O.C.G.A. § 51-4-1, et seq.; funeral expenses of Mr. Nara- more; and Mr. Naramore’s post-impact conscious pain and suffering, as demonstrated by the enlightened conscience of an impartial jury. Insofar as Plaintiff may be entitled to damages, fault for such damages must be apportioned by the jury in proportion to the percentage of fault assigned by the jury to non-parties Lift Bodies, Inc., SOS Fleet Maintenance, LLC, Vanguard Truck Centers, LLC, and Defendants pursuant to O.C.G.A. § 51-12-33. (12) This case does not involve divorce. (13) The following facts are stipulated: Defendant Smith was an employee of Defendant BFS-Atlantic and working within the scope of his employment with BFS-Atlan- tic at the time of the accident; The parties agree to confer in advance of trial regarding additional possible stipulations. (14) The following is a list of all documentary and physical evidence that will be tendered at the trial by the Plaintiffs or the Defendants. Unless noted, the parties have stipulated to the authenticity of the documents listed and the exhibits listed may be admitted without further proof of authenticity. All exhibits shall be marked by counsel before trial so as not to delay the trial before the jury. a. By the Plaintiffs: See Exhibit A. b. By the Defendants: See Exhibit B. Defendants object to any items listed in Plaintiff’s Exhibit List to the extent that said items are generally, rather than specifically, identified and it is impossible for Defendants to determine if said documents and things have been previously identi- fied and produced. Defendants further object to Plaintiff’s list of documents and things to the extent that any of said documents and things were identified for the first time in Plaintiff’s portion of the Consolidated Pre-Trial Order and these Defend- ants have not been permitted to inspect and review said documents and things or to elicit testimony concerning said documents and things. Defendants further object to the extent that items identified in Plaintiff’s portion of the Pre-Trial Order are unre- lated to Plaintiff’s injuries and/or damages. Defendants reserve the right to supplement and amend their exhibit list. Fur- ther, Defendants do not stipulate to the authenticity of any exhibit listed by the Plain- tiff until such time as the marked exhibit is made available for inspection. Finally, Defendants reserve the right to object to the exhibits listed on any other basis au- thorized by law. Defendants do not agree to stipulate to the use or authenticity of any photo- graphs until they have had an opportunity to review the photographs and raise proper objections. Defendants reserve the right to object to the admissibility of any of the documen- tary or physical evidence contained on Plaintiff’s exhibit list. Any stipulation as to authenticity is not a stipulation as to admissibility. Defendants also reserve the right to object to the use or admissibility of any demonstrative aids to be used by Plaintiff or his counsel at trial until Defendants’ counsel has had occasion to preview them. Defendants object to Plaintiff being allowed to present any evidence, testimony or other documentation concerning any special damages which were not disclosed dur- ing the course of discovery and specifically pled in accordance with O.C.G.A. § 9-11- 9(g). (15) Special authorities relied upon by the Plaintiffs relating to peculiar evi- dentiary or other legal questions are: The Federal Motor Carrier Safety Regulations, including 49 CFR §§ 393.1, 393.40, 393.48, 396.3 & 396.7; Regulatory Guidance for the Federal Motor Carrier Safety Regulations, 62 Fed. Reg. 16370. (16) Special authorities relied upon by the Defendant relating to peculiar ev- identiary or other legal questions are as follows: Defendants refer this Court to the legal authorities cited in their Motions for Summary Judgment, Motions in Limine, Motion for Judgment on the Pleadings, responses to Plaintiff’s consolidated Motions in Limine, and response to Plaintiff’s Motion to Strike, including all briefing in sup- port of or in opposition to these motions. Defendants further refer to the authorities cited by Plaintiff plus any additional regulations relied on by the defense experts. Defendants further refer this Court to any trial brief that Defendants may file prior to trial. Defendants reserve the right to file additional motions in limine and trial briefs as are warranted by the evidence and as permitted under Georgia law. De- fendants reserve the right to supplement their response to this section. Should unanticipated issues arise which require submission of special authori- ties to this Court, Defendants reserve the right to do so at that time. (17) All requests to charge anticipated at the time of trial will be filed in ac- cordance with Rule 10.3. The parties reserve the right to submit additional requests after the start of the trial to cover unanticipated points. (18) The testimony of the following persons may be introduced by deposi- tions: Plaintiff: Michael Smith Nathan Prater Elizabeth Langston Tommy Mosel Glenn Reynolds (Builders FirstSource – Atlantic Group, LLC’s OCGA § 9-11-30(b)(6) designee) Frank Fulton Mike Blankenship Plaintiff reserves the right to use depositions of individuals in accordance with the Georgia Civil Practice Act. Any objection to the depositions or questions or argu- ments in the depositions shall be brought to the Court’s attention before trial. Defendants: Sean Alexander Mike Blankenship Michael Smith Nathan Prater Tommy Mosel Elizabeth Langston Mike Blankenship Glenn Reynolds Any Person listed by Plaintiff Defendants reserve the right to use any deposition and trial testimony for im- peachment purposes and/or any permissible purpose under the Georgia Civil Practice Act. Further, Defendants reserve the right to take evidentiary depositions prior to trial. Defendants reserve the right to introduce, by deposition, the testimony of any and all other fact and/or expert witnesses, including any deposition designations made by Plaintiff. If Defendants decides to do this, it will provide the Court and Plain- tiff with prompt notice. Defendants reserve the right to introduce testimony by depo- sition through counter-deposition designations to any deposition testimony intro- duced by Plaintiff. Finally, pursuant to O.C.G.A. § 9-11-32, Defendants reserves its right to introduce testimony from any unavailable witnesses. (19) The following are lists of witnesses the a. Plaintiffs will have present at trial: Linda Naramore Sean Alexander b. Plaintiffs may have present at trial: Michael Smith Nathan Prater Elizabeth Langston Tommy Mosel Glenn Reynolds (Builders FirstSource – Atlantic Group, LLC’s OCGA § 9-11-30(b)(6) designee) Frank Fulton Mike Blankenship Dr. James R. Malcolm David Naramore Any witnesses listed by the Defendants, including expert wit- nesses Any class of witnesses listed in the Defendants’ portion of the pre- trial order c. Defendants will have present at trial: Undetermined at this time d. Defendants may have present at trial: Michael Smith; Nathan Prater; Tommy Mosel; Elizabeth Langston; Mike Blankenship; Glenn Reynolds Don Roberts; Fred Semke; John Holder; Corporate Representative on behalf of one or more of the Defend- ants Any witness needed to authenticate exhibits at trial; Any witness necessary for foundation purposes; Any witness necessary for impeachment or rebuttal; Any and all persons discovered and/or deposed between now and the time of trial who will or may be needed by Defendants to tes- tify at trial; Any witness listed as a “may call” or “will call” witness by any other party, so long as that witness was timely disclosed during discovery. If one or more of these witnesses fail or refuse to appear at trial, Defendants may call the same by videotaped deposition and/or deposition transcript. Defendants reserves the right to supplement its lists of witnesses so long as such supplementation does not serve to delay the trial of this matter. Defendants object to Plaintiff calling any witness that is, for the first time in this litigation, identified as a witness in this Consolidated Pretrial Order. (20) The form of all possible verdicts to be considered by the jury are: See Exhibit C, Plaintiffs’ Proposed Verdict Form; Exhibit D, Defendants Proposed Verdict Forms. Defendants propose that the parties supplement this filing with proposed Ver- dict Forms after the Court rules on the pending motions. These rulings will determine the proper parties and issues for the jury’s consideration, which will determine the appropriate Verdict Form. (21) a. The possibilities of settling the case are fair. b. The parties do want the case reported. c. The cost of take down will be paid for equally among the parties, split 1/2 Plaintiff and 1/2 to Defendants. d. Other matters: 12 jurors will be required at trial The parties reserve the right to amend this PTO in the interest of justice by providing amendments to the opposing parties sufficiently prior to trial so as not to delay trial. IT IS HEREBY ORDERED that the foregoing, including the Exhibits attached hereto, constitutes the PTO in the above case and supersedes the pleadings which may not be further amended except by order of the Court to prevent manifest injus- tice. SO ORDERED this _____ day of _______________, 2023. ______________________________ Judge Jaletta L. Smith State Court of Gwinnett County Submitted by: Richard H. Hill, II Robert D. Cheeley Georgia Bar No. 354425 Georgia Bar No. 122727 J. Alex Prescott Andre T. Tennille III Georgia Bar No. 966471 Georgia Bar No. 940510 WEINBERG, WHEELER, HUDGINS, Gabrielle M. Holland GUNN & DIAL, LLC Georgia Bar No. 460601 3344 Peachtree Road, N.E. Gabrielle D. Gravel Suite 2400 Georgia Bar No. 449376 Atlanta, Georgia 30326 CHEELEY LAW GROUP, LLC (404) 876-2700 2500 Old Milton Parkway Counsel for Defendants Suite 200 Alpharetta, Georgia 30009 (770) 814-7001 Neil W. Putnam Georgia Bar No. 590325 NEIL W. PUTNAM, ATTORNEY AT LAW 741 North Central Avenue Hapeville, Georgia 30354 (404) 768-3365 EXHIBIT A # Date Description Bates Nos. 1 11/20/2020 Photo of back of flatbed truck, Smith, M., 8/17/22, deposition, Ex. 1 BFS-Atlantic/Naramore 000450 2 9/28/2021 Citation, paid, Michael Smith, 8/17/22 deposition, Ex. 2 No Bates # 3 11/20/2020 Photo of front of flatbed truck, Smith, M., deposition, 8/17/22, Ex. 3 BFS-Atlantic/Naramore 000445 4 11/20/2020 Photo of front of flatbed truck, client's truck, fire truck, Smith, M., 8/17/22 deposition, Ex. 4 BFS-Atlantic/Naramore 000465 5 11/20/2020 Photo of client's truck, back of flatbed truck, tow truck, police car, Smith, M., 8/17/22 deposition, Ex. 5 BFS-Atlantic/Naramore 000477 6 11/16/2016 Employee Training Agreement, Michael Smith, Langston, 8/24/22 deposition, Ex. 1 BFS-Atlantic/Naramore 000257 7 11/16/2016 Safety Orientation Training Record, Michael Smith, Langston, 8/24/22 deposition, Ex. 2 BFS-Atlantic/Naramore 000258 8 9/27/17, 12/29/17, Speed and Space Management, Compliance Safety Accountability (CSA), Professionalism and Customer Service questions, Smith's answers, BFS-Atlantic/Naramore 000273, 284, 11/30/16, 11/29/17 Langston, 8/24/22 deposition, Ex. 3 348, 293, 298, 312 9 11/24/2020 Driver's Acknowlegment of Training, Michael Smith, Langston, 8/24/22 deposition, Ex. 4 BFS-Atlantic/Naramore 000241 10 11/18/2020 Property Damage Report, Langston, 8/24/22 deposition, Ex. 5 BFS-Atlantic/Naramore 000242 11 11/19/2020 Supervisor's Incident Report, Langston, 8/24/22 deposition, Ex. 6 BFS-Atlantic/Naramore 000243-244 12 undated Driver Issues, The Basics, Langston, 8/24/22 deposition, Ex. 7 BFS-Atlantic/Naramore 000347 13 6/26/2015 Background Report, Michael Smith, Prater, 8/24/22 deposition, Ex 1 BFS-Atlantic/Naramore 000190-196 14 7/15/2016 Acknowlegment of Training, Michael Smith, Prater, 8/24/22 deposition, Ex 2 BFS-Atlantic/Naramore 000329 15 undated Employee Counseling, Michael Smith, Prater, 8/24/22 deposition, Ex 3 BFS-Atlantic/Naramore 000222 16 3/24/2020 Vanguard invoice # 21032AT, JPRO Diagnostic Report, 98 pages, Prater, 8/24/22 deposition, Ex 4 No Bates # 17 11/19/2020 Supervisor's Vehicle Accident Investigation Report, Prater, 8/24/22 deposition, Ex 5 BFS-Atlantic/Naramore 000245 18 7/12/2022 Email from Blankenship to Carmichael RE: attached service tickets, light repairs, Blankenship, 8/25/22 deposition, Ex 1 No Bates # 19 11/18/2020 CARS Report, Blankenship, 8/25/22 deposition, Ex 2 20 7/17/2015 Record of Road Test, Michael Smith, Mosel, 9/23/22 deposition, Ex. 1 BFS-Atlantic/Naramore 000561-562 21 11/18/2020 DVIR / Vehicle: 31220, Mosel, 9/23/22 deposition, Ex. 2 BFS-Atlantic/Naramore 000172 22 11/24/2020 Email rom Mosel to Prater RE: Michael cannot drive until attached is complete, Mosel, 9/23/22 deposition, Ex. 3 BFS-Atlantic/Naramore 000549-550, 000175-177 23 11/19/2020 Supervisor's Incident Report, Mosel, 9/23/22 deposition, Ex. 4 BFS-Atlantic/Naramore 000243-244 24 11/19/2020 Labcorp Screening, Michael Smith, Mosel, 9/23/22 deposition, Ex. 5 BFS-Atlantic/Naramore 000238 25 9/7/2020 S.O.S. Fleet, paid Invoice, brakes worn and camover, adjusted, Mosel, 9/23/22 deposition, Ex. 6 BFS-Atlantic/Naramore 000182 26 11/7/2022 Notice of Deposition, Alexander, 11/14/22 deposition, Ex. 1 No Bates # 27 1/18/2020 CARS Report, Alexander, 11/14/22 deposition, Ex. 2 No Bates # 28 undated Sean Alexander CV, Alexander, 11/14/22 deposition, Ex. 3 No Bates # 29 11/14/2022 Selection Criteria, Alexander, 11/14/22 deposotopn Ex. 4 No Bates # 30 1/18/2020 Download File, Alexander, 11/14/22 deposition, Ex. 5 No Bates # 31 12/19/2022 Deposition Notice, Reynolds / 30b6, 12/29/22 deposition, Ex. 1 No Bates # 32 6/26/2015 Background Report, Michael Smith, Reynolds / 30b6, 12/29/22 deposition, Ex. 2 BFS-Atlantic/Naramore 000190-196 33 9/27/2017 Speed & Space Management questions, Driver Issues, Michael Smith, Reynolds / 30b6, 12/29/22 deposition, Ex. 3 BFS-Atlantic/Naramore 000273 35 11/29/2017 Professionalism & Customer Service questions, Michael Smith, Reynolds / 30b6, 12/29/22 deposition, Ex. 5 BFS-Atlantic/Naramore 000293 36 9/25/2017 Preventive Maintenance, Michael Smith questions, Reynolds / 30b6, 12/29/22 deposition, Ex. 6 BFS-Atlantic/Naramore 000298 37 7/15/2016 BFS Acknowlegment of Training, Michael Smith, Reynolds / 30b6, 12/29/22 deposition, Ex. 7 BFS-Atlantic/Naramore 000329 38 11/30/2016 Driver Issues, The Basics, Michael Smith, Reynolds / 30b6 12/29/22 deposition, Ex. 8 BFS-Atlantic/Naramore 000347-348 39 11/19/2020 Supervisor's Incident Report, Reynolds / 30b6, 12/29/22 deposition, Ex. 9 BFS-Atlantic/Naramore 000243-245 40 12/16/2022 Def's Notice of Nonparty at Fault, Reynolds / 30b6 12/29/22 deposition, Ex. 10 No Bates # 41 11/14/2022 Def's Suppl Resp to PL 1st ROGS, Holder 1/4/23 deposition, Ex 1 No Bates # 42 undated Federal Motor Carrier Sdafety Regulations Pocketboook, Holder 1/4/23 deposition, Ex 2 No Bates # 43 undated Inspection Details, BFS, Holder 1/4/23 deposition, Ex 3 BFS-Atlantic/Naramore 000175-176 11/14/2022 Deposition of Sean Alexander Pgs 112-113, Holder, 1/4/23 deposition, Ex 4 No Bates # 44 1/12/2022 Invoice for professional services, Semke, 1/13/23 deposition, Ex. 1 No Bates # 45 6/2/2021 Email with CV from Semke to Rick Hill, Semke, 1/13/23 deposition, Ex. 2 No Bates # 46 6/11/2021 Letter from Semke to Hill RE agreeing to work on case, Semke, 1/13/23 deposition, Ex. 3 No Bates # 47 8/18/2021 Letter from Semke to Hill RE DVD of photographs of truck, Semke, 1/13/23 deposition, Ex. 4 No Bates # 48 11/23/2021 Letter from Semke RE BFS Truck Examinatio Protocol, Semke 1/13/23 deposition, Ex. 5 No Bates # 49 10/8/2022 Letter from Semke, 2nd exam, BFS truck examination protocol, Semke , 1/13/23 deposition, Ex. 6 No Bates # 50 12/12/2022 Deposition Notice, Semke, 1/13/23 deposition, Ex. 7 No Bates # 51 11/14/2022 Def BFS Suppl Resp to ROGS, Semke, 1/13/23 deposition, Ex. 8 No Bates # 52 10/18/2020 - HOS Driver Logs showing times of day that truck is driven, odometer, driving distance, total hours, for the last 30 days references BFS-Atlantic/Naramore 000001-73 11/18/2020 mygeotab.com (RPD #1) 53 8/17/20-11/18/20 BFS-Atlantic/Naramore 000074-172 DVIR/Vehicle 31220-Inspection reports, forms, checklists for 3 months (we asked for 6 months); referenced mygeotab.com (RPD# 2) 54 3/5/2020 Annual Vehicle Inspection Report & FMCSA label BFS-Atlantic/Naramore 000173-174 55 11/18/2020 Inspection Details with violations BFS-Atlantic/Naramore 000175-176 56 Action Plan, Driving violations, action plan; unsafe driving, following too close; tire separation; expired medical card BFS-Atlantic/Naramore 000177 57 7/21/2020 SOS Fleet Management Invoice, tail lights, cab, wiring (RPD# 3) BFS-Atlantic/Naramore 000178 58 7/28/2020 SOS Fleet Management Invoice, RR broken light (RPD# 3) BFS-Atlantic/Naramore 000179 59 8/10/2020 SOS Fleet Management Invoice, air pressure (RPD# 3) BFS-Atlantic/Naramore 000180 60 8/31/2020 SOS Fleet Management Invoice, lift lights (RPD# 3) BFS-Atlantic/Naramore 000181 61 9/7/2020 SOS Fleet Management Invoice, Brakes, shoes worn, talk to dealer for warranty (RPD# 3) BFS-Atlantic/Naramore 000182 62 11/16/2020 SOS Fleet Management Invoice, Work lights, wiring (RPD# 3) BFS-Atlantic/Naramore 000183 63 11/9/2020 Vanguard Invoice, Brake repair, recall invoice (RPD# 3) BFS-Atlantic/Naramore 000184-186 64 11/18/2020 Police report (RPD# 4, #21) BFS-Atlantic/Naramore 000187-189, 243- 245 65 7/2/2015 BFS-Atlantic/Naramore 000190-443 Background report, application, training, etc. – personnel file on Michael Smith (RPD #11, #17) 66 Defendant Smith’s driving history (RPD #19) BFS-Atlantic/Naramore 000193-196, 218, 223-224, 263-266, 398-403, 416-433 67 Photos, videos, drawings (RPD #6) BFS-Atlantic/Naramore 000444-493 68 Traffic citation BFS-Atlantic/Naramore 000494-495 69 Arraignment notice BFS-Atlantic/Naramore 000496 70 11/18/2020 BFS-Atlantic/Naramore 000497-499 Delivery run 71 11/18/2020 Driver daily log BFS-Atlantic/Naramore 000500 72 11/18/2020 Speed profile BFS-Atlantic/Naramore 000501 73 11/18/2020 BFS-Atlantic/Naramore 000502-503 Collision reconstruction 74 11/18/2020 BFS-Atlantic/Naramore 000504-518 Log data and collision report 75 11/18/2020 BFS-Atlantic/Naramore 000519-520 Verizon cell records 76 11/18/2020 BFS-Atlantic/Naramore 000521-522 Text records 77 BFS-Atlantic/Naramore 000523-542 Insurance policies (RPD #28) 78 Michael Smith Traffic citations, final disposition (RPD# 7) Smith/Naramore000001-3 79 Michael Smith driver’s license (RPD #18) Smith/Naramore000004-5 80 Vanguard Invoice # 21032, Inspection of brake drums 1,2 81 Vanguard Invoice 21892 3,4 82 Vanguard Assist Case Notes, Inivoice 21032 5, 6, 7 83 Vanguard Assist Case Notes, Inivoice 21892 8, 9 84 Vanguard Email 10 85 Vanguard Photograph 1130 11 86 Vanguard Photograph 1131 12 87 Vanguard Photograph 1132 13 88 Vanguard Photograph 1133 14 89 Vanguard Photograph 1134 15 90 Vanguard Photograph 1135 16 91 Vanguard Photograph 1136 17 92 Vanguard Photograph 1137 18 93 Vanguard Photograph 1138 19 94 Vanguard Photograph 1139 20 95 Vanguard Photograph 1140 No Bates # 96 Letter HBS to all attorneys from Hall Booth RE both document productions, and their Bates #s No Bates # 97 11/6/2020 Vanguard Repair Order 21892 21 98 Nathan Prater business card 22 99 Vanguard Work Order 21032, Rear brakes, repair under warranty 23 100 Vanguard, JPRO Diagnostic Report 24-26 101 Vanguard, Warranty coverage, no recalls or bulletins for this vehicle 27-28 102 9/8/2020 Vanguard, Service Request Form, signed by Nathan Prater 29-30 103 9/8/2020 Vanguard,Asist Form, tech found all 4 rear brakes and drums need replacing, $2197.23 31 104 9/8/2020 Vanguard,31032AT Warranty, rear brakes, cost breakdown 32-33 105 9/8/2020 Vanguard,Invoice 21032AT, Brake drum replacement 34-35 106 9/8/2020 Vanguard, Invoice 21032AT, Inspection, brake drum 36-37 107 9/8/2020 Vanguard, Accounting 21032AT, Net and total costs 38-39 108 9/8/2020 Vanguard, Invoice 21032AT, Inspection, brake kit, all 4 rear brakes and drums need replacing 40 109 9/8/2020 Duplicate of above 41 110 9/8/2020 Vanguard, Invoice 21032AT, Net and total costs 42 111 9/8/2020 Vanguard, Work Order 21032AT, Inspection-check rear brakes 43 112 9/15/2020 Vanguard, Road Test Checklist 44 113 11/6/2020 Vanguard, Work Order 21892AT, Pedal carrier date code inspection 45 114 11/6/2020 Vanguard, Vehicle Data Administration 46-47 115 11/6/2020 Vanguard, JPRO Diagnostic Report 48-50 116 11/6/2020 Vanguard, Service Request Form, Recall 51-52 117 11/6/2020 Vanguard, Road Test Checklist 53 118 11/6/2020 Vanguard, Warranty 21892AT, Pedal carrier date code inspection 54-55 119 11/6/2020 Vanguard, Invoice 21892AT, Pedal carrier date code inspection 56-57 120 11/6/2020 Vanguard, Invoice 21892AT, Pedal carrier date code inspection 58-59 121 11/6/2020 Vanguard, Accounting 21892AT, Pedal carrier date code inspection 60-61 122 11/6/2020 Vanguard, Invoice 21892AT, Pedal carrier date code inspection 62-63 123 11/6/2020 Vanguard, Invoice 21892AT, Pedal carrier date code inspection 64-65 124 11/6/2020 Vanguard, Accounting 21892AT, Pedal carrier date code inspection 66-67 125 11/6/2020 Vanguard, Workorder 21892AT, Pedal carrier date code inspection 68 126 Vanguard, Photographs 69-73 127 Nathan Prater business card 74 128 Vanguard, Service Notes 75 129 11/6/2020 Vanguard, Work Order 21892AT, Pedal carrier date code inspection 76 130 11/6/2020 Vanguard, VDA 77-78 131 11/6/2020 Vanguard, JRPO Diagnostic Report 79-81 132 Vanguard, Service Request Form-recall 82-83 133 Vanguard, Road Test Checklist 84 134 11/6/2020 Vanguard, Warranty 21892AT, Removed inlet dpf clamp and gasket, installed new clamp and gasket, all good 85-86 135 11/6/2020 Vanguard, Invoice 21892AT, Pedal carrier date code inspection 87-88 136 11/6/2020 Vanguard, Invoice 21892AT, Pedal carrier date code inspection 89-90 137 11/6/2020 Vanguard, Accounting 21892Tc, Pedal carrier date code inspection 91-92 138 11/6/2020 Vanguard, Invoice 21892AT, Pedal carrier date code inspection 93-94 139 11/6/2020 Vanguard, Invoice 21892AT, Pedal carrier date code inspection 95-96 140 11/6/2020 Vanguard, Invoice 21892AT, Pedal carrier date code inspection 97-98 141 11/6/2020 Vanguard, Workorder 21892AT, Pedal carrier date code inspection 99 142 7/21/2020 SOS Fleet, Invoice 64078, On-site service: lights, labor-light switch inside cab, wiring R/R 143 7/28/2020 SOS Fleet, Invoice 64171, On-site service: lights, labor -repaired wiring and broken light 144 8/10/2020 SOS Fleet, Invoice 64345, On-site service: air pressure, labor 145 8/31/2020 SOS Fleet, Invoice 64628, On-site service: lift lights; labor inspection, repair wiring and R/R blown light 146 9/7/2020 SOS Fleet, Invoice 64745, On-site service: brakes; labor-inspect brakes, found shoes worn out, brakes cam over; adjusted brakes, advised customer, they are taking to dealer for warranty 147 11/16/2020 SOS Fleet, Invoice 65812, On-site service: work lights, labor inspection work lights and repaired wiring 148 7/12/2022 Email from Mike Blankenship RE attached every service ticket on the truck; comments on truck only has 10k miles, brakes should have been basically still new; sys contact Vanguard 149 12/17/2020 Bendix ACom Pro Diagnostics DTC Report 1 thru 7 150 12/17/2020 EC80 Event Report 1 thru 4 151 12/17/2020 EC80 Event Report 1 thru 4 152 1/15/2021 Delta Volvo Data Imaging Report 1 thru 62 153 Training Audios and Videos – 6 folders 154 155 156 157 158 159 160 All photographs