Preview
Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Aug 01 5:41 PM-21CV003102
0G485 - K8
IN THE COURT OF COMMON PLEAS
FRANKLIN COUNTY, OHIO
JAQOIYA K. ROGERS, et al., * Case No.: 21-CV-003102
Plaintiffs, Judge Michael Holbrook
V. MOTION IN LIMINE OF DEFENDANT
PENSKE TRUCK LEASING CO., L.P.
BRITTANY R. MCGHEE, et al., TO PRECLUDE EVIDENCE OF DON
HAMILTON’S TERMINATION
Defendants.
Russell W. Porritt Il (0062612)
Michael D. Bryant (0067907)
Andrew J. Stough (0074114)
WARD, ANDERSON, PORRITT,
BRYANT, LORD & ZACHARY
3231 Central Park West, Suite 108
Toledo, Ohio 43617
PH: (419) 841-7211
rporrii@wardanderson.com
mbryant@wardanderson. com
astough@ wardandersan com
Attorneys for Defendant/Third-Party
Plaintiff Penske Truck Leasing Co., L.P.
Now comes defendant Penske Truck Leasing Co., L.P. (“Penske”), by and through
undersigned counsel, and pursuant to Ohio Rules of Evidence 401, 402 and 403, hereby
moves this Honorable Court for an order in limine precluding any testimony or
documentary evidence of Penske’s termination of their former employee, Don Hamilton.
In support of this motion, Penske relies on the attached memorandum in support and
exhibits.
Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Aug 01 5:41 PM-21CV003102
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Respectfully submitted,
WARD, ANDERSON, PORRITT, BRYANT,
LORD & ZACHARY
By: /s/Russell W. Porritt II
Russell W. Porritt Il (0062612)-Trial Attorney
Michael D. Bryant (0067907)
Andrew J. Stough (0074114)
3231 Central Park West, Suite 108
Toledo, Ohio 43617
PH: (419) 841-7211
rorritt@ wardal iersor.com
moryant@wardanderson.com
astqugh@wardanderson.com
Attorneys for Defendant/Third-Party Plaintiff
Penske Truck Leasing Co., L.P.
Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Aug 01 5:41 PM-21CV003102
0G485 - K8
MEMORANDUM IN SUPPORT
I Background
This case arises out of a pedestrian vs. tractor trailer accident that occurred at
approximately 11:25 p.m. on northbound I-71 in Columbus, Ohio wherein a tractor trailer
struck plaintiff Jaqoiya Rogers. At the time of the accident, the tractor trailer was operated
by defendant Larry Williams while driving for his employer and motor carrier, defendant
Millcraft Paper Company. (“Millcraft”) The tractor and trailer were owned by Penske and
leased to Millcraft at the time of the accident under the terms of a lease agreement that
provided that Penske would maintain same.
Plaintiffs’ sole allegation against Penske is that they were negligent in “failing to
inspect, repair and maintain the semi’s braking system prior to the Accident.”’ During the
course of discovery, Penske produced its pre and post-accident maintenance records for
the tractor and trailer involved in the subject accident. In turn, plaintiffs deposed eleven
different current and/or former Penske employees identified in the maintenance records.
In doing so, plaintiffs’ counsel questioned the Penske employees extensively about their
respective roles with respect to the maintenance of the tractor and trailer, and about
Penske’s policies and procedures concerning maintenance.
One former employee deposed by plaintiffs was Don Hamilton. During the course
of his deposition, Mr. Hamilton was asked about the circumstances under which he left
Penske and testified that he was terminated in April 2021, nearly two years following the
July 17, 2019 accident, following a positive random drug screen:
' See Plaintiffs’ Second Amended Complaint, Third Claim for Relief.
3
Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Aug 01 5:41 PM-21CV003102
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Okay. And when did you leave Penske?
Last April, '21.
4/21 of ’21, correct?
Yes.
And what were the circumstances under which you left Penske?
Termination.
Okay. And can you explain to me the reason for the termination.
MR. STOUGH: Objection. You can go ahead and answer.
You can answer.
MR. STOUGH: Go ahead and answer.
Failed drug test.
Let me ask you a few questions about the drug screening. How
often did they--did Penske do drug screening?
As far as me, personally?
Yeah.
That would have been my third one within a matter of four months.
And let's back up. Did you have a drug screen when you--when
you were initially hired?
Yes.
And then after that, was it, like, on aregular basis, every year, every
six months, if you recall?
It was random.
It was random. Do you have any idea how many drug screens that
you’ve—you had while at Penske? Just ballpark.
Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Aug 01 5:41 PM-21CV003102
0G485 - K8
One every year, mandatory for my DOT license and outside of
those, I’d say about six or seven.
The failed drug test, was that the first time you had failed a drug
test at Penske?
Yes.
What was the nature of the drug?
THC gummies.
THC?
Yes.
Okay. All right. Any other disciplinary action that you had been
subject to while you were at Penske?
A No.
Deposition of Don Hamilton, pp. 8-10.?
Following Don Hamilton’s deposition, plaintiffs propounded discovery on Penske
requesting all records concerning his termination and positive drug test results. In
response, Penske produced a Penske termination action form dated April 15, 2021 and
a termination notice letter to Mr. Hamilton dated April 16, 2021, both of which confirm Mr.
Hamilton’s deposition testimony that Penske terminated him due to the positive drug
screening.
Penske submits that plaintiffs and other parties be precluded from eliciting any
testimony from any witnesses concerning Penske’s termination of Mr. Hamilton. Further,
any documentary evidence of Mr. Hamilton’s termination should be excluded from
evidence.
? A copy of the pertinent portions of Don Hamilton’s deposition transcript is attached hereto as Exhibit 1
5
Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Aug 01 5:41 PM-21CV003102
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I. Law and Argument
In order to recover on a negligence claim, a plaintiff must prove (1) that the
defendant owed the plaintiff a duty, (2) that the defendant breached that duty, and (3) that
the breach of the duty proximately caused the plaintiff's injuries. Chambers v. St. Mary’s
School, 82 Ohio St.3d 563, 565, 1998-Ohio-184 citing Wellman v. E. Ohio Gas Co. (1953)
160 Ohio St. 103, 108-109. In this case, plaintiff Jaqoiya Rogers alleges that Penske
breached a duty owed to her by failing to maintain the braking system of the tractor trailer,
and that such breach proximately caused her to suffer injuries on July 17, 2019.
Ohio Evidence Rule 402 provides that evidence which is not relevant is not
admissible. Ohio Evidence Rule 401 defines “relevant evidence’ as evidence having any
tendency to make the existence of any fact that it of consequence to the determination of
the action more probable or less probable than it would be without the evidence.
With respect to Mr. Hamilton, any testimony or documentary evidence of the fact
that he tested positive for THC nearly two years after the subject accident, despite
passing previous random drug screenings, has no bearing on the issue of whether
Penske was negligent prior to the time of the accident. In other words, Mr. Hamilton’s
termination for a positive drug screening in no way makes the determination of whether
Penske acted negligently two years prior more probable or less probable than it would be
without such evidence. There is simply no link between the condition of the braking
system of the tractor trailer on July 17, 2019 and Mr. Hamilton’s positive drug screen two
years later, and to allow such evidence at trial would invite reversible error.
Even assuming that the evidence is somehow relevant, it should still be excluded
under Evid.R. 403 which provides that although relevant, evidence is not admissible if its
6
Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Aug 01 5:41 PM-21CV003102
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probative value is substantially outweighed by the danger of unfair prejudice, of confusion
of the issues, or of misleading the jury. In this case, any small probative value of evidence
of Mr. Hamilton’s termination and the reason therefore is substantially outweighed by the
very real danger of unfair prejudice. Penske submits that jurors will give too much weight
to such evidence, and find that Penske was negligent solely because one employee
tested positive for THC nearly two years after to the MVA, and more than two years after
March 25, 2019, the date he last performed any maintenance to this particular tractor’s
brakes.
WHEREFORE, defendant Penske Truck leasing Co., L.P. respectfully requests an
order in limine precluding any testimony or documentary evidence of Penske’s
termination of their former employee, Don Hamilton.
Respectfully submitted,
WARD, ANDERSON, PORRITT, BRYANT,
LORD & ZACHARY
By: /s/ Russell W. Porritt II
Russell W. Porritt II (0062612)-Trial Attorney
Michael D. Bryant (0067907)
Andrew J. Stough (0074114)
3231 Central Park West, Suite 108
Toledo, Ohio 43617
PH: (419) 841-7211
rporriti@wardanderson.com
moryvantg wardanderson.com
astough@wardandsrsen.com
Attorneys for Defendant/Third-Party Plaintiff
Penske Truck Leasing Co., LP.
Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Aug 01 5:41 PM-21CV003102
0G485 - K9
CERTIFICATE OF SERVICE
| hereby certify that on August 1, 2023, a true and accurate copy of this document
was forwarded via e-mail to the following:
John K. Fitch ohn: aby 03
Kirstin A. Peterson ki rstin: af OM
Attorneys for Plaintiffs
William B. Benson bill benson law
Mark C. Melko mmelko@.
Drew D. Price dpricedd agner: ars. COM
Attorneys for Defendants The Millcraft Paper Company and Larry Williams
Madeline M. Lamb madeline@iambisyaiservices com
Lisa C. Haase ihaase@or law: com
Trent M. Thacker ithacker Surryron Lom
Attorneys for Defendant Brittany R. McGhee
Christopher Ryan christopher: yang@mccormickbarstow.cor
Patrick Fredette airick fredetia@r ckbarstow c
Attorneys for Third-Party Defendant Federal Insurance Company
Dennis V. Yacobozzi II dyacoborni@ydieqal.corm
Attorney for Involuntary Plaintiff Ohio Department of Medicaid
/s/ Russell W. Porritt II
Russell W. Porritt Il (0062612)
Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Aug 01 5:41 PM-21CV003102
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EXHIBIT 1
Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Aug 01 5:41 PM-21CV003102
0G485 - K9
IN THE COURT OF COMMON PLEAS
FRANKLIN COUNTY, OHIO
JAQOIYA K. ROGERS, et al.,
Plaintiffs,
vs. CASE NO. 21-CVv-003102
JUDGE HOLDBROOK
BRITTANY R. McCGHEE, et al.,
Defendants.
----+
10
121 Videotaped deposition of DONALD HAMILTON,
12 taken as if upon direct examination before Christy
13 R. Dickman, a Notary Public within and for the
14 State of Ohio, at Nurenberg, Paris, Heller &
15 McCarthy Co., LPA, 600 Superior Avenue East, Suite
16 1200, Cleveland, Ohio, at 10:34 A.M. on Thursday,
17 October 20, 2022, pursuant to notice and/or
18 stipulations of counsel, on behalf of the
19 Plaintiffs in this cause.
20
21 ----
WARE REPORTING SERVICE, LLC
22 21860 CROSSBEAM LANE
ROCKY RIVER, OHIO 44116
23 216.533.7606
www .WareReportingService.com
24
25
Ware Reporting Service, LLC
216.533.7606
Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Aug 01 5:41 PM-21CV003102
0G485 - K9
JAQOIYA K. ROGERS, et al. v. BRITTANY R. McGHEE, et al.
DONALD HAMILTON on 10/20/2022
higher up, and a Tech I basically needs no
supervision to facilitate their job.
Okay. And while you were at Penske, did you remain
a Tech III or did you move up?
No. I moved up.
Okay. Do you know how long it was before you
became a Tech II?
I think it was two to three years.
And did you eventually become a Tech I?
10 Yes.
11 Do you recall when that was?
12 About a year and a half to two years after becoming
13 a Tech II.
14 Okay. And when did you leave Penske?
15 Last April, "21.
16 4/21 of ‘21, correct?
17 Yes.
18 And what were the circumstances under which you
19 left Penske?
20 Termination.
21 Okay. And can you explain to me the reason for the
22 termination.
23 MR. STOUGH: Objection. You can go
24 ahead and answer.
25 You can answer.
Ware Reporting Service, LLC
216.533.7606
Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Aug 01 5:41 PM-21CV003102
0G485 - K9
JAQOIYA K. ROGERS, et al. v. BRITTANY R. McGHEE, et al.
DONALD HAMILTON on 10/20/2022
MR. STOUGH: Go ahead and answer.
Failed drug test.
Let me ask you a few questions about the drug
screening. How often did they -- did Penske do
drug screening?
As far as me, personally?
Yeah.
That would have been my third one within a matter
of four months.
10 And let's back up. Did you have a drug screen when
11 you -—- when you were initially hired?
12 Yes
13 And then after that, was it, like, on a regular
14 basis, every year, every six months, if you recall?
15 It was random.
16 It was random. Do you have any idea how many drug
17 screens that you've -—- you had while at Penske?
18 Just ballpark.
19 One every year, mandatory for my DOT license and
20 outside of those, I'd say about six or seven.
21 The failed drug test, was that the first time you
22 had failed a drug test at Penske?
23 Yes.
24 What was the nature of the drug?
25 THC gummies.
Ware Reporting Service, LLC
216.533.7606
Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Aug 01 5:41 PM-21CV003102
0G485 - K9
JAQOIYA K. ROGERS, et al. v. BRITTANY R. McGHEE, et al.
DONALD HAMILTON on 10/20/2022 10
Q THC?
A Yes.
Okay. All right. Any other disciplinary action
that you had been subject to while you were at
Penske?
No.
And what about current employment, are you
currently employed?
Yes.
10 And where are you employed at?
11 Ryder.
12 And how long have you been employed at Ryder?
13 One year next month.
14 And what -- what are your duties at Ryder?
15 Same that it was at Penske, a technician.
16 All right. Did you receive any training while
17 there at Penske?
18 Yes.
19 Tell me about that training.
20 Off the top of my head, I can't remember specific
21 training modules, but I've done after treatment
22 systems, electrical -- yeah, I can't -- I can't
23 remember specifics.
24 Let's -- let's focus in on brakes specifically. Do
25 you remember any -- receiving any training while at
Ware Reporting Service, LLC
216.533.7606
Preview
Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Aug 01 5:41 PM-21CV003102 0G485 - K8 IN THE COURT OF COMMON PLEAS FRANKLIN COUNTY, OHIO JAQOIYA K. ROGERS, et al., * Case No.: 21-CV-003102 Plaintiffs, Judge Michael Holbrook V. MOTION IN LIMINE OF DEFENDANT PENSKE TRUCK LEASING CO., L.P. BRITTANY R. MCGHEE, et al., TO PRECLUDE EVIDENCE OF DON HAMILTON’S TERMINATION Defendants. Russell W. Porritt Il (0062612) Michael D. Bryant (0067907) Andrew J. Stough (0074114) WARD, ANDERSON, PORRITT, BRYANT, LORD & ZACHARY 3231 Central Park West, Suite 108 Toledo, Ohio 43617 PH: (419) 841-7211 rporrii@wardanderson.com mbryant@wardanderson. com astough@ wardandersan com Attorneys for Defendant/Third-Party Plaintiff Penske Truck Leasing Co., L.P. Now comes defendant Penske Truck Leasing Co., L.P. (“Penske”), by and through undersigned counsel, and pursuant to Ohio Rules of Evidence 401, 402 and 403, hereby moves this Honorable Court for an order in limine precluding any testimony or documentary evidence of Penske’s termination of their former employee, Don Hamilton. In support of this motion, Penske relies on the attached memorandum in support and exhibits. Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Aug 01 5:41 PM-21CV003102 0G485 - K8 Respectfully submitted, WARD, ANDERSON, PORRITT, BRYANT, LORD & ZACHARY By: /s/Russell W. Porritt II Russell W. Porritt Il (0062612)-Trial Attorney Michael D. Bryant (0067907) Andrew J. Stough (0074114) 3231 Central Park West, Suite 108 Toledo, Ohio 43617 PH: (419) 841-7211 rorritt@ wardal iersor.com moryant@wardanderson.com astqugh@wardanderson.com Attorneys for Defendant/Third-Party Plaintiff Penske Truck Leasing Co., L.P. Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Aug 01 5:41 PM-21CV003102 0G485 - K8 MEMORANDUM IN SUPPORT I Background This case arises out of a pedestrian vs. tractor trailer accident that occurred at approximately 11:25 p.m. on northbound I-71 in Columbus, Ohio wherein a tractor trailer struck plaintiff Jaqoiya Rogers. At the time of the accident, the tractor trailer was operated by defendant Larry Williams while driving for his employer and motor carrier, defendant Millcraft Paper Company. (“Millcraft”) The tractor and trailer were owned by Penske and leased to Millcraft at the time of the accident under the terms of a lease agreement that provided that Penske would maintain same. Plaintiffs’ sole allegation against Penske is that they were negligent in “failing to inspect, repair and maintain the semi’s braking system prior to the Accident.”’ During the course of discovery, Penske produced its pre and post-accident maintenance records for the tractor and trailer involved in the subject accident. In turn, plaintiffs deposed eleven different current and/or former Penske employees identified in the maintenance records. In doing so, plaintiffs’ counsel questioned the Penske employees extensively about their respective roles with respect to the maintenance of the tractor and trailer, and about Penske’s policies and procedures concerning maintenance. One former employee deposed by plaintiffs was Don Hamilton. During the course of his deposition, Mr. Hamilton was asked about the circumstances under which he left Penske and testified that he was terminated in April 2021, nearly two years following the July 17, 2019 accident, following a positive random drug screen: ' See Plaintiffs’ Second Amended Complaint, Third Claim for Relief. 3 Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Aug 01 5:41 PM-21CV003102 0G485 - K8 Okay. And when did you leave Penske? Last April, '21. 4/21 of ’21, correct? Yes. And what were the circumstances under which you left Penske? Termination. Okay. And can you explain to me the reason for the termination. MR. STOUGH: Objection. You can go ahead and answer. You can answer. MR. STOUGH: Go ahead and answer. Failed drug test. Let me ask you a few questions about the drug screening. How often did they--did Penske do drug screening? As far as me, personally? Yeah. That would have been my third one within a matter of four months. And let's back up. Did you have a drug screen when you--when you were initially hired? Yes. And then after that, was it, like, on aregular basis, every year, every six months, if you recall? It was random. It was random. Do you have any idea how many drug screens that you’ve—you had while at Penske? Just ballpark. Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Aug 01 5:41 PM-21CV003102 0G485 - K8 One every year, mandatory for my DOT license and outside of those, I’d say about six or seven. The failed drug test, was that the first time you had failed a drug test at Penske? Yes. What was the nature of the drug? THC gummies. THC? Yes. Okay. All right. Any other disciplinary action that you had been subject to while you were at Penske? A No. Deposition of Don Hamilton, pp. 8-10.? Following Don Hamilton’s deposition, plaintiffs propounded discovery on Penske requesting all records concerning his termination and positive drug test results. In response, Penske produced a Penske termination action form dated April 15, 2021 and a termination notice letter to Mr. Hamilton dated April 16, 2021, both of which confirm Mr. Hamilton’s deposition testimony that Penske terminated him due to the positive drug screening. Penske submits that plaintiffs and other parties be precluded from eliciting any testimony from any witnesses concerning Penske’s termination of Mr. Hamilton. Further, any documentary evidence of Mr. Hamilton’s termination should be excluded from evidence. ? A copy of the pertinent portions of Don Hamilton’s deposition transcript is attached hereto as Exhibit 1 5 Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Aug 01 5:41 PM-21CV003102 0G485 - K9 I. Law and Argument In order to recover on a negligence claim, a plaintiff must prove (1) that the defendant owed the plaintiff a duty, (2) that the defendant breached that duty, and (3) that the breach of the duty proximately caused the plaintiff's injuries. Chambers v. St. Mary’s School, 82 Ohio St.3d 563, 565, 1998-Ohio-184 citing Wellman v. E. Ohio Gas Co. (1953) 160 Ohio St. 103, 108-109. In this case, plaintiff Jaqoiya Rogers alleges that Penske breached a duty owed to her by failing to maintain the braking system of the tractor trailer, and that such breach proximately caused her to suffer injuries on July 17, 2019. Ohio Evidence Rule 402 provides that evidence which is not relevant is not admissible. Ohio Evidence Rule 401 defines “relevant evidence’ as evidence having any tendency to make the existence of any fact that it of consequence to the determination of the action more probable or less probable than it would be without the evidence. With respect to Mr. Hamilton, any testimony or documentary evidence of the fact that he tested positive for THC nearly two years after the subject accident, despite passing previous random drug screenings, has no bearing on the issue of whether Penske was negligent prior to the time of the accident. In other words, Mr. Hamilton’s termination for a positive drug screening in no way makes the determination of whether Penske acted negligently two years prior more probable or less probable than it would be without such evidence. There is simply no link between the condition of the braking system of the tractor trailer on July 17, 2019 and Mr. Hamilton’s positive drug screen two years later, and to allow such evidence at trial would invite reversible error. Even assuming that the evidence is somehow relevant, it should still be excluded under Evid.R. 403 which provides that although relevant, evidence is not admissible if its 6 Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Aug 01 5:41 PM-21CV003102 0G485 - K9 probative value is substantially outweighed by the danger of unfair prejudice, of confusion of the issues, or of misleading the jury. In this case, any small probative value of evidence of Mr. Hamilton’s termination and the reason therefore is substantially outweighed by the very real danger of unfair prejudice. Penske submits that jurors will give too much weight to such evidence, and find that Penske was negligent solely because one employee tested positive for THC nearly two years after to the MVA, and more than two years after March 25, 2019, the date he last performed any maintenance to this particular tractor’s brakes. WHEREFORE, defendant Penske Truck leasing Co., L.P. respectfully requests an order in limine precluding any testimony or documentary evidence of Penske’s termination of their former employee, Don Hamilton. Respectfully submitted, WARD, ANDERSON, PORRITT, BRYANT, LORD & ZACHARY By: /s/ Russell W. Porritt II Russell W. Porritt II (0062612)-Trial Attorney Michael D. Bryant (0067907) Andrew J. Stough (0074114) 3231 Central Park West, Suite 108 Toledo, Ohio 43617 PH: (419) 841-7211 rporriti@wardanderson.com moryvantg wardanderson.com astough@wardandsrsen.com Attorneys for Defendant/Third-Party Plaintiff Penske Truck Leasing Co., LP. Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Aug 01 5:41 PM-21CV003102 0G485 - K9 CERTIFICATE OF SERVICE | hereby certify that on August 1, 2023, a true and accurate copy of this document was forwarded via e-mail to the following: John K. Fitch ohn: aby 03 Kirstin A. Peterson ki rstin: af OM Attorneys for Plaintiffs William B. Benson bill benson law Mark C. Melko mmelko@. Drew D. Price dpricedd agner: ars. COM Attorneys for Defendants The Millcraft Paper Company and Larry Williams Madeline M. Lamb madeline@iambisyaiservices com Lisa C. Haase ihaase@or law: com Trent M. Thacker ithacker Surryron Lom Attorneys for Defendant Brittany R. McGhee Christopher Ryan christopher: yang@mccormickbarstow.cor Patrick Fredette airick fredetia@r ckbarstow c Attorneys for Third-Party Defendant Federal Insurance Company Dennis V. Yacobozzi II dyacoborni@ydieqal.corm Attorney for Involuntary Plaintiff Ohio Department of Medicaid /s/ Russell W. Porritt II Russell W. Porritt Il (0062612) Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Aug 01 5:41 PM-21CV003102 0G485 - K9 EXHIBIT 1 Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Aug 01 5:41 PM-21CV003102 0G485 - K9 IN THE COURT OF COMMON PLEAS FRANKLIN COUNTY, OHIO JAQOIYA K. ROGERS, et al., Plaintiffs, vs. CASE NO. 21-CVv-003102 JUDGE HOLDBROOK BRITTANY R. McCGHEE, et al., Defendants. ----+ 10 121 Videotaped deposition of DONALD HAMILTON, 12 taken as if upon direct examination before Christy 13 R. Dickman, a Notary Public within and for the 14 State of Ohio, at Nurenberg, Paris, Heller & 15 McCarthy Co., LPA, 600 Superior Avenue East, Suite 16 1200, Cleveland, Ohio, at 10:34 A.M. on Thursday, 17 October 20, 2022, pursuant to notice and/or 18 stipulations of counsel, on behalf of the 19 Plaintiffs in this cause. 20 21 ---- WARE REPORTING SERVICE, LLC 22 21860 CROSSBEAM LANE ROCKY RIVER, OHIO 44116 23 216.533.7606 www .WareReportingService.com 24 25 Ware Reporting Service, LLC 216.533.7606 Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Aug 01 5:41 PM-21CV003102 0G485 - K9 JAQOIYA K. ROGERS, et al. v. BRITTANY R. McGHEE, et al. DONALD HAMILTON on 10/20/2022 higher up, and a Tech I basically needs no supervision to facilitate their job. Okay. And while you were at Penske, did you remain a Tech III or did you move up? No. I moved up. Okay. Do you know how long it was before you became a Tech II? I think it was two to three years. And did you eventually become a Tech I? 10 Yes. 11 Do you recall when that was? 12 About a year and a half to two years after becoming 13 a Tech II. 14 Okay. And when did you leave Penske? 15 Last April, "21. 16 4/21 of ‘21, correct? 17 Yes. 18 And what were the circumstances under which you 19 left Penske? 20 Termination. 21 Okay. And can you explain to me the reason for the 22 termination. 23 MR. STOUGH: Objection. You can go 24 ahead and answer. 25 You can answer. Ware Reporting Service, LLC 216.533.7606 Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Aug 01 5:41 PM-21CV003102 0G485 - K9 JAQOIYA K. ROGERS, et al. v. BRITTANY R. McGHEE, et al. DONALD HAMILTON on 10/20/2022 MR. STOUGH: Go ahead and answer. Failed drug test. Let me ask you a few questions about the drug screening. How often did they -- did Penske do drug screening? As far as me, personally? Yeah. That would have been my third one within a matter of four months. 10 And let's back up. Did you have a drug screen when 11 you -—- when you were initially hired? 12 Yes 13 And then after that, was it, like, on a regular 14 basis, every year, every six months, if you recall? 15 It was random. 16 It was random. Do you have any idea how many drug 17 screens that you've -—- you had while at Penske? 18 Just ballpark. 19 One every year, mandatory for my DOT license and 20 outside of those, I'd say about six or seven. 21 The failed drug test, was that the first time you 22 had failed a drug test at Penske? 23 Yes. 24 What was the nature of the drug? 25 THC gummies. Ware Reporting Service, LLC 216.533.7606 Franklin County Ohio Clerk of Courts of the Common Pleas- 2023 Aug 01 5:41 PM-21CV003102 0G485 - K9 JAQOIYA K. ROGERS, et al. v. BRITTANY R. McGHEE, et al. DONALD HAMILTON on 10/20/2022 10 Q THC? A Yes. Okay. All right. Any other disciplinary action that you had been subject to while you were at Penske? No. And what about current employment, are you currently employed? Yes. 10 And where are you employed at? 11 Ryder. 12 And how long have you been employed at Ryder? 13 One year next month. 14 And what -- what are your duties at Ryder? 15 Same that it was at Penske, a technician. 16 All right. Did you receive any training while 17 there at Penske? 18 Yes. 19 Tell me about that training. 20 Off the top of my head, I can't remember specific 21 training modules, but I've done after treatment 22 systems, electrical -- yeah, I can't -- I can't 23 remember specifics. 24 Let's -- let's focus in on brakes specifically. Do 25 you remember any -- receiving any training while at Ware Reporting Service, LLC 216.533.7606