Preview
FILED
DALLAS COUNTY
1 ClT/ESERVE 1/31/2020 2:13 PM
FELICIA PITRE
DISTRICT CLERK
Alicia Mata
CAUSE NO. DC-1 9-1 0926
VASHONE RHODES; IN THE DISTRICT COURT OF
Plaintiff,
VS. WWWWWWWWW
DALLAS COUNTY, TEXAS
JAMES GOMEZ;
Defendant. 160th JUDICIAL DISTRICT
PLAINTIFF'S FIRST AMENDED ORIGINAL PETITION AND DISCOVERY
REQUESTS TO DEFENDANT EXCLUSIVE NATIONWIDE DELIVERY, INC.
Plaintiff Vashone Rhodes files Plaintiff's First Amended Original Petition
complaining of Defendants James Gomez and Exclusive Nationwide Delivery,
Inc.
l. DISCOVERY CONTROL PLAN
Discovew is intended to be conducted under Level 3 pursuant to Rule 190
of the TEXAS RULES 0F CIVIL PROCEDURE.
ll. RULE 47 PLEADING REQUIREMENTS
As required by Rule 47(b), Texas Rules of Civil Procedure, Plaintiff's
counsel states that the damages sought are in an amount within the
jurisdictional limits of this Court. As required by Rule 47(0), Texas Rules of Civil
Procedure, Plaintiff's counsel states that Plaintiff seeks monetary relief between
$200,000, but not over $1 ,OO0,000. The amount of monetary relief actually
awarded, however, will ultimately be determined by a jury. Plaintiff also seeks
pre-judgment and post—judgment interest at the highest legal rate.
PLAINTIFF'S FIRST AMENDED ORIGINAL PETITION AND DISCOVERY REQUESTS TO
DEFENDANT — Page 1
Ill. PARTIES
Plaintiff Vashone Rhodes is an individual resident of Red Oak, Ellis
County, Texas. His driver’s license number is
*****334 and his social security
number is ***-**-*980.
Defendant James Gomez is an individual resident of Grand Prairie, Dallas
County, Texas, and has appeared and answered herein.
Defendant Exclusive Nationwide Delivery, Inc. is a corporation doing
business in the State of Texas, and may be served with process bx serving its
reqistered aqent, Francisco S. Gomez, 2080 N. Hwy 360, Suite 425, Grand
Prairie, Texas 75050. Issuance of citation is requested at this time.
IV. JURISDICTION AND VENUE
The Court has jurisdiction over the controversy because the damages are
within the jurisdictional limits of this Honorable Court.
This Court has venue over the parties to this action since the incident
complained of herein occurred in Dallas County, Texas. Venue therefore is
proper in Dallas County, Texas pursuant to the TEXAS CIVIL PRACTICE &
REMEDIES CODE §15.002.
V. FACTS
This lawsuit arises out of a motor vehicle collision that occurred on
Tuesday, November 27, 2018, at the intersection of I-35E and Wintergreen Road
within the city limits of Desoto, Dallas County, Texas. Plaintiff Vashone Rhodes
was operating his vehicle northbound on I-35E and was stopped for traffic ahead.
Defendant James Gomez was operating his truck and trailer, while in the course
PLAINTIFF'S FIRST AMENDED ORIGINAL PETITION AND DISCOVERY REQUESTS TO
DEFENDANT — Page 2
and scope of his employment with Defendant Exclusive Nationwide Delivery,
Inc., and operating under the Federal Motor Carrier authority of
Defendant. Defendant James Gomez was behind Plaintiff’s vehicle in the same
lane, and headed in the same direction, when he failed to slow and/or stop,
colliding hard with the back of Plaintiff’s vehicle. As a result of the collision,
Plaintiff was injured and continues to suffer injuries and damages from this
incident.
VI. CAUSES OF ACTION
A. NEGLIGENCE – DEFENDANT JAMES GOMEZ
At the time of the motor vehicle collision, Defendant James Gomez was
operating his vehicle negligently. Specifically, Defendant had a duty to exercise
ordinary care and operate his vehicle reasonably and prudently. Defendant
breached that duty in one or more of the following respects:
1. Defendant failed to keep such proper lookout and attention to the
roadway as a person of ordinary prudence would have kept under
the same or similar circumstances;
2. Defendant failed to control the speed of his vehicle;
3. Defendant failed to keep an assured safe distance from Plaintiff's
vehicle;
4. Defendant failed to timely apply the brakes of his vehicle in order to
avoid the collision in question;
5. Defendant failed to turn his vehicle in an effort to avoid the collision;
and
6. Defendant failed to have or apply all his mental faculties because
he was distracted by cell phone usage.
PLAINTIFF'S FIRST AMENDED ORIGINAL PETITION AND DISCOVERY REQUESTS TO
DEFENDANT – Page 3
B. GROSS NEGLIGENCE – CELL PHONE USE OF DEFENDANT JAMES
GOMEZ
In addition to actual damages, Plaintiff seeks to recover exemplary or
punitive damages from Defendant because Defendant’s conduct was of such
character as to constitute gross negligence. Defendant’s actions in connection
with the collision involved an extreme degree of risk considering the probability
and magnitude of the potential harm to Plaintiff and to other users of the public
roadways. Defendant had actual subjective knowledge of the risk involved but
nevertheless acted in conscious indifference to the rights, safety, and welfare of
others, including the Plaintiff, when the Defendant chose to operate a vehicle
while using a cell phone at the time of the collision.
C. NEGLIGENT ENTRUSTMENT – DEFENDANT EXCLUSIVE
NATIONWIDE DELIVERY, INC.
As an additional cause of action, Plaintiff would show that at the time and
on the occasion in question, Defendant Exclusive Nationwide Delivery, Inc. was
the owner/employer of the vehicle being driven by Defendant James Gomez.
Defendant entrusted the vehicle to Defendant James Gomez. Defendant James
Gomez was unlicensed, incompetent, and/or reckless and Defendant knew or
should have known that Defendant James Gomez was unlicensed, incompetent,
and/or reckless. Defendant James Gomerz's negligence on the occasion in
question proximately caused the collision.
PLAINTIFF'S FIRST AMENDED ORIGINAL PETITION AND DISCOVERY REQUESTS TO
DEFENDANT – Page 4
D. RESPONDEAT SUPERIOR – DEFENDANT EXCLUSIVE NATIONWIDE
DELIVERY, INC.
Additionally, Plaintiff would show that at the time and on the occasion
complained of, Defendant James Gomez was in the course and scope of his
employment with Defendant Exclusive Nationwide Delivery, Inc., thereby making
Defendant liable under the doctrine of Respondeat Superior.
E. NEGLIGENCE – DEFENDANT EXCLUSIVE NATIONWISE DELIVERY,
INC.
Defendant Exclusive Nationwide Delivery, Inc. failed to properly train
and/or supervise Defendant James Gomez in order to prevent collisions such as
the one in question.
Each of the above and foregoing acts and omissions, singularly or in
combination, constituted the negligence that was the proximate cause of the
motor vehicle collision and consequently the injuries and damages of the minor
Plaintiff.
VII. DAMAGES
As a proximate result of Defendants’ negligence, Plaintiff suffered
extensive injuries and damages. As a result of Plaintiff's injuries, Plaintiff suffered
the following damages:
a. Medical expenses in the past and future;
b. Physical impairment in the past and future;
c. Physical pain and suffering in the past and future; and
d. Mental anguish in the past and future.
PLAINTIFF'S FIRST AMENDED ORIGINAL PETITION AND DISCOVERY REQUESTS TO
DEFENDANT – Page 5
VIII. REQUEST FOR DISCLOSURE
Pursuant to Rule 194 of the TEXAS RULES OF CIVIL PROCEDURE Defendant
is requested to disclose, within fifty (50) days of service of this request, the
information or material described in Rule 194.2 (a)-(l).
IX. DISCOVERY DOCUMENTS
Contemporaneously with this petition, Plaintiff serves to Defendant
Exclusive Nationwide Delivery, Inc. with Plaintiff's First Set of Interrogatories,
First Request for Admissions, First Request for Production and Request for
Privilege Log to Defendant.
X. INTENT TO USE DEFENDANT'S DOCUMENTS
Plaintiff hereby gives notice of intent to utilize items produced in discovery
against the party producing same. The authenticity of such items is self-proven
per TRCP 193.7.
XI. JURY TRIAL
Plaintiff paid for a trial by jury.
XII. U.S. LIFE TABLES
Notice is hereby given to the Defendants that Plaintiff intends to use the
U.S. Life Tables as prepared by the Department of Health and Human Services.
XIII. RELIEF
WHEREFORE, PREMISES CONSIDERED, Plaintiff requests that
Defendants be cited to appear and answer herein, and that upon final hearing
thereof, Plaintiff recover judgment against Defendants for:
PLAINTIFF'S FIRST AMENDED ORIGINAL PETITION AND DISCOVERY REQUESTS TO
DEFENDANT – Page 6
1. past medical expenses, which are reasonable and
Plaintiff's
customary for the medical care received by Plaintiff;
2. Plaintiff's future medical expenses;
3. Plaintiff's physical pain and suffering in the past and future in an
amount to be determined by the jury;
4. Plaintiff's mental anguish in the past and future in an amount to be
determined by thejury;
5. Plaintiff's physical impairment in the past and future in an amount to
be determined by the jury;
6. Interest on the judgment at the legal rate from the date ofjudgment;
7. Pre-judgment interest on Plaintiff's damages as allowed by law;
8. All costs of court; and
9. Such other and further relief to which Plaintiff may be justly entitled.
Respectfully submitted,
EBERSTEIN & WITHERITE, LLP
BY: /s/ V. Paige Eldridge
V. PAIGE ELDRIDGE
State Bar No. 24096747
paiqe.eldridqe@ewlawvers.com
AMY K. WITHERITE
State Bar No. 00788698
amv.witherite@ewlawvers.com
10440 N. Central Expressway
Suite 400
Dallas,TX 75231-2228
214/378-6665
214/378-6670 (fax)
ATTORNEYS FOR PLAINTIFF
PLAINTIFF‘S FIRST AMENDED ORIGINAL PETITION AND DISCOVERY REQUESTS TO
DEFENDANT — Page 7
CERTIFICATE OF SERVICE
|hereby certify that a true and correct copy of the foregoing has been
forwarded to all counsel of record on this 31st day of January 2020 pursuant
to Rule 21a of the Texas Rules of Civil Procedure.
/s/ V.Paiqe Eldridqe
V. Paige Eldridge
Adam LeCrone
B.
The LeCrone Law Firm, P.C.
Wall Street Plaza
123 N. Crockett Street, Suite 200
Sherman, TX 75090
PLAINTIFF'S FIRST AMENDED ORIGINAL PETITION AND DISCOVERY REQUESTS TO
DEFENDANT — Page 8
CAUSE NO. DC-1 9-1 0926
VASHONE RHODES; IN THE DISTRICT COURT OF
Plaintiff,
VS. WWWWWWWWWW
DALLAS COUNTY, TEXAS
JAMES GOMEZ;
Defendant. 160T” JUDICIAL DISTRICT
PLAINTIFF’S FIRST SET OF INTERROGATORIES, FIRST REQUEST FOR
ADMISSIONS, FIRST REQUEST FOR PRODUCTION, AND REQUEST FOR
PRIVILEGE LOG TO DEFENDANT EXCLUSIVE NATIONWIDE DELIVERY INC.
TO: Defendant, Exclusive Nationwide Delivery Inc.
Plaintiff Vashone Rhodes propounds Plaintiff’s First Set of Interrogatories,
First Request forAdmissions, First Request for Production, and Request for
Privilege Log to Defendant Exclusive Nationwide Delivery Inc. pursuant to the
Texas Rules of Civil Procedure to be answered by Defendant within fifty (50)
days of the date of service.
PLAINTIFF'S FIRST SET OF INTERROGATORIES, FIRST REQUEST FOR ADMISSIONS,
FIRST REQUEST FOR PRODUCTION, AND REQUEST FOR PRIVILEGE LOG TO
DEFENDANT EXCLUSIVE NATIONWIDE DELIVERY INC. — Page 1
Respectfully submitted,
EBERSTEIN & WITHERITE, LLP
BY: /s/ V. Paige Eldridge
V. PAIGE ELDRIDGE
State Bar No. 24096747
paiqe.eldridqe@ewlawvers.com
AMY K. WITHERITE
State Bar N0. 00788698
amv.witherite@ewlawvers.com
10440 N. Central Expressway
Suite 400
Dallas, TX 75231-2228
214/378-6665
214/378-6670 (fax)
ATTORNEYS FOR PLAINTIFF
CERTIFICATE OF SERVICE
| hereby certify that a true and correct copy of this document has been
served to the Defendant Exclusive Nationwide Delivery Inc. along with Plaintiff's
First Amended Original Petition and Request for Disclosure.
/s/ V. Paige Eldridge
V. Paige Eldridge
PLAINTIFF‘S FIRST SET OF INTERROGATORIES, FIRST REQUEST FOR ADMISSIONS,
FIRST REQUEST FOR PRODUCTION, AND REQUEST FOR PRIVILEGE LOG TO
DEFENDANT EXCLUSIVE NATIONWIDE DELIVERY INC. — Page 2
INTERROGATORIES
Plaintiff, pursuant to TRCP 197, serves the attached Interrogatories to be
propounded to Defendant. These questions are being served upon you, the
Defendant, Exclusive Nationwide Delivery |nc., and you are notified that Plaintiff
specifies that the answers shall be served fifty (50) days after service of this
request. These interrogatories shall be answered separately and fully in writing
under oath and signed by the person making them.
INSTRUCTIONS
1. The Interrogatories are to be answered separately and fully in writing, be
signed under oath, and delivered to the Plaintiff's counsel within fifty (50)
days after service hereof. The answers shall be preceded by the question
or interrogatory to which the answer pertains.
2. These Interrogatories seek answers current to the date of response.
Pursuant to the Rules, you are under a duty to supplement your answers,
and these Interrogatories shall be deemed continuing in nature to require
such supplementation of all additional information as may hereafter be
obtained by you, or by any person on your behalf, between the time
answers are served and the time of trial.
3. If any answer is refused in whole or in part on the basis 0f a claim 0f
privilege or exemption, state the following: (a) the nature of the
privilege/exemption claimed; (b) the general nature of the matter withheld
(e.g., substance of conversation of the withheld information, name of
name(s) of person(s) to whom the information has been
originator); (c)
imparted; and (d) the extent, if any, to which the information will be
provided subject to the privilege/exemption.
DEFINITIONS
1. “You,” and “Your," and "Defendant" mean Defendant, Exclusive
Nationwide Delivery |nc., as captioned in Plaintiff's Original Petition, and
allother person or entities acting on your behalf and all employees who
work on your behalf in the course and scope of your employment and in
furtherance of your business. “You” also includes any agent that acts on
your behalf.
PLAINTIFF'S FIRST SET OF INTERROGATORIES, FIRST REQUEST FOR ADMISSIONS,
FIRST REQUEST FOR PRODUCTION, AND REQUEST FOR PRIVILEGE LOG TO
DEFENDANT EXCLUSIVE NATIONWIDE DELIVERY INC. — Page 3
2. "Lawsuit" and “case” refer to this lawsuit filed in the District Court of Dallas
County, Texas.
3. "Person" and “witness” means the plural as well as the singular and
includes: natural persons, governmental agencies, municipalities,
departments, units, or any subdivisions, corporations, firms, associations,
partnerships, joint ventures, or any other form of business entity.
4. The terms "and" and "or" as used herein are to be interpreted both
disjunctively and conjunctively.
5. "Document" and "documents" as used herein shall mean the original and
each non-identical copy (whether different from the original because of
marginal notes, or other material inserted therein, or attached thereto or
otherwise) written or graphic matter, however produced or reproduced,
whether sent or received, or neither, including drafts and both sides
thereof, and including, but not limited to, printed, typewritten, emails and
computer printed or written matter, and mechanical, magnetic and
electronic recordings and shall include, without limitation, letters,
telegrams, cablegrams, telex messages, TWX messages,
correspondence, notations, work papers, transcripts, corporate books or
minutes, reports, memoranda studies, summaries, agendas, bulletins,
records of telephone or other conversations, or of interviews, conferences
or other meetings, maps, charts, plans, specifications, diagrams,
photographs, affidavits, statements, statistical diagrams, records, lists,
tabulations, memoranda, notes, diaries, calendars, calendar, pads,
newspaper clippings, appointment books or records, reports, worksheets,
printed business forms, expense account reports or records, contracts,
agreements, accounting records (including loan history), promissory
notes, security agreements, pledge agreements, guaranties, loan
agreements, credit reports, loan applications, financial statements, loan
memoranda, private placement memoranda, bank statements, certificates
of deposit, letters of credit, bids, quotations, proposals, bills, invoices,
statements and other books, records, papers, copies, and drafts and
proposed forms of any of such items or matters, or tapes, disks, sound
records, computer printouts, data processing input and output, microfilm,
microfiche, all other records kept by electronic, photographic, or
mechanical means, and items similar to all of the foregoing which were
prepared by you or for you, or which are in or subject to your possession,
custody, or control. The term "document" shall also include all "writings
and recordings" as defined by Rule 1001 of the Texas Rules of Civil
Evidence. If any tape, disk, card, wire, or other electronic or mechanical
recording or transcript or any computer program is produced, you shall
also produce such documents as are necessary for decoding, playing
back, printing out, and/or interpretation thereof, and any other documents
PLAINTIFF'S FIRST SET OF INTERROGATORIES, FIRST REQUEST FOR ADMISSIONS,
FIRST REQUEST FOR PRODUCTION, AND REQUEST FOR PRIVILEGE LOG TO
DEFENDANT EXCLUSIVE NATIONWIDE DELIVERY INC. – Page 4
which are necessary to convert such information into a useful and usable
format. If you can demonstrate that the original is unavailable, the terms
"document" and "documents" shall also include a copy of the original.
6. "Identify," as used herein with respect to a person, means to provide the
name, address, and telephone number of such person.
7. "Identify," as used herein with respect to a document, means to state with
respect to such document sufficient detail to permit another party to this
lawsuit to locate and identify as readily as can you, such document. Such
information and detail might include for each document: (i) the name of the
person who prepared it, (ii) the name of the person who signed it, or over
whose name it was issued, (iii) the name of each person to whom it was
addressed and/or sent or distributed, (iv) the general type of such
documents (e.g., letter, memorandum, contract, etc.), (v) the date of such
document, or if it bears no date, the date on or about which it was made or
prepared, (vi) the physical location of such document, and (vii) the name
and address of the persons having possession, custody, or control of such
document. In lieu of providing such information and detail, you may attach
such document to your answer to these Interrogatories and indicate for
which Interrogatory each document is applicable.
8. “Plaintiff” means the Plaintiff captioned and identified in Plaintiff's First
Amended Original Petition filed in this matter.
9. “Negligence” means failure to use ordinary care; that is, failure to do that
which a person of ordinary prudence would have done under the same or
similar circumstances, or doing that which a person of ordinary prudence
would not have done under the same or similar circumstances.
10. “Ordinary Care” means that degree of care, which would be used by a
person of ordinary prudence under the same or similar circumstance.
11. “Proximate Cause” means a cause that was substantial factor in bringing
about an event, and without which cause such event would not have
occurred. In order to be a proximate cause, the act or omission
complained of must be such that a person using ordinary care would have
foreseen that the event, or some similar event, might reasonably result
therefrom. There may be more than one proximate cause of an event.
12. The “collision,” “collision in question,” or “incident in question” refers to the
vehicle accident on or about Tuesday, November 27, 2018, at or near 35E
and Wintergreen Road within the city limits of Desoto, Dallas County,
Texas.
PLAINTIFF'S FIRST SET OF INTERROGATORIES, FIRST REQUEST FOR ADMISSIONS,
FIRST REQUEST FOR PRODUCTION, AND REQUEST FOR PRIVILEGE LOG TO
DEFENDANT EXCLUSIVE NATIONWIDE DELIVERY INC. – Page 5
13. Telematics “The process of gathering, storing, and/or transmitting
-
information, such as gps, location, speed, hard breaking events, crashes,
video, satellite tracking information, etc., about Exclusive Nationwide
Delivery |nc.'s trucks and/or drivers for safety, tracking, efficiency,
compliance, and/or performance purposes. Regardless of if the process
was completed by Exclusive Nationwide Delivery Inc. or a company hired
by Defendant Exclusive Nationwide Delivery |nc..”
INTERROGATORIES
INTERROGATORY NO. 1: Describe in your own words how the incident
made the basis of this suit occurred and state specifically and in detail what the
claim or contention of the Defendant will be regarding any cause or contributing
cause of the incident, including a statement in detail of the facts or information
upon which this contention is based.
ANSWER:
INTERROGATORY NO. 2: Describe any vehicular accidents resulting in
personal injuries to any person, including drivers of the Defendant, for a period of
three (3) years prior to the incident made the basis of this suit, which involved
either vehicles owned, leased, or controlled by you and/or drivers employed,
contracted, leased, or otherwise operating on behalf of you. For purposes of this
Interrogatory, "describe" means a brief description of the vehicular accident, a
statement of the exact location of the vehicular accident, the resulting injuries,
date of the accident, the names and last known addresses and telephone
numbers of all persons involved or injured as a result of the accident, and
whether you or your driver were cited for a violation by any municipal, state, or
federal investigatory agency or board.
ANSWER:
INTERROGATORY NO. 3: Have any claims been made or lawsuits filed
against you for any incident mentioned in your answer to Interrogatory No. 2
above? If so, state the name and last known address of each claimant or
plaintiff, the date of such claim or filing and cause
of lawsuit, the court, style,
number of each lawsuit, and the final disposition of each claim and lawsuit, or its
current status.
ANSWER:
INTERROGATORY NO. 4: Please "identify" all investigations of the
occurrence in question which you conducted or which you have knowledge that
PLAINTIFF'S FIRST SET OF INTERROGATORIES, FIRST REQUEST FOR ADMISSIONS,
FIRST REQUEST FOR PRODUCTION, AND REQUEST FOR PRIVILEGE LOG TO
DEFENDANT EXCLUSIVE NATIONWIDE DELIVERY INC. — Page 6
have been conducted. Please include the date the investigation began and the
date it ended, and state the name, address and relationship to the Defendant of
each individual who participated in any such investigation and whether a written
report or statement was made in regards to the investigation.
ANSWER:
INTERROGATORY NO. 5: Please describe your interest in the tractor-
trailer that was involved in the incident made the basis of this suit, i.e., whether
you owned, leased, or rented the tractor—trailer. If you leased or rented the
tractor-trailer in question, identify who the owner of the tractor-trailer was on the
date in question.
ANSWER:
INTERROGATORY NO. 6: Please state the purpose of Defendant James
Gomez’s travel at the time of the occurrence in question. Please include his
point of origin, his intended destination,and stops at any intermediate points prior
to the occurrence in question, including initial departure time and departure and
arrival times of all intermediate stops and the name of the entity that had
contracted with you for the haul at the time of the incident made the basis of this
suit.
ANSWER:
INTERROGATORY N0. 7: State whether or not Defendant James Gomez
was acting within the course and scope of any agency, employment, leased
driver,independent contractor relationship or service at the time of the incident
made the basis of this suit, and describe the type of relationship of the persons
and/or entities involved.
ANSWER:
INTERROGATORY NO. Please describe any information that you have
8:
which might indicate that there was any defect or failure on the part of any
vehicle or equipment involved in the incident made the basis of this suit.
ANSWER:
INTERROGATORY NO. 9: Identify all persons you believe to be
responsible parties pursuant to Chapter 33 of the TEXAS CIVIL PRACTICES AND
REMEDIES CODE.
ANSWER:
PLAINTIFF'S FIRST SET OF INTERROGATORIES, FIRST REQUEST FOR ADMISSIONS,
FIRST REQUEST FOR PRODUCTION, AND REQUEST FOR PRIVILEGE LOG TO
DEFENDANT EXCLUSIVE NATIONWIDE DELIVERY INC. — Page 7
INTERROGATORY NO. 10: Identify any cellular telephones available to or
in the possession of Defendant James Gomez including the name of the service
provider, telephone number, and billing name and address.
ANSWER:
INTERROGATORY NO. your position that you are not responsible
11: If it is
for the damages sustained by the please explain in detail all factual
Plaintiff,
bases for your refusal to accept responsibility in this matter. In so denying the
Plaintiff's claims, please identify each and every document, fact witness, expert
witness, and other discoverable item that you claim will bolster your position that
you are not responsible for Plaintiff's damages.
ANSWER:
INTERROGATORY NO. 12: Please identify the driver of the tractor—trailer
involved in the incident made the basis of this suit by name, address, phone
number, and date of birth that you employed at the time of the incident made the
basis of this suit. Is an employee of Exclusive Nationwide Delivery
the driver still
|nc.? If not, please provide the last known address for the driver.
ANSWER:
INTERROGATORY NO. 13: Please state Defendant James Gomez’s job
title and description of duties.
ANSWER:
INTERROGATORY N0. 14: Please provide the name, address, and
telephone number of all persons you have reason to believe were eyewitnesses
of the incident made the basis of this suit.
ANSWER:
INTERROGATORY NO. 15: When did you first suspect that Plaintiff might
filea lawsuit or other claim against you and/or any of your employees related to
or arising from the injuries Plaintiff sustained as a result of the incident made the
basis of this lawsuit?
ANSWER:
INTERROGATORY NO. 16: Please identify (name, address, and title) the
person or persons who will serve as your organization’s representative at trial,
including your representative who (a) will be sitting at counsel table and/or (b) will
be introduced to the Court as your representative at trial.
PLAINTIFF'S FIRST SET OF INTERROGATORIES, FIRST REQUEST FOR ADMISSIONS,
FIRST REQUEST FOR PRODUCTION, AND REQUEST FOR PRIVILEGE LOG TO
DEFENDANT EXCLUSIVE NATIONWIDE DELIVERY INC. — Page 8
ANSWER:
INTERROGATORY NO. 17: Describe in detail any conversations you have
had with any party, including Plaintiff's or Defendant's representatives, on or after
the date of the incident made the basis of this suit regarding the incident made
the basis of this suit.
ANSWER:
INTERROGATORY NO. 18: Identify and describe in detail any
conversations you have had with any witness(s) to the incident made the basis of
this suit.
ANSWER:
INTERROGATORY N0. 19: Please state the date, persons involved, and
the specific conviction of a crime that you intend to use as evidence to impeach
any of the witnesses identified by any party.
ANSWER:
INTERROGATORY N0. 20: by name, address, phone, and date of
Identify
birth or driver’s license number if applicable, all persons and entities, including
but not limited to all potential Responsible Third Parties, that may be liable to the
Plaintiff or satisfying a judgment as the result of the incident which makes the
basis of this cause.
ANSWER:
REQUEST FOR ADMISSIONS
Pursuant to Rule 198 of the TEXAS RULES 0F CIVIL PROCEDURE, Plaintiff
serves the following Request for Admissions to Defendant, Exclusive Nationwide
Delivery |nc.. Defendant is requested to respond fully, in writing, and in accordance
with Rule 198 of the TEXAS RULES OF CIVIL PROCEDURE. The admissions requested
are to be responded to fifty (50) days after service of this request. The failure to
PLAINTIFF'S FIRST SET OF INTERROGATORIES, FIRST REQUEST FOR ADMISSIONS,
FIRST REQUEST FOR PRODUCTION, AND REQUEST FOR PRIVILEGE LOG TO
DEFENDANT EXCLUSIVE NATIONWIDE DELIVERY INC. — Page 9
answer within the prescribed period may result in the Admissions being deemed
admitted by the aforementioned Court. If you fail to admit a matter upon which
Plaintiff later has to prove at his expense, vou mav have to pav for the costs of
such proof if vou do not have qood cause for admittinq the request when such
request was served.
ADMISSION NO. 1:Admit you have been properly named in Plaintiff's petition.
ANSWER:
ADMISSION NO. 2:Admit you are a proper party.
ANSWER:
ADMISSION NO. 3:Admit the Court has subject matter and personal jurisdiction
overyou.
ANSWER:
ADMISSION NO. 4:Admit venue is proper in Dallas County, Texas.
ANSWER:
ADMISSION NO. 5:Admit you were properly served with process.
ANSWER:
ADMISSION NO. 6:Admit that Defendant James Gomez was an employee of
Exclusive Nationwide Delivery Inc. at the time of the incident in question.
ANSWER:
ADMISSION NO. 7:Admit that Defendant James Gomez was acting in the
course and scope of his employment with Exclusive Nationwide Delivery Inc. at
the time of the incident in question.
ANSWER:
ADMISSION NO. 8:Admit the collision in question occurred as a result of
Defendant James Gomez’s negligence.
PLAINTIFF'S FIRST SET OF INTERROGATORIES, FIRST REQUEST FOR ADMISSIONS,
FIRST REQUEST FOR PRODUCTION, AND REQUEST FOR PRIVILEGE LOG TO
DEFENDANT EXCLUSIVE NATIONWIDE DELIVERY INC. — Page 10
ANSWER:
ADMISSION NO. 9:Admit Exclusive Nationwide Delivery Inc. owned the tractor-
trailer driven by Defendant James Gomez at the time of the incident in question.
ANSWER:
ADMISSION NO. 10: Admit Exclusive Nationwide Delivew Inc. used
HireRight to screen James Gomez prior to Exclusive Nationwide Delivery Inc.
hiring James Gomez.
ANSWER:
ADMISSION NO. 11: Admit Exclusive Nationwide Delivew Inc. did not use
HireRight to screen James Gomez prior to Exclusive Nationwide Delivery Inc.
hiring James Gomez.
ANSWER:
ADMISSION NO. 12: Admit Exclusive Nationwide Delivew Inc. has used
HireRight to screen James Gomez after Exclusive Nationwide Delivery Inc. hired
James Gomez.
ANSWER:
ADMISSION NO. 13: Admit Exclusive Nationwide Delivew Inc. has not
used HireRight to screen James Gomez after Exclusive Nationwide Delivery Inc.
hired James Gomez.
ANSWER:
ADMISSION NO. 14: Admit Exclusive Nationwide Delivew Inc. obtained
records from HireRight for James Gomez prior to Exclusive Nationwide Delivery
Inc. hiring James Gomez.
ANSWER:
ADMISSION NO. 15: Admit Exclusive Nationwide Delivew Inc. did not
obtain records from HireRight for James Gomez prior to Exclusive Nationwide
Delivery Inc. hiring James Gomez.
ANSWER:
PLAINTIFF'S FIRST SET OF INTERROGATORIES, FIRST REQUEST FOR ADMISSIONS,
FIRST REQUEST FOR PRODUCTION, AND REQUEST FOR PRIVILEGE LOG TO
DEFENDANT EXCLUSIVE NATIONWIDE DELIVERY INC. — Page 11
ADMISSION NO. 16: Admit Exclusive Nationwide Delivery Inc. obtained
records from HireRight for James Gomez after Exclusive Nationwide Delivery
Inc. hired James Gomez.
ANSWER:
ADMISSION NO. 17: Admit Exclusive Nationwide Delivery Inc. did not
obtain records from HireRight for James Gomez after Exclusive Nationwide
Delivew Inc. hired James Gomez.
ANSWER:
ADMISSION NO. 18: Admit Exclusive Nationwide Delivery Inc. used a
company other than HireRight to screen James Gomez prior to Exclusive
Nationwide Delivery Inc. hiring James Gomez.
ANSWER:
ADMISSION NO. 19: Admit Exclusive Nationwide Delivery Inc. has used a
company other than HireRight to screen James Gomez after Exclusive
Nationwide Delivery Inc. hired James Gomez.
ANSWER:
ADMISSION NO. Admit Exclusive Nationwide Delivery Inc. obtained
20:
records from a company other than HireRight that screened James Gomez prior
to Exclusive Nationwide Delivery Inc. hiring James Gomez.
ANSWER:
ADMISSION NO. 21: Admit Exclusive Nationwide Delivery Inc. obtained
records from a company other than HireRight that screened James Gomez after
Exclusive Nationwide Delivery Inc. hired James Gomez.
ANSWER:
ADMISSION NO. 22: Admit Defendant’s vehicle was equipped with a
telematics device and/or system.
ANSWER:
ADMISSION NO. 23: Admit Defendant’s vehicle was not equipped with a
telematics device and/or system.
ANSWER:
PLAINTIFF'S FIRST SET OF INTERROGATORIES, FIRST REQUEST FOR ADMISSIONS,
FIRST REQUEST FOR PRODUCTION, AND REQUEST FOR PRIVILEGE LOG TO
DEFENDANT EXCLUSIVE NATIONWIDE DELIVERY INC. — Page 12
REQUEST FOR PRODUCTION
Pursuant to Rule 196 of the TEXAS RULES 0F CIVIL PROCEDURE, Plaintiff
serves the following Requests for Production of Documents on Defendant,
Exclusive Nationwide Delivery |nc.. Defendant is requested to respond fully, in
writing, and in accordance with TRCP 196. The documents requested are to be
produced to Plaintiff's counsel within fifty (50) days after service of this request.
You are further advised that you are under a duty to reasonably supplement your
answer.
NOTE: For each separately numbered request below please delineate each
set of documents so that it can be easily ascertained which documents
relate to which numbered request.
DEFINITIONS
1. “You,” and “Your," and "Defendant" mean Defendant, Exclusive
Nationwide Delivery |nc., as captioned in Plaintiff's Original Petition, and
all other person or entities acting on your behalf and all employees who
work on your behalf in the course and scope of your employment and in
furtherance of your business. “You” also includes any agent that acts on
your behalf.
2. "Lawsuit" and “case” refer to this lawsuit filed in the District Court of Dallas
County, Texas.
3. "Person" and “witness” means the plural as well as the singular and
includes: natural persons, governmental agencies, municipalities,
departments, units, or any subdivisions, corporations, firms, associations,
partnerships, joint ventures, or any other form of business entity.
4. The terms "and" and "or" as used herein are to be interpreted both
disjunctively and conjunctively.
5. "Document" and "documents" as used herein shall mean the original and
each non-identical copy (whether different from the original because of
marginal notes, or other material inserted therein, or attached thereto or
otherwise) written or graphic matter, however produced or reproduced,
PLAINTIFF'S FIRST SET OF INTERROGATORIES, FIRST REQUEST FOR ADMISSIONS,
FIRST REQUEST FOR PRODUCTION, AND REQUEST FOR PRIVILEGE LOG TO
DEFENDANT EXCLUSIVE NATIONWIDE DELIVERY INC. — Page 13
whether sent or received, or neither, including drafts and both sides
thereof, and including, but not limited to, printed, typewritten, emails and
computer printed or written matter, and mechanical, magnetic and
electronic recordings and shall include, without limitation, letters,
telegrams, cablegrams, telex messages, TWX messages,
correspondence, notations, work papers, transcripts, corporate books or
minutes, reports, memoranda studies, summaries, agendas, bulletins,
records of telephone or other conversations, or of interviews, conferences
or other meetings, maps, charts, plans, specifications, diagrams,
photographs, affidavits, statements, statistical diagrams, records, lists,
tabulations, memoranda, notes, diaries, calendars, calendar, pads,
newspaper clippings, appointment books or records, reports, worksheets,
printed business forms, expense account reports or records, contracts,
agreements, accounting records (including loan history), promissory
notes, security agreements, pledge agreements, guaranties, loan
agreements, credit reports, loan applications, financial statements, loan
memoranda, private placement memoranda, bank statements, certificates
of deposit, letters of credit, bids, quotations, proposals, bills, invoices,
statements and other books, records, papers, copies, and drafts and
proposed forms of any of such items or matters, or tapes, disks, sound
records, computer printouts, data processing input and output, microfilm,
microfiche, all other records kept by electronic, photographic, or
mechanical means, and items similar to all of the foregoing which were
prepared by you or for you, or which are in or subject to your possession,
custody, or control. The term "document" shall also include all "writings
and recordings" as defined by Rule 1001 of the Texas Rules of Civil
Evidence. If any tape, disk, card, wire, or other electronic or mechanical
recording or transcript or any computer program is produced, you shall
also produce such documents as are necessary for decoding, playing
back, printing out, and/or interpretation thereof, and any other documents
which are necessary to convert such information into a useful and usable
format. If you can demonstrate that the original is unavailable, the terms
"document" and "documents" shall also include a copy of the original.
6. "Identify," as used herein with respect to a person, means to provide the
name, address, and telephone number of such person.
7. "Identify," as used herein with respect to a document, means to state with
respect to such document sufficient detail to permit another party to this
lawsuit to locate and identify as readily as can you, such document. Such
information and detail might include for each document: (i) the name of the
person who prepared it, (ii) the name of the person who signed it, or over
whose name it was issued, (iii) the name of each person to whom it was
addressed and/or sent or distributed, (iv) the general type of such
documents (e.g., letter, memorandum, contract, etc.), (v) the date of such
PLAINTIFF'S FIRST SET OF INTERROGATORIES, FIRST REQUEST FOR ADMISSIONS,
FIRST REQUEST FOR PRODUCTION, AND REQUEST FOR PRIVILEGE LOG TO
DEFENDANT EXCLUSIVE NATIONWIDE DELIVERY INC. – Page 14
document, or bears no date, the date on or about which it was made or
if it
prepared, (vi) the physical location of such document, and (vii) the name
and address of the persons having possession, custody, or control of such
document. In lieu of providing such information and detail, you may attach
such document to your answer to these Interrogatories and indicate for
which Interrogatory each document is applicable.
“Plaintiff” means the Plaintiff captioned and identified in Plaintiff's Original
Petition filed in this matter.
“Negligence” means failure to use ordinary care; that is, failure to do that
which a person of ordinary prudence would have done under the same or
similar circumstances, or doing that which a person of ordinary prudence
would not have done under the same or similar circumstances.
10. “Ordinary Care” means
degree of care, which would be used by a
that
person of ordinary prudence under the same or similar circumstance.
11. “Proximate Cause” means a cause that was substantial factor in bringing
about an event, and without which cause such event would not have
occurred. In order to be a proximate cause, the act or omission
complained of must be such that a person using ordinary care would have
foreseen that the event, or some similar event, might reasonably result
therefrom. There may be more than one proximate cause of an event.
12. The “collision,” “collision in question,” or “incident in question” refers to the
vehicle accident on or about Tuesday, November 27, 2018, at or near 35E
and Wintergreen Road within the city limits of Desoto, Dallas County,
Texas.
13. Telematics “The process of gathering, storing, and/or transmitting
-
information, such as gps, location, speed, hard breaking events, crashes,
video, satellite tracking information, etc., about Exclusive Nationwide
Delivery |nc.'s trucks and/or drivers for safety, tracking, efficiency,
compliance, and/or performance purposes. Regardless 0f if the process
was completed by Exclusive Nationwide Delivery Inc. or a company hired
by Defendant Exclusive Nationwide Delivery |nc..”
REQUEST N0. 1: All policies Defendant regarding driver disciplinary actio
Preview
FILED DALLAS COUNTY 1 ClT/ESERVE 1/31/2020 2:13 PM FELICIA PITRE DISTRICT CLERK Alicia Mata CAUSE NO. DC-1 9-1 0926 VASHONE RHODES; IN THE DISTRICT COURT OF Plaintiff, VS. WWWWWWWWW DALLAS COUNTY, TEXAS JAMES GOMEZ; Defendant. 160th JUDICIAL DISTRICT PLAINTIFF'S FIRST AMENDED ORIGINAL PETITION AND DISCOVERY REQUESTS TO DEFENDANT EXCLUSIVE NATIONWIDE DELIVERY, INC. Plaintiff Vashone Rhodes files Plaintiff's First Amended Original Petition complaining of Defendants James Gomez and Exclusive Nationwide Delivery, Inc. l. DISCOVERY CONTROL PLAN Discovew is intended to be conducted under Level 3 pursuant to Rule 190 of the TEXAS RULES 0F CIVIL PROCEDURE. ll. RULE 47 PLEADING REQUIREMENTS As required by Rule 47(b), Texas Rules of Civil Procedure, Plaintiff's counsel states that the damages sought are in an amount within the jurisdictional limits of this Court. As required by Rule 47(0), Texas Rules of Civil Procedure, Plaintiff's counsel states that Plaintiff seeks monetary relief between $200,000, but not over $1 ,OO0,000. The amount of monetary relief actually awarded, however, will ultimately be determined by a jury. Plaintiff also seeks pre-judgment and post—judgment interest at the highest legal rate. PLAINTIFF'S FIRST AMENDED ORIGINAL PETITION AND DISCOVERY REQUESTS TO DEFENDANT — Page 1 Ill. PARTIES Plaintiff Vashone Rhodes is an individual resident of Red Oak, Ellis County, Texas. His driver’s license number is *****334 and his social security number is ***-**-*980. Defendant James Gomez is an individual resident of Grand Prairie, Dallas County, Texas, and has appeared and answered herein. Defendant Exclusive Nationwide Delivery, Inc. is a corporation doing business in the State of Texas, and may be served with process bx serving its reqistered aqent, Francisco S. Gomez, 2080 N. Hwy 360, Suite 425, Grand Prairie, Texas 75050. Issuance of citation is requested at this time. IV. JURISDICTION AND VENUE The Court has jurisdiction over the controversy because the damages are within the jurisdictional limits of this Honorable Court. This Court has venue over the parties to this action since the incident complained of herein occurred in Dallas County, Texas. Venue therefore is proper in Dallas County, Texas pursuant to the TEXAS CIVIL PRACTICE & REMEDIES CODE §15.002. V. FACTS This lawsuit arises out of a motor vehicle collision that occurred on Tuesday, November 27, 2018, at the intersection of I-35E and Wintergreen Road within the city limits of Desoto, Dallas County, Texas. Plaintiff Vashone Rhodes was operating his vehicle northbound on I-35E and was stopped for traffic ahead. Defendant James Gomez was operating his truck and trailer, while in the course PLAINTIFF'S FIRST AMENDED ORIGINAL PETITION AND DISCOVERY REQUESTS TO DEFENDANT — Page 2 and scope of his employment with Defendant Exclusive Nationwide Delivery, Inc., and operating under the Federal Motor Carrier authority of Defendant. Defendant James Gomez was behind Plaintiff’s vehicle in the same lane, and headed in the same direction, when he failed to slow and/or stop, colliding hard with the back of Plaintiff’s vehicle. As a result of the collision, Plaintiff was injured and continues to suffer injuries and damages from this incident. VI. CAUSES OF ACTION A. NEGLIGENCE – DEFENDANT JAMES GOMEZ At the time of the motor vehicle collision, Defendant James Gomez was operating his vehicle negligently. Specifically, Defendant had a duty to exercise ordinary care and operate his vehicle reasonably and prudently. Defendant breached that duty in one or more of the following respects: 1. Defendant failed to keep such proper lookout and attention to the roadway as a person of ordinary prudence would have kept under the same or similar circumstances; 2. Defendant failed to control the speed of his vehicle; 3. Defendant failed to keep an assured safe distance from Plaintiff's vehicle; 4. Defendant failed to timely apply the brakes of his vehicle in order to avoid the collision in question; 5. Defendant failed to turn his vehicle in an effort to avoid the collision; and 6. Defendant failed to have or apply all his mental faculties because he was distracted by cell phone usage. PLAINTIFF'S FIRST AMENDED ORIGINAL PETITION AND DISCOVERY REQUESTS TO DEFENDANT – Page 3 B. GROSS NEGLIGENCE – CELL PHONE USE OF DEFENDANT JAMES GOMEZ In addition to actual damages, Plaintiff seeks to recover exemplary or punitive damages from Defendant because Defendant’s conduct was of such character as to constitute gross negligence. Defendant’s actions in connection with the collision involved an extreme degree of risk considering the probability and magnitude of the potential harm to Plaintiff and to other users of the public roadways. Defendant had actual subjective knowledge of the risk involved but nevertheless acted in conscious indifference to the rights, safety, and welfare of others, including the Plaintiff, when the Defendant chose to operate a vehicle while using a cell phone at the time of the collision. C. NEGLIGENT ENTRUSTMENT – DEFENDANT EXCLUSIVE NATIONWIDE DELIVERY, INC. As an additional cause of action, Plaintiff would show that at the time and on the occasion in question, Defendant Exclusive Nationwide Delivery, Inc. was the owner/employer of the vehicle being driven by Defendant James Gomez. Defendant entrusted the vehicle to Defendant James Gomez. Defendant James Gomez was unlicensed, incompetent, and/or reckless and Defendant knew or should have known that Defendant James Gomez was unlicensed, incompetent, and/or reckless. Defendant James Gomerz's negligence on the occasion in question proximately caused the collision. PLAINTIFF'S FIRST AMENDED ORIGINAL PETITION AND DISCOVERY REQUESTS TO DEFENDANT – Page 4 D. RESPONDEAT SUPERIOR – DEFENDANT EXCLUSIVE NATIONWIDE DELIVERY, INC. Additionally, Plaintiff would show that at the time and on the occasion complained of, Defendant James Gomez was in the course and scope of his employment with Defendant Exclusive Nationwide Delivery, Inc., thereby making Defendant liable under the doctrine of Respondeat Superior. E. NEGLIGENCE – DEFENDANT EXCLUSIVE NATIONWISE DELIVERY, INC. Defendant Exclusive Nationwide Delivery, Inc. failed to properly train and/or supervise Defendant James Gomez in order to prevent collisions such as the one in question. Each of the above and foregoing acts and omissions, singularly or in combination, constituted the negligence that was the proximate cause of the motor vehicle collision and consequently the injuries and damages of the minor Plaintiff. VII. DAMAGES As a proximate result of Defendants’ negligence, Plaintiff suffered extensive injuries and damages. As a result of Plaintiff's injuries, Plaintiff suffered the following damages: a. Medical expenses in the past and future; b. Physical impairment in the past and future; c. Physical pain and suffering in the past and future; and d. Mental anguish in the past and future. PLAINTIFF'S FIRST AMENDED ORIGINAL PETITION AND DISCOVERY REQUESTS TO DEFENDANT – Page 5 VIII. REQUEST FOR DISCLOSURE Pursuant to Rule 194 of the TEXAS RULES OF CIVIL PROCEDURE Defendant is requested to disclose, within fifty (50) days of service of this request, the information or material described in Rule 194.2 (a)-(l). IX. DISCOVERY DOCUMENTS Contemporaneously with this petition, Plaintiff serves to Defendant Exclusive Nationwide Delivery, Inc. with Plaintiff's First Set of Interrogatories, First Request for Admissions, First Request for Production and Request for Privilege Log to Defendant. X. INTENT TO USE DEFENDANT'S DOCUMENTS Plaintiff hereby gives notice of intent to utilize items produced in discovery against the party producing same. The authenticity of such items is self-proven per TRCP 193.7. XI. JURY TRIAL Plaintiff paid for a trial by jury. XII. U.S. LIFE TABLES Notice is hereby given to the Defendants that Plaintiff intends to use the U.S. Life Tables as prepared by the Department of Health and Human Services. XIII. RELIEF WHEREFORE, PREMISES CONSIDERED, Plaintiff requests that Defendants be cited to appear and answer herein, and that upon final hearing thereof, Plaintiff recover judgment against Defendants for: PLAINTIFF'S FIRST AMENDED ORIGINAL PETITION AND DISCOVERY REQUESTS TO DEFENDANT – Page 6 1. past medical expenses, which are reasonable and Plaintiff's customary for the medical care received by Plaintiff; 2. Plaintiff's future medical expenses; 3. Plaintiff's physical pain and suffering in the past and future in an amount to be determined by the jury; 4. Plaintiff's mental anguish in the past and future in an amount to be determined by thejury; 5. Plaintiff's physical impairment in the past and future in an amount to be determined by the jury; 6. Interest on the judgment at the legal rate from the date ofjudgment; 7. Pre-judgment interest on Plaintiff's damages as allowed by law; 8. All costs of court; and 9. Such other and further relief to which Plaintiff may be justly entitled. Respectfully submitted, EBERSTEIN & WITHERITE, LLP BY: /s/ V. Paige Eldridge V. PAIGE ELDRIDGE State Bar No. 24096747 paiqe.eldridqe@ewlawvers.com AMY K. WITHERITE State Bar No. 00788698 amv.witherite@ewlawvers.com 10440 N. Central Expressway Suite 400 Dallas,TX 75231-2228 214/378-6665 214/378-6670 (fax) ATTORNEYS FOR PLAINTIFF PLAINTIFF‘S FIRST AMENDED ORIGINAL PETITION AND DISCOVERY REQUESTS TO DEFENDANT — Page 7 CERTIFICATE OF SERVICE |hereby certify that a true and correct copy of the foregoing has been forwarded to all counsel of record on this 31st day of January 2020 pursuant to Rule 21a of the Texas Rules of Civil Procedure. /s/ V.Paiqe Eldridqe V. Paige Eldridge Adam LeCrone B. The LeCrone Law Firm, P.C. Wall Street Plaza 123 N. Crockett Street, Suite 200 Sherman, TX 75090 PLAINTIFF'S FIRST AMENDED ORIGINAL PETITION AND DISCOVERY REQUESTS TO DEFENDANT — Page 8 CAUSE NO. DC-1 9-1 0926 VASHONE RHODES; IN THE DISTRICT COURT OF Plaintiff, VS. WWWWWWWWWW DALLAS COUNTY, TEXAS JAMES GOMEZ; Defendant. 160T” JUDICIAL DISTRICT PLAINTIFF’S FIRST SET OF INTERROGATORIES, FIRST REQUEST FOR ADMISSIONS, FIRST REQUEST FOR PRODUCTION, AND REQUEST FOR PRIVILEGE LOG TO DEFENDANT EXCLUSIVE NATIONWIDE DELIVERY INC. TO: Defendant, Exclusive Nationwide Delivery Inc. Plaintiff Vashone Rhodes propounds Plaintiff’s First Set of Interrogatories, First Request forAdmissions, First Request for Production, and Request for Privilege Log to Defendant Exclusive Nationwide Delivery Inc. pursuant to the Texas Rules of Civil Procedure to be answered by Defendant within fifty (50) days of the date of service. PLAINTIFF'S FIRST SET OF INTERROGATORIES, FIRST REQUEST FOR ADMISSIONS, FIRST REQUEST FOR PRODUCTION, AND REQUEST FOR PRIVILEGE LOG TO DEFENDANT EXCLUSIVE NATIONWIDE DELIVERY INC. — Page 1 Respectfully submitted, EBERSTEIN & WITHERITE, LLP BY: /s/ V. Paige Eldridge V. PAIGE ELDRIDGE State Bar No. 24096747 paiqe.eldridqe@ewlawvers.com AMY K. WITHERITE State Bar N0. 00788698 amv.witherite@ewlawvers.com 10440 N. Central Expressway Suite 400 Dallas, TX 75231-2228 214/378-6665 214/378-6670 (fax) ATTORNEYS FOR PLAINTIFF CERTIFICATE OF SERVICE | hereby certify that a true and correct copy of this document has been served to the Defendant Exclusive Nationwide Delivery Inc. along with Plaintiff's First Amended Original Petition and Request for Disclosure. /s/ V. Paige Eldridge V. Paige Eldridge PLAINTIFF‘S FIRST SET OF INTERROGATORIES, FIRST REQUEST FOR ADMISSIONS, FIRST REQUEST FOR PRODUCTION, AND REQUEST FOR PRIVILEGE LOG TO DEFENDANT EXCLUSIVE NATIONWIDE DELIVERY INC. — Page 2 INTERROGATORIES Plaintiff, pursuant to TRCP 197, serves the attached Interrogatories to be propounded to Defendant. These questions are being served upon you, the Defendant, Exclusive Nationwide Delivery |nc., and you are notified that Plaintiff specifies that the answers shall be served fifty (50) days after service of this request. These interrogatories shall be answered separately and fully in writing under oath and signed by the person making them. INSTRUCTIONS 1. The Interrogatories are to be answered separately and fully in writing, be signed under oath, and delivered to the Plaintiff's counsel within fifty (50) days after service hereof. The answers shall be preceded by the question or interrogatory to which the answer pertains. 2. These Interrogatories seek answers current to the date of response. Pursuant to the Rules, you are under a duty to supplement your answers, and these Interrogatories shall be deemed continuing in nature to require such supplementation of all additional information as may hereafter be obtained by you, or by any person on your behalf, between the time answers are served and the time of trial. 3. If any answer is refused in whole or in part on the basis 0f a claim 0f privilege or exemption, state the following: (a) the nature of the privilege/exemption claimed; (b) the general nature of the matter withheld (e.g., substance of conversation of the withheld information, name of name(s) of person(s) to whom the information has been originator); (c) imparted; and (d) the extent, if any, to which the information will be provided subject to the privilege/exemption. DEFINITIONS 1. “You,” and “Your," and "Defendant" mean Defendant, Exclusive Nationwide Delivery |nc., as captioned in Plaintiff's Original Petition, and allother person or entities acting on your behalf and all employees who work on your behalf in the course and scope of your employment and in furtherance of your business. “You” also includes any agent that acts on your behalf. PLAINTIFF'S FIRST SET OF INTERROGATORIES, FIRST REQUEST FOR ADMISSIONS, FIRST REQUEST FOR PRODUCTION, AND REQUEST FOR PRIVILEGE LOG TO DEFENDANT EXCLUSIVE NATIONWIDE DELIVERY INC. — Page 3 2. "Lawsuit" and “case” refer to this lawsuit filed in the District Court of Dallas County, Texas. 3. "Person" and “witness” means the plural as well as the singular and includes: natural persons, governmental agencies, municipalities, departments, units, or any subdivisions, corporations, firms, associations, partnerships, joint ventures, or any other form of business entity. 4. The terms "and" and "or" as used herein are to be interpreted both disjunctively and conjunctively. 5. "Document" and "documents" as used herein shall mean the original and each non-identical copy (whether different from the original because of marginal notes, or other material inserted therein, or attached thereto or otherwise) written or graphic matter, however produced or reproduced, whether sent or received, or neither, including drafts and both sides thereof, and including, but not limited to, printed, typewritten, emails and computer printed or written matter, and mechanical, magnetic and electronic recordings and shall include, without limitation, letters, telegrams, cablegrams, telex messages, TWX messages, correspondence, notations, work papers, transcripts, corporate books or minutes, reports, memoranda studies, summaries, agendas, bulletins, records of telephone or other conversations, or of interviews, conferences or other meetings, maps, charts, plans, specifications, diagrams, photographs, affidavits, statements, statistical diagrams, records, lists, tabulations, memoranda, notes, diaries, calendars, calendar, pads, newspaper clippings, appointment books or records, reports, worksheets, printed business forms, expense account reports or records, contracts, agreements, accounting records (including loan history), promissory notes, security agreements, pledge agreements, guaranties, loan agreements, credit reports, loan applications, financial statements, loan memoranda, private placement memoranda, bank statements, certificates of deposit, letters of credit, bids, quotations, proposals, bills, invoices, statements and other books, records, papers, copies, and drafts and proposed forms of any of such items or matters, or tapes, disks, sound records, computer printouts, data processing input and output, microfilm, microfiche, all other records kept by electronic, photographic, or mechanical means, and items similar to all of the foregoing which were prepared by you or for you, or which are in or subject to your possession, custody, or control. The term "document" shall also include all "writings and recordings" as defined by Rule 1001 of the Texas Rules of Civil Evidence. If any tape, disk, card, wire, or other electronic or mechanical recording or transcript or any computer program is produced, you shall also produce such documents as are necessary for decoding, playing back, printing out, and/or interpretation thereof, and any other documents PLAINTIFF'S FIRST SET OF INTERROGATORIES, FIRST REQUEST FOR ADMISSIONS, FIRST REQUEST FOR PRODUCTION, AND REQUEST FOR PRIVILEGE LOG TO DEFENDANT EXCLUSIVE NATIONWIDE DELIVERY INC. – Page 4 which are necessary to convert such information into a useful and usable format. If you can demonstrate that the original is unavailable, the terms "document" and "documents" shall also include a copy of the original. 6. "Identify," as used herein with respect to a person, means to provide the name, address, and telephone number of such person. 7. "Identify," as used herein with respect to a document, means to state with respect to such document sufficient detail to permit another party to this lawsuit to locate and identify as readily as can you, such document. Such information and detail might include for each document: (i) the name of the person who prepared it, (ii) the name of the person who signed it, or over whose name it was issued, (iii) the name of each person to whom it was addressed and/or sent or distributed, (iv) the general type of such documents (e.g., letter, memorandum, contract, etc.), (v) the date of such document, or if it bears no date, the date on or about which it was made or prepared, (vi) the physical location of such document, and (vii) the name and address of the persons having possession, custody, or control of such document. In lieu of providing such information and detail, you may attach such document to your answer to these Interrogatories and indicate for which Interrogatory each document is applicable. 8. “Plaintiff” means the Plaintiff captioned and identified in Plaintiff's First Amended Original Petition filed in this matter. 9. “Negligence” means failure to use ordinary care; that is, failure to do that which a person of ordinary prudence would have done under the same or similar circumstances, or doing that which a person of ordinary prudence would not have done under the same or similar circumstances. 10. “Ordinary Care” means that degree of care, which would be used by a person of ordinary prudence under the same or similar circumstance. 11. “Proximate Cause” means a cause that was substantial factor in bringing about an event, and without which cause such event would not have occurred. In order to be a proximate cause, the act or omission complained of must be such that a person using ordinary care would have foreseen that the event, or some similar event, might reasonably result therefrom. There may be more than one proximate cause of an event. 12. The “collision,” “collision in question,” or “incident in question” refers to the vehicle accident on or about Tuesday, November 27, 2018, at or near 35E and Wintergreen Road within the city limits of Desoto, Dallas County, Texas. PLAINTIFF'S FIRST SET OF INTERROGATORIES, FIRST REQUEST FOR ADMISSIONS, FIRST REQUEST FOR PRODUCTION, AND REQUEST FOR PRIVILEGE LOG TO DEFENDANT EXCLUSIVE NATIONWIDE DELIVERY INC. – Page 5 13. Telematics “The process of gathering, storing, and/or transmitting - information, such as gps, location, speed, hard breaking events, crashes, video, satellite tracking information, etc., about Exclusive Nationwide Delivery |nc.'s trucks and/or drivers for safety, tracking, efficiency, compliance, and/or performance purposes. Regardless of if the process was completed by Exclusive Nationwide Delivery Inc. or a company hired by Defendant Exclusive Nationwide Delivery |nc..” INTERROGATORIES INTERROGATORY NO. 1: Describe in your own words how the incident made the basis of this suit occurred and state specifically and in detail what the claim or contention of the Defendant will be regarding any cause or contributing cause of the incident, including a statement in detail of the facts or information upon which this contention is based. ANSWER: INTERROGATORY NO. 2: Describe any vehicular accidents resulting in personal injuries to any person, including drivers of the Defendant, for a period of three (3) years prior to the incident made the basis of this suit, which involved either vehicles owned, leased, or controlled by you and/or drivers employed, contracted, leased, or otherwise operating on behalf of you. For purposes of this Interrogatory, "describe" means a brief description of the vehicular accident, a statement of the exact location of the vehicular accident, the resulting injuries, date of the accident, the names and last known addresses and telephone numbers of all persons involved or injured as a result of the accident, and whether you or your driver were cited for a violation by any municipal, state, or federal investigatory agency or board. ANSWER: INTERROGATORY NO. 3: Have any claims been made or lawsuits filed against you for any incident mentioned in your answer to Interrogatory No. 2 above? If so, state the name and last known address of each claimant or plaintiff, the date of such claim or filing and cause of lawsuit, the court, style, number of each lawsuit, and the final disposition of each claim and lawsuit, or its current status. ANSWER: INTERROGATORY NO. 4: Please "identify" all investigations of the occurrence in question which you conducted or which you have knowledge that PLAINTIFF'S FIRST SET OF INTERROGATORIES, FIRST REQUEST FOR ADMISSIONS, FIRST REQUEST FOR PRODUCTION, AND REQUEST FOR PRIVILEGE LOG TO DEFENDANT EXCLUSIVE NATIONWIDE DELIVERY INC. — Page 6 have been conducted. Please include the date the investigation began and the date it ended, and state the name, address and relationship to the Defendant of each individual who participated in any such investigation and whether a written report or statement was made in regards to the investigation. ANSWER: INTERROGATORY NO. 5: Please describe your interest in the tractor- trailer that was involved in the incident made the basis of this suit, i.e., whether you owned, leased, or rented the tractor—trailer. If you leased or rented the tractor-trailer in question, identify who the owner of the tractor-trailer was on the date in question. ANSWER: INTERROGATORY NO. 6: Please state the purpose of Defendant James Gomez’s travel at the time of the occurrence in question. Please include his point of origin, his intended destination,and stops at any intermediate points prior to the occurrence in question, including initial departure time and departure and arrival times of all intermediate stops and the name of the entity that had contracted with you for the haul at the time of the incident made the basis of this suit. ANSWER: INTERROGATORY N0. 7: State whether or not Defendant James Gomez was acting within the course and scope of any agency, employment, leased driver,independent contractor relationship or service at the time of the incident made the basis of this suit, and describe the type of relationship of the persons and/or entities involved. ANSWER: INTERROGATORY NO. Please describe any information that you have 8: which might indicate that there was any defect or failure on the part of any vehicle or equipment involved in the incident made the basis of this suit. ANSWER: INTERROGATORY NO. 9: Identify all persons you believe to be responsible parties pursuant to Chapter 33 of the TEXAS CIVIL PRACTICES AND REMEDIES CODE. ANSWER: PLAINTIFF'S FIRST SET OF INTERROGATORIES, FIRST REQUEST FOR ADMISSIONS, FIRST REQUEST FOR PRODUCTION, AND REQUEST FOR PRIVILEGE LOG TO DEFENDANT EXCLUSIVE NATIONWIDE DELIVERY INC. — Page 7 INTERROGATORY NO. 10: Identify any cellular telephones available to or in the possession of Defendant James Gomez including the name of the service provider, telephone number, and billing name and address. ANSWER: INTERROGATORY NO. your position that you are not responsible 11: If it is for the damages sustained by the please explain in detail all factual Plaintiff, bases for your refusal to accept responsibility in this matter. In so denying the Plaintiff's claims, please identify each and every document, fact witness, expert witness, and other discoverable item that you claim will bolster your position that you are not responsible for Plaintiff's damages. ANSWER: INTERROGATORY NO. 12: Please identify the driver of the tractor—trailer involved in the incident made the basis of this suit by name, address, phone number, and date of birth that you employed at the time of the incident made the basis of this suit. Is an employee of Exclusive Nationwide Delivery the driver still |nc.? If not, please provide the last known address for the driver. ANSWER: INTERROGATORY NO. 13: Please state Defendant James Gomez’s job title and description of duties. ANSWER: INTERROGATORY N0. 14: Please provide the name, address, and telephone number of all persons you have reason to believe were eyewitnesses of the incident made the basis of this suit. ANSWER: INTERROGATORY NO. 15: When did you first suspect that Plaintiff might filea lawsuit or other claim against you and/or any of your employees related to or arising from the injuries Plaintiff sustained as a result of the incident made the basis of this lawsuit? ANSWER: INTERROGATORY NO. 16: Please identify (name, address, and title) the person or persons who will serve as your organization’s representative at trial, including your representative who (a) will be sitting at counsel table and/or (b) will be introduced to the Court as your representative at trial. PLAINTIFF'S FIRST SET OF INTERROGATORIES, FIRST REQUEST FOR ADMISSIONS, FIRST REQUEST FOR PRODUCTION, AND REQUEST FOR PRIVILEGE LOG TO DEFENDANT EXCLUSIVE NATIONWIDE DELIVERY INC. — Page 8 ANSWER: INTERROGATORY NO. 17: Describe in detail any conversations you have had with any party, including Plaintiff's or Defendant's representatives, on or after the date of the incident made the basis of this suit regarding the incident made the basis of this suit. ANSWER: INTERROGATORY NO. 18: Identify and describe in detail any conversations you have had with any witness(s) to the incident made the basis of this suit. ANSWER: INTERROGATORY N0. 19: Please state the date, persons involved, and the specific conviction of a crime that you intend to use as evidence to impeach any of the witnesses identified by any party. ANSWER: INTERROGATORY N0. 20: by name, address, phone, and date of Identify birth or driver’s license number if applicable, all persons and entities, including but not limited to all potential Responsible Third Parties, that may be liable to the Plaintiff or satisfying a judgment as the result of the incident which makes the basis of this cause. ANSWER: REQUEST FOR ADMISSIONS Pursuant to Rule 198 of the TEXAS RULES 0F CIVIL PROCEDURE, Plaintiff serves the following Request for Admissions to Defendant, Exclusive Nationwide Delivery |nc.. Defendant is requested to respond fully, in writing, and in accordance with Rule 198 of the TEXAS RULES OF CIVIL PROCEDURE. The admissions requested are to be responded to fifty (50) days after service of this request. The failure to PLAINTIFF'S FIRST SET OF INTERROGATORIES, FIRST REQUEST FOR ADMISSIONS, FIRST REQUEST FOR PRODUCTION, AND REQUEST FOR PRIVILEGE LOG TO DEFENDANT EXCLUSIVE NATIONWIDE DELIVERY INC. — Page 9 answer within the prescribed period may result in the Admissions being deemed admitted by the aforementioned Court. If you fail to admit a matter upon which Plaintiff later has to prove at his expense, vou mav have to pav for the costs of such proof if vou do not have qood cause for admittinq the request when such request was served. ADMISSION NO. 1:Admit you have been properly named in Plaintiff's petition. ANSWER: ADMISSION NO. 2:Admit you are a proper party. ANSWER: ADMISSION NO. 3:Admit the Court has subject matter and personal jurisdiction overyou. ANSWER: ADMISSION NO. 4:Admit venue is proper in Dallas County, Texas. ANSWER: ADMISSION NO. 5:Admit you were properly served with process. ANSWER: ADMISSION NO. 6:Admit that Defendant James Gomez was an employee of Exclusive Nationwide Delivery Inc. at the time of the incident in question. ANSWER: ADMISSION NO. 7:Admit that Defendant James Gomez was acting in the course and scope of his employment with Exclusive Nationwide Delivery Inc. at the time of the incident in question. ANSWER: ADMISSION NO. 8:Admit the collision in question occurred as a result of Defendant James Gomez’s negligence. PLAINTIFF'S FIRST SET OF INTERROGATORIES, FIRST REQUEST FOR ADMISSIONS, FIRST REQUEST FOR PRODUCTION, AND REQUEST FOR PRIVILEGE LOG TO DEFENDANT EXCLUSIVE NATIONWIDE DELIVERY INC. — Page 10 ANSWER: ADMISSION NO. 9:Admit Exclusive Nationwide Delivery Inc. owned the tractor- trailer driven by Defendant James Gomez at the time of the incident in question. ANSWER: ADMISSION NO. 10: Admit Exclusive Nationwide Delivew Inc. used HireRight to screen James Gomez prior to Exclusive Nationwide Delivery Inc. hiring James Gomez. ANSWER: ADMISSION NO. 11: Admit Exclusive Nationwide Delivew Inc. did not use HireRight to screen James Gomez prior to Exclusive Nationwide Delivery Inc. hiring James Gomez. ANSWER: ADMISSION NO. 12: Admit Exclusive Nationwide Delivew Inc. has used HireRight to screen James Gomez after Exclusive Nationwide Delivery Inc. hired James Gomez. ANSWER: ADMISSION NO. 13: Admit Exclusive Nationwide Delivew Inc. has not used HireRight to screen James Gomez after Exclusive Nationwide Delivery Inc. hired James Gomez. ANSWER: ADMISSION NO. 14: Admit Exclusive Nationwide Delivew Inc. obtained records from HireRight for James Gomez prior to Exclusive Nationwide Delivery Inc. hiring James Gomez. ANSWER: ADMISSION NO. 15: Admit Exclusive Nationwide Delivew Inc. did not obtain records from HireRight for James Gomez prior to Exclusive Nationwide Delivery Inc. hiring James Gomez. ANSWER: PLAINTIFF'S FIRST SET OF INTERROGATORIES, FIRST REQUEST FOR ADMISSIONS, FIRST REQUEST FOR PRODUCTION, AND REQUEST FOR PRIVILEGE LOG TO DEFENDANT EXCLUSIVE NATIONWIDE DELIVERY INC. — Page 11 ADMISSION NO. 16: Admit Exclusive Nationwide Delivery Inc. obtained records from HireRight for James Gomez after Exclusive Nationwide Delivery Inc. hired James Gomez. ANSWER: ADMISSION NO. 17: Admit Exclusive Nationwide Delivery Inc. did not obtain records from HireRight for James Gomez after Exclusive Nationwide Delivew Inc. hired James Gomez. ANSWER: ADMISSION NO. 18: Admit Exclusive Nationwide Delivery Inc. used a company other than HireRight to screen James Gomez prior to Exclusive Nationwide Delivery Inc. hiring James Gomez. ANSWER: ADMISSION NO. 19: Admit Exclusive Nationwide Delivery Inc. has used a company other than HireRight to screen James Gomez after Exclusive Nationwide Delivery Inc. hired James Gomez. ANSWER: ADMISSION NO. Admit Exclusive Nationwide Delivery Inc. obtained 20: records from a company other than HireRight that screened James Gomez prior to Exclusive Nationwide Delivery Inc. hiring James Gomez. ANSWER: ADMISSION NO. 21: Admit Exclusive Nationwide Delivery Inc. obtained records from a company other than HireRight that screened James Gomez after Exclusive Nationwide Delivery Inc. hired James Gomez. ANSWER: ADMISSION NO. 22: Admit Defendant’s vehicle was equipped with a telematics device and/or system. ANSWER: ADMISSION NO. 23: Admit Defendant’s vehicle was not equipped with a telematics device and/or system. ANSWER: PLAINTIFF'S FIRST SET OF INTERROGATORIES, FIRST REQUEST FOR ADMISSIONS, FIRST REQUEST FOR PRODUCTION, AND REQUEST FOR PRIVILEGE LOG TO DEFENDANT EXCLUSIVE NATIONWIDE DELIVERY INC. — Page 12 REQUEST FOR PRODUCTION Pursuant to Rule 196 of the TEXAS RULES 0F CIVIL PROCEDURE, Plaintiff serves the following Requests for Production of Documents on Defendant, Exclusive Nationwide Delivery |nc.. Defendant is requested to respond fully, in writing, and in accordance with TRCP 196. The documents requested are to be produced to Plaintiff's counsel within fifty (50) days after service of this request. You are further advised that you are under a duty to reasonably supplement your answer. NOTE: For each separately numbered request below please delineate each set of documents so that it can be easily ascertained which documents relate to which numbered request. DEFINITIONS 1. “You,” and “Your," and "Defendant" mean Defendant, Exclusive Nationwide Delivery |nc., as captioned in Plaintiff's Original Petition, and all other person or entities acting on your behalf and all employees who work on your behalf in the course and scope of your employment and in furtherance of your business. “You” also includes any agent that acts on your behalf. 2. "Lawsuit" and “case” refer to this lawsuit filed in the District Court of Dallas County, Texas. 3. "Person" and “witness” means the plural as well as the singular and includes: natural persons, governmental agencies, municipalities, departments, units, or any subdivisions, corporations, firms, associations, partnerships, joint ventures, or any other form of business entity. 4. The terms "and" and "or" as used herein are to be interpreted both disjunctively and conjunctively. 5. "Document" and "documents" as used herein shall mean the original and each non-identical copy (whether different from the original because of marginal notes, or other material inserted therein, or attached thereto or otherwise) written or graphic matter, however produced or reproduced, PLAINTIFF'S FIRST SET OF INTERROGATORIES, FIRST REQUEST FOR ADMISSIONS, FIRST REQUEST FOR PRODUCTION, AND REQUEST FOR PRIVILEGE LOG TO DEFENDANT EXCLUSIVE NATIONWIDE DELIVERY INC. — Page 13 whether sent or received, or neither, including drafts and both sides thereof, and including, but not limited to, printed, typewritten, emails and computer printed or written matter, and mechanical, magnetic and electronic recordings and shall include, without limitation, letters, telegrams, cablegrams, telex messages, TWX messages, correspondence, notations, work papers, transcripts, corporate books or minutes, reports, memoranda studies, summaries, agendas, bulletins, records of telephone or other conversations, or of interviews, conferences or other meetings, maps, charts, plans, specifications, diagrams, photographs, affidavits, statements, statistical diagrams, records, lists, tabulations, memoranda, notes, diaries, calendars, calendar, pads, newspaper clippings, appointment books or records, reports, worksheets, printed business forms, expense account reports or records, contracts, agreements, accounting records (including loan history), promissory notes, security agreements, pledge agreements, guaranties, loan agreements, credit reports, loan applications, financial statements, loan memoranda, private placement memoranda, bank statements, certificates of deposit, letters of credit, bids, quotations, proposals, bills, invoices, statements and other books, records, papers, copies, and drafts and proposed forms of any of such items or matters, or tapes, disks, sound records, computer printouts, data processing input and output, microfilm, microfiche, all other records kept by electronic, photographic, or mechanical means, and items similar to all of the foregoing which were prepared by you or for you, or which are in or subject to your possession, custody, or control. The term "document" shall also include all "writings and recordings" as defined by Rule 1001 of the Texas Rules of Civil Evidence. If any tape, disk, card, wire, or other electronic or mechanical recording or transcript or any computer program is produced, you shall also produce such documents as are necessary for decoding, playing back, printing out, and/or interpretation thereof, and any other documents which are necessary to convert such information into a useful and usable format. If you can demonstrate that the original is unavailable, the terms "document" and "documents" shall also include a copy of the original. 6. "Identify," as used herein with respect to a person, means to provide the name, address, and telephone number of such person. 7. "Identify," as used herein with respect to a document, means to state with respect to such document sufficient detail to permit another party to this lawsuit to locate and identify as readily as can you, such document. Such information and detail might include for each document: (i) the name of the person who prepared it, (ii) the name of the person who signed it, or over whose name it was issued, (iii) the name of each person to whom it was addressed and/or sent or distributed, (iv) the general type of such documents (e.g., letter, memorandum, contract, etc.), (v) the date of such PLAINTIFF'S FIRST SET OF INTERROGATORIES, FIRST REQUEST FOR ADMISSIONS, FIRST REQUEST FOR PRODUCTION, AND REQUEST FOR PRIVILEGE LOG TO DEFENDANT EXCLUSIVE NATIONWIDE DELIVERY INC. – Page 14 document, or bears no date, the date on or about which it was made or if it prepared, (vi) the physical location of such document, and (vii) the name and address of the persons having possession, custody, or control of such document. In lieu of providing such information and detail, you may attach such document to your answer to these Interrogatories and indicate for which Interrogatory each document is applicable. “Plaintiff” means the Plaintiff captioned and identified in Plaintiff's Original Petition filed in this matter. “Negligence” means failure to use ordinary care; that is, failure to do that which a person of ordinary prudence would have done under the same or similar circumstances, or doing that which a person of ordinary prudence would not have done under the same or similar circumstances. 10. “Ordinary Care” means degree of care, which would be used by a that person of ordinary prudence under the same or similar circumstance. 11. “Proximate Cause” means a cause that was substantial factor in bringing about an event, and without which cause such event would not have occurred. In order to be a proximate cause, the act or omission complained of must be such that a person using ordinary care would have foreseen that the event, or some similar event, might reasonably result therefrom. There may be more than one proximate cause of an event. 12. The “collision,” “collision in question,” or “incident in question” refers to the vehicle accident on or about Tuesday, November 27, 2018, at or near 35E and Wintergreen Road within the city limits of Desoto, Dallas County, Texas. 13. Telematics “The process of gathering, storing, and/or transmitting - information, such as gps, location, speed, hard breaking events, crashes, video, satellite tracking information, etc., about Exclusive Nationwide Delivery |nc.'s trucks and/or drivers for safety, tracking, efficiency, compliance, and/or performance purposes. Regardless 0f if the process was completed by Exclusive Nationwide Delivery Inc. or a company hired by Defendant Exclusive Nationwide Delivery |nc..” REQUEST N0. 1: All policies Defendant regarding driver disciplinary actio