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FILED
9/6/2023 5:19 PM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Jenifer Trujillo DEPUTY
CAUSE NO. DC-19-10926
VASHONE RHODES § 1N THE DISTRICT COURT 0F
Plaintiffl §
§
vs. § DALLAS COUNTY, TEXAS
§
JAMES GOMEZ AND EXCLUSIVE §
NATIONWIDE DELIVERY INC. §
Defendants. § 160TH IUDICLAL DISTRICT
DEFENDANT EXCLUSIVE NATIONWIDE DELIVERY INC.’S
OBJECTIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW, Exclusive Nationwide Delivery Inc., Defendant in the above entitled and
numbered cause, and hereby submits the following Objections to Plaintiff s deposition
designations:
James Gomez
PAGE/LINE TO PAGE/LINE SUBJECT MATTER OBJECTIONS
22:7 to 22:9 Using trailer as part of Misleading, prejudicial,
23:7 to 23:9 duties for Exclusive relevance, designation 22:7 to
23:23 to 23:24 22:9 is incomplete
Francisco S. Gomez
PAGE/LINE T0 PAGE/LINE SUBJECT MATTER OBJECTIONS
11:6 to 11:8 Whether James Gomez Vague/confusing and
was using trailer for work misleading
with Exclusive
21:11 to 21:23 Whether James Gomez is Relevance, prejudicial,
a DOT or non-DOT misleading
driver for Exclusive
24:10 to 24:17 Pre-trip inspections and Relevance, prejudicial,
drug and alcohol testing misleading
25:8 to 26:25 Exclusive’s investigation Relevance, prejudicial,
and policies regarding misleading
wrecks
31:13 to 31:19 Whether James Gomez Misleading, prejudicial
was hauling a trailer used
DEFENDANT EXCLUSIVE NATIONWIDE DELIVERY INC.’S
OBJECTIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS PAGE 1
for Exclusive at time of
accident
Dr. Rawson Wood
PAGE/LINE TO PAGE/LINE SUBJECT MATTER OBJECTIONS
37:24 to 38:1 Whether Dr. Wood Designation is misleading,
completed an accident incomplete. Complete answer to
reconstruction the question runs until 38:3.
41:17 to 41:21 Requesting and Designation is misleading,
42:25 to 43:5 reviewing James incomplete. Complete answer to
Gomez’s deposition the question runs until 41 :23
testimony and 43 :7.
46:1 to 46:4 Force needed to cause Designation is misleading and
46:14 [Starting at “I can’t . .”] Rhodes’ shoulder injury incomplete. It intentionally
to 46:16 omits part of his answer to the
question (46:5 to 46:14).
47:10 to 47:15 [Ending at Force needed to cause Designation is misleading,
“that’s true.”] Rhodes’ shoulder injury incomplete. Complete answer to
the question runs until 47:18.
48:24 to 49:2 Testing Rhodes to Designation is misleading,
determine threshold for incomplete. Complete answer to
injury the question runs until 49:3.
54:19 to 54:22 Position of Rhodes’ back Designation is misleading,
incomplete. Complete answer to
the question runs until 54:23.
55:12 to 55:15 Position of Rhodes’ back Designation is misleading,
incomplete. Complete answer to
the question runs until 55:17.
57:19 to 57:22 Movement from impact Designation is misleading,
incomplete. Complete answer to
the question runs until 57:24.
59:20 to 59:25 Characterizing accident Mischaracterizes testimony,
as a rear-end wreck misleading
60:15 to 60:18 Direction of forces Desigiation is misleading,
incomplete. It cuts off his full
response to the question, which
ends at 60:19.
60:25 to 61:3 Classification as side- Designation is misleading,
swipe incomplete. Complete answer to
the question runs until 61:10.
63:4 to 63:7 Suggestion that Dr. Mischaracterizes testimony.
Wood classified accident Designation is misleading,
as a rear-end accident incomplete. Complete answer to
DEFENDANT EXCLUSIVE NATIONWIDE DELIVERY INC.’S
OBJECTIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS PAGE 2
the question runs until 63:13
ending at “sideswipe.”
71 :9 to 71 :11 Speed of James Gomez’s Mischaracterizes testimony.
vehicle Assumes facts not in evidence.
Designation is misleading,
incomplete. Complete answer to
the question runs until 71:17.
73:23 to 74:3 Testing performed in case Designation is misleading,
incomplete. Complete answer to
the question runs until 74:10.
73:22 to 73:23 Amount of money BRC Relevance, assumes facts not in
grosses evidence, prejudicial
77:19 to 77:20 Money earned at BRC Relevance, assumes facts not in
77:24 to 78:1 evidence, prejudicial
79:3 to 79:9 Funding for BRC’s Relevance, injects insurance in
research case, argumentative, assumes
facts not in evidence, prejudicial
83:3 to 83:8 endings at “that Amount BRC billed for Designation is misleading,
sounds correct” work on case incomplete. It cuts off his full
response to the question, which
ends at 83:8 at “whole team
effort.”
100:24 to 101:2 Information needed to Desigiation is misleading,
reconstruct accident incomplete. Complete answer to
the question runs until 101:11.
103:8 to 103:10 Whether Rhodes’ body Designation is misleading and
10320 to 103:2] moved in accident incomplete. It intentionally
omits part of his answer to the
question (103: 11 to 103:20).
104:6 to 104:10 How Rhodes’ body Designation is misleading,
would move in accident incomplete. Complete answer to
the question runs until 104:20.
DEFENDANT EXCLUSIVE NATIONWIDE DELIVERY INC.’S
OBJECTIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS PAGE 3
Respectfully submitted,
WALTERS, BALIDO & CRAIN, L.L.P.
BY: /s/ Randall G. Walters
RANDALL G. WALTERS — 20819480
randy.walters@wbclawfirm.com
NADINE K. WEATHERALL — 24073060
nadine.weatherall@wbclawfirm.com
Service of Documents:
WaltersEDocsNotifications@wbclawfirm.com
Meadow Park Tower, Suite 1500
10440 North Central Expressway
Dallas, Texas 75231
(214) 204-2400 — DIRECT
(214) 204—2100 — MAIN
(214) 204-2101 — FAX
ATTORNEYS FOR DEFENDANT
EXCLUSIVE NATIONWIDE DELIVERY INC.
CERTIFICATE OF SERVICE
This is to certify that on this the 6th day of September, 2023, a true and correct copy of the
above document has been forwarded to all known counsel of record.
/s/ Randall G. Walters
RANDALL G. WALTERS
DEFENDANT EXCLUSIVE NATIONWIDE DELIVERY INC.’S
OBJECTIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS PAGE 4
Automated Certificate of eService
This automated certificate of service was created by the efiling system.
The filer served this document via email generated by the efiling system
on the date and to the persons listed below. The rules governing
certificates of service have not changed. Filers must still provide a
certificate of service that complies with all applicable rules.
Araceli Guajardo on behalf of Randall Walters
Bar No. 20819480
aguajardo@wbclawfirm.com
Envelope ID: 79281850
Filing Code Description: Objection
Filing Description: DEFENDANTS/ TO PLAINTIFFS DEPOSITION
DESIGNATIONS
Status as of 9/7/2023 8:24 AM CST
Associated Case Party: VASHONE RHODES
Name BarNumber Email TimestampSubmitted Status
Amy Witherite 788698 amy.witherite@witheritelaw.com 9/6/2023 5:19:12 PM SENT
Shelly Tomlin Greco 24008168 shelly@greco.net 9/6/2023 5:19:12 PM SENT
V. Paige Eldridge paige.eldridge@witheritelaw.com 9/6/2023 5:19:12 PM SENT
Paige Eldridge paige.eldridge@ewlawyers.com 9/6/2023 5:19:12 PM SENT
Paige Eldridge paige.eldridge@witheritelaw.com 9/6/2023 5:19:12 PM SENT
Associated Case Party: JAMES GOMEZ
Name BarNumber Email TimestampSubmitted Status
Adam LeCrone eservice@lecronelaw.com 9/6/2023 5:19:12 PM SENT
John W.Breeze eservice@lecronelaw.com 9/6/2023 5:19:12 PM SENT
Associated Case Party: EXCLUSIVE NATIONWIDE DELIVERY, INC
Name BarNumber Email TimestampSubmitted Status
Johnny W. Breeze 796248 eservice@lecronelaw.com 9/6/2023 5:19:12 PM SENT
Randall GWalters waltersedocsnotifications@wbclawfirm.com 9/6/2023 5:19:12 PM SENT
Nadine K Weatherall nadine.weatherall@wbclawfirm.com 9/6/2023 5:19:12 PM SENT
Case Contacts
Name BarNumber Email TimestampSubmitted Status
William Schultz wschultz@geico.com 9/6/2023 5:19:12 PM SENT
Automated Certificate of eService
This automated certificate of service was created by the efiling system.
The filer served this document via email generated by the efiling system
on the date and to the persons listed below. The rules governing
certificates of service have not changed. Filers must still provide a
certificate of service that complies with all applicable rules.
Araceli Guajardo on behalf of Randall Walters
Bar No. 20819480
aguajardo@wbclawfirm.com
Envelope ID: 79281850
Filing Code Description: Objection
Filing Description: DEFENDANTS/ TO PLAINTIFFS DEPOSITION
DESIGNATIONS
Status as of 9/7/2023 8:24 AM CST
Case Contacts
PAIGE VELDRIDGE paiqe.eldridqe@ewlawyers.com 9/6/2023 5:19:12 PM ERROR
Craig Laird PCL@LAIRD.LAWYER 9/6/2023 5:19:12 PM SENT
Melissa Webb mwebb@geico.com 9/6/2023 5:19:12 PM SENT
Dianne Davis diadavis@geico.com 9/6/2023 5:19:12 PM SENT
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FILED 9/6/2023 5:19 PM FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS Jenifer Trujillo DEPUTY CAUSE NO. DC-19-10926 VASHONE RHODES § 1N THE DISTRICT COURT 0F Plaintiffl § § vs. § DALLAS COUNTY, TEXAS § JAMES GOMEZ AND EXCLUSIVE § NATIONWIDE DELIVERY INC. § Defendants. § 160TH IUDICLAL DISTRICT DEFENDANT EXCLUSIVE NATIONWIDE DELIVERY INC.’S OBJECTIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW, Exclusive Nationwide Delivery Inc., Defendant in the above entitled and numbered cause, and hereby submits the following Objections to Plaintiff s deposition designations: James Gomez PAGE/LINE TO PAGE/LINE SUBJECT MATTER OBJECTIONS 22:7 to 22:9 Using trailer as part of Misleading, prejudicial, 23:7 to 23:9 duties for Exclusive relevance, designation 22:7 to 23:23 to 23:24 22:9 is incomplete Francisco S. Gomez PAGE/LINE T0 PAGE/LINE SUBJECT MATTER OBJECTIONS 11:6 to 11:8 Whether James Gomez Vague/confusing and was using trailer for work misleading with Exclusive 21:11 to 21:23 Whether James Gomez is Relevance, prejudicial, a DOT or non-DOT misleading driver for Exclusive 24:10 to 24:17 Pre-trip inspections and Relevance, prejudicial, drug and alcohol testing misleading 25:8 to 26:25 Exclusive’s investigation Relevance, prejudicial, and policies regarding misleading wrecks 31:13 to 31:19 Whether James Gomez Misleading, prejudicial was hauling a trailer used DEFENDANT EXCLUSIVE NATIONWIDE DELIVERY INC.’S OBJECTIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS PAGE 1 for Exclusive at time of accident Dr. Rawson Wood PAGE/LINE TO PAGE/LINE SUBJECT MATTER OBJECTIONS 37:24 to 38:1 Whether Dr. Wood Designation is misleading, completed an accident incomplete. Complete answer to reconstruction the question runs until 38:3. 41:17 to 41:21 Requesting and Designation is misleading, 42:25 to 43:5 reviewing James incomplete. Complete answer to Gomez’s deposition the question runs until 41 :23 testimony and 43 :7. 46:1 to 46:4 Force needed to cause Designation is misleading and 46:14 [Starting at “I can’t . .”] Rhodes’ shoulder injury incomplete. It intentionally to 46:16 omits part of his answer to the question (46:5 to 46:14). 47:10 to 47:15 [Ending at Force needed to cause Designation is misleading, “that’s true.”] Rhodes’ shoulder injury incomplete. Complete answer to the question runs until 47:18. 48:24 to 49:2 Testing Rhodes to Designation is misleading, determine threshold for incomplete. Complete answer to injury the question runs until 49:3. 54:19 to 54:22 Position of Rhodes’ back Designation is misleading, incomplete. Complete answer to the question runs until 54:23. 55:12 to 55:15 Position of Rhodes’ back Designation is misleading, incomplete. Complete answer to the question runs until 55:17. 57:19 to 57:22 Movement from impact Designation is misleading, incomplete. Complete answer to the question runs until 57:24. 59:20 to 59:25 Characterizing accident Mischaracterizes testimony, as a rear-end wreck misleading 60:15 to 60:18 Direction of forces Desigiation is misleading, incomplete. It cuts off his full response to the question, which ends at 60:19. 60:25 to 61:3 Classification as side- Designation is misleading, swipe incomplete. Complete answer to the question runs until 61:10. 63:4 to 63:7 Suggestion that Dr. Mischaracterizes testimony. Wood classified accident Designation is misleading, as a rear-end accident incomplete. Complete answer to DEFENDANT EXCLUSIVE NATIONWIDE DELIVERY INC.’S OBJECTIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS PAGE 2 the question runs until 63:13 ending at “sideswipe.” 71 :9 to 71 :11 Speed of James Gomez’s Mischaracterizes testimony. vehicle Assumes facts not in evidence. Designation is misleading, incomplete. Complete answer to the question runs until 71:17. 73:23 to 74:3 Testing performed in case Designation is misleading, incomplete. Complete answer to the question runs until 74:10. 73:22 to 73:23 Amount of money BRC Relevance, assumes facts not in grosses evidence, prejudicial 77:19 to 77:20 Money earned at BRC Relevance, assumes facts not in 77:24 to 78:1 evidence, prejudicial 79:3 to 79:9 Funding for BRC’s Relevance, injects insurance in research case, argumentative, assumes facts not in evidence, prejudicial 83:3 to 83:8 endings at “that Amount BRC billed for Designation is misleading, sounds correct” work on case incomplete. It cuts off his full response to the question, which ends at 83:8 at “whole team effort.” 100:24 to 101:2 Information needed to Desigiation is misleading, reconstruct accident incomplete. Complete answer to the question runs until 101:11. 103:8 to 103:10 Whether Rhodes’ body Designation is misleading and 10320 to 103:2] moved in accident incomplete. It intentionally omits part of his answer to the question (103: 11 to 103:20). 104:6 to 104:10 How Rhodes’ body Designation is misleading, would move in accident incomplete. Complete answer to the question runs until 104:20. DEFENDANT EXCLUSIVE NATIONWIDE DELIVERY INC.’S OBJECTIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS PAGE 3 Respectfully submitted, WALTERS, BALIDO & CRAIN, L.L.P. BY: /s/ Randall G. Walters RANDALL G. WALTERS — 20819480 randy.walters@wbclawfirm.com NADINE K. WEATHERALL — 24073060 nadine.weatherall@wbclawfirm.com Service of Documents: WaltersEDocsNotifications@wbclawfirm.com Meadow Park Tower, Suite 1500 10440 North Central Expressway Dallas, Texas 75231 (214) 204-2400 — DIRECT (214) 204—2100 — MAIN (214) 204-2101 — FAX ATTORNEYS FOR DEFENDANT EXCLUSIVE NATIONWIDE DELIVERY INC. CERTIFICATE OF SERVICE This is to certify that on this the 6th day of September, 2023, a true and correct copy of the above document has been forwarded to all known counsel of record. /s/ Randall G. Walters RANDALL G. WALTERS DEFENDANT EXCLUSIVE NATIONWIDE DELIVERY INC.’S OBJECTIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS PAGE 4 Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules. Araceli Guajardo on behalf of Randall Walters Bar No. 20819480 aguajardo@wbclawfirm.com Envelope ID: 79281850 Filing Code Description: Objection Filing Description: DEFENDANTS/ TO PLAINTIFFS DEPOSITION DESIGNATIONS Status as of 9/7/2023 8:24 AM CST Associated Case Party: VASHONE RHODES Name BarNumber Email TimestampSubmitted Status Amy Witherite 788698 amy.witherite@witheritelaw.com 9/6/2023 5:19:12 PM SENT Shelly Tomlin Greco 24008168 shelly@greco.net 9/6/2023 5:19:12 PM SENT V. Paige Eldridge paige.eldridge@witheritelaw.com 9/6/2023 5:19:12 PM SENT Paige Eldridge paige.eldridge@ewlawyers.com 9/6/2023 5:19:12 PM SENT Paige Eldridge paige.eldridge@witheritelaw.com 9/6/2023 5:19:12 PM SENT Associated Case Party: JAMES GOMEZ Name BarNumber Email TimestampSubmitted Status Adam LeCrone eservice@lecronelaw.com 9/6/2023 5:19:12 PM SENT John W.Breeze eservice@lecronelaw.com 9/6/2023 5:19:12 PM SENT Associated Case Party: EXCLUSIVE NATIONWIDE DELIVERY, INC Name BarNumber Email TimestampSubmitted Status Johnny W. Breeze 796248 eservice@lecronelaw.com 9/6/2023 5:19:12 PM SENT Randall GWalters waltersedocsnotifications@wbclawfirm.com 9/6/2023 5:19:12 PM SENT Nadine K Weatherall nadine.weatherall@wbclawfirm.com 9/6/2023 5:19:12 PM SENT Case Contacts Name BarNumber Email TimestampSubmitted Status William Schultz wschultz@geico.com 9/6/2023 5:19:12 PM SENT Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules. Araceli Guajardo on behalf of Randall Walters Bar No. 20819480 aguajardo@wbclawfirm.com Envelope ID: 79281850 Filing Code Description: Objection Filing Description: DEFENDANTS/ TO PLAINTIFFS DEPOSITION DESIGNATIONS Status as of 9/7/2023 8:24 AM CST Case Contacts PAIGE VELDRIDGE paiqe.eldridqe@ewlawyers.com 9/6/2023 5:19:12 PM ERROR Craig Laird PCL@LAIRD.LAWYER 9/6/2023 5:19:12 PM SENT Melissa Webb mwebb@geico.com 9/6/2023 5:19:12 PM SENT Dianne Davis diadavis@geico.com 9/6/2023 5:19:12 PM SENT