Preview
FILED
4/11/2023 3:03 PM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Steve Brashear DEPUTY
CAUSE NO. DC-22-13895
ABEL SALAS IN THE DISTRICT COURT
Plaintiff,
VS. 4474 JUDICIAL DISTRICT
TEXAS INTERNATIONAL
ENTERPRISES, INC. AND PEDRO
MARTINEZ RODRIGUEZ, DALLAS COUNTY, TEXAS
Defendants.
PLAINTIFF’S MOTION TO COMPEL DISCOVERY RESPONSES FROM.
DEFENDANTS TEXAS INTERNATIONAL ENTERPRISES, INC. AND PEDRO
MARTINEZ RODRIGUEZ
TO THE HONORABLE JUDGE OF SAID COURT:
COME NOW, Plaintiff ABEL SALAS and brings this Motion to Compel Discovery
Responses from Defendants TEXAS INTERNATIONAL ENTERPRISES, INC, AND PEDRO MARTINEZ
RODRIGUEZ and in support thereof, Plaintiff would respectfully show the Court as follows:
A. Introduction
1 Plaintiff sued Defendants for damages and injuries sustained in an incident which occurred
on or about September 30, 2021.
2. Service was perfected and Defendants TEXAS INTERNATIONAL ENTERPRISES, INC. AND
PEDRO MARTINEZ RODRIGUEZ filed their answer.
3 Plaintiff served Defendant PEDRO MARTINEZ RODRIGUEZ with their first set of Request for
Production, Request for Admissions, and First Set of Interrogatories on February 2, 2023.!
Defendant Pedro Rodriguez e-served his responses but failed to adequately respond to
Interrogatories Numbers: 5, 6, 7, 8, 10, 14, and 15, and Request for Production Numbers: 6, 8, 14,
1 Exhibit 1: Plaintiff's First Set of Discovery to Defendant Rodriguez
1
and 27.7 On March 22, 2023, Plaintiff's counsel emailed defense counsel requesting they supplement
their discovery responses.*
4 Plaintiff served Defendant TEXAS INTERNATIONAL ENTERPRISES, INC. with their first set of
Request for Production, Request for Admissions, and First Set of Interrogatories on February 2,
2023.4 Defendant Texas International Enterprises, Inc. e-served their responses but failed to
adequately respond to Interrogatories Numbers: 4, 6, 8, 9, 10, and 11 and Request for Production
Numbers: 6, 7, 8, 11,20, 21, 22, 23, 26 , 27, 28, 29, 30, 31, 32, 36, 38, 40, 41, 42, 43, 44, 45, 46, and
47.° On April 29, 2022, Plaintiff's counsel emailed defense counsel requesting they supplement their
discovery responses.
B. Argument and Authorities
The purpose to discovery is to “seek the truth, so that disputes may be decided by what the
facts reveal, not by what facts are concealed.” Discovery may be obtained about any matter
relevant to the subject matter of the case. Information is discoverable as long as it appears
teasonably calculated to lead to the discovery of admissible evidence.
The responses requested are relevant to the subject matter in this pending cause and are
reasonably calculated to lead to the discovery of admissible evidence. The responses to the
request for disclosure are needed to determine what further discovery is needed and to otherwise
prepare for trial. Accordingly, Defendants, TEXAS INTERNATIONAL ENTERPRISES, INC. AND
PEDRO MARTINEZ RODRIGUEZ, should be required to produce answers to Plaintiff's First Set of
Interrogatories and Request for Production requests.
Efforts to resolve these matters without court intervention were attempted as evidenced
by the Certificate of Conference included herein.
2 Exhibit 2: Defendant Pedro Rodriguez’ Responses to Discovery
3 Exhibit 3: Email to Defense Counsel
4 Exhibit 4: Plaintiffs First Set of Discovery to Defendant Texas International
2,
PRAYER
WHEREFORE, PREMISES CONSIDERED, Movant prays that, upon hearing hereof,
Defendants TEXAS INTERNATIONAL ENTERPRISES, INC. AND PEDRO MARTINEZ RODRIGUEZ be
ordered to be answer Plaintiffs First Set of Interrogatories and Request for Production as requested
hereinabove, and for such and further relief that may be awarded at law or in equity.
Respectfully submitted,
McCormick LAW FIRM
400 South Industrial Blvd., Suite 200
Euless, Texas 76040
Telephone: (682) 444-4444
Facsimile: (972) 982-7618
By: /s/ Phillip Ripper
PHILLIP RIPPER
STATE BAR NO.: 24085866
W. CAGNEY McCCorMICK
STATE BAR NO.: 24083473
Email: PRipper@theinjuryattorney.law
ATTORNEYS FOR PLAINTIFFS
CERTIFICATE OF CONFERENCE
This is to certify that the undersigned attorney attempted in good faith to resolve the issues
surrounding this discovery matter without intervention, however those attempts failed. Therefore, the
matter is presented to the Court for determination.
/s/ Phillip Ripp
Phillip Ripper
5 Exhibit2: Defendant Texas International Enterprises’ Responses to Responses
3
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing document was sent in the required manner,
pursuant to Rule 21a of the Texas Rules of Civil Procedure, to the following counsel of record on the
yh day of April, 2023.
VIA E-SERVICE:
RICHARD MOSHER/ANDREA JARERO
THOMPSON, COE, COUSINS & IRONS, LLP
700 N. Pearl Street, 25'" Floor
Dallas, Texas 75201
Telephone: (214) 871-8200
Facsimile: (214) 871-8209
Email: rmosher@thompsoncoe.com
Email: ajarero@thompsoncoe.com
ATTORNEYS FOR DEFENDANTS TEXAS INTERNATIONAL ENTERPRISES, INC. AND PEDRO MARTINEZ
RODRIGUEZ
/s/ Phillip Ripper
PHILLIP RIPPER
EXHIBIT 1
CAUSE NO. DC-22-13895
ABEL SALAS, IN THE DISTRICT COURT
Plaintiff
VS. 44 JUDICIAL DISTRICT
TEXAS INTERNATIONAL
ENTERPRISES, INC. AND PEDRO
MARTINEZ RODRIGUEZ,
Defendants. DALLAS COUNTY, TEXAS
PLAINTIFF’S FIRST SET OF INTERROGATORIES, REQUEST FOR PRODUCTION,
AND REQUEST FOR ADMISSIONS TO DEFENDANT PEDRO MARTINEZ
RODRIGUEZ
TO: Defendant TEXAS INTERNATIONAL ENTERPRISES, INC. AND PEDRO MARTINEZ
RODRIGUEZ, by and through their attorney of record RICHARD M. MOSHER, THOMPSON,
CoE, COUSINS & IRONS, LLP, 700 N. Pearl, Street, 25" Floor, Dallas, Texas 75201.
These interrogatories are filed and served pursuant to RULE 197 of the TEXAS RULES OF
CIVIL PROCEDURE. Plaintiff requests that Defendant answer separately and fully in writing and
under oath each of the following interrogatories within thirty (30) days after service of this request,
or within fifty (50) days after service of the citation and petition, whichever is later.
Pursuant to Rule 196, Texas Rules of Civil Procedure, Plaintiffs request that the Defendant
produce copies of, or permit Plaintiffs to inspect, sample, test, photograph, and/or copy the
designated documents, records, or tangible things which are in your possession, custody, or
control, or are available to you, or are in the possession, custody, or control of your agents,
representatives, or attorneys.
Plaintiff designates the manner of discovery to be by Defendant providing Plaintiffs’
attorney with a photocopy or duplicate of each of the designated documents, records, or tangible
things in Defendant’s possession, custody, or control, or by making the designated items available
for inspection, sampling, testing, photographing and/or copying at the office of Plaintiffs’ attorney.
If the requested documents, records, or tangible things cannot readily be copied, produced, and
delivered to Plaintiffs’ attorneys, or made available for inspection, sampling, testing,
photographing, and/or copying at the office of Plaintiffs’ attorney, Plaintiffs are agreeable to
conducting discovery in the office of Defendant's counsel or Defendant's premises or obtaining
delivery there from. Plaintiffs will return Defendant's photographs, movies, videotapes, and
tangible unduplicated items to Defendant as requested by Defendant.
Plaintiffs designate fifty (50) days after service of citation, petition and these requests for
discovery and inspection to obtain custody of such items. Pursuant to Rule 166b.6, Texas Rules
of Civil Procedure, these Requests for Production and Discovery are continuing in nature and
require supplementation as soon as is practical, but in no event less than thirty (30) days prior to
the beginning of trial, and specifically include supplementation regarding expert witnesses, and
expert witnesses! reports, physical models, compilations of data, photographs or videos, and other
materials that have been prepared by, relied upon, reviewed by, or used by an expert.
Pursuant to Rule 198, Texas Rules of Civil Procedure, you are requested to admit or deny
the truth of statements or opinions of fact or of the application of law to fact, including the
genuineness of any documents served with this requests or otherwise furnished or made available
for inspection and copying. This request extends to all matters set forth in the accompanying
attachments.
Each matter of which an admission is requested will be admitted unless, within thirty (30)
days after service of this request, or within fifty (50) days after service of the citation and petition,
whichever is later, you serve upon the Plaintiff, through the undersigned attorney of record, a
written answer or objection concerning such matter, either specifically denying the matter of which
an admission is requested or setting forth in detail the reasons why you cannot truthfully either
admit or deny the matter.
Respectfully Submitted,
McCormick LAW FIRM
400 South Industrial Boulevard, Suite 200
Euless, Texas 76040
Telephone: (210) 777-3333
Facsimile: (972) 982-7618
By: /s/ Phillip Ripper
Phillip Ripper
State Bar No. 24085866
Email: PRipper@theinjuryattorney.law
W. Cagney McCormick
State Bar No. 24083473
ATTORNEYS FOR PLAINTIFFS
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the above and foregoing was served in
accordance with the TEXAS RULES OF CIVIL PROCEDURE on this the _2"! day of February 2023, to
the following counsel of record:
VIA E-SERVICE:
Richard M. Mosher
THOMPSON, COE, COUSINS & IRONS, LLP
700 N. Pearl Street, 25" Floor
Dallas, Texas 75201
Telephone: (214) 871-8200
Facsimile: (214) 871-8209
Email: rmosher@thompsoncoe.com
ATTORNEYS FOR DEFENDANTS TEXAS INTERNATIONAL ENTERPRISES, INC. AND PEDRO
MARTINEZ RODRIGUEZ
By: /s/ Phillip Ripper
Phillip Ripper
DEFINITIONS AND INSTRUCTIONS
As used herein, the term "you", "your", or "Defendant" shall mean PEDRO MARTINEZ
RODRIGUEZ, as well as your attorneys, agents, employees, and all other natural persons or
business or legal entities acting, or purporting to act, for or on your behalf whether
authorized to do so or not.
When used herein Plaintiff’ means ABEL SALAS.
Cc When used herein ne incident" or "collision" mean the motor vehicle collision which
occurred on September 30, 2021.
The term "document" or "documents" shall mean all writings, correspondence, papers,
books, treatises, publications, accounts, drawings, graphs, graphics, charts, movies,
photographs, written or electronically recorded or compiled notes, test results, or
memoranda, audio tape recordings, and video tape recordings of every kind, source, and
authorship, both originals and all non identical copies thereof, together with all attachments
and appendices, which are in your possession, custody, or control, or known by you to
exist, whether or not such was intended for or transmitted internally by you, or was
intended for or transmitted to any other person or entity, including but not limited to any
government agency, department, administrative agency, or private entity or person. The
term shall include handwritten, typewritten, printed, photocopied, photographic,
electronically recorded, or graphic matter. The term "document" or "documents" shall
also include communications in words, symbols, pictures, audio recordings, films/movies,
video tapes, CD Roms, and all information stored in, or accessible through, computers or
other electronic information transmittal, storage or retrieval systems, together with the
codes and/or programming instructions and all other materials necessary to understand and
use such systems.
The term "Person" shall include individuals, associations, partnerships, corporations, joint
ventures, proprietorships, agencies, boards, commissions, governmental entities, and any
other institutions whether formed for business purposes or any other purposes and the
officers, representatives, employees, and agents of such associations, partnerships, public
or private corporation, joint ventures, proprietorships, agencies, boards, commissions,
governmental entities, and institutions.
Unless defined otherwise in an individual Interrogatory "Identify", "Identity", or
"Identification" have the following meanings:
1 When used in reference to a person, "identify", "identity", or "identification" means
to state his/her full name, present or last known residence address, and phone
number, or present or last known business address, and business telephone number.
When used in reference to a public or private corporation, governmental entity,
partnership, association, or any other business entity, "identify", "identity", or
"identification" means to state its full name, present or last known business address
or operating address, telephone number, and the name of its chief executive officer
or manager at that address.
When used in reference to a document, "identify wow
, identity", or "identification"
shall include a statement of the following:
(a) the title, heading, or caption, if any, of such document, or the general nature
or description of such document (i.e., whether it is a letter, memorandum,
minutes of a meeting, etc.) with sufficient particularity so as to enable such
document to be precisely identified; and
(b) all identi ing numbers, letters, or combination thereof, if any, and the
significance or meaning of such numbers, letters, or combination thereof, if
necessary for an understanding of the document and evaluation of any claim
of protection from discovery; and
(c) the date appearing on such document; and if no date appears thereon, the
answer shall so state and shall give the date or approximate date on which
such document was prepared; and
(d) the number of pages; and
(e) the name and capacity of the person who signed such document; if it was
not signed, the answer shall so state and shall give the name of the person
or persons who prepared it; and
(f) the name and capacity of the person to whom such document was addressed;
the name and capacity of each person or persons, other than such addressee,
to whom a copy was sent; and
(h) the physical location of the document; and
@ the identity of its custodian or custodians.
When used in reference to a book, treatise, or publication "identify", "identity", or
"identification" shall include a statement of the following:
(a) the title; and
(b) the author; and
(c) the date it was published, generated, or disseminated; and
(d) the identity of the publishing company.
When used in reference to a statement, "identify", "identity", or "identification"
means the following:
(a) the identity of the person who made the statement, and
(b) the date, location, and method by which the statement was taken and/or
recorded; and
(c) the identity of the person or persons who has present or last known
possession, custody, or control of the statement.
When used in reference to an incident, occurrence, claim, notice, or suit, "identify",
"identity", or "identification" means to state the following:
(a) the identity of the person(s) involved in the incident or occurrence, or
making the claim; and
(b) the date and place of the incident or occurrence on which the claim, notice,
or suit is/was based; and
(c) what is alleged to have occurred; and
(d) for each lawsuit: the style, cause number, and court.
G. If any document which would be responsive to any Interrogatory herein was, but is no
longer, in your possession or subject to your control, or is no longer in existence, identify
each document, in the manner defined herein above, and by additionally stating:
() if it is missing or lost; or
(2) if it has been destroyed; or
(3) if it has been transferred voluntarily to others; or
(4) it has been otherwise disposed of;
and in each instance in which it has been destroyed, transferred, or disposed of:
1 explain the circumstances surrounding such disposition; and
2. identify the persons(s) directing or authorizing its destruction or transfer;
and
the date(s) of such direction or authorization; and
whether the document (or copies) are still in existence, and if so, identify
the custodians(s) and its (or their) present locations(s).
"Control" means within your possession, custody, or control and includes constructive
possession as long as you, your attorneys, agents, or representatives, whether natural
persons or business or legal entities, have possession, custody, or control or have superior
right to compel production from any third party, whether natural persons or business or
legal entities, and including any agency, authority, or representative.
PLAINTIFF’S FIRST SET OF INTERROGATORIES TO DEFENDANT PEDRO
MARTINEZ RODRIGUEZ
1. State your full name, address, telephone number, driver’s license number, all restrictions
and endorsements to your driver’s license, social security number, and date of birth.
ANSWER:
2. State each and every individual act and omission on the part of the Plaintiffs, which you
now contend or will contend at trial caused or contributed to the collision made the basis
of this lawsuit.
ANSWER:
3. State each and every factor, other than the alleged negligence of the Plaintiffs, which you
now contend or will contend at trial contributed to the collision including, but not limited
to, acts or omissions of negligence of other party or parties, or potential Third-Party
Defendants; sudden emergency; unavoidable accident; mechanical defect; or Act of God.
ANSWER:
4 State each and every factor, which you now contend or will contend at trial caused or
contributed to the Plaintiffs damages including, but not limited to, pre-existing physical or
medical conditions of the Plaintiffs.
ANSWER:
5. Identify each traffic citation you have received in the past five years. As used in this
Interrogatory “Identify” means to state the date of each citation/ticket, the reason, the
disposition, and the location (city and state).
ANSWER:
Identify each motor vehicle collision in which you have been involved as a driver,
excluding the incident made the basis of this suit. As used in this Interrogatory “Identify”
means to state the date of the collision, the identity of the other driver(s), the location
(including the street, city, and state), and, if fault was determined, the result.
ANSWER:
7
If your driver’s license has ever been suspended, or if any action has ever been initiated
to suspend your driver’s license, identify the agency that initiated suspension proceeding,
the reason or reasons stated for each suspension, and the result.
ANSWER:
8. If you have ever been arrested for any offense other than minor traffic violations, state the
date of each arrest, the name of each arresting agency, the city and state, the offense
charged, the Court, the type of plea entered, and the disposition of each arrest.
ANSWER:
9. Identify (as defined in Paragraph #5 of Definitions and Instructions) each of your
employers for the last five (5) years and include dates of employment, your job title, your
job duties, how you were paid (commission, hourly, salary), and the reason for termination
of the employment.
ANSWER:
10. Describe in your own words where you had been just prior to the collision, where you were
going at the time of the collision, the purpose of the trip and how the collision occurred
stating specifically and in detail what the claim or contention of the Defendant will be
regarding any cause or contributing cause of the collision, including a statement of the
facts or information upon which this contention is based. Please include in your description
the speed or estimated speed that your vehicle was traveling at the time of the incident.
ANSWER:
11. Describe any traffic citation you received as a result of this collision by stating the name, and
location of the court involved, the violations of the law charged in that citation, and the date,
place and manner (i.e., type of plea, bail, forfeit, trial, etc.) of disposition of the citation.
ANSWER:
12. State whether you were acting within course and scope of any agency, employment
(including self-employment), or service at the time of wreck, and if so, state the name of your
employer or company for which you were performing tasks, their address, telephone number,
your job title, your job duties, dates of employment / service, how you were paid
(commission, hourly, salary, by the job), and describe the relationship to this company (i.e.,
employet/employee, independent contractor, etc.).
ANSWER:
13. State in detail what intoxicating beverages, if any, you had consumed and what drugs and
medications you took in the twenty-four (24) hour period prior to the collision.
ANSWER:
14. Please provide the name(s) and address(es) of the cellular and/or wireless telephone company
and the telephone number of all cellular and/or wireless telephones that were in your vehicle
and in your possession and in the possession of all passengers at the time of the incident.
ANSWER:
15. If you have a prescription for corrective lenses, please state whether or not you were wearing
the lenses at the time of the incident made the basis of this lawsuit, what vision impairment
the correction is for, and when the lens prescription was last up-dated.
ANSWER:
16. Please identify all illnesses and physical conditions (including visual conditions) you have
that may affect your ability to safely operate a vehicle, including, but not limited to, any
medications you regularly take that affect your ability to safely operate a vehicle. Please
explain how these affect and/or could affect your driving abilities.
ANSWER:
PLAINTIFF RAYAH LEMONS’ REQUEST FOR PRODUCTION TO DEFENDANT
PEDRO MARTINEZ RODRIGUEZ
Complete and legible photocopies of all written statements taken from the Plaintiffs by the
Defendant, or anyone acting on Defendant's behalf.
Complete and fully audible duplicate audio tapes, video tapes, and electronic recordings of
all statements given by or taken from the Plaintiffs by the Defendant, or anyone acting on
Defendant's behalf, including complete and legible transcripts.
Complete and legible photocopies of all statements taken by you, or someone on your
behalf, from witnesses and persons with knowledge of relevant facts.
All photographs, video tapes, movies, and other graphic representations of the scene of the
collision, the vehicles involved, and the parties involved.
All plats, surveys, diagrams, sketches, and maps of the scene of the collision and the
vehicles involved.
All investigative reports relating to the incident in question, including all documents,
memoranda, photographs, videotapes, movies, statements, reports, drawings,
communications, and tangible things attached to such reports, or referred to therein.
A complete copy of each testifying expert's file relating to this lawsuit.
A duplicate copy of each primary, umbrella, and excess insurance policy or agreement,
including the declarations page, which was in effect at the time of the collision including
all non-waiver agreements, reservation of rights letters, or other documents or
communications regarding any contractual obligations owed by you.
All documents and records, including expert's reports, with regard to the causation of the
occurrence made the basis for this suit.
10 All documents and records, including expert's reports, with regard to the medical condition
of the Plaintiff excluding any documents and records provided by Plaintiffs.
11 All documents, records, reports, notations, and memoranda relating to any insurance
claims, including property damage claims, or worker's compensation claims made by you
as a result of this incident.
12 All newspaper articles that pertain to or reference the collision.
13 All reports, publications, regulations, or other documents evidencing any safety standards,
laws, regulations, ordinances, or industry standards which you contend or will contend at
trial were violated by the Plaintiffs.
14 All documents, records, reports, notations, or memoranda regarding the Plaintiffs from
persons or entities that compile claim information, insurance claims, and worker's
compensation claims, specifically including the Southwest Index Bureau and all similar
persons or entities.
15 All published documents, treatises, periodicals or pamphlets on the subject of medicine,
accident reconstruction, and any other area of scientific study that you claim to be a reliable
authority which may be used by you at the time of trial.
16 All published documents, treatises, periodicals or pamphlets on the subject of medicine,
accident reconstruction, and any other area of scientific study that any of your testifying
experts claim to be a reliable authority which may be used at the time of trial.
17 All published documents, treatises, periodicals or pamphlets on the subject of medicine,
accident reconstruction, and any other area of scientific study that any of your testifying
experts rely upon to support their opinions and mental impressions.
18 All documents, reports, publications, and regulations evidencing safety standards, laws,
regulations, ordinances, or industry standards which you now contend or will contend at
trial support any defensive theory.
19 All documents, reports, publications, and regulations evidencing safety standards, laws,
regulations, and ordinances that any of your testifying experts claim to be a reliable
authority which may be used at the time of trial.
20 All documents, reports, publications, and regulations evidencing safety standards, laws,
regulations, and ordinances that any of your testifying experts rely upon to support their
opinions and mental impressions.
21 Any and all trial exhibits.
22 Any and all settlement agreements, wherein you have arrived at a settlement or agreement
between you and any other person, whether or not a party to this lawsuit, regarding or
pertaining to the incident made the basis of this lawsuit or any damages resulting therefrom.
23 A copy of all medical records, doctor or hospital records, reports, or medical documents of
any kind containing information about the plaintiff and/or concerning the medical or
physical condition of the plaintiff which are in the possession or constructive possession,
custody or control of the defendant, Defendant’s attorney or anyone acting on Defendant’s
behalf.
24 Copies of any and all books, documents or other tangible things which may be used at the
time of trial, which may have a bearing on Plaintiffs’ cause of action.
25 Copies of any and all tangible things whose production has not been requested previously
in this or other requests which defendant does not intend to introduce into evidence at trial
but may be used as demonstrative evidence at trial.
26 A copy of all documents relating to any criminal records pertaining to plaintiff(s).
27 A copy of all medical records, doctor or hospital records, reports, or medical documents
of any kind containing information about you and/or the plaintiff arising from this
accident.
28 Produce all documents and tangible things that relate to the existence, extent, treatment
for, or expenses relating to your injuries, specifically including but not limited to all
medical bills or reports, statements or charges
29 A copy of your driver’s license, which was valid on September 30, 2021, or if none exists
acopy of any state issued identification card issued to you.
30 A copy of any driving permits or driver’s license applications that you had prior
September 30, 2021.
PLAINTIFF RAYAH LEMONS’ REQUESTS FOR ADMISSIONS TO DEFENDANT
PEDRO MARTINEZ RODRIGUEZ
1 Admit that you were operating the vehicle in question at the time of the incident which
forms the basis of this suit.
Admit or Deny:
2) Admit you were working for TEXAS INTERNATIONAL ENTERPRISES, INC., at the time of
the wreck in question.
Admit or Deny:
3 Admit TEXAS INTERNATIONAL ENTERPRISES, INC, was the owner of the vehicle you were
driving that was involved in the wreck in question.
Admit or Deny:
4 Admit you were working for TEXAS INTERNATIONAL ENTERPRISES, INC. at the time of
the wreck in question.
Admit or Deny:
5 Admit TEXAS INTERNATIONAL ENTERPRISES, INC. was the owner of the vehicle you were
driving that was involved in the wreck
Admit or Deny:
6 Admit that your negligence proximately caused the occurrence in question.
Admit or Deny:
7
Admit that you are liable for the incident and injuries which form the basis of this lawsuit.
Admit or Deny:
8 Admit that there was no act or omission on the part of any third person which was the sole
and proximate cause of the occurrence made the basis of this action.
Admit or Deny:
9 Admit that the occurrence made the basis of this action was not an unavoidable accident.
Admit or Deny:
10. Admit that the occurrence made the basis of this action was not the result of a sudden and
unexpected emergency.
Admit or Deny:
11. Admit that the occurrence made the basis of this action was not caused solely by an act of
God.
Admit or Deny:
12. Admit that the Plaintiff did not commit any act or omissions which constituted negligence
which proximately caused the incident which is the basis of this lawsuit.
Admit or Deny:
13. Admit that the medical bills incurred by Plaintiff ABEL SALAS were necessary for the
treatment of the injuries sustained by ABEL SALAS and the charges for such services were
reasonable.
Admit or Deny:
14. Admit that the injuries described in Plaintiff ABEL SALAS medical records were
proximately caused by the incident which forms the basis of this suit.
Admit or Deny:
15. Admit that Plaintiff ABEL SALAS suffered mental anguish as a proximate result of the
occurrence in question.
Admit or Deny:
16. Admit that Plaintiff ABEL SALAS suffered physical pain as a proximate result of the
occurrence in question.
Admit or Deny:
17. Admit that your inattention caused the injuries suffered by Plaintiff as a result of the
occurrence in question.
Admit or Deny:
18. Admit that your responses herein are truthful.
Admit or Deny:
19. Admit or Deny that you were the under the influence of alcohol at the time.
Admit or Deny:
20. Admit that you had a cell phone in your vehicle on the day of this accident.
Admit or Deny:
21. Admit that this Cell phone was in use at the time of this collision.
Admit or Deny:
22. Admit or deny that you were legally intoxicated at the time of the incident in question:
Admit or Deny:
23. Admit that Plaintiff, ABEL SALAS suffered permanent injuries as a result of your negligence
and gross negligence
Admit or Deny:
24. Admit or deny that you believe that all drivers have a duty to pay attention when driving:
Admit or Deny:
25. Admit or deny that you believe that all drivers have a duty to follow the rules of the road:
Admit or Deny:
26. Admit or deny that you failed to timely apply your brakes:
Admit or Deny:
27. Admit or deny that you do not perform regular maintenance on the automobile you PEDRO
MARTINEZ RODRIGUEZ were driving at the time of the incident making the basis for this
lawsuit:
Admit or Deny:
28. Admit or deny that you had consumed drugs or alcohol in the 24 hours preceding the
incident in question:
Admit or Deny:
29. Admit or deny that you carry other liability insurance policies that would cover the claims
of Plaintiffs:
Admit or Deny:
30. Admit or deny that you accept full responsibility for the incident made the bases of this
lawsuit:
Admit or Deny:
31. Admit or deny that all of your assets are not exempt and not subject to attachment in the
event judgment is entered against you:
Admit or Deny:
32. Admit or deny that you were using a cellular phone at the time of the incident in question:
Admit or Deny:
33. Admit or deny that you were driving a vehicle without a valid driver’s license at the time
of the incident in question:
Admit or Deny:
34. Admit or deny that you were not distracted by any electronic devices in the vehicle in the
moments leading up to the incident in question:
Admit or Deny:
EXHIBIT 2
CAUSE NO. DC-22-13895
ABEL SALAS, IN THE DISTRICT COURT
Plaintiff,
v.
44" JUDICIAL DISTRICT
TEXAS INTERNATIONAL
ENTERPRISES, INC, and PEDRO
MARTINEZ RODRIGUEZ,
Defendants. DALLAS COUNTY, TEXAS
DEFENDANT PEDRO MARTINEZ RODRIGUEZ’S
RESPONSES TO PLAINTIFF’S FIRST SET OF INTERROGATORIES,
REQUEST FOR PRODUCTION AND REQUEST FOR ADMISSION
Pursuant to Rules 196, 197 and 198 of the Texas Rules of Civil Procedure, Pedro Martinez
Rodriguez (“Defendant” or “Rodriguez”) hereby serves his Responses to Plaintiffs First Set of
Interrogatories, Request for Production and Request for Admission as follows:
Respectfully submitted,
/s/ Richard M. Mosher
Richard M. Mosher
State Bar No. 14580300
rmosher@thompsoncoe.com
Andrea Jarero
State Bar No. 24105404
jarero@thompsoncoe.com
THOMPSON, COE, COUSINS & IRONS, L.L.P.
700 N. Pearl Street, 25" Floor
Dallas, Texas 75201
Telephone: (214) 871-8200
Facsimile: (214) 871-8209
ATTORNEYS FOR DEFENDANTS
TEXAS INTERNATIONAL ENTERPRISES,
INC. and PEDRO MARTINEZ RODRIGUEZ
DEFENDANT PEDRO MARTINEZ RODRIGUEZ’S RESPONSES TO PLAINTIFF’S FIRST SET OF
INTERROGATORIES, REQUEST FOR PRODUCTION AND REQUEST FOR ADMISSION — Page
119470681
12790,009
CERTIFICATE OF SERVICE
This is to certify that a true and correct copy of the foregoing document has been served on
all parties of record, on this 3 day of March, 2023.
Phillip Ripper
W. Cagney McCormick
McCormick Law Firm
400 S. Industrial Blvd., Suite 200
Euless, TX 76040
/s/ Richard M. Mosher
Richard M. Mosher
Andrea Jarero
DEFENDANT PEDRO MARTINEZ RODRIGUEZ’S RESPONSES TO PLAINTIFF’S FIRST SET OF
INTERROGATORIES, REQUEST FOR PRODUCTION AND REQUEST FOR ADMISSION — Page
11947068v1
12790,009
RESPONSES TO PLAINTIFF’S FIRST SET OF INTERROGATORIES
1 State your full name, address, telephone number, driver’s license number, all restrictions and
endorsements to your driver’s license, social security number, and date of birth.
ANSWER: Objection. This Interrogatory violates and invades Defendant’s right to privacy.
Pedro Rodriguez Martinez
c/o Richard M. Mosher
Andrea H. Jarero
Thompson, Coe, Cousins & Irons, LLP
700 N. Pearl Street, 25thFloor
Dallas, TX 7501
(214) 871-8200
956-415-1043; COAH108959; no restrictions; DOB 02/21/1973.
2. State each and every individual act and omission on the part of the Plaintiffs, which you now
contend or will contend at trial caused or contributed to the collision made the basis of this lawsuit.
ANSWER: Objection. Defendant objects to this Interrogatory as it attempts to require
Defendant to marshal all of his available proof or the proof he intends to offer at trial, which is
prohibited by Tex. R. Civ. P. 197.1 and Comment 1 thereto. It is an improper attempt to limit
Defendant’s trial testimony.
Subject to and without waiving the foregoing, please see Defendant’s Original Answer, Initial
Disclosures, and any amendments/supplements thereto, for Defendant’s contentions and
defenses. Defendant reserves the right to supplement this response as discovery is ongoing.
3 State each and every factor, other than the alleged negligence of the Plaintiffs, which you now
contend or will contend at trial contributed to the collision including, but not limited to, acts or
omissions of negligence of other party or parties, or potential Third-Party Defendants; sudden
emergency; unavoidable accident; mechanical defect; or Act of God.
ANSWER: Objection. Defendant objects to this Interrogatory because it requires Defendant to
marshal all of his available proof or the proof he intends to offer at trial, which is prohibited by
Tex. R. Civ. P. 197.1 and Comment 1 thereto. It is an improper attempt to limit Defendant’s
trial testimony.
Subject to and without waiving the foregoing, please see Defendant’s Original Answer, Initial
Disclosures, and any amendments/supplements thereto, for Defendant’s contentions and
defenses. Defendant reserves the right to supplement this response as discovery is ongoing.
4 State each and every factor, which you now contend or will contend at trial caused or
contributed to the Plaintiffs damages including, but not limited to, pre-existing physical or medical
conditions of the Plaintiffs.
DEFENDANT PEDRO MARTINEZ RODRIGUEZ’S RESPONSES TO PLAINTIFF’S FIRST SET OF
INTERROGATORIES, REQUEST FOR PRODUCTION AND REQUEST FOR ADMISSION — Page
119470681
12790,009
ANSWER: Objection. The proper procedural tools for the requested information on experts
are Request for Disclosure pursuant to Tex. R. Civ. P. 194.2(f), and through depositions
pursuant to Tex. R. Civ. P. 195. It attempts to require Defendant to marshal all of his available
proof or the proof he intends to offer at trial, which is prohibited by Tex. R. Civ. P. 197.1 and
Comment 1 thereto. It is an improper attempt to limit Defendant’s trial testimony. Finally,
Defendant objects to the extent that this Interrogatory calls for an expert opinion which is
outside the purview of Defendant’s knowledge.
Subject to and without waiving the foregoing, please see Defendant’s Original Answer, Initial
Disclosures, and any amendments/supplements thereto, for Defendant’s contentions and
defenses. Defendant reserves the right to supplement this response as discovery is ongoing.
5 Identify each traffic citation you have received in the past five years. As used in this
Interrogatory “Identify”means to state the date of each citation/ticket, the reason, the disposition, and
the location (city and state).
ANSWER: Objection. This Interrogatory is overly broad and harassing, as it is not reasonably
limited in scope or time. This request seeks information and documents that are irrelevant,
inadmissible, and not reasonably calculated to lead to the discovery of admissible evidence.
Subject to and without waiving the foregoing objections, this information is public and equally
available to Plaintiff. Please see public records.
6 Identify each motor vehicle collision in which you have been involved as a driver, excluding
the incident made the basis of this suit. As used in this Interrogatory “Identify”’means to state the date
of the collision, the identity of the other driver(s), the location (including the street, city, and state),
and, if fault was determined, the result.
ANSWER: Objection. This Interrogatory seeks irrelevant information, is overly broad in scope
and time, unduly burdensome, and is, accordingly, not reasonably calculated to lead to the
discovery of admissible evidence. Additionally, Defendant objects that this request is not limited
to “substantially similar” incidents as required under Texas law. See, e.g., Uniroyal Goodrich
Tire Co. v. Martinez, 977 S.W.2d 328, 341 (Tex. 1998); Nissan Motor Co. v. Armstrong, 145
S.W.3d 131, 138 (Tex. 2004); Johnson v. Ford Motor Co., 988 F.2d 573, 579 (5 Cir. 1993).
Subject to and without waiving the foregoing objections, none.
7 If your driver’s license has ever been suspended, or if any action has ever been initiated to
suspend your driver’s license, identify the agency that initiated suspension proceeding, the reason or
reasons stated for each suspension, and the result.
ANSWER: Objection. This Interrogatory is overly broad and harassing, as it is not reasonably
limited in scope or time. This request seeks information and documents that are irrelevant,
inadmissible, and not reasonably calculated to lead to the discovery of admissible evidence.
Subject to and without waiving the foregoing objections, none.
DEFENDANT PEDRO MARTINEZ RODRIGUEZ’S RESPONSES TO PLAINTIFF’S FIRST SET OF
INTERROGATORIES, REQUEST FOR PRODUCTION AND REQUEST FOR ADMISSION — Page
119470681
12790,009
8 If you have ever been arrested for any offense other than minor traffic violations, state the
date of each arrest, the name of each arresting agency, the city and state, the offense charged, the
Court, the type of plea entered, and the disposition of each arrest.
ANSWER: Objection. This Interrogatory is overly broad and harassing, as it is not reasonably
limited in scope or time. This request seeks information and documents that are irrelevant,
inadmissible and not reasonably calculated to lead to the discovery of admissible evidence.
Subject to and without waiving the foregoing objections, this information is public and equally
available to Plaintiff. Please see public records.
9 Identify (as defined in Paragraph #5 of Definitions and Instructions) each of your employers
for the last five (5) years and include dates of employment, your job title, your job duties, how you
were paid (commission, hourly, salary), and the reason for termination of the employment.
ANSWER: Defendant has been employed as a driver at Texas International Enterprises, Inc.
for approximately two years. Prior to that, Defendant was employed as a driver at Rali in
Coahuila, Mexico for approximately two years. Prior to that, Defendant was employed as a
driver with Isodoro Mata for approximately one year and a half. For further answer please see
documents produced herein.
10. Describe in your own words where you had been just prior to the collision, where you were
going at the time of the collision, the purpose of the trip and how the collision occurred stating
specifically and in detail what the claim or contention of the Defendant will be regarding any cause
or contributing cause of the collision, including a statement of the facts or information upon which
this contention is based. Please include in your description the speed or estimated speed that your
vehicle was traveling at the time of the incident.
ANSWER: Objection. This Interrogatory calls for a narrative response better suited for a
deposition. This is an improper attempt to limit Defendant’s trial testimony on the subject.
Subject to and without waiving the foregoing objections, Defendant was traveling from Nash,
Texas toward Laredo, Texas at the time the collision in question occurred. The impact occurred
in Rowlett, Texas on I-30 traveling westbound. For further detail please see Defendant’s
deposition testimony, Defendant’s Original Answer, Initial Disclosures, and any
amendments/supplements thereto, for Defendant’s contentions and defenses. Defendant
reserves the right to supplement this response as discovery is ongoing.
11. Describe any traffic citation you received as a result of this collision by stating the name, and
location of the court involved, the violations of the l
Preview
FILED 4/11/2023 3:03 PM FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS Steve Brashear DEPUTY CAUSE NO. DC-22-13895 ABEL SALAS IN THE DISTRICT COURT Plaintiff, VS. 4474 JUDICIAL DISTRICT TEXAS INTERNATIONAL ENTERPRISES, INC. AND PEDRO MARTINEZ RODRIGUEZ, DALLAS COUNTY, TEXAS Defendants. PLAINTIFF’S MOTION TO COMPEL DISCOVERY RESPONSES FROM. DEFENDANTS TEXAS INTERNATIONAL ENTERPRISES, INC. AND PEDRO MARTINEZ RODRIGUEZ TO THE HONORABLE JUDGE OF SAID COURT: COME NOW, Plaintiff ABEL SALAS and brings this Motion to Compel Discovery Responses from Defendants TEXAS INTERNATIONAL ENTERPRISES, INC, AND PEDRO MARTINEZ RODRIGUEZ and in support thereof, Plaintiff would respectfully show the Court as follows: A. Introduction 1 Plaintiff sued Defendants for damages and injuries sustained in an incident which occurred on or about September 30, 2021. 2. Service was perfected and Defendants TEXAS INTERNATIONAL ENTERPRISES, INC. AND PEDRO MARTINEZ RODRIGUEZ filed their answer. 3 Plaintiff served Defendant PEDRO MARTINEZ RODRIGUEZ with their first set of Request for Production, Request for Admissions, and First Set of Interrogatories on February 2, 2023.! Defendant Pedro Rodriguez e-served his responses but failed to adequately respond to Interrogatories Numbers: 5, 6, 7, 8, 10, 14, and 15, and Request for Production Numbers: 6, 8, 14, 1 Exhibit 1: Plaintiff's First Set of Discovery to Defendant Rodriguez 1 and 27.7 On March 22, 2023, Plaintiff's counsel emailed defense counsel requesting they supplement their discovery responses.* 4 Plaintiff served Defendant TEXAS INTERNATIONAL ENTERPRISES, INC. with their first set of Request for Production, Request for Admissions, and First Set of Interrogatories on February 2, 2023.4 Defendant Texas International Enterprises, Inc. e-served their responses but failed to adequately respond to Interrogatories Numbers: 4, 6, 8, 9, 10, and 11 and Request for Production Numbers: 6, 7, 8, 11,20, 21, 22, 23, 26 , 27, 28, 29, 30, 31, 32, 36, 38, 40, 41, 42, 43, 44, 45, 46, and 47.° On April 29, 2022, Plaintiff's counsel emailed defense counsel requesting they supplement their discovery responses. B. Argument and Authorities The purpose to discovery is to “seek the truth, so that disputes may be decided by what the facts reveal, not by what facts are concealed.” Discovery may be obtained about any matter relevant to the subject matter of the case. Information is discoverable as long as it appears teasonably calculated to lead to the discovery of admissible evidence. The responses requested are relevant to the subject matter in this pending cause and are reasonably calculated to lead to the discovery of admissible evidence. The responses to the request for disclosure are needed to determine what further discovery is needed and to otherwise prepare for trial. Accordingly, Defendants, TEXAS INTERNATIONAL ENTERPRISES, INC. AND PEDRO MARTINEZ RODRIGUEZ, should be required to produce answers to Plaintiff's First Set of Interrogatories and Request for Production requests. Efforts to resolve these matters without court intervention were attempted as evidenced by the Certificate of Conference included herein. 2 Exhibit 2: Defendant Pedro Rodriguez’ Responses to Discovery 3 Exhibit 3: Email to Defense Counsel 4 Exhibit 4: Plaintiffs First Set of Discovery to Defendant Texas International 2, PRAYER WHEREFORE, PREMISES CONSIDERED, Movant prays that, upon hearing hereof, Defendants TEXAS INTERNATIONAL ENTERPRISES, INC. AND PEDRO MARTINEZ RODRIGUEZ be ordered to be answer Plaintiffs First Set of Interrogatories and Request for Production as requested hereinabove, and for such and further relief that may be awarded at law or in equity. Respectfully submitted, McCormick LAW FIRM 400 South Industrial Blvd., Suite 200 Euless, Texas 76040 Telephone: (682) 444-4444 Facsimile: (972) 982-7618 By: /s/ Phillip Ripper PHILLIP RIPPER STATE BAR NO.: 24085866 W. CAGNEY McCCorMICK STATE BAR NO.: 24083473 Email: PRipper@theinjuryattorney.law ATTORNEYS FOR PLAINTIFFS CERTIFICATE OF CONFERENCE This is to certify that the undersigned attorney attempted in good faith to resolve the issues surrounding this discovery matter without intervention, however those attempts failed. Therefore, the matter is presented to the Court for determination. /s/ Phillip Ripp Phillip Ripper 5 Exhibit2: Defendant Texas International Enterprises’ Responses to Responses 3 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing document was sent in the required manner, pursuant to Rule 21a of the Texas Rules of Civil Procedure, to the following counsel of record on the yh day of April, 2023. VIA E-SERVICE: RICHARD MOSHER/ANDREA JARERO THOMPSON, COE, COUSINS & IRONS, LLP 700 N. Pearl Street, 25'" Floor Dallas, Texas 75201 Telephone: (214) 871-8200 Facsimile: (214) 871-8209 Email: rmosher@thompsoncoe.com Email: ajarero@thompsoncoe.com ATTORNEYS FOR DEFENDANTS TEXAS INTERNATIONAL ENTERPRISES, INC. AND PEDRO MARTINEZ RODRIGUEZ /s/ Phillip Ripper PHILLIP RIPPER EXHIBIT 1 CAUSE NO. DC-22-13895 ABEL SALAS, IN THE DISTRICT COURT Plaintiff VS. 44 JUDICIAL DISTRICT TEXAS INTERNATIONAL ENTERPRISES, INC. AND PEDRO MARTINEZ RODRIGUEZ, Defendants. DALLAS COUNTY, TEXAS PLAINTIFF’S FIRST SET OF INTERROGATORIES, REQUEST FOR PRODUCTION, AND REQUEST FOR ADMISSIONS TO DEFENDANT PEDRO MARTINEZ RODRIGUEZ TO: Defendant TEXAS INTERNATIONAL ENTERPRISES, INC. AND PEDRO MARTINEZ RODRIGUEZ, by and through their attorney of record RICHARD M. MOSHER, THOMPSON, CoE, COUSINS & IRONS, LLP, 700 N. Pearl, Street, 25" Floor, Dallas, Texas 75201. These interrogatories are filed and served pursuant to RULE 197 of the TEXAS RULES OF CIVIL PROCEDURE. Plaintiff requests that Defendant answer separately and fully in writing and under oath each of the following interrogatories within thirty (30) days after service of this request, or within fifty (50) days after service of the citation and petition, whichever is later. Pursuant to Rule 196, Texas Rules of Civil Procedure, Plaintiffs request that the Defendant produce copies of, or permit Plaintiffs to inspect, sample, test, photograph, and/or copy the designated documents, records, or tangible things which are in your possession, custody, or control, or are available to you, or are in the possession, custody, or control of your agents, representatives, or attorneys. Plaintiff designates the manner of discovery to be by Defendant providing Plaintiffs’ attorney with a photocopy or duplicate of each of the designated documents, records, or tangible things in Defendant’s possession, custody, or control, or by making the designated items available for inspection, sampling, testing, photographing and/or copying at the office of Plaintiffs’ attorney. If the requested documents, records, or tangible things cannot readily be copied, produced, and delivered to Plaintiffs’ attorneys, or made available for inspection, sampling, testing, photographing, and/or copying at the office of Plaintiffs’ attorney, Plaintiffs are agreeable to conducting discovery in the office of Defendant's counsel or Defendant's premises or obtaining delivery there from. Plaintiffs will return Defendant's photographs, movies, videotapes, and tangible unduplicated items to Defendant as requested by Defendant. Plaintiffs designate fifty (50) days after service of citation, petition and these requests for discovery and inspection to obtain custody of such items. Pursuant to Rule 166b.6, Texas Rules of Civil Procedure, these Requests for Production and Discovery are continuing in nature and require supplementation as soon as is practical, but in no event less than thirty (30) days prior to the beginning of trial, and specifically include supplementation regarding expert witnesses, and expert witnesses! reports, physical models, compilations of data, photographs or videos, and other materials that have been prepared by, relied upon, reviewed by, or used by an expert. Pursuant to Rule 198, Texas Rules of Civil Procedure, you are requested to admit or deny the truth of statements or opinions of fact or of the application of law to fact, including the genuineness of any documents served with this requests or otherwise furnished or made available for inspection and copying. This request extends to all matters set forth in the accompanying attachments. Each matter of which an admission is requested will be admitted unless, within thirty (30) days after service of this request, or within fifty (50) days after service of the citation and petition, whichever is later, you serve upon the Plaintiff, through the undersigned attorney of record, a written answer or objection concerning such matter, either specifically denying the matter of which an admission is requested or setting forth in detail the reasons why you cannot truthfully either admit or deny the matter. Respectfully Submitted, McCormick LAW FIRM 400 South Industrial Boulevard, Suite 200 Euless, Texas 76040 Telephone: (210) 777-3333 Facsimile: (972) 982-7618 By: /s/ Phillip Ripper Phillip Ripper State Bar No. 24085866 Email: PRipper@theinjuryattorney.law W. Cagney McCormick State Bar No. 24083473 ATTORNEYS FOR PLAINTIFFS CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the above and foregoing was served in accordance with the TEXAS RULES OF CIVIL PROCEDURE on this the _2"! day of February 2023, to the following counsel of record: VIA E-SERVICE: Richard M. Mosher THOMPSON, COE, COUSINS & IRONS, LLP 700 N. Pearl Street, 25" Floor Dallas, Texas 75201 Telephone: (214) 871-8200 Facsimile: (214) 871-8209 Email: rmosher@thompsoncoe.com ATTORNEYS FOR DEFENDANTS TEXAS INTERNATIONAL ENTERPRISES, INC. AND PEDRO MARTINEZ RODRIGUEZ By: /s/ Phillip Ripper Phillip Ripper DEFINITIONS AND INSTRUCTIONS As used herein, the term "you", "your", or "Defendant" shall mean PEDRO MARTINEZ RODRIGUEZ, as well as your attorneys, agents, employees, and all other natural persons or business or legal entities acting, or purporting to act, for or on your behalf whether authorized to do so or not. When used herein Plaintiff’ means ABEL SALAS. Cc When used herein ne incident" or "collision" mean the motor vehicle collision which occurred on September 30, 2021. The term "document" or "documents" shall mean all writings, correspondence, papers, books, treatises, publications, accounts, drawings, graphs, graphics, charts, movies, photographs, written or electronically recorded or compiled notes, test results, or memoranda, audio tape recordings, and video tape recordings of every kind, source, and authorship, both originals and all non identical copies thereof, together with all attachments and appendices, which are in your possession, custody, or control, or known by you to exist, whether or not such was intended for or transmitted internally by you, or was intended for or transmitted to any other person or entity, including but not limited to any government agency, department, administrative agency, or private entity or person. The term shall include handwritten, typewritten, printed, photocopied, photographic, electronically recorded, or graphic matter. The term "document" or "documents" shall also include communications in words, symbols, pictures, audio recordings, films/movies, video tapes, CD Roms, and all information stored in, or accessible through, computers or other electronic information transmittal, storage or retrieval systems, together with the codes and/or programming instructions and all other materials necessary to understand and use such systems. The term "Person" shall include individuals, associations, partnerships, corporations, joint ventures, proprietorships, agencies, boards, commissions, governmental entities, and any other institutions whether formed for business purposes or any other purposes and the officers, representatives, employees, and agents of such associations, partnerships, public or private corporation, joint ventures, proprietorships, agencies, boards, commissions, governmental entities, and institutions. Unless defined otherwise in an individual Interrogatory "Identify", "Identity", or "Identification" have the following meanings: 1 When used in reference to a person, "identify", "identity", or "identification" means to state his/her full name, present or last known residence address, and phone number, or present or last known business address, and business telephone number. When used in reference to a public or private corporation, governmental entity, partnership, association, or any other business entity, "identify", "identity", or "identification" means to state its full name, present or last known business address or operating address, telephone number, and the name of its chief executive officer or manager at that address. When used in reference to a document, "identify wow , identity", or "identification" shall include a statement of the following: (a) the title, heading, or caption, if any, of such document, or the general nature or description of such document (i.e., whether it is a letter, memorandum, minutes of a meeting, etc.) with sufficient particularity so as to enable such document to be precisely identified; and (b) all identi ing numbers, letters, or combination thereof, if any, and the significance or meaning of such numbers, letters, or combination thereof, if necessary for an understanding of the document and evaluation of any claim of protection from discovery; and (c) the date appearing on such document; and if no date appears thereon, the answer shall so state and shall give the date or approximate date on which such document was prepared; and (d) the number of pages; and (e) the name and capacity of the person who signed such document; if it was not signed, the answer shall so state and shall give the name of the person or persons who prepared it; and (f) the name and capacity of the person to whom such document was addressed; the name and capacity of each person or persons, other than such addressee, to whom a copy was sent; and (h) the physical location of the document; and @ the identity of its custodian or custodians. When used in reference to a book, treatise, or publication "identify", "identity", or "identification" shall include a statement of the following: (a) the title; and (b) the author; and (c) the date it was published, generated, or disseminated; and (d) the identity of the publishing company. When used in reference to a statement, "identify", "identity", or "identification" means the following: (a) the identity of the person who made the statement, and (b) the date, location, and method by which the statement was taken and/or recorded; and (c) the identity of the person or persons who has present or last known possession, custody, or control of the statement. When used in reference to an incident, occurrence, claim, notice, or suit, "identify", "identity", or "identification" means to state the following: (a) the identity of the person(s) involved in the incident or occurrence, or making the claim; and (b) the date and place of the incident or occurrence on which the claim, notice, or suit is/was based; and (c) what is alleged to have occurred; and (d) for each lawsuit: the style, cause number, and court. G. If any document which would be responsive to any Interrogatory herein was, but is no longer, in your possession or subject to your control, or is no longer in existence, identify each document, in the manner defined herein above, and by additionally stating: () if it is missing or lost; or (2) if it has been destroyed; or (3) if it has been transferred voluntarily to others; or (4) it has been otherwise disposed of; and in each instance in which it has been destroyed, transferred, or disposed of: 1 explain the circumstances surrounding such disposition; and 2. identify the persons(s) directing or authorizing its destruction or transfer; and the date(s) of such direction or authorization; and whether the document (or copies) are still in existence, and if so, identify the custodians(s) and its (or their) present locations(s). "Control" means within your possession, custody, or control and includes constructive possession as long as you, your attorneys, agents, or representatives, whether natural persons or business or legal entities, have possession, custody, or control or have superior right to compel production from any third party, whether natural persons or business or legal entities, and including any agency, authority, or representative. PLAINTIFF’S FIRST SET OF INTERROGATORIES TO DEFENDANT PEDRO MARTINEZ RODRIGUEZ 1. State your full name, address, telephone number, driver’s license number, all restrictions and endorsements to your driver’s license, social security number, and date of birth. ANSWER: 2. State each and every individual act and omission on the part of the Plaintiffs, which you now contend or will contend at trial caused or contributed to the collision made the basis of this lawsuit. ANSWER: 3. State each and every factor, other than the alleged negligence of the Plaintiffs, which you now contend or will contend at trial contributed to the collision including, but not limited to, acts or omissions of negligence of other party or parties, or potential Third-Party Defendants; sudden emergency; unavoidable accident; mechanical defect; or Act of God. ANSWER: 4 State each and every factor, which you now contend or will contend at trial caused or contributed to the Plaintiffs damages including, but not limited to, pre-existing physical or medical conditions of the Plaintiffs. ANSWER: 5. Identify each traffic citation you have received in the past five years. As used in this Interrogatory “Identify” means to state the date of each citation/ticket, the reason, the disposition, and the location (city and state). ANSWER: Identify each motor vehicle collision in which you have been involved as a driver, excluding the incident made the basis of this suit. As used in this Interrogatory “Identify” means to state the date of the collision, the identity of the other driver(s), the location (including the street, city, and state), and, if fault was determined, the result. ANSWER: 7 If your driver’s license has ever been suspended, or if any action has ever been initiated to suspend your driver’s license, identify the agency that initiated suspension proceeding, the reason or reasons stated for each suspension, and the result. ANSWER: 8. If you have ever been arrested for any offense other than minor traffic violations, state the date of each arrest, the name of each arresting agency, the city and state, the offense charged, the Court, the type of plea entered, and the disposition of each arrest. ANSWER: 9. Identify (as defined in Paragraph #5 of Definitions and Instructions) each of your employers for the last five (5) years and include dates of employment, your job title, your job duties, how you were paid (commission, hourly, salary), and the reason for termination of the employment. ANSWER: 10. Describe in your own words where you had been just prior to the collision, where you were going at the time of the collision, the purpose of the trip and how the collision occurred stating specifically and in detail what the claim or contention of the Defendant will be regarding any cause or contributing cause of the collision, including a statement of the facts or information upon which this contention is based. Please include in your description the speed or estimated speed that your vehicle was traveling at the time of the incident. ANSWER: 11. Describe any traffic citation you received as a result of this collision by stating the name, and location of the court involved, the violations of the law charged in that citation, and the date, place and manner (i.e., type of plea, bail, forfeit, trial, etc.) of disposition of the citation. ANSWER: 12. State whether you were acting within course and scope of any agency, employment (including self-employment), or service at the time of wreck, and if so, state the name of your employer or company for which you were performing tasks, their address, telephone number, your job title, your job duties, dates of employment / service, how you were paid (commission, hourly, salary, by the job), and describe the relationship to this company (i.e., employet/employee, independent contractor, etc.). ANSWER: 13. State in detail what intoxicating beverages, if any, you had consumed and what drugs and medications you took in the twenty-four (24) hour period prior to the collision. ANSWER: 14. Please provide the name(s) and address(es) of the cellular and/or wireless telephone company and the telephone number of all cellular and/or wireless telephones that were in your vehicle and in your possession and in the possession of all passengers at the time of the incident. ANSWER: 15. If you have a prescription for corrective lenses, please state whether or not you were wearing the lenses at the time of the incident made the basis of this lawsuit, what vision impairment the correction is for, and when the lens prescription was last up-dated. ANSWER: 16. Please identify all illnesses and physical conditions (including visual conditions) you have that may affect your ability to safely operate a vehicle, including, but not limited to, any medications you regularly take that affect your ability to safely operate a vehicle. Please explain how these affect and/or could affect your driving abilities. ANSWER: PLAINTIFF RAYAH LEMONS’ REQUEST FOR PRODUCTION TO DEFENDANT PEDRO MARTINEZ RODRIGUEZ Complete and legible photocopies of all written statements taken from the Plaintiffs by the Defendant, or anyone acting on Defendant's behalf. Complete and fully audible duplicate audio tapes, video tapes, and electronic recordings of all statements given by or taken from the Plaintiffs by the Defendant, or anyone acting on Defendant's behalf, including complete and legible transcripts. Complete and legible photocopies of all statements taken by you, or someone on your behalf, from witnesses and persons with knowledge of relevant facts. All photographs, video tapes, movies, and other graphic representations of the scene of the collision, the vehicles involved, and the parties involved. All plats, surveys, diagrams, sketches, and maps of the scene of the collision and the vehicles involved. All investigative reports relating to the incident in question, including all documents, memoranda, photographs, videotapes, movies, statements, reports, drawings, communications, and tangible things attached to such reports, or referred to therein. A complete copy of each testifying expert's file relating to this lawsuit. A duplicate copy of each primary, umbrella, and excess insurance policy or agreement, including the declarations page, which was in effect at the time of the collision including all non-waiver agreements, reservation of rights letters, or other documents or communications regarding any contractual obligations owed by you. All documents and records, including expert's reports, with regard to the causation of the occurrence made the basis for this suit. 10 All documents and records, including expert's reports, with regard to the medical condition of the Plaintiff excluding any documents and records provided by Plaintiffs. 11 All documents, records, reports, notations, and memoranda relating to any insurance claims, including property damage claims, or worker's compensation claims made by you as a result of this incident. 12 All newspaper articles that pertain to or reference the collision. 13 All reports, publications, regulations, or other documents evidencing any safety standards, laws, regulations, ordinances, or industry standards which you contend or will contend at trial were violated by the Plaintiffs. 14 All documents, records, reports, notations, or memoranda regarding the Plaintiffs from persons or entities that compile claim information, insurance claims, and worker's compensation claims, specifically including the Southwest Index Bureau and all similar persons or entities. 15 All published documents, treatises, periodicals or pamphlets on the subject of medicine, accident reconstruction, and any other area of scientific study that you claim to be a reliable authority which may be used by you at the time of trial. 16 All published documents, treatises, periodicals or pamphlets on the subject of medicine, accident reconstruction, and any other area of scientific study that any of your testifying experts claim to be a reliable authority which may be used at the time of trial. 17 All published documents, treatises, periodicals or pamphlets on the subject of medicine, accident reconstruction, and any other area of scientific study that any of your testifying experts rely upon to support their opinions and mental impressions. 18 All documents, reports, publications, and regulations evidencing safety standards, laws, regulations, ordinances, or industry standards which you now contend or will contend at trial support any defensive theory. 19 All documents, reports, publications, and regulations evidencing safety standards, laws, regulations, and ordinances that any of your testifying experts claim to be a reliable authority which may be used at the time of trial. 20 All documents, reports, publications, and regulations evidencing safety standards, laws, regulations, and ordinances that any of your testifying experts rely upon to support their opinions and mental impressions. 21 Any and all trial exhibits. 22 Any and all settlement agreements, wherein you have arrived at a settlement or agreement between you and any other person, whether or not a party to this lawsuit, regarding or pertaining to the incident made the basis of this lawsuit or any damages resulting therefrom. 23 A copy of all medical records, doctor or hospital records, reports, or medical documents of any kind containing information about the plaintiff and/or concerning the medical or physical condition of the plaintiff which are in the possession or constructive possession, custody or control of the defendant, Defendant’s attorney or anyone acting on Defendant’s behalf. 24 Copies of any and all books, documents or other tangible things which may be used at the time of trial, which may have a bearing on Plaintiffs’ cause of action. 25 Copies of any and all tangible things whose production has not been requested previously in this or other requests which defendant does not intend to introduce into evidence at trial but may be used as demonstrative evidence at trial. 26 A copy of all documents relating to any criminal records pertaining to plaintiff(s). 27 A copy of all medical records, doctor or hospital records, reports, or medical documents of any kind containing information about you and/or the plaintiff arising from this accident. 28 Produce all documents and tangible things that relate to the existence, extent, treatment for, or expenses relating to your injuries, specifically including but not limited to all medical bills or reports, statements or charges 29 A copy of your driver’s license, which was valid on September 30, 2021, or if none exists acopy of any state issued identification card issued to you. 30 A copy of any driving permits or driver’s license applications that you had prior September 30, 2021. PLAINTIFF RAYAH LEMONS’ REQUESTS FOR ADMISSIONS TO DEFENDANT PEDRO MARTINEZ RODRIGUEZ 1 Admit that you were operating the vehicle in question at the time of the incident which forms the basis of this suit. Admit or Deny: 2) Admit you were working for TEXAS INTERNATIONAL ENTERPRISES, INC., at the time of the wreck in question. Admit or Deny: 3 Admit TEXAS INTERNATIONAL ENTERPRISES, INC, was the owner of the vehicle you were driving that was involved in the wreck in question. Admit or Deny: 4 Admit you were working for TEXAS INTERNATIONAL ENTERPRISES, INC. at the time of the wreck in question. Admit or Deny: 5 Admit TEXAS INTERNATIONAL ENTERPRISES, INC. was the owner of the vehicle you were driving that was involved in the wreck Admit or Deny: 6 Admit that your negligence proximately caused the occurrence in question. Admit or Deny: 7 Admit that you are liable for the incident and injuries which form the basis of this lawsuit. Admit or Deny: 8 Admit that there was no act or omission on the part of any third person which was the sole and proximate cause of the occurrence made the basis of this action. Admit or Deny: 9 Admit that the occurrence made the basis of this action was not an unavoidable accident. Admit or Deny: 10. Admit that the occurrence made the basis of this action was not the result of a sudden and unexpected emergency. Admit or Deny: 11. Admit that the occurrence made the basis of this action was not caused solely by an act of God. Admit or Deny: 12. Admit that the Plaintiff did not commit any act or omissions which constituted negligence which proximately caused the incident which is the basis of this lawsuit. Admit or Deny: 13. Admit that the medical bills incurred by Plaintiff ABEL SALAS were necessary for the treatment of the injuries sustained by ABEL SALAS and the charges for such services were reasonable. Admit or Deny: 14. Admit that the injuries described in Plaintiff ABEL SALAS medical records were proximately caused by the incident which forms the basis of this suit. Admit or Deny: 15. Admit that Plaintiff ABEL SALAS suffered mental anguish as a proximate result of the occurrence in question. Admit or Deny: 16. Admit that Plaintiff ABEL SALAS suffered physical pain as a proximate result of the occurrence in question. Admit or Deny: 17. Admit that your inattention caused the injuries suffered by Plaintiff as a result of the occurrence in question. Admit or Deny: 18. Admit that your responses herein are truthful. Admit or Deny: 19. Admit or Deny that you were the under the influence of alcohol at the time. Admit or Deny: 20. Admit that you had a cell phone in your vehicle on the day of this accident. Admit or Deny: 21. Admit that this Cell phone was in use at the time of this collision. Admit or Deny: 22. Admit or deny that you were legally intoxicated at the time of the incident in question: Admit or Deny: 23. Admit that Plaintiff, ABEL SALAS suffered permanent injuries as a result of your negligence and gross negligence Admit or Deny: 24. Admit or deny that you believe that all drivers have a duty to pay attention when driving: Admit or Deny: 25. Admit or deny that you believe that all drivers have a duty to follow the rules of the road: Admit or Deny: 26. Admit or deny that you failed to timely apply your brakes: Admit or Deny: 27. Admit or deny that you do not perform regular maintenance on the automobile you PEDRO MARTINEZ RODRIGUEZ were driving at the time of the incident making the basis for this lawsuit: Admit or Deny: 28. Admit or deny that you had consumed drugs or alcohol in the 24 hours preceding the incident in question: Admit or Deny: 29. Admit or deny that you carry other liability insurance policies that would cover the claims of Plaintiffs: Admit or Deny: 30. Admit or deny that you accept full responsibility for the incident made the bases of this lawsuit: Admit or Deny: 31. Admit or deny that all of your assets are not exempt and not subject to attachment in the event judgment is entered against you: Admit or Deny: 32. Admit or deny that you were using a cellular phone at the time of the incident in question: Admit or Deny: 33. Admit or deny that you were driving a vehicle without a valid driver’s license at the time of the incident in question: Admit or Deny: 34. Admit or deny that you were not distracted by any electronic devices in the vehicle in the moments leading up to the incident in question: Admit or Deny: EXHIBIT 2 CAUSE NO. DC-22-13895 ABEL SALAS, IN THE DISTRICT COURT Plaintiff, v. 44" JUDICIAL DISTRICT TEXAS INTERNATIONAL ENTERPRISES, INC, and PEDRO MARTINEZ RODRIGUEZ, Defendants. DALLAS COUNTY, TEXAS DEFENDANT PEDRO MARTINEZ RODRIGUEZ’S RESPONSES TO PLAINTIFF’S FIRST SET OF INTERROGATORIES, REQUEST FOR PRODUCTION AND REQUEST FOR ADMISSION Pursuant to Rules 196, 197 and 198 of the Texas Rules of Civil Procedure, Pedro Martinez Rodriguez (“Defendant” or “Rodriguez”) hereby serves his Responses to Plaintiffs First Set of Interrogatories, Request for Production and Request for Admission as follows: Respectfully submitted, /s/ Richard M. Mosher Richard M. Mosher State Bar No. 14580300 rmosher@thompsoncoe.com Andrea Jarero State Bar No. 24105404 jarero@thompsoncoe.com THOMPSON, COE, COUSINS & IRONS, L.L.P. 700 N. Pearl Street, 25" Floor Dallas, Texas 75201 Telephone: (214) 871-8200 Facsimile: (214) 871-8209 ATTORNEYS FOR DEFENDANTS TEXAS INTERNATIONAL ENTERPRISES, INC. and PEDRO MARTINEZ RODRIGUEZ DEFENDANT PEDRO MARTINEZ RODRIGUEZ’S RESPONSES TO PLAINTIFF’S FIRST SET OF INTERROGATORIES, REQUEST FOR PRODUCTION AND REQUEST FOR ADMISSION — Page 119470681 12790,009 CERTIFICATE OF SERVICE This is to certify that a true and correct copy of the foregoing document has been served on all parties of record, on this 3 day of March, 2023. Phillip Ripper W. Cagney McCormick McCormick Law Firm 400 S. Industrial Blvd., Suite 200 Euless, TX 76040 /s/ Richard M. Mosher Richard M. Mosher Andrea Jarero DEFENDANT PEDRO MARTINEZ RODRIGUEZ’S RESPONSES TO PLAINTIFF’S FIRST SET OF INTERROGATORIES, REQUEST FOR PRODUCTION AND REQUEST FOR ADMISSION — Page 11947068v1 12790,009 RESPONSES TO PLAINTIFF’S FIRST SET OF INTERROGATORIES 1 State your full name, address, telephone number, driver’s license number, all restrictions and endorsements to your driver’s license, social security number, and date of birth. ANSWER: Objection. This Interrogatory violates and invades Defendant’s right to privacy. Pedro Rodriguez Martinez c/o Richard M. Mosher Andrea H. Jarero Thompson, Coe, Cousins & Irons, LLP 700 N. Pearl Street, 25thFloor Dallas, TX 7501 (214) 871-8200 956-415-1043; COAH108959; no restrictions; DOB 02/21/1973. 2. State each and every individual act and omission on the part of the Plaintiffs, which you now contend or will contend at trial caused or contributed to the collision made the basis of this lawsuit. ANSWER: Objection. Defendant objects to this Interrogatory as it attempts to require Defendant to marshal all of his available proof or the proof he intends to offer at trial, which is prohibited by Tex. R. Civ. P. 197.1 and Comment 1 thereto. It is an improper attempt to limit Defendant’s trial testimony. Subject to and without waiving the foregoing, please see Defendant’s Original Answer, Initial Disclosures, and any amendments/supplements thereto, for Defendant’s contentions and defenses. Defendant reserves the right to supplement this response as discovery is ongoing. 3 State each and every factor, other than the alleged negligence of the Plaintiffs, which you now contend or will contend at trial contributed to the collision including, but not limited to, acts or omissions of negligence of other party or parties, or potential Third-Party Defendants; sudden emergency; unavoidable accident; mechanical defect; or Act of God. ANSWER: Objection. Defendant objects to this Interrogatory because it requires Defendant to marshal all of his available proof or the proof he intends to offer at trial, which is prohibited by Tex. R. Civ. P. 197.1 and Comment 1 thereto. It is an improper attempt to limit Defendant’s trial testimony. Subject to and without waiving the foregoing, please see Defendant’s Original Answer, Initial Disclosures, and any amendments/supplements thereto, for Defendant’s contentions and defenses. Defendant reserves the right to supplement this response as discovery is ongoing. 4 State each and every factor, which you now contend or will contend at trial caused or contributed to the Plaintiffs damages including, but not limited to, pre-existing physical or medical conditions of the Plaintiffs. DEFENDANT PEDRO MARTINEZ RODRIGUEZ’S RESPONSES TO PLAINTIFF’S FIRST SET OF INTERROGATORIES, REQUEST FOR PRODUCTION AND REQUEST FOR ADMISSION — Page 119470681 12790,009 ANSWER: Objection. The proper procedural tools for the requested information on experts are Request for Disclosure pursuant to Tex. R. Civ. P. 194.2(f), and through depositions pursuant to Tex. R. Civ. P. 195. It attempts to require Defendant to marshal all of his available proof or the proof he intends to offer at trial, which is prohibited by Tex. R. Civ. P. 197.1 and Comment 1 thereto. It is an improper attempt to limit Defendant’s trial testimony. Finally, Defendant objects to the extent that this Interrogatory calls for an expert opinion which is outside the purview of Defendant’s knowledge. Subject to and without waiving the foregoing, please see Defendant’s Original Answer, Initial Disclosures, and any amendments/supplements thereto, for Defendant’s contentions and defenses. Defendant reserves the right to supplement this response as discovery is ongoing. 5 Identify each traffic citation you have received in the past five years. As used in this Interrogatory “Identify”means to state the date of each citation/ticket, the reason, the disposition, and the location (city and state). ANSWER: Objection. This Interrogatory is overly broad and harassing, as it is not reasonably limited in scope or time. This request seeks information and documents that are irrelevant, inadmissible, and not reasonably calculated to lead to the discovery of admissible evidence. Subject to and without waiving the foregoing objections, this information is public and equally available to Plaintiff. Please see public records. 6 Identify each motor vehicle collision in which you have been involved as a driver, excluding the incident made the basis of this suit. As used in this Interrogatory “Identify”’means to state the date of the collision, the identity of the other driver(s), the location (including the street, city, and state), and, if fault was determined, the result. ANSWER: Objection. This Interrogatory seeks irrelevant information, is overly broad in scope and time, unduly burdensome, and is, accordingly, not reasonably calculated to lead to the discovery of admissible evidence. Additionally, Defendant objects that this request is not limited to “substantially similar” incidents as required under Texas law. See, e.g., Uniroyal Goodrich Tire Co. v. Martinez, 977 S.W.2d 328, 341 (Tex. 1998); Nissan Motor Co. v. Armstrong, 145 S.W.3d 131, 138 (Tex. 2004); Johnson v. Ford Motor Co., 988 F.2d 573, 579 (5 Cir. 1993). Subject to and without waiving the foregoing objections, none. 7 If your driver’s license has ever been suspended, or if any action has ever been initiated to suspend your driver’s license, identify the agency that initiated suspension proceeding, the reason or reasons stated for each suspension, and the result. ANSWER: Objection. This Interrogatory is overly broad and harassing, as it is not reasonably limited in scope or time. This request seeks information and documents that are irrelevant, inadmissible, and not reasonably calculated to lead to the discovery of admissible evidence. Subject to and without waiving the foregoing objections, none. DEFENDANT PEDRO MARTINEZ RODRIGUEZ’S RESPONSES TO PLAINTIFF’S FIRST SET OF INTERROGATORIES, REQUEST FOR PRODUCTION AND REQUEST FOR ADMISSION — Page 119470681 12790,009 8 If you have ever been arrested for any offense other than minor traffic violations, state the date of each arrest, the name of each arresting agency, the city and state, the offense charged, the Court, the type of plea entered, and the disposition of each arrest. ANSWER: Objection. This Interrogatory is overly broad and harassing, as it is not reasonably limited in scope or time. This request seeks information and documents that are irrelevant, inadmissible and not reasonably calculated to lead to the discovery of admissible evidence. Subject to and without waiving the foregoing objections, this information is public and equally available to Plaintiff. Please see public records. 9 Identify (as defined in Paragraph #5 of Definitions and Instructions) each of your employers for the last five (5) years and include dates of employment, your job title, your job duties, how you were paid (commission, hourly, salary), and the reason for termination of the employment. ANSWER: Defendant has been employed as a driver at Texas International Enterprises, Inc. for approximately two years. Prior to that, Defendant was employed as a driver at Rali in Coahuila, Mexico for approximately two years. Prior to that, Defendant was employed as a driver with Isodoro Mata for approximately one year and a half. For further answer please see documents produced herein. 10. Describe in your own words where you had been just prior to the collision, where you were going at the time of the collision, the purpose of the trip and how the collision occurred stating specifically and in detail what the claim or contention of the Defendant will be regarding any cause or contributing cause of the collision, including a statement of the facts or information upon which this contention is based. Please include in your description the speed or estimated speed that your vehicle was traveling at the time of the incident. ANSWER: Objection. This Interrogatory calls for a narrative response better suited for a deposition. This is an improper attempt to limit Defendant’s trial testimony on the subject. Subject to and without waiving the foregoing objections, Defendant was traveling from Nash, Texas toward Laredo, Texas at the time the collision in question occurred. The impact occurred in Rowlett, Texas on I-30 traveling westbound. For further detail please see Defendant’s deposition testimony, Defendant’s Original Answer, Initial Disclosures, and any amendments/supplements thereto, for Defendant’s contentions and defenses. Defendant reserves the right to supplement this response as discovery is ongoing. 11. Describe any traffic citation you received as a result of this collision by stating the name, and location of the court involved, the violations of the l