On June 11, 2020 a
Motion-Secondary
was filed
involving a dispute between
Duke Realty Limited Partnership,
Insurance Company Of The West,
Madrigal, Adriana Quintero,
Marquez, Rafael Carvajal,
and
Does 2-100,
Duke Realty Corporation,
Duke Realty Limited Partnership,
Genie Industries, Inc.,
Gregg Electric, Inc.,
I.E. General Engineering Inc.,
King Equipment, Llc,
Terex Corporation,
General Engineering, Inc,
Gregg Electric, Inc., I.E.,
King Equipment, Inc.,
Roes 2 To 100,
for Personal Injury Non-Motor Vehicle Unlimited
in the District Court of San Bernardino County.
Preview
ELECTRONICALLY FILED
1 Peter Dubrawski (Bar No. 65677) SUPERIOR COURT OF CALIFORNIA
pdubrawski@hbblaw.com COUNTY OF SAN BERNARDINO
2 Patrick F. McIntyre (Bar No. 272042) SAN BERNARDINO DISTRICT
pmcintyre@hbblaw.com
3 Austin Smith (Bar No. 327354) 12/5/2023 2:45 PM
asmith@hbblaw.com By: Jasmine Segura, DEPUTY
4 Andres E. De La Cruz (Bar No. 350022)
adelacruz@hbblaw.com
5 HAIGHT BROWN & BONESTEEL LLP
555 South Flower Street, Forty-Fifth Floor
6 Los Angeles, California 90071
Telephone: 213.542.8000
7 Facsimile: 213.542.8100
8 Attorneys for Defendants GENIE
INDUSTRIES, INC. and TEREX
9 CORPORATION
10 SUPERIOR COURT OF THE STATE OF CALIFORNIA
11 COUNTY OF SAN BERNARDINO, SAN BERNARDINO DISTRICT
12 RAFAEL CARVAJAL MARQUEZ; Case No. CIVDS2010310
ADRIANA QUINTERO MADRIGAL;
13 DECLARATION OF ATTORNEY
Plaintiffs, ANDRES DE LA CRUZ IN SUPPORT
14 OF DEFENDANTS GENIE
v. INDUSTRIES, INC. AND TEREX
15 CORPORATION’S MOTION FOR
GENIE INDUSTRIES, INC.; TEREX SUMMARY JUDGMENT, OR IN THE
16 CORPORATION; DUKE REALTY ALTERNATIVE, MOTION FOR
LIMITED PARTNERSHIP; DUKE SUMMARY ADJUDICATION; INDEX
17 REALTY CORPORATION; GREGG AND COMPENDIUM OF EXHIBITS
ELECTRIC, INC.; I.E. GENERAL
18 ENGINEERING INC.; and DOES 1-100, Filed concurrently with Notice of Motion,
inclusive; Memorandum of Points and Authorities,
19 Separate Statement of Undisputed Material
Defendants. Facts, and Proposed Order
20
DUKE REALTY LIMITED Assigned for All Purposes to:
21 PARTNERSHIP, Hon. Donald Alvarez, Dept. S23
22 Cross-Complainant, Date: February 20, 2024
Time: 8:30 a.m.
23 v. Dept.: S23
Place: 247 West Third Street San
24 JSR CONSTRUCTION SERVICES, INC.; Bernardino, CA 92415
GENIE INDUSTRIES, INC.; TEREX
25 CORPORATION; GREGG ELECTRIC, Action Filed: June 11, 2020
INC.; I.E. GENERAL ENGINEERING, Trial Date: March 25, 2024
26 INC. and ROES 1 to 20, inclusive,
27 Cross-Defendants.
28
1
TC16-0000060 DECLARATION OF ATTORNEY ANDRES E. DE LA CRUZ; INDEX AND
14773738.1 COMPENDIUM OF EXHIBITS
1 INDEX AND COMPENDIUM OF DEFENDANTS GENIE AND TEREX’S
2 EXHIBITS IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT
3
4 Title/Number of Exhibit Location
5 1. Copy of Warning Sticker Safety Decal that appears on Attached to Declaration
ladder of Subject Lift (“Ladder Sticker”) of Andres E. De La
6
Cruz as Exhibit 1
7 2. Photo of Ladder Sticker taken post-accident showing Attached to Declaration
Ladder Sticker on Subject Lift of Andres E. De La
8 Cruz as Exhibit 2
9 3. Copy of Warning Sticker to Read and Understand Attached to Declaration
Operator’s Manual that appears on Subject Lift’s box of Andres E. De La
10 containing operator’s manuals (“Box Sticker”) Cruz as Exhibit 3
4. Photo of Box Sticker posted on Subject Lift post-accident Attached to Declaration
11
of Andres E. De La
12 Cruz as Exhibit 4
5. Pages from English-language Operator’s Manual for model Attached to Declaration
13 GS-3384 Genie scissor lift of Andres E. De La
14 Cruz as Exhibit 5
6. Pages from Spanish-language Operator’s Manual for model Attached to Declaration
15 GS-3384 Genie scissor lift of Andres E. De La
16 Cruz as Exhibit 6
7. Guard Rail Fall Hazard Warning from Operator’s Manual Attached to Declaration
17 for model GS-3384 Genie scissor lift of Andres E. De La
Cruz as Exhibit 7
18 8. Photo 1 of Subject Lift post-accident Attached to Declaration
19 of Andres E. De La
Cruz as Exhibit 8
20 9. Photo 2 of Subject Lift post-accident Attached to Declaration
21 of Andres E. De La
Cruz as Exhibit 9
22 10. Pages of Transcript of Deposition of Rafael Marquez with Attached to Declaration
Deposition Exhibits of Andres E. De La
23
Cruz as Exhibit 10
24 11. Pages of Transcript of Deposition of Ray Snider Attached to Declaration
of Andres E. De La
25 Cruz as Exhibit 11
26 12. Pages of Transcript of Deposition of Brent Evins Attached to Declaration
of Andres E. De La
27 Cruz as Exhibit 12
28
2
TC16-0000060 DECLARATION OF ATTORNEY ANDRES E. DE LA CRUZ; INDEX AND
14773738.1 COMPENDIUM OF EXHIBITS
Document Filed Date
December 05, 2023
Case Filing Date
June 11, 2020
Category
Personal Injury Non-Motor Vehicle Unlimited
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ELECTRONICALLY FILED 1 Peter Dubrawski (Bar No. 65677) SUPERIOR COURT OF CALIFORNIA pdubrawski@hbblaw.com COUNTY OF SAN BERNARDINO 2 Patrick F. McIntyre (Bar No. 272042) SAN BERNARDINO DISTRICT pmcintyre@hbblaw.com 3 Austin Smith (Bar No. 327354) 12/5/2023 2:45 PM asmith@hbblaw.com By: Jasmine Segura, DEPUTY 4 Andres E. De La Cruz (Bar No. 350022) adelacruz@hbblaw.com 5 HAIGHT BROWN & BONESTEEL LLP 555 South Flower Street, Forty-Fifth Floor 6 Los Angeles, California 90071 Telephone: 213.542.8000 7 Facsimile: 213.542.8100 8 Attorneys for Defendants GENIE INDUSTRIES, INC. and TEREX 9 CORPORATION 10 SUPERIOR COURT OF THE STATE OF CALIFORNIA 11 COUNTY OF SAN BERNARDINO, SAN BERNARDINO DISTRICT 12 RAFAEL CARVAJAL MARQUEZ; Case No. CIVDS2010310 ADRIANA QUINTERO MADRIGAL; 13 DECLARATION OF ATTORNEY Plaintiffs, ANDRES DE LA CRUZ IN SUPPORT 14 OF DEFENDANTS GENIE v. INDUSTRIES, INC. AND TEREX 15 CORPORATION’S MOTION FOR GENIE INDUSTRIES, INC.; TEREX SUMMARY JUDGMENT, OR IN THE 16 CORPORATION; DUKE REALTY ALTERNATIVE, MOTION FOR LIMITED PARTNERSHIP; DUKE SUMMARY ADJUDICATION; INDEX 17 REALTY CORPORATION; GREGG AND COMPENDIUM OF EXHIBITS ELECTRIC, INC.; I.E. GENERAL 18 ENGINEERING INC.; and DOES 1-100, Filed concurrently with Notice of Motion, inclusive; Memorandum of Points and Authorities, 19 Separate Statement of Undisputed Material Defendants. Facts, and Proposed Order 20 DUKE REALTY LIMITED Assigned for All Purposes to: 21 PARTNERSHIP, Hon. Donald Alvarez, Dept. S23 22 Cross-Complainant, Date: February 20, 2024 Time: 8:30 a.m. 23 v. Dept.: S23 Place: 247 West Third Street San 24 JSR CONSTRUCTION SERVICES, INC.; Bernardino, CA 92415 GENIE INDUSTRIES, INC.; TEREX 25 CORPORATION; GREGG ELECTRIC, Action Filed: June 11, 2020 INC.; I.E. GENERAL ENGINEERING, Trial Date: March 25, 2024 26 INC. and ROES 1 to 20, inclusive, 27 Cross-Defendants. 28 1 TC16-0000060 DECLARATION OF ATTORNEY ANDRES E. DE LA CRUZ; INDEX AND 14773738.1 COMPENDIUM OF EXHIBITS 1 INDEX AND COMPENDIUM OF DEFENDANTS GENIE AND TEREX’S 2 EXHIBITS IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT 3 4 Title/Number of Exhibit Location 5 1. Copy of Warning Sticker Safety Decal that appears on Attached to Declaration ladder of Subject Lift (“Ladder Sticker”) of Andres E. De La 6 Cruz as Exhibit 1 7 2. Photo of Ladder Sticker taken post-accident showing Attached to Declaration Ladder Sticker on Subject Lift of Andres E. De La 8 Cruz as Exhibit 2 9 3. Copy of Warning Sticker to Read and Understand Attached to Declaration Operator’s Manual that appears on Subject Lift’s box of Andres E. De La 10 containing operator’s manuals (“Box Sticker”) Cruz as Exhibit 3 4. Photo of Box Sticker posted on Subject Lift post-accident Attached to Declaration 11 of Andres E. De La 12 Cruz as Exhibit 4 5. Pages from English-language Operator’s Manual for model Attached to Declaration 13 GS-3384 Genie scissor lift of Andres E. De La 14 Cruz as Exhibit 5 6. Pages from Spanish-language Operator’s Manual for model Attached to Declaration 15 GS-3384 Genie scissor lift of Andres E. De La 16 Cruz as Exhibit 6 7. Guard Rail Fall Hazard Warning from Operator’s Manual Attached to Declaration 17 for model GS-3384 Genie scissor lift of Andres E. De La Cruz as Exhibit 7 18 8. Photo 1 of Subject Lift post-accident Attached to Declaration 19 of Andres E. De La Cruz as Exhibit 8 20 9. Photo 2 of Subject Lift post-accident Attached to Declaration 21 of Andres E. De La Cruz as Exhibit 9 22 10. Pages of Transcript of Deposition of Rafael Marquez with Attached to Declaration Deposition Exhibits of Andres E. De La 23 Cruz as Exhibit 10 24 11. Pages of Transcript of Deposition of Ray Snider Attached to Declaration of Andres E. De La 25 Cruz as Exhibit 11 26 12. Pages of Transcript of Deposition of Brent Evins Attached to Declaration of Andres E. De La 27 Cruz as Exhibit 12 28 2 TC16-0000060 DECLARATION OF ATTORNEY ANDRES E. DE LA CRUZ; INDEX AND 14773738.1 COMPENDIUM OF EXHIBITS