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
\AL V
David J. Byassee, Bar No. 244509 SUPERIORFééuié-Tgf: CALIFOR
'
D
COUNTY OF SAN BERNARDIMN)“
James Whitemyer, Bar No. 185528 SM! ”FRAMRDWO DtfifRET
PLAIN LEGAL PC
2005 Via Vina JUN 1'2 2023‘
San Clemente, California 92673
(714) 587-5214
service@p1ain-legal.com BY U OW\
NICOLE O'DWYER. DEPUTY
,
Attorneys for Defendant/Cross-Defendant
KING EQUIPMENT, LLC (DOE 1)
\OOONON
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
10
11 RAFAEL CARVAJAL MARQUEZ; Case No. CIVD820103 1 0
ADRIANA QUINTERO MADRIGAL,
12 DECLARATION OF ATTORTNEY
Plaintiffs, JAMES WHITEMYER IN SUPPORT OF
13 KING EQUIPMENT LLC’S MOTION
v. FOR SUMMARY JUDGMENT; INDEX
PLAIN 14 AND COMPENDIUM OF EXHIBITS
LEGAL
PC GENIE INDUSTRIES, INC.; TEREX
15 CORPORATION; DUKE REALTY [Filed concurrently with Notice of Motion;
LIMITED PARTNERSHIP; DUKE Memorandum of Points and Authorities; Separate
16 REALTY CORPORATION; GREGG Statement of Undisputed Material Facts; Declaration
ELECTRIC,INC.; I.E. GENERAL Ernest William Quijada; and Proposed Order]
17 ENGINEERING INC.; and DOES 1-100,
inclusive Motion Date: August 28, 2023
18 Time: 8:30 a.m.
Defendants. Dept: $23
19 Judge: Hon. Donald Alvarez
Action Filed: June 2020
20 AND RELATED CROSS-ACTION(S) 11,
Trial Date: October 9,2023
21
22 ///
23 ///
24 ///
25 ///
26 ///
27 ///
28 ///
1
DECLARATION OF ATTORNEY JAMES WHITEMYER; INDEX AND COMPENDIUM OF EXHIBITS
INDEX AND COMPENDIUM OF MOVING PARTY KING’S EXHIBITS IN SUPPORT
OF SUMMARY JUDGMENT MOTION
# EXHIBIT LOCATION
1 Copy 0f “ladder sticker” safety decal Attached to Declaration of Ernest Quijada as
Exhibit 1.
2 Photo of subject lift post—accident Attached to Declaration of Ernest Quijada as
\DOOQO
showing “ladder sticker” Exhibit 2.
3 Copy 0f “box sticker” safety decal Attached to Declaration 0f Ernest Quij ada as
Exhibit 3.
10
4 Photo of subject lift post-accident Attached t0 Declaration of Ernest Quijada as
11 showing “box sticker” Exhibit 4.
12 5 Pages of English language operator Attached to Declaration 0f Ernest Quijada as
manuals for model GS—3384 scissor lifts Exhibit 5.
13
6 Pages 0f Spanish language operator Attached t0 Declaration of Ernest Quijada as
PLAIN 14
LEGAL manual for model GS-3384 scissor lifts Exhibit 6.
Pf
15 Portions of Transcript 0f Deposition of Attached hereto to Declaration 0f James
8
Marquez with the deposition’s exhibits 2 Whitemyer as Exhibit 8.
16 and 3 included therein.
17 Genie’s Special Interrogatories, Set One, Attached hereto to Declaration of James
9
t0 Plaintiff Marquez Whitemyer as Exhibit 9.
18
10 Marquez’s Responses (Objections) t0 Attached hereto to Declaration 0f James
19 Genie’s Special Interrogatories, Set One Whitemyer as Exhibit 10.
20 Marquez’s Further Responses
11 t0 Genie’s Attached hereto to Declaration of James
Special Interrogatories, Set One Whitemyer as Exhibit 11.
21
12 Portions of Transcript of Deposition of Attached hereto to Declaration of James
22
Gene “Matt” Parker Whitemyer as Exhibit 12.
23
13 Portions of Transcript of Deposition 0f Attached hereto to Declaration of James
Ray Snider Whitemyer as Exhibit 13.
24
25
26
27
28
2
DECLARATION OF ATTORNEY JAMES WPHTEMYER; INDEX AND COMPENDIUM OF EXHIBITS
Document Filed Date
June 12, 2023
Case Filing Date
June 11, 2020
Category
Personal Injury Non-Motor Vehicle Unlimited
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
\AL V David J. Byassee, Bar No. 244509 SUPERIORFééuié-Tgf: CALIFOR ' D COUNTY OF SAN BERNARDIMN)“ James Whitemyer, Bar No. 185528 SM! ”FRAMRDWO DtfifRET PLAIN LEGAL PC 2005 Via Vina JUN 1'2 2023‘ San Clemente, California 92673 (714) 587-5214 service@p1ain-legal.com BY U OW\ NICOLE O'DWYER. DEPUTY , Attorneys for Defendant/Cross-Defendant KING EQUIPMENT, LLC (DOE 1) \OOONON SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO 10 11 RAFAEL CARVAJAL MARQUEZ; Case No. CIVD820103 1 0 ADRIANA QUINTERO MADRIGAL, 12 DECLARATION OF ATTORTNEY Plaintiffs, JAMES WHITEMYER IN SUPPORT OF 13 KING EQUIPMENT LLC’S MOTION v. FOR SUMMARY JUDGMENT; INDEX PLAIN 14 AND COMPENDIUM OF EXHIBITS LEGAL PC GENIE INDUSTRIES, INC.; TEREX 15 CORPORATION; DUKE REALTY [Filed concurrently with Notice of Motion; LIMITED PARTNERSHIP; DUKE Memorandum of Points and Authorities; Separate 16 REALTY CORPORATION; GREGG Statement of Undisputed Material Facts; Declaration ELECTRIC,INC.; I.E. GENERAL Ernest William Quijada; and Proposed Order] 17 ENGINEERING INC.; and DOES 1-100, inclusive Motion Date: August 28, 2023 18 Time: 8:30 a.m. Defendants. Dept: $23 19 Judge: Hon. Donald Alvarez Action Filed: June 2020 20 AND RELATED CROSS-ACTION(S) 11, Trial Date: October 9,2023 21 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// 1 DECLARATION OF ATTORNEY JAMES WHITEMYER; INDEX AND COMPENDIUM OF EXHIBITS INDEX AND COMPENDIUM OF MOVING PARTY KING’S EXHIBITS IN SUPPORT OF SUMMARY JUDGMENT MOTION # EXHIBIT LOCATION 1 Copy 0f “ladder sticker” safety decal Attached to Declaration of Ernest Quijada as Exhibit 1. 2 Photo of subject lift post—accident Attached to Declaration of Ernest Quijada as \DOOQO showing “ladder sticker” Exhibit 2. 3 Copy 0f “box sticker” safety decal Attached to Declaration 0f Ernest Quij ada as Exhibit 3. 10 4 Photo of subject lift post-accident Attached t0 Declaration of Ernest Quijada as 11 showing “box sticker” Exhibit 4. 12 5 Pages of English language operator Attached to Declaration 0f Ernest Quijada as manuals for model GS—3384 scissor lifts Exhibit 5. 13 6 Pages 0f Spanish language operator Attached t0 Declaration of Ernest Quijada as PLAIN 14 LEGAL manual for model GS-3384 scissor lifts Exhibit 6. Pf 15 Portions of Transcript 0f Deposition of Attached hereto to Declaration 0f James 8 Marquez with the deposition’s exhibits 2 Whitemyer as Exhibit 8. 16 and 3 included therein. 17 Genie’s Special Interrogatories, Set One, Attached hereto to Declaration of James 9 t0 Plaintiff Marquez Whitemyer as Exhibit 9. 18 10 Marquez’s Responses (Objections) t0 Attached hereto to Declaration 0f James 19 Genie’s Special Interrogatories, Set One Whitemyer as Exhibit 10. 20 Marquez’s Further Responses 11 t0 Genie’s Attached hereto to Declaration of James Special Interrogatories, Set One Whitemyer as Exhibit 11. 21 12 Portions of Transcript of Deposition of Attached hereto to Declaration of James 22 Gene “Matt” Parker Whitemyer as Exhibit 12. 23 13 Portions of Transcript of Deposition 0f Attached hereto to Declaration of James Ray Snider Whitemyer as Exhibit 13. 24 25 26 27 28 2 DECLARATION OF ATTORNEY JAMES WPHTEMYER; INDEX AND COMPENDIUM OF EXHIBITS