Motion-Secondary: MARQUEZ et al -v- GENIE INDUSTRIES, INC. et al Print

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                                ELECTRONICALLY FILED (Auto)
 1 Brian G. Beecher, Esq. (SBN 239486)                                  SUPERIOR COURT OF CALIFORNIA
                                                                        COUNTY OF SAN BERNARDINO
   Brandon J. Carr, Esq. (SBN 267225)                                   2/6/2024 7:40 PM
 2 THE LAW OFFICES OF
   ARASH KHORSANDI, PC
 3 2960 Wilshire Boulevard, Third Floor
   Los Angeles, California 90010
 4 Telephone: (310) 277-7529
   Facsimile: (310) 388-8442
 5 Service Email: Service@arashlaw.com
 6 Ed D. Fisher, Esq.
   PROVOST UMPHREY
 7
   490 Park Street
 8 Beaumont, TX 77704
   Telephone: (409) 835-6000
 9 Facsimile: (409) 813.:8682
   E-Mail: efisher@provostum phrey .corn
10 E-Mail: mpiedra@provostumphrey.com
11 Attorneys for Plaintiffs
   RAFAEL CARVAJAL MARQUEZ and
12 ADRIANA QUINTERO MADRIGAL
13
14                   SUPERIOR COURT OF THE STATE OF CALIFORNIA
15                          FOR THE COUNTY OF SAN BERNARDINO

16
l?   RAFAEL CARVAJAL MARQUEZ;                     Case No.: CIVDS2010310
     ADRIANA QUINTERO MADRIGAL,
18                                                 DECLARATION OF KENNETH J.
                       Plaintiff,                  ZIMMER IN SUPPORT OF OPPOSITION
19         vs.                                     TO MOTION FOR SUMMARY
                                                   JUDGMENT FILED BY DEFENDANTS
20   GENIE INDUSTRIES, INC.; TEREZ                 GENIE INDUSTRIES, INC. AND TEREX
     CORPORATION; DUKE REALTY                      CORPORATION
21
     LIMITED PARTNERSHIP; DUKE REAL T
22   CORPORATION; GREGG ELECTRIC,          Date:                    February 20, 2024
     INC.; I.E. GENERAL ENGINEERING INC .. Time:                    8:30am
23   and DOES I - 100, Inclusive,          Dept:                    S23

24                   Defendants.                 Action Filed:     June 11, 2020
25                                               Trial Date:       March 25, 2024

26   AND RELATED CROSS-ACTION(S)

27

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                                                  - 1-
      DECLARATION OF KENNETH J. ZIMMER IN SUPPORT OF OPPOSITION TO MOTION FOR SUMMARY JUDGMENT FILED
                        BY DEFENDANTS GENIE INDUSTRIES, INC. AND TEREX CORPORATION
                             DECLARATION OF KENNETH J. ZIMMER
2    I, KENNETH J. ZIMMER, declare as follows :

        I. I am over 18 years of age and I make this declaration on my own personal knowledge.

4       2. I began my career working as a draftsman for a Design Engineer at Maysteel Corporation

5          in 1965. From] 967-1969 I worked as a Product Engineer for Steelmade, Inc., designing

6          and manufacturing vending machines. As part of this work, I was responsible for creating

7          design and detail part drawings, bills of materials, tooling requirements for

8          manufacturing, troubleshooting the manufacturing process, testing of the product and

9          aiding in the drafting of parts and service manuals . From 1970-1976 I worked for

10         Mayville Metal Products Co. as a product engineer and a special products engineer

11          designing and manufacturing specialized metal cabinetry and hardware and my job duties

12          included, creating design layout and detail parts drawings, bills of materials, establishing

13         tooling requirements for manufacturing, troubleshooting the manufacturing process, and

14          aiding in the drafting of parts and service manuals . From 1976-200 l I worked for

15          Mayville Engineering Co., which manufactured and assembled components for such

16          companies as Hewlett Packard, John Deere and Mercury Marine.

17      3. Additionally, Mayville Engineering also had its own brand of Aerial Work Platforms and

18          I was ultimately the Technical Director over this line of products. Previous to that, I was

19          a product engineer, marketing director, product engineering manager, and product

20          engineer of the Aerial Work Platform Division. My job duties included, but were not

21          limited to, virtually every aspect of the design and manufacturing process to manufacture

22          these Aerial Work Platforms, very similar to the Aerial Work Platform involved in this

23          litigation. I, at one time or another, participated in and/or was responsible for creating

24          drawings and layouts of new and existing aerial work platforms, creating bills of

25          materials, assisting research and development for the line of products, consulting on all

26          new product development and modifications, reviewing competitors design and layouts

27          to aid future product development, and representing the company regarding any issues of

28          product liability.
                                                      -2-
                                                                                         ,Jl:DGME~T FILED
       DECLARATIO N OF KEl\NETH J. ZIMMER IN SUPPORT OF OPPOSITION TO MOTION FOR SUMMARY
                           BY DEFENDANTS GENIE INIWSTRIES, INC. AND TEREX CORPORATIO N