Preview
EXHIBIT A
CAUSE NO. _________________
ROBERT CARR, § IN THE DISTRICT COURT OF
§
Plaintiff, §
§
v. § SMITH COUNTY, TEXAS
§
BENJAMIN KYLE JOHNSON and §
ANDREWS CLEANING SERVICE §
§
§
Defendants. § _____ JUDICIAL DISTRICT
First Set of Interrogatories, Request for Production, Request for Admission, and
Request for Disclosure to Defendant
TO: Defendant, Andrews Cleaning Service by and through its registered agent, its owner,
president or vice president at 2702 Calloway, Tyler, Texas 78707.
Pursuant to the Texas Rules of Civil Procedure, Plaintiff requests that Defendant
Andrews Cleaning Service respond to Plaintiff’s interrogatories, request for admissions,
request for disclosure and produce for inspection and copying the documents and tangible
things requested. Defendant shall file written responses to these requests within fifty (50)
days after the date of service. Defendant shall provide the requested documents for
inspection and copying at the law offices of Pierce Skrabanek Bruera, PLLC, 3701 Kirby
Drive, Suite 760, Houston, TX 77098.
1
I.
INSTRUCTIONS AND DEFINITIONS
1. When answering these requests, respondent is requested to refer to the attached
instructions and definitions.
2. All information responsive to these requests which is within your knowledge,
possession or control or within the knowledge, possession or control of your
attorneys, agents or other representatives, as well as information you can obtain upon
reasonable inquiry is to be divulged. If there is a request for all information on a
given subject and you do not know all information, provide such information to the
extent of your knowledge.
3. All responses must be made separately and fully. An incomplete or evasive response
will be considered a failure to answer. Where necessary to give a broader scope to any
of these requests, “and” includes “or” and vice versa, the past tense includes the
present and vice versa, the singular includes the plural and vice versa, “any” includes
“all” and vice versa, and “each” includes “every” and vice versa. The singular form of
a noun or pronoun shall be considered to include within its meaning the plural form of
the noun or pronoun so used, and vice-versa; the use of the masculine form of a
pronoun shall also be considered to include within its meaning the feminine form of
the pronoun so used, and vice-versa; and the use of any tense of any verb shall also be
considered to include within its meaning all other tenses of the verb so used.
4. Each request should be construed independently and not by reference to any other
request herein for purposes of limitation, unless one request specifically refers to
another request.
5. The TEXAS RULES OF CIVIL PROCEDURE require you to supplement and amend your
responses if you obtain information and as a consequence: (1) you know that a
response to these requests was incorrect or incomplete when made, or (2) you know
that a response, though correct and complete when made, is no longer true and
complete.
6. If you do not answer a request based on any claim of privilege, provide a statement
for each such request setting forth the following information:
(i) A short statement identifying each privilege involving the basis
therefore;
(ii) The facts upon which you relied to support the claim of privilege;
2
(iii) A description of all documents for which such privilege is claimed,
including:
a. the type of document;
b. a brief statement of the document's general topic matter;
c. the date of the document;
d. author(s) and their title(s) and position(s); and
e. the identity of all persons to whom any contents of the
documents have been disclosed.
(iv) A description of all conversations for which such privilege is claimed,
including:
a. the date of the conversation;
b. a brief statement describing the general topic of the
conversation;
c. the persons participating in the conversation; and
d. the identity of all persons to whom any portions of the contents
of the conversation have been disclosed.
7. As required by the TEXAS RULES OF CIVIL PROCEDURE, your failure to respond to
these requests within the time required, or failure to supplement your responses may
result in entry of a judgment against you, the assessment of attorney’s fees against
you, or other sanctions of the Court.
8. “Document” and “documents” is to be defined as synonymous in meaning and equal
in scope to the usage of this term in the TEXAS RULES OF CIVIL PROCEDURE and shall
be used in their broadest sense and shall mean and include all written, printed, typed,
electronic, recorded or graphic material of every kind and description, both originals
and copies and all attachments and appendices thereto. Without limiting the
foregoing, the term “document” and “documents” shall include all agreements,
contracts, communications, correspondence, letters, telegrams, facsimiles, telexes,
minutes, messages, memoranda, interoffice communication, e-mail, records, reports,
books, summaries or other records of telephone conversations or interviews,
summaries or other records of personal conversations, summaries or other records of
negotiations, other summaries, diaries, diary entries, calendars, appointment books,
time records, instructions, work assignments, visitor records, forecasts, statistical
data, statistical statements, financial statements, work sheets, work papers, drafts,
graphs, maps, charts, tables, accounts, analytical records, consultants' reports,
appraisals, bulletins, brochures, pamphlets, circulars, trade letters, press releases,
notes, notices, marginal notations, notebooks, telephone bill or records, bills,
statements, records of obligation and expenditure, invoices, lists, journals,
advertising, recommendations, files, printouts, compilations, tabulations, purchase
orders, receipts, sell orders, confirmations, checks, canceled checks, letters of credit,
envelopes or folders or similar containers, vouchers, analyses, studies, surveys,
3
transcripts of hearings, transcripts of testimony, expense reports, microfilm, micro-
fiche, articles, speeches, tape or disc recordings, sound recordings, video recordings,
film, photographs, punch cards, programs, data compilations from which information
can be obtained (including matter used in data processing), and other printed, written,
handwritten, typewritten, recorded, stenographic, computer-generated, computer-
stored, or electronically stored matter, however and by whomever produced, prepared,
reproduced, disseminated, or made. The terms “document” and “documents” shall
include all copies of documents by whatever means made, except that where a
document is identified or produced, identical copies thereof which do not contain any
markings, additions, or deletions different from the original need not be separately
produced. A DRAFT OR NON-IDENTICAL COPY IS A SEPARATE
DOCUMENT WITHIN THE MEANING OF THIS TERM.
Electronic Data Directive: Pursuant to the TEXAS RULES OF CIVIL PROCEDURE, all
electronic data responsive to the requests below shall be provided via CD, DVD, or
Floppy Disk in user readable format (.txt or similar file types), or as otherwise agreed
in a supplemental writing by the parties.
9. “Document” and “documents” shall mean and include all matter within the foregoing
description that are in your possession, control or custody or in the possession, control
or custody of any attorney for you or the existence of which you are aware and that
you have access to or to which you can secure access. Without limiting the term
“control,” a document is deemed to be within your control if you have ownership,
possession or custody of the document, or the right to secure the document or copy
thereof from any person or public or private entity having physical possession thereof.
10. “Communication” shall mean and include any transmission or exchange of
information in the form of facts, ideas, inquiries, or otherwise, and shall include an
exchange between two or more persons, whether orally or in writing, including
without limitation any conversation or discussion face-to-face or by means of letter,
note, memorandum, telephone, telegraph, telex, telecopier, cable, e-mail or some
other electronic or other medium, and whether by chance or prearranged, formal or
informal.
11. “Referring” or “relating to” shall mean to concern, describe, explain, reference,
contain or comment upon the subject matter referred to in the request and, in that
regard, each request shall be interpreted broadly so as to promote the full disclosure
of information.
12. “Person” shall mean all natural persons and entities, including, without limitation,
individuals, committees, agencies, commissions, firms, corporations, associations,
partnerships, businesses, public agencies, departments, bureaus, boards, or any other
form of public, private or legal entity, and all predecessors or successors in interest.
13. “Identify” or “identification” shall mean:
4
(a) With respect to a natural person, to include, without limitation, full name,
title, job description, present business and home addresses (last known if
present addresses are unknown). If there have been changes in title or job
description during the time period covered by these interrogatories, all titles
and job descriptions should be given, together with the period during which
each one was held;
(b) With respect to a communication, to include, without limitation, the date,
time and approximate duration of the communication, a statement describing
the substance of the communication with particularity, the persons
participating in the conversation, the persons directing the communication to
take place, if any, and the identity of all persons to whom any portions of the
contents of the communication have been disclosed.
(c) With respect to a business entity, to include, without limitation, its name, date
and place of formation, and all its business addresses; and
(d) With respect to a document, to include, without limitation, title, type, date, the
identity of each person either wholly or in part participating in the preparation
or dissemination of, or who is referred to in, the document, addressee,
recipients, any identifying numbers or marks upon the face of the document,
subject matter or general nature, and the identity and location of each person
who has possession, custody or control of the document or, if a document has
been destroyed or is unavailable, the identity of each person who destroy the
document or who last possessed or controlled the document.
(e) When used with reference to an act, means, without limitation, to state with
particularity and certainty each and every item of behavior, communication
and/or tangible thing which constitutes the act, including the place, time and
date of each such item; to identify each and every person participating in the
act and to specify the items of behavior performed, information
communicated, and/or tangible things provided, by each such person; and to
identify each and every document and communication which constitutes or
describes the behavior, communication, tangible thing, or any part thereof.
(f) When used in reference to an omission to act, means, without limitation, to
state with particularity and certainty each and every item of behavior,
communication, and/or tangible thing which you contend should have been
performed, communicated, and/or provided, and the place, time, and date each
such performance or communication should have occurred, to identify each
and every natural person who, by reason of knowledge or particular
circumstances, you contend should have performed, communicated, and/or
provided each item of omitted behavior, communication and/or tangible thing;
and to identify each and every document or communication which you believe
5
tends to establish that the omitted behavior, communication and/or tangible
thing should have been performed, provided, or communicated.
(g) When used in reference to a lawsuit, means, without limitation, to state for
each criminal and/or civil action: the case, including the cause number, court,
and parties; your status as either plaintiff, defendant, intervenor, impleader,
interpleader, or third-party plaintiff or defendant; the substance of the claim[s]
and defense[s] asserted; and the ultimate disposition or resolution of the
claim[s] and defense[s].
14. “Complaint” means Plaintiff’s Original Petition in this case or any supplemental or
amended Complaints subsequently filed in this lawsuit.
15. “You,” “Your,” Defendants” or “Defendant” means each defendant sued in this case
and each of your agents, representatives, employees, assigns, officers, directors, staff,
affiliates, owned or controlled entities or agencies, and all other persons acting in
concert with you or under your control, whether directly or indirectly, including any
attorney. Where the answers called for are different for any of the foregoing, state
which portion of which answer applies to each.
16. “Accident” shall refer to the crash on or about August 10, 2016, which forms the
basis of this lawsuit.
17. “Trip” shall refer to the transportation and/or movement of one load or cargo,
regardless of load size or type, from its origin(s) to final destination(s) and includes
the travel, empty or unloaded, from that destination point to the next point or location
of loading, end of trip or new trip origin.
18. “Truck” and “Tractor-Trailer” shall refer to, unless otherwise defined in a specific
Request herein, the over-the-road vehicular power unit being operated by Defendant
at the time the accident occurred.
19. “Driver” shall refer to any person employed, contracted for or with, by Defendants,
including persons known as co-drivers, independent contractors, owner operators or
trip lessors and includes persons furnished to Defendants as drivers by any other
person or organization who perform driving services for or on behalf of Defendants.
20. “Driver Qualification File” shall refer to those records specifically created and
maintained by Defendants on any driver who performs services or work for on its
behalf. This includes but is not limited to the file required under Texas Motor Carrier
Safety Regulations of the U. S. Department of Transportation, Part 391.51.
21. “Driver Personnel File” shall refer to any and all files, records, communications or
documents created by a driver, Defendants, or any other person or organization that
contains documents directed to, received from or about a driver.
6
22. “Cargo” as used herein, unless otherwise defined in a specific Request herein, means
the Cargo transported by Defendants.
23. “Time worked records” shall refer to any and all documents created in reference to
work performed by the driver during the prescribed time period requested and
includes driver's record of duty status or driver’s daily logs, time worked cards or
other time worked records or summaries, Defendants’ administrative driver’s record
of duty status or log audits and/or 70/60-hour log audits or summaries or, any
otherwise described documents advising Defendants of the hours worked by the
driver.
24. “Maintenance files and records” shall refer to those documents created and/or
maintained by Defendants relative to the truck's inspection, repair and maintenance.
This includes, but is not limited to, all driver's daily condition reports, all systematic
and annual inspections, work or repair orders, list of add-ons and/or take-offs of
equipment parts and accessories, accounting records, bills, or notes of repairs or
maintenance and all summary type maintenance documents prepared by Defendants
or other agencies or organizations, inclusive of any summary or computer generated
type systematic lubrication, inspection, and maintenance records and documents in
the possession of Defendants on the truck. This definition specifically includes any
and all driver daily condition reports created by any driver and maintenance files and
records maintained by and in the possession of any other person or organization
performing maintenance services for or on behalf of the Defendants.
7
II.
Interrogatories
1. With respect to your company’s hiring and retention policies—what types of
violations will disqualify an individual from being hired or cause an existing
employee to be terminated? For any violations listed in response to this interrogatory,
please identify the applicable time period the company utilizes when evaluating or
checking on violations prior to employment or for retaining an existing employee.
2. If you are going to contend that the incident in question was caused by anything but
Benjamin Kyle Johnson actions or inactions, identify what other causes contributed to
the incident in question and give the factual basis for them.
3. If you are going to somehow claim Plaintiff was contributorily negligent, give the
factual basis for that contention.
4. Please list all moving violations received by Benjamin Kyle Johnson for the past 30
months prior to the incident in question.
5. Was Benjamin Kyle Johnson in the course and scope of his employment at the time of
his accident with Robert Carr. If your answer is anything other than an unqualified
yes, provide the dates and times Benjamin Kyle Johnson worked for you for the seven
days leading up to an including the date of the subject accident.
6. Identify the owner of the vehicle that Benjamin Kyle Johnson was driving at the time
of the subject accident.
7. Describe all classroom training, hands on training, written tests, practical tests and
road tests of driving ability provided by or administered by you to Benjamin Kyle
Johnson.
8. Please list or describe all vehicular accidents involving Benjamin Kyle Johnson for
the five year period prior to the accident made the basis of this lawsuit. In your
response, please identify any disciplinary action, counseling or other corrective action
taken by or on behalf of this Defendant against Benjamin Kyle Johnson in response to
any vehicular accident(s).
9. Provide the telephone number and service provider for all cellular telephones present
in the vehicle driven by Benjamin Kyle Johnson at the time of the subject accident.
10. Was a post-accident alcohol and drug screen administered to Benjamin Kyle Johnson
following the subject accident and what were the results of the testing?
8
11. Describe any adverse actions, including but not limited to warnings, reprimands,
suspension, or termination, issued to Benjamin Kyle Johnson as a result of being
involved in this accident.
12. State what steps you took to investigate this accident including the names of
individuals responsible for conducting the investigations, names of individuals
interviewed, whether statements were taken, whether photographs or recordings were
taken, and whether an investigation or incident report was prepared.
III.
Requests for Production
1. Copy of postings and webpages from any social networking site including but not
limited to Facebook, MySpace, Instagram, etc. for Benjamin Kyle Johnson from one
month prior to the incident in question until 6 months after the incident in question.
2. Copies of Benjamin Kyle Johnson’s MVR records for the past three years gathered
from the requisite state agency under 49 C.F.R. § 391.23(a)(1).
3. Copies of police reports for any other vehicular collisions or incidents in which
Benjamin Kyle Johnson was involved.
4. Copy of performance reviews for Benjamin Kyle Johnson or the past 5 years.
5. Copy of Benjamin Kyle Johnson’s cell phone bill for 1 month preceding the incident
and for the date of the incident. This should list calls received, dates, and times.
6. Produce copies of all trip and/or operational documents pertaining to the trip taken by
Benjamin Kyle Johnson at the time of the subject accident.
7. Copy of any manual or procedure booklet that addresses a driver’s duties following
an accident.
8. If you are going to contend that Benjamin Kyle Johnson was not in the course and
scope of his employment at the time of the incident, provide documents to support
such an assertion.
9. Produce copies of the personnel file for Benjamin Kyle Johnson.
10. Produce copies of all pre-employment questionnaires and other documents secured
from Benjamin Kyle Johnson prior to employment with Defendant(s).
9
11. Produce copies of all medical examinations, drug tests, and certification of medical
examinations inclusive of expired and non-expired documents relative to Benjamin
Kyle Johnson.
12. Produce copies of all actual driver's road tests administered to Benjamin Kyle
Johnson.
13. Produce copies of all actual driver's written tests administered to Benjamin Kyle
Johnson.
14. Produce all training notes, certificates and attendance lists relative to Benjamin Kyle
Johnson, regardless of the date issued or the originator of such certificates.
15. Produce copies of all past employment inquiries sent to and/or secured from former
employers along with all responses received from former employers inclusive of all
U.S. mail, personal contact or telephone inquiries and results directed to or received
by Defendant(s) from past employers of Benjamin Kyle Johnson.
16. Produce copies of all inquiries to and answers received from any organization in
reference to the driver's license record of traffic violations and accidents directed to
and/or received by the Defendant(s), or other organizations on behalf of Defendant(s),
from state or federal governmental agencies relative to Benjamin Kyle Johnson’s
traffic and accident record.
17. Produce copies of all road and/or written test cards, medical cards, certification of
driver qualification cards and any other motor carrier transportation related cards in
the possession of the Defendant(s) regardless of card issuance date or origin. This
specifically includes cards, as previously described herein, issued by other motor
carriers to Benjamin Kyle Johnson or his co-driver(s) presently in their personal
possession.
18. Produce copies of all annual reviews, file reviews, and/or file summaries and related
to Benjamin Kyle Johnson.
19. Produce copies of all documents relating to any drug and/or alcohol testing of
Benjamin Kyle Johnson.
20. Produce copies of any and all other contents of Benjamin Kyle Johnson’s Driver
Qualification File, regardless of subject, form, purpose, originator, receiver, title,or
description.
21. Produce copies of all hiring, suspension, termination, warning notices, complaints,
letters, memorandums and any other similar type documents, however named,
relating to Benjamin Kyle Johnson.
10
22. Produce copies of all objects, photographs, drawings, reports, statements, or
otherwise described documents or objects in the possession of Defendant(s) in
reference to the accident as defined herein, "excluding only" those written documents,
materials and objects that can be clearly identified as the work product of Defendant's
attorneys. This specifically includes any and all reports and written or electronically
recorded statements made by Defendant(s) to any other person, organization or
governmental entity.
23. Produce copies of any and all other accident and/or incident files and records
maintained by Defendant(s) in reference to any other vehicular accident, or incident,
prior to the occurrence of the accident in question, wherein Benjamin Kyle Johnson
was the driver of a vehicle involved in the prior accidents or incidents.
24. Produce copies of each and every insurance policy and/or agreements which may be
required to satisfy all or part of a judgment which may be entered in this action or to
indemnify or reimburse Defendant(s) for payments made to satisfy such a judgment.
This Request specifically refers to all coverage available to Defendant(s) and/or
thought or believed to be available and in force when this accident occurred
indicating Defendant(s) as a named insured or omnibus insured or any other type
whether by application, binder, issuance of policy or extension of a grace period.
25. Produce copies of any document that any expert witness you may call to testify at trial
of this case has reviewed and/or will utilize to aid testimony.
26. Produce copies of any document or other item an expert witness you may call to
testify at trial of this case has reviewed or relied upon which relates to or in any way
concerns the Plaintiff’s damages or injuries suffered by Plaintiff.
27. Produce copies of any document that any expert witness you may call to testify at trial
of this case has reviewed or relied upon in formulating his/her opinions that relates to
or concerns this litigation in any way.
28. Produce copies of any statements given to Defendant(s) by Plaintiff or statements
given by and otherwise obtained by Defendant(s) from Plaintiff.
29. Produce copies of any and all investigation and/or accident reports in Defendant's
possession excluding documents which constitute communications between agents or
representatives of Defendant(s) that were made subsequent to the occurrence upon
which this suit is based and in connection with or anticipation of the defense of claims
made a part of the pending litigation.
30. Produce a copy of the curriculum vitae of each expert witness you may call to testify
upon the trial of this case.
11
31. Produce copies of any documents or other writings which show or identify this
Defendant(s) as being either a public or private corporation.
32. Produce all non-privileged documents, records and/or other writings that evidence an
admission, in whole or in part, that the incident was caused by an act or omission or
fault or negligence of any person or entity.
33. Produce any photographs or videotapes of Plaintiff.
34. Produce copies of any documents reflecting settlement agreements, deals, and/or
understandings between Defendant(s) and any other party concerning the lawsuit or
the incident made the basis of this lawsuit.
35. Produce copies of any and all documents and/or reports, as well as all other tangible
things, physical models, compilations of data and other material prepared by any
expert whom you may call to testify, including the discoverable factual observations,
tests, supporting data, calculations, photographs and opinions of such expert with
regard to this case.
36. Produce copies of any and all documents and tangible items furnished to each expert
you may call to testify at trial of this case.
37. Produce copies of any and all documents evidencing the reasons why the company
issuing any policy which would protect you against the risks sued hereon claims or
intends to claim that it has some ground for denying you coverage provided under
said policy.
38. Produce copies of any and all charts, plans, photographs, or other documents intended
to be introduced into evidence on the issues of liability or damages.
39. Produce copies of any and all photographs, videotapes, movies, slides, etc., that in
any way relate to the incident made the basis of this suit.
40. Produce copies of any and all indemnity agreements between any of the parties to this
case.
41. Produce copies of any and all indemnity agreements between any party to this case
and any non-party which is relevant to the incident or injuries made the basis of this
suit.
42. Produce copies of any and all reports which have been obtained from any expert you
may call to testify at trial of this case.
43. Produce copies of any and all work papers, notes, and other documents in the file of
any expert witness who you may call to testify, or in the file of any expert witness
12
whose opinions will be relied upon in whole or in part by an expert you may call to
testify at the trial of this case.
44. Produce a copy of the title to the vehicle Driver was driving at the time of the
accident.
45. Produce copies of any and all photographs Defendant(s) has of the vehicles involved
in this accident and any and all photographs of the scene.
46. Produce copies of any and all contracts and agreements between this Defendant(s)
and any other Defendant and/or third party pertaining to work being performed or
furthered at the time of the accident.
47. Produce copies of any and all training materials or other documents concerning
driving safety Defendant(s) distributed to employees or agents from the time Driver
was hired through the present.
48. Produce copies of all ownership and registration papers pertaining to the vehicle
driven by Benjamin Kyle Johnson at the time of the subject accident.
49. Produce a copy of both sides of Benjamin Kyle Johnson’s current driver's license(s).
50. Produce copies of any and all federal, county, city, police, state or other governmental
investigations concerning or regarding this accident.
51. Produce copies of any and all records obtained by Defendant(s) pertaining to Plaintiff.
52. Produce the vehicle and all trailers and cargo carried by your vehicle at the time of the
underlying accident for inspection.
53. Produce the original raw data and copies of any and all printouts of any on-board
recording device, an on-board computer, including printout for engine computer data,
Qualcom data printouts, trip recorder, trip master, or device known by any other name
which records information concerning the operation of the truck for the period
commencing 30 days before the subject collision through and including 10 days after
the subject collision.
54. Produce all policies and procedures for testing your drivers for drug and/or alcohol
use.
55. Produce the results of any drug test performed on Benjamin Kyle Johnson within the
32 hours immediately following the incident made the basis of this lawsuit.
56. Produce the results of any alcohol test performed on Benjamin Kyle Johnson within
the 8 hours immediately following the incident made the basis of this lawsuit.
13
57. Produce a copy of Defendant’s drug/alcohol policy and any other policy, however
named, regulating the use of drugs (prescription and non-prescription), alcohol and/or
other controlled substance that could impair driving ability.
58. Produce any and all on-board and remote recording devices that are meant to track
any data, movement, or other similarly identified information generated by the truck
involved in the underlying accident. This request includes, but is not limited to,
hubometer, tripmaster, Cadec, Qualcom,
Preview
EXHIBIT A CAUSE NO. _________________ ROBERT CARR, § IN THE DISTRICT COURT OF § Plaintiff, § § v. § SMITH COUNTY, TEXAS § BENJAMIN KYLE JOHNSON and § ANDREWS CLEANING SERVICE § § § Defendants. § _____ JUDICIAL DISTRICT First Set of Interrogatories, Request for Production, Request for Admission, and Request for Disclosure to Defendant TO: Defendant, Andrews Cleaning Service by and through its registered agent, its owner, president or vice president at 2702 Calloway, Tyler, Texas 78707. Pursuant to the Texas Rules of Civil Procedure, Plaintiff requests that Defendant Andrews Cleaning Service respond to Plaintiff’s interrogatories, request for admissions, request for disclosure and produce for inspection and copying the documents and tangible things requested. Defendant shall file written responses to these requests within fifty (50) days after the date of service. Defendant shall provide the requested documents for inspection and copying at the law offices of Pierce Skrabanek Bruera, PLLC, 3701 Kirby Drive, Suite 760, Houston, TX 77098. 1 I. INSTRUCTIONS AND DEFINITIONS 1. When answering these requests, respondent is requested to refer to the attached instructions and definitions. 2. All information responsive to these requests which is within your knowledge, possession or control or within the knowledge, possession or control of your attorneys, agents or other representatives, as well as information you can obtain upon reasonable inquiry is to be divulged. If there is a request for all information on a given subject and you do not know all information, provide such information to the extent of your knowledge. 3. All responses must be made separately and fully. An incomplete or evasive response will be considered a failure to answer. Where necessary to give a broader scope to any of these requests, “and” includes “or” and vice versa, the past tense includes the present and vice versa, the singular includes the plural and vice versa, “any” includes “all” and vice versa, and “each” includes “every” and vice versa. The singular form of a noun or pronoun shall be considered to include within its meaning the plural form of the noun or pronoun so used, and vice-versa; the use of the masculine form of a pronoun shall also be considered to include within its meaning the feminine form of the pronoun so used, and vice-versa; and the use of any tense of any verb shall also be considered to include within its meaning all other tenses of the verb so used. 4. Each request should be construed independently and not by reference to any other request herein for purposes of limitation, unless one request specifically refers to another request. 5. The TEXAS RULES OF CIVIL PROCEDURE require you to supplement and amend your responses if you obtain information and as a consequence: (1) you know that a response to these requests was incorrect or incomplete when made, or (2) you know that a response, though correct and complete when made, is no longer true and complete. 6. If you do not answer a request based on any claim of privilege, provide a statement for each such request setting forth the following information: (i) A short statement identifying each privilege involving the basis therefore; (ii) The facts upon which you relied to support the claim of privilege; 2 (iii) A description of all documents for which such privilege is claimed, including: a. the type of document; b. a brief statement of the document's general topic matter; c. the date of the document; d. author(s) and their title(s) and position(s); and e. the identity of all persons to whom any contents of the documents have been disclosed. (iv) A description of all conversations for which such privilege is claimed, including: a. the date of the conversation; b. a brief statement describing the general topic of the conversation; c. the persons participating in the conversation; and d. the identity of all persons to whom any portions of the contents of the conversation have been disclosed. 7. As required by the TEXAS RULES OF CIVIL PROCEDURE, your failure to respond to these requests within the time required, or failure to supplement your responses may result in entry of a judgment against you, the assessment of attorney’s fees against you, or other sanctions of the Court. 8. “Document” and “documents” is to be defined as synonymous in meaning and equal in scope to the usage of this term in the TEXAS RULES OF CIVIL PROCEDURE and shall be used in their broadest sense and shall mean and include all written, printed, typed, electronic, recorded or graphic material of every kind and description, both originals and copies and all attachments and appendices thereto. Without limiting the foregoing, the term “document” and “documents” shall include all agreements, contracts, communications, correspondence, letters, telegrams, facsimiles, telexes, minutes, messages, memoranda, interoffice communication, e-mail, records, reports, books, summaries or other records of telephone conversations or interviews, summaries or other records of personal conversations, summaries or other records of negotiations, other summaries, diaries, diary entries, calendars, appointment books, time records, instructions, work assignments, visitor records, forecasts, statistical data, statistical statements, financial statements, work sheets, work papers, drafts, graphs, maps, charts, tables, accounts, analytical records, consultants' reports, appraisals, bulletins, brochures, pamphlets, circulars, trade letters, press releases, notes, notices, marginal notations, notebooks, telephone bill or records, bills, statements, records of obligation and expenditure, invoices, lists, journals, advertising, recommendations, files, printouts, compilations, tabulations, purchase orders, receipts, sell orders, confirmations, checks, canceled checks, letters of credit, envelopes or folders or similar containers, vouchers, analyses, studies, surveys, 3 transcripts of hearings, transcripts of testimony, expense reports, microfilm, micro- fiche, articles, speeches, tape or disc recordings, sound recordings, video recordings, film, photographs, punch cards, programs, data compilations from which information can be obtained (including matter used in data processing), and other printed, written, handwritten, typewritten, recorded, stenographic, computer-generated, computer- stored, or electronically stored matter, however and by whomever produced, prepared, reproduced, disseminated, or made. The terms “document” and “documents” shall include all copies of documents by whatever means made, except that where a document is identified or produced, identical copies thereof which do not contain any markings, additions, or deletions different from the original need not be separately produced. A DRAFT OR NON-IDENTICAL COPY IS A SEPARATE DOCUMENT WITHIN THE MEANING OF THIS TERM. Electronic Data Directive: Pursuant to the TEXAS RULES OF CIVIL PROCEDURE, all electronic data responsive to the requests below shall be provided via CD, DVD, or Floppy Disk in user readable format (.txt or similar file types), or as otherwise agreed in a supplemental writing by the parties. 9. “Document” and “documents” shall mean and include all matter within the foregoing description that are in your possession, control or custody or in the possession, control or custody of any attorney for you or the existence of which you are aware and that you have access to or to which you can secure access. Without limiting the term “control,” a document is deemed to be within your control if you have ownership, possession or custody of the document, or the right to secure the document or copy thereof from any person or public or private entity having physical possession thereof. 10. “Communication” shall mean and include any transmission or exchange of information in the form of facts, ideas, inquiries, or otherwise, and shall include an exchange between two or more persons, whether orally or in writing, including without limitation any conversation or discussion face-to-face or by means of letter, note, memorandum, telephone, telegraph, telex, telecopier, cable, e-mail or some other electronic or other medium, and whether by chance or prearranged, formal or informal. 11. “Referring” or “relating to” shall mean to concern, describe, explain, reference, contain or comment upon the subject matter referred to in the request and, in that regard, each request shall be interpreted broadly so as to promote the full disclosure of information. 12. “Person” shall mean all natural persons and entities, including, without limitation, individuals, committees, agencies, commissions, firms, corporations, associations, partnerships, businesses, public agencies, departments, bureaus, boards, or any other form of public, private or legal entity, and all predecessors or successors in interest. 13. “Identify” or “identification” shall mean: 4 (a) With respect to a natural person, to include, without limitation, full name, title, job description, present business and home addresses (last known if present addresses are unknown). If there have been changes in title or job description during the time period covered by these interrogatories, all titles and job descriptions should be given, together with the period during which each one was held; (b) With respect to a communication, to include, without limitation, the date, time and approximate duration of the communication, a statement describing the substance of the communication with particularity, the persons participating in the conversation, the persons directing the communication to take place, if any, and the identity of all persons to whom any portions of the contents of the communication have been disclosed. (c) With respect to a business entity, to include, without limitation, its name, date and place of formation, and all its business addresses; and (d) With respect to a document, to include, without limitation, title, type, date, the identity of each person either wholly or in part participating in the preparation or dissemination of, or who is referred to in, the document, addressee, recipients, any identifying numbers or marks upon the face of the document, subject matter or general nature, and the identity and location of each person who has possession, custody or control of the document or, if a document has been destroyed or is unavailable, the identity of each person who destroy the document or who last possessed or controlled the document. (e) When used with reference to an act, means, without limitation, to state with particularity and certainty each and every item of behavior, communication and/or tangible thing which constitutes the act, including the place, time and date of each such item; to identify each and every person participating in the act and to specify the items of behavior performed, information communicated, and/or tangible things provided, by each such person; and to identify each and every document and communication which constitutes or describes the behavior, communication, tangible thing, or any part thereof. (f) When used in reference to an omission to act, means, without limitation, to state with particularity and certainty each and every item of behavior, communication, and/or tangible thing which you contend should have been performed, communicated, and/or provided, and the place, time, and date each such performance or communication should have occurred, to identify each and every natural person who, by reason of knowledge or particular circumstances, you contend should have performed, communicated, and/or provided each item of omitted behavior, communication and/or tangible thing; and to identify each and every document or communication which you believe 5 tends to establish that the omitted behavior, communication and/or tangible thing should have been performed, provided, or communicated. (g) When used in reference to a lawsuit, means, without limitation, to state for each criminal and/or civil action: the case, including the cause number, court, and parties; your status as either plaintiff, defendant, intervenor, impleader, interpleader, or third-party plaintiff or defendant; the substance of the claim[s] and defense[s] asserted; and the ultimate disposition or resolution of the claim[s] and defense[s]. 14. “Complaint” means Plaintiff’s Original Petition in this case or any supplemental or amended Complaints subsequently filed in this lawsuit. 15. “You,” “Your,” Defendants” or “Defendant” means each defendant sued in this case and each of your agents, representatives, employees, assigns, officers, directors, staff, affiliates, owned or controlled entities or agencies, and all other persons acting in concert with you or under your control, whether directly or indirectly, including any attorney. Where the answers called for are different for any of the foregoing, state which portion of which answer applies to each. 16. “Accident” shall refer to the crash on or about August 10, 2016, which forms the basis of this lawsuit. 17. “Trip” shall refer to the transportation and/or movement of one load or cargo, regardless of load size or type, from its origin(s) to final destination(s) and includes the travel, empty or unloaded, from that destination point to the next point or location of loading, end of trip or new trip origin. 18. “Truck” and “Tractor-Trailer” shall refer to, unless otherwise defined in a specific Request herein, the over-the-road vehicular power unit being operated by Defendant at the time the accident occurred. 19. “Driver” shall refer to any person employed, contracted for or with, by Defendants, including persons known as co-drivers, independent contractors, owner operators or trip lessors and includes persons furnished to Defendants as drivers by any other person or organization who perform driving services for or on behalf of Defendants. 20. “Driver Qualification File” shall refer to those records specifically created and maintained by Defendants on any driver who performs services or work for on its behalf. This includes but is not limited to the file required under Texas Motor Carrier Safety Regulations of the U. S. Department of Transportation, Part 391.51. 21. “Driver Personnel File” shall refer to any and all files, records, communications or documents created by a driver, Defendants, or any other person or organization that contains documents directed to, received from or about a driver. 6 22. “Cargo” as used herein, unless otherwise defined in a specific Request herein, means the Cargo transported by Defendants. 23. “Time worked records” shall refer to any and all documents created in reference to work performed by the driver during the prescribed time period requested and includes driver's record of duty status or driver’s daily logs, time worked cards or other time worked records or summaries, Defendants’ administrative driver’s record of duty status or log audits and/or 70/60-hour log audits or summaries or, any otherwise described documents advising Defendants of the hours worked by the driver. 24. “Maintenance files and records” shall refer to those documents created and/or maintained by Defendants relative to the truck's inspection, repair and maintenance. This includes, but is not limited to, all driver's daily condition reports, all systematic and annual inspections, work or repair orders, list of add-ons and/or take-offs of equipment parts and accessories, accounting records, bills, or notes of repairs or maintenance and all summary type maintenance documents prepared by Defendants or other agencies or organizations, inclusive of any summary or computer generated type systematic lubrication, inspection, and maintenance records and documents in the possession of Defendants on the truck. This definition specifically includes any and all driver daily condition reports created by any driver and maintenance files and records maintained by and in the possession of any other person or organization performing maintenance services for or on behalf of the Defendants. 7 II. Interrogatories 1. With respect to your company’s hiring and retention policies—what types of violations will disqualify an individual from being hired or cause an existing employee to be terminated? For any violations listed in response to this interrogatory, please identify the applicable time period the company utilizes when evaluating or checking on violations prior to employment or for retaining an existing employee. 2. If you are going to contend that the incident in question was caused by anything but Benjamin Kyle Johnson actions or inactions, identify what other causes contributed to the incident in question and give the factual basis for them. 3. If you are going to somehow claim Plaintiff was contributorily negligent, give the factual basis for that contention. 4. Please list all moving violations received by Benjamin Kyle Johnson for the past 30 months prior to the incident in question. 5. Was Benjamin Kyle Johnson in the course and scope of his employment at the time of his accident with Robert Carr. If your answer is anything other than an unqualified yes, provide the dates and times Benjamin Kyle Johnson worked for you for the seven days leading up to an including the date of the subject accident. 6. Identify the owner of the vehicle that Benjamin Kyle Johnson was driving at the time of the subject accident. 7. Describe all classroom training, hands on training, written tests, practical tests and road tests of driving ability provided by or administered by you to Benjamin Kyle Johnson. 8. Please list or describe all vehicular accidents involving Benjamin Kyle Johnson for the five year period prior to the accident made the basis of this lawsuit. In your response, please identify any disciplinary action, counseling or other corrective action taken by or on behalf of this Defendant against Benjamin Kyle Johnson in response to any vehicular accident(s). 9. Provide the telephone number and service provider for all cellular telephones present in the vehicle driven by Benjamin Kyle Johnson at the time of the subject accident. 10. Was a post-accident alcohol and drug screen administered to Benjamin Kyle Johnson following the subject accident and what were the results of the testing? 8 11. Describe any adverse actions, including but not limited to warnings, reprimands, suspension, or termination, issued to Benjamin Kyle Johnson as a result of being involved in this accident. 12. State what steps you took to investigate this accident including the names of individuals responsible for conducting the investigations, names of individuals interviewed, whether statements were taken, whether photographs or recordings were taken, and whether an investigation or incident report was prepared. III. Requests for Production 1. Copy of postings and webpages from any social networking site including but not limited to Facebook, MySpace, Instagram, etc. for Benjamin Kyle Johnson from one month prior to the incident in question until 6 months after the incident in question. 2. Copies of Benjamin Kyle Johnson’s MVR records for the past three years gathered from the requisite state agency under 49 C.F.R. § 391.23(a)(1). 3. Copies of police reports for any other vehicular collisions or incidents in which Benjamin Kyle Johnson was involved. 4. Copy of performance reviews for Benjamin Kyle Johnson or the past 5 years. 5. Copy of Benjamin Kyle Johnson’s cell phone bill for 1 month preceding the incident and for the date of the incident. This should list calls received, dates, and times. 6. Produce copies of all trip and/or operational documents pertaining to the trip taken by Benjamin Kyle Johnson at the time of the subject accident. 7. Copy of any manual or procedure booklet that addresses a driver’s duties following an accident. 8. If you are going to contend that Benjamin Kyle Johnson was not in the course and scope of his employment at the time of the incident, provide documents to support such an assertion. 9. Produce copies of the personnel file for Benjamin Kyle Johnson. 10. Produce copies of all pre-employment questionnaires and other documents secured from Benjamin Kyle Johnson prior to employment with Defendant(s). 9 11. Produce copies of all medical examinations, drug tests, and certification of medical examinations inclusive of expired and non-expired documents relative to Benjamin Kyle Johnson. 12. Produce copies of all actual driver's road tests administered to Benjamin Kyle Johnson. 13. Produce copies of all actual driver's written tests administered to Benjamin Kyle Johnson. 14. Produce all training notes, certificates and attendance lists relative to Benjamin Kyle Johnson, regardless of the date issued or the originator of such certificates. 15. Produce copies of all past employment inquiries sent to and/or secured from former employers along with all responses received from former employers inclusive of all U.S. mail, personal contact or telephone inquiries and results directed to or received by Defendant(s) from past employers of Benjamin Kyle Johnson. 16. Produce copies of all inquiries to and answers received from any organization in reference to the driver's license record of traffic violations and accidents directed to and/or received by the Defendant(s), or other organizations on behalf of Defendant(s), from state or federal governmental agencies relative to Benjamin Kyle Johnson’s traffic and accident record. 17. Produce copies of all road and/or written test cards, medical cards, certification of driver qualification cards and any other motor carrier transportation related cards in the possession of the Defendant(s) regardless of card issuance date or origin. This specifically includes cards, as previously described herein, issued by other motor carriers to Benjamin Kyle Johnson or his co-driver(s) presently in their personal possession. 18. Produce copies of all annual reviews, file reviews, and/or file summaries and related to Benjamin Kyle Johnson. 19. Produce copies of all documents relating to any drug and/or alcohol testing of Benjamin Kyle Johnson. 20. Produce copies of any and all other contents of Benjamin Kyle Johnson’s Driver Qualification File, regardless of subject, form, purpose, originator, receiver, title,or description. 21. Produce copies of all hiring, suspension, termination, warning notices, complaints, letters, memorandums and any other similar type documents, however named, relating to Benjamin Kyle Johnson. 10 22. Produce copies of all objects, photographs, drawings, reports, statements, or otherwise described documents or objects in the possession of Defendant(s) in reference to the accident as defined herein, "excluding only" those written documents, materials and objects that can be clearly identified as the work product of Defendant's attorneys. This specifically includes any and all reports and written or electronically recorded statements made by Defendant(s) to any other person, organization or governmental entity. 23. Produce copies of any and all other accident and/or incident files and records maintained by Defendant(s) in reference to any other vehicular accident, or incident, prior to the occurrence of the accident in question, wherein Benjamin Kyle Johnson was the driver of a vehicle involved in the prior accidents or incidents. 24. Produce copies of each and every insurance policy and/or agreements which may be required to satisfy all or part of a judgment which may be entered in this action or to indemnify or reimburse Defendant(s) for payments made to satisfy such a judgment. This Request specifically refers to all coverage available to Defendant(s) and/or thought or believed to be available and in force when this accident occurred indicating Defendant(s) as a named insured or omnibus insured or any other type whether by application, binder, issuance of policy or extension of a grace period. 25. Produce copies of any document that any expert witness you may call to testify at trial of this case has reviewed and/or will utilize to aid testimony. 26. Produce copies of any document or other item an expert witness you may call to testify at trial of this case has reviewed or relied upon which relates to or in any way concerns the Plaintiff’s damages or injuries suffered by Plaintiff. 27. Produce copies of any document that any expert witness you may call to testify at trial of this case has reviewed or relied upon in formulating his/her opinions that relates to or concerns this litigation in any way. 28. Produce copies of any statements given to Defendant(s) by Plaintiff or statements given by and otherwise obtained by Defendant(s) from Plaintiff. 29. Produce copies of any and all investigation and/or accident reports in Defendant's possession excluding documents which constitute communications between agents or representatives of Defendant(s) that were made subsequent to the occurrence upon which this suit is based and in connection with or anticipation of the defense of claims made a part of the pending litigation. 30. Produce a copy of the curriculum vitae of each expert witness you may call to testify upon the trial of this case. 11 31. Produce copies of any documents or other writings which show or identify this Defendant(s) as being either a public or private corporation. 32. Produce all non-privileged documents, records and/or other writings that evidence an admission, in whole or in part, that the incident was caused by an act or omission or fault or negligence of any person or entity. 33. Produce any photographs or videotapes of Plaintiff. 34. Produce copies of any documents reflecting settlement agreements, deals, and/or understandings between Defendant(s) and any other party concerning the lawsuit or the incident made the basis of this lawsuit. 35. Produce copies of any and all documents and/or reports, as well as all other tangible things, physical models, compilations of data and other material prepared by any expert whom you may call to testify, including the discoverable factual observations, tests, supporting data, calculations, photographs and opinions of such expert with regard to this case. 36. Produce copies of any and all documents and tangible items furnished to each expert you may call to testify at trial of this case. 37. Produce copies of any and all documents evidencing the reasons why the company issuing any policy which would protect you against the risks sued hereon claims or intends to claim that it has some ground for denying you coverage provided under said policy. 38. Produce copies of any and all charts, plans, photographs, or other documents intended to be introduced into evidence on the issues of liability or damages. 39. Produce copies of any and all photographs, videotapes, movies, slides, etc., that in any way relate to the incident made the basis of this suit. 40. Produce copies of any and all indemnity agreements between any of the parties to this case. 41. Produce copies of any and all indemnity agreements between any party to this case and any non-party which is relevant to the incident or injuries made the basis of this suit. 42. Produce copies of any and all reports which have been obtained from any expert you may call to testify at trial of this case. 43. Produce copies of any and all work papers, notes, and other documents in the file of any expert witness who you may call to testify, or in the file of any expert witness 12 whose opinions will be relied upon in whole or in part by an expert you may call to testify at the trial of this case. 44. Produce a copy of the title to the vehicle Driver was driving at the time of the accident. 45. Produce copies of any and all photographs Defendant(s) has of the vehicles involved in this accident and any and all photographs of the scene. 46. Produce copies of any and all contracts and agreements between this Defendant(s) and any other Defendant and/or third party pertaining to work being performed or furthered at the time of the accident. 47. Produce copies of any and all training materials or other documents concerning driving safety Defendant(s) distributed to employees or agents from the time Driver was hired through the present. 48. Produce copies of all ownership and registration papers pertaining to the vehicle driven by Benjamin Kyle Johnson at the time of the subject accident. 49. Produce a copy of both sides of Benjamin Kyle Johnson’s current driver's license(s). 50. Produce copies of any and all federal, county, city, police, state or other governmental investigations concerning or regarding this accident. 51. Produce copies of any and all records obtained by Defendant(s) pertaining to Plaintiff. 52. Produce the vehicle and all trailers and cargo carried by your vehicle at the time of the underlying accident for inspection. 53. Produce the original raw data and copies of any and all printouts of any on-board recording device, an on-board computer, including printout for engine computer data, Qualcom data printouts, trip recorder, trip master, or device known by any other name which records information concerning the operation of the truck for the period commencing 30 days before the subject collision through and including 10 days after the subject collision. 54. Produce all policies and procedures for testing your drivers for drug and/or alcohol use. 55. Produce the results of any drug test performed on Benjamin Kyle Johnson within the 32 hours immediately following the incident made the basis of this lawsuit. 56. Produce the results of any alcohol test performed on Benjamin Kyle Johnson within the 8 hours immediately following the incident made the basis of this lawsuit. 13 57. Produce a copy of Defendant’s drug/alcohol policy and any other policy, however named, regulating the use of drugs (prescription and non-prescription), alcohol and/or other controlled substance that could impair driving ability. 58. Produce any and all on-board and remote recording devices that are meant to track any data, movement, or other similarly identified information generated by the truck involved in the underlying accident. This request includes, but is not limited to, hubometer, tripmaster, Cadec, Qualcom,