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NO. ____________
S. ANITA VASQUEZ, § IN THE DISTRICT COURT OF
§
Plaintiff, §
§
V. § ____ JUDICIAL DISTRICT
§
COAL CITY COB COMPANY, INC. §
AND §
ARNOLD DAVID RIEDINGER §
Defendants. § HARRIS COUNTY, TEXAS
PLAINTIFF’S FIRST SET OF INTERROGATORIES TO
DEFENDANT ARNOLD DAVID RIEDINGER
TO: Defendant, Arnold David Riedinger, served via and contemporaneously with Plaintiff’s
Original Petition.
Pursuant to Texas Rule of Civil Procedure 197, Plaintiff, S. Anita Vasquez, serves the
following First Set of Interrogatories upon Defendant, Arnold David Riedinger. Defendant is
advised that the responses to the requests must be served upon the undersigned counsel within
fifty (50) days following service. No extensions of time with respect to the responses shall be
valid unless such agreement is set forth in writing and signed by counsel for Plaintiff. This
document is governed by the definitions and instructions that follow.
Respectfully submitted,
_________________________________
Ryan H. Zehl
Texas State Bar No. 24047166
rzehl@zehllaw.com
Kevin C. Haynes
Texas State Bar No. 24055639
khaynes@zehllaw.com
Tommy Servos
Texas State Bar No. 24070596
tservos@zehllaw.com
ZEHL & ASSOCIATES, PC
2700 Post Oak Blvd., Suite 1120
PLAINTIFF’S FIRST SET OF INTERROGATORIES TO PAGE 1
ARNOLD DAVID REIDINGER
Houston, Texas 77056
Telephone 713.491.6064
Facsimile 713.583.8545
ATTORNEYS FOR PLAINTIFF
S. ANITA VASQUEZ
PLAINTIFF’S FIRST SET OF INTERROGATORIES TO PAGE 2
ARNOLD DAVID REIDINGER
DEFINITIONS AND INSTRUCTIONS
1. “Defendant,” “Mr. Riedinger,” “you” and “your,” as used herein, means and refers to
Defendant Arnold David Riedinger, as well all other natural persons, businesses or legal
entities acting or purporting to act for or on behalf of the person or entity to whom these
requests are directed. Such natural persons, businesses or legal entities include, but are
not limited to, officers, directors, partners, trustees, employees, representatives, agents,
insurance companies, insurance adjusters, claims adjusters, consultants, wholly-owned
subsidiaries, partially-owned subsidiaries, and affiliates.
2. “Plaintiff” and “S. Anita Vasquez,” as used herein, means and refers to Plaintiff, S. Anita
Vasquez, Plaintiff’s representatives, and all other natural persons or businesses or legal
entities acting or purporting to act for or on Plaintiff’s behalf.
3. “Documents,” as used herein, is to be interpreted as broadly as allowed under law and
includes any original, reproduction, or copy of any kind, typed, recorded, graphic,
printed, written or documentary, including without limitation, correspondence,
memoranda, calendars, desk files, interoffice communications, notes, diaries, contracts,
documents, drawings, plans, specifications, estimates, inventories, vouchers, permits,
written ordinances, minutes of meetings, invoices, billings, checks, reports, studies,
telegrams, notice of telephone conversations, sales receipts and notes of any and all
communications and every other means of recording any tangible thing, any form of
communication of representation, including letters, words, pictures, sounds or symbols,
or combinations thereof in your possession, custody, or control. This term is intended to
include, but is not limited to, “documents” kept in the ordinary course of business and in
their original, unaltered format at or near the time of creation or generation. This term is
also intended to include, but is not limited to, information, data, and items generated by,
recorded by, and/or stored by or in electronic or digital means and formats, such as
computer drives, computer servers, and/or any other computer, electronic, or digital
means. Such digital or electronic information, data, and items should be produced in
their original, unaltered versions; however, this term also expressly seeks any corollary
files generated pursuant to any alterations of the original versions and files that otherwise
evidence the history, tracking, deletion, and/or other alteration of such information, data,
and items (i.e., metadata). Information, data, and items generated by, recorded by, and/or
stored by or in electronic or digital means and formats are requested to be produced via
CD-ROM, DVD, or similar digital format and to include metadata. This term is also
intended to include electronic communications such as e-mail, text messages,
communications and information uploaded to and downloaded from websites, weblogs,
social media sites (e.g., Facebook) and social media services (e.g., Twitter). Finally, this
term is intended to have the broadest meaning allowed under Texas Rule of Civil
Procedure 192.3(b).
PLAINTIFF’S FIRST SET OF INTERROGATORIES TO PAGE 3
ARNOLD DAVID REIDINGER
4. “Statement, as used herein, means (a) a written statement signed or otherwise adopted or
approved by the person making it, or (b) a stenographic, mechanical, electronic, or other
type of recording, or any transcription thereof which is a substantially verbatim recital of
a statement made by the person and contemporaneously recorded.
5. “Identify” or “identification” means:
i. When used in reference to a natural person, to state his/her full name,
present or last known residence address, present or last known business
address, and present residence and/or business telephone number.
ii. When used in reference to a public or private corporation, governmental
entity, partnership, joint venture, association, or other entity, means to
state the nature or form of the entity; its full name; present or last known
business address or operating address; telephone number; principal line of
business; and principals, officers, directors, or other persons authorized to
act for it in connection with the matters referred to in the particular
discovery requested.
iii. When used in reference to a writing and recording or photograph, shall
include a statement of the following:
1) The title, heading, or caption, if any, of such writing and recording,
or photograph;
2) The identifying number, letter, or combination thereof, if any, and
the significance or meaning of such numbers, letters, or
combination thereof, if necessary to understand another writing
and recording, or photograph;
3) The date appearing on such writing and recording, or photograph;
if no date appears thereon, the answer shall so state and shall give
the date or approximate date on which such writing and recording,
or photograph, was prepared;
4) The number of pages and the general nature or description of such
writing and recording, or photograph (i.e., whether it is a letter,
memorandum, minutes of a meeting, etc.), with sufficient
particularity so as to enable such writing and recording, or
photograph, to be precisely identified;
5) The name and capacity of the person who signed such writing and
recording, or photograph; if it was not signed, the answer shall so
state and shall give the name of the person or persons who
prepared it;
PLAINTIFF’S FIRST SET OF INTERROGATORIES TO PAGE 4
ARNOLD DAVID REIDINGER
6) The name and capacity of the person to whom such writing and
recording, or photograph, was addressed, and the name and
capacity of such person, other than such addressee, to whom such
writing and recording, or photograph, or a copy thereof, was sent;
and
7) The physical location of the writing and recording, or photograph,
and the name of its custodian.
6. “Writings” and/or “recordings” mean, but are not limited to, letters, words, or numbers or
their equivalent, set down by handwriting, typewriting, printing, photostating,
photocopying, magnetic impulse, mechanical or electronic recording, or other form of
data compilation. The phrase refers to both originals and all duplicates thereof, whether
in your possession, custody, control, or known by you to exist.
7. “Photographs” means, but is not limited to, still photographs, x-ray film, videotapes, and
motion pictures. The term refers to originals and duplicates thereof.
8. “Person” means any individual, association, partnership, corporation, joint venture, or
any other type of entity or institution, whether formed for business or any other purpose.
9. “With respect to” means with regard to, respecting or concerning, to bring into or
establish by association, connection or relation, either direct or indirect. It includes
alluding to, responding to, concerning, connected with, commenting on, regarding,
discussing, describing, evidencing, or pertaining to all facts and issues giving rise to
Plaintiff’s last-filed Petition.
10. “Occurrence in question,” “Incident in question,” and “Collision in question,” “accident,”
“incident,” “occurrence,” and similar terms and phrases mean the facts and circumstances
that form the basis of the cause or causes of action alleged against Defendant(s) by
Plaintiff, most if not all of which took place on December 09, 2013.
11. “Petition” means Plaintiff’s last filed petition in this case.
12. “Settlement,” as used herein, means (a) an oral or written, disclosed or undisclosed
agreement, bargain, contract, settlement, partial settlement, limited settlement,
arrangement, deal, understanding, loan arrangement, credit arrangement, contingent
settlement, limitation on the amount of liability or judgment, or a promise by or between
plaintiff and any defendant or between any defendant herein whereby plaintiff or
defendant have in any way released or compromised, in whole or in part, directly or
indirectly, or agreed to do so in the future, any of the matters in controversy in this
lawsuit whether before, after or during trial or before or after any jury verdict is returned
herein or a judgment is entered or rendered herein; (b) any resolution of the differences
between the plaintiff and defendant by loan to the plaintiff or any other device which is
repayable in whole or in part out of any judgment the plaintiff may recover against
PLAINTIFF’S FIRST SET OF INTERROGATORIES TO PAGE 5
ARNOLD DAVID REIDINGER
defendant; (c) “Mary Carter Agreements” as the term is recognized under Texas Law.
13. The term “or” shall include the term “and” and the term “and” shall include the term
“or.”
14. The term “any” shall include the term “all” and the term “all” shall include the term
“any.”
15. The terms “relates,” “relate,” “relate to,” and “relating to” mean pertaining to, germane
to, referring to, specifying, concerning, reflecting, describing, mentioning, supporting,
evidencing, constituting, consisting of, comprising, probative of, and/or reciting, directly
or indirectly, expressly or implicitly, the subject matter of the specific requests.
16. Where the context herein makes it appropriate, each singular word shall include its plural
and each plural word shall include its singular, any masculine word shall include its
feminine form, and any feminine word shall include its masculine form.
17. As used herein, the term “communication” includes, without limitation of its generality,
statements, discussions, conversations, speeches, meetings, remarks, questions,
responses, panel discussions and symposia, whether written or oral, formal or informal, at
any time or place and under any circumstances. The term includes, without limitation of
its generality, both communications and statements which are face-to-face and those
which are transmitted by media, including, but not limited to, intercoms, telephones,
television or radio.
18. In answering this discovery, please furnish all information available to you, including
information in the possession of your attorneys or investigators for your attorneys, and
not merely known of your personal knowledge.
19. To the extent you assert any objection to any request on the basis that the information
sought is exempt or immune from discovery under either the TEXAS RULES OF CIVIL
PROCEDURE or the TEXAS RULES OF EVIDENCE, then respond to so much of the request
that seeks information that you do not claim to be exempt or immune. Moreover, with
respect to each objection made on the basis that the information sought is exempt or
immune from discovery, identify the objectionable information to the extent that such
information may be later accurately described or identified for purposes of a Court
hearing regarding the objection.
20. In this document, the definition of words or expressions shall be the generally understood
meaning of the words or expressions. To assist you in preparing your answers, please
refer to the definitions provided when responding to each of these Interrogatories.
21. These requests do not seek and are not intended to seek privileged information or
documents. In the event that you withhold information or documents or object to a
request on the grounds of a privilege, identify the applicable privilege, describe the
PLAINTIFF’S FIRST SET OF INTERROGATORIES TO PAGE 6
ARNOLD DAVID REIDINGER
information or documents that you claim are privileged, and identify all persons and/or
entities that have reviewed the information or documents that you allege to be privileged
22. Accident Files and Records: The term “Accident Files and Records,” as used herein, is
intended to have broad reference to all forms of recorded information, including writings
and recordings as defined in Rule 1001, Rules of Evidence, and includes written or
recorded statements, reports, memoranda, correspondence, maps, diagrams, pictures,
blueprints, plats, and other related objects and documents inclusive of any documents,
letters to or from or records and reports required from the Defendant by other
organizations, state and/or Federal governmental agencies.
23. Accident Report: The term “Accident Report” as used is intended to be interpreted
broadly and includes, but is not limited to, all reports created by any federal, state, or
local governmental agency, office, subdivision (including, but not limited to, departments
of transportation, police departments, sheriff’s offices), all accident registers generated or
maintained by Coal City Cob Company, Inc., its insurance company, or other
agents/representatives/subsidiaries/affiliates listing the time, date and location of any
accidents that involve vehicles owned or leased by Coal City Cob Company, Inc..
24. Driver: As used herein, the terms “Driver” or “Drivers” mean any person employed or
contracted for, with or by Coal City Cob Company, Inc., including persons known as co-
drivers, independent contractors, owner operators or trip lessors, and include persons
furnished to Coal City Cob Company, Inc. as drivers by any other person or organization
who perform driving services for or on behalf of Coal City Cob Company, Inc..
25. Driver’s Qualification File: As used herein, the term “Driver’s Qualification File”,
means those records specifically required by the Federal Motor Carrier Safety
Regulations (FMCSR) 49 C.F.R. Part 382, 383 and 391 to be created and maintained by
Coal City Cob Company, Inc. on driver who performs services or work on its behalf.
26. The term “Driver’s Personnel File,” as used herein, means any and all files, records,
communications or documents created by a driver, Defendant, or any other person or
organization that contains documents directed to, received from or about a driver.
27. Trip: The term “trip,” as used herein, is defined as 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.
28. Operational Documents: Unless otherwise specified, the meaning of the term
“operational documents,” as used herein, means trip reports, trip envelopes, daily cargo
work reports, work schedule reports, fuel purchased reports, expense receipts, toll
receipts, or any similar reports or records made by Arnold David Riedinger to Coal City
Cob Company, Inc..
29. Vehicle: The term “Vehicle,” as used herein, unless otherwise defined in a specific
Request herein, means the over the road vehicular power unit being operated by Arnold
PLAINTIFF’S FIRST SET OF INTERROGATORIES TO PAGE 7
ARNOLD DAVID REIDINGER
David Riedinger at the time of the incident in question or otherwise in the possession,
custody, or control of Arnold David Riedinger and/or Coal City Cob Company, Inc. at
the time of the incident in question. Unless otherwise specified, this term includes both
the tractor and trailer(s), if any, and all contents of each.
30. Cargo: The term “Cargo,” as used herein, unless otherwise defined in a specific Request
herein, means the passengers or cargo transported by Driver on behalf of “Defendant.”
31. Hours Worked Records: As used herein, the term “Hours Worked Records” means any
and all documents created in reference to FMCSR Part 395 including, but not limited to,
driver’s record of duty status or drivers’ daily logs, time worked cards or other time work
records or summaries, Coal City Cob Company, Inc.’s administrative driver’s record of
duty status or log audits and/or 70/60-hour log audits or summaries, along with any
records or reports of violations and any otherwise described documents advising
Defendant of hours of service violations. This specifically includes all advice,
reprimands or warnings given or sent to Driver or any of his co-driver(s) for violations of
the FMCSR Part 395 and “Hours of Service of Drivers” Regulations created by or on
behalf of Coal City Cob Company, Inc.
32. Maintenance Files and Records: As used herein, the term “Maintenance Files and
Records”, means those documents required to be created and/or maintained by Coal City
Cob Company, Inc. in accordance with the FMCSR Part 396, “Inspection, Repair and
Maintenance.” This includes, but is not limited to, all driver’s daily condition reports, pre
and post trip inspection 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, inspections, or maintenance and all summary type
maintenance documents prepared by Defendant 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 Defendant on Vehicle
involved in the incident in question. This definition specifically includes any and all
driver daily condition reports created by any driver and inspection and maintenance files
and records maintained by and in the possession of any other person or organization
performing maintenance, repair or inspection services for or on behalf of Coal City Cob
Company, Inc.
33. Complete and Clearly Readable Copies: As used herein, the terms “complete and clearly
readable copies” means copies that are not reduced in size, unless the document being
copied exceeds the size of normally available copy paper, and is a complete copy of the
document clearly readable to the average person. Plaintiff requests that each document
that is reproduced by copy methods to satisfy this Request, be reproduced on one page
(one document per page), separate and apart from all other documents produced. If the
copies reproduced to satisfy any Request herein are not clearly readable, Plaintiff
requests the originals be produced for purposes of viewing and copying by the Plaintiff.
The originals will be timely returned to the producing Defendant.
PLAINTIFF’S FIRST SET OF INTERROGATORIES TO PAGE 8
ARNOLD DAVID REIDINGER
34. Co-Driver: As used herein, the term “co-driver” means any person(s) driving or riding
with Arnold David Riedinger from time to time in over-the-road motor carrier equipment
owned or operated by the Defendant, and from time to time working for or with Arnold
David Riedinger in the capacity of a co-driver and/or driver trainer.
35. “CFR Title 49,” as used herein, means the “Code of Federal Regulations”, Title 49-
Transportation, U.S. Department of Transportation, Chapter 3, Federal Highway
Administration, Subchapter B- Parts 382 through 397 titled the “Federal Motor Carriers
Safety Regulations” in effect on the date of the accident in question, hereinafter referred
to as “FMCSR, Parts 382, 383, 385, 387, 391, 392, 393, 395, 396, or 397.”
36. “FMCSR,” as used herein, means the “Federal Motor Carrier Safety Regulations” as
defined in Definition 35.
37. “TXMCSR,” as used herein, means the “State of Texas Motor Carrier Safety
Regulations” as adopted by the Texas Department of Public Safety in effect on the date
of the accident. These rules are similar to the Federal Motor Carrier Safety Regulation as
and are applicable to motor carriers within the state of Texas.
PLAINTIFF’S FIRST SET OF INTERROGATORIES TO PAGE 9
ARNOLD DAVID REIDINGER
FIRST SET OF INTERROGATORIES
INTERROGATORY NO. 1:
Identify all persons you expect to call as testifying witnesses at the trial of this case.
ANSWER:
INTERROGATORY NO. 2:
Identify yourself (see the above definition of “Identify”) and additionally identify the following:
any other name you have used in your lifetime, your date and place of birth, all of your driver’s
license numbers and corresponding issuing states/countries/governmental subdivisions, your
current and former spouses, your children, and your United States Social Security Number, if
any.
ANSWER:
INTERROGATORY NO. 3:
Please describe in your own words how the incident in question occurred, including, but not
limited to, any measures you took to avoid the incident, what actions, if any, you took
immediately following the incident and when the vehicles came to rest, any and all contributing
factors to the incident, who you believe caused the incident, and whether you believe any
weather conditions, Acts of God, or other non-human factors contributed to the incident.
ANSWER:
INTERROGATORY NO. 4:
Explain the nature of your employment with Coal City Cob Company, Inc. and the nature of
your compensation by Coal City Cob Company, Inc., at the time of the collision in question.
This request seeks, but is not limited to, information regarding your job title, job responsibilities,
what kinds of vehicles you drive, what non-driving tasks you perform (e.g., dock work), and
whether you were a full time, salaried employee of Coal City Cob Company, Inc., a part-time,
hourly employee of Coal City Cob Company, Inc., or an independent contractor for Coal City
Cob Company, Inc.
ANSWER:
PLAINTIFF’S FIRST SET OF INTERROGATORIES TO PAGE 10
ARNOLD DAVID REIDINGER
INTERROGATORY NO. 5:
Describe in detail your work schedule for the forty-eight (48) hour period preceding the incident
in question and up to and including the time of the incident in question. This request seeks,
among other information, the following: the number of hours you were off duty, what you did
while you were off duty, the number, if any, of alcoholic beverages that you consumed in the 48
hours preceding the incident, what time you went on duty, where you reported to duty, the names
of all prescription or over the counter medicines that you took in the 48 hours preceding the
incident, the names of all persons with whom you had a phone or in-person conversation in the
48 hours preceding the incident, and where you slept (sleeper, hotel, etc.).
ANSWER:
INTERROGATORY NO. 6:
For each moving violation, traffic offense, traffic citation, FMCSR violation, DWI, or similar
offense (collectively, “citation”) you were charged with, received, were arrested for, and/or were
convicted for between January 1, 2000 to present day, please (1) identify the date of the citation;
(2) state the city where the citation was issued or took place; (3) state the offenses or charges
listed on the citation or for which you were charged; (4) state whether the citation was issued in
connection with a motor vehicle collision in which you were either a driver or passenger of any
of the vehicles involved; (5) state whether you plead or were found guilty of the charges listed on
the citation or for which you were generally charged and identify all charges that were
dismissed; and (6) identify all documents evidencing any such citations.
ANSWER:
INTERROGATORY NO. 7:
For all cellular or mobile telephones in your possession, custody, or control on or about the date
of the incident in question, please identify the phone numbers, the phone carrier who provided
cellular service, and the make/model/year of the phone.
ANSWER:
INTERROGATORY NO. 8:
Identify and describe the substance of all communications you had with any person(s) following
the incident in question while you were stillat the scene of the incident in question. In your
answer, please also identify any documents—hardcopy, electronic, or otherwise—that evidence
any such communications.
ANSWER:
PLAINTIFF’S FIRST SET OF INTERROGATORIES TO PAGE 11
ARNOLD DAVID REIDINGER
INTERROGATORY NO. 9:
Identify and describe the substance of all communications you had with Coal City Cob
Company, Inc. pursuant to any investigation it or any person or entity working on its behalf,
conducted into the incident in question. In your answer, please also identify any documents—
hardcopy, electronic, or otherwise—that evidence any such communications.
ANSWER:
INTERROGATORY NO. 10:
Identify and describe the substance of all communications you had with Coal City Cob
Company, Inc. in the 48-hour period preceding the incident in question and up to and including
the incident in question. In your answer, please also identify any documents—hardcopy,
electronic, or otherwise—that evidence any such communications.
ANSWER:
INTERROGATORY NO. 11:
Please identify all discipline, suspensions, punishment, reprimands, fines, docks/reductions in
pay, warnings, warning letters, corrective actions, and similar action taken by Coal City Cob
Company, Inc. against you as a result of the incident in question. This request includes, but is
not limited do, information regarding whether Coal City Cob Company, Inc. has concluded that
the incident in question as “preventable,” “ratable,” “chargeable,” or similar rating against you.
In your answer, please also identify any documents—hardcopy, electronic, or otherwise—that
evidence the same.
ANSWER:
INTERROGATORY NO. 12:
In the ten year period preceding your employment, statutory employment, or work with Coal
City Cob Company, Inc., please identify all of your employers, including addresses, dates of
employment or work, job title, job description, and your reasons for leaving each employer. In
your answer, please also identify any documents—hardcopy, electronic, or otherwise—that
evidence the same. “Employer” is intended to have the broadest possible meaning under the
Rules and also includes any work you performed as an independent contractor, temporary
worker, part-time employment, and in any other role that did not constitute full-time, salaried
employment.
ANSWER:
PLAINTIFF’S FIRST SET OF INTERROGATORIES TO PAGE 12
ARNOLD DAVID REIDINGER
Preview
NO. ____________ S. ANITA VASQUEZ, § IN THE DISTRICT COURT OF § Plaintiff, § § V. § ____ JUDICIAL DISTRICT § COAL CITY COB COMPANY, INC. § AND § ARNOLD DAVID RIEDINGER § Defendants. § HARRIS COUNTY, TEXAS PLAINTIFF’S FIRST SET OF INTERROGATORIES TO DEFENDANT ARNOLD DAVID RIEDINGER TO: Defendant, Arnold David Riedinger, served via and contemporaneously with Plaintiff’s Original Petition. Pursuant to Texas Rule of Civil Procedure 197, Plaintiff, S. Anita Vasquez, serves the following First Set of Interrogatories upon Defendant, Arnold David Riedinger. Defendant is advised that the responses to the requests must be served upon the undersigned counsel within fifty (50) days following service. No extensions of time with respect to the responses shall be valid unless such agreement is set forth in writing and signed by counsel for Plaintiff. This document is governed by the definitions and instructions that follow. Respectfully submitted, _________________________________ Ryan H. Zehl Texas State Bar No. 24047166 rzehl@zehllaw.com Kevin C. Haynes Texas State Bar No. 24055639 khaynes@zehllaw.com Tommy Servos Texas State Bar No. 24070596 tservos@zehllaw.com ZEHL & ASSOCIATES, PC 2700 Post Oak Blvd., Suite 1120 PLAINTIFF’S FIRST SET OF INTERROGATORIES TO PAGE 1 ARNOLD DAVID REIDINGER Houston, Texas 77056 Telephone 713.491.6064 Facsimile 713.583.8545 ATTORNEYS FOR PLAINTIFF S. ANITA VASQUEZ PLAINTIFF’S FIRST SET OF INTERROGATORIES TO PAGE 2 ARNOLD DAVID REIDINGER DEFINITIONS AND INSTRUCTIONS 1. “Defendant,” “Mr. Riedinger,” “you” and “your,” as used herein, means and refers to Defendant Arnold David Riedinger, as well all other natural persons, businesses or legal entities acting or purporting to act for or on behalf of the person or entity to whom these requests are directed. Such natural persons, businesses or legal entities include, but are not limited to, officers, directors, partners, trustees, employees, representatives, agents, insurance companies, insurance adjusters, claims adjusters, consultants, wholly-owned subsidiaries, partially-owned subsidiaries, and affiliates. 2. “Plaintiff” and “S. Anita Vasquez,” as used herein, means and refers to Plaintiff, S. Anita Vasquez, Plaintiff’s representatives, and all other natural persons or businesses or legal entities acting or purporting to act for or on Plaintiff’s behalf. 3. “Documents,” as used herein, is to be interpreted as broadly as allowed under law and includes any original, reproduction, or copy of any kind, typed, recorded, graphic, printed, written or documentary, including without limitation, correspondence, memoranda, calendars, desk files, interoffice communications, notes, diaries, contracts, documents, drawings, plans, specifications, estimates, inventories, vouchers, permits, written ordinances, minutes of meetings, invoices, billings, checks, reports, studies, telegrams, notice of telephone conversations, sales receipts and notes of any and all communications and every other means of recording any tangible thing, any form of communication of representation, including letters, words, pictures, sounds or symbols, or combinations thereof in your possession, custody, or control. This term is intended to include, but is not limited to, “documents” kept in the ordinary course of business and in their original, unaltered format at or near the time of creation or generation. This term is also intended to include, but is not limited to, information, data, and items generated by, recorded by, and/or stored by or in electronic or digital means and formats, such as computer drives, computer servers, and/or any other computer, electronic, or digital means. Such digital or electronic information, data, and items should be produced in their original, unaltered versions; however, this term also expressly seeks any corollary files generated pursuant to any alterations of the original versions and files that otherwise evidence the history, tracking, deletion, and/or other alteration of such information, data, and items (i.e., metadata). Information, data, and items generated by, recorded by, and/or stored by or in electronic or digital means and formats are requested to be produced via CD-ROM, DVD, or similar digital format and to include metadata. This term is also intended to include electronic communications such as e-mail, text messages, communications and information uploaded to and downloaded from websites, weblogs, social media sites (e.g., Facebook) and social media services (e.g., Twitter). Finally, this term is intended to have the broadest meaning allowed under Texas Rule of Civil Procedure 192.3(b). PLAINTIFF’S FIRST SET OF INTERROGATORIES TO PAGE 3 ARNOLD DAVID REIDINGER 4. “Statement, as used herein, means (a) a written statement signed or otherwise adopted or approved by the person making it, or (b) a stenographic, mechanical, electronic, or other type of recording, or any transcription thereof which is a substantially verbatim recital of a statement made by the person and contemporaneously recorded. 5. “Identify” or “identification” means: i. When used in reference to a natural person, to state his/her full name, present or last known residence address, present or last known business address, and present residence and/or business telephone number. ii. When used in reference to a public or private corporation, governmental entity, partnership, joint venture, association, or other entity, means to state the nature or form of the entity; its full name; present or last known business address or operating address; telephone number; principal line of business; and principals, officers, directors, or other persons authorized to act for it in connection with the matters referred to in the particular discovery requested. iii. When used in reference to a writing and recording or photograph, shall include a statement of the following: 1) The title, heading, or caption, if any, of such writing and recording, or photograph; 2) The identifying number, letter, or combination thereof, if any, and the significance or meaning of such numbers, letters, or combination thereof, if necessary to understand another writing and recording, or photograph; 3) The date appearing on such writing and recording, or photograph; if no date appears thereon, the answer shall so state and shall give the date or approximate date on which such writing and recording, or photograph, was prepared; 4) The number of pages and the general nature or description of such writing and recording, or photograph (i.e., whether it is a letter, memorandum, minutes of a meeting, etc.), with sufficient particularity so as to enable such writing and recording, or photograph, to be precisely identified; 5) The name and capacity of the person who signed such writing and recording, or photograph; if it was not signed, the answer shall so state and shall give the name of the person or persons who prepared it; PLAINTIFF’S FIRST SET OF INTERROGATORIES TO PAGE 4 ARNOLD DAVID REIDINGER 6) The name and capacity of the person to whom such writing and recording, or photograph, was addressed, and the name and capacity of such person, other than such addressee, to whom such writing and recording, or photograph, or a copy thereof, was sent; and 7) The physical location of the writing and recording, or photograph, and the name of its custodian. 6. “Writings” and/or “recordings” mean, but are not limited to, letters, words, or numbers or their equivalent, set down by handwriting, typewriting, printing, photostating, photocopying, magnetic impulse, mechanical or electronic recording, or other form of data compilation. The phrase refers to both originals and all duplicates thereof, whether in your possession, custody, control, or known by you to exist. 7. “Photographs” means, but is not limited to, still photographs, x-ray film, videotapes, and motion pictures. The term refers to originals and duplicates thereof. 8. “Person” means any individual, association, partnership, corporation, joint venture, or any other type of entity or institution, whether formed for business or any other purpose. 9. “With respect to” means with regard to, respecting or concerning, to bring into or establish by association, connection or relation, either direct or indirect. It includes alluding to, responding to, concerning, connected with, commenting on, regarding, discussing, describing, evidencing, or pertaining to all facts and issues giving rise to Plaintiff’s last-filed Petition. 10. “Occurrence in question,” “Incident in question,” and “Collision in question,” “accident,” “incident,” “occurrence,” and similar terms and phrases mean the facts and circumstances that form the basis of the cause or causes of action alleged against Defendant(s) by Plaintiff, most if not all of which took place on December 09, 2013. 11. “Petition” means Plaintiff’s last filed petition in this case. 12. “Settlement,” as used herein, means (a) an oral or written, disclosed or undisclosed agreement, bargain, contract, settlement, partial settlement, limited settlement, arrangement, deal, understanding, loan arrangement, credit arrangement, contingent settlement, limitation on the amount of liability or judgment, or a promise by or between plaintiff and any defendant or between any defendant herein whereby plaintiff or defendant have in any way released or compromised, in whole or in part, directly or indirectly, or agreed to do so in the future, any of the matters in controversy in this lawsuit whether before, after or during trial or before or after any jury verdict is returned herein or a judgment is entered or rendered herein; (b) any resolution of the differences between the plaintiff and defendant by loan to the plaintiff or any other device which is repayable in whole or in part out of any judgment the plaintiff may recover against PLAINTIFF’S FIRST SET OF INTERROGATORIES TO PAGE 5 ARNOLD DAVID REIDINGER defendant; (c) “Mary Carter Agreements” as the term is recognized under Texas Law. 13. The term “or” shall include the term “and” and the term “and” shall include the term “or.” 14. The term “any” shall include the term “all” and the term “all” shall include the term “any.” 15. The terms “relates,” “relate,” “relate to,” and “relating to” mean pertaining to, germane to, referring to, specifying, concerning, reflecting, describing, mentioning, supporting, evidencing, constituting, consisting of, comprising, probative of, and/or reciting, directly or indirectly, expressly or implicitly, the subject matter of the specific requests. 16. Where the context herein makes it appropriate, each singular word shall include its plural and each plural word shall include its singular, any masculine word shall include its feminine form, and any feminine word shall include its masculine form. 17. As used herein, the term “communication” includes, without limitation of its generality, statements, discussions, conversations, speeches, meetings, remarks, questions, responses, panel discussions and symposia, whether written or oral, formal or informal, at any time or place and under any circumstances. The term includes, without limitation of its generality, both communications and statements which are face-to-face and those which are transmitted by media, including, but not limited to, intercoms, telephones, television or radio. 18. In answering this discovery, please furnish all information available to you, including information in the possession of your attorneys or investigators for your attorneys, and not merely known of your personal knowledge. 19. To the extent you assert any objection to any request on the basis that the information sought is exempt or immune from discovery under either the TEXAS RULES OF CIVIL PROCEDURE or the TEXAS RULES OF EVIDENCE, then respond to so much of the request that seeks information that you do not claim to be exempt or immune. Moreover, with respect to each objection made on the basis that the information sought is exempt or immune from discovery, identify the objectionable information to the extent that such information may be later accurately described or identified for purposes of a Court hearing regarding the objection. 20. In this document, the definition of words or expressions shall be the generally understood meaning of the words or expressions. To assist you in preparing your answers, please refer to the definitions provided when responding to each of these Interrogatories. 21. These requests do not seek and are not intended to seek privileged information or documents. In the event that you withhold information or documents or object to a request on the grounds of a privilege, identify the applicable privilege, describe the PLAINTIFF’S FIRST SET OF INTERROGATORIES TO PAGE 6 ARNOLD DAVID REIDINGER information or documents that you claim are privileged, and identify all persons and/or entities that have reviewed the information or documents that you allege to be privileged 22. Accident Files and Records: The term “Accident Files and Records,” as used herein, is intended to have broad reference to all forms of recorded information, including writings and recordings as defined in Rule 1001, Rules of Evidence, and includes written or recorded statements, reports, memoranda, correspondence, maps, diagrams, pictures, blueprints, plats, and other related objects and documents inclusive of any documents, letters to or from or records and reports required from the Defendant by other organizations, state and/or Federal governmental agencies. 23. Accident Report: The term “Accident Report” as used is intended to be interpreted broadly and includes, but is not limited to, all reports created by any federal, state, or local governmental agency, office, subdivision (including, but not limited to, departments of transportation, police departments, sheriff’s offices), all accident registers generated or maintained by Coal City Cob Company, Inc., its insurance company, or other agents/representatives/subsidiaries/affiliates listing the time, date and location of any accidents that involve vehicles owned or leased by Coal City Cob Company, Inc.. 24. Driver: As used herein, the terms “Driver” or “Drivers” mean any person employed or contracted for, with or by Coal City Cob Company, Inc., including persons known as co- drivers, independent contractors, owner operators or trip lessors, and include persons furnished to Coal City Cob Company, Inc. as drivers by any other person or organization who perform driving services for or on behalf of Coal City Cob Company, Inc.. 25. Driver’s Qualification File: As used herein, the term “Driver’s Qualification File”, means those records specifically required by the Federal Motor Carrier Safety Regulations (FMCSR) 49 C.F.R. Part 382, 383 and 391 to be created and maintained by Coal City Cob Company, Inc. on driver who performs services or work on its behalf. 26. The term “Driver’s Personnel File,” as used herein, means any and all files, records, communications or documents created by a driver, Defendant, or any other person or organization that contains documents directed to, received from or about a driver. 27. Trip: The term “trip,” as used herein, is defined as 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. 28. Operational Documents: Unless otherwise specified, the meaning of the term “operational documents,” as used herein, means trip reports, trip envelopes, daily cargo work reports, work schedule reports, fuel purchased reports, expense receipts, toll receipts, or any similar reports or records made by Arnold David Riedinger to Coal City Cob Company, Inc.. 29. Vehicle: The term “Vehicle,” as used herein, unless otherwise defined in a specific Request herein, means the over the road vehicular power unit being operated by Arnold PLAINTIFF’S FIRST SET OF INTERROGATORIES TO PAGE 7 ARNOLD DAVID REIDINGER David Riedinger at the time of the incident in question or otherwise in the possession, custody, or control of Arnold David Riedinger and/or Coal City Cob Company, Inc. at the time of the incident in question. Unless otherwise specified, this term includes both the tractor and trailer(s), if any, and all contents of each. 30. Cargo: The term “Cargo,” as used herein, unless otherwise defined in a specific Request herein, means the passengers or cargo transported by Driver on behalf of “Defendant.” 31. Hours Worked Records: As used herein, the term “Hours Worked Records” means any and all documents created in reference to FMCSR Part 395 including, but not limited to, driver’s record of duty status or drivers’ daily logs, time worked cards or other time work records or summaries, Coal City Cob Company, Inc.’s administrative driver’s record of duty status or log audits and/or 70/60-hour log audits or summaries, along with any records or reports of violations and any otherwise described documents advising Defendant of hours of service violations. This specifically includes all advice, reprimands or warnings given or sent to Driver or any of his co-driver(s) for violations of the FMCSR Part 395 and “Hours of Service of Drivers” Regulations created by or on behalf of Coal City Cob Company, Inc. 32. Maintenance Files and Records: As used herein, the term “Maintenance Files and Records”, means those documents required to be created and/or maintained by Coal City Cob Company, Inc. in accordance with the FMCSR Part 396, “Inspection, Repair and Maintenance.” This includes, but is not limited to, all driver’s daily condition reports, pre and post trip inspection 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, inspections, or maintenance and all summary type maintenance documents prepared by Defendant 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 Defendant on Vehicle involved in the incident in question. This definition specifically includes any and all driver daily condition reports created by any driver and inspection and maintenance files and records maintained by and in the possession of any other person or organization performing maintenance, repair or inspection services for or on behalf of Coal City Cob Company, Inc. 33. Complete and Clearly Readable Copies: As used herein, the terms “complete and clearly readable copies” means copies that are not reduced in size, unless the document being copied exceeds the size of normally available copy paper, and is a complete copy of the document clearly readable to the average person. Plaintiff requests that each document that is reproduced by copy methods to satisfy this Request, be reproduced on one page (one document per page), separate and apart from all other documents produced. If the copies reproduced to satisfy any Request herein are not clearly readable, Plaintiff requests the originals be produced for purposes of viewing and copying by the Plaintiff. The originals will be timely returned to the producing Defendant. PLAINTIFF’S FIRST SET OF INTERROGATORIES TO PAGE 8 ARNOLD DAVID REIDINGER 34. Co-Driver: As used herein, the term “co-driver” means any person(s) driving or riding with Arnold David Riedinger from time to time in over-the-road motor carrier equipment owned or operated by the Defendant, and from time to time working for or with Arnold David Riedinger in the capacity of a co-driver and/or driver trainer. 35. “CFR Title 49,” as used herein, means the “Code of Federal Regulations”, Title 49- Transportation, U.S. Department of Transportation, Chapter 3, Federal Highway Administration, Subchapter B- Parts 382 through 397 titled the “Federal Motor Carriers Safety Regulations” in effect on the date of the accident in question, hereinafter referred to as “FMCSR, Parts 382, 383, 385, 387, 391, 392, 393, 395, 396, or 397.” 36. “FMCSR,” as used herein, means the “Federal Motor Carrier Safety Regulations” as defined in Definition 35. 37. “TXMCSR,” as used herein, means the “State of Texas Motor Carrier Safety Regulations” as adopted by the Texas Department of Public Safety in effect on the date of the accident. These rules are similar to the Federal Motor Carrier Safety Regulation as and are applicable to motor carriers within the state of Texas. PLAINTIFF’S FIRST SET OF INTERROGATORIES TO PAGE 9 ARNOLD DAVID REIDINGER FIRST SET OF INTERROGATORIES INTERROGATORY NO. 1: Identify all persons you expect to call as testifying witnesses at the trial of this case. ANSWER: INTERROGATORY NO. 2: Identify yourself (see the above definition of “Identify”) and additionally identify the following: any other name you have used in your lifetime, your date and place of birth, all of your driver’s license numbers and corresponding issuing states/countries/governmental subdivisions, your current and former spouses, your children, and your United States Social Security Number, if any. ANSWER: INTERROGATORY NO. 3: Please describe in your own words how the incident in question occurred, including, but not limited to, any measures you took to avoid the incident, what actions, if any, you took immediately following the incident and when the vehicles came to rest, any and all contributing factors to the incident, who you believe caused the incident, and whether you believe any weather conditions, Acts of God, or other non-human factors contributed to the incident. ANSWER: INTERROGATORY NO. 4: Explain the nature of your employment with Coal City Cob Company, Inc. and the nature of your compensation by Coal City Cob Company, Inc., at the time of the collision in question. This request seeks, but is not limited to, information regarding your job title, job responsibilities, what kinds of vehicles you drive, what non-driving tasks you perform (e.g., dock work), and whether you were a full time, salaried employee of Coal City Cob Company, Inc., a part-time, hourly employee of Coal City Cob Company, Inc., or an independent contractor for Coal City Cob Company, Inc. ANSWER: PLAINTIFF’S FIRST SET OF INTERROGATORIES TO PAGE 10 ARNOLD DAVID REIDINGER INTERROGATORY NO. 5: Describe in detail your work schedule for the forty-eight (48) hour period preceding the incident in question and up to and including the time of the incident in question. This request seeks, among other information, the following: the number of hours you were off duty, what you did while you were off duty, the number, if any, of alcoholic beverages that you consumed in the 48 hours preceding the incident, what time you went on duty, where you reported to duty, the names of all prescription or over the counter medicines that you took in the 48 hours preceding the incident, the names of all persons with whom you had a phone or in-person conversation in the 48 hours preceding the incident, and where you slept (sleeper, hotel, etc.). ANSWER: INTERROGATORY NO. 6: For each moving violation, traffic offense, traffic citation, FMCSR violation, DWI, or similar offense (collectively, “citation”) you were charged with, received, were arrested for, and/or were convicted for between January 1, 2000 to present day, please (1) identify the date of the citation; (2) state the city where the citation was issued or took place; (3) state the offenses or charges listed on the citation or for which you were charged; (4) state whether the citation was issued in connection with a motor vehicle collision in which you were either a driver or passenger of any of the vehicles involved; (5) state whether you plead or were found guilty of the charges listed on the citation or for which you were generally charged and identify all charges that were dismissed; and (6) identify all documents evidencing any such citations. ANSWER: INTERROGATORY NO. 7: For all cellular or mobile telephones in your possession, custody, or control on or about the date of the incident in question, please identify the phone numbers, the phone carrier who provided cellular service, and the make/model/year of the phone. ANSWER: INTERROGATORY NO. 8: Identify and describe the substance of all communications you had with any person(s) following the incident in question while you were stillat the scene of the incident in question. In your answer, please also identify any documents—hardcopy, electronic, or otherwise—that evidence any such communications. ANSWER: PLAINTIFF’S FIRST SET OF INTERROGATORIES TO PAGE 11 ARNOLD DAVID REIDINGER INTERROGATORY NO. 9: Identify and describe the substance of all communications you had with Coal City Cob Company, Inc. pursuant to any investigation it or any person or entity working on its behalf, conducted into the incident in question. In your answer, please also identify any documents— hardcopy, electronic, or otherwise—that evidence any such communications. ANSWER: INTERROGATORY NO. 10: Identify and describe the substance of all communications you had with Coal City Cob Company, Inc. in the 48-hour period preceding the incident in question and up to and including the incident in question. In your answer, please also identify any documents—hardcopy, electronic, or otherwise—that evidence any such communications. ANSWER: INTERROGATORY NO. 11: Please identify all discipline, suspensions, punishment, reprimands, fines, docks/reductions in pay, warnings, warning letters, corrective actions, and similar action taken by Coal City Cob Company, Inc. against you as a result of the incident in question. This request includes, but is not limited do, information regarding whether Coal City Cob Company, Inc. has concluded that the incident in question as “preventable,” “ratable,” “chargeable,” or similar rating against you. In your answer, please also identify any documents—hardcopy, electronic, or otherwise—that evidence the same. ANSWER: INTERROGATORY NO. 12: In the ten year period preceding your employment, statutory employment, or work with Coal City Cob Company, Inc., please identify all of your employers, including addresses, dates of employment or work, job title, job description, and your reasons for leaving each employer. In your answer, please also identify any documents—hardcopy, electronic, or otherwise—that evidence the same. “Employer” is intended to have the broadest possible meaning under the Rules and also includes any work you performed as an independent contractor, temporary worker, part-time employment, and in any other role that did not constitute full-time, salaried employment. ANSWER: PLAINTIFF’S FIRST SET OF INTERROGATORIES TO PAGE 12 ARNOLD DAVID REIDINGER