Preview
Filing # 20592124 Electronically Filed 11/14/2014 03:03:32 PM
IN THE 17™ CIRCUIT COURT OF THE
JUDICIAL CIRCUIT IN AND FOR
BROWARD COUNTY, FLORIDA
CASE NO.: 11-011936 (09)
DESTINY WIERZBA, a minor, by
and through her guardian and
next friend, TINA WIERZBA;
and TINA WIERZBA, individually,
Plaintiffs,
vs.
FORD MOTOR COMPANY; KEYSTONE
AUTOMOTIVE INDUSTRIES, INC.;
ALL-WAYS TOWING & STORAGE, INC.;
INDUSTRIES, INC.; STAFFLINK
OUTSOURCING, INC, and ERIC J. HERR,
Defendants.
EEE Eee
MOTION TO SHORTEN TIME
COME NOW the Plaintiffs, DESTINY WIERZBA, a minor, by and through
her guardian and next friend, TINA WIERZBA, Individually, by and through
undersigned counsel and hereby files the within Motion to Shorten Time, and
as grounds would state as follows:
1. Depositions of four of Defendant, Ford’s employees are
scheduled for deposition, duces tecum, on December 16 and 17, 2014, as
well as on January 30, 2015. Said notices are attached hereto as Exhibit
SAM,
** FILED: BROWARD COUNTY, FL HOWARD FORMAN, CLERK 11/14/2014 3:03:32 PM.****CASE NO.: 11-011936 (09)
2. On November 3, 2014, Plaintiffs served their Fourth Request to
Produce upon Defendant, Ford. (Said request is attached hereto as Exhibit
“B’). A response is due on or before December 8, 2014.
3. On November 3, 2014, Plaintiffs’ served Supplemental
Interrogatories upon Defendant, Ford. (Said Interrogatories are attached
hereto as Exhibit “C”). A response is due on or before December 8,
2014.
4. The Request for Production and the Supplemental Interrogatories
ask for documents to be produced and questions to be answered that will
assist Plaintiffs’ counsel in their preparation of the upcoming individual
depositions of Ford employees.
5. Defendant, Ford’s counsel has objected vis-a-vis a letter dated
November 13, 2014 to produce the documents at the deposition (Exhibit
“p”) and Defendant, Ford has taken the possession that because the
individual witnesses are not “parties to the lawsuit”, albeit agents and/or
employees of Ford, they will not have custody or control of the documents
described in the duces tecum portion of Plaintiffs’ Notice of Taking
Deposition Duces Tecum.
6. Plaintiffs’ counsel shall be traveling to Detroit to take said
weCASE NO.: 11-011936 (09)
depositions, some of which are court ordered (See Exhibit “E” - - The Court
denied Defendant’s Motion for Protective Order and Granted Plaintiffs’ Motion
to Compel the Depositions).
7. It would be unduly prejudicial and burdensome if Ford does not
produce the documents before the taking of the depositions.
WHEREFORE, for the foregoing reasons, Plaintiffs, DESTINY WIERZBA,
a minor, by and through her guardian and next friend, TINA WIERZBA,
Individually respectfully request this Honorable Court to enter an Order
shortening the time within which Defendant, Ford is to Respond to the
Request to Produce, Respond to the Supplemental! Interrogatories and
produce the documents requested.
CERTIFICATE OF SERVICE
furnished via E-Service to: SEE ATTACHED SERVICE LIST, on this
I HEREBY CERTIFY that a true and correct copy of the foregoin s
day of November, 2014.
MALOVE HENRATTY, P.A.
Attorneys for Plaintiff
14 Rose Drive
Fort Lauderdale, FL 33316
Telephone: (954) 767-1000
servemalovehenratty @malovelawfirm.com
By: nl « j eee
EPHEN L. MALOVE
Fla. Bar No. 305553DESTINY WIERZBA, a minor, by and through her guardian and next
friend, TINA WIERZBA; and TINA WIERZBA, Individually v. FORD
MOTOR COMPANY, et al.
CASE NO.: 2011-CA-011936
COUNSEL FOR KEYSTONE AUTOMOTIVE INDUSTRIES, INC.
Russell F. Bergin, Esq.
Russell F. Bergin, P.A.
698 West Highway 50
Clermont, FL 34711-2921
(352) 394-5888
(352) 394-8558 fax
ESERVICE: russ@berginlaw.com and jhornyak@berginlaw.com
COUNSEL FOR HERR AND ALL-WAYS TOWING
Christopher T. Corkran, Esq.
Ross H. Zelnick, Esq.
Conroy, Simberg, et al.
3440 Hollywood Boulevard, Second Floor
Hollywood, Florida 33021
(954) 961-1400
(954) 967-8577 fax
Patti Ramos, Paralegal/Donna Jarke, Secretary
SERVICE: ccorkran@conroysimberg.com;
eservicehwd@conroysimberg.com; kohalloran@conroysimberg.com;
teason@conroysimberg.com and pramos@conroysimberg.com
COUNSEL FOR FORD
Sarah A. Long, Esq. and
Francis M. McDonald, Jr., Esq.
McDonald Toole Wiggins, P.A.
P.O. Box 4924
Orlando, Florida, 32802-4924
111 .N, Magnolia Avenue
Suite 1200
Orlando, FL 32801
(407) 246-1800
(407) 838-4042 DIRECT DIAL TO SARAH A. LONG.
(407) 246-1895 fax
SERVICE ADDRESS: fmcdonald@mtwlegal.com; e.service@mtwiegal.com;
Jbasile@mtwiegal.com; crigby@mtwlegal.com; and slong@mtwlegal.com19634118 Electronically Filed 16/21/2014 02:45
CWARE
ENC.
nor, By
COMPANY
INDUS)
OUTSO
PLAINTIFF'S NOTICE OF TAKING DEPOSITION DUCES TECUM
that the umdersignec
aicin
Reame: BOB ARMITAGE
Bate & Tire: December 16, 2014 @ 10:00 2
Location: Westin - Detroit Metropolitan Airport
2501 Worle Gateway Piece
Detroit, MI 48242
(734) 942-6500
ion WH
or for sucn
PLAINTIFF'S
i EXHIBITFTAKING DEPOSITION DUCES TE
taking the
Name: BOB ARMITAGE
December 16, 2024 @ 10:00 a.m
Westin — Detroit Metropolitan Airport
2501 World Gateway Place
Detroit, MI 48242
(734) 342-6500
NIVERSAL
c DY iaw Co %
continue from
sucn otner purRav
“ attached herDESTINY WIERZBA, 2 minor, by and through her guardian and next
friend, TENA WIERZBA; and TINA WIERZBA, Individually v. FORD
MOTOR COMPANY, et al.
CASE NG.: 2011-CA-012936
COUNSEL FOR KEYSTONE AUTOMOTIVE INDUSTRIES
Christo pher :
Ross H, Zeinick, eso.
Conroy, Simbe
3440 Holl eee Bou ih
Kaliya, Floria
G.com; anc
pconrovsimbera.com
COUNSEL FOR FORD |
Saran a 09,
Fran ane
Box 4924,
Orlando, Florida, 32802-4924
LLiN. Magnolia Avenue
Suite 1200
Oriana FLSCHEDUL
COMMARL
the place
ss, including. But
emoranda, communicath ms, mailiararmns,
” tkeohone conv . diaries,
summarigs
of inve
Any ang
in which
for
r ic,o
20,008 GVWR wa
Cirec
6& sample of &
Boplicabie to tne s
ADI
reiating toFiling # 19634118 Electionically Filed 10/21
ALL-WA)
INDUSTRIES, INC.;
OUTSOURCING,
Defendants.
PLAINTIFF’s NOTICE OF TAKING DEPOSITION DUCES TECUM
that the undersigned attorneys will be taking the
Name: LARRY DUPUIS
Date & Time: December 16, 2014 @ 2:00 p.m.
Location: Westin — Detroit Metropolitan Airport
2501 Worid Gateway Place
Detroit, MI 48242
(734) 942-6500
any
authorized by law tc take depositions in the State of
n will continue from day to day until completed and for
ese or for such other purposes as are permitted under theDo YY WI
and through
next friend,
TINA |
and TINA WIERZ
Plaintiffs,
VS.
OF THE
| Individual ly,
PLAENTIFE’s NOTICE
NOTICE
lowing:
Name:
Date & Time:
Location:
Upon
ather Notary Public or officer authorized by law to take depositions in the State of
€ orale
oral axamination
xamination will continue fi
L de bene ese or for such other purposes as are permitted under the
OF TAKING DEPOSITION DUCES TECUM
fa
os
@
ot
ct
he undersigned attorneys will be taking the
LARRY DUPUIS
December 16, 2014 @ 2:00 p.m.
Westin — Detroit Metropolitan Airport
2501 World Gateway Piace
Detroit, MI 48242
(734) 942-6500
before UNIVERSAL COURT REPORTING or any
rom day to day untit com ec and forhas been subpoenaed to have with them at said place and
time, the follov ving. See schedule “A” attached herete.
CERTIFICATE OF SERVICE
anc correct copy of tne foregoin
HED SERVICE LIST, on this
MALOVE HENRATTY,
ae ae for Plaintiff
14 Rose Drive
Fort LauderdaDESTINY WIERZBA, a minor, by and through her guardian and next
friend, TINA WIERZBA; and TINA WIERZBA, Individually v. FORD
MOTOR COMPANY, et af.
CASE NO.: 20L1-CA-O11936
COUNSEL FOR KEYSTONE AUTOMOTIVE INDUSTRIES, ENC,
Rus i
698 West Highway 50
Clermont, FL 34
3 Fax
>@berginiaw.com and jhornvak@berginiaw.com
COUNSEL FOR HERR AND ALL-WAYS TOWING
Christopher T. Corkran, Esc.
Ross H. Zelnick, Esq.
Conroy, Simberg, et al.
3440 Hollywood Boulevard,
Hollywood, Florida 33022
e
“
Francis M. McDonald, Jr 1,
McDonald Toole Wiggins, P.A.SCHEDULE “4”
Dup
Dupe
y $ 1S HEREBY COMMANDED to appear before a person authorized by
jaw to take depositions at the place and time listed above for the taking of their
gepasition in the above-stvied cause and to have with them at that time and piace
any and all documents, IN HARD AND NON-ELECTRONIC FORM, evidencing the
foliowing:
vehicle”
>
or “vehicle” refers to the 2005 Ford F550, VIN #
34,
which is invoived in the above-styled cause
“DOCUMENT” means any written, printed, typed. recorded, or other graphic matter
of any kind or nature (including origina! ano alf dissimilar copies}, as well as al!
mechanical and electrical sound records and any transcripts thereof, in
custody, possession or control, or to which you have or otherwise can
including, bi not limited te, letters, corresponden electro;
memoranda, communications, telegrams, maligrams, summiaries and/or records of
personal or telephone conversations, diaries, calendars, tape recordings, reports,
records, summaries and/or recoras of canferences, minutes, reports and/or
summaries of investigations, reports and/or summaries of interviews, opinions or
reports of consukants, reports and/or summaries of negatiations, brochures,
pamphlets, advertisemen circulars, trade letters, press releases, drafts of any
cocuments, revision or drafts of any document, original or preliminary
corporate minutes, meeting minutes, meeting agendas, photographs, and al! othe:
documents as defined herein,
ae Any and all documents in the possession of Ford and/or its subsidiaries
in which safety aspects concerning vision requirements, including
indirect and direct vision standards, pertaining to the P-131 piatform
utilized by venicies offered for sale in the United States was discussed,
2. Any and ali document
in which the apoplicabilit
to vehicies offered for saie in the United States utilizing the P-
piatform that are over 10,000 GVWR was discussed
z Any anc all documents in the possession of Ford and/or its subsidiaries
in which the applicability of Ford’s direct and indirect vision standards
to vehicles offered for sale in the United States utilizing the P-131
Diatform that are not over 10,000 GVWR was discussed.
4, Any and all documents in the possession of Ford and/or its subsidiaries
supporting Ford's Gecision not to apply, test, ar analyze Ford’s direct or
indirect vision standards for Ford vehicles offered for sale in the United
States utilizing the P-i31 platform that are over 10,000 GVWR.
wv
Any and all documents in the possession of Ford and
supporting Ford's decision not to propound direct
standards applicable to Ford vehicles offer for sale in the Unite
idiaries
vision
Statespe
Ne
te
utilizing the P-i
& copy of For
Indirect Field of
| Require
10500-01307
copy of the Ford
FMVSS Stancard No. 11D, "TR:
View -
A
C
py of the F
ROT-C10902
Requirement titled “Driver
Line of Sight te Mirror,”
14302.
iD:
A sample of
Re pian and report (DVP&R)
applicable to © t vehic cle for the following Ford standart
a) A inocular Vision
b) Driver Field of View
Driver's Indirect Field of View
if said DvPERs are unavailable for the subject
sampie DV P&Rs applicable to said standards an
F-series Super Duty for which the dbove standard:
All diac ents and/or lists that name and describe all safety standar:
relating to driver vision requirements applicable to the subj
ie, Tne safety stancards should include all Ford standards as weal
ndards propounded by other agencies and/or entities that Ford
must meet witn re j
A copy of your uptronically Filed 10/21/2014 02:45:07 PM
IN THE 17 CIRCUIT COURT OF THE
JUDICIAL CIRCUIT IN AND FOR
BROWARD COUNTY, FL¢
BA, & minor, by
y her guardian anc
end, TINA WIERZBA;
FORD MOTOR COMPANY; KEYSTONE
AUTOMOTIVE INDUSTRIES, INC.:
ALL-WAYS TOWING
INDUST
OUTSOURC
TORAGE, INC.;
INC.; STAFFLINK
NG, INC, and ERIC J. HERR,
Defendants.
PLAINTIFF'S NOTICE OF TAKING DEPOSITION DUCES TECUM
PLE: TAKE NOTICE
ceposition of the following:
at the undersigned attorneys wil! be taking the
Rame: PETER KALERGIS
Bate & Time: December 17, 2014 @ 10:00 a.m.
Location: Westin - Detroit Metropolitan Airport
2501 Worid Gateway Place
Detroit, MI 48242
(734) 942-6500
Upon oral examination before UNTVERSAL COURT REPORTING or any
other Notary Public or o: authorized by law to take depositions in the State of
Fioride. The oral examin: 1 will continue from day to day until completed and for
use at trial, de bene ese or for such other purposes as are permitted under the
Rules.IN THE 17™ CIRCUIT COURT OF THE
JUDICIAL CIRCUIT IN AND FOR
D COUNTY ORIDA
NY WI
anc through her guardian and
next friend, TINA WIERZBA;
and TINA WIERZBA, individually,
Plaintiffs,
FORD MOTOR COMPANY;
AUTOMOTIVE INDUST
ALL-WAYS TOWING &
INDUSTRIES, INC.; ST I
OUTSOURCING, INC. and ERIC J, HERR,
PLAINTIFF'S NOTICE OF TAKING DEPOSITION DUCES TECUM
PLEASE TAKE NOTICE that the undersigned attorneys will be taking th
deposition of the following
Name: PETER KALERGIS
Date & Time: December 17, 2014 @ 10:00 a.m.
Location: Westin — Detroit Metropalitan Airport
2501 World Gateway Place
Detroit, MI 48242
(734) 942-6500
on Defore UNIVERSAL COURT REPORTING or any
authorized by law to take depositions in the State of
on will continue from day to day until completed and for
€ or for such other purposes as are permitted under the
: oral exam
trial, de beneeponent has been subpoenaed to have wit
liowing: See schedule “A” attached hereto.
thern at sald place and
CERTIFICATE OF SERVECE
rué and correct copy of the foregoing was
ATTACHED SERVICE LIST, on this 2 dey of
MALOVE HENRATTY, FLA,
Attorneys for Piai
i4 Rose Drive
Fort Lauderdale
Telephone:DESTINY WIERZBA, 2 minor, by and through her guardian and next
friend, TINA WIERZBA: and TINA WIERZBA, Individually v. FORD
MOTOR COMPANY, et al.
CASE NO.: 2021-CA-011936
ones FOR KEYSTONE AUTOMOTIVE INDUSTRIES, INC.
52 eee fax
ESERVICE: russ@berginiaw.com and jhornva
hadehtedeied ii HERR AND ALL-WAYS TOWING
Christ g
Ross H. Zelnic K
Conroy, Simberg, et al.
3440 Hollywood Bouievar
Hollywoos, Florida 33022
(954) 961-1400
(954) 987-8577 fax
Patti Ramos, Paralegai/Donna Jarke, Secretary
ran@conroysimberg.com:
conroysimberg.¢: Horan@conroysimbera.com: and
conroysimberg.com
Sarah A. |
Francis M, }
McDonald
p oO. Box
Orlando, Florida, 32802-4924
Magnolia Avenue
N.
2
(407) 246-180
(407) 838- 4042 DIRECT DIAL TO SARAH A. LONG,
(407) 246-1895 fax
medonald@mtwiegal.com: es:
» criaby@mtwiegal.com: and
ervice@mtwiegdal.com;
slong@mtwiega!.comCHEDULE “A”
Peter Kalergis IS HEREBY COMMANDED to eppear before a person authorized by
jaw to take depositions at the place and time listed above for the zak ng of their
deposition in the above-styled cause and to have with them at that time and pi
any and ali documents, IN HARD AND NON-ELECTRONIC FORA A, evidencing the
Following:
vehicle” or “vehicle” refers toe the 2005 Ford F-
F the above-stvied cause
50, VINO #
“DOCUMENT” means any written, printec’, tvped, recorded, or other hic matter
of any kind or nature (including original and al! dissimiia copies}, as wel! as aff
mechanical and electrical sound records and any transcripts thereof in your
custody, possession or control, or to which you nave or otherwise can obtain
cess, inciuding, but not limited to, fetters, cori spondence, electror mail,
memoranaa, communications, telegrams, mailigrams, summaries and/or records of
personal or telephone convers diaries, cajendars, tape recordings, reports,
records, summaries and/or records of conferences, minutes, rep and/or
summaries of investigations, reports and/or summaries of interviews, opinions or
reports of consultants, reports and/or summaries of negotiations, brochures,
pamphlets, advertisements, circulars, trade letters, p releases, drafts of anv
gocuments, revision or arafis ef ahy document, origina/ or preliminary notes,
corporate minutes, meeting minutes,.mesting agendas, photographs, and alf other
documents as defined herein,
af Any and decuments in the possession of Ford and/or its subsi
in which saf aspects concerning vision requirements, inc
vision standards, pertaining to the P-131 pi.
offerec far saie in the United States was discussed,
2. Any and all documents in the possession of Ford and/or its subsidiari
In which the applicability of Fora‘s direct and indirect vision standards
to vehicles offered for sale in the United States utilizing the P-131
platform that are over 10,000 GVWR was discussed,
3. Any and documents in the possession of Ford and/or its subsidiaries
in which the applicability of Ford’s direct and indirect vision standards
to offered for saie in the United States utilizing the P-131
platform that are not over 10,000 GVWR was discussed.
4. Any anc al documents in the possession of Ford and/or its subsidiaries
supporting Ford’s decision not to apply, test, or analyze Ford’s direct or
uaut
we
be
Ww
an
platform that are over 10,000 GVWR.
Any and all documents in the possession of Ford and/or its subsidiaries
supporting Ford’s decision mot to propound direct or i t
standards applicable to Ford vehicies offer for sale in tt
| the P-i31 pletforrn that are over 16,000 GVWR.
A copy of Ford’s Worldwide Design Standard titled: “Driver's Direct anc
Indirect Fieid of View.”
py of the Ford Requirement titied “Ta
y, ID: ROT-010500-013071,
A copy of the Ford Requir
RQT-C1C50C-013068,
4 copy of the Ford Requirement titied “Indirect Field of View - FAC
(FMVSS Standard Na }," ID: RQF-010902-014294,
Line of Sight to Mirror,”
A sample of Ford desian verification plan and report (DVP&
applicable to the subject venicle for the foliowing Ford standards:
a) A-Pillar Binocular Vision
B) Driver's Direct Field of View
c) Driver's Indirect Field of View
if said OVP&Rs are unavailable for the subject vehicle, please bring
sample DVP&Rs applicable to said standards and/or DVP&Rs for a 20
F-series Super Duty for which the above standards apply.
All documents and/or lists that name and describe all safety standards
reiating to driver vision requirements that are applicable to the subject
vehicie. The safety standards should include all Ford standards as wel
as Standards propounded by other agencies and/or entities that Ford
must meet with respect to the subject vehicle.
A copy of your up-to-date Curriculum Vitae,Filing # 20162845 Electronically Filed 11/04/2014 10:59:27 AM
CASE NG. 1
Fi ) MOTOR COMP.
AUTOMOTE
L-WAYS TOY
NDUSTRIES, INC.;
BUCES TECUM
ye will be taking the
Name: Todd Fronckewiak
Date & Time: January 3G, 2015 ® 00 a.m,
Location: Westin ~ Detrait Metropaiitan Airport
2501 World Gateway Place
Detreit, MI 48242
(734) 942-6508suopoer with th
: See schedule “4” attached herete.
u
E OF SER
crue @Ng correct copy of the f
TTACHED SERVICE LIST
NovemELECTRONIC FORK
GP COT
ana/or
opinions or
brocnures
invest
revision
22
2 OG
2
i, Any and all deo
im which
hs,16,000 GVWR,
VeEniclDESTINY WIERZBA, a minor, by and through her guardian and next
riend, TINA WIERZBA; and TINA WIERZBA, Individually v. FORD
MOTOR COMPANY, et al.
CASE NCG.: 2021-CA-O11936
ONE AUTOMOTIVE INDUSTRIES, INC.
ic
cond FioorFiling # 20123206 Electronically Filed 11/03/2014 02:18:30 PM.
IN THE 17™ CIRCULF-GOURT OF THE
JUDICIAL CIRCUIT IN AND
BROWARD COUNTY, FLOR
CASE NO.: 11-011936 (09)
DESTINY WIERZBA, @ minor, by
and through her guardian and
next fri INA WIERZBA;
anc TINA WIERZBA, individually,
laintiffs ,
TOR COMPANY; KEYSTONE
INDUSTRIES, INC.;
WING & STORAGE, INC.;
INC.; STAFFLINK
OUTSOURCING, INC.; and ERIC 3. HERR,
Defendanis.
eee
PLAINTIFFS’ FOURTH REQUEST FOR PRODUCTION TO
DEFENBANT, FORD MOTOR COMPANY
Plaintiffs, DESTINY WIERZBA, a minor, by and through her guardian and next
friend, TINA WIERZBA; and TINA WIERZBA individually, by and through their
unaersigned attorneys, request the Defendant, FORD MOTOR COMPANY, to produce
the following:
REQUESTS FOR PRODUCTION
Duration for the following requests, unless otherwise noted, spans the length
of time pertaining to the design, analysis, and manufacture of the Ford P-131 platform
utilized by the 2005 Ford F-550,
“DOCUMENT” means any written, printed, typed, recorded, or other graphic
matter of any kind or nature (including original and all dissimilar copies), as well as alf
mechanical and electrical sound records and any transcripts thereof, in your custody,
possession or control, or to which you have or otherwise can obtain access, including,
eer ieto, letters, correspondence, electronic mail, memoranda,
communications, telegrams, mailgrams, summaries and/or records of personal or
conversations, diaries, calendars, tape recordings, reports, records,
and/or records of canferences, minutes, reports and/or summaries of
Is, reports and/or summaries of interviews, opinions or reports of
consultants, reports and/of summaries of negotiations, brochures, pamphlets,
advertisements, circulars, trade letters, press releases, drafts of any documents,
revision or drafts of any document, original or preliminary notes, corporate minutes,
meeting minutes, meeting agendas, photographs, and ali other documents as defined
herein.
1. Produce any and all documents in the possession of Ford and/or its
subsidiaries in which safety aspects concerning vision requirements,
including indirect and direct vision. standards, pertaining to the P-131
platform utilized by vehicles offered for sale in the United States was
discussed,
2, Produce any and all documents in the possession of Ford and/or its
subsidiaries in which the applicability of Ford’s direct and indirect vision
standards to vehicles offered for sale in the United States utilizing the P-
131 piatform that are over 10,000 GVWR was discussed.
w
Produce any and all documents in the possession of Ford and/or its
subsidiaries in which the applicability of Ford’s direct and indirect vision
standards to vehicles offered for sale in the United States utilizing the P-
131 platform that are not over 10,000 GVWR was discussed.
4, Produce any and all documents in the possession of Ford and/or its
subsidiaries supporting Ford’s decision not to apply, test, or analyze
Ford’s direct or indirect vision standards for Ford vehicles offered for sale
in the United States utilizing the P-131 platform that are over 10,000
GVWR,
5. Produce any and all documents in the possession of Ford and/or its
subsidiaries supporting Ford’s decision not to propound direct or indirect
vision standards applicable to Ford vehicles offer for sale in the United
States. utilizing the P-131 platform that are over 10,000 GVWR,
boCERTIFICATE OF SERVICE
HEREBY CERTIFY that @ true and correct copy of the foregoing was furnished
i ng Portal System to: SEE ATTACHED SERVICE LIST, on this 3 day of
October, 2024.
NOE
MALOVE HENRATTY, PA.
Attorneys for Plaintiff
14 Rose Drive
Fort Lauderdale, FL 33316
Telephone: (954) 767-1000
Facsimile: (954) 767-1001
servemalove enratty@malovelawfirm.com
By: 7
¢# STEPHEN L. MALOVE
Fla. Bar No, 305553DESTINY WIERZBA, a minor, by and through her guardian and next
friend, TINA WIERZBA; and TINA WIERZBA, Individually v. FORD
MOTOR COMPANY, et al.
CASE NO.: 2011-CA-011936
COUNSEL FOR KEYSTONE AUTOMOTIVE INDUSTRIES, INC.
Russell F. Bergin, Esq.
Russell F. Bergin, P.A.
698 West Highway 50
Clermont, FL 34711-2921
(352) 394-5888
(352) 394-8558 fax
ESERVICE: russ@berginlaw.com and jhornyak@berginlaw.com
COUNSEL FOR HERR AND ALL-WAYS TOWING
Christopher T. Corkran, Esq.
Ross H. Zelnick, Esq.
Conroy, Simberg, et al.
3440 Hollywood Boulevard, Second Floor
Hollywood, Florida 33021
(954) 961-1400
(954) 967-8577 fax
Patti Ramos, Paralegal/Donna Jarke, Secretary
SERVICE: ccorkran@conroysimberg.com;
eservicehwd@conroysimberg.com; kohalloran@conroysimberg.com; and
pramos@conroysimberg.com
COUNSEL FOR FORD
Sarah A. Long, Esq. and
Francis M. McDonald, Jr., Esq.
McDonaid Toole Wiggins, P.A.
P.O. Box 4924
Orlando, Florida, 32802-4924
111 .N. Magnolia Avenue
Suite 1200
Orlando, FL 32801
(407) 246-1800
(407) 838-4042 DIRECT DIAL TO SARAH A. LONG.
(407) 246-1895 fax
SERVICE ADDRESS: fmedonald@mtwlegal.com; e.service@mtwlegal.com;
Jbasile@mtwiegal.com; crigby@mtwlegal.com; and slong@mtwlegal.comFiling # 20123206 Electronically Filed 1/03/2014 02:18:30 PM
IN THE 17™ CIRCUIT COURT,OF THE™
JUDICIAL CIRCUIT IN AND FOR**
BROWARD COUNTY, FLORIDA
CASE NO.; 11-011936 (09)
DESTINY WIERZBA, a minor, by
and through her guardian and
next friend, TINA WIERZBA;
and TINA WIERZBA, individually,
Plaintiffs,
vs.
FORD MOTOR COMPANY; KEYSTONE
AUTOMOTIVE INDUSTRIES, INC.;
ALL-WAYS TOWING & STORAGE, INC.;
INDUSTRIES, INC.; STAFFLINK
OUTSOURCING, INC.; and ERIC J, HERR,
Defendants.
a esd:
PLAINTIFF’S SUPPLEMENTAL INTERROGATORIES
TO DEFENDANT, FORD MOTOR COMPANY
The Plaintiffs, DESTINY WIERZBA, a minor, by and through her guardian
and next friend, TINA WIERZBA; and TINA WIERZBA, by and through their
undersigned attorneys, propound the attached Supplemental Interrogatories to
the Defendant, FORD MOTOR COMPANY, to be answered under oath in
accordance with Florida Rule of Civil Procedure 1.340.
PLAINTIFF'S.
1 EXHIBIT
! i)CERTIFICATE OF SERVICE
1 HEREBY CERTIFY that a true and correct copy of the foregoing was
furnished via E-Filing Portal System to: SEE ATTACHED SERVICE LIST, on
this 4 —day of October, 2014.
At Nov.
MALOVE HENRATTY, P.A,
Attorneys for Plaintiff
14 Rose Drive
Fort Lauderdale, FL 33316
Telephone: (954) 767-1000
Facsimile: (954) 767-1001
By,
tephen L. Malove
Fla. Bar No, 305553
eyDESTINY WIERZBA, a minor, by and through her guardian and next
friend, TINA WIERZBA; and TINA WIERZBA, Individually v. FORD
MOTOR COMPANY, et al.
CASE NO.: 2011-CA-011936
COUNSEL FOR KEYSTONE AUTOMOTIVE INDUSTRIES, INC.
Russell F, Bergin, Esq.
Russell F. Bergin, P.A.
698 West Highway 50
Clermont, FL 34711-2921
(352) 394-5888
(352) 394-8558 fax
ESERVICE: russ@berginiaw.com and jhornvak@berginiaw.com
COUNSEL FOR HERR AND ALL-WAYS TOWING
Christopher T. Corkran, Esq.
Ross H. Zelnick, Esq.
Conroy, Simberg, et al.
3440 Hollywood Boulevard, Second Floor
Hollywood, Florida 33021
(954) 961-1400
(954) 967-8577 fax
Patti Ramos, Paralegal/Donna Jarke, Secretary
SERVICE: ccorkran@conroysimberg.com;
eservicenwd@conroysimberg.com; kohalloran@conroysimberg.com; and
pramos
s@conroysimberg.com
COUNSEL FOR FORD
Sarah A. Long, Esq, and
Francis M. McDonald, Jr., Esq.
McDonald Toole Wiggins, P.A.
P.O. Box 4924
Orlando, Florida, 32802-4924
111 .N. Magnolia Avenue
Suite 1200
Orlando, FL 32801
(407) 246-1800
(407) 838-4042 DIRECT DIAL TO SARAH A, LONG.
(407) 246-1895 fax
SERVICE ADDRESS: fmedonald@mtwlegal.com; e.service@mtwlegal.com;
Jbasile@mtwiegal.com; crigby@mtwlegal.com; and slong@mtwliegal.comDEFENDANT, FORD MOTOR COMPANY
List and describe all vehicles, including model year, designed
and/or manufactured by Ford Motor Company, including submodels
of each vehicle, that were offered for sale in the United States and
that utilize Ford’s P-131 platform and for which Ford’s indirect and
direct vision standards were applied, tested, and/or analyzed.
List and describe all vehicles, including model year, designed
and/or manufactured by Ford Motor Company, including submodels
of each vehicle, that were offered for sale in the United States and
that utilize Ford’s P-131 platform and for which Ford’s indirect and
direct vision standards were not applied, tested, and/or analyzed.
List and describe all 2005 model year vehicles designed and/or
manufactured by Ford Motor Company, including submodels of
each vehicle, that were offered for sale in the United States and for
which Ford’s indirect and direct vision standards were applied,
tested, and/or analyzed.
List and describe all 2005 model year vehicles designed and/or
manufactured by Ford Motor Company, including submodels of
each vehicle, that were offered for sale in the United States and for
which Ford’s indirect and direct vision standards were not applied,
tested, and/or analyzed.
List the names and contact information for any and all Ford
employees involved in Ford’s decision not to apply Ford’s direct and
indirect vision standards to Ford vehicles offered for sale in the
United States utilizing the P-131 platform that are over 10,000
GVWR.STATE OF FLORIDA)
)
COUNTY OF )
On this day personally appeared before me
who is personally known to me or has shown me the following
identification en5 , who after being duly
sworn under oath, avers and says that he/she has read the foregoing
Answers to Interrogatories and that they are true and correct to the best of
his/her personal knowledge.
Sworn to and subscribed before me this day of
2014.
Notary Public, State of Florida at Large
Printed Name:
My commission expires:__MCDONALD TOOLE WIGGINS, FA,
Arrokngys at LAW
Francis M. McDonaid, Jr.
Direct Dial: (407) 838-4052
Email: fmedonald@mtwiegal.com
November 13, 2014
VIA ELECTRONIC MAIL ONLY
Stephen L. Malove
Malove Henratty, P.A.
14 Rose Drive
Fort Lauderdale, FL 33316
Re: Wierzha v. Ford Motor Company, et al.
Our File No.: FOO8-10127
Dear Steve
We are in receipt of Plaintiffs Notices of Deposition Duces Tecum for the four Ford
employees scheduled for deposition on December 16 and 17, 2014 and January 30, 2015. These
individuals are not parties to the lawsuit and do not have custody or control of the documents
described in the Schedule A attached to each notice; therefore, the deponents cannot bring any
documents to their depositions, with the exception of a Curriculum Vitae, if the deponent in fact
has one.
Considering you served Plaintiff's 4th Request to Produce on November 3, 2104 asking
for items 1-5 listed in the Schedule A, [ assume you are aware that the individuals will not have
possession of the Schedule A documents. If you require the deponents and/or Ford to file a more
formal objection related to the duces tecum requests rather than this letter, please let me know.
On a related note, Schedule A items 6 through 10 have already been produced to you
during discovery in this case.
Very truly yours,
McDonald Toole Wiggins, P.A.
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PLAINTIFF'S
HAN: EXHIBIT Lanbo. FL 32801, | 407.246.1800 | www.MTWLEGAL.comLn
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GWEC? b Q IN THE CIRCUIT COURT OF THE.
JUDICIAL CIRCUIT, INAND FOR __B criceere col
COUNTY, FLORIDA
Case No.:
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DONE AND ORDERED in Chambers, at Abe atin i County, Florida
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PLAINTIFF'S
EXHIBIT
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JOHN T. LUZZO
OCT 13 204
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Preview
Filing # 20592124 Electronically Filed 11/14/2014 03:03:32 PM IN THE 17™ CIRCUIT COURT OF THE JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CASE NO.: 11-011936 (09) DESTINY WIERZBA, a minor, by and through her guardian and next friend, TINA WIERZBA; and TINA WIERZBA, individually, Plaintiffs, vs. FORD MOTOR COMPANY; KEYSTONE AUTOMOTIVE INDUSTRIES, INC.; ALL-WAYS TOWING & STORAGE, INC.; INDUSTRIES, INC.; STAFFLINK OUTSOURCING, INC, and ERIC J. HERR, Defendants. EEE Eee MOTION TO SHORTEN TIME COME NOW the Plaintiffs, DESTINY WIERZBA, a minor, by and through her guardian and next friend, TINA WIERZBA, Individually, by and through undersigned counsel and hereby files the within Motion to Shorten Time, and as grounds would state as follows: 1. Depositions of four of Defendant, Ford’s employees are scheduled for deposition, duces tecum, on December 16 and 17, 2014, as well as on January 30, 2015. Said notices are attached hereto as Exhibit SAM, ** FILED: BROWARD COUNTY, FL HOWARD FORMAN, CLERK 11/14/2014 3:03:32 PM.****CASE NO.: 11-011936 (09) 2. On November 3, 2014, Plaintiffs served their Fourth Request to Produce upon Defendant, Ford. (Said request is attached hereto as Exhibit “B’). A response is due on or before December 8, 2014. 3. On November 3, 2014, Plaintiffs’ served Supplemental Interrogatories upon Defendant, Ford. (Said Interrogatories are attached hereto as Exhibit “C”). A response is due on or before December 8, 2014. 4. The Request for Production and the Supplemental Interrogatories ask for documents to be produced and questions to be answered that will assist Plaintiffs’ counsel in their preparation of the upcoming individual depositions of Ford employees. 5. Defendant, Ford’s counsel has objected vis-a-vis a letter dated November 13, 2014 to produce the documents at the deposition (Exhibit “p”) and Defendant, Ford has taken the possession that because the individual witnesses are not “parties to the lawsuit”, albeit agents and/or employees of Ford, they will not have custody or control of the documents described in the duces tecum portion of Plaintiffs’ Notice of Taking Deposition Duces Tecum. 6. Plaintiffs’ counsel shall be traveling to Detroit to take said weCASE NO.: 11-011936 (09) depositions, some of which are court ordered (See Exhibit “E” - - The Court denied Defendant’s Motion for Protective Order and Granted Plaintiffs’ Motion to Compel the Depositions). 7. It would be unduly prejudicial and burdensome if Ford does not produce the documents before the taking of the depositions. WHEREFORE, for the foregoing reasons, Plaintiffs, DESTINY WIERZBA, a minor, by and through her guardian and next friend, TINA WIERZBA, Individually respectfully request this Honorable Court to enter an Order shortening the time within which Defendant, Ford is to Respond to the Request to Produce, Respond to the Supplemental! Interrogatories and produce the documents requested. CERTIFICATE OF SERVICE furnished via E-Service to: SEE ATTACHED SERVICE LIST, on this I HEREBY CERTIFY that a true and correct copy of the foregoin s day of November, 2014. MALOVE HENRATTY, P.A. Attorneys for Plaintiff 14 Rose Drive Fort Lauderdale, FL 33316 Telephone: (954) 767-1000 servemalovehenratty @malovelawfirm.com By: nl « j eee EPHEN L. MALOVE Fla. Bar No. 305553DESTINY WIERZBA, a minor, by and through her guardian and next friend, TINA WIERZBA; and TINA WIERZBA, Individually v. FORD MOTOR COMPANY, et al. CASE NO.: 2011-CA-011936 COUNSEL FOR KEYSTONE AUTOMOTIVE INDUSTRIES, INC. Russell F. Bergin, Esq. Russell F. Bergin, P.A. 698 West Highway 50 Clermont, FL 34711-2921 (352) 394-5888 (352) 394-8558 fax ESERVICE: russ@berginlaw.com and jhornyak@berginlaw.com COUNSEL FOR HERR AND ALL-WAYS TOWING Christopher T. Corkran, Esq. Ross H. Zelnick, Esq. Conroy, Simberg, et al. 3440 Hollywood Boulevard, Second Floor Hollywood, Florida 33021 (954) 961-1400 (954) 967-8577 fax Patti Ramos, Paralegal/Donna Jarke, Secretary SERVICE: ccorkran@conroysimberg.com; eservicehwd@conroysimberg.com; kohalloran@conroysimberg.com; teason@conroysimberg.com and pramos@conroysimberg.com COUNSEL FOR FORD Sarah A. Long, Esq. and Francis M. McDonald, Jr., Esq. McDonald Toole Wiggins, P.A. P.O. Box 4924 Orlando, Florida, 32802-4924 111 .N, Magnolia Avenue Suite 1200 Orlando, FL 32801 (407) 246-1800 (407) 838-4042 DIRECT DIAL TO SARAH A. LONG. (407) 246-1895 fax SERVICE ADDRESS: fmcdonald@mtwlegal.com; e.service@mtwiegal.com; Jbasile@mtwiegal.com; crigby@mtwlegal.com; and slong@mtwlegal.com19634118 Electronically Filed 16/21/2014 02:45 CWARE ENC. nor, By COMPANY INDUS) OUTSO PLAINTIFF'S NOTICE OF TAKING DEPOSITION DUCES TECUM that the umdersignec aicin Reame: BOB ARMITAGE Bate & Tire: December 16, 2014 @ 10:00 2 Location: Westin - Detroit Metropolitan Airport 2501 Worle Gateway Piece Detroit, MI 48242 (734) 942-6500 ion WH or for sucn PLAINTIFF'S i EXHIBITFTAKING DEPOSITION DUCES TE taking the Name: BOB ARMITAGE December 16, 2024 @ 10:00 a.m Westin — Detroit Metropolitan Airport 2501 World Gateway Place Detroit, MI 48242 (734) 342-6500 NIVERSAL c DY iaw Co % continue from sucn otner purRav “ attached herDESTINY WIERZBA, 2 minor, by and through her guardian and next friend, TENA WIERZBA; and TINA WIERZBA, Individually v. FORD MOTOR COMPANY, et al. CASE NG.: 2011-CA-012936 COUNSEL FOR KEYSTONE AUTOMOTIVE INDUSTRIES Christo pher : Ross H, Zeinick, eso. Conroy, Simbe 3440 Holl eee Bou ih Kaliya, Floria G.com; anc pconrovsimbera.com COUNSEL FOR FORD | Saran a 09, Fran ane Box 4924, Orlando, Florida, 32802-4924 LLiN. Magnolia Avenue Suite 1200 Oriana FLSCHEDUL COMMARL the place ss, including. But emoranda, communicath ms, mailiararmns, ” tkeohone conv . diaries, summarigs of inve Any ang in which for r ic,o 20,008 GVWR wa Cirec 6& sample of & Boplicabie to tne s ADI reiating toFiling # 19634118 Electionically Filed 10/21 ALL-WA) INDUSTRIES, INC.; OUTSOURCING, Defendants. PLAINTIFF’s NOTICE OF TAKING DEPOSITION DUCES TECUM that the undersigned attorneys will be taking the Name: LARRY DUPUIS Date & Time: December 16, 2014 @ 2:00 p.m. Location: Westin — Detroit Metropolitan Airport 2501 Worid Gateway Place Detroit, MI 48242 (734) 942-6500 any authorized by law tc take depositions in the State of n will continue from day to day until completed and for ese or for such other purposes as are permitted under theDo YY WI and through next friend, TINA | and TINA WIERZ Plaintiffs, VS. OF THE | Individual ly, PLAENTIFE’s NOTICE NOTICE lowing: Name: Date & Time: Location: Upon ather Notary Public or officer authorized by law to take depositions in the State of € orale oral axamination xamination will continue fi L de bene ese or for such other purposes as are permitted under the OF TAKING DEPOSITION DUCES TECUM fa os @ ot ct he undersigned attorneys will be taking the LARRY DUPUIS December 16, 2014 @ 2:00 p.m. Westin — Detroit Metropolitan Airport 2501 World Gateway Piace Detroit, MI 48242 (734) 942-6500 before UNIVERSAL COURT REPORTING or any rom day to day untit com ec and forhas been subpoenaed to have with them at said place and time, the follov ving. See schedule “A” attached herete. CERTIFICATE OF SERVICE anc correct copy of tne foregoin HED SERVICE LIST, on this MALOVE HENRATTY, ae ae for Plaintiff 14 Rose Drive Fort LauderdaDESTINY WIERZBA, a minor, by and through her guardian and next friend, TINA WIERZBA; and TINA WIERZBA, Individually v. FORD MOTOR COMPANY, et af. CASE NO.: 20L1-CA-O11936 COUNSEL FOR KEYSTONE AUTOMOTIVE INDUSTRIES, ENC, Rus i 698 West Highway 50 Clermont, FL 34 3 Fax >@berginiaw.com and jhornvak@berginiaw.com COUNSEL FOR HERR AND ALL-WAYS TOWING Christopher T. Corkran, Esc. Ross H. Zelnick, Esq. Conroy, Simberg, et al. 3440 Hollywood Boulevard, Hollywood, Florida 33022 e “ Francis M. McDonald, Jr 1, McDonald Toole Wiggins, P.A.SCHEDULE “4” Dup Dupe y $ 1S HEREBY COMMANDED to appear before a person authorized by jaw to take depositions at the place and time listed above for the taking of their gepasition in the above-stvied cause and to have with them at that time and piace any and all documents, IN HARD AND NON-ELECTRONIC FORM, evidencing the foliowing: vehicle” > or “vehicle” refers to the 2005 Ford F550, VIN # 34, which is invoived in the above-styled cause “DOCUMENT” means any written, printed, typed. recorded, or other graphic matter of any kind or nature (including origina! ano alf dissimilar copies}, as well as al! mechanical and electrical sound records and any transcripts thereof, in custody, possession or control, or to which you have or otherwise can including, bi not limited te, letters, corresponden electro; memoranda, communications, telegrams, maligrams, summiaries and/or records of personal or telephone conversations, diaries, calendars, tape recordings, reports, records, summaries and/or recoras of canferences, minutes, reports and/or summaries of investigations, reports and/or summaries of interviews, opinions or reports of consukants, reports and/or summaries of negatiations, brochures, pamphlets, advertisemen circulars, trade letters, press releases, drafts of any cocuments, revision or drafts of any document, original or preliminary corporate minutes, meeting minutes, meeting agendas, photographs, and al! othe: documents as defined herein, ae Any and all documents in the possession of Ford and/or its subsidiaries in which safety aspects concerning vision requirements, including indirect and direct vision standards, pertaining to the P-131 piatform utilized by venicies offered for sale in the United States was discussed, 2. Any and ali document in which the apoplicabilit to vehicies offered for saie in the United States utilizing the P- piatform that are over 10,000 GVWR was discussed z Any anc all documents in the possession of Ford and/or its subsidiaries in which the applicability of Ford’s direct and indirect vision standards to vehicles offered for sale in the United States utilizing the P-131 Diatform that are not over 10,000 GVWR was discussed. 4, Any and all documents in the possession of Ford and/or its subsidiaries supporting Ford's Gecision not to apply, test, ar analyze Ford’s direct or indirect vision standards for Ford vehicles offered for sale in the United States utilizing the P-i31 platform that are over 10,000 GVWR. wv Any and all documents in the possession of Ford and supporting Ford's decision not to propound direct standards applicable to Ford vehicles offer for sale in the Unite idiaries vision Statespe Ne te utilizing the P-i & copy of For Indirect Field of | Require 10500-01307 copy of the Ford FMVSS Stancard No. 11D, "TR: View - A C py of the F ROT-C10902 Requirement titled “Driver Line of Sight te Mirror,” 14302. iD: A sample of Re pian and report (DVP&R) applicable to © t vehic cle for the following Ford standart a) A inocular Vision b) Driver Field of View Driver's Indirect Field of View if said DvPERs are unavailable for the subject sampie DV P&Rs applicable to said standards an F-series Super Duty for which the dbove standard: All diac ents and/or lists that name and describe all safety standar: relating to driver vision requirements applicable to the subj ie, Tne safety stancards should include all Ford standards as weal ndards propounded by other agencies and/or entities that Ford must meet witn re j A copy of your uptronically Filed 10/21/2014 02:45:07 PM IN THE 17 CIRCUIT COURT OF THE JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FL¢ BA, & minor, by y her guardian anc end, TINA WIERZBA; FORD MOTOR COMPANY; KEYSTONE AUTOMOTIVE INDUSTRIES, INC.: ALL-WAYS TOWING INDUST OUTSOURC TORAGE, INC.; INC.; STAFFLINK NG, INC, and ERIC J. HERR, Defendants. PLAINTIFF'S NOTICE OF TAKING DEPOSITION DUCES TECUM PLE: TAKE NOTICE ceposition of the following: at the undersigned attorneys wil! be taking the Rame: PETER KALERGIS Bate & Time: December 17, 2014 @ 10:00 a.m. Location: Westin - Detroit Metropolitan Airport 2501 Worid Gateway Place Detroit, MI 48242 (734) 942-6500 Upon oral examination before UNTVERSAL COURT REPORTING or any other Notary Public or o: authorized by law to take depositions in the State of Fioride. The oral examin: 1 will continue from day to day until completed and for use at trial, de bene ese or for such other purposes as are permitted under the Rules.IN THE 17™ CIRCUIT COURT OF THE JUDICIAL CIRCUIT IN AND FOR D COUNTY ORIDA NY WI anc through her guardian and next friend, TINA WIERZBA; and TINA WIERZBA, individually, Plaintiffs, FORD MOTOR COMPANY; AUTOMOTIVE INDUST ALL-WAYS TOWING & INDUSTRIES, INC.; ST I OUTSOURCING, INC. and ERIC J, HERR, PLAINTIFF'S NOTICE OF TAKING DEPOSITION DUCES TECUM PLEASE TAKE NOTICE that the undersigned attorneys will be taking th deposition of the following Name: PETER KALERGIS Date & Time: December 17, 2014 @ 10:00 a.m. Location: Westin — Detroit Metropalitan Airport 2501 World Gateway Place Detroit, MI 48242 (734) 942-6500 on Defore UNIVERSAL COURT REPORTING or any authorized by law to take depositions in the State of on will continue from day to day until completed and for € or for such other purposes as are permitted under the : oral exam trial, de beneeponent has been subpoenaed to have wit liowing: See schedule “A” attached hereto. thern at sald place and CERTIFICATE OF SERVECE rué and correct copy of the foregoing was ATTACHED SERVICE LIST, on this 2 dey of MALOVE HENRATTY, FLA, Attorneys for Piai i4 Rose Drive Fort Lauderdale Telephone:DESTINY WIERZBA, 2 minor, by and through her guardian and next friend, TINA WIERZBA: and TINA WIERZBA, Individually v. FORD MOTOR COMPANY, et al. CASE NO.: 2021-CA-011936 ones FOR KEYSTONE AUTOMOTIVE INDUSTRIES, INC. 52 eee fax ESERVICE: russ@berginiaw.com and jhornva hadehtedeied ii HERR AND ALL-WAYS TOWING Christ g Ross H. Zelnic K Conroy, Simberg, et al. 3440 Hollywood Bouievar Hollywoos, Florida 33022 (954) 961-1400 (954) 987-8577 fax Patti Ramos, Paralegai/Donna Jarke, Secretary ran@conroysimberg.com: conroysimberg.¢: Horan@conroysimbera.com: and conroysimberg.com Sarah A. | Francis M, } McDonald p oO. Box Orlando, Florida, 32802-4924 Magnolia Avenue N. 2 (407) 246-180 (407) 838- 4042 DIRECT DIAL TO SARAH A. LONG, (407) 246-1895 fax medonald@mtwiegal.com: es: » criaby@mtwiegal.com: and ervice@mtwiegdal.com; slong@mtwiega!.comCHEDULE “A” Peter Kalergis IS HEREBY COMMANDED to eppear before a person authorized by jaw to take depositions at the place and time listed above for the zak ng of their deposition in the above-styled cause and to have with them at that time and pi any and ali documents, IN HARD AND NON-ELECTRONIC FORA A, evidencing the Following: vehicle” or “vehicle” refers toe the 2005 Ford F- F the above-stvied cause 50, VINO # “DOCUMENT” means any written, printec’, tvped, recorded, or other hic matter of any kind or nature (including original and al! dissimiia copies}, as wel! as aff mechanical and electrical sound records and any transcripts thereof in your custody, possession or control, or to which you nave or otherwise can obtain cess, inciuding, but not limited to, fetters, cori spondence, electror mail, memoranaa, communications, telegrams, mailigrams, summaries and/or records of personal or telephone convers diaries, cajendars, tape recordings, reports, records, summaries and/or records of conferences, minutes, rep and/or summaries of investigations, reports and/or summaries of interviews, opinions or reports of consultants, reports and/or summaries of negotiations, brochures, pamphlets, advertisements, circulars, trade letters, p releases, drafts of anv gocuments, revision or arafis ef ahy document, origina/ or preliminary notes, corporate minutes, meeting minutes,.mesting agendas, photographs, and alf other documents as defined herein, af Any and decuments in the possession of Ford and/or its subsi in which saf aspects concerning vision requirements, inc vision standards, pertaining to the P-131 pi. offerec far saie in the United States was discussed, 2. Any and all documents in the possession of Ford and/or its subsidiari In which the applicability of Fora‘s direct and indirect vision standards to vehicles offered for sale in the United States utilizing the P-131 platform that are over 10,000 GVWR was discussed, 3. Any and documents in the possession of Ford and/or its subsidiaries in which the applicability of Ford’s direct and indirect vision standards to offered for saie in the United States utilizing the P-131 platform that are not over 10,000 GVWR was discussed. 4. Any anc al documents in the possession of Ford and/or its subsidiaries supporting Ford’s decision not to apply, test, or analyze Ford’s direct or uaut we be Ww an platform that are over 10,000 GVWR. Any and all documents in the possession of Ford and/or its subsidiaries supporting Ford’s decision mot to propound direct or i t standards applicable to Ford vehicies offer for sale in tt | the P-i31 pletforrn that are over 16,000 GVWR. A copy of Ford’s Worldwide Design Standard titled: “Driver's Direct anc Indirect Fieid of View.” py of the Ford Requirement titied “Ta y, ID: ROT-010500-013071, A copy of the Ford Requir RQT-C1C50C-013068, 4 copy of the Ford Requirement titied “Indirect Field of View - FAC (FMVSS Standard Na }," ID: RQF-010902-014294, Line of Sight to Mirror,” A sample of Ford desian verification plan and report (DVP& applicable to the subject venicle for the foliowing Ford standards: a) A-Pillar Binocular Vision B) Driver's Direct Field of View c) Driver's Indirect Field of View if said OVP&Rs are unavailable for the subject vehicle, please bring sample DVP&Rs applicable to said standards and/or DVP&Rs for a 20 F-series Super Duty for which the above standards apply. All documents and/or lists that name and describe all safety standards reiating to driver vision requirements that are applicable to the subject vehicie. The safety standards should include all Ford standards as wel as Standards propounded by other agencies and/or entities that Ford must meet with respect to the subject vehicle. A copy of your up-to-date Curriculum Vitae,Filing # 20162845 Electronically Filed 11/04/2014 10:59:27 AM CASE NG. 1 Fi ) MOTOR COMP. AUTOMOTE L-WAYS TOY NDUSTRIES, INC.; BUCES TECUM ye will be taking the Name: Todd Fronckewiak Date & Time: January 3G, 2015 ® 00 a.m, Location: Westin ~ Detrait Metropaiitan Airport 2501 World Gateway Place Detreit, MI 48242 (734) 942-6508suopoer with th : See schedule “4” attached herete. u E OF SER crue @Ng correct copy of the f TTACHED SERVICE LIST NovemELECTRONIC FORK GP COT ana/or opinions or brocnures invest revision 22 2 OG 2 i, Any and all deo im which hs,16,000 GVWR, VeEniclDESTINY WIERZBA, a minor, by and through her guardian and next riend, TINA WIERZBA; and TINA WIERZBA, Individually v. FORD MOTOR COMPANY, et al. CASE NCG.: 2021-CA-O11936 ONE AUTOMOTIVE INDUSTRIES, INC. ic cond FioorFiling # 20123206 Electronically Filed 11/03/2014 02:18:30 PM. IN THE 17™ CIRCULF-GOURT OF THE JUDICIAL CIRCUIT IN AND BROWARD COUNTY, FLOR CASE NO.: 11-011936 (09) DESTINY WIERZBA, @ minor, by and through her guardian and next fri INA WIERZBA; anc TINA WIERZBA, individually, laintiffs , TOR COMPANY; KEYSTONE INDUSTRIES, INC.; WING & STORAGE, INC.; INC.; STAFFLINK OUTSOURCING, INC.; and ERIC 3. HERR, Defendanis. eee PLAINTIFFS’ FOURTH REQUEST FOR PRODUCTION TO DEFENBANT, FORD MOTOR COMPANY Plaintiffs, DESTINY WIERZBA, a minor, by and through her guardian and next friend, TINA WIERZBA; and TINA WIERZBA individually, by and through their unaersigned attorneys, request the Defendant, FORD MOTOR COMPANY, to produce the following: REQUESTS FOR PRODUCTION Duration for the following requests, unless otherwise noted, spans the length of time pertaining to the design, analysis, and manufacture of the Ford P-131 platform utilized by the 2005 Ford F-550, “DOCUMENT” means any written, printed, typed, recorded, or other graphic matter of any kind or nature (including original and all dissimilar copies), as well as alf mechanical and electrical sound records and any transcripts thereof, in your custody, possession or control, or to which you have or otherwise can obtain access, including, eer ieto, letters, correspondence, electronic mail, memoranda, communications, telegrams, mailgrams, summaries and/or records of personal or conversations, diaries, calendars, tape recordings, reports, records, and/or records of canferences, minutes, reports and/or summaries of Is, reports and/or summaries of interviews, opinions or reports of consultants, reports and/of summaries of negotiations, brochures, pamphlets, advertisements, circulars, trade letters, press releases, drafts of any documents, revision or drafts of any document, original or preliminary notes, corporate minutes, meeting minutes, meeting agendas, photographs, and ali other documents as defined herein. 1. Produce any and all documents in the possession of Ford and/or its subsidiaries in which safety aspects concerning vision requirements, including indirect and direct vision. standards, pertaining to the P-131 platform utilized by vehicles offered for sale in the United States was discussed, 2, Produce any and all documents in the possession of Ford and/or its subsidiaries in which the applicability of Ford’s direct and indirect vision standards to vehicles offered for sale in the United States utilizing the P- 131 piatform that are over 10,000 GVWR was discussed. w Produce any and all documents in the possession of Ford and/or its subsidiaries in which the applicability of Ford’s direct and indirect vision standards to vehicles offered for sale in the United States utilizing the P- 131 platform that are not over 10,000 GVWR was discussed. 4, Produce any and all documents in the possession of Ford and/or its subsidiaries supporting Ford’s decision not to apply, test, or analyze Ford’s direct or indirect vision standards for Ford vehicles offered for sale in the United States utilizing the P-131 platform that are over 10,000 GVWR, 5. Produce any and all documents in the possession of Ford and/or its subsidiaries supporting Ford’s decision not to propound direct or indirect vision standards applicable to Ford vehicles offer for sale in the United States. utilizing the P-131 platform that are over 10,000 GVWR, boCERTIFICATE OF SERVICE HEREBY CERTIFY that @ true and correct copy of the foregoing was furnished i ng Portal System to: SEE ATTACHED SERVICE LIST, on this 3 day of October, 2024. NOE MALOVE HENRATTY, PA. Attorneys for Plaintiff 14 Rose Drive Fort Lauderdale, FL 33316 Telephone: (954) 767-1000 Facsimile: (954) 767-1001 servemalove enratty@malovelawfirm.com By: 7 ¢# STEPHEN L. MALOVE Fla. Bar No, 305553DESTINY WIERZBA, a minor, by and through her guardian and next friend, TINA WIERZBA; and TINA WIERZBA, Individually v. FORD MOTOR COMPANY, et al. CASE NO.: 2011-CA-011936 COUNSEL FOR KEYSTONE AUTOMOTIVE INDUSTRIES, INC. Russell F. Bergin, Esq. Russell F. Bergin, P.A. 698 West Highway 50 Clermont, FL 34711-2921 (352) 394-5888 (352) 394-8558 fax ESERVICE: russ@berginlaw.com and jhornyak@berginlaw.com COUNSEL FOR HERR AND ALL-WAYS TOWING Christopher T. Corkran, Esq. Ross H. Zelnick, Esq. Conroy, Simberg, et al. 3440 Hollywood Boulevard, Second Floor Hollywood, Florida 33021 (954) 961-1400 (954) 967-8577 fax Patti Ramos, Paralegal/Donna Jarke, Secretary SERVICE: ccorkran@conroysimberg.com; eservicehwd@conroysimberg.com; kohalloran@conroysimberg.com; and pramos@conroysimberg.com COUNSEL FOR FORD Sarah A. Long, Esq. and Francis M. McDonald, Jr., Esq. McDonaid Toole Wiggins, P.A. P.O. Box 4924 Orlando, Florida, 32802-4924 111 .N. Magnolia Avenue Suite 1200 Orlando, FL 32801 (407) 246-1800 (407) 838-4042 DIRECT DIAL TO SARAH A. LONG. (407) 246-1895 fax SERVICE ADDRESS: fmedonald@mtwlegal.com; e.service@mtwlegal.com; Jbasile@mtwiegal.com; crigby@mtwlegal.com; and slong@mtwlegal.comFiling # 20123206 Electronically Filed 1/03/2014 02:18:30 PM IN THE 17™ CIRCUIT COURT,OF THE™ JUDICIAL CIRCUIT IN AND FOR** BROWARD COUNTY, FLORIDA CASE NO.; 11-011936 (09) DESTINY WIERZBA, a minor, by and through her guardian and next friend, TINA WIERZBA; and TINA WIERZBA, individually, Plaintiffs, vs. FORD MOTOR COMPANY; KEYSTONE AUTOMOTIVE INDUSTRIES, INC.; ALL-WAYS TOWING & STORAGE, INC.; INDUSTRIES, INC.; STAFFLINK OUTSOURCING, INC.; and ERIC J, HERR, Defendants. a esd: PLAINTIFF’S SUPPLEMENTAL INTERROGATORIES TO DEFENDANT, FORD MOTOR COMPANY The Plaintiffs, DESTINY WIERZBA, a minor, by and through her guardian and next friend, TINA WIERZBA; and TINA WIERZBA, by and through their undersigned attorneys, propound the attached Supplemental Interrogatories to the Defendant, FORD MOTOR COMPANY, to be answered under oath in accordance with Florida Rule of Civil Procedure 1.340. PLAINTIFF'S. 1 EXHIBIT ! i)CERTIFICATE OF SERVICE 1 HEREBY CERTIFY that a true and correct copy of the foregoing was furnished via E-Filing Portal System to: SEE ATTACHED SERVICE LIST, on this 4 —day of October, 2014. At Nov. MALOVE HENRATTY, P.A, Attorneys for Plaintiff 14 Rose Drive Fort Lauderdale, FL 33316 Telephone: (954) 767-1000 Facsimile: (954) 767-1001 By, tephen L. Malove Fla. Bar No, 305553 eyDESTINY WIERZBA, a minor, by and through her guardian and next friend, TINA WIERZBA; and TINA WIERZBA, Individually v. FORD MOTOR COMPANY, et al. CASE NO.: 2011-CA-011936 COUNSEL FOR KEYSTONE AUTOMOTIVE INDUSTRIES, INC. Russell F, Bergin, Esq. Russell F. Bergin, P.A. 698 West Highway 50 Clermont, FL 34711-2921 (352) 394-5888 (352) 394-8558 fax ESERVICE: russ@berginiaw.com and jhornvak@berginiaw.com COUNSEL FOR HERR AND ALL-WAYS TOWING Christopher T. Corkran, Esq. Ross H. Zelnick, Esq. Conroy, Simberg, et al. 3440 Hollywood Boulevard, Second Floor Hollywood, Florida 33021 (954) 961-1400 (954) 967-8577 fax Patti Ramos, Paralegal/Donna Jarke, Secretary SERVICE: ccorkran@conroysimberg.com; eservicenwd@conroysimberg.com; kohalloran@conroysimberg.com; and pramos s@conroysimberg.com COUNSEL FOR FORD Sarah A. Long, Esq, and Francis M. McDonald, Jr., Esq. McDonald Toole Wiggins, P.A. P.O. Box 4924 Orlando, Florida, 32802-4924 111 .N. Magnolia Avenue Suite 1200 Orlando, FL 32801 (407) 246-1800 (407) 838-4042 DIRECT DIAL TO SARAH A, LONG. (407) 246-1895 fax SERVICE ADDRESS: fmedonald@mtwlegal.com; e.service@mtwlegal.com; Jbasile@mtwiegal.com; crigby@mtwlegal.com; and slong@mtwliegal.comDEFENDANT, FORD MOTOR COMPANY List and describe all vehicles, including model year, designed and/or manufactured by Ford Motor Company, including submodels of each vehicle, that were offered for sale in the United States and that utilize Ford’s P-131 platform and for which Ford’s indirect and direct vision standards were applied, tested, and/or analyzed. List and describe all vehicles, including model year, designed and/or manufactured by Ford Motor Company, including submodels of each vehicle, that were offered for sale in the United States and that utilize Ford’s P-131 platform and for which Ford’s indirect and direct vision standards were not applied, tested, and/or analyzed. List and describe all 2005 model year vehicles designed and/or manufactured by Ford Motor Company, including submodels of each vehicle, that were offered for sale in the United States and for which Ford’s indirect and direct vision standards were applied, tested, and/or analyzed. List and describe all 2005 model year vehicles designed and/or manufactured by Ford Motor Company, including submodels of each vehicle, that were offered for sale in the United States and for which Ford’s indirect and direct vision standards were not applied, tested, and/or analyzed. List the names and contact information for any and all Ford employees involved in Ford’s decision not to apply Ford’s direct and indirect vision standards to Ford vehicles offered for sale in the United States utilizing the P-131 platform that are over 10,000 GVWR.STATE OF FLORIDA) ) COUNTY OF ) On this day personally appeared before me who is personally known to me or has shown me the following identification en5 , who after being duly sworn under oath, avers and says that he/she has read the foregoing Answers to Interrogatories and that they are true and correct to the best of his/her personal knowledge. Sworn to and subscribed before me this day of 2014. Notary Public, State of Florida at Large Printed Name: My commission expires:__MCDONALD TOOLE WIGGINS, FA, Arrokngys at LAW Francis M. McDonaid, Jr. Direct Dial: (407) 838-4052 Email: fmedonald@mtwiegal.com November 13, 2014 VIA ELECTRONIC MAIL ONLY Stephen L. Malove Malove Henratty, P.A. 14 Rose Drive Fort Lauderdale, FL 33316 Re: Wierzha v. Ford Motor Company, et al. Our File No.: FOO8-10127 Dear Steve We are in receipt of Plaintiffs Notices of Deposition Duces Tecum for the four Ford employees scheduled for deposition on December 16 and 17, 2014 and January 30, 2015. These individuals are not parties to the lawsuit and do not have custody or control of the documents described in the Schedule A attached to each notice; therefore, the deponents cannot bring any documents to their depositions, with the exception of a Curriculum Vitae, if the deponent in fact has one. Considering you served Plaintiff's 4th Request to Produce on November 3, 2104 asking for items 1-5 listed in the Schedule A, [ assume you are aware that the individuals will not have possession of the Schedule A documents. If you require the deponents and/or Ford to file a more formal objection related to the duces tecum requests rather than this letter, please let me know. On a related note, Schedule A items 6 through 10 have already been produced to you during discovery in this case. Very truly yours, McDonald Toole Wiggins, P.A. cf MQ SS \ praneis M. MceVonatd, Jt. FMM/sal PLAINTIFF'S HAN: EXHIBIT Lanbo. FL 32801, | 407.246.1800 | www.MTWLEGAL.comLn Wiecz | A et GWEC? b Q IN THE CIRCUIT COURT OF THE. JUDICIAL CIRCUIT, INAND FOR __B criceere col COUNTY, FLORIDA Case No.: ORDER Plants F£s fhe ton hey , a. Comp } Dspe sition 5 THIS CAUSE having come on to be heard on this _ / 7 day of fict ob hae Cc LO Lf ,on inf Bordon ion to Compe! the hope tions o€ Zartof FeancKowral? ancl Peter Ka fot s and the Court having considered the record, having heard counsel, and being otherwise advised in the Premises, it is hereupon ORDERED AND ADJUDGED that said Motion be, and the same is hereby si ma . GRANTED Lehrmd nme Bool s GIO Kinesis Buch Fran hep vad om de vr denied « DONE AND ORDERED in Chambers, at Abe atin i County, Florida peg creer Cet. ‘ Loy 7 cm ge reuit Judge PLAINTIFF'S EXHIBIT this Copies furnished: § / f. ZL GF wo Mere 1 Adon lece. 4 { f¥). Corcent : JOHN T. LUZZO OCT 13 204 A TRUE COPY Te\reorder-Circuit Court Motion Order forms call Graftek 800/848-2992