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FILED
DALLAS COUNTY
7/21/2015 7:48:10 PM
FELICIA PITRE
DISTRICT CLERK
CAUSE NO. DC-14-13012
IHDE INVESTMENTS LP § IN THE DISTRICT COURT
§
Plaintiffs, §
§
v. § DALLAS COUNTY, TEXAS
§
COVENTURES LC, d/b/a §
GOCOPTER LC, DANIEL L. §
CLAASSEN, KENT CLAASSEN, §
TROY MITCHELL, CHIEF §
FINANCIAL OFFICER AND §
STEFAN LAUER, §
§
Defendants. § 14th JUDICIAL DISTRICT
PLAINTIFF’S FIRST AMENDED RESPONSES TO DEFENDANTS’
REQUEST FOR DISCLOSURE AND EXPERT DESIGNATIONS
TO: Defendants, by and through their attorneys of record, Christopher Cade Adams and Kerry
A. Adams, JACKSON ADAMS, PC, 6310 Lemmon Avenue, Suite 222, Dallas, Texas 75209.
Ihde Investments LP, (hereinafter referred to as AIhde@ or APlaintiff@), under TEX. R. CIV.
P. 194 and the February 19, 2015 Uniform Scheduling Order (Level 3) respectfully submits its
First Amended Responses to Defendants’ Request for Disclosure and Expert Designations.
Respectfully submitted,
/s/Kent C. Krause
Kent C. Krause
State Bar No. 11714600
kkrause@cdklawfirm.com
Jessica I. Hardy
State Bar No. 24076902
jhardy@cdklawfirm.com
CRADDOCK DAVIS & KRAUSE LLP
3100 Monticello Avenue, Suite 550
Dallas, Texas 75205-3442
214-750-3550
214-750-3551 (fax)
ATTORNEYS FOR PLAINTIFF
IHDE INVESTMENTS LP
PLAINTIFF’S FIRST AMENDED RESPONSES TO DEFENDANTS’
REQUEST FOR DISCLOSURE AND EXPERT DESIGNATIONS Page 1
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the above and foregoing document has been
forwarded to all other counsel of record in accordance with the Texas Rules of Civil Procedure,
on this 21st day of July, 2015.
/s/Kent C. Krause
Kent C. Krause
PLAINTIFF’S FIRST AMENDED RESPONSES TO DEFENDANTS’
REQUEST FOR DISCLOSURE AND EXPERT DESIGNATIONS Page 2
RESPONSE TO REQUESTS FOR DISCLOSURE AND EXPERT DESIGNATIONS
REQUEST NO. 194.2(a):
The correct names of the parties to the lawsuit.
RESPONSE: Ihde is named correctly. Ihde has no information regarding the correctness of the
names of other parties.
REQUEST NO. 194.2(b):
The name, address and telephone number of any potential parties.
RESPONSE:
KILLAHOG LLC
4565 Clair Chennault Street,
Addison, Texas 75001-5322
(877) 783-5629
JOHN DOE, owner of land on which accident occurred.
REQUEST NO. 194.2(c):
The legal theories and, in general, the factual basis of the responding party=s claims or
defenses (the responding party need not marshal all evidence that may be offered at trial).
RESPONSE: See Ihde’s pleadings on file herein for its claims and contentions. Generally, Ihde
is the owner of the Aircraft that is the subject of this lawsuit. On December 28, 2012, Ihde, as
Lessor, entered into an aircraft dry lease agreement (the “Agreement”) with CoVentures LC
(“CoVentures”) as Lessee. Under the terms of the Agreement, the Aircraft was to be operated by
CoVentures LC in accordance with all FAA rules and regulations including, but not limited to,
FAA Part 91 and Part 135, and in compliance with any and all other applicable laws. During the
lease period, CoVentures was required to: (1) obtain and maintain an all risk hull coverage
insurance policy; (2) remain in exclusive operational control of the Aircraft; (3) operate the
Aircraft using duly qualified pilots employed by CoVentures who meet the requirements of the
insurance policy applicable to the Aircraft; (4) file all reports as may be necessary or appropriate
with respect to such operations; and (5) comply with all of Lessee’s obligations with respect to the
operation of the Aircraft.
On February 14, 2014, Lauer, a pilot employed by CoVentures, flew the Aircraft to the
Bonham, Texas area for a hog hunting excursion with two or more passengers. Lauer took off in
windy conditions and low fuel. Two passengers were fare-paying third parties. Flying in windy
conditions, combined with improper loading of the Aircraft, Lauer lost control of the Aircraft and
it crashed on its right side, resulting in substantial damage to the Aircraft.
PLAINTIFF’S FIRST AMENDED RESPONSES TO DEFENDANTS’
REQUEST FOR DISCLOSURE AND EXPERT DESIGNATIONS Page 3
At the time of the crash, Lauer was flying the Aircraft within the course and scope of his
employment with CoVentures or the other individual defendants, or otherwise with the permission
of CoVentures or the other individual defendants. The acts and omissions complained of herein
were committed while D. Claassen, K. Claassen, Mitchell and Lauer were acting within the course
and scope of their employment in that the actions and/or omissions were within the employees’
general authority, in furtherance of CoVentures business, and for the accomplishment of the object
for which the employees and/or agents were hired.
Lauer was flying the Aircraft as a charter aircraft under Part 135 of the Federal Aviation
Regulations, and therefore owed a duty to operate the Aircraft in a high degree of care.
As a direct and proximate result of Lauer’s negligence and CoVentures’ or the other
individual defendants’ negligent entrustment of the Aircraft to Lauer, Plaintiff sustained damages
resulting from the substantial damage to the Aircraft.
Defendant CoVentures was negligent in its operation, maintenance, recordkeeping,
loading, and insuring the Aircraft, in failing to take precautions to prevent damage and injuries to
Plaintiff and others; in negligently entrusting the Aircraft to Lauer; and in failing to ensure that the
Aircraft would obey air traffic control signals and signs. CoVentures was further negligent in its
hiring, supervision, training and/or retaining of the pilot, Lauer. Further, CoVentures breached the
Agreement with Plaintiff by failing to procure and maintain proper insurance for the Aircraft, using
the Aircraft for improper purposes and by operating the Aircraft in an unsafe manner.
Defendant Lauer was negligent in loading and operation of the Aircraft and in failing to
abide by applicable safety standards, rules and regulations.
Defendants D. Claassen, K. Claassen and Mitchell, as officers and managers of
CoVentures, LC, were negligent in their operation, maintenance, record keeping and insuring of
the Aircraft, and in failing to abide by applicable safety standards, rules and regulations. Further,
CoVentures LC is the Alter Ego of Defendants D. Claassen, K. Claassen and Mitchell, which they
used as a sham to perpetuate actual fraud for their direct personal benefit and therefore are
personally liable for the acts and/or omissions of CoVentures under the doctrine of Vicarious
Liability.
Defendants D. Claassen and Mitchell made negligent misrepresentations to Plaintiff
regarding the insurance for, and use of, the Aircraft while in the course and scope of their business
and/or in a transaction in which they had a pecuniary interest and on which Plaintiff justifiably
relied. Further, D. Claassen and Mitchell knowingly, or recklessly with a positive assertion and
without knowledge of their truth, made material fraudulent misrepresentations to Plaintiff, with
the intention that Plaintiff would rely on the representations made, that they would procure
adequate insurance coverage in accordance with the terms of the Agreement and regarding their
use of the Aircraft.
REQUEST NO. 194.2(d):
The amount and method of calculating economic damages.
PLAINTIFF’S FIRST AMENDED RESPONSES TO DEFENDANTS’
REQUEST FOR DISCLOSURE AND EXPERT DESIGNATIONS Page 4
RESPONSE: As a direct result of the Defendants’ actions, Ihde has sustained damages in excess
of $405,902.33. A breakdown of these damages follows:
Damages – Repair of the Aircraft
Cost of Repairs: $358,847.00
Cost to Ship Aircraft back from RHC: $ 2,329.64
Policy Deductible $ 20,076.00
Sales Tax $ 27,569.00
Less Insurance Proceeds Received: - $141,987.60
$266,834.08
Damages – Loss of Use
Ihde suffered damages for loss of use of the Aircraft. Loss of use is calculated at $305.08/hr
multiplied by an estimated 400 hrs of use left from the time of crash (at 1775 hrs) until the
manufacturer required refurbishment (at 2175 hrs – see Agreement) minus 50% of the annual
policy premium ($9,513) pro-rated to the month of March until December, 2014. The resulting loss
of use damages total:
400 hrs ($305.08/hr) $122,032.00
Less 50% of pro-rated proceeds (($9,513/2)/12) x 10 -$ 3,963.75
$118,068.25
Damages - Attorneys’ Fees
Ihde seeks attorneys’ fees, which are ongoing. Ihde is entitled to attorneys’ fees under
Texas Civil Practice and Remedies Code Chapter 38 and alternatively under Paragraph 8.1 of the
Agreement. Ihde’s attorneys’ fees and expenses through June 2015 are approximately $21,000.
Total Damages
Costs Associated with Repair $266,834.08
Loss of Use $118,068.25
Legal Expenses $ 21,000.00
$405,902.33
Plaintiff will supplement additional attorneys’ fees and costs of court that subsequently
accrue at time of trial.
REQUEST NO. 194.2(e):
The name, address and telephone number of persons having knowledge of relevant facts,
and a brief statement of each identified person=s connection with the case;
PLAINTIFF’S FIRST AMENDED RESPONSES TO DEFENDANTS’
REQUEST FOR DISCLOSURE AND EXPERT DESIGNATIONS Page 5
RESPONSE:
Justin Schilder
34110 159th Street
Faulkton, SD 57438
(605) 216-5323
Passenger of the Aircraft at the time of the crash.
John Maciejewski
(605) 848-8799
Passenger on the Aircraft at the time of the crash.
Glenn Ihde MD
Ihde Investments LP
c/o Kent Krause
Craddock Davis & Krause LP
3100 Monticello Avenue, Ste 550
Dallas, TX 75205
(214) 750-3550
Dr. Ihde is a principal of the owner of the Aircraft that is the subject of this lawsuit and a FAA
licensed helicopter pilot. He has knowledge regarding the Aircraft Dry Lease Agreement entered
into with CoVentures LC and will testify as to the terms of that Agreement, the proper operation
of the helicopter, and the resulting damages from Defendants’ actions causing damage to the
aircraft.
CoVentures LC
Daniel L. Claassen – Owner/Operator
Kent Claassen – Owner/Operator
Troy Mitchell – Officer/Owner
Stefan Lauer - Pilot
c/o C. Cade Adams
Jackson Adams, PC
6310 Lemmon Avenue, Ste. 222
Dallas, TX 75209
Defendants
Oscar Escobedo
FAA Inspector
Principal Maintenance Inspector
NTX FSDO
North Texas FSDO
8700 Freeport Parkway, Suite 225
Irving, Texas 75063
214-277-8547
Performed investigation of the cause of the crash and finding that the pilot caused the crash and
damage to the Aircraft during the course and scope of his employment.
PLAINTIFF’S FIRST AMENDED RESPONSES TO DEFENDANTS’
REQUEST FOR DISCLOSURE AND EXPERT DESIGNATIONS Page 6
Tom Latson
NTSB Investigator
400 L’Enfant Plaza East, S.W.
Washington, D.C. 20594
281-488-5876
Performed investigation of the cause of the crash and finding that the pilot caused the crash and
damage to the Aircraft during the course and scope of his employment.
Agents, Employees and Representatives of
Robinson Helicopter Co. (RHC)
Lucinda Montague, Supervisor
2901 Airport Drive
Torrance, California 90505
310-539-0508
Performance evaluation, estimation and completion of repair work to Aircraft.
REQUEST NO. 194.2(f):
For any testifying expert:
(1) the expert=s name, address and telephone number;
(2) the subject matter on which the expert will testify;
(3) the general substance of the expert=s mental impressions and opinions and a brief
summary of the basis for them, or if the expert is not retained by, employed by, or
otherwise subject to the control of the responding party, documents reflecting such
information;
(4) if the expert is retained by, employed by, or otherwise subject to the control of the
responding party:
(A) all documents, tangible things, reports, models, or data compilations that
have been provided to, reviewed by, or prepared by or for the expert in
anticipation of the expert=s testimony; and
(B) the expert=s current resume and bibliography;
RESPONSE:
A. Glenn Ihde, M.D.
B. Howard Poole
C. Kent C. Krause
A. GLENN IHDE, M.D.
(1) the expert=s name, address and telephone number;
PLAINTIFF’S FIRST AMENDED RESPONSES TO DEFENDANTS’
REQUEST FOR DISCLOSURE AND EXPERT DESIGNATIONS Page 7
RESPONSE:
Glenn Ihde, M.D.
Ihde Investments LP
c/o Kent Krause
Craddock Davis & Krause LP
3100 Monticello Avenue, Ste 550
Dallas, TX 75205
(214) 750-3550
(2) the subject matter on which the expert will testify;
RESPONSE: The following person is primarily a fact witness, but is designated as an expert in
an abundance of caution to the extent that his testimony includes opinion testimony. He is
expected to testify as to all facts regarding the helicopter accident that is the subject of this lawsuit.
He will also testify in rebuttal of any testimony offered by any other party’s experts involving
these topic. Dr. Ihde is a principal of the owner of the Aircraft that is the subject of this lawsuit
and a FAA licensed helicopter pilot. He has knowledge regarding the Aircraft Dry Lease
Agreement entered into with CoVentures LC and will testify as to the terms of that Agreement,
the proper operation of the helicopter, and the resulting damages from Defendants’ actions.
(3) the general substance of the expert=s mental impressions and opinions and a brief
summary of the basis for them, or if the expert is not retained by, employed by, or
otherwise subject to the control of the responding party, documents reflecting such
information;
RESPONSE: Dr. Ihde is expected to testify as to the formation of the Aircraft Dry Lease
Agreement and the interpretation of the terms and duties of the parties thereto, the proper operation
of the Aircraft, the cause of the crash, the cost to repair the Aircraft and the extent of the damages
incurred by Plaintiff.
(4) if the expert is retained by, employed by, or otherwise subject to the control of the
responding party:
(A) all documents, tangible things, reports, models, or data compilations that have
been provided to, reviewed by, or prepared by or for the expert in anticipation
of the expert=s testimony; and
RESPONSE: Dr. Ihde is not a retained expert and has no report.
(B) the expert’s current resume and bibliography;
RESPONSE: Dr. Ihde’s resume is available at on the following website:
http://www.dallasreflux.com/meet-our-doctors/dr-ihde-gerd-dallas/.
PLAINTIFF’S FIRST AMENDED RESPONSES TO DEFENDANTS’
REQUEST FOR DISCLOSURE AND EXPERT DESIGNATIONS Page 8
B. HOWARD POOLE
(1) the expert=s name, address and telephone number;
RESPONSE:
Howard Poole
Certified Senior Aircraft Appraiser
Plane Data, Inc.
P.O. Box 1414
Denver, North Carolina 28037-1414
(800) 895-1382
(2) the subject matter on which the expert will testify;
RESPONSE: Mr. Poole is a Certified Senior Aircraft Appraiser and will testify, if necessary,
regarding the estimated Market Value of the Aircraft that is the subject of this lawsuit.
(3) the general substance of the expert=s mental impressions and opinions and a brief
summary of the basis for them, or if the expert is not retained by, employed by, or
otherwise subject to the control of the responding party, documents reflecting such
information;
RESPONSE: Mr. Poole will testify that the value of the Aircraft was $326,840 at the time of
acquisition and had a residual market value immediately before the crash that was significantly in
excess of the amount paid by Pathfinder Indemnity following the crash.
(4) if the expert is retained by, employed by, or otherwise subject to the control of the
responding party:
(A) all documents, tangible things, reports, models, or data compilations that have
been provided to, reviewed by, or prepared by or for the expert in anticipation
of the expert=s testimony; and
RESPONSE: . Mr. Poole is not a retained expert. However, his appraisal report was previously
provided and Bates Labeled IHDE 000181-000194.
(B) the expert=s current resume and bibliography;
RESPONSE: N/A.
C. KENT C. KRAUSE
(1) the expert’s name, address and telephone number;
PLAINTIFF’S FIRST AMENDED RESPONSES TO DEFENDANTS’
REQUEST FOR DISCLOSURE AND EXPERT DESIGNATIONS Page 9
RESPONSE:
Kent C. Krause
Craddock Davis & Krause LLP
3100 Monticello, Suite 550
Dallas, TX 75205
(214) 750-3550
(2) the subject matter on which the expert will testify;
RESPONSE: . Mr. Krause is expected to testify concerning reasonable and necessary attorney’s
fees in the case. Mr. Krause is counsel of record for Plaintiff and will testify, if necessary,
regarding reasonable and necessary attorney’s fees sought by Plaintiff. It is also anticipated that
Mr. Krause will testify in rebuttal with regard to attorney’s fees sought by Defendants and as such
opinions are in the nature of rebuttal, specific opinions cannot be stated until full disclosure
regarding attorney’s fees by Defendants. It is anticipated that Mr. Krause will testify that
reasonable attorney’s fees would be determined on the basis of an hourly rate reflecting the level
of expertise of counsel multiplied by the number of hours necessarily expended in the
representation. Mr. Krause will testify from his personal knowledge and observations of the
activities of all counsel of record.
(3) the general substance of the expert’s mental impressions and opinions and a brief
summary of the basis for them, or if the expert is not retained by, employed by, or
otherwise subject to the control of the responding party, documents reflecting such
information;
RESPONSE: Mr. Krause has practiced business litigation throughout his career including
numerous aviation related matters. With respect to aviation related lawsuits, Mr. Krause has
significant practice and experience in that area while representing owners and operators with
respect to their property damage claims. Mr. Krause’s mental impressions and opinions will relate
to the testimony placed into evidence by attorneys representing the Plaintiffs. The facts known by
Mr. Krause are generally those of attorneys who handle disputed aviation claims, including the
reasonable and necessary attorney’s fees charged in the State of Texas and the reasonable amount
of time and effort necessary to prepare such a case for trial and try it. Mr. Krause may also testify
in rebuttal to other experts presented on any claim for attorney’s fees by any other party.
(4) If the expert is retained by, employed by, or otherwise subject to the control of the
responding party:
(A) all documents, tangible things, reports, models, or data compilations that have
been provided to, reviewed by, or prepared by or for the expert in anticipation
of the expert’s testimony; and
(B) the expert’s current resume and bibliography;
RESPONSE: Mr. Krause is an attorney licensed to practice law in the courts of the State of Texas.
Mr. Krause has been licensed to practice law in the State of Texas since 1982. Mr. Krause’s opinion
is based on his education, training and experience as an attorney. There are no reports other than
PLAINTIFF’S FIRST AMENDED RESPONSES TO DEFENDANTS’
REQUEST FOR DISCLOSURE AND EXPERT DESIGNATIONS Page 10
redacted attorney’s fee records that will be provided. Mr. Krause’s resume is available on the
Craddock Davis & Krause LLP website, www.cdklawfirm.com.
D. ADDITIONAL EXPERTS
In addition to the above, Ihde generally designates the experts that are retained or
designated by other parties as experts in this matter, but Ihde does not necessarily adopt each and
every opinion these witnesses may hold.
REQUEST NO. 194.2(g):
Any discoverable indemnity and insuring agreements.
RESPONSE: Previously produced.
REQUEST NO. 194.2(h):
Any discoverable settlement agreements.
RESPONSE: Plaintiff has none.
REQUEST NO. 194.2(i):
Any discoverable witness statements.
RESPONSE: Previously produced statements in NTSB report.
REQUEST NO. 194.2(j):
In a suit alleging physical or mental injury and damages from the occurrence that is the
subject of the case, all medical records and bills that are reasonably related to the injuries or
damages asserted or, in lieu thereof, an authorization permitting the disclosure of such medical
records and bills.
RESPONSE: N/A.
REQUEST NO. 194.2(k):
In a suit alleging physical or mental injury and damages from the occurrence that is the
subject of the case, all medical records and bills obtained by the responding party by virtue of an
authorization furnished by the requesting party.
RESPONSE: N/A.
PLAINTIFF’S FIRST AMENDED RESPONSES TO DEFENDANTS’
REQUEST FOR DISCLOSURE AND EXPERT DESIGNATIONS Page 11
REQUEST NO. 194.2(l):
The name, address, and telephone number of any person who may be designated as a
responsible third party.
RESPONSE: None known at this time.
PLAINTIFF’S FIRST AMENDED RESPONSES TO DEFENDANTS’
REQUEST FOR DISCLOSURE AND EXPERT DESIGNATIONS Page 12
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FILED DALLAS COUNTY 7/21/2015 7:48:10 PM FELICIA PITRE DISTRICT CLERK CAUSE NO. DC-14-13012 IHDE INVESTMENTS LP § IN THE DISTRICT COURT § Plaintiffs, § § v. § DALLAS COUNTY, TEXAS § COVENTURES LC, d/b/a § GOCOPTER LC, DANIEL L. § CLAASSEN, KENT CLAASSEN, § TROY MITCHELL, CHIEF § FINANCIAL OFFICER AND § STEFAN LAUER, § § Defendants. § 14th JUDICIAL DISTRICT PLAINTIFF’S FIRST AMENDED RESPONSES TO DEFENDANTS’ REQUEST FOR DISCLOSURE AND EXPERT DESIGNATIONS TO: Defendants, by and through their attorneys of record, Christopher Cade Adams and Kerry A. Adams, JACKSON ADAMS, PC, 6310 Lemmon Avenue, Suite 222, Dallas, Texas 75209. Ihde Investments LP, (hereinafter referred to as AIhde@ or APlaintiff@), under TEX. R. CIV. P. 194 and the February 19, 2015 Uniform Scheduling Order (Level 3) respectfully submits its First Amended Responses to Defendants’ Request for Disclosure and Expert Designations. Respectfully submitted, /s/Kent C. Krause Kent C. Krause State Bar No. 11714600 kkrause@cdklawfirm.com Jessica I. Hardy State Bar No. 24076902 jhardy@cdklawfirm.com CRADDOCK DAVIS & KRAUSE LLP 3100 Monticello Avenue, Suite 550 Dallas, Texas 75205-3442 214-750-3550 214-750-3551 (fax) ATTORNEYS FOR PLAINTIFF IHDE INVESTMENTS LP PLAINTIFF’S FIRST AMENDED RESPONSES TO DEFENDANTS’ REQUEST FOR DISCLOSURE AND EXPERT DESIGNATIONS Page 1 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the above and foregoing document has been forwarded to all other counsel of record in accordance with the Texas Rules of Civil Procedure, on this 21st day of July, 2015. /s/Kent C. Krause Kent C. Krause PLAINTIFF’S FIRST AMENDED RESPONSES TO DEFENDANTS’ REQUEST FOR DISCLOSURE AND EXPERT DESIGNATIONS Page 2 RESPONSE TO REQUESTS FOR DISCLOSURE AND EXPERT DESIGNATIONS REQUEST NO. 194.2(a): The correct names of the parties to the lawsuit. RESPONSE: Ihde is named correctly. Ihde has no information regarding the correctness of the names of other parties. REQUEST NO. 194.2(b): The name, address and telephone number of any potential parties. RESPONSE: KILLAHOG LLC 4565 Clair Chennault Street, Addison, Texas 75001-5322 (877) 783-5629 JOHN DOE, owner of land on which accident occurred. REQUEST NO. 194.2(c): The legal theories and, in general, the factual basis of the responding party=s claims or defenses (the responding party need not marshal all evidence that may be offered at trial). RESPONSE: See Ihde’s pleadings on file herein for its claims and contentions. Generally, Ihde is the owner of the Aircraft that is the subject of this lawsuit. On December 28, 2012, Ihde, as Lessor, entered into an aircraft dry lease agreement (the “Agreement”) with CoVentures LC (“CoVentures”) as Lessee. Under the terms of the Agreement, the Aircraft was to be operated by CoVentures LC in accordance with all FAA rules and regulations including, but not limited to, FAA Part 91 and Part 135, and in compliance with any and all other applicable laws. During the lease period, CoVentures was required to: (1) obtain and maintain an all risk hull coverage insurance policy; (2) remain in exclusive operational control of the Aircraft; (3) operate the Aircraft using duly qualified pilots employed by CoVentures who meet the requirements of the insurance policy applicable to the Aircraft; (4) file all reports as may be necessary or appropriate with respect to such operations; and (5) comply with all of Lessee’s obligations with respect to the operation of the Aircraft. On February 14, 2014, Lauer, a pilot employed by CoVentures, flew the Aircraft to the Bonham, Texas area for a hog hunting excursion with two or more passengers. Lauer took off in windy conditions and low fuel. Two passengers were fare-paying third parties. Flying in windy conditions, combined with improper loading of the Aircraft, Lauer lost control of the Aircraft and it crashed on its right side, resulting in substantial damage to the Aircraft. PLAINTIFF’S FIRST AMENDED RESPONSES TO DEFENDANTS’ REQUEST FOR DISCLOSURE AND EXPERT DESIGNATIONS Page 3 At the time of the crash, Lauer was flying the Aircraft within the course and scope of his employment with CoVentures or the other individual defendants, or otherwise with the permission of CoVentures or the other individual defendants. The acts and omissions complained of herein were committed while D. Claassen, K. Claassen, Mitchell and Lauer were acting within the course and scope of their employment in that the actions and/or omissions were within the employees’ general authority, in furtherance of CoVentures business, and for the accomplishment of the object for which the employees and/or agents were hired. Lauer was flying the Aircraft as a charter aircraft under Part 135 of the Federal Aviation Regulations, and therefore owed a duty to operate the Aircraft in a high degree of care. As a direct and proximate result of Lauer’s negligence and CoVentures’ or the other individual defendants’ negligent entrustment of the Aircraft to Lauer, Plaintiff sustained damages resulting from the substantial damage to the Aircraft. Defendant CoVentures was negligent in its operation, maintenance, recordkeeping, loading, and insuring the Aircraft, in failing to take precautions to prevent damage and injuries to Plaintiff and others; in negligently entrusting the Aircraft to Lauer; and in failing to ensure that the Aircraft would obey air traffic control signals and signs. CoVentures was further negligent in its hiring, supervision, training and/or retaining of the pilot, Lauer. Further, CoVentures breached the Agreement with Plaintiff by failing to procure and maintain proper insurance for the Aircraft, using the Aircraft for improper purposes and by operating the Aircraft in an unsafe manner. Defendant Lauer was negligent in loading and operation of the Aircraft and in failing to abide by applicable safety standards, rules and regulations. Defendants D. Claassen, K. Claassen and Mitchell, as officers and managers of CoVentures, LC, were negligent in their operation, maintenance, record keeping and insuring of the Aircraft, and in failing to abide by applicable safety standards, rules and regulations. Further, CoVentures LC is the Alter Ego of Defendants D. Claassen, K. Claassen and Mitchell, which they used as a sham to perpetuate actual fraud for their direct personal benefit and therefore are personally liable for the acts and/or omissions of CoVentures under the doctrine of Vicarious Liability. Defendants D. Claassen and Mitchell made negligent misrepresentations to Plaintiff regarding the insurance for, and use of, the Aircraft while in the course and scope of their business and/or in a transaction in which they had a pecuniary interest and on which Plaintiff justifiably relied. Further, D. Claassen and Mitchell knowingly, or recklessly with a positive assertion and without knowledge of their truth, made material fraudulent misrepresentations to Plaintiff, with the intention that Plaintiff would rely on the representations made, that they would procure adequate insurance coverage in accordance with the terms of the Agreement and regarding their use of the Aircraft. REQUEST NO. 194.2(d): The amount and method of calculating economic damages. PLAINTIFF’S FIRST AMENDED RESPONSES TO DEFENDANTS’ REQUEST FOR DISCLOSURE AND EXPERT DESIGNATIONS Page 4 RESPONSE: As a direct result of the Defendants’ actions, Ihde has sustained damages in excess of $405,902.33. A breakdown of these damages follows: Damages – Repair of the Aircraft Cost of Repairs: $358,847.00 Cost to Ship Aircraft back from RHC: $ 2,329.64 Policy Deductible $ 20,076.00 Sales Tax $ 27,569.00 Less Insurance Proceeds Received: - $141,987.60 $266,834.08 Damages – Loss of Use Ihde suffered damages for loss of use of the Aircraft. Loss of use is calculated at $305.08/hr multiplied by an estimated 400 hrs of use left from the time of crash (at 1775 hrs) until the manufacturer required refurbishment (at 2175 hrs – see Agreement) minus 50% of the annual policy premium ($9,513) pro-rated to the month of March until December, 2014. The resulting loss of use damages total: 400 hrs ($305.08/hr) $122,032.00 Less 50% of pro-rated proceeds (($9,513/2)/12) x 10 -$ 3,963.75 $118,068.25 Damages - Attorneys’ Fees Ihde seeks attorneys’ fees, which are ongoing. Ihde is entitled to attorneys’ fees under Texas Civil Practice and Remedies Code Chapter 38 and alternatively under Paragraph 8.1 of the Agreement. Ihde’s attorneys’ fees and expenses through June 2015 are approximately $21,000. Total Damages Costs Associated with Repair $266,834.08 Loss of Use $118,068.25 Legal Expenses $ 21,000.00 $405,902.33 Plaintiff will supplement additional attorneys’ fees and costs of court that subsequently accrue at time of trial. REQUEST NO. 194.2(e): The name, address and telephone number of persons having knowledge of relevant facts, and a brief statement of each identified person=s connection with the case; PLAINTIFF’S FIRST AMENDED RESPONSES TO DEFENDANTS’ REQUEST FOR DISCLOSURE AND EXPERT DESIGNATIONS Page 5 RESPONSE: Justin Schilder 34110 159th Street Faulkton, SD 57438 (605) 216-5323 Passenger of the Aircraft at the time of the crash. John Maciejewski (605) 848-8799 Passenger on the Aircraft at the time of the crash. Glenn Ihde MD Ihde Investments LP c/o Kent Krause Craddock Davis & Krause LP 3100 Monticello Avenue, Ste 550 Dallas, TX 75205 (214) 750-3550 Dr. Ihde is a principal of the owner of the Aircraft that is the subject of this lawsuit and a FAA licensed helicopter pilot. He has knowledge regarding the Aircraft Dry Lease Agreement entered into with CoVentures LC and will testify as to the terms of that Agreement, the proper operation of the helicopter, and the resulting damages from Defendants’ actions causing damage to the aircraft. CoVentures LC Daniel L. Claassen – Owner/Operator Kent Claassen – Owner/Operator Troy Mitchell – Officer/Owner Stefan Lauer - Pilot c/o C. Cade Adams Jackson Adams, PC 6310 Lemmon Avenue, Ste. 222 Dallas, TX 75209 Defendants Oscar Escobedo FAA Inspector Principal Maintenance Inspector NTX FSDO North Texas FSDO 8700 Freeport Parkway, Suite 225 Irving, Texas 75063 214-277-8547 Performed investigation of the cause of the crash and finding that the pilot caused the crash and damage to the Aircraft during the course and scope of his employment. PLAINTIFF’S FIRST AMENDED RESPONSES TO DEFENDANTS’ REQUEST FOR DISCLOSURE AND EXPERT DESIGNATIONS Page 6 Tom Latson NTSB Investigator 400 L’Enfant Plaza East, S.W. Washington, D.C. 20594 281-488-5876 Performed investigation of the cause of the crash and finding that the pilot caused the crash and damage to the Aircraft during the course and scope of his employment. Agents, Employees and Representatives of Robinson Helicopter Co. (RHC) Lucinda Montague, Supervisor 2901 Airport Drive Torrance, California 90505 310-539-0508 Performance evaluation, estimation and completion of repair work to Aircraft. REQUEST NO. 194.2(f): For any testifying expert: (1) the expert=s name, address and telephone number; (2) the subject matter on which the expert will testify; (3) the general substance of the expert=s mental impressions and opinions and a brief summary of the basis for them, or if the expert is not retained by, employed by, or otherwise subject to the control of the responding party, documents reflecting such information; (4) if the expert is retained by, employed by, or otherwise subject to the control of the responding party: (A) all documents, tangible things, reports, models, or data compilations that have been provided to, reviewed by, or prepared by or for the expert in anticipation of the expert=s testimony; and (B) the expert=s current resume and bibliography; RESPONSE: A. Glenn Ihde, M.D. B. Howard Poole C. Kent C. Krause A. GLENN IHDE, M.D. (1) the expert=s name, address and telephone number; PLAINTIFF’S FIRST AMENDED RESPONSES TO DEFENDANTS’ REQUEST FOR DISCLOSURE AND EXPERT DESIGNATIONS Page 7 RESPONSE: Glenn Ihde, M.D. Ihde Investments LP c/o Kent Krause Craddock Davis & Krause LP 3100 Monticello Avenue, Ste 550 Dallas, TX 75205 (214) 750-3550 (2) the subject matter on which the expert will testify; RESPONSE: The following person is primarily a fact witness, but is designated as an expert in an abundance of caution to the extent that his testimony includes opinion testimony. He is expected to testify as to all facts regarding the helicopter accident that is the subject of this lawsuit. He will also testify in rebuttal of any testimony offered by any other party’s experts involving these topic. Dr. Ihde is a principal of the owner of the Aircraft that is the subject of this lawsuit and a FAA licensed helicopter pilot. He has knowledge regarding the Aircraft Dry Lease Agreement entered into with CoVentures LC and will testify as to the terms of that Agreement, the proper operation of the helicopter, and the resulting damages from Defendants’ actions. (3) the general substance of the expert=s mental impressions and opinions and a brief summary of the basis for them, or if the expert is not retained by, employed by, or otherwise subject to the control of the responding party, documents reflecting such information; RESPONSE: Dr. Ihde is expected to testify as to the formation of the Aircraft Dry Lease Agreement and the interpretation of the terms and duties of the parties thereto, the proper operation of the Aircraft, the cause of the crash, the cost to repair the Aircraft and the extent of the damages incurred by Plaintiff. (4) if the expert is retained by, employed by, or otherwise subject to the control of the responding party: (A) all documents, tangible things, reports, models, or data compilations that have been provided to, reviewed by, or prepared by or for the expert in anticipation of the expert=s testimony; and RESPONSE: Dr. Ihde is not a retained expert and has no report. (B) the expert’s current resume and bibliography; RESPONSE: Dr. Ihde’s resume is available at on the following website: http://www.dallasreflux.com/meet-our-doctors/dr-ihde-gerd-dallas/. PLAINTIFF’S FIRST AMENDED RESPONSES TO DEFENDANTS’ REQUEST FOR DISCLOSURE AND EXPERT DESIGNATIONS Page 8 B. HOWARD POOLE (1) the expert=s name, address and telephone number; RESPONSE: Howard Poole Certified Senior Aircraft Appraiser Plane Data, Inc. P.O. Box 1414 Denver, North Carolina 28037-1414 (800) 895-1382 (2) the subject matter on which the expert will testify; RESPONSE: Mr. Poole is a Certified Senior Aircraft Appraiser and will testify, if necessary, regarding the estimated Market Value of the Aircraft that is the subject of this lawsuit. (3) the general substance of the expert=s mental impressions and opinions and a brief summary of the basis for them, or if the expert is not retained by, employed by, or otherwise subject to the control of the responding party, documents reflecting such information; RESPONSE: Mr. Poole will testify that the value of the Aircraft was $326,840 at the time of acquisition and had a residual market value immediately before the crash that was significantly in excess of the amount paid by Pathfinder Indemnity following the crash. (4) if the expert is retained by, employed by, or otherwise subject to the control of the responding party: (A) all documents, tangible things, reports, models, or data compilations that have been provided to, reviewed by, or prepared by or for the expert in anticipation of the expert=s testimony; and RESPONSE: . Mr. Poole is not a retained expert. However, his appraisal report was previously provided and Bates Labeled IHDE 000181-000194. (B) the expert=s current resume and bibliography; RESPONSE: N/A. C. KENT C. KRAUSE (1) the expert’s name, address and telephone number; PLAINTIFF’S FIRST AMENDED RESPONSES TO DEFENDANTS’ REQUEST FOR DISCLOSURE AND EXPERT DESIGNATIONS Page 9 RESPONSE: Kent C. Krause Craddock Davis & Krause LLP 3100 Monticello, Suite 550 Dallas, TX 75205 (214) 750-3550 (2) the subject matter on which the expert will testify; RESPONSE: . Mr. Krause is expected to testify concerning reasonable and necessary attorney’s fees in the case. Mr. Krause is counsel of record for Plaintiff and will testify, if necessary, regarding reasonable and necessary attorney’s fees sought by Plaintiff. It is also anticipated that Mr. Krause will testify in rebuttal with regard to attorney’s fees sought by Defendants and as such opinions are in the nature of rebuttal, specific opinions cannot be stated until full disclosure regarding attorney’s fees by Defendants. It is anticipated that Mr. Krause will testify that reasonable attorney’s fees would be determined on the basis of an hourly rate reflecting the level of expertise of counsel multiplied by the number of hours necessarily expended in the representation. Mr. Krause will testify from his personal knowledge and observations of the activities of all counsel of record. (3) the general substance of the expert’s mental impressions and opinions and a brief summary of the basis for them, or if the expert is not retained by, employed by, or otherwise subject to the control of the responding party, documents reflecting such information; RESPONSE: Mr. Krause has practiced business litigation throughout his career including numerous aviation related matters. With respect to aviation related lawsuits, Mr. Krause has significant practice and experience in that area while representing owners and operators with respect to their property damage claims. Mr. Krause’s mental impressions and opinions will relate to the testimony placed into evidence by attorneys representing the Plaintiffs. The facts known by Mr. Krause are generally those of attorneys who handle disputed aviation claims, including the reasonable and necessary attorney’s fees charged in the State of Texas and the reasonable amount of time and effort necessary to prepare such a case for trial and try it. Mr. Krause may also testify in rebuttal to other experts presented on any claim for attorney’s fees by any other party. (4) If the expert is retained by, employed by, or otherwise subject to the control of the responding party: (A) all documents, tangible things, reports, models, or data compilations that have been provided to, reviewed by, or prepared by or for the expert in anticipation of the expert’s testimony; and (B) the expert’s current resume and bibliography; RESPONSE: Mr. Krause is an attorney licensed to practice law in the courts of the State of Texas. Mr. Krause has been licensed to practice law in the State of Texas since 1982. Mr. Krause’s opinion is based on his education, training and experience as an attorney. There are no reports other than PLAINTIFF’S FIRST AMENDED RESPONSES TO DEFENDANTS’ REQUEST FOR DISCLOSURE AND EXPERT DESIGNATIONS Page 10 redacted attorney’s fee records that will be provided. Mr. Krause’s resume is available on the Craddock Davis & Krause LLP website, www.cdklawfirm.com. D. ADDITIONAL EXPERTS In addition to the above, Ihde generally designates the experts that are retained or designated by other parties as experts in this matter, but Ihde does not necessarily adopt each and every opinion these witnesses may hold. REQUEST NO. 194.2(g): Any discoverable indemnity and insuring agreements. RESPONSE: Previously produced. REQUEST NO. 194.2(h): Any discoverable settlement agreements. RESPONSE: Plaintiff has none. REQUEST NO. 194.2(i): Any discoverable witness statements. RESPONSE: Previously produced statements in NTSB report. REQUEST NO. 194.2(j): In a suit alleging physical or mental injury and damages from the occurrence that is the subject of the case, all medical records and bills that are reasonably related to the injuries or damages asserted or, in lieu thereof, an authorization permitting the disclosure of such medical records and bills. RESPONSE: N/A. REQUEST NO. 194.2(k): In a suit alleging physical or mental injury and damages from the occurrence that is the subject of the case, all medical records and bills obtained by the responding party by virtue of an authorization furnished by the requesting party. RESPONSE: N/A. PLAINTIFF’S FIRST AMENDED RESPONSES TO DEFENDANTS’ REQUEST FOR DISCLOSURE AND EXPERT DESIGNATIONS Page 11 REQUEST NO. 194.2(l): The name, address, and telephone number of any person who may be designated as a responsible third party. RESPONSE: None known at this time. PLAINTIFF’S FIRST AMENDED RESPONSES TO DEFENDANTS’ REQUEST FOR DISCLOSURE AND EXPERT DESIGNATIONS Page 12