PLAINTIFF'S FIRST CONTINUING INTERROGATORIES
AND REQUEST FOR PRODUCTION OF DOCUMENTS TO
BETTS ENVIRONMENTAL RECOVERY, INC.
TO: Betts Environmental Recovery, Inc.
NOTE: To Defendant Betts Environmental Recovery, Inc.: Wherever the phrase, "Your driver" is used in this discovery, the term is meant to mean Tina M. Nesmith.
Pursuant to the Georgia Civil Practice Act, each of you are hereby interrogated pursuant to O.C.G.A. § 9-11-33, and asked to serve within forty-five (45) days from the date of service hereof, in the form provided by law, sworn written answers, giving fully and in detail such information as is available to each Defendant in answering these questions.
When used in these Interrogatories, the term "Defendant" or any synonym thereof, is intended to and shall embrace and include, in addition to each Defendant listed above, to each of your attorneys, agents, servants, employees, representatives, private investigators and others who are in possession of, or who may have obtained information for or on your behalf.
You are reminded that you are under a duty seasonably to supplement your response with respect to any question addressed to:
(a) the identity and location of persons having knowledge of discoverable matters:
(b) the identity of each person expected to be called as an expert witness at trial;
(c) the subject matter on which said expert is expected to testify;
(d) the facts upon which the expert bases said opinions; and
(e) the substance of such expert's testimony.
Objections based on Privilege - In the event that any information, documents, or things requested herein is withheld under a claim of privilege, please provide the following information with respect to each:
(1) The type of information, document, or thing, its general subject matter, the place, and the appropriate date it was gathered, learned, prepared, or created;
(2) The name, address, phone number, and title of each person who prepared, created, learned, or gathered the information, document, or thing and the name, address, phone number, and title of each person who has received or examined the information, document, or thing or copy thereof; and
(3) A statement of the circumstances which bear on whether or not the claim of privilege is appropriate and whether the privilege that is claimed should extend to all or to just a part of the information, document, or thing.
INTERROGATORIES
1.
Please provide the full name, home address, home phone number, office phone number, and place of employment for each and every person, firm, or entity who answered or assisted in answering these interrogatories.
2.
Does any primary and/or excess insurance agreement or bond exist under the terms of which the person or company issuing the same may be called upon to satisfy all or part of any judgment which may be entered in favor of the Plaintiff in this action?
(a) If such an insurance agreement or bond does exist, what are the limits of liability contained in the terms of each such agreement?
(b) If such an insurance agreement or bond does exist, what are the legal names of each and every party to each agreement itself and to any further or subordinate agreement which in any way relates to the terms of any such agreement?
(c) What is the amount of any deductible or self-insured retention as to each such agreement?
3.
If you or anyone acting on your behalf obtained statements in any form from any person regarding the present collision, the Plaintiff and/or her past medical care, including statements by the Plaintiff, state with respect to each such statement:
(a) the name and address of the person(s) to whom such statement was made;
(b) the date the statement was made;
(c) the form of the statement;
(d) if the statement was written, whether it was signed; and
(e) the names and addresses of all persons presently having custody of the statement.
4.
Do you, your attorneys, your insurance carriers or anyone acting on your or their behalf have or know of any photographs, motion pictures, maps, plats, drawings, diagrams, videotapes, or other tangible or documentary evidence concerning any of the events, happenings, scene of the wreck, or the condition of any vehicle (or any part thereof) involved in the wreck either before or after the event alleged in this action? If so, please identify:
a. each tangible item's specific subject matter;
b. the date it was made or taken;
c. the name and address of the person making or taking it;
d. what each item purports to show, illustrate or represent; and
e. the name and address of each person having custody of such item or items.
5.
State the name, address, occupational title, and present whereabouts of each person whom you expect to call as an expert witness at the trial of this case, and with respect thereto, state the following:
(a) The subject matter on which the expert is expected to testify;
(b) The substance of the facts and opinions to which the expert is expected to testify;
(c) A summary of the grounds for each opinion to which the expert is expected to testify; and
(d) Whether any reports or other written materials or letters have been generated by such expert for this case.
6.
Only if you allege any defense to this action based on jurisdiction, venue, issuance of process, process itself, or service of process, as to each such defense, please state:
(a) each and every fact upon which you rely in asserting such defense;
(b) provide a complete description of all documents which you contend support the assertions of the said defense;
(c) the name and address of all persons having custody and control of the documents described in (b) above; and
(d) please provide the full and complete legal addresses of this Defendant's registered office and agent.
7.
If you contend that any person, firm, or entity caused or contributed to the injuries to the Plaintiff, identify by name, address, job title, and employer all such persons, firms or entities and state the reasons for your contentions.
8.
Please explain the nature of the employment relationship between you and your driver on the day of the wreck (lease operator, company driver, temporary driver, owner-operator, etc.) and include the date the relationship began, the date it terminated, and, if applicable, the person from your company involved in any such termination.
9.
State the name, and address for the Safety Director, Federal Safety Regulation Compliance Officer, driver's Terminal Manager, and the driver's Dispatcher, for your organization, who were in the positions named above during any portion of your driver's trip which ultimately involved the wreck referenced in the Complaint.
10.
Please state the name, address, home phone number, office phone number, and address of employment for each and every person, firm, or entity who:
(a) witnessed the wreck described in the Complaint;
(b) arrived at the scene of the wreck within two (2) hours after it occurred;
(c) has or who claims to have knowledge of liability in this action.
(d) has or who claims to have knowledge of damages in this action.
11.
As to the driver (your driver) of your tractor-trailer being operated at the time of the wreck, please state:
a) the driver's complete name;
b) the driver's present home address;
c) the driver's social security number, date of birth, driver's license numbers, the names of the states issuing said licenses;
d) and such driver's mode of compensation.
12.
As to both the tractor and trailer involved in the wreck which your driver was operating, please state:
a) each's manufacturer, make, model number, and year;
b) the trailer's length and width thereof at the longest and widest portions, respectively;
c) the weight of the trailer empty, its carrying capacity, and the gross vehicular weight;
d) the name of the entity to whom the tractor and the trailer were titled;
e) the total gross weight of the tractor-trailer at the time of the wreck.
13.
In reference to the load being transported at the time of the wreck, please identify:
a) where the load originated;
b) the contents and weight of the load;
c) the final destination for the load;
d) any contracts signed or entered into pertaining to the transportation of said load;
e) the name, address, and phone number of the person or persons employed by the contractor and shipper who was in charge of the load at the place where said load originated; and
f) the name, address and phone number of each broker in any way involved with the load.
14.
Please state whether your tractor-trailer contained or utilized an on-board recording device, an on-board computer, tachograph, trip monitor, trip recorder, trip master, or device known by any other name which records information concerning the operation of the truck? If so, please state the name and address of the person having custody of the graphs, printouts, raw data, and/or other documentary evidence produced or capable of being produced by said machine regarding any data for any and all parts of the trip which ultimately was involved in the wreck which forms the basis of Plaintiff's Complaint.
15.
Were any tests (blood, urine, or other) performed on your driver by you, pursuant to state or federal regulation or your own safety policies, at any time during the period commencing 45 days prior to the wreck through and including 45 days after the wreck? If so, please state the results of all such tests and the name, address, and phone number of the persons, firms, or entities who administered said test and all such persons, firms, or entities who are in possession of a copy of the results of said tests.
16.
At the time of the wreck, did you have any policy or procedure manuals pertaining to the operation of a tractor-trailer such as driver's manuals, company rules, or other tangible materials by whatever name? If so, provide the name of each such manual.
17.
Please state the name, address and telephone number of each person who has a copy of any of your driver's Daily Driver Logs for the period commencing 6 months prior to the present collision, up to and including the day of the collision.
18.
Please describe any and all mirrors and other devices, togther with their location, placed to assist your driver in viewing and lane changes to the passenger side of the vehicle involved in the present collision on the date thereof.
19.
Describe in detail the initial and continuing training requirements for your drivers as of the date of the present collision.
20.
Describe in detail your drug and alcohol programs including, without limitation, you random drug testing program.
21.
Please state the date of each and every review by federal, state and/or other entities during the last 10 years, and state the results of each such review.
22.
State the manner in your driver, her dispatcher and her terminal manager were compensated as of the date of the present collision, including without limitation any pay or bonus was based on miles driven or other productivity indices.
CONTINUING REQUEST FOR PRODUCTION OF DOCUMENTS
The above-named Defendants are hereby requested to produce the following described documents pursuant to O.C.G.A. §9-11-34 and requested to comply with this Code section by producing all such requested documents to counsel for the Plaintiff on the 45th date after service hereof upon you, at 10:00 a.m. at the law office of Robert Altman, Suite 1560, 1355 Peachtree Street, N.E., Atlanta, Georgia 30309. In the event the 45th day falls on a Saturday, Sunday, or legal holiday, you are requested to produce such documents on the first business day following the 45th day after service thereof, at the address referenced above, at 10:00 a.m..
1.
Copies of any incident or accident reports, prepared by any person or entity, pertaining to the wreck described in the Complaint.
2.
A copy of the MC-50 B or T prepared as a result of this wreck.
3.
Repair estimates for damages to your tractor and trailer which was involved in this wreck.
4.
A copy of all of your driver's driving licenses in effect on the date of this wreck.
5.
A copy of the "accord" statement you filed with any insurance carrier to advise them of the wreck described in the Complaint, any claim for property damage, or for any other claims involved herein.
6.
A copy of the current curriculum vitae of any/all experts you intend or expect to call at the trial of this case.
7.
Copies of any photos, still or motion picture, plans, maps, drawings, blueprints, sketches, diagrams, computer simulations or any other demonstrative evidence relevant to this wreck, including without limitation, pictures of the vehicles involved in the present collision and the area of the collision..
8.
Any and all documents pertaining to the load being carried at the time of the wreck including but not limited to bills of lading, contracts, toll receipts, broker documents, and food, drink, lodging and fuel receipts.
9.
Your driver's complete application for employment, including but not limited to the application required under Federal Motor Carrier Safety Regulations of the U.S. Department of Transportation, Part 391.21.
10.
Any and all personnel, DOT, training, human resource, risk management, safety and all other files concerning your driver.
11.
Your driver's qualification file, including but not limited to the file required under Federal Motor Carrier Safety Regulations of the U.S. Department of Transportation, Part 391.51.
12.
Copies of all MVR's reflecting your driver's past driving record.
13.
Inquiries and responses to state driving agencies and prior employers of your driver made pursuant to the Federal Motor Carrier Safety Regulations of the U.S. Department of Transportation, Part 391.23.
14.
Inquiries and responses concerning annual reviews of driving records and records of violations regarding your driver, made pursuant to the Federal Motor Carrier Safety Regulations of the U.S. Department of Transportation, Part 391.25 and 391.27.
15.
Logs and records commonly known as "Driver's Daily Logs," "MCS-139," "MCS-139A," "grid sheets" or "Driver's Multi-Day Logs," concerning your driver for the period commencing six (6) months prior to the wreck described in the Complaint to and including thirty (30) days after the date of the wreck described in the Complaint.
16.
Results of all drug and alcohol tests administered to your driver since the beginning of his employment to the current date.
17.
Any and all results of any random, "reasonable cause," pre-employment, biennial, and post-accident drug and alcohol testing.
18.
A copy of any Accident Register or master ledger of accidents which you maintain. Plaintiff seeks all such registers for the three years immediately prior to this wreck through and including the date of said wreck.
19.
Any and all call-in reports or "accident call records" generated pertaining to this wreck.
20.
The original raw data and copies of any and all printouts of any on-board recording device, an on-board computer, tachograph, trip monitor, trip recorder, trip master, or device known by any other name which records information concerning the operation of the truck for the period commencing 30 days before the wreck through and including 10 days after the wreck.
21.
Copies of any and all daily vehicle inspection reports concerning the subject tractor and trailer involved in the wreck for the 60 days prior to the wreck, through and including the 10 days after the wreck.
22.
Copies of the complete maintenance records for your tractor and trailer involved in this wreck for the 6 months prior to and including the wreck.
23.
Copies of all lease, rental and/or other agreements regarding the truck, trailer and/or the driver involved in the present collision which may have been applicable at the time of the present collision.
24.
Any and all of your driver's fuel receipts, toll receipts, comdata receipts, comdata reports, food receipts, checks, drafts, daily trip reports, payroll records, payroll work sheets and all other driving reports prepared by or about your driver for the period commencing 6 months prior to the collision to 30 days after the collision.
25.
Copies of any and all DOT and State agency reviews of your company for the period commencing 10 years prior to this collision, to the present time.
26.
All records showing any and all payments associated with all lease, rental and other agreements identified in response to the preceding request, from January 1, 1996 to present.
27.
All claim forms and correspondence concerning this wreck from the owner of the property being transported by you at the time of the wreck.
28.
Copies of all documents pertaining to any/all brokers involved in the load being transported at the time of the wreck.
29.
Copies of the title and latest tag receipt for the vehicles (tractor and trailer) involved in the present collision.
30.
Copies of all documents, correspondence, and reports sent to or received from any federal, state, or local regulatory agency pertaining to this wreck.
31.
Copies of any documents or writings which you contend support any contention that this wreck was the fault of any other person or entity.
32.
A copy of all documents showing your authority to operate your trucks through the State of Georgia (such as an I.C.C. permit or Certificate of Public Necessity and Convenience) and your permit to operate pursuant to the Interstate Commerce Commission rules.
33.
Complete copies of each and every insuring agreement, bond or reinsurance agreement, along with all declaration's pages, amendments, endorsements, and changes to the policies identified in response to the foregong interrogatories.
34.
Copies of all driver's manuals, company manuals, and other materials pertaining to company, federal, or state rules, in effect at the time of the wreck described in Plaintiff's Complaint.
35.
Copies of all bi-annual medical reviews for the last ten years.