CAUSE NO.

JANE DOE § IN THE DISTRICT COURT

Plaintifi" §
§
v. § TRAVIS COUNTY, TEXAS
§
LYFT,INC., D/B/A LYFT DRIVES §
TEXAS, INC., and §
DANIEL KIFLE § JUDICIAL DISTRICT COURT
Defendants §

PLAINTIFF’S ORIGINAL PETITION AND WRITTEN DISCOVERY REQUESTS

To the Honorable Judge of this Court:

Jane, Plaintiff in the above-captioned action, files this Original Petition and Written

Discovery Requests, and would show as follows:

DISCOVERY PLAN
1. Pursuant to TEX. R. CIV. P. 190.4, Plaintiff Doe intends to conduct discovery in this

case under a Level 3 Discovery Plan.

JURISDICTION
2. This Court has jurisdiction over this action under TEX. GOV’T CODE § 24.007(b)

because it is a civil suit with an amount in controversy exceeding the court’s jurisdictional limits.

3. Plaintiff Doe seeks monetary relief in an amount described in TEX. R. CIV. P.

47(c)(5), to state an amount claimed, therefore your Plaintiff states to the Court and Defendants

only that they seek monetary relief of more than $1 million.

VENUE
4. Venue is proper in Travis County, Texas under TEX. CIV. PRAC. & REM. CODE §
l5.002(a)(l) because it is a county in which a substantial part of the events or omissions giving

rise to this suit occurred.

Plaintifi’‘s Original Petition and Written Discovery Requests Page I of 27

 PARTIES
5. Plaintiff Jane Doe is an individual residing in Lakeway, Travis County, Texas.

6. Defendant Lyft, Inc., d/b/a Lyft Drives Texas, Inc. (“Lyft”) is a Delaware

corporation with its principal place of business at 185 Berry Street, Suite 5000, San Francisco,

California 94107, and may be served through its registered agent for service of process, CT
Corporation System, at 1999 Bryan Street, Suite 900, Dallas, Texas 75201.

7. Defendant Daniel Kifle is an individual currently incarcerated at the Travis County

Correctional Complex, 3614 Bill Price Road, Del Valle, Texas 78617, and may be served with

process at that address.

FACTS
8. The “Safety” section of Lyfi’s website contains a prominent quotation from Logan

Green, Lyft’s CEO and co-founder, promising riders that “Safety is our top priority and it is our
goal to make every ride safe, comfortable, and reliable. Since the beginning, we have worked hard

to design policies and features that protect our community. People say they use Lytt because they

feel safe with our drivers, which is a product of this commitment.” Unfortunately for Plaintiff Doe

and other women like her, Defendant Lyft has failed to live up to its promise.

9. On or around the evening of June 7, 2018, in Travis County, Texas, Plaintiff Doe

hailed a ride with a driver for Defendant Lyft through the company’s ridesharing app. Plaintiff

Doe asked Defendant Kifle, whose vehicle had an illuminated Lyit sign in its visor, whether he

was her driver, and he responded that he was. When the vehicle arrived at Plaintiff Doe’s home,

Plaintiff Doe got out. At that same time, Defendant Kifle also got out of the car, stuck his hands

down Plaintiff Doe’s pants, and attempted to penetrate or stimulate her vagina with his fingers.

Plaintzfi"s Original Petition and Written Discovery Requests Page 2 of 27

Plaintiff Doe was able to fight Defendant Kifle off, at which point he ran back to his car and sped

away.

10. In response to this and other incidents and acts of sexual assault committed by

Defendant Kifle, Defendant Lyft issued a statement that “[t]he situations being described are truly

frightening. Our thoughts are with the victims of these senseless acts.” Yet it was Defendant Lyfi

who allowed Defendant Kifle to commit this frightening and senseless act against Plaintiff Doe

and women like her.

11. This was not the first time that Defendant Kifle had sexual assaulted a passenger.

Not only had Defendant Kifle previously sexually assaulted passengers while working for

Defendant Lyft, but he also had a history of sexual misconduct with ride~for-hire passengers going

back to at least 2013.

12. Neither was this the first time that one of Defendant Lyfi’s drivers has committed

a heinous crime against a passenger. In the past four years, at least 18 Lyft drivers have been

accused of sexual assault. At least four of them have been convicted. In response to these sexual

assaults, Defendant Lyft claims it has “worked hard to design policies and features that protect our

community,” yet these attacks continue to occur.

13. This case is about holding Defendant Lyft legally accountable for the foreseeable

criminal acts of one of its drivers and forcing it to institute basic, common-sense corrective

measures to ensure that all of the drivers that it places in cars with its passengers~—many of whom

are young women——truly pose no safety threat to those passengers.

CAUSE OF ACTION 1: SEXUAL ASSAULT — ALL DEFENDANTS

14. The foregoing facts are incorporated by reference.

15. Defendant Kifle committed the felony criminal offense of sexual assault upon

Plaintifl‘s Original Petition and Written Discovery Requests Page 3 of 27

Plaintiff Doe. In doing so, he intentionally or knowingly made contact with Plaintiff Doe’s person

when he knew or reasonably should have known that Plaintiff Doe would regard the contact as

offensive. This contact caused severe mental distress and anguish to Plaintiff Doe, which continues

to this day.

16. Defendant Lyft is liable for Defendant Kifle’s conduct as alleged above pursuant

to the doctrine of respondeat superior because Defendant Kifle was acting in the course and scope

of his employment with Defendant Lyft at the time of the occurrence.

17. If Defendant Kifle was an independent contractor, Defendant Lyft is liable for

Defendant Kifle’s conduct as alleged above because Defendant Lyft failed to exercise reasonable

control over its employees, agents, and/or independent contractors when pairing them in vehicles

with Lyft passengers. See, e.g., Read v. The Scott Fetzer Co., 990 S.W.2d 732 (Tex. 1998).

CAUSE OF ACTION 2: NEGLIGENCE — DEFENDANT LYFT

18. The foregoing facts are incorporated by reference.

19. Defendant Lyfl’s negligence proximately caused Plaintiff Doe’s injuries in one or

more of the following ways:

a. Failing to properly hire, train, and supervise its drivers, such as Defendant Kifle;

b. Failing to promulgate and enforce effective safety policies for screening drivers of

Lyft vehicles for criminal a11d violent tendencies;

c. Failing to conduct adequate background checks and screening on Defendant Kifle

before allowing him to transport passengers of Lyft;

d. Granting Defendant Kifle access to Lyft as a driver, even though Defendant Kifle

had a history that should have disqualified him from driving;

e. Creating a false and misleading sense of security for Lyft passengers such as

Plaintifl‘s Original Petition and Written Discovery Requests Page 4 of 27

 Plaintiff Doe by making exaggerated and untruthful claims about Defendant Lyft’s

alleged extensive screening of Lyft drivers;

f. Failing to act with the high level of care required of “common carriers” in the State

of Texas, that is, failing to exercise the high degree of care that a Very cautious and

prudent carrier would have exercised under the same or similar circumstances;

g. Failing to exercise reasonable control over employees, agents, and/or independent

contractors when pairing them in vehicles with Lyft passengers. See, e.g., Read v.

The Scott Fetzer C0,, 990 S.W.2d 732 (Tex. 1998).

DAMAGES
20. As a result of the occurrence and Defendant Kifle’s acts, and Defendant Lyft’s

negligent acts and omissions, Plaintiff Doe has sustained the following damages, for which she is

entitled to recovery:

a. Reasonable and necessary medical expenses in the past;

b. Reasonable and necessary medical expenses that she will with reasonable

probability suffer in the future;

c. Mental anguish that she has suffered in the past; and

d. Mental anguish that she will with reasonable probability suffer in the future.

REQUEST FOR DISCLOSURE

21. Pursuant to TEX. R. CIV. P. 194, Plaintiff Doe requests that Defendants disclose,

within fifty days of the service of this petition and request, the information and material described

in TEX. R. CIV. P. 194.2.

PLAlNTIFF’S WRITTEN INTERROGATORIES TO DEFENDANTS

22. Plaintiff Doe serves these Written Interrogatories upon Defendants as allowed by

Plaintifs Original Petition and Written Discovery Requests Page 5 of 27

TEX. R. CIV. P. 197. Defendants must answer each interrogatory separately, fully, in writing and

under oath, within fifty days after service.

A. Instructions

1. These instructions and definitions should be construed to require answers based

upon the knowledge of, and information available to, the responding party as well as his agents,
representatives, and, unless privileged, attorneys.

2. These interrogatories are continuing in character and require that supplemental

answers be served seasonably if further or different information is obtained with respect to any
interrogatory.

3. No part of an interrogatory should be left unanswered merely because an objection

is interposed to another part of the interrogatory. If a partial or incomplete answer is provided, the
responding party shall state that the answer is partial or incomplete.

4. Where
a claim of privilege is asserted in objecting to any interrogatory or part
thereof, and information is not provided on the basis of such assertion:

a. In asserting the privilege, the responding party shall, in the objection to the
interrogatory, or part thereof, identify with specificity the nature of the privilege
(including work product) that is being claimed.

b. The following information should be provided in the objection, if known or

reasonably available, unless divulging such information would cause disclosure of
the allegedly privileged information:

i. For oral communications:

1. the name of the person making the communication and the names of
persons present while the communication was made, and, where not
apparent, the relationship of the persons present to the person
making the communication;
2. the date and place of the communication; and
3. the general subject matter of the communication.

ii. For documents:

the type of document,

the general subject matter of the document,
the date of the document, and
.[;La.)[\)r—

such other information as is sufficient to identify the document,

including, where appropriate, the author, addressee, custodian, and
any other recipient of the document, and where not apparent, the

Plaintiflk Original Petition and Written Discovery Requests Page 6 of 2 7

 relationship of the author, addressee, custodian, and any other
recipient to each other.

5. If, answering these Interrogatories, the responding party encounters any

ambiguities when construing a question, instruction, or definition, the responding party’s answer
shall set forth the matter deemed ambiguous and the construction used in answering.

B. Definitions

The following terms are defined as follows:

a. “Plaintiff” holds the same meaning as it does in Plaintiff’ s Original Petition.

b. “Defendant” means the Defendant answering these interrogatories.

c. “Person” means natural persons, corporations, partnerships, sole proprietors,

unions, associations, federations or any other kind of entity.

d. “Doc11ment” means any and all written, typed, printed, and/or handwritten matter
and all magnetic or other records or documentation of any kind or description,
whether it was mechanically or otherwise recorded matter of whatever character
(including, without limitation, letters, correspondence, including but without
limitation, letters, purchase orders, memoranda, telegrams, notes, catalogues,
brochures, diaries, reports, calendars, inter-or intra- office communications,
statements, investigative reports, armouncements, depositions, answers to
interrogatories, pleadings, judgments, newspaper pictures and any carbon or
photographic copies of any such material if you do not have custody or control of
the original. If any document requested to be identified was but is no longer in
existence, state where it is:

1. Missing or lost,
2. Destroyed,
3. Transferred voluntarily or involuntarily to others, and, if so, to whom, or
4. Otherwise disposed of; and in each instance explain the circumstances
surrounding and authorization of such disposition thereof, state the
appropriate date thereof and describe its contents.

e. “You,” “your,” and “yours” shall mean whom

these questions are
the party to
directed as well as her agents, employees, attorneys, investigators, and all other
“persons” acting for said party.

f. “Person” means any natural person, corporation, firm, association, partnership,

joint venture, proprietorship, governmental body, or any other organization,
business, or legal entity.

Plaintifi”s Original Petition and Written Discovery Requests Page 7 of27

 g. “Relating to” and “relates to” means, without limitation, embodying, mentioning,
constituting, comprising, evidencing, containing, setting forth, showing, disclosing,
describing, explaining, summarizing, concerning, or referring to, directly or
indirectly, the subject matter identified in the request.

h. “Any and all” is to be interpreted and applied as in K-Mart Corp. v. Sanderson, 937

S.W.2d 429 (Tex. 1996); and Chamberlain v. Cherry, 818 S.W.2d 201, 204 (Tex.
App—Amaril1o 1991).

i. “Concerning” means, in whole or in part, directly or indirectly, referring to, relating

to, connected with commenting on, responding to, showing, describing, analyzing,
reflecting, evidencing, and constituting.

j. “Date” means the exact date, month, and year, if ascertainable, or if not, the best
available approximation.

k. When referring to an individual person, “identify” or “identity” means to state the

person’s full name, present or last known home address, present or last known place
of employment, physical address, and business and home telephone numbers.

1. When referring to an entity, “identify” or “identity” means to state its full legal
name, all names under which it does business, the name of its chief executive
officer, and its physical address, phone number, and website address. Once a person
or entity has been identified in accordance with this subparagraph, only the name
of the person or entity need be listed in response to subsequent discovery requesting
identification of that person or entity.

m. When referring to documents, “identify” means to state the: (i) type of document;
(ii) general subject matter; date of
(iii)the document; and, (iv) author(s),
addressee(s), and recipient(s) or, alternatively, to produce the document. If any such
document was, but is no longer, in your possession or custody, or subject to your
control, or is no longer in existence, state whether it (a) is missing or lost; (b) has
been destroyed; or (c) has been transferred voluntarily or involuntarily, and in each
instance, explain the circumstances surrounding the authorization for each such
disposition thereof and state the date or approximate date thereof.

”
n. The word “an means ‘‘and/or.’’

0. The word “or” means “or/and.”

INTERROGATORIES TO DEFENDANT KIFLE

Interrogatory No. 1: Please state your full name, address, social security number, all
driver’s license numbers, date of birth, citizenship, and current occupation.

Plaintiffs Original Petition and Written Discovery Requests Page 8 of 27

Answer:

Interrogatory No. 2: If you contend that any other person or entity may be liable for all or
part of Plaintiff Doe’s claims, please identify each such person or entity by name, employer,
address, phone number, and title, and please describe the facts supporting your contention. Include
a description what your legal claim or contention will be regarding any cause or contributing cause.

Answer:

Interrogatory No. 3: Please state when and where you worked from the date of your
graduation from high school through the present, including names and addresses of employers,
dates of employment, and a brief description of j ob title and function with each employer.

Answer:

Interrogatory No. 4: For all felonies and misdemeanors for which you have been arrested
and/or convicted, please provide the cause number, county and state of arrest or conviction, the
date of arrest or conviction, and the type of crime.

Answer:

Interrogatory No. 5: Please provide, with respect to any communications and conversations
you had concerning the occurrence with Defendant Lyft or Defendant Lyft’s representatives
following the occurrence, the date(s) of the communication(s), the substance of the
communication(s), and the names, addresses and telephone numbers of any witnesses to the
communication(s).
Answer:

Interrogatory No. 6: Please provide the full name(s), address(es), and telephone number(s)
of your trial witnesses.

Answer:

Interrogatory No. 7: Please describe your employment relationship (i.e., employer/

employee, independent contractor, etc.), with Defendant Lyft on the date of the occurrence, and
describe the factual basis for your answer.

Answer:

Interrogatory No. 8: Please identify, with respect to your activities performed in the course
and scope of your employment with any person or entity, including you, during each hour of the
24 hour period leading up to the occurrence, the person or entities for Whom the activities were
performed, all persons with knowledge of his activities during this period, all individuals with
whom you dealt, all locations to which you traveled, and all functions performed by you.
Answer:

Plaintzfi”‘s Original Petition and Written Discovery Requests Page 9 of 2 7

 Interrogatory No. 9: State where you had been immediately prior to the occurrence, where
you were going at the time of the occurrence, and the purpose of the trip.

Answer:

Interrogatory No. 10: Please state the substance of every conversation or communication
you any of your agents and/or employees had with Plaintiff Doe after the date of the occurrence
or
and the identify the date of the conversation or communication.

Answer:

Interrogatory No. 11: Please identify all Lyfi agent(s) and/or employee(s) with whom you
communicated concerning gaining access to Lyft as a driver before the incident made the basis of
this suit, and the date and substance of the communications.

Answer:

Interrogatory No. 12: Please identify what type of inquiries regarding your qualifications,
employment history, or criminal history were performed, to your knowledge, by Lyft before the
incident made the basis of this suit, and the dates of the inquiries, the names of the people involved
in making the inquiries, and the results of the inquiries.

Answer:

Interrogatory No. 13: Please identify any and all ride~for~hire or transportation companies
for which you have worked as an employee or independent contractor, including the dates and
places of your employment, the name(s) of your immediate supervisor, and the reason(s) for your
no longer working as an employee or independent contractor for each company.

INTERROGATORIES TO DEFENDANT LYFT

Interrogatory No. 1: Please identify the person(s) who assisted or provided information in
answering these interrogatories by providing their full names, dates of birth, driver’s license
numbers, addresses, telephone numbers, employers, and occupations.

Answer:

Interrogatory No. 2: If you contend that any other person or entity may be liable for all or
part of Plaintiff Doe’s claims, please identify each such person or entity by name, employer,
address, phone number, and title, and please describe the facts supporting your contention. Include
a description what your legal claim or contention will be regarding any cause or contributing cause.

Answer:

Interrogatory No. 3: Please provide, with respect to any communications and conversations
you had concerning the occurrence with the Plaintiff Doe or her representatives following the

Plaintifi"’s Original Petition and Written Discovery Requests Page 10 of 27

occurrence, the date(s) of the communication(s), the substance of the communication(s), and the
names, addresses and telephone numbers of any witnesses to the communication(s).

Answer:

Intcrrogatory No. 4: In accordance with Rule 609 of the Texas Rules of Evidence, if you
intend to impeach Plaintiff Doe or any person with knowledge of relevant facts with evidence of
a criminal conviction, please provide the cause number, county and state of conviction, the date of
conviction, and the type of crime.

Answer:

Interrogatory No. 5: In accordance with Rule l92.3(e) of the Texas Rules of Civil
Procedure, for any consulting expert whose mental impressions or opinions have been reviewed
by a testifying expert, please provide the expert’s name, address and telephone number; the subject
matter on which the testifying expert who has reviewed the consulting expert’s mental impressions
or opinions will testify; the facts known by the expert that relate to or form the basis of the expert’s
mental impressions and opinions formed or made in connection with the case (regardless of when
and how the factual information was acquired); the expert’s mental impressions and opinions
formed or made in connection with the case, and any methods used to derive them; and any bias
of the witness.

Answer:

Interrogatory No. 6: Please identify the insurance policies, including umbrella policies and
excess policies, that could provide coverage for the incident(s) made the basis of this suit. Please
include issuing insurance companies, policy numbers, monetary limits of coverages, and specify
whether or not any such policy is a “cannibalizing” or “self—wasting” policy in which costs of
defense may reduce amounts paid to claimants.

Answer:

Interrogatory No. 7: With respect to all investigations of the occurrence not conducted in
anticipation of litigation, state the name(s), address(es), and telephone number(s) of the person(s)
conducting the investigation(s), the reason(s) for the investigation(s), the names addresses and
telephone numbers of the persons spoken to in connection with the investigation(s), the
conclusions of the investigation(s), and identify all documents prepared as a result of the
investigation(s).

Answer:

Interrogatory No. 8: Please provide the firll name(s), address(es), and telephone number(s)
of your trial witnesses.

Answer:

Plaintifi".s' Original Petition and Written Discovery Requests Page 11 of 27

 Interrogatory No. 9: Please describe your employment relationship (i.e., employer/
employee, independent contractor, etc.), with Defendant Kifle on the date of the occurrence, and
briefly provide the factual background for your answer. If Defendant Kifle was not employed by
you, please identify his employer(s).

Answer:
Interrogatory No. 10: If you deny that Defendant Kifle was in the course and scope of
employment with you at the time of the occurrence, please describe the basis for your denial, and
identify your agents and/or employees with knowledge of relevant facts concerning this issue.

Answer:

Interrogatory No. 11: With respect to all efforts that you undertook to inquire into the
criminal background, previous employment, licensing, permitting, or any other qualifications of
Defendant Kifle before the incident made the basis of this suit, please identify: (1) the date of the
effort, (2) the type of effort undertaken, (3) the name of the person undertaking the effort, (4) the
employer of the person undertaking the effort, (5) the information gleaned as a result of the effort,
and (6) the actions, if any, undertaken as a result of information obtained through the effort.

Answer:

Interrogatory No. 12: Please identify all Lyft agent(s) and/or employee(s) who had any
responsibilities for investigating the qualifications, employment history, or criminal history of
Defendant Kifle before the incident made the basis of this suit.

Answer:

Interrogatory No. 13: Please identify what type of inquiries regarding the qualifications,
employment history, or criminal history of Defendant Kifle should have occurred, according to
your policies and procedures, before the incident made the basis of this suit.

Answer:

Interrogatory No. 14: Please identify all members of the Lyft “Trust & Safety Team” who
investigated the incident made the basis of this suit.

Answer:

Interrogatory No. 15: Please identify the Lyft agent and/or employee with the most
knowledge regarding assaults, violent crimes, and rapes allegedly committed by Lyft drivers other
than Defendant Kifle.

Answer:

Interrogatory No. 16: With respect to all disciplinary action that you took against any of
your employees or agents as a result of the incident made the basis of this suit, please provide: the

Plaintifl"s Original Petition and Written Discovery Requests Page 12 of 27

name of the employee against whom the action was taken, the date of the action, a brief description
of the reason for the action, the person(s) who made the decision to take the action, and a brief
description of the disciplinary action taken.

Answer:
Interrogatory No. 17: If you made any determination concerning Whether the occurrence
was preventable or avoidable, please state the determination, the name, address, telephone number
and position with your company of all persons who were involved in making such a determination,
and provide a brief description of the factual basis for your determination.

Answer:

Inteirogatory No. 18: Please identify the date on which you first became aware that a person
with privileges to drive for Lyft in Austin, Texas had sexually assaulted a passenger on June 3,
2018. Please identify in addition the Lyft agent and/or employee with the most knowledge of the
incident described in this interrogatory, all members of the Lyft “Trust &
Safety Team” who
investigated the incident, and any internal and external corrective actions taken as a result of the
incident.

Answer:

Interrogatory No. 19: If you made any determination concerning whether the incident made
the subject of this suit was preventable or avoidable, please state the determination, the name,
address, telephone number, and position with your company of all persons who were involved in
making such a determination, and provide a brief description of the factual basis for your
determination.

Answer:

Interrogatory No. 20: If you made any determination concerning whether the June 3, 2018,
incident was preventable or avoidable, please state the determination, the name, address, telephone
number, and position with your company of all persons who were involved in making such a
determination, and provide a brief description of the factual basis for your determination.

Answer:
Interrogatory 21 Please identify any and all persons known to you to have made any claims
:

or allegations that Defendant Kifle committed or attempted to commit a criminal act against them.

Answer:

PLAINTIFF’S FIRST REQUESTS FOR PRODUCTION AND INSPECTION

TO DEFENDANTS
23. Plaintiff Doe serves these Requests for Production and Inspection upon Defendants

as allowed by TEX. R. CIV. P. l96. Defendants must produce all requested documents as they are

PZaintifl’s Original Petition and Written Discovery Requests Page 13 of 27

kept in the ordinary course of business or organized and labeled to correspond with categories in

each request for inspection and copying. Pursuant to TEX. R. CIV. P. l96.l(b) and 196.2(a),

Defendants are requested to produce the original or an exact duplicate of the requested documents

by delivering said documents within fifiy days after service of this request to the office of Plaintiff

Doe’s attorney of record at 4407 Bee Caves Road, Building 2, Suite 222, Austin, TX 78746.
A. Instructions

1. For each document or other requested information that you assert is privileged or for any
other reason excludable from discovery, identify that document or other requested information.
State the specific grounds for the claim of privilege or other ground for exclusion. Also, for each
document, state the date of the document; the name, job title, and address of the person who
prepared it; the name, address, and job title of the person to whom it was addressed or circulated
or who saw it; the name, job title, and address of the person now in possession of the document;
and a description of the subject matter of the document.

2. For any requested information about a document that no longer exists or cannot be located,
identify the document, state how and when it passed out of existence, or when it could no longer
be located, and the reason(s) for the disappearance. Also, identify each person having knowledge
about the disposition or loss and identify each document evidencing the existence or non-existence
of each document that cannot be located.

B. Definitions

The following terms are defined as follows:

a. “Plaintiff” holds the same meaning as it does in Plaintiff’ s Original Petition.

b. “Defendant” means the defendant answering these requests for production.

c. “Person” means natural persons, corporations, partnerships, sole proprietors,

unions, associations, federations or any other kind of entity.

(1. “Document” means any and all written, typed, printed, and/or handwritten matter
and all magnetic or other records or documentation of any kind or description,
whether it was mechanically or otherwise recorded matter of whatever character
(including, without limitation, letters, correspondence, including but without
limitation, letters, purchase orders, memoranda, telegrams, notes, catalogues,
brochures, diaries, reports, calendars, inter-or intra- office communications,
statements, investigative reports, announcements, depositions, answers to
interrogatories, pleadings, judgments, newspaper pictures and any carbon or
photographic copies of any such material if you do not have custody or control of

Plainti/Ts Original Petition and Written Discovery Requests Page 14 of 27

 the original. If any document requested to be identified was but is no longer in
existence, state where it is:

1. Missing or lost,
2. Destroyed,
3. Transferred voluntarily or involuntarily to others, and, if so, to whom, or
4. Otherwise disposed of; and in each instance explain the circumstances
surrounding and authorization of such disposition thereof, state the
appropriate date thereof and describe its contents.

e. “You,” “your,” and “yours” shall mean whom

these questions are
the party to
directed as well as his agents, employees, attorneys, investigators and all other
“persons” acting for said party.

f. “Possession, custody, or control” of an item means that the person either has
physical possession of the item or has a right to possession equal or superior to that
of that person who has physical possession of the item.

g. “File”means any collection or group of documents maintained, held, stored, or

used together, including, without limitation, all collections of documents
maintained, held, or stored in folders, note books, or other devises for separating or
organizing documents.

h. “Person” means any natural person, corporation, firm, association, partnership,

joint venture, proprietorship, governmental body, or any other organization,
business, or legal entity.

i. “Relating to” and “relates to” means, without limitation, embodying, mentioning,
or concerning, directly or indirectly, the subject matter identified in the request for
production.

j. “Any and all” or “any and all documents that relate to” are to be interpreted and
applied as inK-Mart Corp. v. Sanderson, 937 S.W.2d 429 (Tex. 1996); and
Chamberlain v. Cherry, 818 S.W.2d 201, 204 (Tex. App—Amarillo 1991).

k. “Concerning” means, in whole or in part, directly or indirectly, referring to, relating

to, connected with commenting on, responding to, showing, describing, analyzing,
reflecting and constituting.

1. “Date” means the exact date, month, and year, if ascertainable, or if not, the best
available approximation.

m. The word “and” means “and/or.”

n. The word “or” means “or/and.”

PIaintzfi”s Original Petition and Written Discovery Requests Page 15 of 27

 REQUESTS FOR PRODUCTION TO DEFENDANT KIFLE
Please produce the following documents and things:

Request No. 1: Any and all photographs, video tapes, drawings, and sketches related to the
incident made the basis of this suit.

Request No. 2: Any and all insurance agreements or policies under which any person or
entity carrying on an insurance business may be liable to satisfy part or all of a judgment which
may be rendered in this action or to indemnify or reimburse payments made to satisfy any judgment
related to the incident made the basis of this suit.

Request No. 3: Any reservation of rights letter regarding your insurance coverage for the
incident made the basis of this suit.

Request No. Copies of any written statements, transcripts and recordings of oral
4:
statements made by any Plaintiff Doe concerning the subj ect matter of this lawsuit.

Request No. 5: Statements of all persons with knowledge of relevant facts.

Request No. 6: A copy of any surveillance movies, video tapes, and photos of Plaintiff
Doe.

Request No. 7: All formal and informal reports and documents prepared by an officer or
employee of any governmental agency which pertain, in any way, to the incident made the basis
of this suit.

Request No. 8: All “claim file materials” from you or your insurers, including file notes,
reports, communications, photographs, witness statements, recorded statements or recorded
statement summaries, written statements, and other materials regarding the incident forming the
basis of this suit generated or received by you or your insurers prior to the date that the Plaintiff
Doe’s notice of representation letter was received by you or your insurers.

Request No. 9: Copies of all certified public records and/or reports related to the incident
made the basis of this suit pursuant to TEX. R. EVID. 803(8) and/or Rule 902(4) and/or Rule 1005.

Request No. 10: Copies of all market reports, commercial publications, or published
compilations that you intend to offer into evidence pursuant to TEX. R. EVID. 803(l7).

Request No. 11: Copies of relevant portions of all learned treatises that you intend to offer
into evidence pursuant to TEX. R. EVID. 803(18).

Request No. 12: Copies of all official publications that you intend to offer into evidence
pursuant to TEX. R. EVID. 902(5).

Plczintifi”s Original Petition and Written Discovery Requests Page 16 of 2 7

 Request No. 13: Copies of all newspapers and periodicals related to the incident made the
basis of this suit pursuant to TEX. R. EVID. 902(6).

Request No. 14: Copies of all summaries of evidence related to the incident made the basis
of this suit pursuant to TEX. R. EVID. 1006.

Request No. 15: Pursuant to Texas Rule of Evidence 609, copies of any records regarding
any conviction of Plaintiffs or any witness with knowledge of relevant facts for a felony or crime
involving moral turpitude and any other documents regarding any criminal history Plaintiff Doe
or any witness with knowledge of relevant facts may have.

Request No. 16: Copies of all medical records and bills you, your attorneys, or your insurers
have regarding any medical treatment received by Plaintiff Doe.

Request No. 17: Copies of all medical records or bills you, your attorneys, or your insurers
have regarding any other injury or medical condition Plaintiff Doe may have had before or after
the incident made the basis of this suit.

Request No. 18: Copies of all your income tax returns, balance sheets, financial statements,
and/or other documents indicating your net worth for the five-year period prior to the incident
made the basis of this suit.

Request No. 19: Copies of all documents related to the reasonableness and necessity of
Plaintiff Doe’s medical expenses incurred as a result of the incident made the basis of this lawsuit.

Request No. 20: Copies of all transcripts of depositions upon written questions taken by
you in this case, and any documents obtained via the depositions upon written questions.

Request No. 21: Copies of all documents obtained by you with the use of authorizations
signed by Plaintiff.

Request No. 22: For any non-testifying, consulting expert witness whose mental
impressions or opinions have been reviewed by any testifying expert in this cause, please provide
copies of all documents, tangible things, reports, models, or data compilations that have been
provided to, reviewed by, or prepared by or for the consulting expert, and the consulting expert's
current resume and bibliography.

Request No. 23: Any and all settlement agreements with any person or entity related in any
way to the incident made the basis of this suit.

Request No. 24: Any and all documents identified and/or referenced in your answers to
interrogatories in this case.

Request No. 25: Any and all exhibits that you intend to offer at the trial of this case.

PIaz'ntifi"s Original Petition and Written Discovery Requests Page 1 7 of 2 7

 Request No. 26: Any and all memos, reports and documents related to the incident and
prepared by you prior to anticipation of litigation.

Request No. 27: Any non-privileged documents related to any partnership

and all
agreements, employment agreements, independent contractor agreements, or any other working
agreement, related to your employment at the time of the incident made the basis of this suit.

Request No. 28: Any and all non-privileged documents related to your status as an
employer, employee, or independent contractor in relation to any other entity at the time of the
incident made the basis of this suit.

Request No. 29: Any and all contracts between you and any other person or entity related
in any way to your employment at the time of the incident made the basis of this suit.

Request No. 3 0: Any and all non-privileged documents, including but not limited to, policy
and procedure manuals, related to any procedures, forms or protocols that were mandated or
suggested for employees and/or independent contractors such as you in connection with the
employees’ or contractors’ execution of his/her duties.

Request No. 31: Copies of any records or documents relating to Plaintiff Doe’s
employment with any individual or entity.

Request No. 32: All documents which support your contention, if any, that the incident
made the basis of this suit resulted from the Plaintiffs own negligence or the negligence of another
person or entity.

Request No. 33: Any and all non-privileged documents related to policies and procedures
concerning the job duties of employees such as you on or about the date of the incident.

Request No. 34: Job Descriptions for your position with Lyft in effect on the date of the
incident.

Request No. 35: All orientation and training records from Lyfl.

Request No. 36: The initial emplom ent application with Lyfl
Request No. 37: All electronically stored computer data pertaining to your activities for
the date of the incident and the four-week period preceding the incident.

Request No. 38: All Incident/Occurrence Reports and addendums thatlpertain to the
'

all
incident made the basis of this suit.

Request No. 39: Your entire personnel file.

Request No. 40: Time sheets and drivers logs for the date of the incident and the 48-hour
period preceding the date of the incident for you.

Plaintifi"s Original Petition and Written Discovery Requests Page 18 of27

 Request No. 41 : Any and all documents reflccting where you were physically located, what
you were doing, who was present with you, during each hour of the 24~hour period leading up to
the occurrence.

Request No. 42: Any and all documents reflecting ownership of the vehicle which you
were driving at the time of the occurrence.

Request No. 43: Any and all documents reflecting where you had been just prior to the
occurrence, where he was going at the time of the occurrence, and the purpose of the trip.

Request No. 44: Any and all documents related to whether you were in the course and
scope of employment with any person or entity at the time of the occurrence.

Request No. 45: A copy of the title to the vehicle being operated by you at the time of the
occurrence.

Request No. 46: A copy of all drawings, maps or sketches of the scene of the occurrence
in question that you may use at the trial of this case.

Request No. 47: All time sheets for you for the 90-day period preceding the occurrence in
question.

Request No. 48: All documents showing the purpose of your travel on the date of the
occurrence, including, but not limited to, memos, work orders, and expense reimbursements.

Request No. 49: All pay stubs, federal W-2 forms, expense reimbursements, commissions,
bonuses and any other documents or tangible evidence reflecting payment of money or benefits
for any reason to you for the 12-month period preceding the occurrence in question.
Request No. 50: Your complete investigative file compiled prior to the time that you
“anticipated litigation” concerning the occurrence in question.

Request No. 51: A

copy of all leases, understandings, memoranda and other documents
relating to the use and possession of the vehicle operated by you at the time of the occurrence in
question.

Request No. 52: Copies of the complete employee manual, instruction manual, policy and
procedure manual and other materials issued to you by any defendant in this case, containing
instructions, directions, suggestions or recommendations for driving and operations.

Request No. 53: Color copies of all post-accident photographs and videotapes of the area
and scene of the occurrence in question.

Request No. 54: Please produce for copying, photographing and/or inspection all physical
evidence that you have preserved arising from the occurrence in question.

Plaintzflk Original Petition and Written Discovery Requests Page 19 of 27

 Request No. 55: Copies of all news articles that you obtained regarding the occurrence in
question.

Request No. 56: A copy of all 91 1 tapes, transcripts or call logs pertaining to the occurrence
in question.

Request No. 57: A copy of your Driver’s Daily Logs with Lyft for the date of the incident
and the 30-day period preceding the incident.

Request No. 58: All documents related to communications sent to or from you involving
any other defendant in this case for the date of the occurrence and the day following the occurrence.

Request N0. 5 9: Your current resume or CV.

Request No. 60: All documents and electronic data related to Lyfi’s granting of access to
you as a Lyfl driver.
Request No. 61: All documents related to any investigation of the incident made the basis
of this suit by Lyft’s “Trust & Safety Team.”
Request No. 62: All documents related to any investigation, by, or on behalf of Lyft, of the
background, qualifications, employment history, or criminal history of you before the incident
made the basis of this suit.
Request No. 63: All documents related to any investigation, by, or on behalf of Lyfc, of the
background, qualifications, employment history, or criminal history of you after the incident made
the basis of this suit.

Request No. 64: All documents related to your employment with or work for any and all ride-for-
hire or transportation companies for which you have worked as an employee or independent
contractor.
REQUESTS FOR PRODUCTION TO DEFENDANT LYFT
Please produce the following documents and things:

Request No. l : Any and all photographs, video tapes, drawings, and sketches related to the
incident made the basis of this suit.

Request N0. 2: Any and all insurance agreements or policies under which any person or
entity carrying on an insurance business may be liable to satisfy part or all of a judgment which
may be rendered in this action or to indemnify or reimburse payments made to satisfy any judgment
related to the incident made the basis of this suit.

Request No. 3: Any reservation of rights letter regarding your insurance coverage for the
incident made the basis of this suit.

Request No. Copies of any written statements, transcripts and recordings of oral
4:
statements made by any Plaintiff concerning the subject matter of this lawsuit.

Plaintifi"s Original Petition and Written Discovery Requests Page 20 of 27