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12/5/2018 5:06 PM

Velva L. Price
District Clerk
Travis County
D-1-GN-18-007220
CAUSE NO.:____________________ D-1-GN-18-007220
Victoria Benavides

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JOSE RAMON AVILA-PALOMO § IN THE DISTRICT COURT OF

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§

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Vs §
§ TRAVIS COUNTY, TEXAS

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DAVID A. FLORES, VRIDE, INC. §
ENTERPRISE HOLDINGS, INC. §

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and CAPITAL METROPOLITAN §

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TRANSPORTATION AUTHORITY §
201st
______ JUDICIAL DISTRICT

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PLAINTIFF’S ORIGINAL PETITION

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AND REQUEST FOR DISCLOSURE

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TO THE HONORABLE COURT:

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NOW COMES PLAINTIFF JOSE RAMON AVILA-PALOMO, complaining of
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DEFENDANTS DAVID A. FLORES, JR., VRIDE, INC., ENTERPRISE HOLDINGS,
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and CAPITAL METROPOLITAN TRANSPORTATION AUTHORITY (collectively


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“Defendants”) and files this his Original Petition and Request for Disclosure and for cause
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of action would show the Court as follows:


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I.
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This case will be conducted under a Level III Discovery Control Plan.
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II.
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PLAINTIFF JOSE RAMON AVILA-PALOMO (“Mr. Avila”) is an individual who


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resided in Travis County, Texas at the time of the incident made the basis of this lawsuit.
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DEFENDANT DAVID A. FLORES, JR. (“Defendant Mr. Flores”) is an individual


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who resides at 9501 N. FM 620, Unit# 5205, Austin, Texas 78726 and may be served with
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citation at that address via private process. Issuance of citation is requested at this time.

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DEFENDANT VRIDE, INC. (“Defendant vRide”) is a corporation with its

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principal place of business at 600 Corporate Park, Attn: Tax Compliance, St. Louis, MO.

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63105-4204 and may be served through its registered agent, CT CORPORATION

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SYSTEM, 350 N. St. Paul Street, Ste. 2900, Dallas, Texas 75201, via private process.

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Issuance of citation is requested at this time.

DEFENDANT ENTERPRISE HOLDINGS, INC. (“Defendant ENTERPRISE”) is

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a Corporation with its principal place of business at 600 Corporate Park, Attn: Tax

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Compliance, St. Louis, MO. 63105-4204 and may be served through its registered agent,
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CT CORPORATION SYSTEM, 350 N. St. Paul Street, Ste. 2900, Dallas, Texas 75201,
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via private process. Issuance of citation is requested at this time.


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DEFENDANT CAPITAL METROPOLITAN TRANSPORTATION


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AUTHORITY (“Defendant CAPMETRO”) is a public body corporate and political


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subdivision organized and existing under Chapter 451, Texas Transportation Code.
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Defendant CAPMETRO and may be served with process by serving its President, Randy
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Clarke, at Defendant CapMetro’s headquarters located at 2910 E. 5th Street, Austin, Texas
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78702, via private process. Issuance of citation is requested at this time.


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III.
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The Court has jurisdiction over this cause of action because damages are within the
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jurisdictional limits of the court. As a general matter, Plaintiff’s counsel believes that the
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amount of damages to be awarded to a claimant is strictly within the province of the jury.
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The damages sought by Plaintiff in this case will not be measured by a specific dollar

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amount as much as they are based on the collective wisdom of a jury. Indeed, the jury will

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be reminded that is solely up to them to award intangible damages for all applicable non-

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economic damages. The jury will also be reminded of the value that we as free Americans

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place on human life and our right to be free from pain and suffering and to pursue happiness

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however we see fit. Despite all of the foregoing, and despite the many objections lodge by

both the defense bar and the plaintiff bar, the rules now provide that Plaintiff must state

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how much money they are seeking in a giving lawsuit. Therefore, due to the rules put in

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place in 2013, and pursuant to Tex. R. Civ. Pro. 47(c)(5), Plaintiff hereby states that he is
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seeking monetary of monetary relief over $200,000 but not more than $1,000,000.
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The Court has personal jurisdiction over defendants because the defendants
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committed some or all the tortious acts made the basis of this action within the State of
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Texas; are residents and/or citizen of the State of Texas; engage in foreseeable, intentional,
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continuous, and/or systematic contacts with Texas; and/or maintains a registered agent for
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service of process in Texas. This court has both general and specific personal jurisdiction.
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Travis County, Texas is proper venue under Texas Civil Practice and Remedies
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Code section 15.002 because Travis County is the county where substantially all of the
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events, actions, or omissions giving rise to the claim occurred.


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IV.
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FACTS
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Plaintiff brings this suit to recover for damages for personal injuries sustained by
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Plaintiff in a collision in Travis Texas, on or about January 11, 2017. Said collision was

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proximately caused by the negligence of Defendants.

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At the time of the occasion in question, Mr. Avila was stopped on the northbound

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on Highway 183 waiting to turn right on Lakeline Blvd., Austin, Travis County. Mr. Avila

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was following all traffic signs and practicing ordinary care. Suddenly and unexpectedly,

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Defendant Mr. Flores rear ended Mr. Avila’s vehicle. Defendant Mr. Flores was traveling

at such a high rate of speed, while distracted by an electronic device in his vehicle, provided

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by Defendant vRide, Enterprise, and/or CapMetro. Mr. Flores failed to control his

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vehicle’s speed and keep a proper lookout. As a result of the collision, Mr. Avila has

suffered significant losses and damages. ct


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V.
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NEGLIGENCE
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A. Defendant Mr. Flores


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Plaintiff allege that upon the occasion in question, Defendant Flores failed to use
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ordinary care by various acts and omissions in at least the following ways:
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a. Failing to control his speed,


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b. Failing to keep a proper lookout;


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c. Failing to use due caution;


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d. Failing to make a timely application of the brakes;


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e. Engaged in driver attention;


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f. Utilizing an electronic device while behind the wheel and in motion of his
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vehicle;

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g. Failed to maintain safe distance between his vehicle and Mr. Avila’s vehicle;

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h. Striking Plaintiff Mr. Palomo’s vehicle which resulted in a collision causing

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injuries.

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Each and all of the above stated acts and/or omissions, taken separately or together,

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constitute negligence and the same are a direct and proximate cause of the injuries and

damages sustained by Plaintiff.

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B. Defendant vRide

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Plaintiff allege that upon the occasion in question, Defendant vRide failed to use
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ordinary care by various acts and omissions in at least the following ways:
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a. Failing to use reasonable care in recruiting and selecting its employees;


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b. Failing to use reasonable care in training and supervising its employees;


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c. Failing to use reasonable care in terminating its incompetent employees;


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and
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d. Negligently entrusting its vehicle to a reckless, incompetent, and/or


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unlicensed driver.
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Each and all of the above stated acts and/or omissions, taken separately or together,
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constitute negligence and the same are a direct and proximate cause of the injuries and
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damages sustained by Plaintiff.


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C. Defendant Enterprise
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Plaintiff allege that upon the occasion in question, Defendant Enterprise failed to
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use ordinary care by various acts and omissions in at least the following ways:

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a. Failing to use reasonable care in recruiting and selecting its employees;

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b. Failing to use reasonable care in training and supervising its employees;

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c. Failing to use reasonable care in terminating its incompetent employees;

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and

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d. Negligently entrusting its vehicle to a reckless, incompetent, and/or

unlicensed driver.

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Each and all of the above stated acts and/or omissions, taken separately or together,

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constitute negligence and the same are a direct and proximate cause of the injuries and

damages sustained by Plaintiff. ct


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D. Defendant CapMetro
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Plaintiff allege that upon the occasion in question, Defendant CapMetro, Inc. failed
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to use ordinary care by various acts and omissions in at least the following ways:
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a. Failing to use reasonable care in recruiting and selecting its employees;


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b. Failing to use reasonable care in training and supervising its employees;


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c. Failing to use reasonable care in terminating its incompetent employees;


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and
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d. Negligently entrusting its vehicle to a reckless, incompetent, and/or


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unlicensed driver.
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Each and all of the above stated acts and/or omissions, taken separately or together,
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constitute negligence and the same are a direct and proximate cause of the injuries and
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damages sustained by Plaintiff.

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VI.

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NEGLIGENCE PER SE

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Moreover, Plaintiff would show that, at the time of the incident in question,

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Defendant Flores violated the Texas Transportation Code in at least one or more of the

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following ways:

a. Driving at a speed greater than reasonable and prudent under the

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circumstances then existing in violation of Texas Transportation Code

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§545.351.

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b. Operating a vehicle while using a portable communication device to
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read, write or send a message while operating a motor vehicle in
violation of the Texas Transportation Code §545.4251.
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Each of the foregoing acts and/or omissions, taken together or individually,


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constitute negligence per se and the same are a direct and proximate cause of the injuries
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and damages sustained by Plaintiff.


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VII.
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At all relevant times herein, all of the agents, servants, or employees of Defendant
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vRide, Enterprise, and CapMetro, to include but not limited to Defendant, Mr. Flores, who
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were in any way connected to this suit were acting within the course and scope of his
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employment or official duties and in furtherance of the duties of his office or employment.
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Therefore, the acts or omissions of those agents, servants, or employees are attributable to
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Defendants vRide, Enterprise, and CapMetro and render them liable for all damages
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suffered by Plaintiff under the doctrine of respondeat superior.


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VIII.

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DAMAGES

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As a result of the incident described above, Plaintiff has suffered severe personal

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injuries including physical pain, mental anguish, permanent bodily impairment, loss of

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consortium, and physical disfigurement and will, with reasonable probability, continue to

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do so in the future by reason of the nature and severity of his injuries and disfigurement.

Plaintiff Mr. Avila has been caused to incur medical expenses, and lost wages in the past

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and will, with reasonable probability, continue to incur medical expenses and loss of

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earning capacity in the future.

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REQUEST FOR DISCLOSURE


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Pursuant to Rule 194 of the Texas Rules of Civil Procedure, Defendants are
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requested to disclose, within fifty (50) days of service of this request, the information or
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material described in Rule 194.2.


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X.
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DISCOVERY TO DEFENDANTS
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Attached and incorporated for all purposes, labeled as Exhibit “A” is Plaintiff’s First
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Set of Requests for Production, First Set of Interrogatories and First Set of Requests for
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Admission, to Defendant David A. Flores, Jr. Also, Exhibit “B”, Plaintiff’s First Set of
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Requests for Production, First Set of Interrogatories and First Set of Requests for
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Admission, to Defendant vRide, is likewise attached and incorporated.


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Also, Exhibit “C”, Plaintiff’s First Set of Requests for Production, and First Set of

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Interrogatories, and First Set of Requests for Admission to Defendant Enterprise, is

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likewise attached and incorporated. Lastly, Exhibit “D”, Plaintiff’s First Set of Requests

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for Production, First Set of Interrogatories and First Set of Requests for Admission, to

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Defendant CapMetro, is likewise attached and incorporated. The Defendants must respond

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to those discovery requests within fifty (50) days of service of this petition with discovery

requests pursuant to the Texas Rules of Civil Procedure.

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XI.

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JURY DEMAND
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Plaintiff respectfully demands a right to have a trial by jury and hereby tenders the
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appropriate jury fee to the clerk.


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PRAYER
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WHEREFORE, PREMISES CONSIDERED, Plaintiff pray that Defendants be cited


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to appear and answer and that upon final hearing, Plaintiff recover judgment against the
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Defendants, jointly and severally, for his damages as they may appear at trial hereof,
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together with punitive damages, prejudgment and post-judgment interest, costs of court,
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and such other relief to which Plaintiff may be entitled.


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Respectfully submitted,
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RAMOS JAMES LAW, PLLC


Laura Ramos James
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P.O. Box 164171


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Austin, Texas 78716


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Phone: 512.537.3369
Fax: 512.253.4512

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attorneylaurapramos@gmail.com

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/s/ Laura Ramos James

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By:__________________________
Laura Ramos James

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24072690

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Attorney for Plaintiff

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EXHIBIT “A”

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PLAINTIFF’S FIRST SET OF REQUESTS FOR PRODUCTION, FIRST SET OF

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INTERROGATORIES, AND FIRST SET OF REQUESTS FOR ADMISSION TO

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DEFENDANT DAVID A. FLORES, JR.

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JOSE RAMON AVILA-PALOMO, Plaintiffs in the above styled and numbered

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cause, by and through their attorney of record, hereby request that you, within fifty (50)

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days from the date you are served with this document, (i) produce the items below under

the section entitled “FIRST REQUESTS FOR PRODUCTION”, (ii) answer the

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interrogatories set of below in the section entitled “FIRST SET OF

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INTERROGATORIES”, and (iii) admit or deny under oath those facts set out below in
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the section entitled “FIRST SET OF REQUESTS FOR ADMISSION”. The items
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requested of you to be produced should be produced at the offices of Ramos James Law,
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P.O. Box 164171, Austin, Texas 78716.


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Demand is made for supplementation of the Defendant’s responses to the Requests


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for Production below as may be required by Rule 193.5, Tex. R. Civ. P.


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DEFINITIONS
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For purposes of the following Requests, the following definitions apply:


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A. Defendant Mr. Flores: As used herein the term "Defendant Mr. Flores”,
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“Driver” or “Defendant” or “Defendant’s” means David A. Flores, Jr . When the term


“Defendants” is used, it shall mean Defendant vRide, Enterprise, and/or CapMetro.
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B. Incident: Unless otherwise defined in a specific request, the term "incident" as


used herein, means the motor vehicle collision alleged in Plaintiff’s Original Petition.
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C. Incident Files and Records: The term "Incident Files and Records", as used
herein, is intended to have broad reference to all forms of recorded information, including
writings and recordings as defined in the Texas Rules of Evidence, and includes written or
Exhibit “A” - PLAINTIFF’S FIRST SET OF REQUESTS FOR PRODUCTION, FIRST SET OF INTERROGATORIES, AND FIRST
SET OF REQUESTS FOR ADMISSION TO DEFENDANT DAVID A. FLORES, JR.
recorded statements, reports, memorandums, correspondence, maps, diagrams, pictures,
blueprints, plats, and other related objects and documents inclusive of any documents,

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letters to or from or records and reports required from the Defendant by other organizations,

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state and/or Federal governmental agencies.

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D. Co-Driver: As used herein "Co-Driver" means any person(s) driving or riding

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with David A. Flores, Jr. from time to time in over the vehicle owned or operated by the
Defendant, and from time to time working for or with Defendants, in the capacity of a co-

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driver and/or driver trainer.

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E. Driver: As used herein, the term "Driver " means Defendant David A. Flores,
Jr..

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F. Driver's Personnel File: The term "Driver's Personnel File", as used herein,

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means those files, records, communications or documents created by the driver, Defendant

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vRide, Enterprise, and/or CapMetro or any other person or organization that contains
documents directed to, received from or about a driver.
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H. Vehicle: The term "Vehicle" or “Commercial Vehicle”, as used herein, unless
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otherwise defined in a specific request herein, means the commercial motor vehicle being
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operated by David A. Flores, Jr. at the time the accident occurred.


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I. Complete and Clearly Readable Copies: As used herein, the terms "complete
and clearly readable copies" means copies that are not reduced in size, unless the document
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being copied exceeds the size of normally available copy paper, and is a complete copy of
the document clearly readable to the average person. Plaintiffs request that each document
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that is reproduced by copy methods to satisfy this request, be reproduced on one page (one
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document per page), separate and apart from all other documents produced. If the copies
reproduced to satisfy any request herein are not clearly readable, plaintiffs request the
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originals be produced for purposes of viewing and copying by the plaintiffs. The originals
will be timely returned to the producing defendant.
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J. Document: means and includes writings of every type and from any source,
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including originals and non-identical copies thereof, that are in your possession, custody, or
control or known by you to exist. This would include documents sent outside your
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organization to any source as well as documents intended for internal use.


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The term also includes communications not only in words, but in symbols, pictures,
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sound recordings, film, tapes and information stored in, or accessible through, computer or
other information storage or retrieval systems. If the information is kept in a computer or
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informational retrieval system, the term also includes codes and programming instructions
and other materials necessary to understand such systems.
Exhibit “A” - PLAINTIFF’S FIRST SET OF REQUESTS FOR PRODUCTION, FIRST SET OF INTERROGATORIES, AND FIRST
SET OF REQUESTS FOR ADMISSION TO DEFENDANT DAVID A. FLORES, JR.
The term includes, but is not limited to: calendars, checkbooks, agenda, agreements,

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analyses, bills, invoices, records of obligations and expenditures, corporate bylaws and

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charters, correspondence, diaries, files, legal documents, financial documents including

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balance sheets and profit and loss statements, letters, memorandum recording telephone or
in-person conferences, manuals, books, press releases, purchase orders, records, schedules,

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memos of interviews, evaluations, written reports of tests or experiments, public relations

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releases, telegrams, teletypes, work papers, drafts of documents, and all other writings

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whose contents relate to the subject matter of the discovery request.

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K. Custodian: means the person or entity with care, custody, control of the item or
document that is subject of inquiry. A request to identify the custodian of any item or

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document is a request to provide the name, address and telephone number of said custodian.

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L. Photograph: means and includes any motion picture, still picture, transparency,
videotape, drawing, sketch, electronic image, negatives or any other recording of any non-
verbal communication in tangible form. ct
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M. Defendants: As used herein the term "Defendants” means Defendants David A.
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Flores, Jr., vRide, Enterprise, and /or CapMetro.


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You are not asked to divulge or provide any information or documents that are
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privileged in nature. However, for each document or other requested information that you
assert is privileged or is not discoverable, identify that document or other requested
information. State the specific grounds for the claim or privilege or other ground for
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exclusion.
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If a requested document once was but is no longer in the possession, custody or


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control of Defendant or any of its representatives, state what disposition was made of such
document.
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If any of these requests cannot be responded to in full, please respond to the extent
possible, specifying the reason for Defendants’ inability to fully respond, and stating
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whatever information or knowledge Defendant has concerning the portion to which


Defendant cannot fully respond.
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Overall v. Southwestern Bell Yellow Pages, 869 S.W.2d 629 (Tex. App. – Houston
[14 Dist.] 1994), no writ, requires a party to send the documents to the requesting party
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along with a copy of the response. Unless there are thousands of documents, a party is not
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permitted to merely make documents available at a specific location.

Pursuant to Rule 193.7, Texas Rules of Civil Procedure, the Defendant is hereby
Exhibit “A” - PLAINTIFF’S FIRST SET OF REQUESTS FOR PRODUCTION, FIRST SET OF INTERROGATORIES, AND FIRST
SET OF REQUESTS FOR ADMISSION TO DEFENDANT DAVID A. FLORES, JR.
notified that Plaintiff reserves the right to use at trial those documents Defendant produces
in response to this and any other discovery request.

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FIRST SET OF REQUESTS FOR PRODUCTION

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1. Those photographs or other electronic images that contain images of the

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underlying facts or that Defendant intends to offer into evidence at trial.
2. Those photographs, movies, videotapes or other visual reproductions that

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Defendant has of the parties, persons with knowledge of relevant facts, the

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facilities, mechanisms or items involved, or scene of the Incident in Question.

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3. Those documents or tangible things prepared by, prepared for, or relied upon, by
any expert whom Defendant expects to call as a witness, including but not limited
to, his/her report, curriculum vitae, factual observations, learned treatises,

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publications, studies, opinions, conclusions, photographs, field notes, calculations,

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models and exhibits. If any such expert has not prepared a report, request is

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hereby made that one be prepared and furnished to Plaintiff’s attorney.
4. Those documents or tangible things prepared by, prepared for, or relied upon, by
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any expert whose work product, opinions, or mental impressions have been, or
will be, reviewed or relied upon, in whole or in part, by a testifying expert. This
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would include, but not be limited to, his/her report, curriculum vitae, factual
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observations, learned treatises, publications, studies, opinions, conclusions,


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photographs, field notes, calculations, models and exhibits.


5. Those documents or tangible things prepared by, prepared for, or relied upon, by
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any expert who has obtained knowledge about the case in some way other than
consulting with Defendant’s attorney. This would include, but not be limited to,
his/her report, curriculum vitae, factual observations, learned treatises,
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publications, studies, opinions, conclusions, photographs, field notes, calculations,


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models and exhibits.


6. Those published documents, treatises, periodicals or pamphlets on the subject of
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medicine, accident reconstruction, any engineering field, and any other area of
scientific study that you claim to be a reliable authority which may be used by you
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at trial.
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7. Those published documents, treatises, periodicals or pamphlets on the subject of


medicine, accident reconstruction, any engineering field, and any other area of
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scientific study that any testifying expert claims to be a reliable authority which
may be used by you at trial.
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8. Those published documents, treatises, periodicals or pamphlets on the subject of


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medicine, accident reconstruction, any engineering field, and any other area of
scientific study that any testifying expert has relied, or will rely, upon to support
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their opinions and mental impressions.


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9. Those documents, reports, publications, codes and regulations evidencing safety


standards, laws, regulations, ordinances, or industry standards which you now
contend or will contend at trial support any defensive theory.
Exhibit “A” - PLAINTIFF’S FIRST SET OF REQUESTS FOR PRODUCTION, FIRST SET OF INTERROGATORIES, AND FIRST
SET OF REQUESTS FOR ADMISSION TO DEFENDANT DAVID A. FLORES, JR.
10. Those documents, reports, publications, codes and regulations evidencing safety
standards, laws, regulations, ordinances, or industry standards that any of your

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testifying experts have relied, or will rely, upon to support their opinions and

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mental impressions.

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11. Those documents, reports, publications, codes and regulations evidencing safety
standards, laws, regulations, ordinances, or industry standards that any of your

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testifying experts claim to be reliable authority which may be used at the time of
trial.

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12. A copy of any contract of employment that would govern Defendant's relationship

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with any other entity or bear on the issue of “course and scope of employment.”

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13. Copies of any and all statements made by Plaintiff Mr. Avila concerning the
subject matter of this lawsuit, including any written statement signed or otherwise
adopted or approved by Plaintiff and any stenographic, mechanical, electrical or

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other type of recording or any transcription thereof.

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14. Those written, taped or mechanically reproduced statements made of any

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Defendant or Plaintiff.
15. Those statements made by the Defendant regarding the Incident in Question to his
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insurance company, its employees, agents, independent contractors, adjusters, or
representatives, not including statements made to Defendant’s attorney.
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16. Those drawings, surveys, plats, maps or sketches of the scene of the Incident in
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Question.
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17. Any document, photographs, or other physical evidence that will be used or
offered at trial.
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18. Those documents and tangible things (including papers, books, accounts,
drawings, graphs, charts, photographs, electronic or videotape recordings, data,
and data compilations) that constitute or contain matters relevant to the subject
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matter of the action.


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19. The entire claim and investigation file, including but not limited to, statements,
reports, videotapes, drawings, memoranda, photographs, and documents,
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regarding the Incident in Question generated or obtained by Defendant,


Defendant's agents, or Defendant’s insurers in the ordinary course of business.
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20. The entire claim and investigation file, including but not limited to, statements,
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reports, videotapes, drawings, memoranda, photographs, and documents,


regarding the Incident in Question generated or obtained by Defendant,
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Defendant's agents, or Defendant’s insurers before the Plaintiff, or Plaintiff’s


attorney, outwardly manifested an intent to pursue a claim against Defendant.
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21. The entire claim and investigation file, including but not limited to, statements,
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reports, videotapes, drawings, memoranda, photographs, and documents,


regarding the Incident in Question generated or obtained by Defendant,
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Defendant's agents, or Defendant’s insurers before the Plaintiff filed his Original
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Petition with the court.


22. Please produce those correspondences, communications, letters, notes of oral
conversations, and all other documents or writings sent to or received from or
Exhibit “A” - PLAINTIFF’S FIRST SET OF REQUESTS FOR PRODUCTION, FIRST SET OF INTERROGATORIES, AND FIRST
SET OF REQUESTS FOR ADMISSION TO DEFENDANT DAVID A. FLORES, JR.
exchanged by and between you and your insurance carrier concerning the subject
matter of this lawsuit, including, but not limited to, any damage to you, the vehicle

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in which you were riding, damage to any personal property, and any personal

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injuries.

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23. Those documents, correspondence, memoranda, notes, or e-mails regarding
communications between your insurance company and the Plaintiff’s insurance

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company regarding the Incident in Question and/or Plaintiff.
24. A copy of each primary, umbrella, and excess insurance policy or agreement,

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including the declarations page, which was in effect at the time of the Incident in

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Question including all non-waiver agreements, reservation of rights letters, or

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other documents or communications regarding any contractual obligations owed
by you.
25. A copy of each primary, umbrella, and excess insurance policy or agreement,

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including the declarations page, which may provide coverage to satisfy all or part

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of any judgment which may be rendered in this litigation including all non-waiver

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agreements, reservation of rights letters, or other documents or communications
regarding any contractual obligations owed by you.
26.
investigation of the Incident in Question. ct
Those documents, reports, photographs, or other written records pertaining to any
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27. Those documents regarding all other claims being currently made against
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Defendant’s insurance policies for the Incident in Question other than by this
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Plaintiff.
28. Those settlement agreements, deals, contracts, understandings, “Mary Carter”
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agreements, or compromises between you or your representatives and any other


party, potential party, or potential third party defendant to this suit or its
representatives, agents, or insurers regarding any compromise, settlement,
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apportionment of liability or financial responsibility, contingent or otherwise, or


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alignment of the parties on any issue with respect to:


a. The Incident in Question;
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b. Plaintiff’s damages;
c. The presentation of any testimony;
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d. Whether or how to conduct any cross-examination;


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e. The performance of discovery; and/or


f. The presentation of any defense, excuse, or inferential rebuttal.
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29. Copies of any document or statement that any witness of Defendant will use or
you anticipate may use to refresh his or her memory, either for deposition or trial.
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30. Those documents and tangible things whose production has not been requested
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pursuant to any other item of this request which you intend to offer into evidence
at trial.
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31. Those documents and tangible things whose production has not been requested
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pursuant to any other item of this request which you do not intend to offer into
evidence at the trial of this case, but which may be used as demonstrative evidence
at trial.
Exhibit “A” - PLAINTIFF’S FIRST SET OF REQUESTS FOR PRODUCTION, FIRST SET OF INTERROGATORIES, AND FIRST
SET OF REQUESTS FOR ADMISSION TO DEFENDANT DAVID A. FLORES, JR.
32. Any information relating to any arrest or conviction to be used for impeachment
purposes against any party, witness, and/or person with knowledge of relevant

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facts named in discovery information provided by or to you before trial. Please

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include the name of the person convicted, the offense for which he or she was

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arrested or convicted, the year of such arrest or conviction, the court of such
conviction, and the disposition of the case or allegation.

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33. Those calendars, journals, diaries, logs, or notes kept by Defendant covering the
month of the Incident in Question.

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34. Those documents regarding Plaintiff Mr. Avila’s employment history, status,

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performance, or compensation obtained by Defendant via an authorization signed

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by Plaintiff, subpoena, deposition on written questions, or otherwise.
35. Those documents regarding Plaintiff Mr. Avila’s medical status, treatment or
history obtained by Defendant via an authorization signed by Plaintiff, subpoena,

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deposition on written questions, or otherwise.

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36. Those documents regarding Plaintiff Mr. Avila’s financial status, earnings history,

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and tax payment history obtained by Defendant via an authorization signed by
Plaintiff, subpoena, deposition on written questions, or otherwise.
37.
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Those documents regarding Plaintiff Mr. Avila’s claims history obtained by
Defendant via an authorization signed by Plaintiff, subpoena, deposition on
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written questions, or otherwise.
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38. Those documents, records, reports, notations, or memoranda regarding the


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Plaintiff from persons or entities that compile claim information, to include but not
limited to, insurance claims, unemployment claims, social security claims, and
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worker’s compensation claims.


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Exhibit “A” - PLAINTIFF’S FIRST SET OF REQUESTS FOR PRODUCTION, FIRST SET OF INTERROGATORIES, AND FIRST
SET OF REQUESTS FOR ADMISSION TO DEFENDANT DAVID A. FLORES, JR.
39. Those statements or documents that show the identity of any witness to the
Incident in Question, or any person with knowledge of relevant facts concerning

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the Incident in Questions, the events leading up to it, or any damage sustained by

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Plaintiffs.

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40. Those documents and tangible things which support your contention that:
a. any act or omission on the part of Plaintiff Mr. Avila caused or contributed

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to the Incident in Question;
b. any factor, other than a. above, contributed to or was the sole cause of the

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Incident in Question, including but not limited to, acts or omissions of

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negligence of any other party or parties, or potential third-party Defendants,

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sudden emergency, unavoidable accident, mechanical defect, or act of God;
c. any factor caused or contributed to the Plaintiff’s damages, including but
not limited to, pre-existing or subsequently existing physical or medical

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condition or conditions of the Plaintiff;

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d. any or all of the medical expenses incurred by Plaintiffs for treatment of

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injuries allegedly resulting from the Incident in Question were not
reasonable and/or necessary;
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Plaintiff’s injuries, if any, were not the result of or caused by the Incident in
Question.
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41. A copy of Driver’s current and all past driver’s licenses.
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42. Those documentations regarding any reprimand, citation, warning letter, license
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suspension, service limitation, license revocation, admission suspension, referral


to the Attorney General, and any other administrative sanction or penalty issued
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by any public entity against you whether or not as a result of the Incident in
Question.
43. Copies of those traffic tickets, warnings issued, criminal charges, and/or regulatory
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violations charged or filed against you.


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44. Those documents regarding any collision in which Driver was involved prior to the
Incident in Question.
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45. Those documents regarding police, military police, fire, and other related
investigations related to the Incident in Question.
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46. Those documents regarding any medication you were taking during the week before,
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and including the day of, the Incident in Question.


47. Those medical records for treatment received by you from a year before the Incident
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in Question for any medical condition whatsoever.


48. Those documents, invoices, receipts or records regarding all cellular or mobile
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telephones owned or used by you on the day of the Incident in Question.


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49. Those documents regarding treatment or prescriptive records from any optometrist
or ophthalmologist for treatment received by you from five years before the Incident
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in Question through present.


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50. Those records or documentation (medical or non-medical) which would indicate


that you had alcohol/drugs (including prescription or non-prescription, legal or
illegal) in your bloodstream or urine at the time or immediately following the
Exhibit “A” - PLAINTIFF’S FIRST SET OF REQUESTS FOR PRODUCTION, FIRST SET OF INTERROGATORIES, AND FIRST
SET OF REQUESTS FOR ADMISSION TO DEFENDANT DAVID A. FLORES, JR.
Incident in Question.
51. Those records or documentation (medical or non-medical) which would indicate

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that you were a regular user of marijuana within one (1) year preceding the

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Incident in Question.

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52. Those records or documentation (medical or non-medical) which would indicate
that you were a regular user of any illegal substance within one (1) year preceding

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the Incident in Question.
53. Complete and clearly readable copies of your personnel file along with any other

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documents contained therein, in their precise state of existence on the date of the

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Incident in Question. This would necessarily include, but not be limited to:

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a. Those pre-employment questionnaires or other documents secured from you
prior to employment.
b. Those completed applications for employment secured both before and/or

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after the actual date of contract or employment with Defendants vRide,

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Enterprise, and/or CapMetro.

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c. Those medical examinations, drug tests and certification of medical
examinations inclusive of expired and non-expired documents for exams or
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tests done while you were employed with Defendant vRide, Enterprise, and/or
CapMetro.
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d. Those of your violation statements and disciplinary records while you were
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employed with any Defendant vRide, Enterprise, and/or CapMetro.


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e. Those actual driver’s road tests administered to you by Defendant vRide,


Enterprise, and/or CapMetro.
f. Those actual driver’s written tests administered to you by Defendant vRide,
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Enterprise, and/or CapMetro .


g. Those road and written test certificates issued by any motor carrier or
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organization to you regardless of the date issued or the originator of such


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certificates.
h. Those past employment inquiries sent to or secured from former employers
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along with all responses received from former employers inclusive of all U.S.
mail, personal contact or telephone inquiries and results directed to or
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received by Defendants vRide, Enterprise, and/or CapMetro from your


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previous employers.
i. Those inquiries to and answers received from any organization in reference to
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your license record of traffic violations and accidents directed to and/or


received by any of the Defendant vRide, Enterprise, and/or CapMetro, or
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other organizations on behalf of Defendant vRide, Enterprise, and/or


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CapMetro, from state or federal governmental agencies, or other


organizations, relative to your traffic and accident record.
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j. Those annual reviews, file reviews or file summaries and related documents
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found in your personnel file.


k. Those documents relative to any drug testing of you; and
l. Those other contents of your personal file, regardless of subject, form,
Exhibit “A” - PLAINTIFF’S FIRST SET OF REQUESTS FOR PRODUCTION, FIRST SET OF INTERROGATORIES, AND FIRST
SET OF REQUESTS FOR ADMISSION TO DEFENDANT DAVID A. FLORES, JR.
purpose, originator, receiver, title or description, including but not limited to:
i. Record of required driving test;

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ii. Record of required written test;

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iii. Disciplinary action;

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iv. Qualification file;
v. Driving records;

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vi. Log books for the six months before and including the date of the
Incident in Question;

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vii. Trip receipts for the six months before and including the date of the

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Incident in Question;

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viii. Results of alcohol and drug testing for a period of two-years prior to
the Incident in Question;
ix. Results of post-Incident in Question alcohol and drug testing;

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x. Permits to carry a gun; and

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xi. Records of all prior motor vehicle accidents while working for or with

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any Defendant.
54. Those other documents added to your personal file from the date of the Incident in
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Question to the present date, as presently maintained by any Defendant. Please
identify and produce such documents separate and apart from the documents
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requested in Request Number 53 herein.
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55. Those other accident or incident files and records maintained by any of the
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Defendants in reference to any other vehicular accident, or incident, prior to the


Incident in Question, where you, your co-driver(s), or driver trainer, was the driver
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of a vehicle involved in the prior accidents or incidents.


56. Those documents reflecting training conducted by Defendant vRide, Enterprise,
and/or CapMetro by its agents, representatives or employees, to include but not
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limited the training, if any, you received on the proper and safe inspection,
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maintenance, and operation of the Vehicle.


57. Those manuals, instructions, guidelines, directives, or memoranda concerning the
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performance or execution of the position held by you at the time of the Incident in
Question.
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58. Those printouts or reports created by the electronic or computer device that you were
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using immediately prior to the collision.


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FIRST SET OF INTERROGATORIES


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1. State your full and complete name, any “CB” radio or nicknames you have used,
or been known by, date of birth, your present home address, telephone number
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and, if different, your complete home address and telephone number at the time
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this incident occurred.

ANSWER:
Exhibit “A” - PLAINTIFF’S FIRST SET OF REQUESTS FOR PRODUCTION, FIRST SET OF INTERROGATORIES, AND FIRST
SET OF REQUESTS FOR ADMISSION TO DEFENDANT DAVID A. FLORES, JR.
2. At the time the incident in question occurred, were you employed? If so, please

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state the following as to such employment:

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a. The identity of each employer, including their complete name(s) and

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address(es);
b. The identity of the person who was your immediate supervisor in reference to

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services you performed at Defendant vRide, Enterprise, and/or CapMetro;
c. The beginning and ending dates of your employment or present status of

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employment with Defendant vRide, Enterprise, and/or CapMetro; and

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d. What your job position and duties were with respect to each employment.

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ANSWER:

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3. At the time of the incident in question, were you acting within the course and

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scope of your employment for your employer listed in response to Interrogatory

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No. 3 or as an independent owner operator who was under contract to Defendant
vRide, Enterprise, and/or CapMetro when the incident occurred? If an
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independent owner operator, identify the other person that had such an agreement
or contract with Defendant vRide, Enterprise, and/or CapMetro.
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ANSWER:
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4. Identify each person, organization, company or corporation who has employed


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you as an employee, or period of self-employment, since 2012 indicating the


approximate dates of employment and termination, your job title and your basic
job description for each.
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ANSWER:
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5. Please list each state that has issued you a motor vehicle driver's license in the past
10 years including those licenses that may have now expired or been canceled,
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withdrawn, suspended or revoked, listing the name of each issuing state and the
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approximate date of issuance and termination for each license held.


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ANSWER:
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6. Have you have ever been convicted of any crime(s)? If so, please provide the
additional following information:
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a. What was the original charge(s) made against you;


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b. What was the charge(s) of which you were convicted;


c. Did you plead guilty to the charge(s) or were you convicted after trial; and
d. What was the penalty imposed against you for each such conviction.
Exhibit “A” - PLAINTIFF’S FIRST SET OF REQUESTS FOR PRODUCTION, FIRST SET OF INTERROGATORIES, AND FIRST
SET OF REQUESTS FOR ADMISSION TO DEFENDANT DAVID A. FLORES, JR.
ANSWER:

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7. In reference to the trip you were engaged in at the time the incident occurred,

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please state:
a. The exact date, location and approximate time of your departure from an origin

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point (address, city and state) where you traveled from that point to the
location where you either loaded the cargo and/or picked up the loaded vehicle

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ultimately involved in the incident;

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b. The location of departure, approximate time, and identity, by complete name

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and address of the location(s) you had left prior to the incident;
c. The identity complete name, address and phone number of the other occupant
of your vehicle; and

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d. Your exact intended destination before the incident took place.

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ANSWER:

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8. Did anyone, after the incident in question occurred, make a recording, either in
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writing or by use of electronic recording equipment of your version of the incident
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either in person or by telephone? If so, please identify each such person and the
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approximate date, time and location of each such occurrence indicating the method
utilized in recording your version of the incident indicating the identity of the
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Custodian of such statement(s).

ANSWER:
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9. Describe in your own words how the collision occurred and state specifically and
in detail what your claim or contention will be regarding any cause or contributing
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cause of the incident, including a statement in detail of the facts or information


upon which this contention is based.
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ANSWER:
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10. Identify (by name, address, telephone number, e-mail address, and any other
contact information reasonably available) any potential party to the subject lawsuit
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with regard to the Incident in Question, including but not limited to any person
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who may be designated as a responsible third party, a named defendant, or a third


party.
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ANSWER:

Exhibit “A” - PLAINTIFF’S FIRST SET OF REQUESTS FOR PRODUCTION, FIRST SET OF INTERROGATORIES, AND FIRST
SET OF REQUESTS FOR ADMISSION TO DEFENDANT DAVID A. FLORES, JR.
FIRST SET OF REQUESTS FOR ADMISSION

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1. Admit that David A. Flores, Jr. is the correct name of Defendant.

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2. Admit that David A. Flores, Jr. is not the correct name of Defendant.

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3. Admit that service of process on Defendant was properly achieved.
4. Admit that service of process on Defendant was not properly achieved.

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5. Admit that on January 11, 2017, a collision occurred in Austin, Travis County,
Texas between a vehicle driven by Defendant Mr. Flores and one driven by

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Plaintiff Mr. Avila.

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6. Admit that you owned the Commercial Vehicle at the time of the Incident in

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Question.
7. Admit that Defendant vRide, Enterprise, and/or CapMetro owned the Commercial
Vehicle at the time of the Incident in Question.

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8. Admit that you were leasing the Commercial Vehicle at the time of the Incident in

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Question.

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9. Admit that Defendant vRide, Enterprise, and/or CapMetro was leasing the
Commercial Vehicle at the time of the Incident in Question.
10.
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Admit that you were driving the Commercial Vehicle that collided into Plaintiff’s
Vehicle.
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11. Admit that Willis of Illinois, Inc. provided an insurance policy covering the
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Commercial Vehicle at the time of the Incident in Question.


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12. Admit that Willis of Illinois, Inc. has a duty to defend you for PLAINTIFF’S
claim as a result of the Incident in Question.
13. Admit that Willis of Illinois Inc. has a duty to indemnify you for the
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PLAINTIFF’S claim as a result of the Incident in Question.


14. Admit that you were an employee of Defendant vRide at the time of the Incident
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in Question. Admit that you were an employee of Defendant Enterprise at the time
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of the Incident in Question.


15. Admit that you were an employee of Defendant CapMetro at the time of the
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Incident in Question.
16. Admit that you were an independent contractor of Defendant vRide at the time of
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the Incident in Question.


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17. Admit that you were an independent contractor of Defendant Enterprise at the time
of the Incident in Question.
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18. Admit that you were an independent contractor of Defendant CapMetro at the time
of the Incident in Question.
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19. Admit that at the time of the Incident in Question you were acting in the course
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and scope of your employment and/or in furtherance of your employment.


20. Admit that at the time of the Incident in Question you were driving the
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Commercial Vehicle with the owner’s permission.


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21. Admit that you were responsible for the proper maintenance of the Commercial
Vehicle at the time of the Incident in question.
22. Admit that Defendant vRide, Enterprise, and/or CapMetro was responsible for the
Exhibit “A” - PLAINTIFF’S FIRST SET OF REQUESTS FOR PRODUCTION, FIRST SET OF INTERROGATORIES, AND FIRST
SET OF REQUESTS FOR ADMISSION TO DEFENDANT DAVID A. FLORES, JR.
proper maintenance of the Commercial Vehicle at the time of the Incident in
Question.

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23. Admit that you were not qualified to operate the Commercial Vehicle at the time

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of the Incident in Question.

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24. Admit that you were not adequately skilled to operate the Commercial Vehicle in
question at the time of the Incident in Question.

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25. Admit that Defendant vRide, Enterprise, and/or CapMetro was responsible for
ensuring all drivers of the Commercial Vehicle were properly qualified and

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possessed adequate skills to operate the Commercial Vehicle at the time of the

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Incident in Question.

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26. Admit that you were responsible for conducting a post-incident investigation, to
include but not limited to, a urinalysis of Driver, following the Incident in
Question.

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27. Admit that Defendant vRide, Enterprise, and/or CapMetro was responsible for

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conducting a post-incident investigation, to include but not limited to, a urinalysis

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of Driver, following the Incident in Question.
28. Admit that you did facilitate, order, supervise or conduct a post-incident urinalysis

29.
following the Incident in Question.
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Admit that you had a moving violation before the Incident in Question.
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30. Admit that Defendant vRide, Enterprise, and/or CapMetro knew that you had had
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a moving violation before the Incident in Question.


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31. Admit that you had not had a previous motor Vehicle incident before the Incident
in Question.
32. Admit that Defendant vRide, Enterprise, and/or CapMetro knew you had had a
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previous motor Vehicle incident before the Incident in Question.


33. Admit that Defendant vRide, Enterprise, and/or CapMetro failed to use ordinary
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care by entrusting the Commercial Vehicle to you.


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34. Admit that Defendant vRide, Enterprise, and/or CapMetro was responsible for
obtaining a complete driving record on you before you were employed.
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35. Admit that Defendant vRide, Enterprise, and/or CapMetro was responsible for
obtaining a complete driving record on you every year you were employed.
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36. Admit that you did not receive training on safe driving before the Incident in
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Question.
37. Admit that you did not receive a driver safety manual.
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38. Admit that you failed to control your speed at the time of the Incident in Question.
39. Admit that your failure to control your speed was a cause of the Incident in
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Question.
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40. Admit that you failed to keep a proper lookout at the time of the Incident in
Question.
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41. Admit that your failure to keep a proper lookout was a cause of the Incident in
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Question.
42. Admit that your failure to keep a proper lookout was not a cause of the Incident in
Question.
Exhibit “A” - PLAINTIFF’S FIRST SET OF REQUESTS FOR PRODUCTION, FIRST SET OF INTERROGATORIES, AND FIRST
SET OF REQUESTS FOR ADMISSION TO DEFENDANT DAVID A. FLORES, JR.
43. Admit that you failed to exercise ordinary care at the time of the Incident in
Question.

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44. Admit that your failure to exercise ordinary care was a cause of the Incident in

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Question.

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45. Admit that you failed to make a timely application of your brakes at the time of
the Incident in Question.

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46. Admit that your failure to make a timely application of your brakes was a cause of
the Incident in Question.

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47. Admit that you failed to exercise due caution at the time of the Incident in

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Question.

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48. Admit that your failure to exercise due caution was a cause of the Incident in
Question.
49. Admit that the Commercial Vehicle is subject to and obligated to comply with the

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U.S. and TX Departmens of Transportation Rules and Regulations.

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50. Admit that you were obligated to comply with the U.S. and TX Department of

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Transportation Rules and Regulations.
51. That the condition (mechanical, operational and/or design) of the Commercial

52. ct
Vehicle has not been altered in any manner from its pre-incident condition.
Admit that the Commercial Vehicle was in proper working condition the day of
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the Incident in Question.
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53. Admit that there was no mechanical condition/defect on the Commercial Vehicle
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at the time of the incident that contributed to the cause of the collision.
54. Admit that Plaintiff suffered personal injuries as a direct result of the Incident in
Question.
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55. Admit that Plaintiff did not suffer personal injuries as a direct result of the Incident
in Question.
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56. Admit that Plaintiff Mr. Avila has incurred medical expenses as a result of the
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Incident in Question.
57. Admit that Plaintiff Mr. Avila will require future medical care for the personal
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injuries he sustained in the Incident in Question.


58. Admit that Plaintiff Mr. Avila has experienced pain and suffering as a result of the
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Incident in Question.
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59. Admit that Plaintiff Mr. Avila will experience future pain and suffering as a result
of the Incident in Question.
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60. Admit that Plaintiff Mr. Avila has experienced physical disfigurement in the past
as a result of the Incident in Question.
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61. Admit that Plaintiff Mr. Avila will experience physical disfigurement in the future
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as a result of the Incident in Question.


62. Admit that Plaintiff Mr. Avila suffered physical impairment in the past as a result
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of the Incident in Question.


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63. Admit that Plaintiff Mr. Avila will suffer physical impairment in the future as a
result of the Incident in Question.
64. Admit that Plaintiff Mr. Avila has suffered lost wages as a result of the Incident in
Exhibit “A” - PLAINTIFF’S FIRST SET OF REQUESTS FOR PRODUCTION, FIRST SET OF INTERROGATORIES, AND FIRST
SET OF REQUESTS FOR ADMISSION TO DEFENDANT DAVID A. FLORES, JR.
Question.
65. Admit that Plaintiff Mr. Avila will suffer a loss of earning capacity in the future as

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a result of the Incident in Question.

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66. Admit that Incident in Question was your fault.

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67. Admit that your negligence was a proximate cause of the Incident in Question.
68. Admit that your negligence resulted in Plaintiff’s personal injuries, pain and

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suffering, lost wages, lost earning capacity and incurred medical expenses.
69. Admit that Plaintiff acted with ordinary care at the time of the Incident in

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Question.

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70. Admit that the collision was not a result of a sudden emergency.

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71. Admit that the collision was avoidable.
72. Admit that there was nothing obstructing your view of the Plaintiff Mr. Avila at
the time of the collision.

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73. Admit that you were under the influence of medication, drugs or alcohol at the

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time of the collision.

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74. Admit that you were using a cellular phone at the time of the collision.
75. Admit that you were using an electronic device at the time of the collision.
76.
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Admit that your use of an electronic device prior to the collision was a proximate
cause of the incident.
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77. Admit that weather conditions were not a factor contributing to the collision.
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78. Admit that road conditions were not a factor contributing to the collision.
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79. Admit that another person or entity other than you did not contribute to the cause
of the Incident in Question.
80. Admit you were distracted at the time of the incident.
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81. Admit you were using a GPS at the time of the incident.
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Exhibit “A” - PLAINTIFF’S FIRST SET OF REQUESTS FOR PRODUCTION, FIRST SET OF INTERROGATORIES, AND FIRST
SET OF REQUESTS FOR ADMISSION TO DEFENDANT DAVID A. FLORES, JR.
EXHIBIT “B”
PLAINTIFF’S FIRST SET OF REQUESTS FOR PRODUCTION, FIRST SET OF

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INTERROGATORIES, AND FIRST SET OF REQUESTS FOR ADMISSION TO

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DEFENDANT VRIDE, INC.

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JOSE RAMOS AVILA-PALOMO, Plaintiff in the above styled and numbered

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cause, by and through his attorney of record, hereby request that you, within fifty (50)

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days from the date you are served with this document, (i) produce the items below under

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the section entitled “FIRST REQUESTS FOR PRODUCTION”, (ii) answer the

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interrogatories set of below in the section entitled “FIRST SET OF

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INTERROGATORIES”, and (iii) admit or deny under oath those facts set out below in

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the section entitled “FIRST SET OF REQUESTS FOR ADMISSION”. The items
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requested of you to be produced should be produced at the offices of Ramos James Law,
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PLLC, P.O. Box 164171, Austin, Texas 78716.


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Demand is made for supplementation of the Defendant’s responses to the Requests


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for Production below as may be required by Rule 193.5, Tex. R. Civ. P.


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DEFINITIONS
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For purposes of the following Requests, the following definitions apply:


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A. Defendant vRide: As used herein the term "Defendant vRide” or “Defendant”


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means , its departments, agencies, and subdivisions, their employees, drivers, independent
contractors, owner operators, trip lessors and their attorneys, investigators, brokers, agents,
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or any other representatives. When the term “Defendants” is used, it shall mean Defendants
v-Ride, Enterprise, CapMetro.
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B. Incident: Unless otherwise defined in a specific request, the term "incident" as


used herein, means the motor vehicle collision alleged in Plaintiff’s Original Petition.
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C. Incident Files and Records: The term "Incident Files and Records", as used
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herein, is intended to have broad reference to all forms of recorded information, including
writings and recordings as defined in the Texas Rules of Evidence, and includes written or

“Exhibit B” - PLAINTIFF’S FIRST SET OF REQUESTS FOR PRODUCTION, FIRST SET OF INTERROGATORIES, AND FIRST
SET OF REQUESTS FOR ADMISSION TO DEFENDANT VRIDE, INC.
recorded statements, reports, memorandums, correspondence, maps, diagrams, pictures,
blueprints, plats, and other related objects and documents inclusive of any documents,

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letters to or from or records and reports required from the Defendants by other

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organizations, state and/or Federal governmental agencies.

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D. Co-Driver: As used herein "Co-Driver" means any person(s) driving or riding

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with Driver, from time to time in over the vehicle owned or operated by the Defendant, and
from time to time working for or with v-Ride, Enterprise, or CapMetro in the capacity of a

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co-driver and/or driver trainer.

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E. Driver: As used herein, the term "Driver " means Defendant Mr. Flores.

F. Driver's Personnel File: The term "Driver's Personnel File", as used herein,

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means those files, records, communications or documents created by the driver, Defendant

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Mr. Flores or any other person or organization that contains documents directed to, received

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from or about a driver.

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H. Vehicle: The term "Vehicle" or “Commercial Vehicle”, as used herein, unless
otherwise defined in a specific request herein, means the commercial motor vehicle being
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operated by Defendant Mr. Flores at the time the accident occurred.
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I. Complete and Clearly Readable Copies: As used herein, the terms "complete
and clearly readable copies" means copies that are not reduced in size, unless the document
being copied exceeds the size of normally available copy paper, and is a complete copy of
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the document clearly readable to the average person. Plaintiff requests that each document
that is reproduced by copy methods to satisfy this request, be reproduced on one page (one
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document per page), separate and apart from all other documents produced. If the copies
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reproduced to satisfy any request herein are not clearly readable, plaintiff requests the
originals be produced for purposes of viewing and copying by the plaintiff. The originals
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will be timely returned to the producing defendant.


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J. Document: means and includes writings of every type and from any source,
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including originals and non-identical copies thereof, that are in your possession, custody, or
control or known by you to exist. This would include documents sent outside your
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organization to any source as well as documents intended for internal use.


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The term also includes communications not only in words, but in symbols, pictures,
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sound recordings, film, tapes and information stored in, or accessible through, computer or
other information storage or retrieval systems. If the information is kept in a computer or
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informational retrieval system, the term also includes codes and programming instructions
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and other materials necessary to understand such systems.

“Exhibit B” - PLAINTIFF’S FIRST SET OF REQUESTS FOR PRODUCTION, FIRST SET OF INTERROGATORIES, AND FIRST
SET OF REQUESTS FOR ADMISSION TO DEFENDANT VRIDE, INC.
The term includes, but is not limited to: calendars, checkbooks, agenda, agreements,
analyses, bills, invoices, records of obligations and expenditures, corporate bylaws and

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charters, correspondence, diaries, files, legal documents, financial documents including

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balance sheets and profit and loss statements, letters, memorandum recording telephone or

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in-person conferences, manuals, books, press releases, purchase orders, records, schedules,
memos of interviews, evaluations, written reports of tests or experiments, public relations

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releases, telegrams, teletypes, work papers, drafts of documents, and all other writings

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whose contents relate to the subject matter of the discovery request.

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K. Custodian: means the person or entity with care, custody, control of the item or
document that is subject of inquiry. A request to identify the custodian of any item or
document is a request to provide the name, address and telephone number of said custodian.

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L. Photograph: means and includes any motion picture, still picture, transparency,

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videotape, drawing, sketch, electronic image, negatives or any other recording of any non-
verbal communication in tangible form.

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You are not asked to divulge or provide any information or documents that are
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privileged in nature. However, for each document or other requested information that you
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assert is privileged or is not discoverable, identify that document or other requested


information. State the specific grounds for the claim or privilege or other ground for
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exclusion.
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If a requested document once was but is no longer in the possession, custody or


control of Defendant or any of its representatives, state what disposition was made of such
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document.
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If any of these requests cannot be responded to in full, please respond to the extent
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possible, specifying the reason for Defendant’s inability to fully respond, and stating
whatever information or knowledge Defendant has concerning the portion to which
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Defendant cannot fully respond.


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Overall v. Southwestern Bell Yellow Pages, 869 S.W.2d 629 (Tex. App. – Houston
lc

[14 Dist.] 1994), no writ, requires a party to send the documents to the requesting party
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along with a copy of the response. Unless there are thousands of documents, a party is not
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permitted to merely make documents available at a specific location.


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Pursuant to Rule 193.7, Texas Rules of Civil Procedure, the Defendant is hereby
of

notified that Plaintiff reserves the right to use at trial those documents Defendant produces
in response to this and any other discovery request.
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“Exhibit B” - PLAINTIFF’S FIRST SET OF REQUESTS FOR PRODUCTION, FIRST SET OF INTERROGATORIES, AND FIRST
SET OF REQUESTS FOR ADMISSION TO DEFENDANT VRIDE, INC.
FIRST SET OF REQUESTS FOR PRODUCTION OF DOCUMENTS

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1. Complete and clearly readable copies of those receipts for trip expenses or purchases

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made by driver or his co-driver during a trip regardless of type of purchase, such as fuel,

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weighing of vehicles, food, lodging, equipment maintenance, repair or equipment cleaning,
special or oversize permits, bridge and/or toll roads, loading or unloading cost, and all

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otherwise described receipts regardless of the type of objects or services purchased.

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2. Complete and clearly readable copies of and those written requests, letters, memoranda,

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instructions, or work orders, for transportation of equipment prepared by Defendant, or

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dispatch or sales personnel, drivers or other persons or organizations relative to the
operations in which the driver was involved in on the day of the incident.

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3. Complete and clearly readable copies of those written instructions, orders, or advice given

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to driver in reference to the work to be performed on the day of the incident, routes to travel,

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locations to purchase fuel, cargo pickup or delivery times issued by Defendant or any of its
employees or representatives.
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4. Complete and clearly readable copies of dispatch and/or operational records indicating
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assignment of driver or employee to specific jobs, transportation and delivery, dates and
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times of pickup and delivery and any other related operational records or documents,
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regardless of form. This specifically includes those dispatch and operational type computer
generated documents and materials indicating the trips, cargo, movements or activities of
driver.
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5. Complete and clearly readable copies of those driver call-in records or otherwise
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described written records indicating communications between Defendant vRide and driver.
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6. Complete and clearly readable copies of those invoices and subsequent payments or
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otherwise described records indicating billings jobs or payment for services performed for
Defendant v-Ride, by driver and/or his co-driver.
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7. Complete and clearly readable copies of the "Personnel File" maintained by Defendant on
Mr. Flores along with those other documents contained therein, in their precise state of
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existence on the date of the accident. Please refer to the following sub-Definitions "F-1
through F-13" herein and follow them closely:
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F-1. Those pre-employment questionnaires or other documents secured from


driver prior to employment.
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F-2. Those completed applications for employment secured both before and/or
after the actual date of contract or employment of driver.

“Exhibit B” - PLAINTIFF’S FIRST SET OF REQUESTS FOR PRODUCTION, FIRST SET OF INTERROGATORIES, AND FIRST
SET OF REQUESTS FOR ADMISSION TO DEFENDANT VRIDE, INC.
F-3. Those medical examinations, drug tests and certification of medical
examinations inclusive of expired and non-expired documents relative to driver.

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F-4. Those of driver's annual violation statements which should include one for

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each twelve months of contract or employment with the Defendant vRide.

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F-5. Those actual driver's motor carrier road tests administered to driver.

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F-6. Those actual driver's motor carrier written tests administered to driver.

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F-7. Those road and written test certificates issued by Defendant vRide or any
other motor carrier or organization to driver regardless of the date issued or the originator of
such certificates.

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F-8. Those past employment inquiries sent to or secured from former employers

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along with all responses received from former employers inclusive of all U. S. mail,
personal contact or telephone inquiries and results directed to or received by Defendant
vRide from past employers of Driver.
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F-9. Those inquiries to and answers received from organizations in reference to
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the driver's license record of traffic violations and accidents directed to and/or received by
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any of the Defendants, or other organizations on behalf of defendants, from state or federal
governmental agencies, or other organizations, relative to driver’s traffic and accident
record.
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F-10. Copies of those road or written test cards, medical cards, motor carrier
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certification of driver qualification cards and any other motor carrier transportation related
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cards in the possession of any of the Defendants regardless of card issuance date or origin.
This specifically includes cards, as previously described herein, issued by other motor
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carriers to driver or his co-driver presently in their personal possession.


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F-11. Those annual reviews, file reviews or file summaries and related
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documents found in the driver qualification file of driver.


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F-12. Those documents relative to any drug testing of driver, and


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F-13. Those other contents of driver’s qualification file, regardless of subject,


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form, purpose, originator, receiver, title or description.


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8. Complete and clearly readable copies of those other documents added to driver's "Driver
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Qualification File" from the date of the accident to the present date, as presently maintained
by Defendant vRide.

“Exhibit B” - PLAINTIFF’S FIRST SET OF REQUESTS FOR PRODUCTION, FIRST SET OF INTERROGATORIES, AND FIRST
SET OF REQUESTS FOR ADMISSION TO DEFENDANT VRIDE, INC.
9. Complete and clearly readable copies of the "Driver Personnel File" and/or otherwise
titled files on driver or in reference to driver’s services, from initial contract or employment

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with Defendant vRide to the present date. Please refer to the following sub-definitions F-1

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through F-3 and follow them closely:

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F-1. Applications for employment, owner/operator or other types of contracts,

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agreements, payroll or money advanced records, attendance records, computer generated
documents and other summary type document regardless of subject, description or form

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relative to driver or the services performed by driver.

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F-2. Hiring, suspension, termination, warning notices, complaints, letters,
memorandums and other similar type documents relative to driver; and

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F-3. Those other documents found in such a file, regardless of description, title,

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form, origin or subject, maintained by the Defendants in reference to driver..

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10. Complete and clearly readable copies of those objects, photographs, drawings, reports,
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statements or otherwise described documents or objects in the possession of any of the
Defendants in reference to the accident as defined herein "excluding only" those written
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documents, materials and objects that can be clearly identified as the work product of the
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defendant's attorneys. This specifically includes those reports and written or electronically
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recorded statements made by any of the defendants to other persons, organizations or


governmental entities.
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11. Complete and clearly readable copies of those other accident or incident files and
records maintained by any of the Defendants in reference to other vehicular accidents, or
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incidents, prior to the occurrence of the accident in question, where driver, or his co-driver
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or driver trainer, was the driver of a vehicle involved in the prior accidents or incidents.
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12. Complete and clearly readable copies of maintenance files and records from January 1,
2012 through the present date maintained by any of the Defendants. In addition, driver daily
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vehicle condition reports submitted by any driver on the motor vehicle driven by driver,
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from thirty days before the date of the accident through the date of the accident in the
possession of any of the Defendants.
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13. Those photographs or other electronic images that contain images of the underlying
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facts or that Defendant intends to offer into evidence at trial.


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14. Those photographs, movies, videotapes or other visual reproductions that Defendant
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has of the parties, persons with knowledge of relevant facts, mechanisms or items
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involved, or scene of the Incident in Question.

“Exhibit B” - PLAINTIFF’S FIRST SET OF REQUESTS FOR PRODUCTION, FIRST SET OF INTERROGATORIES, AND FIRST
SET OF REQUESTS FOR ADMISSION TO DEFENDANT VRIDE, INC.
15. Those documents or tangible things prepared by, prepared for, or relied upon, by any
expert whom Defendant expects to call as a witness, including but not limited to, his/her

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report, curriculum vitae, factual observations, learned treatises, publications, studies,

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opinions, conclusions, photographs, field notes, calculations, models and exhibits. If any

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such expert has not prepared a report, request is hereby made that one be prepared and
furnished to Plaintiff’s attorney.16. Those documents or tangible things prepared by,

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prepared for, or relied upon, by any expert whose work product, opinions, or mental
impressions have been, or will be, reviewed or relied upon, in whole or in part, by a

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testifying expert. This would include, but not be limited to, his/her report, curriculum

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vitae, factual observations, learned treatises, publications, studies, opinions, conclusions,

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photographs, field notes, calculations, models and exhibits.

17. Those documents or tangible things prepared by, prepared for, or relied upon, by any

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expert who has obtained knowledge about the case in some way other than consulting

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with Defendant’s attorney. This would include, but not be limited to, his/her report,

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curriculum vitae, factual observations, learned treatises, publications, studies, opinions,
conclusions, photographs, field notes, calculations, models and exhibits.
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18. Those published documents, treatises, periodicals or pamphlets on the subject of
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medicine, accident reconstruction, any engineering field, and any other area of scientific
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study that you claim to be a reliable authority that may be used by you at trial.
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19. Those published documents, treatises, periodicals or pamphlets on the subject of


medicine, accident reconstruction, any engineering field, and any other area of scientific
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study that any testifying expert claims to be a reliable authority that may be used by you
at trial.
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20. Those published documents, treatises, periodicals or pamphlets on the subject of


medicine, accident reconstruction, any engineering field, and any other area of scientific
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study that any testifying expert has relied, or will rely, upon to support their opinions and
mental impressions.
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21. Those documents, reports, publications, codes and regulations evidencing safety
standards, laws, regulations, ordinances, or industry standards which you now contend or
lc

will contend at trial support any defensive theory.


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22. Those documents, reports, publications, codes and regulations evidencing safety
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standards, laws, regulations, ordinances, or industry standards that any of your testifying
experts have relied, or will rely, upon to support their opinions and mental impressions.
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23. Those documents, reports, publications, codes and regulations evidencing safety
standards, laws, regulations, ordinances, or industry standards that any of your testifying

“Exhibit B” - PLAINTIFF’S FIRST SET OF REQUESTS FOR PRODUCTION, FIRST SET OF INTERROGATORIES, AND FIRST
SET OF REQUESTS FOR ADMISSION TO DEFENDANT VRIDE, INC.
experts claim to be reliable authority which may be used at the time of trial.

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24. A copy of contract(s) of employment that would govern Defendant's relationship with

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any other entity or bear on the issue of “course and scope of employment.”

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25. Copies of those statements made by Plaintiff concerning the subject matter of this

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lawsuit, including written statement(s) signed or otherwise adopted or approved by
Plaintiff and stenographic, mechanical, electrical or other type of recording(s) or any

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transcription thereof.

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26. Those written, taped or mechanically reproduced statement made of any Defendant or
Plaintiff.

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27. Those statements made by the Defendant regarding the Incident in Question to his

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insurance company, its employees, agents, independent contractors, adjusters, or

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representatives, not including statements made to Defendant’s attorney.

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28. Those drawings, surveys, plats, maps or sketches of the scene of the Incident in
Question.
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29. Those documents, photographs, or other physical evidence that will be used or
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offered at trial.

30. Those documents and tangible things (including papers, books, accounts, drawings,
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graphs, charts, photographs, electronic or videotape recordings, data, and data


compilations) that constitute or contain matters relevant to the subject matter of the
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action.
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31. The entire claim and investigation file, including but not limited to, statements,
Tr

reports, videotapes, drawings, memoranda, photographs, and documents, regarding the


Incident in Question generated or obtained by Defendant, Defendant’s agents, or insurers
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in the ordinary course of business.


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32. The entire claim and investigation file, including but not limited to, statements,
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reports, videotapes, drawings, memoranda, photographs, and documents, regarding the


Incident in Question generated or obtained by Defendant, Defendant’s agents, or insurers
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before the Plaintiff, or Plaintiff’s attorney, outwardly manifested an intent to pursue a


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claim against Defendant.


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33. Please produce the correspondence, communications, letters, notes of oral


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conversations, and all other documents or writings sent to or received from or exchanged
by and between you and your insurance carrier concerning the subject matter of this
lawsuit, including, but not limited to, damage to driver, the commercial motor vehicle

“Exhibit B” - PLAINTIFF’S FIRST SET OF REQUESTS FOR PRODUCTION, FIRST SET OF INTERROGATORIES, AND FIRST
SET OF REQUESTS FOR ADMISSION TO DEFENDANT VRIDE, INC.
driven by driver on the date of the subject incident, damage to personal property, and
personal injuries.

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34. Those documents, correspondence, memoranda, notes, or e-mails regarding

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communications between your insurance company and the Plaintiff’s insurance company
regarding the Incident in Question and/or Plaintiff.

L.
35. A copy of each primary, umbrella, and excess insurance policy or agreement,

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including the declarations page, which was in effect at the time of the Incident in

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Question including all non-waiver agreements, reservation of rights letters, or other

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documents or communications regarding any contractual obligations owed by you.

36. A copy of each primary, umbrella, and excess insurance policy or agreement,

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including the declarations page, which may provide coverage to satisfy all or part of any

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judgment which may be rendered in this litigation including all non-waiver agreements,

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reservation of rights letters, or other documents or communications regarding any
contractual obligations owed by you.
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37. Those documents, reports, photographs, or other written records pertaining to any
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investigation of the Incident in Question.
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38. Those documents regarding other claims being currently made against Defendant’s
insurance policies for the Incident in Question other than by these Plaintiffs.
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39. Those settlement agreements, deals, contracts, understandings, “Mary Carter”


agreements, or compromises between you or your representatives and any other party,
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potential party, or potential third party defendant to this suit or its representatives, agents,
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or insurers regarding any compromise, settlement, apportionment of liability or financial


responsibility, contingent or otherwise, or alignment of the parties on any issue with
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respect to:
a. The Incident in Question;
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b. Plaintiff’s damages;
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c. The presentation of any testimony;


d. Whether or how to conduct any cross-examination;
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e. The performance of discovery; and/or


f. The presentation of any defense, excuse, or inferential rebuttal.
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40. Copies of any document or statement that any witness of Defendant will use or you
anticipate may use to refresh his or her memory, either for deposition or trial.
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41. Documents showing information relating to arrests or convictions to be used for


impeachment purposes against any party, witness, and/or person with knowledge of
relevant facts named in discovery information provided by or to you before trial. Please

“Exhibit B” - PLAINTIFF’S FIRST SET OF REQUESTS FOR PRODUCTION, FIRST SET OF INTERROGATORIES, AND FIRST
SET OF REQUESTS FOR ADMISSION TO DEFENDANT VRIDE, INC.
include the name of the person convicted, the offense for which he or she was arrested or
convicted, the year of such arrest or conviction, the court of such conviction, and the

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disposition of the case or allegation.

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42. Those documents regarding Plaintiff’s employment history, status, performance, or
compensation obtained by Defendant via an authorization signed by Plaintiff, subpoena,

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deposition on written questions, or otherwise.

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43. Those documents regarding Plaintiff’s medical status, treatment or history obtained

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by Defendant via an authorization signed by Plaintiff, subpoena, deposition on written

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questions, or otherwise.

44. Those documents regarding Plaintiff’s financial status, earnings history, and tax

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payment history obtained by Defendant via an authorization signed by Plaintiff,

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subpoena, deposition on written questions, or otherwise.

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45. Those documents regarding Plaintiff’s claims history obtained by Defendant via an
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authorization signed by Plaintiff, subpoena, deposition on written questions, or otherwise.
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46. Those documents, records, reports, notations, or memoranda regarding the Plaintiff
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from persons or entities that compile claim information, to include but not limited to,
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insurance claims, unemployment claims, social security claims, and worker’s


compensation claims.
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47. Those statements or documents that show the identity of any witness to the Incident
in Question, or any person with knowledge of relevant facts concerning the Incident in
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Questions, the events leading up to it, or any damage sustained by Plaintiff.


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48. Those documents and tangible things which support your contention that:
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a. any act or omission on the part of Plaintiff Mr. Avila caused or


contributed to the Incident in Question;
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b. any factor, other than a. above, contributed to or was the sole


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cause of the Incident in Question, including but not limited to,


acts or omissions of negligence of any other party or parties, or
lc

potential third-party Defendants, sudden emergency, unavoidable


accident, mechanical defect, or act of God;
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c. any factor caused or contributed to the Plaintiff’s damages,


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including but not limited to, pre-existing or subsequently existing


physical or medical condition or conditions of the Plaintiff;
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d. any or all of the medical expenses incurred by Plaintiff for


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treatment of injuries allegedly resulting from the Incident in


Question were not reasonable and/or necessary;

“Exhibit B” - PLAINTIFF’S FIRST SET OF REQUESTS FOR PRODUCTION, FIRST SET OF INTERROGATORIES, AND FIRST
SET OF REQUESTS FOR ADMISSION TO DEFENDANT VRIDE, INC.
e. Plaintiff’s injuries, if any, were not the result of or caused by the
Incident in Question.

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49. A copy of Driver’s current and all past driver’s licenses. Those documentation
regarding reprimand(s), citation(s), warning letter(s), license suspension(s), service

L.
limitation(s), license revocation(s), admission suspension(s), referral(s) to the Attorney
General, and other administrative sanction(s) or penalty(ies) issued by any public entity

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against Driver whether or not as a result of the Incident in Question.

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50. Copies of those traffic tickets, warnings issued, criminal charges, and/or regulatory
violations charged or filed against Driver.

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51. Those documents regarding medication(s) Driver was taking during the week before,

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and including the day of, the Incident in Question.

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52. Those documents, invoices, receipts or records regarding all cellular or mobile
telephones owned or used by Driver on the day of the Incident in Question.
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53. Those documents regarding treatment or prescriptive records from optometrist(s) or


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ophthalmologist(s) for treatment received by from five years before the Incident in Question
through present.
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54. Those records or documentation (medical or non-medical) which would indicate that
Driver had alcohol/drugs (including prescription or non-prescription, legal or illegal) in
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his/her bloodstream or urine at the time or immediately following the Incident in


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Question.
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55. Those records or documentation (medical or non-medical) which would indicate that
Driver was a regular user of marijuana within one (1) year preceding the Incident in
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Question.
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56. Those records or documentation (medical or non-medical) which would indicate that
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Driver was a regular user of illegal substances within one (1) year preceding the Incident
in Question.
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57. Those documents reflecting training conducted by Defendant vRide, by its agents,
representatives or employees, to include but not limited the training, if any, Driver
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received on the proper and safe inspection, maintenance, and operation of the Vehicle.
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58. Copies of those of Defendant’s policies, procedures, and programs concerning:


a. Driver and Fleet Safety;

“Exhibit B” - PLAINTIFF’S FIRST SET OF REQUESTS FOR PRODUCTION, FIRST SET OF INTERROGATORIES, AND FIRST
SET OF REQUESTS FOR ADMISSION TO DEFENDANT VRIDE, INC.
b. Vehicle maintenance standards, including the standards for the
parts used to maintain and repair equipment;

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c. Driver standards;

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d. Mechanic standards;

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e. Dispatcher standards;
f. Driver compensation;

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g. Hiring and firing drivers;
h. Training drivers;

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i. Monitoring drivers; and

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j. Termination and discipline of drivers.

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k. Electronic usage provided by employer/s or owned by Driver.

59. Copies of those loss control reports made by Defendant’s insurance carriers concerning

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the Defendant’s operations from five years ago to the present.

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60. Copies of those documentation regarding corporate structure and formation of
Defendant, including but not limited to Articles of Incorporation, Charter, Bylaws, and other
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documents that identify all parent companies, joint ventures, partners or subsidiaries of
Defendant.
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61. Copies of audits, inspections, surveys, or statistics of Defendant’s driver safety policy,
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procedure, or practice by any insurer’s private consultants or government entities.

62. Copies of those documents relating to investigation, citation or compliance review of


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Defendant conducted by the Department of Transportation or aother governmental agency,


insurance company or private consultant.
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63. Copies of those registrations, titles, state permits, purchase orders and specifications for
the commercial motor vehicle driven by Driver on the date of the incident subject of this
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lawsuit.
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64. Copies of those accident reports for incidents in which the commercial motor vehicle
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involved including the incident serving as the basis of this lawsuit.


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65. Documents showing the type, make, and model of computer equipment that was in
the vehicle driven by driver at the time of the collision.
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66. Sample application form that Defendant Mr. Flores was given or had to fill out in order
to apply for employment for the job that he was performing when the accident took place, if
of

any.
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“Exhibit B” - PLAINTIFF’S FIRST SET OF REQUESTS FOR PRODUCTION, FIRST SET OF INTERROGATORIES, AND FIRST
SET OF REQUESTS FOR ADMISSION TO DEFENDANT VRIDE, INC.
FIRST SET OF INTERROGATORIES

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1. Please state the name and address and the official capacity of the person or persons

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answering these interrogatories on behalf of the DEFENDANT VRIDE.

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ANSWER:

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2. Is DEFENDANT VRIDE incorporated under the laws of any state or foreign

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country? If so, please state:

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a. The state and/or county of registration;
b. The address of its principal place of business or registered office;
c. The date of commencement of business by the corporation; and

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d. The business in which it is authorized to engage.

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ANSWER:

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3. Is the Defendant's organization (company, corporation and etc.) a wholly owned
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subsidiary of another legal entity? If so, please state the name and address of the
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legal entity.
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ANSWER:
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4. At the time of the incident which is the subject of this litigation was driver employed
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or contracted with by DEFENDANT VRIDE? If so, please state:


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a. The complete job title, description and position of driver, and if he was
employed or contracted with or for, while performing services for
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DEFENDANT VRIDE;
b. The initial date that driver was employed or contracted with as a driver
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for DEFENDANT VRIDE;


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c. The identity of the person(s) that authorized contract or employment of


driver as a driver with DEFENDANT V-RIDE; and
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d. The identity of the person(s) that processed and qualified driver.


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ANSWER:
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5. In reference to the vehicle driven by driver involved in the incident, please state:
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“Exhibit B” - PLAINTIFF’S FIRST SET OF REQUESTS FOR PRODUCTION, FIRST SET OF INTERROGATORIES, AND FIRST
SET OF REQUESTS FOR ADMISSION TO DEFENDANT VRIDE, INC.
a. The identity of the owner(s) of the motor vehicle on the date of the
incident and the equipment unit number assigned to it by

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DEFENDANT VRIDE;

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b. The year, make, model, unladen weight, number of axles and tires,

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license plate number along with year and issuing state and vehicle
identification numbers (serial numbers) of the motor vehicle;

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d. Was the motor vehicle equipped with any type of tach-o-graph, GPS,
computer trip recorder or other electronic device? If so, please identify

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the device;

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e. Was the motor vehicle equipped with any type of geographical

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location device? If so, please identify the device;
f. Was the motor vehicle equipped with any type of speed governor? If
so please, identify the device; and

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g. What was the top speed of the motor vehicle?

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ANSWER:

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6. At the time the incident in question occurred, was driver solely working and/or
performing services for and on behalf of DEFENDANT VRIDE and no other person
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or motor carrier? If you answered this interrogatory in the negative, please identify
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the person(s) and/or entity(s) on whose behalf driver was performing services?
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ANSWER:
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7. Is DEFENDANT VRIDE aware of any witnesses (excluding law enforcement


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officers and emergency response personnel) who allegedly witnessed any facts
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leading up to the incident in question, the facts at the scene of the incident or facts
that occurred shortly after the occurrence of the incident? If so, please state:
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a. The identity of each such person (excluding law enforcement


personnel and emergency response personnel);
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b. If, in writing or by use of electronic recording equipment, any


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statement was taken from any of the identified witnesses; If so, please
identify all such witnesses; and
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c. If any electronically recorded statements were transcribed; If so, please


identify each such document and the present custodian thereof.
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ANSWER:
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8. Did DEFENDANT VRIDE make a report in writing to any other person or


organization in reference to the incident in question? If so, please state:

“Exhibit B” - PLAINTIFF’S FIRST SET OF REQUESTS FOR PRODUCTION, FIRST SET OF INTERROGATORIES, AND FIRST
SET OF REQUESTS FOR ADMISSION TO DEFENDANT VRIDE, INC.
a. The identity of the person preparing each such report;
b. The identity of the person(s) or organization(s) for which the report(s)

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were prepared;

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c. The identity of the present custodian of copies of each such report.

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ANSWER:

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9. Describe the type of business activity in which your company was engaged and

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specifically in which the vehicle owned by you and driven by driver at the time of

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the collision was engaged at said time.

ANSWER:

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10. Please describe in reasonable detail any contention you have that Plaintiff Mr. Avila

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had any contributory negligence in the incident and the factual bases for your
contention.

ANSWER: ct
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11. Please describe in reasonable detail any contention you have regarding any third
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party causing in part or in whole Plaintiff’s damages and/or the Incident in questions
and the factual bases for your contention as well as the name, address, and telephone
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number of said third party(s).

ANSWER:
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12. Please list the names for other employees who performed the same job as Defendant
Mr. Flores for the time period of a year before the accident and a year after the
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accident, including their name, last known address and telephone number.
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ANSWER:
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13. Please briefly describe the application, selection and hiring process followed for
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Defendant Mr. Flores, including documents and information requested from


Defendant Mr. Flores, the name of the person that conducted the interview, and any
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interviews, training or tests administered.


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ANSWER:
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FIRST SET OF REQUESTS FOR ADMISSIONS TO

“Exhibit B” - PLAINTIFF’S FIRST SET OF REQUESTS FOR PRODUCTION, FIRST SET OF INTERROGATORIES, AND FIRST
SET OF REQUESTS FOR ADMISSION TO DEFENDANT VRIDE, INC.
1. Admit that VRIDE, Inc. is the correct name of Defendant.
2. Admit that service of process on Defendant was properly achieved.

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3. Admit that on January 11, 2017, a collision occurred at the intersection of

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Lakeline Blvd, and Highway 183 in Austin, Travis County, Texas between

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Defendant DAVID A. FLORES and Plaintiff JOSE RAMON AVILA-
PALOMO.

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4. Admit that you owned the Commercial Vehicle at the time of the Incident in
Question.

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5. Admit that Driver owned the Commercial Vehicle at the time of the Incident in

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Question.

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6. Admit that you were leasing the Commercial Vehicle at the time of the Incident
in Question.

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7. Admit that Driver was leasing the Commercial Vehicle at the time of the

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Incident in Question.
8. Admit that Willis of Illinois, Inc. provided an insurance policy covering the

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Commercial Vehicle at the time of the Incident in Question.
9. Admit that Willis of Illinois, Inc. has a duty to defend you for Plaintiff’s claim
as a result of the Incident in Question. ct
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10. Admit that Willis of Illinois, Inc. has a duty to indemnify you for the Plaintiff’s
claim as a result of the Incident in Question.
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11. Admit that Driver was driving the Commercial Vehicle at the time of the
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Incident in Question.
12. Admit that at the time of the Incident in Question Driver was driving the
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Commercial Vehicle with the owner’s permission.


13. Admit that Driver was an employee of yours at the time of the Incident in
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Question.
14. Admit that Driver was an independent contractor of yours at the time of the
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Incident in Question.
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15. Admit that at the time of the Incident in Question Driver was acting in the
course and scope of his employment and/or in furtherance of his employment.
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16. Admit that Defendant, v-Ride, was responsible for the proper maintenance of
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the Commercial Vehicle at the time of the Incident in Question.


17. Admit that Driver was not qualified to operate the Motor Vehicle at the time of
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the Incident in Question.


18. Admit that Driver was not adequately skilled to operate the Motor Vehicle at the
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time of the Incident in Question.


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19. Admit that you were responsible for ensuring all drivers of the Motor Vehicle
were properly qualified and possessed adequate skills to operate the Commercial
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Vehicle at the time of the Incident in Question.


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20. Admit that you were responsible for conducting a post-incident investigation, to
include but not limited to, a urinalysis of Driver, following the Incident in
Question.

“Exhibit B” - PLAINTIFF’S FIRST SET OF REQUESTS FOR PRODUCTION, FIRST SET OF INTERROGATORIES, AND FIRST
SET OF REQUESTS FOR ADMISSION TO DEFENDANT VRIDE, INC.
21. Admit that Driver was responsible for conducting a post-incident investigation,
to include but not limited to, a urinalysis of Driver, following the Incident in

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Question.

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22. Admit that you failed to properly select/hire, train, supervise and/or retain Driver.

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23. Admit that you were responsible for obtaining a complete driving record on
Driver before you employed Driver.

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24. Admit that Driver was incompetent at driving the Commercial Vehicle before
the Incident in Question.

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25. Admit that you knew Driver was incompetent at driving the Commercial

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Vehicle before the Incident in Question.

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26. Admit that Driver was unlicensed at the time of the Incident in Question.
27. Admit that Driver was licensed at the time of the Incident in Question.
28. Admit that you knew Driver was unlicensed at the time of the Incident in

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Question.
29. Admit that you knew Driver was licensed at the time of the Incident in Question.

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30. Admit that Driver had exhibited reckless driving behavior before the Incident in
Question.
31.
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Admit you knew Driver had exhibited reckless driving behavior before the
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Incident in Question.
32. Admit that Driver had a previous motor vehicle incident before the Incident in
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Question.
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33. Admit that Driver had a moving violation before the Incident in Question.
34. Admit that you knew Driver had had a moving violation before the Incident in
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Question.
35. Admit that you knew Driver had a previous motor vehicle incident before the
Incident in Question.
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36. Admit that you failed to use ordinary care by entrusting the Commercial Vehicle
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to Driver.
37. Admit that you had no Driver safety training program in place prior to and
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including the date of the Incident in Question.


38. Admit that you did not have a Driver safety manual in place prior to and
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including the date of the Incident in Question.


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39. Admit that Driver did not receive training on safe driving prior to and including
the date of the Incident in Question.
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40. Admit that Driver did not receive a Driver safety manual prior to and including
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the date of the Incident in Question.


41. Admit that Driver failed to control his speed at the time of the Incident in
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Question.
42. Admit that Driver’s failure to control speed was a proximate cause of the
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Incident in Question.
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43. Admit that Driver failed to keep a proper lookout at the time of the Incident in
Question.
44. Admit that Driver’s failure to keep a proper lookout was a proximate cause of
“Exhibit B” - PLAINTIFF’S FIRST SET OF REQUESTS FOR PRODUCTION, FIRST SET OF INTERROGATORIES, AND FIRST
SET OF REQUESTS FOR ADMISSION TO DEFENDANT VRIDE, INC.
the Incident in Question.
45. Admit that Driver failed to exercise ordinary care at the time of the Incident in

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Question.

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46. Admit that Driver’s failure to exercise ordinary care was a proximate cause of

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the Incident in Question.
47. Admit that Driver failed to make a timely application of his brakes at the time of

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the Incident in Question.
48. Admit that Driver’s failure to make a timely application of his brakes was a

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proximate cause of the Incident in Question.

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49. Admit that Driver failed to exercise due caution at the time of the Incident in

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Question.
50. Admit that Driver’s failure to exercise due caution was a cause of the Incident in
Question.

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51. Admit that the Commercial Vehicle is subject to and obligated to comply with:

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United States and Texas Department of Transportation Rules and Regulations.

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52. Admit that you were subject to and obligated to comply with: United States and
Texas Department of Transportation Rules and Regulations.
53.
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Admit that the condition (mechanical, operational and/or design) of the
Commercial Vehicle has been altered from its pre-incident condition.
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54. Admit that the Commercial Vehicle was in proper working condition the day of
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the Incident in Question.


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55. Admit that there was no mechanical condition/defect on the Commercial


Vehicle at the time of the incident that contributed to the cause of the collision.
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56. Admit that Plaintiff suffered personal injuries as a direct result of the Incident in
Question.
57. Admit that Plaintiff have incurred medical expenses as a result of the Incident in
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Question.
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58. Admit that Plaintiff will require future medical care for the personal injuries he
sustained in the Incident in Question.
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59. Admit that Plaintiff has experienced pain and suffering as a result of the
Incident in Question.
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60. Admit that Plaintiff will experience future pain and suffering as a result of the
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Incident in Question.
61. Admit that Plaintiff has experienced physical disfigurement in the past as a
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result of the Incident in Question.


62. Admit that Plaintiff will experience physical disfigurement in the future as a
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result of the Incident in Question.


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63. Admit that Plaintiff has suffered physical impairment in the past as a result of
the Incident in Question.
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64. Admit that Plaintiff has suffered physical impairment as a result of the Incident
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in Question.
65. Admit that Plaintiff will suffer lost wages in the future as a result of the Incident
in Question.

“Exhibit B” - PLAINTIFF’S FIRST SET OF REQUESTS FOR PRODUCTION, FIRST SET OF INTERROGATORIES, AND FIRST
SET OF REQUESTS FOR ADMISSION TO DEFENDANT VRIDE, INC.
66. Admit that Plaintiff will suffer a loss of earning capacity in the future as a result
of the Incident in Question.

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67. Admit that Incident in Question was Driver’s fault.

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68. Admit that your negligence was a proximate cause of the Incident in Question.

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69. Admit that your negligence resulted in Plaintiff’s personal injuries, pain and
suffering, lost wages, lost earning capacity and incurred medical expenses.

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70. Admit that weather conditions were a factor that contributed to the Incident in
Question.

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71. Admit that road conditions were a factor that contributed to the Incident in

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Question.

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72. Admit that Driver’s view of Plaintiff was obstructed at the time of the Incident
in Question.
73. Admit that the collision was avoidable.

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74. Admit that the collision was not the result of a sudden emergency.

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75. Admit that Driver was under the influence of drugs, alcohol or medication at the

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time of the Incident in Question.
76. Admit that Driver was speaking on a cellular telephone at the time of the

77.
Incident in Question.
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Admit the Driver was distracted by an electronic device at the time of the
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Incident.
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78. Admit the Driver was working on his electronic device at the time of this
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Incident, while driving for Defendant.


79. Admit the Driver being distracted by an electronic device at the time of the
Incident proximately caused the incident in question.
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80. Admit the Driver working on his electronic device at the time of this Incident,
while driving for Defendant, was a proximate cause of the incident in question.
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81. Admit that Plaintiff acted with ordinary care at the time of the Incident in
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Question.
82. Admit that another person or entity other than Driver did not contribute to the
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cause of the Incident in Question.


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“Exhibit B” - PLAINTIFF’S FIRST SET OF REQUESTS FOR PRODUCTION, FIRST SET OF INTERROGATORIES, AND FIRST
SET OF REQUESTS FOR ADMISSION TO DEFENDANT VRIDE, INC.
EXHIBIT “C”
PLAINTIFF’S FIRST SET OF REQUESTS FOR PRODUCTION, FIRST SET OF

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INTERROGATORIES, AND FIRST SET OF REQUESTS FOR ADMISSION TO

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DEFENDANT ENTERPRISE HOLDING, INC.

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JOSE RAMOS AVILA-PALOMO, Plaintiff in the above styled and numbered

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cause, by and through his attorney of record, hereby request that you, within fifty (50)

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days from the date you are served with this document, (i) produce the items below under

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the section entitled “FIRST REQUESTS FOR PRODUCTION”, (ii) answer the

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interrogatories set of below in the section entitled “FIRST SET OF

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INTERROGATORIES”, and (iii) admit or deny under oath those facts set out below in

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the section entitled “FIRST SET OF REQUESTS FOR ADMISSION”. The items
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requested of you to be produced should be produced at the offices of Ramos James Law,
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PLLC, P.O. Box 164171, Austin, Texas 78716.


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Demand is made for supplementation of the Defendant’s responses to the Requests


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for Production below as may be required by Rule 193.5, Tex. R. Civ. P.


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DEFINITIONS
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For purposes of the following Requests, the following definitions apply:


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A. Defendant Enterprise: As used herein the term "Defendant Enterprise” or


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“Defendant” means its departments, agencies, and subdivisions, their employees, drivers,
independent contractors, owner operators, trip lessors and their attorneys, investigators,
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brokers, agents, or any other representatives. When the term “Defendants” is used, it shall
mean Defendants Mr. Flores, v-Ride, Enterprise Holdings and CapMetro.
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B. Incident: Unless otherwise defined in a specific request, the term "incident" as


used herein, means the motor vehicle collision alleged in Plaintiff’s Original Petition.
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C. Incident Files and Records: The term "Incident Files and Records", as used
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herein, is intended to have broad reference to all forms of recorded information, including
writings and recordings as defined in the Texas Rules of Evidence, and includes written or
Exhibit “C” - PLAINTIFF’S FIRST SET OF REQUESTS FOR PRODUCTION, FIRST SET OF INTERROGATORIES, AND FIRST
SET OF REQUESTS FOR ADMISSION TO DEFENDANT ENTERPRISE
recorded statements, reports, memorandums, correspondence, maps, diagrams, pictures,
blueprints, plats, and other related objects and documents inclusive of any documents,

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letters to or from or records and reports required from the Defendants by other

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organizations, state and/or Federal governmental agencies.

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D. Co-Driver: As used herein "Co-Driver" means any person(s) driving or riding

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with Driver, from time to time in over the vehicle owned or operated by the Defendant, and
from time to time working for or with v-Ride, Enterprise, CapMetro in the capacity of a co-

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driver and/or driver trainer.

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E. Driver: As used herein, the term "Driver " means Defendant Mr. Flores.

F. Driver's Personnel File: The term "Driver's Personnel File", as used herein,

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means those files, records, communications or documents created by the driver, Defendant

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Mr. Flores or any other person or organization that contains documents directed to, received

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from or about a driver.

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H. Vehicle: The term "Vehicle" or “Commercial Vehicle”, as used herein, unless
otherwise defined in a specific request herein, means the commercial motor vehicle being
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operated by Defendant Mr. Flores at the time the accident occurred.
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I. Complete and Clearly Readable Copies: As used herein, the terms "complete
and clearly readable copies" means copies that are not reduced in size, unless the document
being copied exceeds the size of normally available copy paper, and is a complete copy of
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the document clearly readable to the average person. Plaintiff requests that each document
that is reproduced by copy methods to satisfy this request, be reproduced on one page (one
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document per page), separate and apart from all other documents produced. If the copies
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reproduced to satisfy any request herein are not clearly readable, plaintiff requests the
originals be produced for purposes of viewing and copying by the plaintiff. The originals
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will be timely returned to the producing defendant.


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J. Document: means and includes writings of every type and from any source,
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including originals and non-identical copies thereof, that are in your possession, custody, or
control or known by you to exist. This would include documents sent outside your
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organization to any source as well as documents intended for internal use.


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The term also includes communications not only in words, but in symbols, pictures,
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sound recordings, film, tapes and information stored in, or accessible through, computer or
other information storage or retrieval systems. If the information is kept in a computer or
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informational retrieval system, the term also includes codes and programming instructions
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and other materials necessary to understand such systems.

Exhibit “C” - PLAINTIFF’S FIRST SET OF REQUESTS FOR PRODUCTION, FIRST SET OF INTERROGATORIES, AND FIRST
SET OF REQUESTS FOR ADMISSION TO DEFENDANT ENTERPRISE
The term includes, but is not limited to: calendars, checkbooks, agenda, agreements,
analyses, bills, invoices, records of obligations and expenditures, corporate bylaws and

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charters, correspondence, diaries, files, legal documents, financial documents including

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balance sheets and profit and loss statements, letters, memorandum recording telephone or

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in-person conferences, manuals, books, press releases, purchase orders, records, schedules,
memos of interviews, evaluations, written reports of tests or experiments, public relations

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releases, telegrams, teletypes, work papers, drafts of documents, and all other writings

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whose contents relate to the subject matter of the discovery request.

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K. Custodian: means the person or entity with care, custody, control of the item or
document that is subject of inquiry. A request to identify the custodian of any item or
document is a request to provide the name, address and telephone number of said custodian.

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L. Photograph: means and includes any motion picture, still picture, transparency,

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videotape, drawing, sketch, electronic image, negatives or any other recording of any non-
verbal communication in tangible form.

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You are not asked to divulge or provide any information or documents that are
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privileged in nature. However, for each document or other requested information that you
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assert is privileged or is not discoverable, identify that document or other requested


information. State the specific grounds for the claim or privilege or other ground for
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exclusion.
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If a requested document once was but is no longer in the possession, custody or


control of Defendant or any of its representatives, state what disposition was made of such
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document.
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If any of these requests cannot be responded to in full, please respond to the extent
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possible, specifying the reason for Defendants’ inability to fully respond, and stating
whatever information or knowledge Defendant has concerning the portion to which
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Defendant cannot fully respond.


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Overall v. Southwestern Bell Yellow Pages, 869 S.W.2d 629 (Tex. App. – Houston
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[14 Dist.] 1994), no writ, requires a party to send the documents to the requesting party
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along with a copy of the response. Unless there are thousands of documents, a party is not
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permitted to merely make documents available at a specific location.


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Pursuant to Rule 193.7, Texas Rules of Civil Procedure, the Defendant is hereby
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notified that Plaintiff reserves the right to use at trial those documents Defendant produces
in response to this and any other discovery request.
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Exhibit “C” - PLAINTIFF’S FIRST SET OF REQUESTS FOR PRODUCTION, FIRST SET OF INTERROGATORIES, AND FIRST
SET OF REQUESTS FOR ADMISSION TO DEFENDANT ENTERPRISE
FIRST SET OF REQUESTS FOR PRODUCTION OF DOCUMENTS

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1. Complete and clearly readable copies of those receipts for trip expenses or purchases

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made by driver or his co-driver during a trip regardless of type of purchase, such as fuel,

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weighing of vehicles, food, lodging, equipment maintenance, repair or equipment cleaning,
special or oversize permits, bridge and/or toll roads, loading or unloading cost, and all

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otherwise described receipts regardless of the type of objects or services purchased.

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2. Complete and clearly readable copies of and those written requests, letters, memoranda,

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instructions, or work orders, for transportation of equipment prepared by Defendants, or

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dispatch or sales personnel, drivers or other persons or organizations relative to the
operations in which the driver was involved in on the day of the incident.

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3. Complete and clearly readable copies of those written instructions, orders, or advice given

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to driver in reference to the work to be performed on the day of the incident, routes to travel,

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locations to purchase fuel, cargo pickup or delivery times issued by Defendant or any of its
employees or representatives.
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4. Complete and clearly readable copies of dispatch and/or operational records indicating
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assignment of driver or employee to specific jobs, transportation and delivery, dates and
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times of pickup and delivery and any other related operational records or documents,
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regardless of form. This specifically includes those dispatch and operational type computer
generated documents and materials indicating the trips, cargo, movements or activities of
driver.
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5. Complete and clearly readable copies of those driver call-in records or otherwise
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described written records indicating communications between Defendant Enterprise and


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driver.
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6. Complete and clearly readable copies of those invoices and subsequent payments or
otherwise described records indicating billings jobs or payment for services performed for
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Defendant v-Ride, by driver and/or his co-driver.


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7. Complete and clearly readable copies of the "Personnel File" maintained by Defendant on
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Mr. Flores along with those other documents contained therein, in their precise state of
existence on the date of the accident. Please refer to the following sub-Definitions "F-1
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through F-13" herein and follow them closely:


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F-1. Those pre-employment questionnaires or other documents secured from


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driver prior to employment.


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F-2. Those completed applications for employment secured both before and/or
after the actual date of contract or employment of driver.
Exhibit “C” - PLAINTIFF’S FIRST SET OF REQUESTS FOR PRODUCTION, FIRST SET OF INTERROGATORIES, AND FIRST
SET OF REQUESTS FOR ADMISSION TO DEFENDANT ENTERPRISE
F-3. Those medical examinations, drug tests and certification of medical

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examinations inclusive of expired and non-expired documents relative to driver.

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F-4. Those of driver's annual violation statements which should include one for
each twelve months of contract or employment with the Defendant Enterprise.

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F-5. Those actual driver's motor carrier road tests administered to driver.

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F-6. Those actual driver's motor carrier written tests administered to driver.

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F-7. Those road and written test certificates issued by Defendant Enterprise or
any other motor carrier or organization to driver regardless of the date issued or the

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originator of such certificates.

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F-8. Those past employment inquiries sent to or secured from former employers
along with all responses received from former employers inclusive of all U. S. mail,
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personal contact or telephone inquiries and results directed to or received by Defendant
Enterprise from past employers of Driver.
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F-9. Those inquiries to and answers received from organizations in reference to


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the driver's license record of traffic violations and accidents directed to and/or received by
any of the Defendants, or other organizations on behalf of defendants, from state or federal
governmental agencies, or other organizations, relative to driver’s traffic and accident
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record.
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F-10. Copies of those road or written test cards, medical cards, motor carrier
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certification of driver qualification cards and any other motor carrier transportation related
cards in the possession of any of the Defendants regardless of card issuance date or origin.
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This specifically includes cards, as previously described herein, issued by other motor
carriers to driver or his co-driver presently in their personal possession.
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F-11. Those annual reviews, file reviews or file summaries and related
documents found in the driver qualification file of driver.
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F-12. Those documents relative to any drug testing of driver, and


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F-13. Those other contents of driver’s qualification file, regardless of subject,


form, purpose, originator, receiver, title or description.
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8. Complete and clearly readable copies of those other documents added to driver's "Driver
Qualification File" from the date of the accident to the present date, as presently maintained
by Defendant ENTERPRISE.
Exhibit “C” - PLAINTIFF’S FIRST SET OF REQUESTS FOR PRODUCTION, FIRST SET OF INTERROGATORIES, AND FIRST
SET OF REQUESTS FOR ADMISSION TO DEFENDANT ENTERPRISE
9. Complete and clearly readable copies of the "Driver Personnel File" and/or otherwise

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titled files on driver or in reference to driver’s services, from initial contract or employment

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with Defendant ENTERPRISE to the present date. Please refer to the following sub-

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definitions F-1 through F-3 and follow them closely:

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F-1. Applications for employment, owner/operator or other types of contracts,
agreements, payroll or money advanced records, attendance records, computer generated

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documents and other summary type document regardless of subject, description or form

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relative to driver or the services performed by driver.

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F-2. Hiring, suspension, termination, warning notices, complaints, letters,
memorandums and other similar type documents relative to driver; and

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F-3. Those other documents found in such a file, regardless of description, title,

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form, origin or subject, maintained by the Defendants in reference to driver.

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10. Complete and clearly readable copies of those objects, photographs, drawings, reports,
statements or otherwise described documents or objects in the possession of any of the
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Defendants in reference to the accident as defined herein "excluding only" those written
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documents, materials and objects that can be clearly identified as the work product of the
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defendant's attorneys. This specifically includes those reports and written or electronically
recorded statements made by any of the defendants to other persons, organizations or
governmental entities.
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11. Complete and clearly readable copies of those other accident or incident files and
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records maintained by any of the Defendants in reference to other vehicular accidents, or


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incidents, prior to the occurrence of the accident in question, where driver, or his co-driver
or driver trainer, was the driver of a vehicle involved in the prior accidents or incidents.
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12. Complete and clearly readable copies of maintenance files and records from January 1,
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2012 through the present date maintained by any of the Defendants. In addition, driver daily
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vehicle condition reports submitted by any driver on the motor vehicle driven by driver,
from thirty days before the date of the accident through the date of the accident in the
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possession of any of the Defendants.


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13. Those photographs or other electronic images that contain images of the underlying
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facts or that Defendant intends to offer into evidence at trial.


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14. Those photographs, movies, videotapes or other visual reproductions that Defendant
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has of the parties, persons with knowledge of relevant facts, mechanisms or items
involved, or scene of the Incident in Question.

Exhibit “C” - PLAINTIFF’S FIRST SET OF REQUESTS FOR PRODUCTION, FIRST SET OF INTERROGATORIES, AND FIRST
SET OF REQUESTS FOR ADMISSION TO DEFENDANT ENTERPRISE
15. Those documents or tangible things prepared by, prepared for, or relied upon, by any
expert whom Defendant expects to call as a witness, including but not limited to, his/her

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report, curriculum vitae, factual observations, learned treatises, publications, studies,

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opinions, conclusions, photographs, field notes, calculations, models and exhibits. If any

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such expert has not prepared a report, request is hereby made that one be prepared and
furnished to Plaintiff’s attorney.16. Those documents or tangible things prepared by,

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prepared for, or relied upon, by any expert whose work product, opinions, or mental
impressions have been, or will be, reviewed or relied upon, in whole or in part, by a

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testifying expert. This would include, but not be limited to, his/her report, curriculum

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vitae, factual observations, learned treatises, publications, studies, opinions, conclusions,

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photographs, field notes, calculations, models and exhibits.

17. Those documents or tangible things prepared by, prepared for, or relied upon, by any

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expert who has obtained knowledge about the case in some way other than consulting

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with Defendant’s attorney. This would include, but not be limited to, his/her report,

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curriculum vitae, factual observations, learned treatises, publications, studies, opinions,
conclusions, photographs, field notes, calculations, models and exhibits.
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18. Those published documents, treatises, periodicals or pamphlets on the subject of
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medicine, accident reconstruction, any engineering field, and any other area of scientific
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study that you claim to be a reliable authority that may be used by you at trial.
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19. Those published documents, treatises, periodicals or pamphlets on the subject of


medicine, accident reconstruction, any engineering field, and any other area of scientific
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study that any testifying expert claims to be a reliable authority that may be used by you
at trial.
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20. Those published documents, treatises, periodicals or pamphlets on the subject of


medicine, accident reconstruction, any engineering field, and any other area of scientific
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study that any testifying expert has relied, or will rely, upon to support their opinions and
mental impressions.
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21. Those documents, reports, publications, codes and regulations evidencing safety
standards, laws, regulations, ordinances, or industry standards which you now contend or
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will contend at trial support any defensive theory.


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22. Those documents, reports, publications, codes and regulations evidencing safety
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standards, laws, regulations, ordinances, or industry standards that any of your testifying
experts have relied, or will rely, upon to support their opinions and mental impressions.
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23. Those documents, reports, publications, codes and regulations evidencing safety
standards, laws, regulations, ordinances, or industry standards that any of your testifying

Exhibit “C” - PLAINTIFF’S FIRST SET OF REQUESTS FOR PRODUCTION, FIRST SET OF INTERROGATORIES, AND FIRST
SET OF REQUESTS FOR ADMISSION TO DEFENDANT ENTERPRISE
experts claim to be reliable authority which may be used at the time of trial.

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24. A copy of contract(s) of employment that would govern Defendant's relationship with

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any other entity or bear on the issue of “course and scope of employment.”

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25. Copies of those statements made by Plaintiff concerning the subject matter of this

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lawsuit, including written statement(s) signed or otherwise adopted or approved by
Plaintiff and stenographic, mechanical, electrical or other type of recording(s) or any

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transcription thereof.

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26. Those written, taped or mechanically reproduced statement made of any Defendant or
Plaintiff.

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27. Those statements made by the Defendant regarding the Incident in Question to his

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insurance company, its employees, agents, independent contractors, adjusters, or

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representatives, not including statements made to Defendant’s attorney.

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28. Those drawings, surveys, plats, maps or sketches of the scene of the Incident in
Question.
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29. Those documents, photographs, or other physical evidence that will be used or
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offered at trial.

30. Those documents and tangible things (including papers, books, accounts, drawings,
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graphs, charts, photographs, electronic or videotape recordings, data, and data


compilations) that constitute or contain matters relevant to the subject matter of the
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action.
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31. The entire claim and investigation file, including but not limited to, statements,
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reports, videotapes, drawings, memoranda, photographs, and documents, regarding the


Incident in Question generated or obtained by Defendant, Defendants’ agents, or
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Defendants’ insurers in the ordinary course of business.


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32. The entire claim and investigation file, including but not limited to, statements,
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reports, videotapes, drawings, memoranda, photographs, and documents, regarding the


Incident in Question generated or obtained by Defendant, Defendants’ agents, or
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Defendants’ insurers before the Plaintiff, or Plaintiff’s attorney, outwardly manifested an


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intent to pursue a claim against Defendant.


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33. Please produce the correspondence, communications, letters, notes of oral


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conversations, and all other documents or writings sent to or received from or exchanged
by and between you and your insurance carrier concerning the subject matter of this
lawsuit, including, but not limited to, damage to driver, the commercial motor vehicle
Exhibit “C” - PLAINTIFF’S FIRST SET OF REQUESTS FOR PRODUCTION, FIRST SET OF INTERROGATORIES, AND FIRST
SET OF REQUESTS FOR ADMISSION TO DEFENDANT ENTERPRISE
driven by driver on the date of the subject incident, damage to personal property, and
personal injuries.

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34. Those documents, correspondence, memoranda, notes, or e-mails regarding

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communications between your insurance company and the Plaintiff’s insurance company
regarding the Incident in Question and/or Plaintiff.

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35. A copy of each primary, umbrella, and excess insurance policy or agreement,

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including the declarations page, which was in effect at the time of the Incident in

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Question including all non-waiver agreements, reservation of rights letters, or other

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documents or communications regarding any contractual obligations owed by you.

36. A copy of each primary, umbrella, and excess insurance policy or agreement,

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including the declarations page, which may provide coverage to satisfy all or part of any

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judgment which may be rendered in this litigation including all non-waiver agreements,

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reservation of rights letters, or other documents or communications regarding any
contractual obligations owed by you.
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37. Those documents, reports, photographs, or other written records pertaining to any
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investigation of the Incident in Question.
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38. Those documents regarding other claims being currently made against Defendants’
insurance policies for the Incident in Question other than by this Plaintiff.
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39. Those settlement agreements, deals, contracts, understandings, “Mary Carter”


agreements, or compromises between you or your representatives and any other party,
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potential party, or potential third party defendant to this suit or its representatives, agents,
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or insurers regarding any compromise, settlement, apportionment of liability or financial


responsibility, contingent or otherwise, or alignment of the parties on any issue with
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respect to:
a. The Incident in Question;
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b. Plaintiff’s damages;
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c. The presentation of any testimony;


d. Whether or how to conduct any cross-examination;
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e. The performance of discovery; and/or


f. The presentation of any defense, excuse, or inferential rebuttal.
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40. Copies of any document or statement that any witness of Defendant will use or you
anticipate may use to refresh his or her memory, either for deposition or trial.
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41. Documents showing information relating to arrests or convictions to be used for


impeachment purposes against any party, witness, and/or person with knowledge of
relevant facts named in discovery information provided by or to you before trial. Please
Exhibit “C” - PLAINTIFF’S FIRST SET OF REQUESTS FOR PRODUCTION, FIRST SET OF INTERROGATORIES, AND FIRST
SET OF REQUESTS FOR ADMISSION TO DEFENDANT ENTERPRISE
include the name of the person convicted, the offense for which he or she was arrested or
convicted, the year of such arrest or conviction, the court of such conviction, and the

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disposition of the case or allegation.

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42. Those documents regarding Plaintiff’s employment history, status, performance, or
compensation obtained by Defendant via an authorization signed by Plaintiff, subpoena,

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deposition on written questions, or otherwise.

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43. Those documents regarding Plaintiff’s medical status, treatment or history obtained

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by Defendant via an authorization signed by Plaintiff, subpoena, deposition on written

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questions, or otherwise.

44. Those documents regarding Plaintiff’s financial status, earnings history, and tax

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payment history obtained by Defendant via an authorization signed by Plaintiff,

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subpoena, deposition on written questions, or otherwise.

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45. Those documents regarding Plaintiff’s claims history obtained by Defendant via an
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authorization signed by Plaintiff, subpoena, deposition on written questions, or otherwise.
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46. Those documents, records, reports, notations, or memoranda regarding the Plaintiff
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from persons or entities that compile claim information, to include but not limited to,
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insurance claims, unemployment claims, social security claims, and worker’s


compensation claims.
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47. Those statements or documents that show the identity of any witness to the Incident
in Question, or any person with knowledge of relevant facts concerning the Incident in
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Questions, the events leading up to it, or any damage sustained by Plaintiff.


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48. Those documents and tangible things which support your contention that:
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a. any act or omission on the part of Plaintiff Mr. Avila caused or


contributed to the Incident in Question;
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b. any factor, other than a. above, contributed to or was the sole


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cause of the Incident in Question, including but not limited to,


acts or omissions of negligence of any other party or parties, or
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potential third-party Defendants, sudden emergency, unavoidable


accident, mechanical defect, or act of God;
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c. any factor caused or contributed to the Plaintiff’s damages,


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including but not limited to, pre-existing or subsequently existing


physical or medical condition or conditions of the Plaintiff;
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d. any or all of the medical expenses incurred by Plaintiff for


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treatment of injuries allegedly resulting from the Incident in


Question were not reasonable and/or necessary;

Exhibit “C” - PLAINTIFF’S FIRST SET OF REQUESTS FOR PRODUCTION, FIRST SET OF INTERROGATORIES, AND FIRST
SET OF REQUESTS FOR ADMISSION TO DEFENDANT ENTERPRISE
e. Plaintiff’s injuries, if any, were not the result of or caused by the
Incident in Question.

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49. A copy of Driver’s current and all past driver’s licenses. Those documentation
regarding reprimand(s), citation(s), warning letter(s), license suspension(s), service

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limitation(s), license revocation(s), admission suspension(s), referral(s) to the Attorney
General, and other administrative sanction(s) or penalty(ies) issued by any public entity

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against Driver whether or not as a result of the Incident in Question.

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50. Copies of those traffic tickets, warnings issued, criminal charges, and/or regulatory
violations charged or filed against Driver.

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51. Those documents regarding medication(s) Driver was taking during the week before,

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and including the day of, the Incident in Question.

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52. Those documents, invoices, receipts or records regarding all cellular or mobile
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telephones owned or used by Driver on the day of the Incident in Question.
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53. Those documents regarding treatment or prescriptive records from optometrist(s) or
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ophthalmologist(s) for treatment received by from five years before the Incident in Question
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through present.

54. Those records or documentation (medical or non-medical) which would indicate that
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Driver had alcohol/drugs (including prescription or non-prescription, legal or illegal) in


his/her bloodstream or urine at the time or immediately following the Incident in
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Question.
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55. Those records or documentation (medical or non-medical) which would indicate that
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Driver was a regular user of marijuana within one (1) year preceding the Incident in
Question.
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56. Those records or documentation (medical or non-medical) which would indicate that
Driver was a regular user of illegal substances within one (1) year preceding the Incident
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in Question.
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57. Those documents reflecting training conducted by Defendant Enterprise, by its


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agents, representatives or employees, to include but not limited the training, if any,
Driver received on the proper and safe inspection, maintenance, and operation of the
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Vehicle.
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58. Copies of those of Defendant’s policies, procedures, and programs concerning:


a. Driver and Fleet Safety;
Exhibit “C” - PLAINTIFF’S FIRST SET OF REQUESTS FOR PRODUCTION, FIRST SET OF INTERROGATORIES, AND FIRST
SET OF REQUESTS FOR ADMISSION TO DEFENDANT ENTERPRISE
b. Vehicle maintenance standards, including the standards for the
parts used to maintain and repair equipment;

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c. Driver standards;

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d. Mechanic standards;

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e. Dispatcher standards;
f. Driver compensation;

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g. Hiring and firing drivers;
h. Training drivers;

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i. Monitoring drivers; and

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j. Termination and discipline of drivers.

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k. Electronic usage provided by employer/s or owned by Driver.

59. Copies of those loss control reports made by Defendant’s insurance carriers concerning

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the Defendant’s operations from five years ago to the present.

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60. Copies of those documentation regarding corporate structure and formation of
Defendant, including but not limited to Articles of Incorporation, Charter, Bylaws, and other
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documents that identify all parent companies, joint ventures, partners or subsidiaries of
Defendant.
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61. Copies of audits, inspections, surveys, or statistics of Defendant’s driver safety policy,
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procedure, or practice by any insurer’s private consultants or government entities.

62. Copies of those documents relating to investigation, citation or compliance review of


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Defendant conducted by the Department of Transportation or other governmental agency,


insurance company or private consultant.
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63. Copies of those registrations, titles, state permits, purchase orders and specifications for
the commercial motor vehicle driven by Driver on the date of the incident subject of this
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lawsuit.
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64. Copies of those accident reports for incidents in which the commercial motor vehicle
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involved including the incident serving as the basis of this lawsuit.


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65. Documents showing the type, make, and model of computer equipment that was in
the vehicle driven by driver at the time of the collision.
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66. Sample application form that Defendant Mr. Flores was given or had to fill out in
order to apply for employment for the job that he was performing when the accident took
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place, if any.
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Exhibit “C” - PLAINTIFF’S FIRST SET OF REQUESTS FOR PRODUCTION, FIRST SET OF INTERROGATORIES, AND FIRST
SET OF REQUESTS FOR ADMISSION TO DEFENDANT ENTERPRISE
FIRST SET OF INTERROGATORIES

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1. Please state the name and address and the official capacity of the person or persons

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answering these interrogatories on behalf of the DEFENDANT ENTERPRISE.

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ANSWER:

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2. Is DEFENDANT ENTERPRISE incorporated under the laws of any state or foreign

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country? If so, please state:

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a. The state and/or county of registration;
b. The address of its principal place of business or registered office;
c. The date of commencement of business by the corporation; and

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d. The business in which it is authorized to engage.

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ANSWER:

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3. Is the Defendant's organization (company, corporation and etc.) a wholly owned
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subsidiary of another legal entity? If so, please state the name and address of the
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legal entity.
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ANSWER:
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4. At the time of the incident which is the subject of this litigation was driver employed
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or contracted with by DEFENDANT ENTERPRISE? If so, please state:


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a. The complete job title, description and position of driver, and if he was
employed or contracted with or for, while performing services for
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DEFENDANT ENTERPRISE;
b. The initial date that driver was employed or contracted with as a driver
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for DEFENDANT ENTERPRISE;


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c. The identity of the person(s) that authorized contract or employment of


driver as a driver with DEFENDANT ENTERPRISE; and
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d. The identity of the person(s) that processed and qualified driver.


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ANSWER:
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5. In reference to the vehicle driven by driver involved in the incident, please state:
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Exhibit “C” - PLAINTIFF’S FIRST SET OF REQUESTS FOR PRODUCTION, FIRST SET OF INTERROGATORIES, AND FIRST
SET OF REQUESTS FOR ADMISSION TO DEFENDANT ENTERPRISE
a. The identity of the owner(s) of the motor vehicle on the date of the
incident and the equipment unit number assigned to it by

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DEFENDANT ENTERPRISE;

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b. The year, make, model, unladen weight, number of axles and tires,

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license plate number along with year and issuing state and vehicle
identification numbers (serial numbers) of the motor vehicle;

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d. Was the motor vehicle equipped with any type of tach-o-graph, GPS,
computer trip recorder or other electronic device? If so, please identify

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the device;

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e. Was the motor vehicle equipped with any type of geographical

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location device? If so, please identify the device;
f. Was the motor vehicle equipped with any type of speed governor? If
so please, identify the device; and

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g. What was the top speed of the motor vehicle?

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ANSWER:

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6. At the time the incident in question occurred, was driver solely working and/or
performing services for and on behalf of DEFENDANT ENTERPRISE and no other
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person or motor carrier? If you answered this interrogatory in the negative, please
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identify the person(s) and/or entity(s) on whose behalf driver was performing
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services?
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ANSWER:
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7. Is DEFENDANT ENTERPRISE aware of any witnesses (excluding law


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enforcement officers and emergency response personnel) who allegedly witnessed


any facts leading up to the incident in question, the facts at the scene of the incident
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or facts that occurred shortly after the occurrence of the incident? If so, please state:
a. The identity of each such person (excluding law enforcement
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personnel and emergency response personnel);


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b. If, in writing or by use of electronic recording equipment, any


statement was taken from any of the identified witnesses; If so, please
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identify all such witnesses; and


c. If any electronically recorded statements were transcribed; If so, please
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identify each such document and the present custodian thereof.


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ANSWER:
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Exhibit “C” - PLAINTIFF’S FIRST SET OF REQUESTS FOR PRODUCTION, FIRST SET OF INTERROGATORIES, AND FIRST
SET OF REQUESTS FOR ADMISSION TO DEFENDANT ENTERPRISE
8. Did DEFENDANT ENTERPRISE make a report in writing to any other person or
organization in reference to the incident in question? If so, please state:

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a. The identity of the person preparing each such report;

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b. The identity of the person(s) or organization(s) for which the report(s)

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were prepared;
c. The identity of the present custodian of copies of each such report.

L.
ANSWER:

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9. Describe the type of business activity in which your company was engaged and
specifically in which the vehicle owned by you and driven by driver at the time of
the collision was engaged at said time.

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ANSWER:

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10. Please describe in reasonable detail any contention you have that Plaintiff Mr. Avila
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had any contributory negligence in the incident and the factual bases for your
contention.
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ANSWER:
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11. Please describe in reasonable detail any contention you have regarding any third
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party causing in part or in whole Plaintiff’s damages and/or the Incident in questions
and the factual bases for your contention as well as the name, address, and telephone
number of said third party(s).
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ANSWER:
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12. Please list the names for other employees who performed the same job as Defendant
Mr. Flores for the time period of a year before the accident and a year after the
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accident, including their name, last known address and telephone number.
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ANSWER:
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13. Please briefly describe the application, selection and hiring process followed for
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Defendant Mr. Flores, including documents and information requested from


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Defendant Mr. Flores, the name of the person that conducted the interview, and any
interviews, training or tests administered.
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ANSWER:

Exhibit “C” - PLAINTIFF’S FIRST SET OF REQUESTS FOR PRODUCTION, FIRST SET OF INTERROGATORIES, AND FIRST
SET OF REQUESTS FOR ADMISSION TO DEFENDANT ENTERPRISE
FIRST SET OF REQUESTS FOR ADMISSIONS TO DEFENDANT
ENTERPRISE HOLDING, INC.

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ic
1. Admit that Enterprise Holdings, Inc. is the correct name of Defendant.

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2. Admit that service of process on Defendant was properly achieved.
3. Admit that on January 11, 2017, a collision occurred at the intersection of

L.
Lakeline Blvd, and Highway 183 in Austin, Travis County, Texas between
Defendant DAVID A. FLORES and Plaintiff JOSE RAMON AVILA-PALOMO.

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4. Admit that you owned the Commercial Vehicle at the time of the Incident in

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Question.

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5. Admit that Driver owned the Commercial Vehicle at the time of the Incident in
Question.
6. Admit that you were leasing the Commercial Vehicle at the time of the Incident in

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Question.

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7. Admit that Driver was leasing the Commercial Vehicle at the time of the Incident

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in Question.
8. Admit that Willis of Illinois, Inc. provided an insurance policy covering the

9. ct
Commercial Vehicle at the time of the Incident in Question.
Admit that Willis of Illinois, Inc. has a duty to defend you for Plaintiff’s claim as a
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result of the Incident in Question.
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10. Admit that Willis of Illinois, Inc. has a duty to indemnify you for the Plaintiff’s
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claim as a result of the Incident in Question.


11. Admit that Driver was driving the Commercial Vehicle at the time of the Incident
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in Question.
12. Admit that at the time of the Incident in Question Driver was driving the
Commercial Vehicle with the owner’s permission.
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13. Admit that Driver was an employee of yours at the time of the Incident in
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Question.
14. Admit that Driver was an independent contractor of yours at the time of the
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Incident in Question.
15. Admit that at the time of the Incident in Question Driver was acting in the course
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and scope of his employment and/or in furtherance of his employment.


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16. Admit that Defendant, Enterprise Holdings, Inc., was responsible for the proper
maintenance of the Commercial Vehicle at the time of the Incident in Question.
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17. Admit that Driver was not qualified to operate the Motor Vehicle at the time of the
Incident in Question.
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18. Admit that Driver was not adequately skilled to operate the Motor Vehicle at the
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time of the Incident in Question.


19. Admit that you were responsible for ensuring all Defendants of the Motor Vehicle
of

were properly qualified and possessed adequate skills to operate the Commercial
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Vehicle at the time of the Incident in Question.

Exhibit “C” - PLAINTIFF’S FIRST SET OF REQUESTS FOR PRODUCTION, FIRST SET OF INTERROGATORIES, AND FIRST
SET OF REQUESTS FOR ADMISSION TO DEFENDANT ENTERPRISE
20. Admit that you were responsible for conducting a post-incident investigation, to
include but not limited to, a urinalysis of Driver, following the Incident in

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Question.

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21. Admit that you failed to properly select/hire, train, supervise and/or retain Driver.

Pr
22. Admit that you were responsible for obtaining a complete driving record on Driver
before you employed Driver.

L.
23. Admit that Driver was incompetent at driving the Commercial Vehicle before the
Incident in Question.

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24. Admit that you knew Driver was incompetent at driving the Commercial Vehicle

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before the Incident in Question.

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25. Admit that Driver was unlicensed at the time of the Incident in Question.
26. Admit that Driver was licensed at the time of the Incident in Question.
27. Admit that you knew Driver was unlicensed at the time of the Incident in

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Question.

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28. Admit that you knew Driver was licensed at the time of the Incident in Question.

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29. Admit that Driver had exhibited reckless driving behavior before the Incident in
Question.
30.
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Admit you knew Driver had exhibited reckless driving behavior before the
Incident in Question.
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31. Admit that Driver had a previous motor vehicle incident before the Incident in
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Question.
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32. Admit that Driver had a moving violation before the Incident in Question.
33. Admit that you knew Driver had had a moving violation before the Incident in
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Question.
34. Admit that you knew Driver had a previous motor vehicle incident before the
Incident in Question.
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35. Admit that you failed to use ordinary care by entrusting the Commercial Vehicle
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to Driver.
36. Admit that you had no Driver safety training program in place prior to and
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including the date of the Incident in Question.


37. Admit that you did not have a Driver safety manual in place prior to and including
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the date of the Incident in Question.


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38. Admit that Driver did not receive training on safe driving prior to and including
the date of the Incident in Question.
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39. Admit that Driver did not receive a Driver safety manual prior to and including the
date of the Incident in Question.
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40. Admit that Driver failed to control his speed at the time of the Incident in
fic

Question.
41. Admit that Driver’s failure to control speed was a proximate cause of the Incident
of

in Question.
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42. Admit that Driver failed to keep a proper lookout at the time of the Incident in
Question.

Exhibit “C” - PLAINTIFF’S FIRST SET OF REQUESTS FOR PRODUCTION, FIRST SET OF INTERROGATORIES, AND FIRST
SET OF REQUESTS FOR ADMISSION TO DEFENDANT ENTERPRISE
43. Admit that Driver’s failure to keep a proper lookout was a proximate cause of the
Incident in Question.

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44. Admit that Driver failed to exercise ordinary care at the time of the Incident in

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Question.

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45. Admit that Driver’s failure to exercise ordinary care was a proximate cause of the
Incident in Question.

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46. Admit that Driver failed to make a timely application of his brakes at the time of
the Incident in Question.

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47. Admit that Driver’s failure to make a timely application of his brakes was a

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proximate cause of the Incident in Question.

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48. Admit that Driver failed to exercise due caution at the time of the Incident in
Question.
49. Admit that Driver’s failure to exercise due caution was a cause of the Incident in

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Question.

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50. Admit that the Commercial Vehicle is subject to and obligated to comply with:

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United States and Texas Department of Transportation Rules and Regulations.
51. Admit that you were subject to and obligated to comply with: United States and

52. ct
Texas Department of Transportation Rules and Regulations.
Admit that the condition (mechanical, operational and/or design) of the
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Commercial Vehicle has been altered from its pre-incident condition.
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53. Admit that the Commercial Vehicle was in proper working condition the day of
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the Incident in Question.


54. Admit that there was no mechanical condition/defect on the Commercial Vehicle
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at the time of the incident that contributed to the cause of the collision.
55. Admit that Plaintiff suffered personal injuries as a direct result of the Incident in
Question.
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56. Admit that Plaintiff has incurred medical expenses as a result of the Incident in
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Question.
57. Admit that Plaintiff will require future medical care for the personal injuries he
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sustained in the Incident in Question.


58. Admit that Plaintiff has experienced pain and suffering as a result of the Incident
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in Question.
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59. Admit that Plaintiff will experience future pain and suffering as a result of the
Incident in Question.
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60. Admit that Plaintiff have experienced physical disfigurement in the past as a result
of the Incident in Question.
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61. Admit that Plaintiff will experience physical disfigurement in the future as a result
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of the Incident in Question.


62. Admit that Plaintiff has suffered physical impairment in the past as a result of the
of

Incident in Question.
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63. Admit that Plaintiff has suffered physical impairment as a result of the Incident in
Question.

Exhibit “C” - PLAINTIFF’S FIRST SET OF REQUESTS FOR PRODUCTION, FIRST SET OF INTERROGATORIES, AND FIRST
SET OF REQUESTS FOR ADMISSION TO DEFENDANT ENTERPRISE
64. Admit that Plaintiff will suffer lost wages in the future as a result of the Incident in
Question.

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65. Admit that Plaintiff will suffer a loss of earning capacity in the future as a result of

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the Incident in Question.

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66. Admit that Incident in Question was Driver’s fault.
67. Admit that your negligence was a proximate cause of the Incident in Question.

L.
68. Admit that your negligence resulted in Plaintiffs’ personal injuries, pain and
suffering, lost wages, lost earning capacity and incurred medical expenses.

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69. Admit that weather conditions were a factor that contributed to the Incident in

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Question.

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70. Admit that road conditions were a factor that contributed to the Incident in
Question.
71. Admit that Driver’s view of Plaintiff was obstructed at the time of the Incident in

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Question.

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72. Admit that the collision was avoidable.

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73. Admit that the collision was not the result of a sudden emergency.
74. Admit that Driver was under the influence of drugs, alcohol or medication at the

75.
time of the Incident in Question.
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Admit that Driver was speaking on a cellular telephone at the time of the Incident
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in Question.
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76. Admit the Driver was distracted by an electronic device at the time of the Incident.
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77. Admit the Driver was working on his electronic device at the time of this Incident,
while driving for Defendant.
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78. Admit the Driver being distracted by an electronic device at the time of the
Incident proximately caused the incident in question.
79. Admit the Driver working on his electronic device at the time of this Incident,
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while driving for Defendant, was a proximate cause of the incident in question.
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80. Admit that Plaintiff acted with ordinary care at the time of the Incident in
Question.
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81. Admit that another person or entity other than Driver did not contribute to the
cause of the Incident in Question.
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Exhibit “C” - PLAINTIFF’S FIRST SET OF REQUESTS FOR PRODUCTION, FIRST SET OF INTERROGATORIES, AND FIRST
SET OF REQUESTS FOR ADMISSION TO DEFENDANT ENTERPRISE
EXHIBIT “D”

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PLAINTIFF’S FIRST SET OF REQUESTS FOR PRODUCTION, FIRST SET OF

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INTERROGATORIES, AND FIRST SET OF REQUESTS FOR ADMISSION TO

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DEFENDANT CAPITAL METROPOLITAN TRANSPORTATION AUTHORITY

L.
JOSE RAMOS AVILA-PALOMO, Plaintiff in the above styled and numbered

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cause, by and through his attorney of record, hereby request that you, within fifty (50)

lv
Ve
days from the date you are served with this document, (i) produce the items below under

the section entitled “FIRST REQUESTS FOR PRODUCTION”, (ii) answer the

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interrogatories set of below in the section entitled “FIRST SET OF

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INTERROGATORIES”, and (iii) admit or deny under oath those facts set out below in

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the section entitled “FIRST SET OF REQUESTS FOR ADMISSION”. The items
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requested of you to be produced should be produced at the offices of Ramos James Law,
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PLLC, P.O. Box 164171, Austin, Texas 78716.


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Demand is made for supplementation of the Defendant’s responses to the Requests


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for Production below as may be required by Rule 193.5, Tex. R. Civ. P.


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DEFINITIONS
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For purposes of the following Requests, the following definitions apply:


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A. Defendant Capital Metro Transportation Authority: As used herein the term


"Defendant CapMetro” or “Defendant” means, its departments, agencies, and subdivisions,
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their employees, drivers, independent contractors, owner operators, trip lessors and their
attorneys, investigators, brokers, agents, or any other representatives. When the term
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“Defendants” is used, it shall mean Defendants Mr. Flores, v-Ride, Enterprise.


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B. Incident: Unless otherwise defined in a specific request, the term "incident" as


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used herein, means the motor vehicle collision alleged in Plaintiff’s Original Petition.
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C. Incident Files and Records: The term "Incident Files and Records", as used
herein, is intended to have broad reference to all forms of recorded information, including
Exhibit “D” - PLAINTIFF’S FIRST SET OF REQUESTS FOR PRODUCTION, FIRST SET OF INTERROGATORIES, AND FIRST
SET OF REQUESTS FOR ADMISSION TO DEFENDANT CAPMETRO
writings and recordings as defined in the Texas Rules of Evidence, and includes written or
recorded statements, reports, memorandums, correspondence, maps, diagrams, pictures,

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blueprints, plats, and other related objects and documents inclusive of any documents,

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letters to or from or records and reports required from the Defendants by other

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organizations, state and/or Federal governmental agencies.

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D. Co-Driver: As used herein "Co-Driver" means any person(s) driving or riding
with Driver, from time to time in over the vehicle owned or operated by the Defendant, and

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from time to time working for or with v-Ride, Enterprise, or CapMetro in the capacity of a

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co-driver and/or driver trainer.

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E. Driver: As used herein, the term "Driver " means Defendant Mr. Flores.

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F. Driver's Personnel File: The term "Driver's Personnel File", as used herein,

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means those files, records, communications or documents created by the driver, Defendant

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Mr. Flores or any other person or organization that contains documents directed to, received
from or about a driver.
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H. Vehicle: The term "Vehicle" or “Commercial Vehicle”, as used herein, unless
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otherwise defined in a specific request herein, means the commercial motor vehicle being
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operated by Defendant Mr. Flores at the time the accident occurred.


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I. Complete and Clearly Readable Copies: As used herein, the terms "complete
and clearly readable copies" means copies that are not reduced in size, unless the document
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being copied exceeds the size of normally available copy paper, and is a complete copy of
the document clearly readable to the average person. Plaintiff requests that each document
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that is reproduced by copy methods to satisfy this request, be reproduced on one page (one
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document per page), separate and apart from all other documents produced. If the copies
reproduced to satisfy any request herein are not clearly readable, plaintiff requests the
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originals be produced for purposes of viewing and copying by the plaintiff. The originals
will be timely returned to the producing defendant.
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J. Document: means and includes writings of every type and from any source,
including originals and non-identical copies thereof, that are in your possession, custody, or
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control or known by you to exist. This would include documents sent outside your
organization to any source as well as documents intended for internal use.
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The term also includes communications not only in words, but in symbols, pictures,
sound recordings, film, tapes and information stored in, or accessible through, computer or
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other information storage or retrieval systems. If the information is kept in a computer or


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informational retrieval system, the term also includes codes and programming instructions
and other materials necessary to understand such systems.

Exhibit “D” - PLAINTIFF’S FIRST SET OF REQUESTS FOR PRODUCTION, FIRST SET OF INTERROGATORIES, AND FIRST
SET OF REQUESTS FOR ADMISSION TO DEFENDANT CAPMETRO
The term includes, but is not limited to: calendars, checkbooks, agenda, agreements,
analyses, bills, invoices, records of obligations and expenditures, corporate bylaws and

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charters, correspondence, diaries, files, legal documents, financial documents including

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balance sheets and profit and loss statements, letters, memorandum recording telephone or

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in-person conferences, manuals, books, press releases, purchase orders, records, schedules,
memos of interviews, evaluations, written reports of tests or experiments, public relations

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releases, telegrams, teletypes, work papers, drafts of documents, and all other writings

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whose contents relate to the subject matter of the discovery request.

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K. Custodian: means the person or entity with care, custody, control of the item or
document that is subject of inquiry. A request to identify the custodian of any item or
document is a request to provide the name, address and telephone number of said custodian.

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L. Photograph: means and includes any motion picture, still picture, transparency,

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videotape, drawing, sketch, electronic image, negatives or any other recording of any non-
verbal communication in tangible form.

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You are not asked to divulge or provide any information or documents that are
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privileged in nature. However, for each document or other requested information that you
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assert is privileged or is not discoverable, identify that document or other requested


information. State the specific grounds for the claim or privilege or other ground for
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exclusion.
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If a requested document once was but is no longer in the possession, custody or


control of Defendant or any of its representatives, state what disposition was made of such
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document.
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If any of these requests cannot be responded to in full, please respond to the extent
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possible, specifying the reason for Defendants’ inability to fully respond, and stating
whatever information or knowledge Defendant has concerning the portion to which
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Defendant cannot fully respond.


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Overall v. Southwestern Bell Yellow Pages, 869 S.W.2d 629 (Tex. App. – Houston
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[14 Dist.] 1994), no writ, requires a party to send the documents to the requesting party
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along with a copy of the response. Unless there are thousands of documents, a party is not
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permitted to merely make documents available at a specific location.


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Pursuant to Rule 193.7, Texas Rules of Civil Procedure, the Defendant is hereby
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notified that Plaintiff reserves the right to use at trial those documents Defendant produces
in response to this and any other discovery request.
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Exhibit “D” - PLAINTIFF’S FIRST SET OF REQUESTS FOR PRODUCTION, FIRST SET OF INTERROGATORIES, AND FIRST
SET OF REQUESTS FOR ADMISSION TO DEFENDANT CAPMETRO
FIRST SET OF REQUESTS FOR PRODUCTION OF DOCUMENTS

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1. Complete and clearly readable copies of those receipts for trip expenses or purchases

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made by driver or his co-driver during a trip regardless of type of purchase, such as fuel,

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weighing of vehicles, food, lodging, equipment maintenance, repair or equipment cleaning,
special or oversize permits, bridge and/or toll roads, loading or unloading cost, and all

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otherwise described receipts regardless of the type of objects or services purchased.

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2. Complete and clearly readable copies of and those written requests, letters, memoranda,

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instructions, or work orders, for transportation of equipment prepared by Defendants, or

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dispatch or sales personnel, drivers or other persons or organizations relative to the
operations in which the driver was involved in on the day of the incident.

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3. Complete and clearly readable copies of those written instructions, orders, or advice given

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to driver in reference to the work to be performed on the day of the incident, routes to travel,

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locations to purchase fuel, cargo pickup or delivery times issued by Defendant or any of its
employees or representatives.
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4. Complete and clearly readable copies of dispatch and/or operational records indicating
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assignment of driver or employee to specific jobs, transportation and delivery, dates and
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times of pickup and delivery and any other related operational records or documents,
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regardless of form. This specifically includes those dispatch and operational type computer
generated documents and materials indicating the trips, cargo, movements or activities of
driver.
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5. Complete and clearly readable copies of those driver call-in records or otherwise
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described written records indicating communications between Defendant CapMetro and


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driver.
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6. Complete and clearly readable copies of those invoices and subsequent payments or
otherwise described records indicating billings jobs or payment for services performed for
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Defendant v-Ride, by driver and/or his co-driver.


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7. Complete and clearly readable copies of the "Personnel File" maintained by Defendant on
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Mr. Flores along with those other documents contained therein, in their precise state of
existence on the date of the accident. Please refer to the following sub-Definitions "F-1
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through F-13" herein and follow them closely:


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F-1. Those pre-employment questionnaires or other documents secured from


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driver prior to employment.


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F-2. Those completed applications for employment secured both before and/or
after the actual date of contract or employment of driver.
Exhibit “D” - PLAINTIFF’S FIRST SET OF REQUESTS FOR PRODUCTION, FIRST SET OF INTERROGATORIES, AND FIRST
SET OF REQUESTS FOR ADMISSION TO DEFENDANT CAPMETRO
F-3. Those medical examinations, drug tests and certification of medical

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examinations inclusive of expired and non-expired documents relative to driver.

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F-4. Those of driver's annual violation statements which should include one for
each twelve months of contract or employment with the Defendant CapMetro.

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F-5. Those actual driver's motor carrier road tests administered to driver.

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F-6. Those actual driver's motor carrier written tests administered to driver.

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F-7. Those road and written test certificates issued by Defendant CapMetro or
any other motor carrier or organization to driver regardless of the date issued or the

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originator of such certificates.

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F-8. Those past employment inquiries sent to or secured from former employers
along with all responses received from former employers inclusive of all U. S. mail,
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personal contact or telephone inquiries and results directed to or received by Defendant
CapMetro from past employers of Driver.
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F-9. Those inquiries to and answers received from organizations in reference to


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the driver's license record of traffic violations and accidents directed to and/or received by
any of the Defendants, or other organizations on behalf of defendants, from state or federal
governmental agencies, or other organizations, relative to driver’s traffic and accident
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record.
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F-10. Copies of those road or written test cards, medical cards, motor carrier
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certification of driver qualification cards and any other motor carrier transportation related
cards in the possession of any of the Defendants regardless of card issuance date or origin.
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This specifically includes cards, as previously described herein, issued by other motor
carriers to driver or his co-driver presently in their personal possession.
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F-11. Those annual reviews, file reviews or file summaries and related
documents found in the driver qualification file of driver.
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F-12. Those documents relative to any drug testing of driver, and


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F-13. Those other contents of driver’s qualification file, regardless of subject,


form, purpose, originator, receiver, title or description.
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8. Complete and clearly readable copies of those other documents added to driver's "Driver
Qualification File" from the date of the accident to the present date, as presently maintained
by Defendant CapMetro.
Exhibit “D” - PLAINTIFF’S FIRST SET OF REQUESTS FOR PRODUCTION, FIRST SET OF INTERROGATORIES, AND FIRST
SET OF REQUESTS FOR ADMISSION TO DEFENDANT CAPMETRO
9. Complete and clearly readable copies of the "Driver Personnel File" and/or otherwise

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titled files on driver or in reference to driver’s services, from initial contract or employment

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with Defendant CapMetro to the present date. Please refer to the following sub-definitions

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F-1 through F-3 and follow them closely:

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F-1. Applications for employment, owner/operator or other types of contracts,
agreements, payroll or money advanced records, attendance records, computer generated

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documents and other summary type document regardless of subject, description or form

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relative to driver or the services performed by driver.

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F-2. Hiring, suspension, termination, warning notices, complaints, letters,
memorandums and other similar type documents relative to driver; and

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F-3. Those other documents found in such a file, regardless of description, title,

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form, origin or subject, maintained by the Defendants in reference to driver..

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10. Complete and clearly readable copies of those objects, photographs, drawings, reports,
statements or otherwise described documents or objects in the possession of any of the
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Defendants in reference to the accident as defined herein "excluding only" those written
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documents, materials and objects that can be clearly identified as the work product of the
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defendant's attorneys. This specifically includes those reports and written or electronically
recorded statements made by any of the defendants to other persons, organizations or
governmental entities.
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11. Complete and clearly readable copies of those other accident or incident files and
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records maintained by any of the Defendants in reference to other vehicular accidents, or


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incidents, prior to the occurrence of the accident in question, where driver, or his co-driver
or driver trainer, was the driver of a vehicle involved in the prior accidents or incidents.
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12. Complete and clearly readable copies of maintenance files and records from January 1,
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2012 through the present date maintained by any of the Defendants. In addition, driver daily
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vehicle condition reports submitted by any driver on the motor vehicle driven by driver,
from thirty days before the date of the accident through the date of the accident in the
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possession of any of the Defendants.


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13. Those photographs or other electronic images that contain images of the underlying
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facts or that Defendant intends to offer into evidence at trial.


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14. Those photographs, movies, videotapes or other visual reproductions that Defendant
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has of the parties, persons with knowledge of relevant facts, mechanisms or items
involved, or scene of the Incident in Question.

Exhibit “D” - PLAINTIFF’S FIRST SET OF REQUESTS FOR PRODUCTION, FIRST SET OF INTERROGATORIES, AND FIRST
SET OF REQUESTS FOR ADMISSION TO DEFENDANT CAPMETRO
15. Those documents or tangible things prepared by, prepared for, or relied upon, by any
expert whom Defendant expects to call as a witness, including but not limited to, his/her

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report, curriculum vitae, factual observations, learned treatises, publications, studies,

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opinions, conclusions, photographs, field notes, calculations, models and exhibits. If any

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such expert has not prepared a report, request is hereby made that one be prepared and
furnished to Plaintiff’s attorney.16. Those documents or tangible things prepared by,

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prepared for, or relied upon, by any expert whose work product, opinions, or mental
impressions have been, or will be, reviewed or relied upon, in whole or in part, by a

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testifying expert. This would include, but not be limited to, his/her report, curriculum

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vitae, factual observations, learned treatises, publications, studies, opinions, conclusions,

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photographs, field notes, calculations, models and exhibits.

17. Those documents or tangible things prepared by, prepared for, or relied upon, by any

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expert who has obtained knowledge about the case in some way other than consulting

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with Defendant’s attorney. This would include, but not be limited to, his/her report,

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curriculum vitae, factual observations, learned treatises, publications, studies, opinions,
conclusions, photographs, field notes, calculations, models and exhibits.
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18. Those published documents, treatises, periodicals or pamphlets on the subject of
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medicine, accident reconstruction, any engineering field, and any other area of scientific
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study that you claim to be a reliable authority that may be used by you at trial.
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19. Those published documents, treatises, periodicals or pamphlets on the subject of


medicine, accident reconstruction, any engineering field, and any other area of scientific
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study that any testifying expert claims to be a reliable authority that may be used by you
at trial.
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20. Those published documents, treatises, periodicals or pamphlets on the subject of


medicine, accident reconstruction, any engineering field, and any other area of scientific
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study that any testifying expert has relied, or will rely, upon to support their opinions and
mental impressions.
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21. Those documents, reports, publications, codes and regulations evidencing safety
standards, laws, regulations, ordinances, or industry standards which you now contend or
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will contend at trial support any defensive theory.


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22. Those documents, reports, publications, codes and regulations evidencing safety
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standards, laws, regulations, ordinances, or industry standards that any of your testifying
experts have relied, or will rely, upon to support their opinions and mental impressions.
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23. Those documents, reports, publications, codes and regulations evidencing safety
standards, laws, regulations, ordinances, or industry standards that any of your testifying

Exhibit “D” - PLAINTIFF’S FIRST SET OF REQUESTS FOR PRODUCTION, FIRST SET OF INTERROGATORIES, AND FIRST
SET OF REQUESTS FOR ADMISSION TO DEFENDANT CAPMETRO
experts claim to be reliable authority which may be used at the time of trial.

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24. A copy of contract(s) of employment that would govern Defendant's relationship with

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any other entity or bear on the issue of “course and scope of employment.”

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25. Copies of those statements made by Plaintiff concerning the subject matter of this

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lawsuit, including written statement(s) signed or otherwise adopted or approved by
Plaintiff and stenographic, mechanical, electrical or other type of recording(s) or any

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transcription thereof.

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26. Those written, taped or mechanically reproduced statement made of any Defendant or
Plaintiff.

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27. Those statements made by the Defendant regarding the Incident in Question to his

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insurance company, its employees, agents, independent contractors, adjusters, or

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representatives, not including statements made to Defendant’s attorney.

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28. Those drawings, surveys, plats, maps or sketches of the scene of the Incident in
Question.
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29. Those documents, photographs, or other physical evidence that will be used or
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offered at trial.

30. Those documents and tangible things (including papers, books, accounts, drawings,
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graphs, charts, photographs, electronic or videotape recordings, data, and data


compilations) that constitute or contain matters relevant to the subject matter of the
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action.
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31. The entire claim and investigation file, including but not limited to, statements,
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reports, videotapes, drawings, memoranda, photographs, and documents, regarding the


Incident in Question generated or obtained by Defendant, Defendants’ agents, or
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Defendants’ insurers in the ordinary course of business.


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32. The entire claim and investigation file, including but not limited to, statements,
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reports, videotapes, drawings, memoranda, photographs, and documents, regarding the


Incident in Question generated or obtained by Defendant, Defendants’ agents, or
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Defendants’ insurers before the Plaintiff, or Plaintiff’s attorney, outwardly manifested an


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intent to pursue a claim against Defendant.


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33. Please produce the correspondence, communications, letters, notes of oral


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conversations, and all other documents or writings sent to or received from or exchanged
by and between you and your insurance carrier concerning the subject matter of this
lawsuit, including, but not limited to, damage to driver, the commercial motor vehicle
Exhibit “D” - PLAINTIFF’S FIRST SET OF REQUESTS FOR PRODUCTION, FIRST SET OF INTERROGATORIES, AND FIRST
SET OF REQUESTS FOR ADMISSION TO DEFENDANT CAPMETRO
driven by driver on the date of the subject incident, damage to personal property, and
personal injuries.

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34. Those documents, correspondence, memoranda, notes, or e-mails regarding

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communications between your insurance company and the Plaintiff’s insurance company
regarding the Incident in Question and/or Plaintiff.

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35. A copy of each primary, umbrella, and excess insurance policy or agreement,

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including the declarations page, which was in effect at the time of the Incident in

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Question including all non-waiver agreements, reservation of rights letters, or other

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documents or communications regarding any contractual obligations owed by you.

36. A copy of each primary, umbrella, and excess insurance policy or agreement,

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including the declarations page, which may provide coverage to satisfy all or part of any

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judgment which may be rendered in this litigation including all non-waiver agreements,

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reservation of rights letters, or other documents or communications regarding any
contractual obligations owed by you.
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37. Those documents, reports, photographs, or other written records pertaining to any
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investigation of the Incident in Question.
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38. Those documents regarding other claims being currently made against Defendants’
insurance policies for the Incident in Question other than by these Plaintiffs.
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39. Those settlement agreements, deals, contracts, understandings, “Mary Carter”


agreements, or compromises between you or your representatives and any other party,
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potential party, or potential third party defendant to this suit or its representatives, agents,
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or insurers regarding any compromise, settlement, apportionment of liability or financial


responsibility, contingent or otherwise, or alignment of the parties on any issue with
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respect to:
a. The Incident in Question;
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b. Plaintiff’s damages;
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c. The presentation of any testimony;


d. Whether or how to conduct any cross-examination;
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e. The performance of discovery; and/or


f. The presentation of any defense, excuse, or inferential rebuttal.
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40. Copies of any document or statement that any witness of Defendant will use or you
anticipate may use to refresh his or her memory, either for deposition or trial.
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41. Documents showing information relating to arrests or convictions to be used for


impeachment purposes against any party, witness, and/or person with knowledge of
relevant facts named in discovery information provided by or to you before trial. Please
Exhibit “D” - PLAINTIFF’S FIRST SET OF REQUESTS FOR PRODUCTION, FIRST SET OF INTERROGATORIES, AND FIRST
SET OF REQUESTS FOR ADMISSION TO DEFENDANT CAPMETRO
include the name of the person convicted, the offense for which he or she was arrested or
convicted, the year of such arrest or conviction, the court of such conviction, and the

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disposition of the case or allegation.

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42. Those documents regarding Plaintiff’s employment history, status, performance, or
compensation obtained by Defendant via an authorization signed by Plaintiff, subpoena,

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deposition on written questions, or otherwise.

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43. Those documents regarding Plaintiff’s medical status, treatment or history obtained

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by Defendant via an authorization signed by Plaintiff, subpoena, deposition on written

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questions, or otherwise.

44. Those documents regarding Plaintiff’s financial status, earnings history, and tax

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payment history obtained by Defendant via an authorization signed by Plaintiff,

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subpoena, deposition on written questions, or otherwise.

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45. Those documents regarding Plaintiff’s claims history obtained by Defendant via an
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authorization signed by Plaintiff, subpoena, deposition on written questions, or otherwise.
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46. Those documents, records, reports, notations, or memoranda regarding the Plaintiff
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from persons or entities that compile claim information, to include but not limited to,
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insurance claims, unemployment claims, social security claims, and worker’s


compensation claims.
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47. Those statements or documents that show the identity of any witness to the Incident
in Question, or any person with knowledge of relevant facts concerning the Incident in
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Questions, the events leading up to it, or any damage sustained by Plaintiff.


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48. Those documents and tangible things which support your contention that:
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a. any act or omission on the part of Plaintiff Mr. Avila caused or


contributed to the Incident in Question;
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b. any factor, other than a. above, contributed to or was the sole


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cause of the Incident in Question, including but not limited to,


acts or omissions of negligence of any other party or parties, or
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potential third-party Defendants, sudden emergency, unavoidable


accident, mechanical defect, or act of God;
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c. any factor caused or contributed to the Plaintiff’s damages,


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including but not limited to, pre-existing or subsequently existing


physical or medical condition or conditions of the Plaintiff;
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d. any or all of the medical expenses incurred by Plaintiff for


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treatment of injuries allegedly resulting from the Incident in


Question were not reasonable and/or necessary;

Exhibit “D” - PLAINTIFF’S FIRST SET OF REQUESTS FOR PRODUCTION, FIRST SET OF INTERROGATORIES, AND FIRST
SET OF REQUESTS FOR ADMISSION TO DEFENDANT CAPMETRO
e. Plaintiff’s injuries, if any, were not the result of or caused by the
Incident in Question.

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49. A copy of Driver’s current and all past driver’s licenses. Those documentation
regarding reprimand(s), citation(s), warning letter(s), license suspension(s), service

L.
limitation(s), license revocation(s), admission suspension(s), referral(s) to the Attorney
General, and other administrative sanction(s) or penalty(ies) issued by any public entity

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against Driver whether or not as a result of the Incident in Question.

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50. Copies of those traffic tickets, warnings issued, criminal charges, and/or regulatory
violations charged or filed against Driver.

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51. Those documents regarding medication(s) Driver was taking during the week before,

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and including the day of, the Incident in Question.

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52. Those documents, invoices, receipts or records regarding all cellular or mobile
telephones owned or used by Driver on the day of the Incident in Question.
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53. Those documents regarding treatment or prescriptive records from optometrist(s) or


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ophthalmologist(s) for treatment received by from five years before the Incident in Question
through present.
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54. Those records or documentation (medical or non-medical) which would indicate that
Driver had alcohol/drugs (including prescription or non-prescription, legal or illegal) in
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his/her bloodstream or urine at the time or immediately following the Incident in


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Question.
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55. Those records or documentation (medical or non-medical) which would indicate that
Driver was a regular user of marijuana within one (1) year preceding the Incident in
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Question.
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56. Those records or documentation (medical or non-medical) which would indicate that
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Driver was a regular user of illegal substances within one (1) year preceding the Incident
in Question.
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57. Those documents reflecting training conducted by Defendant CapMetro, by its


agents, representatives or employees, to include but not limited the training, if any,
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Driver received on the proper and safe inspection, maintenance, and operation of the
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Vehicle.

58. Copies of those of Defendant’s policies, procedures, and programs concerning:


Exhibit “D” - PLAINTIFF’S FIRST SET OF REQUESTS FOR PRODUCTION, FIRST SET OF INTERROGATORIES, AND FIRST
SET OF REQUESTS FOR ADMISSION TO DEFENDANT CAPMETRO
a. Driver and Fleet Safety;
b. Vehicle maintenance standards, including the standards for the

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parts used to maintain and repair equipment;

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c. Driver standards;

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d. Mechanic standards;
e. Dispatcher standards;

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f. Driver compensation;
g. Hiring and firing drivers;

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h. Training drivers;

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i. Monitoring drivers; and

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j. Termination and discipline of drivers.
k. Electronic usage provided by employer/s or owned by Driver.

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59. Copies of those loss control reports made by Defendant’s insurance carriers concerning

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the Defendant’s operations from five years ago to the present.

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60. Copies of those documentation regarding corporate structure and formation of
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Defendant, including but not limited to Articles of Incorporation, Charter, Bylaws, and other
documents that identify all parent companies, joint ventures, partners or subsidiaries of
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Defendant.
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61. Copies of audits, inspections, surveys, or statistics of Defendant’s driver safety policy,
procedure, or practice by any insurer’s private consultants or government entities.
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62. Copies of those documents relating to investigation, citation or compliance review of


Defendant conducted by the Department of Transportation or aother governmental agency,
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insurance company or private consultant.


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63. Copies of those registrations, titles, state permits, purchase orders and specifications for
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the commercial motor vehicle driven by Driver on the date of the incident subject of this
lawsuit.
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64. Copies of those accident reports for incidents in which the commercial motor vehicle
involved including the incident serving as the basis of this lawsuit.
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65. Documents showing the type, make, and model of computer equipment that was in the
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vehicle driven by driver at the time of the collision.


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66. Sample application form that Defendant Mr. Flores was given or had to fill out in order
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to apply for employment for the job that he was performing when the accident took place, if
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any.

Exhibit “D” - PLAINTIFF’S FIRST SET OF REQUESTS FOR PRODUCTION, FIRST SET OF INTERROGATORIES, AND FIRST
SET OF REQUESTS FOR ADMISSION TO DEFENDANT CAPMETRO
FIRST SET OF INTERROGATORIES

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1. Please state the name and address and the official capacity of the person or persons

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answering these interrogatories on behalf of the DEFENDANT CAPMETRO.

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ANSWER:

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2. Is DEFENDANT CAPMETRO incorporated under the laws of any state or foreign

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country? If so, please state:

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a. The state and/or county of registration;
b. The address of its principal place of business or registered office;
c. The date of commencement of business by the corporation; and

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d. The business in which it is authorized to engage.

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ANSWER:

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3. Is the Defendant's organization (company, corporation and etc.) a wholly owned
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subsidiary of another legal entity? If so, please state the name and address of the
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legal entity.
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ANSWER:
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4. At the time of the incident which is the subject of this litigation was driver employed
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or contracted with by DEFENDANT CAPMETRO? If so, please state:


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a. The complete job title, description and position of driver, and if he was
employed or contracted with or for, while performing services for
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DEFENDANT CAPMETRO;
b. The initial date that driver was employed or contracted with as a driver
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for DEFENDANT CAPMETRO;


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c. The identity of the person(s) that authorized contract or employment of


driver as a driver with DEFENDANT CAPMETRO; and
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d. The identity of the person(s) that processed and qualified driver.


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ANSWER:
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5. In reference to the vehicle driven by driver involved in the incident, please state:
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Exhibit “D” - PLAINTIFF’S FIRST SET OF REQUESTS FOR PRODUCTION, FIRST SET OF INTERROGATORIES, AND FIRST
SET OF REQUESTS FOR ADMISSION TO DEFENDANT CAPMETRO
a. The identity of the owner(s) of the motor vehicle on the date of the
incident and the equipment unit number assigned to it by

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DEFENDANT CAPMETRO;

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b. The year, make, model, unladen weight, number of axles and tires,

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license plate number along with year and issuing state and vehicle
identification numbers (serial numbers) of the motor vehicle;

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d. Was the motor vehicle equipped with any type of tach-o-graph, GPS,
computer trip recorder or other electronic device? If so, please identify

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the device;

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e. Was the motor vehicle equipped with any type of geographical

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location device? If so, please identify the device;
f. Was the motor vehicle equipped with any type of speed governor? If
so please, identify the device; and

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g. What was the top speed of the motor vehicle?

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ANSWER:

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6. At the time the incident in question occurred, was driver solely working and/or
performing services for and on behalf of DEFENDANT CAPMETRO and no other
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person or motor carrier? If you answered this interrogatory in the negative, please
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identify the person(s) and/or entity(s) on whose behalf driver was performing
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services?
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ANSWER:
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7. Is DEFENDANT CAPMETRO aware of any witnesses (excluding law enforcement


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officers and emergency response personnel) who allegedly witnessed any facts
leading up to the incident in question, the facts at the scene of the incident or facts
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that occurred shortly after the occurrence of the incident? If so, please state:
a. The identity of each such person (excluding law enforcement
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personnel and emergency response personnel);


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b. If, in writing or by use of electronic recording equipment, any


statement was taken from any of the identified witnesses; If so, please
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identify all such witnesses; and


c. If any electronically recorded statements were transcribed; If so, please
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identify each such document and the present custodian thereof.


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ANSWER:
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Exhibit “D” - PLAINTIFF’S FIRST SET OF REQUESTS FOR PRODUCTION, FIRST SET OF INTERROGATORIES, AND FIRST
SET OF REQUESTS FOR ADMISSION TO DEFENDANT CAPMETRO
8. Did DEFENDANT CAPMETRO make a report in writing to any other person or
organization in reference to the incident in question? If so, please state:

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a. The identity of the person preparing each such report;

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b. The identity of the person(s) or organization(s) for which the report(s)

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were prepared;
c. The identity of the present custodian of copies of each such report.

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ANSWER:

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9. Describe the type of business activity in which your company was engaged and
specifically in which the vehicle owned by you and driven by driver at the time of
the collision was engaged at said time.

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ANSWER:

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10. Please describe in reasonable detail any contention you have that Plaintiff Mr. Avila
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had any contributory negligence in the incident and the factual bases for your
contention.
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ANSWER:
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11. Please describe in reasonable detail any contention you have regarding any third
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party causing in part or in whole Plaintiff’s damages and/or the Incident in questions
and the factual bases for your contention as well as the name, address, and telephone
number of said third party(s).
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ANSWER:
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12. Please list the names for other employees who performed the same job as Defendant
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Mr. Flores for the time period of a year before the accident and a year after the
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accident, including their name, last known address and telephone number.
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ANSWER:
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13. Please briefly describe the application, selection and hiring process followed for
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Defendant Mr. Flores, including documents and information requested from


Defendant Mr. Flores, the name of the person that conducted the interview, and any
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interviews, training or tests administered.


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ANSWER:

Exhibit “D” - PLAINTIFF’S FIRST SET OF REQUESTS FOR PRODUCTION, FIRST SET OF INTERROGATORIES, AND FIRST
SET OF REQUESTS FOR ADMISSION TO DEFENDANT CAPMETRO
FIRST SET OF REQUESTS FOR ADMISSIONS TO DEFENDANT CAPITAL
METROPOLITAN TRANSPORTATION AUTHORITY

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1. Admit that Capital Metropolitan Transportation Authority is the correct name of

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Defendant.
2. Admit that service of process on Defendant was properly achieved.

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3. Admit that on January 11, 2017, a collision occurred at the intersection of Lakeline
Blvd, and Highway 183 in Austin, Travis County, Texas between Defendant

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DAVID A. FLORES and Plaintiff JOSE RAMON AVILA-PALOMO.

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4. Admit that you owned the Commercial Vehicle at the time of the Incident in

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Question.
5. Admit that Driver owned the Commercial Vehicle at the time of the Incident in
Question.

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6. Admit that you were leasing the Commercial Vehicle at the time of the Incident in

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Question.

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7. Admit that Driver was leasing the Commercial Vehicle at the time of the Incident in
Question.
8.
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Admit that Willis of Illinois, Inc. provided an insurance policy covering the
Commercial Vehicle at the time of the Incident in Question.
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9. Admit that Willis of Illinois, Inc. has a duty to defend you for Plaintiff’s claim as a
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result of the Incident in Question.


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10. Admit that Willis of Illinois, Inc. has a duty to indemnify you for the Plaintiff’s claim
as a result of the Incident in Question.
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11. Admit that Driver was driving the Commercial Vehicle at the time of the Incident in
Question.
12. Admit that at the time of the Incident in Question Driver was driving the
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Commercial Vehicle with the owner’s permission.


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13. Admit that Driver was an employee of yours at the time of the Incident in Question.
14. Admit that Driver was an independent contractor of yours at the time of the Incident
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in Question.
15. Admit that at the time of the Incident in Question Driver was acting in the course and
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scope of his employment and/or in furtherance of his employment.


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16. Admit that Defendant, Capital Metropolitan Transportation Authority, was


responsible for the proper maintenance of the Commercial Vehicle at the time of
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the Incident in Question.


17. Admit that Driver was not qualified to operate the Motor Vehicle at the time of the
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Incident in Question.
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18. Admit that Driver was not adequately skilled to operate the Motor Vehicle at the
time of the Incident in Question.
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19. Admit that you were responsible for ensuring all drivers of the Motor Vehicle were
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properly qualified and possessed adequate skills to operate the Commercial Vehicle
at the time of the Incident in Question.

Exhibit “D” - PLAINTIFF’S FIRST SET OF REQUESTS FOR PRODUCTION, FIRST SET OF INTERROGATORIES, AND FIRST
SET OF REQUESTS FOR ADMISSION TO DEFENDANT CAPMETRO
20. Admit that you were responsible for conducting a post-incident investigation, to
include but not limited to, a urinalysis of Driver, following the Incident in Question.

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21. Admit that Driver was responsible for conducting a post-incident investigation, to

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include but not limited to, a urinalysis of Driver, following the Incident in Question.

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22. Admit that you failed to properly select/hire, train, supervise and/or retain Driver.
23. Admit that you were responsible for obtaining a complete driving record on Driver

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before you employed Driver.
24. Admit that Driver was incompetent at driving the Commercial Vehicle before the

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Incident in Question.

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25. Admit that you knew Driver was incompetent at driving the Commercial Vehicle

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before the Incident in Question.
26. Admit that Driver was unlicensed at the time of the Incident in Question.
27. Admit that you knew Driver was unlicensed at the time of the Incident in Question.

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28. Admit that Driver had exhibited reckless driving behavior before the Incident in

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Question.

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29. Admit you knew Driver had exhibited reckless driving behavior before the Incident
in Question.
30.
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Admit that Driver had a previous motor vehicle incident before the Incident in
Question.
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31. Admit that Driver had a moving violation before the Incident in Question.
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32. Admit that you knew Driver had had a moving violation before the Incident in
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Question.
33. Admit that you knew Driver had a previous motor vehicle incident before the
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Incident in Question.
34. Admit that you failed to use ordinary care by entrusting the Commercial Vehicle to
Driver.
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35. Admit that you had no Driver safety training program in place prior to and including
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the date of the Incident in Question.


36. Admit that you did not have a Driver safety manual in place prior to and including
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the date of the Incident in Question.


37. Admit that Driver did not receive training on safe driving prior to and including the
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date of the Incident in Question.


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38. Admit that Driver did not receive a Driver safety manual prior to and including the
date of the Incident in Question.
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39. Admit that Driver failed to control his speed at the time of the Incident in Question.
40. Admit that Driver’s failure to control speed was a proximate cause of the Incident in
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Question.
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41. Admit that Driver failed to keep a proper lookout at the time of the Incident in
Question.
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42. Admit that Driver’s failure to keep a proper lookout was a proximate cause of the
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Incident in Question.
43. Admit that Driver failed to exercise ordinary care at the time of the Incident in
Question.
Exhibit “D” - PLAINTIFF’S FIRST SET OF REQUESTS FOR PRODUCTION, FIRST SET OF INTERROGATORIES, AND FIRST
SET OF REQUESTS FOR ADMISSION TO DEFENDANT CAPMETRO
44. Admit that Driver’s failure to exercise ordinary care was a proximate cause of the
Incident in Question.

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45. Admit that Driver failed to make a timely application of his brakes at the time of the

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Incident in Question.

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46. Admit that Driver’s failure to make a timely application of his brakes was a
proximate cause of the Incident in Question.

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47. Admit that Driver failed to exercise due caution at the time of the Incident in
Question.

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48. Admit that Driver’s failure to exercise due caution was a cause of the Incident in

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Question.

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49. Admit that the Commercial Vehicle is subject to and obligated to comply with:
United States and Texas Department of Transportation Rules and Regulations.
50. Admit that you were subject to and obligated to comply with: United States and

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Texas Department of Transportation Rules and Regulations.

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51. Admit that the condition (mechanical, operational and/or design) of the Commercial

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Vehicle has been altered from its pre-incident condition.
52. Admit that the Commercial Vehicle was in proper working condition the day of the

53.
Incident in Question.
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Admit that there was no mechanical condition/defect on the Commercial Vehicle at
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the time of the incident that contributed to the cause of the collision.
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54. Admit that Plaintiffs suffered personal injuries as a direct result of the Incident in
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Question.
55. Admit that Plaintiff has have incurred medical expenses as a result of the Incident in
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Question.
56. Admit that Plaintiff will require future medical care for the personal injuries he
sustained in the Incident in Question.
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57. Admit that Plaintiff has experienced pain and suffering as a result of the Incident in
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Question.
58. Admit that Plaintiff will experience future pain and suffering as a result of the
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Incident in Question.
59. Admit that Plaintiff has experienced physical disfigurement in the past as a result of
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the Incident in Question.


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60. Admit that Plaintiff will experience physical disfigurement in the future as a result of
the Incident in Question.
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61. Admit that Plaintiff has suffered physical impairment in the past as a result of the
Incident in Question.
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62. Admit that Plaintiff has suffered physical impairment as a result of the Incident in
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Question.
63. Admit that Plaintiff will suffer lost wages in the future as a result of the Incident in
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Question.
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64. Admit that Plaintiff will suffer a loss of earning capacity in the future as a result of
the Incident in Question.
65. Admit that Incident in Question was Driver’s fault.
Exhibit “D” - PLAINTIFF’S FIRST SET OF REQUESTS FOR PRODUCTION, FIRST SET OF INTERROGATORIES, AND FIRST
SET OF REQUESTS FOR ADMISSION TO DEFENDANT CAPMETRO
66. Admit that your negligence was a proximate cause of the Incident in Question.
67. Admit that your negligence resulted in Plaintiff’s personal injuries, pain and

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suffering, lost wages, lost earning capacity and incurred medical expenses.

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68. Admit that weather conditions were a factor that contributed to the Incident in

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Question.
69. Admit that road conditions were a factor that contributed to the Incident in Question.

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70. Admit that Driver’s view of Plaintiff was obstructed at the time of the Incident in
Question.

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71. Admit that the collision was avoidable.

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72. Admit that the collision was not the result of a sudden emergency.

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73. Admit that Driver was under the influence of drugs, alcohol or medication at the time
of the Incident in Question.
74. Admit that Driver was speaking on a cellular telephone at the time of the Incident in

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Question.

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75. Admit the Driver was distracted by an electronic device, other than a cell phone, at

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the time of the Incident.
76. Admit the Driver was working on his electronic device, at the time of this Incident,

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while driving for Defendant.
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Admit the Driver being distracted by an electronic device was a proximate cause of
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the subject incident.
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78. Admit the Driver working on his electronic device, at the time of this Incident, was a
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proximate cause of the subject incident.


79. Admit the Driver being distracted by an electronic device at the time of the
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Incident proximately caused the incident in question.


80. Admit the Driver working on his electronic device at the time of this Incident,
while driving for Defendant, was a proximate cause of the incident in question.
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81. Admit that Plaintiff acted with ordinary care at the time of the Incident in Question.
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82. Admit that another person or entity other than Driver did not contribute to the cause
of the Incident in Question.
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Exhibit “D” - PLAINTIFF’S FIRST SET OF REQUESTS FOR PRODUCTION, FIRST SET OF INTERROGATORIES, AND FIRST
SET OF REQUESTS FOR ADMISSION TO DEFENDANT CAPMETRO
CIVIL CASE INFORMATION SHEET
CAUSE NUMBER (FOR CLERK USE ONLY): _______________________________ COURT (FOR CLERK USE ONLY): ______________________

STYLED ___________________________________________________________________________________________________
(e.g., John Smith v. All American Insurance Co; In re Mary Ann Jones; In the Matter of the Estate of George Jackson)
A civil case information sheet must be completed and submitted when an original petition or application is filed to initiate a new civil, family law, probate, or mental
health case or when a post-judgment petition for modification or motion for enforcement is filed in a family law case. The information should be the best available at

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the time of filing.

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1. Contact information for person completing case information sheet: Names of parties in case: Person or entity completing sheet is:
Attorney for Plaintiff/Petitioner

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Name: Email: Plaintiff(s)/Petitioner(s): Pro Se Plaintiff/Petitioner
Title IV-D Agency
_____________________________ ____________________________ _________________________________ Other: _________________________

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Address: Telephone: _________________________________
Additional Parties in Child Support Case:
_____________________________ ____________________________

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Defendant(s)/Respondent(s): Custodial Parent:

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City/State/Zip: Fax: _________________________________
_________________________________

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_____________________________ ____________________________ Non-Custodial Parent:
_________________________________ _________________________________
Signature: State Bar No:
_________________________________ Presumed Father:

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_____________________________ ____________________________ _________________________________
[Attach additional page as necessary to list all parties]

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2. Indicate case type, or identify the most important issue in the case (select only 1):

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Civil Family Law
Post-judgment Actions
Contract Injury or Damage Real Property Marriage Relationship (non-Title IV-D)
Debt/Contract Assault/Battery Eminent Domain/ Annulment Enforcement
Consumer/DTPA
Debt/Contract
Construction
Defamation
Condemnation
Partition
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Divorce
Modification—Custody
Modification—Other
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Fraud/Misrepresentation Malpractice Quiet Title With Children Title IV-D
Other Debt/Contract: Accounting Trespass to Try Title No Children Enforcement/Modification
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____________________ Legal Other Property: Paternity
Foreclosure Medical ____________________ Reciprocals (UIFSA)
Home Equity—Expedited Other Professional
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Support Order
Other Foreclosure Liability:
Franchise _______________ Related to Criminal
Insurance Motor Vehicle Accident Matters Other Family Law Parent-Child Relationship
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Landlord/Tenant Premises Expunction Enforce Foreign Adoption/Adoption with


Non-Competition Product Liability Judgment Nisi Judgment Termination
Partnership Asbestos/Silica Non-Disclosure Habeas Corpus Child Protection
Other Contract: Other Product Liability Seizure/Forfeiture Name Change Child Support
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______________________ List Product: Writ of Habeas Corpus— Protective Order Custody or Visitation
_________________ Pre-indictment Removal of Disabilities Gestational Parenting
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Other Injury or Damage: Other: _______________ of Minority Grandparent Access


_________________ Other: Parentage/Paternity
________________________________________________________________________________ __________________ Termination of Parental
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____________________

Employment Other Civil Rights


Other Parent-Child:
Discrimination Administrative Appeal Lawyer Discipline _____________________
Retaliation Antitrust/Unfair Perpetuate Testimony
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Termination Competition Securities/Stock


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Workers’ Compensation Code Violations Tortious Interference


Other Employment: Foreign Judgment Other: _______________
______________________ Intellectual Property
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Tax Probate & Mental Health


Tax Appraisal Probate/Wills/Intestate Administration Guardianship—Adult
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Tax Delinquency Dependent Administration Guardianship—Minor


Other Tax Independent Administration Mental Health
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Other Estate Proceedings  Other: ____________________


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3. Indicate procedure or remedy, if applicable (may select more than 1):


Appeal from Municipal or Justice Court Declaratory Judgment Prejudgment Remedy
Arbitration-related Garnishment Protective Order
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Attachment Interpleader Receiver


Bill of Review License Sequestration
Certiorari Mandamus Temporary Restraining Order/Injunction
Class Action Post-judgment Turnover
4. Indicate damages sought (do not select if it is a family law case):
Less than $100,000, including damages of any kind, penalties, costs, expenses, pre-judgment interest, and attorney fees
Less than $100,000 and non-monetary relief
Over $100, 000 but not more than $200,000
Over $200,000 but not more than $1,000,000
Over $1,000,000
Rev 2/13