SHARON MCCLELLAN
`
`VS.
`
`CRST MALONE INC. and LONNIE D.
`BRAND
`
`‘
`
`‘
`
`‘
`
`04 13:1:‘l'TTi’WS RIC-l COURT OF
`a1! 0
`‘14“TIL/2’4":
`u
`._ fllfllgleAS
`
`-' e
`"V vw-I
`
`‘
`
`1
`
`Venue is proper in Dallas County because the incident occurred in Dallas County, Texas.
`
`Defendant may be served by serving the Secretary of State, State of Texas Detendant’5 address lwgflgl
`W~—-————-—-n-——-—~ ~me
`is [901 Floyd Bradford Rd., Trussville, Alabama 35173.
`
`11mg, AL DISfRICl
`It»
`
`TO THE HONORABLE JUDGE OF SAID COURT:
`
`PLAINTIFF'S ORIGINAL PETITION
`
`’7 lg
`
`COMES NOW, SHARON A. MCCLELLAN, hereinafter referred to as Plaintiff,
`
`complaining ofCRST MALONE [NC., and LONNIIZ D. BRAND, hereinafter referred to as
`
`Defendants, and for cause of action would respectfully show the Court as follows:
`
`I.
`
`Plaintiff requests discovery be conducted under Level 3 as set forth in ’I’exas Rule ofCivil
`
`Procedure 190.4.
`
`11.
`
`Plaintiffis an individual residing in Lewisville, Denton County, ’l'exas.
`
`Defendant, CRST M
`
`" INC. is a Delaware corporation doing business in the slate
`
`of Texas, which has not designated a registered agent for service in the state of Texas. This
`
`Defendant, LONNIE D. BRAND,
`r-q==—,—--==-'
`
`is an individual residing in Batou Rouge, LA. This
`
`Defendant may be served with due process herein at his place of residence at 9309 Thayer Ave., ’W
`
`-.._==_—___________—‘“
`' Mdbj
`
`Baton Rouge LA 708 l 0.
`___,_—v-_-'_______
`__—-—I——-—-—_.___
`
`

`

`On or about December 13, 2011, SHARON A. MCCI.ELLAN was driving her vehicle
`
`traveling northbound in the 12000 block ofN Stemmons freeway (lH-35 East), in Dallas County,
`
`BRAND, was traveling behind Plaintiff, failed to control his speed and collided with the rear of
`
`Plaintiff’s vehicle. Plaintiff suffered injuries as a result ofthis accident.
`
`IV.
`
`Defendant CRST MALONE INC. is liable for the actions ofits employee, LONNIE
`
`D. BRAND, who was acting in the course and scope of his employment in furtherance ofthe
`
`business interests of CRST MALONE INC. On the occasion in question, LONNIE 1). BRAND,
`
`operated his vehicle in a negligent manner, in that he violated the duty which he owed the
`
`plaintiffs to exercise ordinary care in the operation ofthe motor vehicle in one or more of the
`
`Texas. A vehicle owned and operated by CRST MALONE INC. and driven by LONNlE D.
`
`Each of these acts and omissions, singularly or in combination with others, constitute
`
`following particulars:
`
`1.
`
`2.
`
`Driving without paying enough attention;
`
`Failing to control his speed;
`
`Failing to steer the vehicle to avoid collision with Plaintiff;
`
`Failing to timely apply the brakes to avoid collision with Plaintiff; and
`
`In any combination oftwo or more ofthe above.
`
`Additionally, and without waiving the foregoing, Defendant CRST MALONE
`
`INC. was negligent in hiring LONNIE D. BRAND, and it was negligent in entrusting its vehicle
`
`to Defendant, LONNIE D. BRAND, when they knew, or should have known, he was a reckless
`
`and/or irresponsible driver.
`
`

`

`
`
`negligence and negligence m3; s_e, which proximately caused the occurrence made the basis of
`
`this action for the injuries and damages to the Plaintiff.
`
`~
`
`V.
`
`As a direct and proximate result of the negligence of Defendants, Plaintiff sustained injuries
`
`to her head, shoulders, neck, back. Plaintiff, SHARON A. MCCLELLAN files this suit to recover
`
`the following damages:
`
`a.
`
`b.
`
`c.
`
`d.
`
`e.
`
`f.
`
`Physical pain and mental anguish in the past and future;
`
`Lost camings in the past and loss of future earning capacity;
`
`Physical impairment in the past and future;
`
`Physical disfigurement in the past and future;
`
`Reasonable medical expenses in the past and future; and
`
`Exemplary damages.
`
`To the extent that Plaintiff had any pre-existing condition at the time of the occurrence in
`
`question, the same was not disabling, and she would respectfully show that such pre-existing
`
`condition, ifany, was aggravated by the incident made the basis of this suit to such an extent that
`
`it became disabling, bringing about the necessity of medical treatment.
`
`Plaintiff, SHARON A. MCCLELLAN, would show that she has incurred medical expenses
`
`in the past and will continue to incur medical expenses in the future.
`
`Plaintiff, SHARON A. MCCIJELLAN, seeks to recover damages within the jurisdictional
`
`limits ofthis Court.
`
`Plaintiff also seeks damages for her injuries by way of pre-j udgment and post-judgment
`
`interest payments for all damages she has suffered and that have accrued by the time of
`
`judgment.
`
`
`
`

`

`Vl.
`
`Plaintiff hereby gives notice of intent to utilize items produced in discovery in the trial of
`
`this matter and the authenticity of such items is self-proven per the Texas Rules ofCivil Procedure
`
`I 93. 7
`
`VII.
`
`Plaintiff demands atrial by jury and has tendered the appropriate fee.
`
`WHEREFORE, PREMISES CONSIDERED, PlaintifT prays that the defendants be cited to
`
`appear and answer herein,
`
`that upon trial hereof she have judgment of the Court against
`
`the
`
`defendants jointly and severally,
`
`in excess of the jurisdictional amount
`
`in addition to all pre-
`
`judgment and post-judgment interest as provided by law, for all costs of court, and for all such other
`
`and further relief, both general and special, legal and equitable to which he may bejustly entitled.
`
`Respectfully submitted,
`
`SCHECHTER MCELWEE, SHAFFER & HARRIS, L.L.P.
`
`
`
`
`
`%~. -3"""-- -ARRIS
`
`
`
`
`'el:
`Fax:
`
`
`40796714
`o Travis, 3'd Floor
`ston, Texas 77006
`713-524-3500
`
`713-75l-04l2
`
`ATTORNEYS FOR PLAINTIFF
`
`‘—
`
`

`

`
`
`CAUSE NO.
`
`SHARON MCCLELLAN
`
`IN THE DISTRICT COURT OF
`
`VS.
`
`DALLAS COUNTY, TEXAS
`
`CRS'I' MALONE INC. and LONNIE D.
`
`TH JUDICIAL DISTRICT
`
`BRAND
`
`PLAINTIFF’S REQUEST FOR DISCLOSURE
`
`TO DEFENDANT, CRST MALONE INC.
`
`- TO:
`
`Defendant, CRST MALONE INC, to be served with Citation.
`
`Pursuant to Rule [94, you are requested to disclose, within fifty (50) days of service ofthis
`
`request, the information or material described in Rule 194.2 (a) - (I).
`
`Respectfully submitted,
`
`SCIIECI-ITER, McELWEE, SI-IAFFER & HARRIS, L.L.P.
`
`
`
`
`
`-
`
`' AN S. HARRIS
`
`TBA #
`796714
`3200' avis, 3rd Floor
`IIous n, Texas 77006
`Te
`7|3-524-3500
`
`:
`
`713-751-0412
`
`ATI‘ORNEYS FOR PLAINTIFF
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that a true and correct copy ofthe foregoing Plaintiffs Request for Diselosu re
`
`to Defendant is being forwarded to Defend I along with Plaintiff‘s Original Petition.
`
`
` A'I‘HAN S. IIARRIS
`
`
`
`

`

`CAUSE NO.
`
`SHARON MCCLELIAN
`
`VS.
`
`CRST MALONE INC. AND LONNIE D.
`
`BRAND
`
`concoammcoouy:
`
`IN THE DISTRICT COURT OF
`
`DALLAS COUNTY, TEXAS
`
`_'I'H JUDICIAL DISTRICT
`
`PLAINTIFF’S FIRST SET OF INTERROGATORIES
`
`T0 DEFENDANT, CRST MALONE INC.
`
`TO:
`
`Defendant, CRST MALONE INC., to be served with Citation.
`
`COMES NOW, SHARON MCCLELLAN and propounds these interrogatories to
`
`Defendant pursuant to the Texas Rules of Civil Procedure.
`
`Respectfully submitted,
`
`SCHECI- i ER McELWEE, SHAFFER & HARRIS, L.L.P.
`
` 32'! Travis, 3rd Floor
`
`‘ouston, TX 77006
`TEL:
`(7]3) 52446500
`FAX:
`(7l3) 751-04l2
`ATTORNEYS FOR PLAINTIFF
`
`

`

`CERTIFICATE OF SERVICE
`
`J—ONA
`
`This is to certify that a true and correct copy of Plaintiff’s First Set of Interrogatories
`to Defendant is being forwarded to Defendants along with Plaintiff‘s Original Petition.
`
`:11"-. HARRIS
`
`

`

`DEFINITIONS AND INSTRUCTIONS
`
`The following interrogatories and requests for discovery and production of documents are
`propounded to you in the above styled cause pursuant to Rules I92, 196 and 197, Texas Rules of
`Civil Procedure, as well as other applicable discovery rules and are to be answered separately,
`completely and under oath in accordance with said rules within thirty (30) days after service
`hereof. These interrogatories shall be deemed continuing and supplemental answers shall be
`required if the defendant, or his attorney, either directly or indirectly, obtain further information
`ofthe nature sought herein between the time answers are served and the time oftrial.
`
`a. "You" or "your," as those words are used herein refer to Defendant, CRST MALONE
`INC, and its agents, servants, employees, representatives, or anyone else working or acting in
`his behalf, whether authorized to do so or not.
`
`The term "documents" shall mean all writings of every kind, source, and
`b.
`authorship, both originals and all non identical copies thereof, in your possession or known by
`you to exist, irrespective of whether the writing is one intended for or transmitted internally by
`you, or intended for or transmitted to any other person or entity, including without limitation any
`government agency, department, administrative entity, or any private entity, or any person.
`
`A document is deemed to be in your possession, custody or control if you have either
`actual physical possession of a document or constructive possession of the document.
`Constructive possession means that you have a superior right to compel the production of such
`document or a copy thereof from a third party having actual physical possession of the
`document.
`
`The term shall include handwritten, typewritten, printed, photocopied, photographic, or
`recorded matter.
`It shall include communications in words, symbols, pictures, sound recordings,
`films, tapes, and information stored in, or accessible through, computer or other information
`storage or retrieval systems, together with the codes and/or programming instructions and other
`materials necessary to understand and use such systems. For purposes of illustration and not
`limitation,
`the term shall
`include: affidavits; agendas; agreements; analyses; announcements;
`bills, statements, and other records of obligations and expenditures; books; brochures; bulletins;
`calendars; canceled checks, vouchers, receipts and other records of payments; charts, drawings;
`check registers; Checkbooks; circulars; collateral files and contents; contracts; corporate by-laws;
`corporate charters; correspondence; credit files and contents; deeds oftrust; deposit slips; diaries,
`drafts; files; guaranty agreements; instructions; invoices; lodgers, journals balance sheets, profit
`and loss statements, and other sources of financial data; letters; logs, notes, or memoranda of
`telephonic or face-to-face conversations; manuals; memoranda of all kinds, to and from any
`persons, agencies, or entities; minutes; minute books; notes; notices; pans lists; papers; press
`releases; printed matter (including published books, articles, speeches, and newspaper clippings);
`purchase orders; records; records of administrative, technical, and financial actions taken or
`recommended;
`reports; safety deposit boxes and contents and records of entry; schedules;
`security agreements; specifications; statement of bank accounts; statements, interviews; stock
`transfer
`ledger;
`technical and engineering reports, evaluations, advice,
`recommendations,
`commentaries, conclusions, studies, test plans, manuals, procedures, data, reports, results, and
`
`

`

`conclusions; summaries, notes, and other records and recordings of any conferences, meetings,
`visits,
`statements,
`interviews or
`telephone conversations;
`telegrams;
`teletypes and other
`communications sent or received; transcripts of testimony; UCC instruments; work papers; and
`all other writings, the contents of which relate to, discuss, consider, or otherwise refer to the
`subject matter of the particular discovery requested.
`
`"Person": The term "person" shall include individuals, associations, partnerships,
`,
`c.
`corporations, and any other type of entity or institution whether formed for business purposes or
`any other purposes.
`
`d.
`
`"Identify" or "Identification":
`
`When used in reference to a person, "identify" or "identification" means to
`(1)
`state his or her full name, present or last known residence address, present or last known
`business address and telephone number.
`
`When used in reference to a public or private corporation, governmental
`(2)
`entity, partnership or association, "identify" or "identification" means to state its full
`name, present or last known business address or operating address, the name of its chief
`executive officer and telephone number.
`
`When used in reference to a document, "identify" or "identification" shall
`(3)
`include statement ofthe following:
`
`(a)
`
`the title, heading, or eapti0n, ifany, of such document;
`
`(b)
`
`(C)
`
`(d)
`
`(C)
`
`the identifying number(s), letter(s), or combination thereof, if any;
`and the significance or meaning of such number(s), letter(s), or
`combination thereof,
`if necessary to an understanding of the
`document and evaluation of any claim of protection from
`discovery;
`
`the date appearing on such document; if no date appears thereon,
`the answer shall so state and shall give the date or approximate
`date on which such document was prepared;
`
`the number of pages and the general nature or description of such
`document (i.e., whether it is a letter, memorandum, minutes of a
`meeting, etc.), with sufficient particularity so as to enable such
`document to be precisely identified;
`
`the name and capacity of the person who signed such document; if
`it was not signed, the answer shall so state and shall give the name
`of the person or persons who prepared it;
`
`

`

`(l)
`
`the name and capacity of the person to whom such document was
`addressed and the name and capacity of such person, other than
`such addressee, to whom such document, or a copy thereof, was
`
`sent; and
`
`'
`
`(g)
`
`the physical location of the document and the name ofits custodian
`or custodians.
`
`Unless a specific date or dates is set forth in any specific question herein,
`(4)
`you are directed that each question shall be answered for the period of time up to and
`including the present date.
`
`C.
`
`"Settlement," as used herein, means an oral or written, disclosed or undisclosed
`agreement, bargain, contract, settlement, partial settlement,
`limited settlement,
`"arrangement, "deal", "understanding," loan arrangement, credit arrangement,
`contingent settlement,
`limitation 0n the amount of liability or judgment, or a
`promise by or between plaintiffs and any defendants or between any defendants
`herein whereby plaintiffs or defendant(s) have in any way released compromised,
`in whole or in part, directly or indirectly, or agreed to do so in the future, any of
`the matters in controversy in this lawsuit whether before, after or during trial or
`before or after any jury verdict is returned herein or a judgment is entered or
`rendered herein.
`
`The term "settlement" is also meant to include any resolution of the differences
`between the plaintiffs and defendant(s) by loan to the plaintiffs or any other
`device which is repayable in whole or in part out of any judgment the plaintiffs
`may recover against defendant(s).
`
`The term "settlement" shall also include "Mary Carter Agreements" as that term is
`used under Texas Law.
`
`
`
`

`

`PLAINTIFF’S FIRST SET OF INTERROGA'I'ORIES TO
`
`DEFENDANT CRS'I‘ MALONE INC.
`
`Is your name correctly stated in the petition on file in this cause?
`[NTERROGATORY NO. 1:
`If not, please state the correct way you should be designated as a party defendant in this action.
`
`ANSWER:
`
`INTERROGATORY NO. 2: Please state the full name, address, telephone number, job title,
`and job description of all persons answering or providing information used in answering these
`interrogatories.
`
`ANSWER:
`
`Identify the name and address of each potential party to this
`INTERROGATORY N0. 3:
`lawsuit, not already a party hereto.
`
`ANSWER:
`
`INIERROGATORY NO. 4: Was Defendant LONNIE D. BRAND, employed by you at the
`time of the collision made the basis of this suit? If not, please provide the name and address 01
`the individual or entity you contend was Defendant lONNlE D. BRAND’ S employer at the time
`this incident occurred.
`
`ANSWER:
`
`INTERROGATORY N0. 5: Please state in detail your understanding of how the collision
`occurred, and the name, address, phone number, job title, and job description of all persons,
`excluding your attorneys, who provided or recorded information upon which you have relied in
`answering this interrogatory.
`
`ANSWER:
`
`

`

`INTERROGATORY N0. 6: Please identify by name, address and telephone number each
`person who witnessed the accident.
`
`ANSWER:
`
`INTERROGATORY N0. 7: Was the truck/trailer in this case equipped with any collisiOn
`warning systems (CWS), including but not limited to Eaton VORAD or similar systems? If not,
`why not? Has your company ever considered utilizing such systems and have you performed
`any cost/benefit analysis regarding such systems?
`
`ANSWER:
`
`Please provide the date and circumstances surrounding all
`INTERROGATORY NO. 8:
`vehicular accidents Defendant LONNIE D. BRAND has been involved in while employed by
`you or driving on your behalf, as well as all vehicular accidents you have knowledge of prior to
`his involvement with your company.
`
`ANSWER:
`
`INTERROGATORY N0. 9: State the names of all insurance companies who had primary or
`excess (umbrella) insurance coverage in effect on the date(s) of the incident(s) made the basis of
`the Plaintiffs claims against you and the policy number(s), amount(s) or limit(s) of coverage
`which you contend apply to such incident(s).
`
`If any coverage limit is an aggregate limit, please state whether such limit has
`been reduced by any other claims and, ifso, the amount of such reduction.
`
`If any deductible or self-insured retention applies, please state the amount of
`Same.
`
`(a)
`
`(b)
`
`ANSWER:
`
`IN'I‘ERROGATORY NO. 10: Do you contend that Plaintiff’s injuries were caused by some
`other occurrence(s), disease or condition, either before or after the incident made the basis of this
`case? If so, describe in detail such other occurrence(s).
`
`ANSWER:
`
`
`
`

`

`
`
`INTERROGATORY N0. 11: Please state in full detail each and every contention or denial of
`liability on Plaintifl‘s claims made the basis ofthis suit.
`Include in your answer:
`
`all facts known to you, and all propositions of law that your attorney, or anyone
`acting on your behalf or their behalf, which you contend support or corroborate
`each such denial;
`
`the name, business and residence address, and telephone number of each person
`known to you who claims to have any knowledge relating to each such denial of
`Plaintiffs' claims; and
`
`the name, business and residence address, and telephone number of the present
`custodian of any writings in support ofeach such denial.
`
`(a)
`
`(b)
`
`(c)
`
`ANSWER:
`
`INTERROGATORY NO. 12: If you have made repairs to the vehicular damage which resulted
`from this occurrence, please provide:
`
`The name and address of the person or company who made such repairs; and
`
`The itemized cost of such repairs.
`
`l.
`
`2.
`
`ANSWER:
`
`INTERROGATORY N0. 13: Did your company own or lease the truck and trailer at issue in
`this case?
`If the truck and/or trailer was/were leased, please provide the name, address, and
`phone number of the c0mpany from whom you leased the tractor and/or trailer, as well as the
`‘ company you understand may own the tractor and/or trailer.
`
`ANSWER:
`
`INTERROGATORY NO. [4: Please provide the points of origin and destination of LONNIE
`1). BRAND on the route he was driving when this accident occurred, the time he began work and
`ceased work the day before and the day ofthis accident, and the number of miles he traveled the
`day before this accident and the day ofthis accident.
`
`ANSWER:
`
`
`
`

`

`
`
`INTERROGATORY NO. 15: Please describe the average number of hours LONNlE D.
`BRAND would drive in an average week for the four (4) weeks prior to this accident.
`
`ANSWER:
`
`INTERROGATORY N0.-l6: Please list all complaints, reprimands, or any other disciplinary
`action(s), formal or informal, you know of regarding LONNIE D. BRAND.
`
`ANSWER:
`
`INTERROGATORY NO. 17: Do you require drivers you employ to carry cameras, accident
`kits, exoneration cards, or other similar materials in their vehicles in the event of an accident? If
`
`so, please specifically describe and inventory the contents of such kits and/or items.
`
`ANSWER:
`
`INTERROGA'I‘ORY NO. 18: Please detail all actions taken by your company in investigating
`the background of [.ONle-I D. BRAND prior to hiring and/or retaining his services.
`Include the
`name, address, and phone number of any/all
`references and former/previous employers
`contacted.
`
`M:
`
`IN'I‘ERROGATORY NO. 19: Please describe any and all training or education in driving
`trucks provided to LONNIF. D. BRAND, whether by your company or any other person or
`entity.
`Please provide the dates of such training or education, enumerate the certifications
`received by LONNIIE D. BRAND, and indicate whether LONNIE D. BRAND required more
`than one attempt to pass any testing associated with such training.
`If not, please detail all
`education and training you are aware LONNIF. I). BRAND received from any other facility or
`company.
`
`ANSWER:
`
`
`
`

`

`
`
`INTERROGA'I'ORY N0. 20: Please describe all repairs that had been performed on the truck
`and trailer LONNlE D. BRAND was driving in the year prior to this accident occun'ing,
`including the name of all facilities that had inspected and/or worked on the tractor and trailer at
`issue in this case.
`
`ANSWER:
`
`
`
`

`

`CAUSE NO.
`
`SHARON MCCLELLAN
`
`VS.
`
`CRST MALONE INC. AND LONNIE D.
`
`BRAND
`
`mommumwawo
`
`IN THE DISTRICT COURT OF
`
`DALLAS COUNTY, TEXAS
`
`_TI-l JUDICIAL DISTRICT
`
`PLAINTIFF’S FIRST REQUEST FOR PRODUCTION
`TO DEFENDANTI CRST MALONE INC.
`
`TO:
`
`Defendant, CRST MALONE [NC., to be served with Citation.
`
`COMES NOW, SHARON MCCIJELLAN, Plaintiff, and pursuant to the Texas Rules of
`
`Civil Procedure hereby requests that Defendant produce and permit Plaintiff's counsel to inspect and
`
`copy the following designated documents:
`
`Plaintiff requests Defendant to produce in the offices of Plaintiff's attorney fifiy (50) days
`
`after receipt of this Plaintifi‘s Request for Production, as attached.
`
`Respectfully submitted,
`
`SCHECHTER McELWEE, Sl-IAFFFR & HARRIS, L.L.P.
`
`AN S. HARRIS
`
`“tale Bar No. 00796714
`
`
`
`= as State Bar No. 2407828|
`
`, 200 Travis, 3'd Floor
`
`Houston, TX 77006
`
`ID BUCKLEY
`
`(713) 524-3500
`TEL:
`(713) 75l-04l2
`FAX:
`ATTORNEYS FOR PLAINTIFF
`
`

`

`CERTIFICATE OF SERVICE
`
`This is to certify that a true and correct copy of Plaintiff’s First Request for Production to
`Defendant is being forwarded to Defendants along with Plaintiff’s Original Petition.
`
`N S. HARRIS
`
`

`

`DEFINITIONS AND INSTRUCTIONS
`
`As used herein, the terms "you" and "your" shall mean CRST MALONE lNC.,
`1.
`its departments, agencies, and subdivisions,
`its employees, drivers,
`independent
`Defendant,
`contractors, owner/operators, trip Iessors and its’ attorneys, investigators, brokers, agents, or any
`other representatives.
`
`As used herein, the term "documents" shall mean all writings of every kind,
`2.
`source and authorship, both originals and all nonidentical copies thereof, in your possession,
`custody, or eomrol, or known by you to exist, irrespective of whether the writing in one intended
`for or transmitted internally by you, or intended for or transmitted to any other person or entity,
`including without
`limitation any government agency, department, administrative, or private
`entity or person. The term shall include handwritten, typewritten, printed, photocopied, photo-
`graphic, or recorded matter.
`It shall include communications in words, symbols, pictures, sound
`recordings, films,
`tapes, and information stored in, or accessible through, computer or other
`information storage or
`retrieval
`systems,
`together with the codes andfor programming
`instructions and other materials necessary to understand and use such systems. For purposes of
`illustration and not limitation, the term shall include: affidavits; agendas; agreements; analyses;
`announcements; bills, statements, and other records of obligations and expenditures; books;
`brochures; bulletins; calendars; canceled checks, vouchers,
`receipts and other records of
`payments; charts, drawings; check registers; Checkbooks; circulars; collateral files and contents;
`contracts; corporate bylaws; corporate charters; correspondence; credit files and contents; deeds
`of trust; depOSit slips; diaries, drafts; files; guaranty agreements; instructions; invoices; ledgers,
`journals, balance sheets, profit and loss statements, and other sources of financial data; letters;
`logs, notes, or memoranda of telephonic or face-to-face conversations; manuals; memoranda of
`all kinds, to and from any persons, agencies, or entities; minutes; minute books; notes; notices;
`parts lists; papers; press releases; printed matter (including books, articles, speeches, and
`newspaper clippings); purchase orders;
`records;
`records of administrative,
`technical, and
`financial actions taken or recommended; reports; safety deposit boxes and contents and records
`of entry; schedules; security agreements; specifications; statement of bank accounts; statements,
`interviews;
`stock transfer
`ledger;
`technical and engineering reports, evaluations, advice,
`recommendations, commentaries, conclusions, studies,
`test plans, manuals, procedures, data,
`reports, results, and conclusions; summaries, notes, and other records and recordings of any
`conferences, meetings, visits, statements,
`interviews or telephone conversations;
`telegrams;
`‘ teletypes and other communications sent or received; transcripts oftestimony; UCC instruments;
`work papers; and all other writings,
`the c0ntents of which relate to, discuss, consider, or
`otherwise refer to the subject matter of the particular discovery requested.
`
`A document is deemed to be in your possession, custody or control if you have either
`actual physical possession of a document or constructive possession of the document.
`Constructive possession means that you have a superior right to compel the production of such
`document or a copy thereof from a third party having actual physical possession of the
`document.
`
`firms, partnerships,
`"Person" or "persons" means any natural persons,
`3.
`associations, joint ventures, corporations and any other form of business organization or
`
`
`
`

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`arrangement, as well as government or quasi-govemmental agencies.
`person, include all natural persons associated with such entity.
`
`If other than a natural
`
`Accident: Unless otherwise defined in a specific request, the term "Accident", as
`4.
`used herein, means the accident forming the basis for this suit.
`
`Accident Files and Records: The term “Accident Files and Records”, as used
`5.
`is intended to have broad reference to all forms of recorded information,
`including
`herein,
`writings and recordings as defined in Rule 1001, Rules of Evidence, and includes written or
`recorded statements,
`reports, memorandums,
`correspondence, maps, diagrams, pictures,
`blueprints, plats, and other related objects and documents,
`letters to or from or records and
`reports required from the Defendant by other organizations, state and/or Federal governmental
`agencies.
`
`Co-Driver: As USed herein “Co-Driver” means any person(s) driving or riding
`6.
`with LONNIE D. BRAND from time to time in over-the-road motor carrier equipment, owned or
`operated by the Defendant, and from time to time working for or with LONNIE D. BRAND in
`the capacity ofa co-driver andfor driver trainer.
`
`the term “Driver or Drivers” means any person
`Driver: As used herein,
`7.
`employed, or contracted for or with, by Defendant,
`including persons known as co-drivers,
`independent contractors, owner operators or trip lessors and includes persons furnished to the
`Defendant and drivers by any other person or organization who perform driving services for or
`on hehalfofCRST MALONE INC.
`
`Driver’s Qualification File: As used herein, the term “Driver’s Qualification
`8.
`File”, means those records specifically required by the FMCSR Part 382, 383 and 391 (see
`Definitions "‘15” and “16”) to be created and maintained by CRST MALONE [NC., on any
`driver who performs services or work for or on behalf of CRST MALONE INC, For your
`convenience, a basic description and definition of the documents requested is shown in sub-
`defrnitions “F-l through F- 13", found in request number 2 herein, which are incorporated in this
`definition by reference. The definition does not include those documents defined in Definition
`“G“ or other definitions found herein.
`
`Driver’s Personnel File: The term “Driver’s Personnel File”, as used herein,
`9.
`means any and all
`files, records, communications or documents created by a driver, CRST
`MALONE |NC., or any other person or organization that contains documents directed to,
`received from or about a driver (see Definition “E”). For your convenience, a basic description
`and definition ofthe documents required are shown in sub-definitions “G-l through G-S” found
`in request number 4 herein, which are incorporated in this definition by reference. This
`definition does not include those documents found in Definition “F” or other definitions herein.
`
`is defined as
`Trip'Operational Documents: The term “Trip”, as used herein,
`10.
`the transportation and/or movement of one load of cargo, regardless of load size or type, from its
`origin(s) to final destination(s) and includes the travel empty or unloaded from that destination
`point to the next point or location of loading, end oftrip or new trip origin. The meaning ofthe
`term “Operational Documents”, as used herein,
`is clearly defined in sub-definitions “H-l
`through l-l-7” found in request number “I” herein for your convenience, which are incorporated
`
`

`

`in this definition by reference and are applicable to the records generated for each trip made by
`LONNIE D. BRAND during the time period requested.
`
`Tractor: The term “Tractor”, as used herein, unless otherwise defined in a
`ll.
`specific request herein, means the over-the-road vehicular power unit being operated by
`LONNIE D. BRAND at the time the accident occurred.
`
`Trailer: The term “Trailer”, as used herein, unless otherwise defined in a
`12.
`specific request herein, means any Trailer that may have been attached to the power unit being
`operated by LONNIE D. BRAND on the date ofthe accident.
`
`Hours of Service Records: As used herein, the term “Hours of Service Records”,
`13.
`means any and all documents created in reference to the FMCSR Part 395 (see definitions “15”
`and “16”), including, but not limited to, driver’s record ofduty status or driver‘s daily logs, time
`worked cards or other time work records or summaries, CRST MALONE lNC., administrative
`driver’s record of duty status or log audits andfor 70/60-hour log audits or summaries along with
`any records or reports ofviolations or, any otherwise described documents advising Defendant of
`hours of service violations. This specifically includes all advice, reprimands or warnings given
`or sent to LONNIE D. BRAND or any ofhis co-driver(s) for violations ofthc FMCSR Part 395
`(see definitions “15” and “16”), “Hours of Service of Drivers” Regulations created by or on
`behalfof CRST MALONE INC.
`
`14. Maintenance Files and Records: As used herein, the term “Maintenance Files
`and Records”, means those documents required to be created and/or maintained by CRST
`MALONE INC,
`in accordance with the FMCSR Part 396 (see Definitions “15” and “16”),
`“Inspection, Repair and Maintenance.” This includes, but is not limited to, all driver’s Truck and
`Trailer daily condition reports, all systematic and annual inspections, work or repair orders, list
`of add-ons andfor take-offs of equipment parts and accessories, accounting records, bills, or
`notes of repairs or maintenance and all summary type maintenance documents prepared by
`Defendant or other agencies or organizations, inclusive of any summary or computer generated
`type systematic lubrication, inspection and maintenance records and documents in the possession
`of Defendant on the Tractor or Trailer as defined in Definitions “1 l” and “l2” herein. This
`
`definition specifically includes any and all driver daily condition reports created by any driver
`and maintenance files and records maintained by and in the possession of any other person or
`organization performing maintenance services for or on behalf of Defendant.
`
`CFR, Title 49, Parts 382 through 397: As used herein, “CFR Title 49” means
`15.
`the “Code of Federal Regulations”, Title 49-Transportation, US. Department of'l'ransportation,
`Chapter 3, Federal Highway Administration, Subchapter 3- Parts 382 through 397 titled the
`“Federal Motor Carriers Safety Regulations” in effect on the date of the accident in question,
`hereinafter referred to as "'FMCSR, Parts 382, 383, 385,387, 391,392, 393, 395,396, or 397.”
`
`FMCSR: As used herein, "FMCSR" means the “Federal Motor Carrier Safety
`15.
`Regulations” as defined in Definition “” herein.
`
`FOMCl-IS: As used herein, “FOMCHS” means the Federal (iovemmental Entity
`i6.
`within the Federal Department of Transportation known as the “Federal Office of Motor Carrier
`and Highway Safety, Field Operations,” which is the federal agency havingjurisdiction and field
`
`

`

`enforcement responsibilities for