FILED
`24-0290
`4/15/2024 12:00 AM
`tex-86630954
`SUPREME COURT OF TEXAS
`BLAKE A. HAWTHORNE, CLERK
`
`No. ___________
`
`
`
`
`
`In the Supreme Court of Texas
`
`
`IN RE SPACE EXPLORATION TECHNOLOGIES CORP. AND LAUREN
`KRUEGER,
`
`
`
`Relators.
`
`Original Proceeding from the
`444th District Court Cameron County, Texas
`No. 2020-DCL-03939
`Following denial of mandamus relief by
`Thirteenth Court of Appeals at Corpus Christi, Texas
`No. 13-24-00042-CV
`
`RECORD TO PETITION FOR WRIT OF MANDAMUS
`VOLUME 5 OF 5
`
`
`
`
`
`
`
`ROERIG, OLIVEIRA & FISHER LLP
`D. Alan Erwin
`State Bar No. 06653020
`10225 N. 10th Street
`McAllen, TX 78504
`(956) 393-6300
`aerwin@rofllp.com
`
`Counsel for Relator Lauren Elizabeth
`Krueger
`
`
`MORGAN, LEWIS & BOCKIUS LLP
`William R. Peterson
`State Bar No. 24065901
`william.peterson@morganlewis.com
`Michelle D. Pector
`State Bar No. 24027726
`michelle.pector@morganlewis.com
`Jared Wilkerson
`State Bar No. 24084096
`jared.wilkerson@morganlewis.com
`1000 Louisiana, Suite 4000
`Houston, Texas 77002
`(713) 890-5000
`(713) 890-5001 (Fax)
`
`ROERIG, OLIVEIRA & FISHER LLP
`David Oliveira
`
`State Bar No. 15254675
`10225 N. 10th Street
`McAllen, TX 78504
`(956) 393-6300
`doliveira@rofllp.com
`
`
`
`
`
`
`Counsel for Relator Space Exploration
`Technologies Corp.
`
`
`
`

`

`INDEX OF RECORD TO PETITION FOR WRIT OF MANDAMUS
`
`Tab No. Page No.
`
`Description
`
`Record to Petition for Writ of Mandamus before
`Court of Appeals
`
`Petition for Writ of Mandamus before Court of
`Appeals
`
`1/11/2024
`
` MR2257
`
`Order Setting Mandamus Response Deadlines
`
`Date Filed
`
`1/11/2024
`
`1/12/2024
`
`1/16/2024
`
`1/22/2024
`
`1/22/2024
`
`1/23/2024
`
`1
`
`2
`
`3
`
`4
`
`5
`
` MR0001
`
` MR2193
`
` MR2259
`
` MR2261
`
`6
`
` MR2266
`
`7
`
` MR2271
`
`8
`
`9
`
` MR2276
`
` MR2284
`
`10
`
` MR2289
`
`11
`
` MR2296
`
`Appearance of Counsel Sarah Durham for Hector
`Garcia, Jr.
`
`Real Party in Interest Hector Garcia, Jr.’s First
`Motion for Extension of Time to file Response to
`Petition for Writ of Mandamus
`
`Real Parties in Interest Jose Ruiz and Humberto
`Garcia’s First Motion for Extension of Time to file
`Response to Mandamus Petition
`
`Real Party in Interest Hector Garcia, Jr.’s Amended
`First Motion for Extension of Time to file Response
`to Petition for Writ of Mandamus
`
`Real Parties in Interest Jose Ruiz and Humberto
`Garcia’s Motion to Abate
`
`2/14/2024
`
`Real Party in Interest Hector Garcia, Jr.’s Response
`to Real Parties in Interest Jose Ruiz and Humberto
`Garcia’s Motion to Abate
`
`Real Party in Interest Hector Garcia, Jr.’s Second
`Motion for Extension of Time to file Response to
`Mandamus Petition
`
`Real Parties in Interest Jose Ruiz and Humberto
`Garcia’s Second Motion for Extension of Time to file
`Response to Mandamus Petition
`
`2/16/2024
`
`2/21/2024
`
`2/21/2024
`
`12
`
`13
`
`14
`
` MR2304
`
`Relators’ Response to Second Motions for Extension
`
`2/21/2024
`
` MR2311
`
`Relators’ Response to Motion to Abate
`
` MR2321
`
`Real Parties in Interest Jose Ruiz and Humberto
`Garcia’s Reply in Support of Motion to Abate
`
`15
`
` MR2330
`
`Real Parties in Interest Jose Ruiz and Humberto
`Garcia’s Amended Reply in Support of Motion to
`Abate
`
`2/26/2024
`
`3/07/2024
`
`3/08/2024
`
`16
`
` MR2339
`
`Real Party in Interest Hector Garcia, Jr.’s Agreement
`to Real Parties in Interest Jose Ruiz and Humberto
`
`3/08/2024
`
`
`
`

`

`17
`
` MR2344
`
`18
`
` MR2346
`
`19
`
` MR2348
`
`20
`
` MR2350
`
`21
`
` MR2386
`
`22
`
` MR2387
`
`23
`
` MR2388
`
`24
`
` MR2389
`
`25
`
` MR2390
`
`26
`
` MR2391
`
`27
`
` MR2392
`
`28
`
` MR2393
`
`29
`
` MR2394
`
`Garcia’s Amended Reply in Support of Motion to
`Abate
`
`Letter Brief to Trial Court in Support of Opposition
`to Motion for New Trial, SpaceX’s Bill of Costs and
`Submission of Proposed Order Denying Motion for
`New Trial
`
`12/13/2023
`
`Defendants’ Proposed Order Denying Jose Ruiz and
`Humberto Garcia’s Motion for New Trial
`
`12/13/2023
`
`Service of Relators’ Petition for Writ of Mandamus
`to Judge Sanchez
`
`Master Index to the Court Reporter’s Record,
`Volume 1 of 11
`
`Certificate of Court Reporter certifying transcription
`of the July 31, 2023 Voir Dire proceedings from the
`Trial on the Merits, Volume 2 of 11
`
`Certificate of Court Reporter certifying transcription
`of the August 1, 2023 proceedings from the Trial on
`the Merits, Volume 3 of 11
`
`Certificate of Court Reporter certifying transcription
`of the August 2, 2023 proceedings from the Trial on
`the Merits, Volume 4 of 11
`
`Certificate of Court Reporter certifying transcription
`of the August 3, 2023 proceedings from the Trial on
`the Merits, Volume 5 of 11
`
`Certificate of Court Reporter certifying transcription
`of the August 4, 2023 proceedings from the Trial on
`the Merits, Volume 6 of 11
`
`Certificate of Court Reporter certifying Plaintiffs’
`trial exhibits from the Trial on the Merits, Volume 7
`of 11
`
`Certificate of Court Reporter certifying Plaintiffs’
`trial exhibits from the Trial on the Merits, Volume 8
`of 11
`
`Certificate of Court Reporter certifying Plaintiffs’
`trial exhibits from the Trial on the Merits, Volume 9
`of 11
`
`Certificate of Court Reporter certifying Defendants’
`trial exhibits from the Trial on the Merits, Volume
`10 of 11
`
`1/12/2024
`
`1/18/2024
`
`1/18/2024
`
`1/18/2024
`
`1/18/2024
`
`1/18/2024
`
`1/18/2024
`
`1/18/2024
`
`1/18/2024
`
`1/18/2024
`
`1/18/2024
`
`
`
`

`

`30
`
` MR2395
`
`31
`
` MR2396
`
`Certificate of Court Reporter certifying Defendants’
`trial exhibits from the Trial on the Merits, Volume
`11 of 11
`
`Declaration of Michelle Pector Authenticating the
`Contents of the Record and Appendix
`
`
`
`1/18/2024
`
`4/12/2024
`
`
`
`
`
`

`

`ID
`
`AAC2 - Arellano Combined-Final
`
`DURATION
`DESIGNATION SOURCE
`you observed, the black Tundra that was involved in the
`30:12
`accident on February 5th, 2020, was fine to drive after
`30:13
`the accident?
`30:14
`30:15 A. Yes, ma'am.
`30:16 Q. After the accident, did Jose Ruiz drive the
`30:17
`Toyota black Tundra from his home to work every day for
`30:18
`two months?
`30:19 A. Yes.
`30:20 Q. When you were in the vehicle driving to and
`30:21
`from work in the two-month period after the
`30:22
`February 5th, 2020 accident, was everyone in the vehicle
`30:23
`capable of going to work?
`
`31:01 - 31:06
`
`Arellano, Alejandro 2022-05-09
`
`00:00:19
`
`AAC2.38
`
`31:12 - 31:16
`
`31:01 A. Yes.
`31:02 Q. Oh. Mr. Arellano, is it correct that after the
`31:03
`two-month period, the only reason why you did not
`31:04
`continue driving with Jose Ruiz to work was because you
`31:05
`got shifted to a different project?
`31:06 A. Yes, ma'am.
`
`Arellano, Alejandro 2022-05-09
`31:12 Q. When you would drive with Jose Ruiz in the
`31:13
`vehicles to and from work, were there times when you
`31:14
`would ever stop to get a coffee or breakfast to eat on
`31:15
`the way to work?
`31:16 A. Yes, we would stop at a gas station.
`
`00:00:15
`
`AAC2.158
`
`31:19 - 31:23
`
`Arellano, Alejandro 2022-05-09
`
`00:00:12
`
`AAC2.159
`
`31:19 Q. When you stopped, would you get a snack,
`something to drink?
`31:20
`31:21 A. Yeah, I would get a coffee and a taco.
`31:22 Q. What would Mr. Ruiz get?
`31:23 A. Coffee.
`
`32:05 - 32:10
`
`Arellano, Alejandro 2022-05-09
`
`00:00:09
`
`AAC2.39
`
`32:05 Q. So while you were driving down the road, would
`you drink your coffee?
`32:06
`32:07 A. Yes.
`32:08 Q. And Jose would drink his coffee while driving
`32:09
`down the road?
`32:10 A. Yes, ma'am.
`
`34:16 - 35:21
`
`Arellano, Alejandro 2022-05-09
`
`00:01:38
`
`AAC2.40
`
`Defendant
`
`Plaintiffs
`
`10 / 34
`
`MR2117
`
`

`

`AAC2.40
`
`AAC2 - Arellano Combined-Final
`
`DURATION
`
`DESIGNATION SOURCE
`34:16 Q. What else would Jose Ruiz do besides the
`34:17
`welding?
`34:18 A. Screw -- screw the deck and he would clean
`34:19
`after -- when we'll go home, we'll help him clean our
`34:20
`area.
`34:21 Q. Okay. When you would finish -- let me ask you
`34:22
`this: Mr. Arellano, when you were working on the SpaceX
`34:23
`project -- SpaceX project after the February 5th, 2020
`34:24
`accident, what was your typical workday?
`34:25 A. I don't remember exactly the day.
`35:01 Q. Do you remember what time you would meet at
`35:02
`Jose Ruiz' house?
`35:03 A. Yes. It was at 5:30 in the morning.
`35:04 Q. What time would you typically leave his house?
`35:05 A. At 6:00.
`35:06 Q. So you would wait at his house until Humberto
`35:07
`arrived and Hector Garcia, Junior, arrived?
`35:08 A. We would wait for Hector Garcia and then we
`35:09
`would meet Humberto on the side of the freeway on Ware
`35:10
`road.
`35:11 Q. Humberto's wife would take him to that
`35:12
`location?
`35:13 A. Yes.
`35:14 Q. Did Humberto ever drive?
`35:15 A. No.
`35:16 Q. Did anybody ever drive the Toyota Tundra to or
`35:17
`from the work site besides Jose Ruiz?
`35:18 A. No.
`35:19 Q. So he was the designated driver for Ruiz
`35:20
`Erectors?
`35:21 A. Yes.
`
`36:20 - 37:07
`
`Arellano, Alejandro 2022-05-09
`
`00:00:35
`
`AAC2.41
`
`36:20 Q. When was the last time you saw Jose Ruiz?
`36:21 A. The last time I saw him was three months ago.
`36:22 Q. Where did you see him?
`36:23 A. I saw him in a store.
`36:24 Q. Grocery store?
`36:25 A. Yes.
`37:01 Q. He was shopping?
`37:02 A. Yes.
`
`Defendant
`
`Plaintiffs
`
`11/34
`
`MR2118
`
`

`

`AAC2 - Arellano Combined-Final
`
`DESIGNATION SOURCE
`37:03 Q. Was he by himself or was he with his wife or
`37:04
`someone else?
`37:05 A. By himself.
`37:06 Q. And was he doing well?
`37:07 A. He was doing all right.
`
`DURATION
`
`ID
`
`37:15 - 37:15
`
`37:17 - 38:19
`
`Arellano, Alejandro 2022-05-09
`37:15 Q. Did he drive to the grocery store himself?
`
`00:00:03
`
`AAC2.42
`
`AAC2.43
`
`00:01:15
`
`Arellano, Alejandro 2022-05-09
`37:17 A. Yes.
`37:18 Q. (By Ms. Pector) So you mentioned, Mr. Arellano,
`37:19
`you would meet at Jose Ruiz's house at 5:30 a.m. to go
`37:20
`to work and then leave his house at 6:00 a.m. for work
`37:21
`after the accident, correct?
`37:22 A. Yes, ma'am.
`37:23 Q. When you would drive to work, what time would
`37:24
`you typically arrive at work?
`37:25 A. At work I would arrive 8:30 in the morning.
`38:01 Q. Is it correct to say that it would take about
`38:02
`two hours to get from Mission to the work site after the
`38:03
`accident?
`38:04 A. Yes.
`38:05 Q. The 30 minutes would be a stop to get food and
`38:06
`drinks --
`38:07 A. Yes, ma'am.
`38:08 Q. -- on the way? Would you stop every day?
`38:09 A. Yes.
`38:10 Q. And get coffee every day?
`38:11 A. Uh-huh.
`38:12 Q. Is that "yes"?
`38:13 A. Yes, ma'am.
`38:14 Q. Every day when you would drive to work after
`38:15
`the accident, would you and Jose Ruiz drink coffee
`together on the way to work?
`38:16
`38:17 A. Yes, ma'am.
`38:18 Q. Would you listen to music in the car?
`38:19 A. Yes.
`
`39:02 - 39:04
`
`Arellano, Alejandro 2022-05-09
`
`00:00:12
`
`AAC2.44
`
`39:02 Q. It was always the four of you in the vehicle
`39:03
`together or sometimes did other people ride with you?
`39:04 A. No, it was only us four.
`
`Defendant
`
`Plaintiffs
`
`12 / 34
`
`MR2119
`
`

`

`DESIGNATION SOURCE
`
`DURATION
`
`39:16 - 40:03
`
`Arellano, Alejandro 2022-05-09
`
`00:00:35
`
`AAC2.45
`
`AAC2 - Arellano Combined-Final
`
`39:16 Q. Yeah. So February 5th, 2020, the day of the
`39:17
`accident was the first day of Hector Garcia, Junior's
`work on the SpaceX project?
`39:18
`39:19 A. No, it was already there before the accident.
`39:20 Q. Oh, he had already started working on the
`39:21
`SpaceX project before then?
`39:22 A. Yes.
`39:23 Q. How long had you worked on the SpaceX project
`39:24
`before the accident?
`39:25 A. I think it was a month.
`40:01 Q. And then you said you worked on that project
`40:02
`two months after the accident?
`40:03 A. Yes.
`
`40:17 - 41:01
`
`Arellano, Alejandro 2022-05-09
`
`00:00:37
`
`AAC2.46
`
`Okay. So is it fair to say that every day
`40:17
`after the February 5th, 2020 accident you would drive
`40:18
`approximately 240 miles with Jose Ruiz, Humberto Garcia
`40:19
`and Hector Garcia, Junior, from Mission, Texas to the
`40:20
`SpaceX project site?
`40:21
`40:22 A. Yes, ma'am.
`40:23 Q. Mr. Garcia was always the driver for those
`40:24
`trips -- I'm sorry, Mr. Ruiz, Jose Ruiz was always the
`40:25
`driver for those trips?
`41:01 A. Yes.
`
`41:02 - 41:13
`
`Arellano, Alejandro 2022-05-09
`
`00:00:29
`
`AAC2.47
`
`41:02 Q. When you are not working, Mr. Arellano, do you
`41:03
`ever get together socially with Jose Ruiz?
`41:04 A. No.
`41:05 Q. Ever or never?
`41:06 A. Never.
`41:07 Q. Okay. You have never had any events where
`41:08
`there was a social gathering of Ruiz Erector employees
`on a weekend where other employees came?
`41:09
`41:10 A. No.
`41:11 Q. Did you ever get together socially with
`41:12
`Humberto Garcia?
`41:13 A. No.
`
`41:14 - 41:15
`
`Arellano, Alejandro 2022-05-09
`
`00:00:04
`
`AAC2.48
`
`Defendant
`
`Plaintiffs
`
`13 / 34
`
`MR2120
`
`

`

`DESIGNATION SOURCE
`
`DURATION
`
`AAC2 - Arellano Combined-Final
`
`41:14 Q. Is Humberto Garcia a friend of yours?
`41:15 A. He's a friend.
`
`AAC2.48
`
`41:16 - 41:20
`
`Arellano, Alejandro 2022-05-09
`
`00:00:09
`
`AAC2.49
`
`41:16 Q. Do you keep in touch with him?
`41:17 A. No.
`41:18 Q. Have your families ever had any activity
`41:19
`together?
`41:20 A. No.
`
`42:19 - 42:24
`
`Arellano, Alejandro 2022-05-09
`
`00:00:23
`
`AAC2.50
`
`42:19 Q. When you worked to Ruiz Erectors, how many days
`42:20
`a week would you work for them?
`42:21 A. Monday through Friday.
`42:22 Q. Were there ever times when you needed to work
`42:23
`on weekends?
`42:24 A. Yes. There were sometimes.
`
`43:23 - 44:04
`
`Arellano, Alejandro 2022-05-09
`
`00:00:31
`
`AAC2.51
`
`43:23 Q. Mr. Arellano, I'm going to take you to the day
`43:24
`of the accident, which was February 5th, 2020. Can you
`43:25
`tell me what is the first thing you remember that day.
`44:01 A. I was sitting of the front seat, I was a
`44:02
`passenger. We were at a light and we started hearing
`44:03
`the truck beep. By the time I looked up to look at the
`44:04
`dashboard, we just got hit from the back.
`
`44:09 - 44:11
`
`Arellano, Alejandro 2022-05-09
`
`00:00:07
`
`AAC2.52
`
`44:09 Q. (By Ms. Pector) I'm talking about the Toyota
`44:10
`Tundra that you were in. How many miles an hour was the
`44:11
`Toyota Tundra going at the time of the accident?
`
`44:13 - 44:16
`
`Arellano, Alejandro 2022-05-09
`
`00:00:12
`
`AAC2.53
`
`44:13 A. We were stopped at a red light.
`44:14 Q. (By Ms. Pector) Red light. How many cars were
`in front of you?
`44:15
`44:16 A. In front of us was three cars.
`
`45:10 - 45:21
`
`Arellano, Alejandro 2022-05-09
`
`00:00:38
`
`AAC2.54
`
`45:10 Q. So once you felt the bump of the vehicle behind
`45:11
`you, what happened next?
`45:12 A. We all got down and checked -- well, I got down
`45:13
`and ran to the driver's side to check on Jose and
`45:14
`Hector. And Humberto got down, too, and we checked on
`Jose and he was doing fine.
`45:15
`
`Defendant
`
`Plaintiffs
`
`14 / 34
`
`MR2121
`
`

`

`DESIGNATION SOURCE
`
`DURATION
`
`ID
`
`AAC2 - Arellano Combined-Final
`
`45:16 Q. And when you say you got down, you mean you had
`45:17
`immediately jumped out of the truck?
`45:18 A. Yes.
`45:19 Q. So you and Humberto and Hector Garcia all
`45:20
`jumped out immediately after the bump?
`45:21 A. Yes, ma'am.
`
`46:03 - 46:06
`
`Arellano, Alejandro 2022-05-09
`
`00:00:12
`
`AAC2.55
`
`46:03 Q. Okay. And then when you checked on Jose Ruiz
`and saw he was fine, what did he do next?
`46:04
`46:05 A. He got down and we went to go check on the
`46:06
`person that was behind us.
`
`46:07 - 46:10
`
`Arellano, Alejandro 2022-05-09
`
`00:00:15
`
`AAC2.56
`
`46:07 Q. What did you --when you checked on the person
`46:08
`behind you, was he fine, too?
`46:09 A. He was. He was fine but he was having -- his
`46:10
`head was hurting and his back.
`
`46:19 - 46:20
`
`Arellano, Alejandro 2022-05-09
`
`00:00:08
`
`AAC2.57
`
`46:19 Q. When you saw Hector Garcia, Junior, did you see
`46:20
`anything physically wrong with him?
`
`46:22 - 46:25
`
`Arellano, Alejandro 2022-05-09
`
`00:00:08
`
`AAC2.58
`
`46:22 A. No, everything was fine.
`46:23 Q. (By Ms. Pector) And when you saw Humberto
`46:24
`Garcia right after the accident, did you see anything
`46:25
`physically wrong with him?
`
`47:02 - 47:02
`
`Arellano, Alejandro 2022-05-09
`
`00:00:02
`
`AAC2.59
`
`47:02 A. No.
`
`47:25 - 48:10
`
`Arellano, Alejandro 2022-05-09
`
`00:00:23
`
`AAC2.60
`
`47:25 Q. Okay. No -- is it correct that Hector Garcia,
`48:01
`Junior, did not get any medical treatment at the scene?
`48:02 A. No.
`48:03 Q. Did Humberto Garcia get any medical treatment
`48:04
`at the scene?
`48:05 A. No.
`48:06 Q. Did Jose Ruiz get any medical treatment at the
`48:07
`scene?
`48:08 A. No.
`48:09 Q. Did you get any medical treatment at the scene?
`48:10 A. No. They took us to a little clinic that was
`
`Defendant
`
`Plaintiffs
`
`15 / 34
`
`MR2122
`
`

`

`DESIGNATION SOURCE
`
`AAC2 - Arellano Combined-Final
`
`48:24 - 49:09
`
`
`
`Alejandro Arellano, 2022-05-09
`
`
`
`DURATION
`
`00:00:19
`
`AAC2.62
`
`48:24 Q. There was no request for medical treatment by
`48:25
`Jose Ruiz, right?
`49:01 A. No.
`49:02 Q. Did Humberto Garcia request any medical
`49:03
`assistance?
`49:04 A. No, he didn't.
`49:05 Q. Did Hector Garcia, Junior, request any medical
`49:06
`assistance?
`49:07 A. No.
`49:08 Q. Did you request any medical assistance?
`49:09 A. No.
`
`49:13 - 49:15
`
`Arellano, Alejandro 2022-05-09
`
`00:00:12
`
`AAC2.63
`
`49:13 Q. Okay. Do you remember -- did anybody tell the
`49:14
`police that they needed medical attention?
`49:15 A. No.
`
`49:20 - 49:21
`
`Arellano, Alejandro 2022-05-09
`
`00:00:05
`
`AAC2.64
`
`49:20 Q. Were you just walking around the area?
`49:21 A. Uh-huh, yes.
`
`50:02 - 50:04
`
`Arellano, Alejandro 2022-05-09
`
`00:00:06
`
`AAC2.65
`
`50:02 Q. Did -- were the lights on the Toyota Tundra on
`50:03
`or off?
`50:04 A. They were on.
`
`50:08 - 50:09
`
`Arellano, Alejandro 2022-05-09
`
`00:00:05
`
`AAC2.66
`
`50:08 Q. Is the Toyota Tundra a full-sized truck?
`50:09 A. Yes.
`
`50:17 - 51:05
`
`Arellano, Alejandro 2022-05-09
`
`00:00:36
`
`AAC2.67
`
`50:17 Q. When the accident happened, what did you see
`50:18
`Jose Ruiz do?
`50:19 A. Nothing. He was holding the steering wheel
`50:20
`waiting for the green light -- the red light to turn
`50:21
`green.
`50:22 Q. Okay. Do you know if he had both hands on the
`50:23
`steering wheel or only one hand?
`50:24 A. I think he only had one hand.
`50:25 Q. Do you remember which hand?
`51:01 A. I think it was his left hand.
`51:02 Q. Was music on when the accident happened?
`51:03 A. No, ma'am.
`
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`
`Plaintiffs
`
`16 / 34
`
`MR2123
`
`

`

`DESIGNATION SOURCE
`
`DURATION
`
`AAC2 - Arellano Combined-Final
`
`51:04 Q. It was quiet in the car?
`51:05 A. It was quiet, yes.
`
`51:11 - 51:17
`
`Arellano, Alejandro 2022-05-09
`
`00:00:23
`
`AAC2.68
`
`51:11 Q. Okay. And then once you got out of the car and
`51:12
`checked on Jose Ruiz and he was fine, did everyone stay
`51:13
`exited from the vehicle while the police were there?
`51:14 A. Yeah. We all got out of the --
`51:15 Q. Did another truck from Ruiz Erectors come to
`51:16
`the scene?
`51:17 A. Yes. Martin, Senior.
`
`52:08 - 52:13
`
`Arellano, Alejandro 2022-05-09
`
`00:00:13
`
`AAC2.69
`
`52:08 Q. How long did they stay at the scene?
`52:09 A. They stayed for, I think, 5 minutes and they
`52:10
`left to the job site.
`52:11 Q. Did they get out just to make sure all of you
`52:12
`were okay?
`52:13 A. Yes.
`
`52:18 - 52:20
`
`Arellano, Alejandro 2022-05-09
`
`00:00:06
`
`AAC2.70
`
`52:18 Q. (By Ms. Pector) Did Martin Ruiz talk to Jose
`52:19
`Ruiz?
`52:20 A. Yes, he did.
`
`53:17 - 54:08
`
`Arellano, Alejandro 2022-05-09
`
`00:00:35
`
`AAC2.71
`
`53:17 Q. Did you have your seat belt on at the time?
`53:18 A. Yes, ma'am.
`53:19 Q. Did Jose Ruiz have his seat belt on?
`53:20 A. Yes.
`53:21 Q. And Hector Garcia, Junior, had his seat belt
`53:22
`on?
`53:23 A. Yes.
`53:24 Q. Humberto Garcia had his seat belt on?
`53:25 A. Yes.
`54:01 Q. Nobody hit their head, correct?
`54:02 A. No.
`54:03 Q. And did you see anyone lose consciousness after
`54:04
`the accident?
`54:05 A. No, no one lost consciousness.
`54:06 Q. So everybody was conscious and able to get out
`54:07
`of the vehicle on their own, correct?
`54:08 A. Yes.
`
`Defendant
`
`Plaintiffs
`
`17 / 34
`
`MR2124
`
`

`

`DESIGNATION SOURCE
`54:21 - 55:12
`
`AAC2 - Arellano Combined-Final
`
`DURATION
`
`00:00:37
`
`AAC2.72
`
`Arellano, Alejandro 2022-05-09
`54:21 Q. And -- go ahead. And then he told you?
`54:22 A. And he told me that we were all fine? And I
`54:23
`told him yes. And that's when he went to go talk to his
`54:24
`brother, to Jose.
`54:25 Q. When you get out of the vehicle, were you able
`55:01
`to look at the truck?
`55:02 A. Yes.
`55:03 Q. Was the truck in normal shape for the most
`55:04
`part?
`55:05 A. Yes, it was only the bed that was bended a
`55:06
`little bit and the back bumper.
`55:07 Q. Okay. The bumper had a little bend to it?
`55:08 A. Yes.
`55:09 Q. But the vehicle was still drivable?
`55:10 A. Uh-huh.
`55:11 Q. Is that a "yes"?
`55:12 A. Yes, ma'am.
`
`57:03 - 58:04
`
`Arellano, Alejandro 2022-05-09
`
`00:01:02
`
`AAC2.73
`
`57:03 Q. When everyone got out of the vehicle, is it
`57:04
`correct that there were -- no one had any -- let me ask
`57:05
`you this: Did anyone have broken bones after the
`accident?
`57:06
`57:07 A. No, ma'am.
`57:08 Q. Did anyone have blood on them after the
`57:09
`accident?
`57:10 A. No.
`57:11 Q. Did anyone seem like they had any, you know,
`57:12
`dislocation of anything that you could see visibly?
`57:13 A. No.
`57:14 Q. Did anyone have any bruising that you could
`57:15
`see?
`57:16 A. No, not that I know.
`57:17 Q. Okay. So for the most part everyone was fine
`57:18
`after the accident?
`57:19 A. Yes.
`57:20 Q. You mentioned that after the accident you went
`57:21
`to a nearby clinic that Diego took you to. Who found
`57:22
`that clinic?
`57:23 A. I think it was Martin, Junior.
`
`Defendant
`
`Plaintiffs
`
`18 / 34
`
`MR2125
`
`

`

`AAC2 - Arellano Combined-Final
`
`DESIGNATION SOURCE
`57:24 Q. Was it your understanding that Martin, Junior,
`was on the phone with Diego Salinas?
`57:25
`58:01 A. I think, yes.
`58:02 Q. Do you think Martin, Junior, was the one that
`58:03
`said that you should --you and the other passengers
`58:04
`should go to a clinic?
`
`DURATION
`
`ID
`
`58:06 - 58:06
`
`58:07 - 58:17
`
`Arellano, Alejandro 2022-05-09
`58:06 A. Yes.
`
`00:00:02
`
`AAC2.74
`
`AAC2.75
`
`00:00:34
`
`Arellano, Alejandro 2022-05-09
`58:07 Q. (By Ms. Pector) Did you feel like you needed to
`58:08
`go to a clinic or did you think you could go straight to
`58:09
`work?
`58:10 A. Actually, my knee was hurting on that day, so
`58:11
`he took us just to go check ourselves at the clinic.
`58:12 Q. Okay. When you got checked out at the clinic,
`58:13
`did the clinic release you to return to work?
`58:14 A. No. No, they didn't release us to work.
`58:15 Q. Okay. What did they -- what did they do?
`58:16 A. They told us -- they gave us medications and
`58:17
`they told us to rest for the day.
`
`58:22 - 58:24
`
`Arellano, Alejandro 2022-05-09
`
`00:00:08
`
`AAC2.76
`
`58:22 Q. Did your knee get better after a couple of
`58:23
`days?
`58:24 A. Well, not really. It hurts once in a while.
`
`60:06 - 60:08
`
`Arellano, Alejandro 2022-05-09
`
`00:00:05
`
`AAC2.78
`
`62:11 - 62:18
`
`63:06 - 63:18
`
`60:06 Q. (By Ms. Pector) Were any SpaceX vehicles
`60:07
`involved in the accident that you could see?
`60:08 A. No.
`
`Arellano, Alejandro 2022-05-09
`62:11 Q. Okay. Where did you --where did you go after
`62:12
`you left the clinic?
`62:13 A. After we left -- we left the clinic, we went to
`62:14
`Martin, Junior's -- what you call it -- lawyer's office.
`62:15 Q. Who told you to go there?
`62:16 A. Diego took us there. I think Martin, Junior,
`62:17
`was the one that told Diego to take us to sign some
`62:18
`papers.
`
`Arellano, Alejandro 2022-05-09
`63:06 Q. When you were leaving Valley Day and Night, who
`Defendant
`Plaintiffs
`
`00:00:27
`
`AAC2.79
`
`00:00:41
`
`AAC2.80
`
`19/34
`
`MR2126
`
`

`

`DURATION
`
`ID
`
`AAC2 - Arellano Combined-Final
`
`DESIGNATION SOURCE
`was driving the vehicle?
`63:07
`63:08 A. Diego Salinas.
`63:09 Q. What vehicle were you in?
`63:10 A. It was a Camry.
`63:11 Q. Toyota Camry?
`63:12 A. Yes.
`63:13 Q. Who was in the vehicle?
`63:14 A. The driver was Diego, the passenger was Jose
`63:15
`and it was Hector, me and Humberto on the back.
`63:16 Q. Okay. How long was the drive from the Valley
`63:17
`Day and Night clinic to the attorney's office?
`63:18 A. I think it was like an hour and a half.
`
`64:16 - 64:18
`
`Arellano, Alejandro 2022-05-09
`
`00:00:07
`
`AAC2.81
`
`64:16 Q. Were you surprised that you were being driven
`64:17
`to an attorney's office after leaving the clinic?
`64:18 A. Yes.
`
`64:20 - 65:03
`
`Arellano, Alejandro 2022-05-09
`
`00:00:26
`
`AAC2.82
`
`64:20 Q. (By Ms. Pector) Did you want to go or did you
`64:21
`prefer to go home?
`64:22 A. No, actually, they just took us there. They
`64:23
`said we are going to go -- go talk to the lawyer about
`64:24
`the case, something like that. They told us.
`64:25 Q. And when you say "they," who is they?
`65:01 A. The company, Ruiz Erectors.
`65:02 Q. Ruiz, Junior?
`65:03 A. Yes.
`
`65:09 - 65:19
`
`Arellano, Alejandro 2022-05-09
`
`00:00:27
`
`AAC2.83
`
`65:09 Q. Okay. Did you drive straight from the Valley
`65:10
`Day and Night to the attorney's office or did you make
`65:11
`any stops?
`65:12 A. We made a stop to Stripes, because we had to do
`a restroom break.
`65:13
`65:14 Q. Okay. How long do you think that that stop
`65:15
`was?
`65:16 A. I think it was -- it was, like, a 20- or
`65:17
`30-minute stop.
`65:18 Q. Did you get any food or drinks at that time?
`65:19 A. We got drinks.
`
`66:05 - 66:08
`
`Arellano, Alejandro 2022-05-09
`
`00:00:08
`
`AAC2.84
`
`Defendant
`
`Plaintiffs
`
`20 / 34
`
`MR2127
`
`

`

`DESIGNATION SOURCE
`
`DURATION
`
`AAC2 - Arellano Combined-Final
`
`66:15 - 66:25
`
`AAC2.84
`
`AAC2.85
`
`66:05 Q. What happened once you arrived at the
`66:06
`attorney's office?
`66:07 A. We were sitting in a conference -- I think it
`was like a conference room, and they were asking
`66:08
`
`00:00:36
`
`Arellano, Alejandro 2022-05-09
`66:15 Q. How long were you there?
`66:16 A. We were there for, I think, 45 minutes to an
`66:17
`hour.
`66:18 Q. Did Martin Ruiz ever come there?
`66:19 A. Yes, he was already there when we got there.
`66:20 Q. Okay. Was he doing most of the talking?
`66:21 A. No.
`66:22 Q. I mean to the attorney, when you first arrived?
`66:23 A. He was talking to her but I'm not sure what
`66:24
`they were talking about. We got there and she just took
`66:25
`us to this little room where there was a lot of chairs
`
`67:13 - 67:15
`
`Arellano, Alejandro 2022-05-09
`
`00:00:07
`
`AAC2.86
`
`67:22 - 68:02
`
`67:13 Q. (By Ms. Pector) Mr. Arellano, did you ever ask
`67:14
`the attorney for legal advice for yourself?
`67:15 A. No.
`
`Arellano, Alejandro 2022-05-09
`67:22 Q. Did you ever ask the lawyer to send you to
`67:23
`therapy?
`67:24 A. No.
`67:25 Q. Did you ever ask to personally engage the
`68:01
`lawyer?
`68:02 A. No.
`
`00:00:10
`
`AAC2.87
`
`69:06 - 69:14
`
`Arellano, Alejandro 2022-05-09
`
`00:00:28
`
`AAC2.88
`
`ever contact you -- well, let me ask you this: When you
`69:06
`69:07
`left that day, what was the next thing that happened?
`69:08 A. Well, we left from the lawyer, we went to --
`69:09
`they took us to the -- I forgot the name of the company
`to get a, like, therapy.
`69:10
`69:11 Q. Is it the Khit Chiropractor?
`69:12 A. Yes, that one.
`69:13 Q. Okay. So the lawyer picked the Khit
`69:14
`Chiropractor and told everyone to go there?
`
`69:16 - 69:20
`
`Arellano, Alejandro 2022-05-09
`69:16 A. Yes.
`
`00:00:08
`
`AAC2.89
`
`Defendant
`
`Plaintiffs
`
`21 / 34
`
`MR2128
`
`

`

`DESIGNATION SOURCE
`
`DURATION
`
`II
`
`AAC2 - Arellano Combined-Final
`
`69:17 Q. (By Ms. Pector) And you would not have gone to
`the Khit Chiropractor but for the lawyer sending you
`69:18
`69:19
`there with everyone else?
`69:20 A. Yes.
`
`71:08 - 71:18
`
`Arellano, Alejandro 2022-05-09
`
`00:00:28
`
`AAC2.90
`
`71:08 Q. (By Ms. Pector) What do you mean "fight the
`71:09
`case"?
`71:10 A. For the accident.
`71:11 Q. Did you agree with that?
`71:12 A. No.
`71:13 Q. Did you have a choice to go to Khit
`71:14
`Chiropractic or is that just the next place that they
`71:15
`took you to?
`71:16 A. No. That was the next place they took me to.
`71:17 Q. They didn't give you an option to drive you
`71:18
`straight home?
`
`71:20 - 71:24
`
`Arellano, Alejandro 2022-05-09
`
`00:00:13
`
`AAC2.91
`
`71:20 A. No.
`71:21 Q. (By Ms. Pector) When they took you to Khit
`71:22
`chiropractic, what happened?
`71:23 A. We started doing the paperwork for -- to start
`71:24
`the sessions of the therapy.
`
`72:18 - 72:19
`
`Arellano, Alejandro 2022-05-09
`
`00:00:03
`
`AAC2.92
`
`72:18 Q. (By Ms. Pector) So you had no choice but to go
`72:19
`to the therapy?
`
`72:22 - 72:22
`
`Arellano, Alejandro 2022-05-09
`
`00:00:01
`
`AAC2.93
`
`72:22 A. Yes.
`
`74:23 - 75:02
`
`Arellano, Alejandro 2022-05-09
`
`00:00:08
`
`AAC2.94
`
`74:23 Q. Okay. So the therapy center refused to see
`74:24
`you?
`74:25 A. Uh-huh.
`75:01 Q. Is that a "yes"?
`75:02 A. Yes.
`
`75:09 - 75:12
`
`Arellano, Alejandro 2022-05-09
`
`00:00:08
`
`AAC2.95
`
`75:09 Q. Okay. So, they refused to treat you?
`75:10 A. Yes.
`75:11 Q. And you didn't get any therapy after that?
`75:12 A. No.
`
`Defendant
`
`Plaintiffs
`
`22 / 34
`
`MR2129
`
`

`

`DESIGNATION SOURCE
`
`78:11- 78:13
`
`Arellano, Alejandro 2022-05-09
`
`DURATION
`
`00:00:09
`
`AAC2.98
`
`AAC2 - Arellano Combined-Final
`
`78:11 Q. And after that day that you left Khit
`78:12
`Chiropractic, you never got any other medical treatment?
`78:13 A. No.
`
`80:03 - 80:09
`
`Arellano, Alejandro 2022-05-09
`
`00:00:21
`
`AAC2.99
`
`80:03 Q. When you were going to the therapy at Khit
`80:04
`Chiropractic, was Jose Ruiz, Humberto Garcia and Hector
`80:05
`Garcia, Junior, also going to the same place?
`80:06 A. Yes. But they had different -- they were going
`80:07
`different times.
`80:08 Q. But that was the same place that the attorney
`80:09
`had directed everyone to go to?
`
`80:11 - 80:11
`
`Arellano, Alejandro 2022-05-09
`
`00:00:02
`
`AAC2.100
`
`80:11 A. Yes.
`
`80:17 - 80:20
`
`Arellano, Alejandro 2022-05-09
`
`00:00:14
`
`AAC2.101
`
`80:17 Q. Did you think it was strange that an attorney's
`80:18
`office was sending you to a therapy place you had never
`80:19
`known about?
`80:20 A. Uh-huh. Yes.
`
`00:00:28
`
`AAC2.104
`
`93:03 - 93:10
`
`Arellano, Alejandro 2022-05-09
`93:03 Q. Okay. Do you know if you gave them to Martin
`Ruiz, Junior, or anybody else?
`93:04
`93:05 A. I think I sent them to Martin. I took photos
`93:06
`and actually I took videos, too.
`93:07 Q. Oh, you took videos, as well?
`93:08 A. Yes, ma'am.
`93:09 Q. Do you remember what was in the videos?
`93:10 A. The three cars involved in the accident.
`
`93:18 - 93:18
`
`Arellano, Alejandro 2022-05-09
`
`00:00:03
`
`AAC2.105
`
`93:18 Q. Through text message or e-mail?
`
`94:02 - 94:09
`
`Arellano, Alejandro 2022-05-09
`
`00:00:28
`
`AAC2.106
`
`94:02 Q. Do you remember when you sent those to him?
`94:03 A. Yes.
`94:04 Q. When was that?
`94:05 A. I think a couple of days after the accident.
`94:06 Q. What led you to sending him those videos and
`94:07
`photographs?
`94:08 A. He texted me if I had any photos of the truck
`
`Defendant
`
`Plaintiffs
`
`23 / 34
`
`MR2130
`
`

`

`DESIGNATION SOURCE
`
`DURATION I
`
`ID
`
`AAC2 - Arellano Combined-Final
`
`94:09
`
`in the accident.
`
`94:14 - 94:20
`
`Arellano, Alejandro 2022-05-09
`
`00:00:24
`
`AAC2.107
`
`94:14 A. No. I think it was less. There was like four
`94:15
`photos and two videos.
`94:16 Q. Did the videos include what was surrounding the
`94:17
`Toyota Tundra?
`94:18 A. Yes.
`94:19 Q. And it would have included seeing people
`walking in the videos?
`94:20
`
`94:22 - 94:22
`
`Arellano, Alejandro 2022-05-09
`
`00:00:02
`
`AAC2.108
`
`94:22 A. I think it is.
`
`100:12 - 100:19
`
`Arellano, Alejandro 2022-05-09
`
`00:00:21
`
`AAC2.109
`
`100:12
`Okay. Mr. Arellano, would you agree that
`being a welder is strenuous labor?
`100:13
`100:14 A. No.
`100:15 Q. "No"?
`100:16 A. No.
`100:17 Q. It's not a hard day's job to be a welder?
`100:18 A. Well, sometimes it's not hard. Sometimes it
`100:19
`is.
`
`100:20 - 101:06
`
`Arellano, Alejandro 2022-05-09
`
`00:00:37
`
`AAC2.110
`
`100:20 Q. Okay. On the days that the welder job is hard,
`100:21
`what makes it hard?
`100:22 A. It depends on the -- sometimes on the spots
`where you are pointing.
`100:23
`100:24 Q. Sometimes on the spots where you are working?
`100:25 A. Yes.
`101:01 Q. Okay. So can you give me some examples of hard
`101:02
`spots where it would be difficult to be a welder?
`101:03 A. Like if there is, like, cardboard where -- like
`101:04
`you are up in the steel and there is cardboard in the
`bottom or plastic things that are going to be burning
`101:05
`once you are welding.
`101:06
`
`101:07 - 101:08
`
`Arellano, Alejandro 2022-05-09
`
`00:00:11
`
`