Sample Interrogatories to Truck Driver
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COLE TAYLOR, Individually and as
Personal Representative of the
Estate of Helena Cain, deceased
PEGASUS TRUCKING, INC.
Case No. CV-1701-2011
TO: LEE ADAMA
FROM: COLE TAYLOR, INDIVIDUALLY
The following Interrogatories are served upon you pursuant to Fed. R. Civ. Proc. 33. They are to be answered by you fully, in writing, on oath, and within 30 days of their receipt, unless by agreement or Court order such time is extended:
(a) These Interrogatories are continuing in character, so as to require you to file supplemental answers at any time that you should obtain further or different information.
(b) Where the name or identity of a person is requested, please state the full name, home address and business address, if known.
(c) Unless otherwise indicated these Interrogatories refer to the time, place and circumstances of the occurrence mentioned or complained of in the pleadings.
(d) Where knowledge of information in possession of a party is requested, such request includes knowledge of the party’s agents, representatives and, unless privileged, his attorneys. When answer is made by a corporate Defendant, state the name, address and title of the person supplying the information and making the affidavit, together with the source of his information.
(e) The pronoun “you” refers to the party to whom these Interrogatories are addressed and the person mentioned in clause (d).
(a) As used in this Notice, the term “document” means, without limitation, the following items, whether printed or recorded or reproduced by any other mechanical process, or written or produced by hand: agreements, communications, state and federal governmental hearings and reports, correspondence, telegrams, memoranda, summaries or records of telephone conversations, summaries or records of personal conversations or interviews, diaries, graphs, reports, notebooks, note charts, plans, drawings, sketches, maps, summaries or records of meetings or conferences, summaries or reports of investigations or negotiations, opinions or reports of consultants, radiographs, photographs, motion picture film, brochures, pamphlets, advertisements, circulars, press releases, drafts, letters, any marginal comments appearing on any document, and all other writings, all originals and all copies not identical to the original or to each other; all drafts; two writings of any kind; tapes, computer discs, CD Rom, CD-R, CD-RW, DVD, microfilm, microfiche, raster bitmaps, magneto optical (MO) disks, electronic images and associated indexing data, Write Once Read Many (WORM) laser disks; or any other form of photographically or electronically, digitally, magnetically impulsed, or otherwise recorded or represented information, image or document storage, including, but not limited to word processor document resource information (e.g. MS Word, Corel WordPerfect “properties” tabs) drafts and redlined versions of documents, compound documents (e.g. documents where the image is one file and the text is in another); e-mail and voice-mail archives; e-mail and voice-mail messages and back ups; databases; document management databases; Internet service provider’s records, including user account information and identification of firewalls, caches and cookies; network router traffic indicia; world wide web pages, including but not limited to HTML, XML, SGML, XGML, VRML, Adobe Acrobat, Corel Envoy, MIF, RTF, EPS, prepress formats.
If the Defendant considers any document called for in these Interrogatories to be privileged from production, then the Defendant must include in the answers to these Interrogatories a list of documents withheld from production, identifying each document by date, addressee(s), author, title, and subject matter. In addition, the Defendant should identify those persons who have seen the document or who were sent copies. Finally, the Defendant should state the ground(s) upon which each such document is considered privileged.
(b) “Identify” or “identification,” when used in reference to an individual person, means to state his full name, his present address, his present business address, and his present or last known position and business affiliation.
(c) “Describe” or “description,” (i) when used in reference to persons or members of a class, means to identify each individual person or member of a class; and (ii) when used in reference to a document, means to state the following as to each document:
(1) the nature and contents thereof;
(2) the date thereof;
(3) the date the document was executed if different from the date it bears;
(4) the name, address, and position of the author or signer thereof;
(5) the name, address, and position of the addressee, if any;
(6) the present location thereof and the name, present address, and position of the person or persons having present custody thereof; and
(7) whether the document has been destroyed and, if so, with regard to such destruction,
(i) the date thereof;
(ii) the reason therefore; and
(iii) the identity of the person or persons who destroyed the document.
(d) “Occurrence” means the vehicular collision involving Helena Cain and Lee Adama, described with particularity in the Complaint.
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- Provide your full name, address, social security number, date of birth, and other names or aliases you have ever used or been known by.
- Provide all of your residential addresses for the past ten (10) years.
- Provide your employment history for the past ten (10) years, including location, dates of employment, job title, job description, and supervisor’s name.
- Describe your duties and hours worked for the time period of May 1, 2004 to May 11, 2004.
- Describe all vehicular collisions you have been involved in for the past 15 years, including the location of the accident, the circumstances of the accident, whether any injuries resulted, a description of any liability, settlements, or insurance agreements involved, and whether such accident occurred during the course of your employment.
- Detail all jurisdictions that you are or have ever been licensed to drive in, and all jurisdictions you have been licensed to operate tractor-trailers in. Provide the driver’s license number, date of licensure, and describe the current status of each such license, and whether any negative action (including revocation, suspension, withdrawal, or any other restriction) has ever been taken on any such license.
- Describe all disciplinary proceedings, including verbal warnings, that have commenced against you in any employment situation you have been involved in. Include the nature of the discipline, the circumstances surrounding it, and the final outcome.
- Describe all training, education, and continuing education you have participated in in furtherance of your employment at Pegasus Trucking, Inc. or at any similar employment setting.
- Describe any and all equipment or tools carried on board the tractor-trailer you were driving on May 11, 2004, including all communications equipment, satellite tracking equipment, safety equipment, proximity alert systems, “black boxes” and guardians, as well as whether each of the listed equipment was operative and used immediately prior to the collision on May 11, 2004.
- If you consumed any alcoholic beverage, drugs (prescriptive or otherwise), and/or medication within the 24 hour period immediately before the collision, or if you were required to take any medication within the twelve hour period immediately before the collision, state the nature thereof, the purpose therefore, the name and address of the doctor who prescribed the medication, if any, the dosage prescribed, the amount taken or that was to be taken within such period. As to alcohol, the amount consumed, when and where consumed, and identify all person present during said consumption.
- If you were charged with any offenses arising out of the occurrence, state the nature of the charges, the court and case number, and the disposition of the charges.
- State whether at any time during the fifteen year period preceding the date of you answers to these interrogatories, you have been convicted of any crime including traffic offenses. If so, for each conviction identify the court in which you were convicted and state the amount of any fine and the date and length of any incarceration imposed. For purposes of this interrogatory, a conviction includes a plea of nolo contendere followed by a sentence, whether or not the sentence is suspended.
- Identify each person having personal knowledge of the facts material to this case including their relationship to you, if any.
- Identify any eyewitnesses to all or part of the occurrence, including, but not limited to the identify of other persons in your vehicle.
- Give a complete statement of the facts as to how you contend that the occurrence took place including the exact location of the occurrence and the direction in which all operators were proceeding.
- Describe in detail your activities on the day of the collision from the time that you woke up in the morning until the time two hours after the collision.
- If you contend that any other person, whether or not a party to this action, acted in such manner as to cause or contribute to the occurrence, give a complete statement of the facts upon which you rely.
- Describe in complete detail any physical injuries you received in this collision.
- State the names and addresses of all experts whom you intend to call as witnesses at the trial of this matter. If any have prepared a report of his or her findings, please attach a copy of the report to your answers to these interrogatories. In addition, please state the subject matter upon which each such expert is expected to testify, the substance of the facts and opinions to which each such expert is expected to testify, and provide a summary of the grounds for each opinion.
- With regard to all insurance agreements which may be required to pay any judgment rendered against any defendant in this case, state the name of each such insurance carrier, the amount of insurance provided by such carrier, whether or not such insurance is primary or excess, whether or not a reservation of rights agreement or similar agreement has been made concerning such coverage, and the name address and phone number of any agents involved in obtaining those policies.
- Describe all written and verbal statements given by you, your employees, agents, servants, representatives or witnesses regarding the collision involving Helena Cain.
- Identify all licenses for driving privileges for any and all motor vehicles as of May 11, 2004, providing the following information: (a) The license(s) number(s) for each and every state you are licensed; (b) Identify each and every license classification you have privileges for; (c) Identify each and every course(s) you have taken to obtain a commercial drivers license, providing the name and address of each school or entity, the date(s) of graduation; (d) State the year in which you obtained your commercial drivers’ license; and (e) State whether or not any state(s) have ever suspended and/or revoked your privileges to drive and if so state the relevant years and reasons for said suspension and/or revocation.
- Were any tests, inspections or measurements made or taken with respect to the accident scene or any object involved in the accident made the subject of this suit, by any Defendant herein or at their direction? If so, then please state: (a) the subject of each test, inspection or measurement; (b) the purpose of each such test, inspection or measurement; (c) the name and address of the person who conducted each test, inspection or measurement; (c) the date on which each test, inspection or measurement was performed; (d) the findings and results of each test, inspection or measurement; (e) the name and address of the person now having custody of any written report concerning each test, inspection or measurements; and (f) name and address of the person who may be able to provide this information in a deposition.
Posner & Cord, LLC________________________________
John J. Cord
Attorneys for Plaintiff
Served with Complaint