AlaFile E-Notice To: CHRISTOPHER D GLOVER [email protected]03-CV-2015-900868.00 NOTICE OF ELECTRONIC FILING IN THE CIRCUIT COURT OF MONTGOMERY COUNTY, ALABAMA The following complaint was FILED on 5/29/2015 8:51:15 AM DARIAN COLLEY V. TUI EXPRESS INCORPORATED ET AL 03-CV-2015-900868.00 Notice Date: 5/29/2015 8:51:15 AM TIFFANY B. MCCORD CIRCUIT COURT CLERK MONTGOMERY COUNTY, ALABAMA MONTGOMERY, AL 36104 334-832-1260 251 S. LAWRENCE STREET
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NOTICE OF ELECTRONIC FILING - Beasley Allen Law · PDF fileAlaFile E-Notice To: CHRISTOPHER D GLOVER [email protected] 03-CV-2015-900868.00 NOTICE OF ELECTRONIC FILING
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RELIEF REQUESTED: MONETARY AWARD REQUESTED NO MONETARY AWARD REQUESTED
MEDIATION REQUESTED: Yes No Undecided
ATTORNEY CODE: GLO007 5/29/2015 8:50:29 AM /s/ CHRISTOPHER D GLOVER
ELECTRONICALLY FILED5/29/2015 8:50 AM
03-CV-2015-900868.00CIRCUIT COURT OF
MONTGOMERY COUNTY, ALABAMATIFFANY B. MCCORD, CLERK
1
IN THE CIRCUIT COURT OF MONTGOMERY COUNTY, ALABAMA
DARIAN COLLEY, Individually and as * Wife and Dependent of DAVID LEE * COLLEY, deceased; DARIAN COLLEY, * as Mother and Next Friend of ISABELLA * ROSE COLLEY, a Minor and Dependent * of DAVID LEE COLLEY, deceased, * * Plaintiff, * * CIVIL ACTION NO.: v. * * PLAINTIFF DEMANDS TRIAL TUI EXPRESS INCORPORATED; TUI * BY JURY EXPRESS LLC; YASIN STEVEN-CONLEY * JAMES; THE CITY OF MONTGOMERY, * ALABAMA; Fictitious Defendants A, B, C, … * are those individuals, corporations, limited * liability companies, partnerships, firms, * and/or other legal entities obligated to pay * for Plaintiff’s workers compensation benefits; * Fictitious Defendants D, E, F, … * are those individuals, corporations, limited * liability companies, partnerships, firms, * and/or other legal entities for whom * Plaintiff’s deceased was employed within the * scope of his employment at the time of the * accident made the basis of this suit; * Fictitious Defendants G, H, I, … * whether singular or plural, those other persons, * corporations, firms, or other entities whose * wrongful or negligent conduct caused or * contributed to the death of Plaintiff’s decedent, * all of whose true and correct names are * unknown to the Plaintiff at this time, but will * be substituted by amendment when * ascertained, * * Defendants. *
ELECTRONICALLY FILED5/29/2015 8:50 AM
03-CV-2015-900868.00CIRCUIT COURT OF
MONTGOMERY COUNTY, ALABAMATIFFANY B. MCCORD, CLERK
2
COMPLAINT
STATEMENT OF THE PARTIES
1. Plaintiff Darian Colley is over the age of majority and is a resident of Eclectic,
Elmore County, Alabama. Darian Colley is the wife and dependent of David Lee Colley,
deceased.
2. Isabella Rose Colley is under the age of majority and is a resident of Eclectic,
Elmore County, Alabama. Isabella Rose Colley is the minor child of David Lee Colley,
deceased and Plaintiff Darian Colley.
3. Decedent David Lee Colley was a resident of Eclectic, Elmore County, Alabama.
4. Defendant TUI Express Incorporated (hereinafter “TUI, Inc.”) is a foreign
corporation whose principal place of business is in Newport News, Virginia.
5. Defendant TUI Express LLC (hereinafter “TUI, LLC”) is a foreign corporation
whose principal place of business is in Louisville, Kentucky.
6. Defendant Yasin Steven-Conley James (hereinafter “James”) is over the age of
majority and is a resident of Midlothian, Texas. At all times material herein, James was believed
to be an agent of TUI, Inc. and TUI, LLC.
7. The City of Montgomery, Alabama, upon information and belief, is a class seven
(7) municipality located in Montgomery County, Alabama.
8. Fictitious Defendants A, B, C, ... are those individuals, corporations, limited
liability companies, partnerships, firms, and/or other legal entities obligated to pay for Plaintiff’s
workers compensation benefits. Plaintiff avers that the true names and identities of Fictitious
Defendants A, B, C, ... are unknown to her at this time, but will be substituted to amendment
when ascertained.
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9. Fictitious Defendants D, E, F, ... are those individuals, corporations, limited
liability companies, partnerships, firms, and/or other legal entities for whom Plaintiff was
employed within the scope of his employment at the time of the accident made the basis of this
suit. Plaintiff avers that the true names and identities of Fictitious Defendants D, E, F, ... are
unknown to her at this time, but will be substituted to amendment when ascertained.
10. Fictitious Defendants G, H, I, ... whether singular or plural, those persons,
corporations, firms, or other entities whose wrongful or negligent conduct caused or contributed
to the death of Plaintiff’s decedent, all of whose true and correct names are unknown to the
Plaintiff at this time, but will be substituted by amendment when ascertained.
11. Named and Fictitious Defendants will hereinafter be referred to collectively as
Defendants when not referred to individually.
VENUE
12. Venue is proper in Montgomery County, Alabama, pursuant to §6-3-2 and §6-
3-11 of The Code of Alabama in that the accident made the basis of this suit occurred in
Montgomery County, Alabama; and the City of Montgomery is located in Montgomery
County where said accident occurred.
STATEMENT OF FACTS
13. On or about April 4, 2015, David Lee Colley was operating a 2012 Chevy
Caprice, bearing vehicle identification number 6G1MK5R24CL631572, southbound on
Narrowlane Road in Montgomery County, Alabama. At said time and place, David Lee Colley
was a Montgomery County police officer responding to an emergency call.
14. At said time and place, Defendant James was operating a commercial vehicle
owned by Defendants TUI, Inc. and TUI, LLC westbound on US 82 (Southern Boulevard) in the
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right-hand lane in Montgomery County, Alabama.
15. Defendant James was an employee and/or agent of Defendants TUI, Inc. and TUI,
LLC at the time of the accident.
16. At all times herein mentioned, David Lee Colley was reasonable and in
observance of the laws of the State of Alabama.
17. Defendant James collided with David Lee Colley's vehicle in violation of the law
and without regard for the safety of others. As a result of the collision, David Lee Colley died.
18. As a direct and proximate result of the aforesaid wrongful, negligent, and/or
wanton conduct of Defendants, David Lee Colley died.
COUNT I (Negligence/Wantonness – Defendant James)
19. Plaintiff incorporates by reference as if fully set forth herein the allegations in
paragraphs 1-18 above.
20. On April 4, 2015, Defendant James was operating a 2003 Freightliner truck
within the line and scope of his employment with Defendants TUI, Inc. and TUI, LLC when he
negligently and wantonly allowed his vehicle to collide with David Lee Colley's vehicle.
21. Defendant James had a duty to act reasonably and use care while driving.
Defendant James had a duty to pay attention to traffic, to maintain a proper lookout, to obey
traffic control devices, to obey the laws and rules of the State of Alabama, and to pay full time
and attention to the operation of his vehicle and avoid a collision.
22. Defendant James breached that duty of due care by failing to pay proper attention
to the roadway and the traffic, failing to obey the laws and rules of the State of Alabama, and
failing to control the vehicle in order to avoid a collision, thereby causing a collision with David
Lee Colley's vehicle.
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23. As a direct and proximate cause of the negligence and/or wantonness of
Defendant James, David Lee Colley suffered fatal injuries and died.
24. Defendant James had the last clear chance to avoid the collision.
WHEREFORE, Plaintiffs demand judgment against each of the Defendants jointly and
severally, for both compensatory and punitive damages in an amount to be determined by a jury
together with the costs of this proceeding.
COUNT II (Negligence/Wantonness – Defendants TUI, LLC and TUI, Inc.)
25. Plaintiff incorporates by reference as if fully set forth herein the allegations in
paragraphs 1-24 above.
26. Defendants TUI, LLC and TUI, Inc. had a duty to Plaintiff to act reasonably.
27. Defendants TUI, Inc. and TUI, LLC breached that duty.
28. As a direct and proximate cause of the negligence and/or wantonness of
Defendants TUI, Inc. and TUI, LLC, David Lee Colley suffered fatal injuries and died.
WHEREFORE, Plaintiffs demand judgment against each of the Defendants jointly and
severally, for both compensatory and punitive damages in an amount to be determined by a jury
together with the costs of this proceeding.
COUNT III (Gross Negligence/Wantonness – Defendants James, Defendants TUI, Inc. and TUI, LLC)
29. Plaintiff incorporates by reference as if fully set forth herein the allegations in
paragraphs 1-28 above.
30. Defendants at the time and place of the aforementioned accident, operated the
vehicle in a careless, reckless and unsafe manner, failed to exercise ordinary care and diligence,
and was, further grossly negligent in, including but not limited to, the following respects:
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(a) They failed to keep a proper lookout;
(b) They failed to maintain proper control of his vehicle so as to avoid an
accident; all in total disregard for the safety of the Plaintiff and those
around him;
(c) Defendants TUI, Inc. and TUI, LLC entrusted its vehicle to Defendant
James, either with actual or constructive knowledge that he was an
incompetent driver and was likely to operate a motor vehicle in a negligent
and reckless manner;
(d) Defendants TUI, Inc. and TUI, LLC negligently or wantonly hired,
retained, supervised, entrusted a vehicle to and/or trained Defendant
James.
(e) Defendants TUI, Inc., TUI, LLC and James negligently and/or wantonly
inspected and/or maintained the tractor trailer driven by James.
31. Defendants’ conduct constitutes gross negligence and/or wantonness, which
proximately caused, in whole or in part, the death of David Lee Colley.
WHEREFORE, Plaintiff demands judgment against each of the Defendants jointly and
severally, for both compensatory and punitive damages in an amount to be determined by a jury
together with the costs of this proceeding.
COUNT IV (Negligent Hiring, Training and Supervision – Defendants TUI, Inc. and TUI, LLC)
32. Plaintiff incorporates by reference as if fully set forth herein the allegations in
paragraphs 1-31 above.
33. Defendants TUI, Inc. and TUI, LLC, prior to and at the time of the accident, were
negligent in their hiring, training and supervision of Defendant James in that they entrusted their
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vehicle to Defendant James, either with actual or constructive knowledge that he was an
incompetent driver and was likely to operate a motor vehicle in a negligent and reckless manner.
34. Defendants’ negligence in hiring, training and supervision of Defendant James
proximately caused, in whole or in part, the death of David Lee Colley.
WHEREFORE, Plaintiff demands judgment against Defendants for damages allowable
under the Alabama Wrongful Death Act in an amount to be determined by a jury, together with
interest from the date of injury, and the costs of this proceeding.
COUNT V (Agency Defendant –TUI, Inc. and TUI, LLC)
35. Plaintiff incorporates by reference as if fully set forth herein the allegations in
paragraphs 1-34 above.
36. The above-described acts of Defendant James were committed while he was
acting as agent, servant, and or employee of Defendants TUI, Inc. and TUI, LLC, and were
committed within the scope of his agency and while furthering the business interests of
Defendants TUI, Inc. and TUI, LLC.
37. As principal of Defendant James, Defendants TUI, Inc. and TUI, LLC responsible
for all of the acts committed by Defendant James within the scope of his agency, including the
truck accident in this case that caused David Lee Colley's death.
WHEREFORE, Plaintiffs demand judgment against each of the Defendants jointly and
severally, for both compensatory and punitive damages in an amount to be determined by a jury
together with the costs of this proceeding.
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COUNT VI (Combined and Concurring Negligence)
38. Plaintiff incorporates by reference as if fully set forth herein the allegations in
paragraphs 1-37 above.
39. The negligence, wantonness or other wrongful acts of all Defendants in this case
combined and concurred to cause the injuries and damages as alleged above.
WHEREFORE, Plaintiff demands judgment against each of the Defendants jointly and
severally, for both compensatory and punitive damages in an amount to be determined by a jury
together with the costs of this proceeding.
COUNT VII (Worker’s Compensation)
40. Plaintiff incorporates by reference as if fully set forth herein the allegations in
paragraphs 1-39 above.
41. Prior to and on or about April 4, 2015, Plaintiff’s decedent was an employee of
and worked for the City of Montgomery, Alabama.
42. Prior to and on or about April 4, 2015, Defendant the City of Montgomery,
Alabama was subject to the workers compensation laws of the State of Alabama.
43. Prior to and on or about April 4, 2015, while within the course and scope of his
employment with Defendant the City of Montgomery, Alabama, Plaintiff’s decedent was injured
and killed in an accident.
44. Plaintiff’s decedent’s accident and resulting death occurred while working in a
police vehicle bellowing to the City of Montgomery.
45. Plaintiff’s decedent’s above referenced accident is covered and/or compensable
under the provisions of Sections 25-5-1 et seq of the Code of Alabama (1975), as amended.
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46. As a result of the accident on or about April 4, 2015, Plaintiff’s decedent was
caused to suffer injuries and die.
47. Plaintiff’s decedent’s injuries and death arose out of and were in the course and
scope of his employment with Defendant the City of Montgomery, Alabama.
48. Defendant the City of Montgomery, Alabama received and had prompt and
immediate notice of the injuries and death of Plaintiff’s decedent.
49. The City of Montgomery, the Montgomery Police Department, the Mayor’s office
and all city employees have gone above and beyond what the Colley family could have
expected. The City of Montgomery and everyone associated with the city has been here for our
family and upheld their responsibilities to the family. The family is thankful.
WHEREFORE, Plaintiff prays that the Court will enter a judgment in the cause for the
Plaintiff as follows:
a. Award to Plaintiff a sum of money pursuant to the Code of Alabama
(1975), §25-5-60.
b. Award to Plaintiff a sum of money equal to any and all other workers’
compensation benefits that they might be due under the law;
c. Award to the Plaintiff her costs in this action; and
d. Award to the Plaintiff such other relief as might be appropriate under the
workers compensation laws of this State.
DAMAGES
50. The injuries suffered by David Lee Colley ultimately caused his death.
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51. The Plaintiff is entitled to punitive damages for the willful, wanton, intentional,
reckless and malicious acts of the trucking company and truck driver Defendants. Further, the
acts of the trucking company and truck driver Defendants constitute gross negligence.
PRAYER FOR RELIEF
WHEREFORE, Plaintiff demands judgment against each of the Defendants jointly and
severally, for both compensatory and punitive damages in an amount to be determined by a jury,
together with interest with the costs of this proceeding.
PLAINTIFF DEMANDS A TRIAL BY JURY ON ALL COUNTS
This the 29th day of May, 2015.
s/ Christopher D. Glover
CHRISTOPHER D. GLOVER (GLO007) JERE L. BEASLEY (BEA020)
J. COLE PORTIS (POR018) JULIA A. BEASLEY (BEA039) Attorneys for Plaintiff
DEFENDANTS MAY BE SERVED AT THE FOLLOWING ADDRESSES: TUI Express Incorporated c/o Gulali Y. Aslanov 40 Boston Cove Newport News, VA 23606 TUI Express LLC c/o Gulali Aslanov 7086 Bronner Circle Louisville, KY 40218 Yasin Steven-Conley James 661 East Main Street 200 234 Midlothian, Texas 76065 City of Montgomery c/o Kim Fehl 103 N. Perry St. Montgomery, AL 36104
1
IN THE CIRCUIT COURT OF MONTGOMERY COUNTY, ALABAMA
DARIAN COLLEY, Individually and as * Wife and Dependent of DAVID LEE * COLLEY, deceased; DARIAN COLLEY, * as Mother and Next Friend of ISABELLA * ROSE COLLEY, a Minor and Dependent * of DAVID LEE COLLEY, deceased, * * Plaintiff, * * CIVIL ACTION NO.: v. * * PLAINTIFF DEMANDS TRIAL TUI EXPRESS INCORPORATED; TUI * BY JURY EXPRESS LLC; YASIN STEVEN-CONLEY * JAMES; THE CITY OF MONTGOMERY, * ALABAMA; Fictitious Defendants A, B, C, … * are those individuals, corporations, limited * liability companies, partnerships, firms, * and/or other legal entities obligated to pay * for Plaintiff’s workers compensation benefits; * Fictitious Defendants D, E, F, … * are those individuals, corporations, limited * liability companies, partnerships, firms, * and/or other legal entities for whom * Plaintiff’s deceased was employed within the * scope of his employment at the time of the * accident made the basis of this suit; * Fictitious Defendants G, H, I, … * whether singular or plural, those other persons, * corporations, firms, or other entities whose * wrongful or negligent conduct caused or * contributed to the death of Plaintiff’s decedent, * all of whose true and correct names are * unknown to the Plaintiff at this time, but will * be substituted by amendment when * ascertained, * * Defendants. *
PLAINTIFF’S FIRST CONSOLIDATED INTERROGATORIES AND REQUEST FOR PRODUCTION TO DEFENDANT YASIN STEVEN-CONLEY JAMES
I.
DIRECTIONS FOR ANSWERING INTERROGATORIES AND
ELECTRONICALLY FILED5/29/2015 8:50 AM
03-CV-2015-900868.00CIRCUIT COURT OF
MONTGOMERY COUNTY, ALABAMATIFFANY B. MCCORD, CLERK
2
REQUEST FOR PRODUCTION Plaintiff in the above-styled action serves these interrogatories upon Defendant Yasin
Steven-Conley James (hereinafter referred to as “James”), and requests that they be answered
fully in writing and under oath within the time provided by the Alabama Rules of Civil
Procedure. Each interrogatory is addressed to the knowledge and information of Defendant's
attorneys, investigators, agents, employees, and other representatives. When a question is
directed to Defendant, the question is also directed to the aforementioned persons.
These interrogatories shall be deemed continuing so as to require supplemental answers if
the persons or entities to whom these interrogatories are addressed obtain further information
between the time the initial answers are served and the time of trial.
DEFINITIONS AND NOTES
1) "Incident" means the incident referred to in the Complaint, resulting in the death
of David Lee Colley.
2) "Document" means every writing, printing, record, graphic, photographic or
sound reproduction of every type and description that is in your possession, control, custody and
knowledge which refers to or was prepared before, during, and after the incident or search
defined below, including but not limited to, correspondence, memoranda of agreements,
assignments, meeting minutes, memoranda, stenographic or handwritten notes, diaries,
voice recordings; every copy of such writing or record when such copy contains any commentary
or notation whatsoever that does not appear on the original. Plaintiff expressly intends for the
term "Document" to include any attachments or exhibits to the requested document, or any other
documents referred to in the requested document or incorporated by reference.
3) ”Person" means any natural person, corporation, partnership, proprietorship,
association, organization, group of persons, or any governmental body or subdivision thereof.
4) Plaintiffs request that Defendant James produce in electronic format, delivered to
us on accessible electronic devices (e.g. cd’s or external hard drives), all data that has been
stored in any type of electronic format. These storage locations include but are not limited to
databases, emails, cd’s, dvd’s, zip disks, floppies, external hard drives, flash cards, websites,
pda’s of any type, backup tapes and servers/workstations of any type on or off of the network.
All data including hidden files regardless of file format should be delivered on accessible
electronic devices. This includes data at your facility as well as data used that is stored in other
locations. These locations include but are not limited to office space, home/home office,
vendors, and offsite storage facilities.
5) Plaintiff requests that Defendant James not apply any stamp or markings or other
document management numbers, symbols, or colored inking or striping to any documents
produced in connection with these interrogatories so as to obscure any information contained on
the documents or copies made therefrom or to interfere with character recognition software, thus
preserving the legibility of all such documents and copies in their entirety.
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6) Plaintiff requests that when Defendant James supplements these and all future
interrogatories, that Defendant does so in formal pleadings. Conversely, Plaintiff requests that
Defendant not supplement these interrogatories via letters or other informal methods.
7) If in response to Plaintiff’s interrogatories, Defendant fails to disclose any facts or
other discoverable information and then at a later date discloses such facts or information to
Plaintiffs, please state how the existence of these additional facts or information was
"discovered" by Defendant, by whom such additional facts or information were "discovered,"
when such additional facts or information were "discovered," who made the decision to disclose
such facts or information to Plaintiff, when that decision was made, and in detail, why such
additional facts or information was not disclosed to Plaintiff in Defendant's initial responses.
II.
INTERROGATORIES
NOTE A: Reference herein to the “vehicle” or any derivative or synonym thereof, is
to the certain 2003 Freightliner, made the basis of this lawsuit.
1. Does this Defendant or his attorneys contend that Plaintiff was negligent and that
such negligence caused or contributed to the death of Plaintiff? If so, state or provide:
a) The substance of your contention; and
b) All facts upon which you base this contention.
2. Please state the nature of your relationship with any other Defendant.
3. If you are the owner of the vehicle involved in the collision made the basis of this
suit, state the following:
a) The date you purchased said vehicle;
b) The individual from whom you purchased said vehicle; and
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c) The purchase price of said vehicle.
4. Please state whether you were acting as an agent or employee for any individual
or entity at the time of the collision made the basis of this suit or performing any errand, task or
service for any individual or entity at the time of the collision made the basis of this suit. If so,
provide:
a) The name and address of such individual or entity;
b) A description of what you were doing at the time of the incident made the
basis of this suit.
5. Please describe, in detail, everything you did to avoid this collision.
6. Please state with specificity, where you were traveling from and your intended
destination at the time of the collision.
7. Please describe, in narrative fashion and in as complete detail as possible, the
manner in which the collision made the basis of this lawsuit happened, including any events prior
to and leading up to the occurrence, the events occurring immediately thereafter, and include in
your answer all events in the sequential order.
8. If you deny that you were negligent in any way with respect to the collision,
please state:
a) All facts known to you, your attorneys or agents which support or
corroborate your denial of negligence;
9. Please state each and every traffic citation or offense which has been issued to
you in the past ten (10) years. For each such citation or offense, state the following:
a) The offense or citation charge;
b) The jurisdiction in which said offense or citation was charged; and
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c) The resolution of each of the citations or offenses disclosed above.
10. Please state what drugs, if any, including prescription drugs that you had taken
within twenty-four (24) hours of this incident.
11. Please state the kind and amount of alcoholic beverages, if any, you consumed
within four (4) hours of this incident.
12. At the time of the collision were you suffering from any physical or mental illness
or condition?
13. Have you been involved in any other collisions in your lifetime? If so, please
state the details of each.
14. Please state the name and address of anyone to which you reported mechanical
problems with the truck prior to the accident, and state the nature of the problems.
15. State the speed of your vehicle just prior to it colliding with Plaintiff’s vehicle.
16. Was there any defect in the vehicle that you were driving that caused you to be
unable to stop the vehicle safely? If so, please state in specific detail why the vehicle left the
road.
17. Have you ever been arrested or charged with a crime? If so, please give the dates
and details of each arrest or conviction.
18. For any inspection of your vehicle conducted by Defendants TUI, Inc. and TUI,
LLC, state the following:
a. Date; and
b. Name of person who conducted the inspection.
19. Please list each place where you have been employed in the last ten (10) years.
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20. Describe your history of employment with Defendants TUI, Inc. and TUI, LLC
including, but not limited to your date of hire, positions in company, and reprimands,
commendations or awards.
21. Have you ever been sued or filed a lawsuit related to a personal injury? If so,
describe all such cases and give the outcome and the name of your attorney.
22. Give the names and addresses of all witnesses known to you concerning the
accident made the basis of this suit.
23. Have you ever had your license revoked? If so, please state the reason revoked,
date of revocation and state of revocation.
24. List all medical conditions that you have experienced or be diagnosed with for the
past 10 years, including the names of any doctor or medical facility who diagnosed and/or treated
you for the condition.
25. List all doctors, chiropractors, clinics, medical facilities, hospitals or medical
provider by any name who you have used in the last 10 years, including the doctor or facility that
gave you your medical certification to drive.
26. Identify each person you expect to or might call as an expert witness at trial and,
with respect to each person so identified, please:
(a) state the subject matter on which the expert is expected to testify;
(b) state the substance of the facts and opinions to which each expert is expected to testify;
(c) give a summary of the grounds for each opinion;
(d) state the qualifications of each such expert to give each such opinion;
(e) identify each and every published material authored and co-authored by each such expert; and
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(f) identify all documents created by, referred to, received by, or relied upon by each such expert in connection with his or her expected testimony.
FIRST REQUEST FOR PRODUCTION
Plaintiff requests that Defendant James produce the following documents within the time
and manner provided by law:
1. Please produce a true and correct copy of the certificate of title regarding said
vehicle; along with all sales documents concurring said vehicle.
2. Please produce a copy of the registration for the subject vehicle.
3. Please produce a copy of any and all maintenance records for the subject vehicle.
4. Produce copies of the following documents and things:
a) All photographs in your possession or in the possession of your insurance carrier of your vehicle, the Plaintiff’s vehicle and the scene of the accident.
b) All statements obtained by you or your insurance carrier from the
Plaintiffs. c) All estimates or repair bills for your vehicle or the Plaintiff’s vehicle. d) All videotapes or films in your possession or the possession of your
insurance carrier depicting the Plaintiff. e) All medical bills or medical reports obtained by your insurance carrier
related to the Plaintiff prior to this suit being filed. f) Copy of any criminal charges, pleas, tickets, reports or documents related
to this accident. g) Copy of all prior criminal charges within the past ten years involving the
operation of a motor vehicle, including but not limited to traffic tickets and driving under the influence, whether related to this accident or not.
h) Copy of all criminal charges within the past ten years relating to the use of
intoxicating substances, including but not limited to alcohol, illegal or prescription drugs.
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5. Produce copies of your driver’s license, commercial vehicle license and the
declarations page of your automobile liability insurance policy covering you at the time of this
accident.
6. Produce copies of any driving records, driver logs, gasoline tickets, accident
report forms for a one-month period prior to the accident.
7. Produce copies of your application for employment; driver’s road test results and
written examination results; and certificate of physical qualifications by medical examiner.
8. Produce copies of any documents in your possession related to safe driving, safety
regulations, driving procedures, federal commercial vehicle guidelines, commercial driver’s
manuals, commercial license study guides, or employer trucker guidelines.
9. Produce copies of cell phone records, email, text, or records from any device
designed to communicate with someone or something outside your vehicle for a 72-hour period
prior to the collision.
10. Produce copies of any documents in your possession that would reflect payments
made to you or by you related to your employment as a truck driver for a one-month period up to
and including the date of the collision in question.
11. Produce copies of all your medical records in your possession or that of your
attorneys for a 10-year period up to the date in question, including those related to this incident.
12. A copy of the current resume and/or curriculum vitae of each expert witness
consulted by you.
13. Please produce each and every document reviewed or relied upon by any of your
experts in developing their opinions and/or reaching their conclusions in this matter.
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Dated this the 29th day of May, 2015.
s/ Christopher D. Glover CHRISTOPHER D. GLOVER (GLO007)
JERE L. BEASLEY (BEA020) J. COLE PORTIS (POR018) JULIA A. BEASLEY (BEA039) Attorneys for Plaintiff
IN THE CIRCUIT COURT OF MONTGOMERY COUNTY, ALABAMA
DARIAN COLLEY, Individually and as * Wife and Dependent of DAVID LEE * COLLEY, deceased; DARIAN COLLEY, * as Mother and Next Friend of ISABELLA * ROSE COLLEY, a Minor and Dependent * of DAVID LEE COLLEY, deceased, * * Plaintiff, * * CIVIL ACTION NO.: v. * * PLAINTIFF DEMANDS TRIAL TUI EXPRESS INCORPORATED; TUI * BY JURY EXPRESS LLC; YASIN STEVEN-CONLEY * JAMES; THE CITY OF MONTGOMERY, * ALABAMA; Fictitious Defendants A, B, C, … * are those individuals, corporations, limited * liability companies, partnerships, firms, * and/or other legal entities obligated to pay * for Plaintiff’s workers compensation benefits; * Fictitious Defendants D, E, F, … * are those individuals, corporations, limited * liability companies, partnerships, firms, * and/or other legal entities for whom * Plaintiff’s deceased was employed within the * scope of his employment at the time of the * accident made the basis of this suit; * Fictitious Defendants G, H, I, … * whether singular or plural, those other persons, * corporations, firms, or other entities whose * wrongful or negligent conduct caused or * contributed to the death of Plaintiff’s decedent, * all of whose true and correct names are * unknown to the Plaintiff at this time, but will * be substituted by amendment when * ascertained, * * Defendants. *
PLAINTIFF’S FIRST CONSOLIDATED DISCOVERY TO DEFENDANTS TUI EXPRESS INCORPORATED AND TUI EXPRESS LLC
I.
ELECTRONICALLY FILED5/29/2015 8:50 AM
03-CV-2015-900868.00CIRCUIT COURT OF
MONTGOMERY COUNTY, ALABAMATIFFANY B. MCCORD, CLERK
2
DIRECTIONS FOR ANSWERING INTERROGATORIES
Plaintiff in the above-styled action serves these interrogatories upon Defendants TUI